DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because of the following:
Reference character “1” has been used to designate a pair of separators (see Figure 1 and paragraph [0117] of specification), a reaction precipitate (see paragraphs [0152] and [0153] of specification), a metal composite hydroxide (see paragraphs [0153] and [0154] of specification), a metal composite oxide (see paragraphs [0154]-[0156] and [0170] of specification), a total amount (see paragraph [0155] of specification), a mixture (see paragraphs [0155], [0156], and [0170] of specification), a reaction product (see paragraphs [0156]-[0158] and [0174] of specification), and a calcined product (see paragraphs [0158] and [0159] of specification).
Reference character “2” has been used to designate a positive electrode (see Figure 1; and paragraphs [0117] and [0118] of specification), a reaction precipitate (see paragraphs [0163] and [0164] of specification), a metal composite hydroxide (see paragraphs [0164]-[0166] and [0177] of specification), a mixture (see paragraphs [0165] and [0166] of specification), a reaction product (see paragraphs [0166] and [0167] of specification), and a calcined product (see paragraphs [0167] and [0168] of specification).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0069], 4th line, delete “and” after “which”.
In paragraph [0089], 5th line, replace “of” with “is” before “lower”.
Appropriate correction is required.
Claim Objections
Claims 1, 6, 8, and 13 are objected to because of the following informalities:
In claim 1, 2nd line, add “said positive electrode active material” before “comprising” for clarity.
In claim 6, 3rd line, it is believed that “wherein” should be replaced with “comprising” for clarity.
In claim 8, 2nd line, add “said positive electrode active material” before “comprising” for clarity.
In claim 13, 3rd line, it is believed that “wherein” should be replaced with “comprising” for clarity.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 8-10, 12, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2019/187953 A1, of which a complete copy of the Japanese document with an English abstract was provided with Information Disclosure Statement dated December 4, 2023, with an English equivalent to Inoue et al. (US 2021/0057746) for use in reference to translated text (rather than a machine translation of WO 2019/187953 A1).
Regarding independent claim 1, WO ‘953 (refer to equivalent US 2021/0057746) discloses a positive electrode active material for a secondary lithium battery (abstract; paragraphs [0035]-[0071]; Examples 1, 6, and 7; and Figures 1A, 1B, and 2-4), in which the positive electrode active material comprises a lithium metal composite oxide containing at least Li and Ni, and satisfying aspects (1) and (2):
(1) a pore volume in a range of pore diameter of 2 to 10 nm is 9.0 x 10-4 cm3/g or less in a pore diameter distribution in an adsorption isotherm as determined by measurement of an adsorption isotherm and a desorption isotherm of nitrogen gas and a Barrett-Joyner-Halenda method (see Figure 2; and paragraphs [0037], [0054], [0055], and [0065]-[0071] of US ‘746); and
(2) a pore diameter at which a log differential pore volume is a maximum value in a log differential pore volume in a range of pore diameter of 2 to 200 nm based on a pore diameter distribution in a desorption isotherm as determined by measurement of an adsorption isotherm and a desorption isotherm of nitrogen gas and a Barrett-Joyner-Halenda method is more than 10 nm and 200 nm or less (see Figure 4; and paragraphs [0038] and [0065]-[0071] of US ‘746).
Regarding claim 2, WO ‘953 (US ‘746) discloses that the lithium metal composite oxide is represented by Li[Lim(Ni(1-n)Xn)1-m]O2, wherein X represents one or more elements selected from Mn, Fe, Cu, Ti, Mg, Al, W, B, Mo, Zn, Sn, Zr, Ga, Nb, and V (more preferably Mn, Al, W, B, and Zr – see paragraph [0049]), and satisfies -0.1 ≤ m ≤ 0.2 and 0 ≤ n ≤ 0.7 (see paragraphs [0035], [0036], and [0049]).
Regarding claims 3 and 10, WO ‘953 (US ‘746) discloses the limitations of claims 1 and 2 above, and further discloses that a maximum value of log differential pore volume in a range of pore diameter of 5 nm or less is less than 0.005 cm3/g in the pore diameter distribution in the desorption isotherm (see Figure 2; and paragraphs [0037], [0038], [0054], [0055], and [0065]-[0071] of US ‘746).
Regarding claims 5 and 12, WO ‘953 (US ‘746) discloses that a pore volume in a range of pore diameter of 2 to 200 nm is 2.0 x 10-3 cm3/g or more in the pore diameter distribution in the desorption isotherm (see Figure 4; and paragraphs [0038] and [0065]-[0071] of US ‘746).
Regarding claims 8, 9, 15, and 16, WO ‘953 (US ‘746) discloses a positive electrode (2) of a lithium secondary battery (10) that includes the above claimed positive electrode active material (see abstract; paragraphs [0123]-[0126]; and Figures 1A and 1B).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4, 6, 7, 11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/187953 A1 (equivalent to Inoue et al. (US 2021/0057746)).
Regarding claims 4 and 11, WO ‘953 (US ‘746) discloses the limitations of claims 1 and 2 above, and further discloses that the positive electrode active material further comprises at least a trace amount of Na (sodium) in the form of sodium hydroxide (see Examples 1, 6, and 7), wherein a product of a proportion of a mass of Na to a total mass of the positive electrode active material for the lithium secondary battery and a BET specific surface area of the positive electrode active material for the lithium secondary battery would be at low levels, including within a range of 2.0 x 10-4 m2/g or less (including at or near zero), in which a proportion of a mass of Na as a trace amount per Examples 1, 6, and 7. In this instance, one of ordinary skill in the art would have recognized the optimization of an amount of Na by routine experimentation with a reasonable expectation of success, in order to optimize the properties of the positive electrode active material (see abstract). Moreover, it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the instantly claimed ranges through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (1980).
Regarding claims 6 and 13, WO ‘953 (US ‘746) discloses the limitations of claims 1 and 2 above, but does not explicitly disclose a BET specific surface area of 0.5 m2/g or more and less than 1.2 m2/g. However, one of ordinary skill in the art would have recognized that components in the positive electrode active material of claims 1 and 2 of WO ‘953 (US ‘746) are substantially similar to that of applicant’s claims, such that the claimed range of BET specific surface area would include substantial overlap to at least render obvious the respective BET specific surface area ranges due to similar presence of components of the positive electrode active material (see paragraphs [0035], [0036], and [0049] of US ‘746). Moreover, it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the instantly claimed ranges through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (1980).
Regarding claims 7 and 14, WO ‘953 (US ‘746) discloses the limitations of claims 1 and 2 above, but does not explicitly disclose that a value of S/(V x 1000) is less than 0.30 m2/cm3, where S is a BET specific surface area of the positive electrode active material for the lithium secondary battery, and V is a pore volume in a range of pore diameter of 2 to 200 nm. However, one of ordinary skill in the art would have recognized that components in the positive electrode active material of claims 1 and 2 of WO ‘953 (US ‘746) are substantially similar to that of applicant’s claims, such that the claimed ranges would include substantial overlap to at least render obvious the respective S/(V x 1000) and BET specific surface area ranges due to similar presence of components of the positive electrode active material (see paragraphs [0035], [0036], and [0049] of US ‘746). Moreover, it would have been obvious to one of ordinary skill in the art at the time of the invention to choose the instantly claimed ranges through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See In re Boesch, 205 USPQ 215 (1980).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 August 18, 2026
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