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 .
2. Claims 1-8 are pending in this office action.
Priority
3. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), which papers have been placed of record in the file.
Information Disclosure Statement
4. Information disclosure statements (IDS), submitted April 18, 2024, and January 23, 2026, have been received and considered by the examiner.
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
7. Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Momma et al. (US 2021/0313571 A1).
With regard to Claim 1, Momma et al. disclose a positive electrode active material particle containing comprising lithium, cobalt, oxygen, and an additive element (paragraphs 0113-0114), wherein the positive electrode active material particle comprises a surface portion and an inner portion (paragraph 0128), wherein the positive electrode active material particle contains comprises the additive element in the surface portion (paragraphs 0125, 0128), wherein the surface portion is a region extending from a surface of the positive electrode active material particle to a depth of 10 nm or less toward the inner portion (paragraph 0071), wherein the surface portion and the inner portion are topotaxy, wherein a degree of diffusion of the additive element vary between each crystal planes of the surface portion, and wherein the additive element is at least one or two or more selected from nickel, aluminum, and magnesium (paragraphs 0125, 0128).
With regard to Claim 2, Momma et al. disclose wherein the positive electrode active material particle comprises a crystal structure identified as a space group R-3m (paragraph 0020), and wherein, in the surface portion, the additive element exists deeper in a region not parallel to the arrangement of cations than in a region parallel to the arrangement of cations (paragraphs 0125, 0128).
With regard to Claim 3, Momma et al. disclose wherein the number of atoms of the nickel is greater than or equal to 0.1% and less than or equal to 2% of the number of atoms of the cobalt (paragraph 0116), and wherein the number of atoms of the aluminum is greater than or equal to 0.1 % and less than or equal to 2% of the number of atoms of the cobalt (paragraph 0117).
With regard to Claim 4, Momma et al. disclose wherein the positive electrode active material further comprises fluorine as the additive element (paragraph 0111).
With regard to Claim 5, Momma et al. disclose a lithium-ion secondary battery comprising a positive electrode and a negative electrode, wherein the positive electrode comprises a positive electrode active material comprising a positive electrode active material particle, wherein the positive electrode active material particle comprises lithium, cobalt, oxygen, magnesium, and aluminum (paragraphs 0113-0114), wherein the positive electrode active material particle comprises a surface portion and an inner portion (paragraph 0128), wherein the positive electrode active material particle comprises magnesium an aluminum in the surface portion (paragraphs 0125, 0128), wherein the surface portion is a region extending from a surface of the positive electrode active material particle to a depth of 10 nm or less toward the inner portion (paragraph 0071), wherein the surface portion and the inner portion are topotaxy, wherein a degree of diffusion of magnesium in a region not parallel to the arrangement of cations is different from a degree of diffusion of magnesium in a region parallel to the arrangement of cations (paragraph 0128), an wherein a degree of diffusion of aluminum in a region not parallel to the arrangement of cations is different from a degree of diffusion of aluminum in a region parallel to the arrangement of cations (paragraph 0125).
With regard to Claim 6, Momma et al. disclose wherein the positive electrode active material particle comprises a crystal structure identified as a space group R-3m (paragraph 0020), and wherein, in the surface portion, the additive element exists deeper in a region not parallel to the arrangement of cations than in a region parallel to the arrangement of cations (paragraphs 0125, 0128).
With regard to Claim 7, Momma et al. disclose wherein the number of atoms of the nickel is greater than or equal to 0.1% and less than or equal to 2% of the number of atoms of the cobalt (paragraph 0116), and wherein the number of atoms of the aluminum is greater than or equal to 0.1 % and less than or equal to 2% of the number of atoms of the cobalt (paragraph 0117).
With regard to Claim 8, Momma et al. disclose wherein the positive electrode active material further comprises fluorine as the additive element (paragraph 0111).
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725
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