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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1—4 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the particle diameter D50" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the particle diameter D90" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the X-ray diffraction pattern" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the particle diameter D10" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the temperature" in line 9 and 14. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the particle diameter D50" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the particle diameter D90" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the time " in line 16. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the particle diameter D10" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1—2 and 4—5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama (US 2021/0119207 A1).
Regarding claim 1, Sugiyama teaches a positive electrode active material, comprising Li containing oxide particles (paragraph 0014), wherein the Li containing oxide particles have O2 type structures (paragraph 0014), the Li containing oxide particles have an overlapping chemical composition represented by LiaNabMnx-pNiy-qCoz-rMp+q+rO2 (where 0<a≦1.00, 0≦b<0.01, x+y+z=1, 0≦p+q+r<0.17, and element M Al or Mo) [paragraph 0014; examiner notes Sugiyama composition is represented by LibNacMnl-sNim-tCon-uM2s+t+uO2 where 0<b+c≤1, l+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25, M2 is Al or Mo, when M2 is Al, 1 is not equal to m, and any one of 1 and m is not 0], and a X-ray diffraction pattern of the Li containing oxide particles that overlaps 0≦I2/I1≦0.5, wherein I1 is X-ray diffraction peak intensity derived from (002) plane of the O2 type structure (item—100, figure 3), and I2 is X-ray diffraction peak intensity derived from (003) plane of O3 type structure (item—104, figure 3, paragraph 0050; examiner notes Sugiyama ratio is 0.1—3).
Sugiyama teaches positive electrode active material particle diameters (paragraph 0055) but does not specifically teach the particle diameter D50 and D90 of the Li containing oxide particles. Species in Sugiyama are Li containing oxide particles represented by LibNacMnl-sNim-tCon-uM2s+t+uO2 where 0<b+c≤1, l+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25, M2 is Al or Mo, when M2 is Al, 1 is not equal to m, and any one of 1 and m is not 0, and have a O2 type structure and a O3 type structure coexist in a single particle of the cathode active material (paragraph 0014). Examples of the species include Li0.7Mn0.4Ni0.2Co0.3Al0.1O2 (paragraph 0105) and Li0.7Mn0.4Ni0.2Co0.3Mo0.1O2 (paragraph 0110). The average particle diameter of the cathode active material is 1 nm—100 μm (paragraph 0055). Turning to applicants’ specification the Li containing particle composition is represented by LiaNabMnx-pNiy-qCoz-rMp+q+rO2 (where 0<a≦1.00, 0≦b<0.01, x+y+z=1, 0≦p+q+r<0.17, and element M is at least one of Al and Mo) [paragraph 0012]. The Li containing oxide particle has such an O2 type structure and O3 type structure (paragraph 0012). The particle diameter ranges from 0.1μm—6.0μm (paragraph 0013). Because Sugiyama teaches the same species, overlapping particles size, O2 type structures and O3 type structures, thus the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to include the particle diameter D50 and D90 of the Li containing oxide particles as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claims 2 and 4, Sugiyama teaches positive electrode active material particle diameter (paragraph 0055) but does not specifically teach the particle diameter D10 of the Li containing oxide particles. Species in Sugiyama are Li containing oxide particles represented by LibNacMnl-sNim-tCon-uM2 s+t+u+O2 where 0<b+c≤1, l+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25, M2 is Al or Mo, when M2 is Al, 1 is not equal to m, and any one of 1 and m is not 0, and a O2 type structure and a O3 type structure coexist in a single particle of the cathode active material (paragraph 0014). Examples of the species include Li0.7Mn0.4Ni0.2Co0.3Al0.1O2 (paragraph 0105) and Li0.7Mn0.4Ni0.2Co0.3Mo0.1O2 (paragraph 0110). The average particle diameter of the cathode active material is 1 nm—100 μm (paragraph 0055). Turning to applicants’ specification the Li containing particle composition is represented by LiaNabMnx-pNiy-qCoz-rMp+q+rO2 (where 0<a≦1.00, 0≦b<0.01, x+y+z=1, 0≦p+q+r<0.17, and element M is at least one of Al and Mo) [paragraph 0012]. The Li containing oxide particle has such an O2 type structure and O3 type structure (paragraph 0012). The particle diameter ranges from 0.1μm—6.0μm (paragraph 0013). Because Sugiyama teaches the same species, overlapping particles size, O2 type structures and O3 type structures, thus the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to include the particle diameter D10 of the Li containing oxide particles as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 5, Sugiyama further teaches a lithium-ion secondary battery (paragraph 0057), comprising a positive electrode active material layer (item—10, figure 2, paragraph 0058), an electrolyte layer (item—20, figure 2, paragraph 0058), and a negative electrode active material layer (item—30, figure 2, paragraph 0058).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama (US 2021/0119207 A1) in view of Matsuyama (JP 2022/085829 A).
Regarding claim 3, Sugiyama teaches a method of manufacturing a positive electrode active material (paragraph 0028), the method comprising: obtaining precursor particles comprising at least one element of Mn, Ni and Co (paragraph 0031), coating the surface of the precursor particles with a Na source to obtain composite particles (paragraph 0032), and contacting an ion-exchange material with the Na containing oxide particles and ion-exchanging Na of the Na containing oxide particles with Li to obtain Li containing oxide particles having O2 type structures (paragraph 0041), the temperature of the ion exchanging is the melting point of the ion-exchange material or more and 300 °C or less (paragraph 0041), and the time of the ion exchanging is 30 minutes or more and less than 3 hours (paragraph 0041).
Sugiyama teaches positive electrode active material particle diameters (paragraph 0055) and heating the precursor particle with a Na source using calcination method to obtain Na containing oxide particles having P2 type structure (paragraph 0032—0033) but does not specifically teach the particle diameter D50 and D90 of the Li containing oxide particles nor firing the precursor particle with a Na source to obtain Na containing oxide particles having P2 type structure.
Species in Sugiyama are Li containing oxide particles represented by LibNacMnl-sNim-tCon-uM2s+t+uO2 where 0<b+c≤1, l+m+n=1, 3≤4l+2m+3n≤3.5, and 0.05≤s+t+u<0.25, M2 is Al or Mo, when M2 is Al, 1 is not equal to m, and any one of 1 and m is not 0, and a O2 type structure and a O3 type structure coexist in a single particle of the cathode active material (paragraph 0014). Examples of the species include Li0.7Mn0.4Ni0.2Co0.3Al0.1O2 (paragraph 0105) and Li0.7Mn0.4Ni0.2Co0.3Mo0.1O2 (paragraph 0110). The average particle diameter of the cathode active material is 1 nm—100 μm (paragraph 0055). Turning to applicants’ specification the Li containing particle composition is represented by LiaNabMnx-pNiy-qCoz-rMp+q+rO2 (where 0<a≦1.00, 0≦b<0.01, x+y+z=1, 0≦p+q+r<0.17, and element M is at least one of Al and Mo) [paragraph 0012]. The Li containing oxide particle has such an O2 type structure and O3 type structure (paragraph 0012). The particle diameter ranges from 0.1μm—6.0μm (paragraph 0013). Because Sugiyama teaches the same species, overlapping particles size, O2 type structures and O3 type structures, thus the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to include the particle diameter D50 and D90 of the Li containing oxide particles as claimed.
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Matsuyama teaches firing the precursor particle with a Na source to obtain Na containing oxide particles having P2 type structures (paragraph 0039—0040, 0056), wherein the temperature of the main firing is 700 °C or higher and lower than 950 °C (paragraph 0056, 0060, and 0064).
Sugiyama and Matsuyama teach a method to manufacture a positive electrode active material involving the following: a precursor particle with Mn, Ni, and Co; surface coating of the precursor particle with a Na source to obtain composite particles; and heating the composite material to obtain Na containing oxide particles having P2 type structures, therefore producing a Li containing oxide particles having O2 type structures using X-ray diffraction analysis as verification. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure a method of manufacturing a positive electrode active material taught by Sugiyama with the firing method taught by Matsuyama as both primary and secondary reference produce a positive electrode active material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sugiyama (US 2022/0158165 A1) teaches a method to produce cathode active material including a lithium containing oxide particle having O2 type structure (abstract). Specifically, Sugiyama teaches a positive electrode active material, comprising Li containing oxide particles (paragraph 0059), wherein the Li containing oxide particles have O2 type structures (paragraph 0053), the Li containing oxide particles have an overlapping chemical composition represented by LiaNabMnx-pNiy-qCoz-rMp+q+rO2 (where 0<a≦1.00, 0≦b<0.01, x+y+z=1, 0≦p+q+r<0.17, and element M is at least one of Mg, Al, Ca, Ti, Cr, Fe, Cu, Zn, Nb, and Mo) [paragraph 0059; examiner notes Sugiyama composition is represented by LipMnxNiyCozMe(1-x-y-z)O2 provided that x, y, z satisfy 0≤x≤1, 0≤y≤1, 0≤z≤1, and 0<x+y+z≤1, p satisfies 0.5≤p≤1, and Me is at least one kind of Al, Fe, Mg, Ca, Ti, Cr, Cu, Zn, Nb, and Mo. The “x” may be 0 and may be larger than 0. The “y” may be 0 and may be larger than 0. The “z” may be 0 and may be larger than 0. Also, “x+y+z” may be 1 and may be smaller than 1], the particle diameter D50 of the Li containing oxide particles has an overlapping range of more than 0μm and 3.0μm or less (paragraph 0060; examiner notes Sugiyama D50 is 1 nm—100 μm) which meet claim 1 dimensions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELVIN MITCHELL FRAZIER whose telephone number is (571)270-5955. The examiner can normally be reached Monday- Friday 8:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Maria Veronica D Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/K.M.F./Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
Prosecution Insights