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 Objections
Claims 6, 12, and 19 are objected to because of the following informalities:
Condition (e) recites “the lithium transition metal oxide further comprises Na element.” Although condition (e) is clear and understood, to ensure proper antecedent basis, please change “comprises Na element” to “comprises a Na element.”
Appropriate correction is required.
Condition (f) recites “the lithium transition metal oxide further comprises R element.”, Although condition (f) is clear and understood, to ensure proper antecedent basis, please change “comprises R element” to “comprises an R element.”
Appropriate correction is required.
Condition (g) recites “the lithium transition metal oxide further comprises Q element.” Although condition (g) is clear and understood, to ensure proper antecedent basis, please change “comprises Q element” to “comprises a Q element.”
Appropriate correction is required.
Claim Interpretation
Claims 6, 12, and 19 each recite “the lithium transition metal oxide comprises a T element; the T element comprises at least one selected from the group consisting of Ni, Co, and Mn; and the positive electrode material satisfies at least one of the following conditions (a) to (g).” Conditions (c) and (d) are interpreted by the Examiner as follows:
based on the total molar content of the T element in the lithium transition metal oxide, a molar percent of an F element in the lithium transition metal oxide is 0.01% to 0.5%;
Interpreted as the lithium transition metal oxide further comprises Fluorine (F), and a molar percent of F in the lithium transition metal oxide is a value equal to 0.01% to 0.5% of a molar percent of T (i.e., “based on the total molar content of the T element”).
based on the total molar content of the T element in the lithium transition metal oxide, a molar percent of an N element in the lithium transition metal oxide is 0.01% to 1%;
Interpreted as the lithium transition metal oxide further comprises Nitrogen (N), and a molar percent of N in the lithium transition metal oxide is a value equal to 0.01% to 1% of a molar percent of T (i.e., “based on the total molar content of the T element”).
If these interpretations are not consistent with Applicant’s intended limitations, Examiner recommends amending the condition(s) accordingly.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6, 12, and 19 are 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.
Claims 6, 12, and 19 each recite “the lithium transition metal oxide comprises a T element; the T element comprises at least one selected from the group consisting of Ni, Co, and Mn; and the positive electrode material satisfies at least one of the following conditions (a) to (g).” Conditions (a) and (b) are not clearly written, and can be interpreted multiple ways. For the purpose of this action, conditions (a) and (b) are being examined under the interpretations written in bold text:
(a): “based on a total molar content of the T element in the lithium transition metal oxide, a molar percent of Ni element in the lithium transition metal oxide is greater than or equal to 50%;”
The limitation “a molar percent of Ni element” is unclear. Is “a molar percent of Ni element” referring to the Ni element, meaning T = Ni? Or is “a molar percent of Ni element” referring to “a molar percent of a Ni element,” wherein T = Co and/or Mn?
Within the context of the limitation “based on a total molar content of the T element in the lithium transition metal oxide,” the claim is understood as “a molar percent of a Ni element in the lithium transition metal oxide is a value greater than or equal to 50% of a total molar content of the T element,” wherein T = Co and/or Mn.
Appropriate correction is required.
(b): “based on the total molar content of the T element in the lithium transition metal oxide, a molar percent of Mn element in the lithium transition metal oxide is less than or equal to 50%; and/or, based on the total molar content of the T element in the lithium transition metal oxide, a molar percent of Co element in the lithium transition metal oxide is less than or equal to 50%;”
The limitation “a molar percent of Mn element” is unclear. Is “a molar percent of Mn element” referring to the Mn element, meaning T = Mn? Or is “a molar percent of Mn element” referring to “a molar percent of an Mn element,” wherein T = Co and/or Ni?
Within the context of the limitation “based on a total molar content of the T element in the lithium transition metal oxide,” the claim is understood as “a molar percent of a Mn element in the lithium transition metal oxide is a value less than or equal to 50% of a total molar content of the T element,” wherein T = Co and/or Ni.
Appropriate correction is required.
The limitation “a molar percent of Co element” is also unclear. Is “a molar percent of Co element” referring to the Co element, meaning T = Co? Or is “a molar percent of Co element” referring to “a molar percent of a Co element,” wherein T = Ni and/or Mn?
Within the context of the limitation “based on a total molar content of the T element in the lithium transition metal oxide,” the claim is understood as “a molar percent of a Co element in the lithium transition metal oxide is a value less than or equal to 50% of a total molar content of the T element,” wherein T = Ni and/or Mn.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Saito et al., US 20220131146 A1.
Regarding Claim 1, Saito discloses a positive electrode material, comprising a lithium transition metal oxide (Sample 1-1, doped LiCoO2 [0669-0676], Tables 1-6, Figs. 1-3);
wherein, as tested by X-ray diffractometry, a full width at half maximum FWHM(101) of a (101) crystal plane diffraction peak and a full width at half maximum FWHM(104) of a (104) crystal plane diffraction peak of the positive electrode material satisfy: FWHM(101)/FWHM(104) ≤ 0.7 (XRD Testing [0811-0828], see calculated “F(101)/F(104)” values on Tables 5 and 6):
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Saito – Tables 5 and 6 Annotated by Examiner
Regarding Claim 2, Saito discloses all limitations as set forth above. Saito discloses 0.5 ≤ FWHM(101)/FWHM(104) ≤ 0.7 (see Annotated Tables 5 and 6):
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1520
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Saito – Tables 5 and 6 Annotated by Examiner
Regarding Claim 3, Saito discloses all limitations as set forth above. Saito discloses
0.25° ≤ FWHM(104) ≤ 0.6° (Table 6, Sample 1-1 at 4.7 V, 45 °C, 5th: FWHM 104 = 0.2581°).
Regarding Claim 4, Saito discloses all limitations as set forth above. Saito discloses a full width at half maximum FWHM(003) of a (003) crystal plane diffraction peak of the positive electrode material satisfies: 0.5 ≤ FWHM(101)/FWHM(003) ≤ 1.5 (see calculated “F(101)/F(003)” values on Tables 5 and 6 below):
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Saito – Tables 5 and 6 Annotated by Examiner
Regarding Claim 5, Saito discloses all limitations as set forth above. Saito discloses a full width at half maximum FWHM(003) of a (003) crystal plane diffraction peak of the positive electrode material satisfies: 0.7 ≤ FWHM(101)/FWHM(003) ≤ 0.9 (see calculated “F(101)/F(003)” value of 0.9 on Table 5 below):
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Saito – Table 5 Annotated by Examiner
Regarding Claim 6, Saito discloses all limitations as set forth above. Saito discloses the lithium transition metal oxide comprises a T element; the T element comprises at least one selected from the group consisting of Ni, Co, and Mn (LiMO2 general formula, M=Co for Sample 1-1 [0144, 0671]; Co is the claimed “T” variable); and
(b) based on the total molar content of the T element in the lithium transition metal oxide (i.e. the total molar content of Co in LiCoO2), a molar percent of an Mn element in the lithium transition metal oxide is less than or equal to 50% (Sample 1-1 does not comprise Mn, so the molar percent of Mn is 0%, which is within the recited range).
Claims 7-20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Saito et al., US 20220131146 A1.
Regarding Claims 7 and 14, Saito discloses an electronic device (computers, cameras, vehicles [0585, 0659]), comprising an electrochemical device (secondary battery [0446], CR2032 coin cell [0366-0374]), comprising a positive electrode, wherein the positive electrode comprises a positive current collector and a positive active material layer (the positive electrode includes a positive electrode active material layer and a positive electrode current collector [0447]), and
the positive active material layer comprises a positive electrode material comprising a lithium transition metal oxide (Sample 1-1, doped LiCoO2 [0669-0676], Tables 1-6, Figs. 1-3);
wherein, as tested by X-ray diffractometry, a full width at half maximum FWHM(101) of a (101) crystal plane diffraction peak and a full width at half maximum FWHM(104) of a (104) crystal plane diffraction peak of the positive electrode material satisfy: FWHM(101)/FWHM(104) ≤ 0.7 (XRD Testing [0811-0828], see calculated “F(101)/F(104)” values on Tables 5 and 6 in Claim 1).
Regarding Claims 8 and 15, Saito discloses all limitations as set forth above. Saito discloses 0.5 ≤ FWHM(101)/FWHM(104) ≤ 0.7 (see Annotated Tables 5 and 6 in Claim 2).
Regarding Claims 9 and 16, Saito discloses all limitations as set forth above. Saito discloses
0.25° ≤ FWHM(104) ≤ 0.6° (Table 6, Sample 1-1 at 4.7 V, 45 °C, 5th: FWHM 104 = 0.2581°).
Regarding Claims 10 and 17, Saito discloses all limitations as set forth above. Saito discloses a full width at half maximum FWHM(003) of a (003) crystal plane diffraction peak of the positive electrode material satisfies: 0.5 ≤ FWHM(101)/FWHM(003) ≤ 1.5 (see “F(101)/F(003)” on Tables 5 and 6 in Claim 4).
Regarding Claims 11 and 18, Saito discloses all limitations as set forth above. Saito discloses a full width at half maximum FWHM(003) of a (003) crystal plane diffraction peak of the positive electrode material satisfies: 0.7 ≤ FWHM(101)/FWHM(003) ≤ 0.9 (see “F(101)/F(003)” value of 0.9 on Table 5 in Claim 5).
Regarding Claims 12 and 19, Saito discloses all limitations as set forth above. Saito discloses the lithium transition metal oxide comprises a T element; the T element comprises at least one selected from the group consisting of Ni, Co, and Mn (LiMO2 general formula, M=Co for Sample 1-1 [0144, 0671]; Co is the claimed “T” variable); and
(b) based on the total molar content of the T element in the lithium transition metal oxide (i.e. the total molar content of Co in LiCoO2), a molar percent of a Mn element in the lithium transition metal oxide is less than or equal to 50% (Sample 1-1 does not comprise Mn, so the molar percent of Mn is 0%, which is within the recited range).
Regarding Claims 13 and 20, Saito discloses all limitations as set forth above. Saito discloses the limitation “the positive electrode and lithium metal are assembled to form a button battery” (the positive electrode active material is assembled in a CR2032 coin cell with lithium [0366-0374, 0527-0534]; see constant current charging and voltages in [0366-0374]; “coin cell” synonymous with “button battery,” see Figs. 22A-B and [0056]).
Regarding the claimed conditions (h) through (m), while features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. In re Schreiber, 128 F.3d 1473, 1477-78, 44 USPQ2d 1429, 1431-32 (Fed. Cir. 1997) [MPEP 2114]. Since Saito teaches all required structural limitations of the apparatus (a coin cell comprising the positive electrode and lithium metal), the coin cell structure of Saito is considered capable of meeting the functional limitations in conditions (h) through (m).
Examiner notes the limitation “after the electrochemical device is fully discharged” has been given little patentable weight because the recitation occurs in the preamble and does not impart any additional structural limitations upon the electrochemical device. A preamble is generally not accorded patentable weight where it merely recites the purpose of a process or the intended use of a structure, and where the body of the claim does not depend on the preamble for completeness but, instead, the process steps or structural limitations are able to stand alone. See In re Hirao, 535 F.2d 67, 190 USPQ 15 (CCPA 1976) and Kropa v. Robie, 187 F.2d 150, 152, 88 USPQ 478, 481 (CCPA 1951).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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