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 .
Response to Amendment
The preliminary amendment filed on 06/13/2024 is entered and acknowledged by the Examiner. Claims 3-8, 10, 11, 13, and 15 have been amended. Claims 1-16 are currently pending in the instant application.
Priority
This application is a 371 of PCT/GB2022/052694 (filed on 10/21/2022). Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in United Kingdom on 10/22/2021.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 06/13/2024 is in compliance with the provisions of 37 CFR 1.97 and has been considered by the examiner. An initialed copy accompanies this Office Action.
Drawings
The drawings filed on 04/18/2024 have been considered.
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 1-7 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.
Claim 2 recites the limitation "the integrated peak area" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the integrated peak area" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 3 and 6, the phrase "such as" render the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 4 recites the limitation "the space group" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the space group" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the integrated peak area" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 7, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 00/23380 (hereinafter Pickering).
Initially, it should be noted that the Pickering reference is cited in the IDS filed on 06/13/2024 and as an “X” reference in the international search report filed on 06/13/2024.
Regarding claims 1 and 15-16, Pickering discloses a trivalent manganese compound LiMnO2 useful as cathode material for lithium ion batteries (See page 1, lines 17-18). The cathode material of Pickering meets the claimed electrode as recited in claim 15. The lithium ion batteries of Pickering meets the claimed electrochemical cell as recited in claim 16. Pickering discloses that the LiMnO2 compound includes a monoclinic (m-) LiMnO2 having a layered rock salt structure (See page 1, lines 18-19 and Table 1 at page 13, 80% o-LiMnO2 and 15% m-LiMnO2). Pickering also discloses that the LiMnO2 compound obtained by conventional solid state reaction usually has an orthorhombic (o-LiMnO2) structure with space group Pmnm (See page 1, lines 20-22). The LiMnO2 compound of Pickering includes a layered rock salt structure and an orthorhombic (o-LiMnO2) structure as recited in claim 1.
Regarding claims 2 and 3, Pickering discloses the LiMnO2 compound having an orthorhombic (o-LiMnO2) structure with space group Pmnm (See page 1, lines 20-22). The orthorhombic (o-LiMnO2) structure of Pickering has the same phase as the claimed second crystalline phase. Therefore, the orthorhombic (o-LiMnO2) structure of Pickering inherently has the same integrated peak area as for the second phase as claimed because structurally same or similar phase is expected to have the same or similar properties such as integrated peak area.
Regarding claim 4, Pickering discloses that the LiMnO2 compound having a layered rock salt structure (See page 1, lines 18-19). The rock salt structure is known in the art to have a symmetry belonging to a space group Fm-3m.
Regarding claim 5, Pickering discloses the LiMnO2 compound having a space group Pmnm (See page 1, lines 20-22).
Regarding claim 6, Pickering discloses the LiMnO2 compound having rock salt structure (See page 1, lines 18-19). The rock salt structure of Pickering has the same phase as the claimed first crystalline phase. Therefore, the rock salt structure of Pickering inherently has the same integrated peak area as for the first phase as claimed because structurally same or similar phase is expected to have the same or similar properties such as integrated peak area.
Regarding claim 7, Pickering discloses the LiMnO2 compound having an orthorhombic (o-LiMnO2) structure as claimed (See page 1, lines 20-22).
Regarding claims 8-10, Pickering discloses metal-doped lithium manganese oxide composition having a formula LiM1m1M2m2…MxmxMnzO2 wherein M1, M2…Mx are each selected from the group consisting of Al, Ga, Cr, Co, Fe, B, V, Ti and Ru with 0<m1≤0.05, 0<m2≤0.05 and 0.90≤z≤1.0 (See Claims 1, 4 and 11 of Pickering). The metal-doped lithium manganese oxide composition of Pickering meets the claimed Formula 1.
Regarding claim 11, Pickering discloses a process for producing of a lithium manganese metal oxide material comprises of ball-milling a mixed reagents including lithium compound and manganese compound as required in claim 11 (See claims 20 and 33 of Pickering). The process also include a step of heat treatment to a temperature of 1000°C to 1080°C for at least 5 hours as required in claims 11 and 12 (See claims 20 and 35 of Pickering).
Regarding claims 13-14, Pickering discloses that the lithium manganese metal oxide material is useful as cathode material (claimed electrode material) for lithium ion batteries (claimed electrochemical cell) (See page 1, lines 17-18). Thus, the process of producing the lithium manganese metal oxide material of Pickering meets the instant claimed steps of forming an electrode and step of constructing a battery or electrochemical cell.
The reference specifically or inherently meets each of the claimed limitations in their broadest interpretations. The reference is anticipatory.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
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 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.
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to the applicant's disclosure.
JP 2007077018 A to Junji et al. discloses a lithium manganese oxide having an orthorhombic crystalline structure and a delithiated manganese dioxide crystal having a rock salt type of crystal structure (See Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHANH TUAN NGUYEN whose telephone number is (571)272-8082. The examiner can normally be reached M-F 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHANH T NGUYEN/Primary Examiner, Art Unit 1761
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