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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 2 is objected to because of the following informalities: in lines 9-10, the elements Ce, Hf, and La are listed twice. 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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bai et al. (CN 111628157 A, machine translation relied upon herein, and hereinafter “Bai”).
Regarding claim 1, Bai discloses a method for preparing a positive electrode active material ([0025]), comprising: (A) mixing a positive electrode active material precursor containing 80 mol% or greater of nickel (Ni) in all metals with a lithium-containing raw material, and then performing primary firing to prepare a primary fired product ([0025] and [0046]-[0047], Example 2, mixing precursor Ni0.92Co0.05Mn0.02Al0.01(OH)2 with a lithium source and performing a first sintering to obtain a first sintered single crystal cathode material); and (B) mixing the primary fired product and a nickel compound, and then performing secondary firing to prepare a lithium transition metal oxide ([0025] and [0046]-[0047], Example 2, mixing first sintered single crystal cathode material with Ni in coating agent Ni(OH)2 and performing a second sintering to obtain final quasi-single cathode material), wherein the nickel compound is added such that the mol% of nickel contained in the nickel compound is greater than 0.01 mol% to less than 0.15 mol% based on a total number of moles of the metals contained in the positive electrode active material precursor ([0046]-[0047], Example 2, mass ratio of first sintered single crystal cathode material to coating agent nickel is 1:0.00085, or 0.096 mol%).
Regarding claim 2, Bai discloses the limitations of claim 1. Bai further discloses wherein the positive electrode active material precursor has a composition represented by Formula 1-1, Nia1Cob1Mnc1M1d1(OH)2, wherein M1 is one or more selected from Al, Zr, B, W, Mg, La, Ti, Sr, Ba, P, and Y, and 0.80 ≤ a1 < 1.0, 0 < b1 ≤ 0.20, 0 < c1 ≤ 0.20, 0 ≤ d1 ≤ 0.10, and a1+b1+c1+d1=1 ([0014] and [0046], specifically Example 2 with precursor Ni0.92Co0.05Mn0.02Al0.01(OH)2).
Regarding claim 3, Bai discloses the limitations of claim 1. Bai further discloses wherein the nickel compound has an average particle diameter (D50) of less than 3 μm ([0038], particle size of the particles in the coating layer is 0.01-0.45 μm).
Regarding claim 4, Bai discloses the limitations of claim 1. Bai further discloses wherein the nickel compound is one or more selected from Ni(OH)2, NiCO3, NiSO4, NiF2, NiCl2, NiBr2, and NiI2 ([0010] and [0046]-[0047], specifically Example 2 with nickel compound Ni(OH)2).
Regarding claim 5, Bai discloses the limitations of claim 1. Bai further discloses wherein the nickel compound is added such that the mol% of nickel contained in the nickel compound is greater than 0.01 mol% to 0.14 mol% or less based on the total number of moles of the metals contained in the positive electrode active material precursor ([0046]-[0047], Example 2, mass ratio of first sintered single crystal cathode material to coating agent nickel is 1:0.00085, or 0.096 mol%).
Regarding claim 6, Bai discloses the limitations of claim 1. Bai further discloses wherein the nickel compound is added such that the mol% of nickel contained in the nickel compound is 0.02 mol% to 0.10 mol% based on the total number of moles of the metals contained in the positive electrode active material precursor ([0046]-[0047], Example 2, mass ratio of first sintered single crystal cathode material to coating agent nickel is 1:0.00085, or 0.096 mol%).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bai (CN 111628157 A).
Regarding claim 7, Bai discloses the limitations of claim 1. Bai further discloses wherein the primary firing temperature is performed at a temperature between 700°C and 1000°C ([0032], first sintering process temperature). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bai (CN 111628157 A) in view of Horikawa et al. (US 2021/0005887 A1, cited by Applicant in IDS filed on May 17, 2024, and hereinafter “Horikawa”).
Regarding claim 10, Bai discloses the limitations of claim 1. Bai does not disclose the method (C) forming a coating layer by mixing a coating element-containing raw material with the lithium transition metal oxide and heat-treating.
Horikawa discloses mixing a positive electrode active material 12 that is a lithium nickel cobalt manganese-based composite oxide ([0031]) with a second coating material that contains a titanium oxide ([0045]), followed by a firing treatment at a temperature of 200°C to 1000°C ([0056]-[0058] and Fig. 1).
Bai and Horikawa are considered to be analogous to the claimed invention because they are in the same field of methods for preparing cathode materials. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the final quasi-single crystal cathode material of Bai with the teachings of Horikawa, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would improve lithium ion insertion/extraction efficiency and low temperature output characteristics (Horikawa [0042]).
Claims 1-3 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Luo et al. (CN 112117454 A, machine translation relied upon herein, and hereinafter “Luo”).
Regarding claim 1, Luo discloses a method for preparing a positive electrode active material ([0013]), comprising: (A) mixing a positive electrode active material precursor containing 80 mol% or greater of nickel (Ni) in all metals with a lithium-containing raw material and then performing primary firing to prepare a primary fired product ([0014], [0017], and [0073], mixing lithium source and ternary precursor, specifically Example 2, Ni0.8Co0.1Mn0.1(OH)2, and performing a first sintering to obtain a substrate material); and (B) mixing the primary fired product and a nickel compound, and then performing secondary firing to prepare a lithium transition metal oxide ([0015]-[0016], mixing substrate material and doped amorphous coating agent containing nickel and performing a second sintering to produce ternary cathode material).
With regard to the limitation “wherein the nickel compound is added such that the mol% of nickel contained in the nickel compound is greater than 0.01 mol% to less than 0.15 mol% based on a total number of moles of the metals contained in the positive electrode active material precursor”, Luo further discloses that the doped amorphous coating agent includes NiaCobMncM1-a-b-c(OH)2, wherein 0 ≤ a ≤ 0.6, 0 ≤ b ≤ 1, 0 ≤ c ≤ 1, and 0 < a+b+c < 1 ([0017]), the doped amorphous coating agent is 0.05%-10% of the mass of the substrate material ([0037]), the M element accounts for 0.01%-99% of the total mass of the doped amorphous coating agent ([0034]), and the M element is one or more of Al, Ti, Zr, Mg, W, and Nb ([0065]). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 2, Luo discloses the limitations of claim 1. Luo further discloses wherein the positive electrode active material precursor has a composition represented by Formula 1-1, Nia1Cob1Mnc1 (OH)2, and 0.80 ≤ a1 < 1.0, 0 < b1 ≤ 0.20, 0 < c1 ≤ 0.20, 0 ≤ d1 ≤ 0.10, and a1+b1+c1+d1=1 ([0073], Example 2 with precursor Ni0.8Co0.1Mn0.1Al0.01(OH)2, d1=0).
Regarding claim 3, Luo discloses the limitations of claim 1. Luo further discloses wherein the nickel compound has an average particle diameter (D50) of less than 3 μm ([0038], particle size D50 of the doped amorphous coating agent is 10-2000 nm).
Regarding claim 7, Luo discloses the limitations of claim 1. Luo further discloses wherein the primary firing is performed at a temperature between 680°C and 950°C ([0022]-[0027], first sintering temperature). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 8, Luo discloses the limitations of claim 1. Luo further discloses wherein the secondary firing is performed at a temperature between 600°C and 850°C ([0040]-[0041], second sintering temperature). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 9, Luo discloses the limitations of claim 1. Luo further discloses wherein the secondary firing is performed at a temperature higher than that of the primary firing ([0022]-[0027] and [0040]-[0041], in the first sintering process, the temperature is first raised to 400-600°C, and then raised to 680-950°C, while in the second sintering process, the temperature is 600-850°C). It would have been obvious to one of ordinary skill in the art to select temperatures within these ranges such that a second sintering temperature greater than a first sintering temperature to produce the ternary cathode material.
Conclusion
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 14 August 2026
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