DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Claim 33 is objected to because of the following informalities: the limitation “ the mixed niobium oxide a BET surface area” in lines 1-2 includes a grammatical error. For the purpose of this Office Action, the limitation has been interpreted as “ the mixed niobium oxide has a BET surface area”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1-4, 11-13, 17-19, 21, 26, 37-39, 42, and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goodenough et al. (US 2012/0052401) as cited in IDS dated 2/28/25 in view of Pekhtereva et al., “Search for ternary oxides of sodium, iron(III), and niobium (V)”, Zhurnal neorganicheskoi Khimii, 1999 Jan 1; 44(2):290-4 as cited in IDS dated 8/2/24.
Regarding claim 1, Goodenough discloses an electrode (anode [0043]) comprising a mixed niobium oxide as an active electrode material([0043], [0049]), wherein the electrode is of the form of an electrode composition in electrical contact with a current collector([0057]), where the electrode composition comprises the mixed niobium oxide([0049]), a lithium ion secondary with an anode containing a niobium oxide may operate based on a Li insertion/extraction process at 1.1-1.6 V versus Li+/Li0 that is fully reversible([0059]). Continuing with claim 1, Goodenough discloses such a battery may be capable of fast charge and discharge rates ([0059]) but does not explicitly disclose wherein the mixed niobium oxide has the formula MI x-uMy (x/(5-y)) MV zNb100-(x/(5-y))-zO250-u/2, wherein: MI is a cation having an oxidation state of 1, wherein MI is selected from Li, Na, K, and mixtures thereof; My is a cation having an average oxidation state of y, wherein My is selected from Li, Na, K, Cu, Zn, Mg, Ca, Ni, Fe, Mn, Co, Cr, V, Al, B, Ga, Sc, Y, In, La, Yb, Ce, Zr, Ti, Sn, Ge, Si, P, Ta, W, Mo, and mixtures thereof; MV is a cation having an average oxidation state of 5, wherein MV is selected from Mn, Fe, Al, Ga, Y, In, La, Yb, Cu, Zn, Mg, Ni, Co, Ca, Ce, Zr, Ti, Sn, Ge, Si, V, P, Ta, W, Mo, Cr, and mixtures thereof; 1≤y≤4; 0.5≤x≤6; 0≤z≤10; 0≤u≤5;x>u.
Pekhtereva teaches new ternary oxides and refining the crystallochemical criteria for the formation of structures that ensure the mobility of cations (p. 1, lines 14-15). Pekhtereva teaches
formula MI x-uMy (x/(5-y)) MV zNb100-(x/(5-y))-zO250-u/2, wherein: MI is a cation having an oxidation state of 1, My is a cation having an average oxidation state of y, MV is a cation having an average oxidation state of 5, 1≤y≤4; 0.5≤x≤6; 0≤z≤10; 0≤u≤5; x>u ( 2Na2O•Fe2O3•49Nb2O5 (Table 1 header) which equals the compound Na4Fe2Nb98O250, with MI = Na, My = Fe, u=z=0, x=4, and y=3.
It would have been obvious to one of ordinary skill in the art to include in the mixed niobium oxide of Goodenough, the mixed niobium oxide has the formula MI x-uMy (x/(5-y)) MV z Nb100-(x/(5-y))-z O250-u/2, wherein: MI is a cation having an oxidation state of 1, My is a cation having an average oxidation state of y, MV is a cation having an average oxidation state of 5, 1≤y≤4; 0.5≤x≤6; 0≤z≤10; 0≤u≤5; x>u as taught by Pekhtereva in order to ensure the mobility of cations.
Regarding claim 2, modified Goodenough discloses My is selected from Fe (Pekhtereva, Table 1).
Regarding claim 3, modified Goodenough discloses y is 3 (Pekhtereva, Table 1).
Regarding claim 4, modified Goodenough discloses all cations forming My have the same oxidation state (Pekhtereva, Table 1).
Regarding claim 11, modified Goodenough discloses the mixed niobium oxide has the formula MI x-uMIII x/2MV zNb100-x/2-zO250-u/2, wherein: MIII is a cation having an average oxidation state of 3 (Pekhtereva, Table 1, header).
Regarding claim 12, modified Goodenough discloses all cations forming MIII have an oxidation state of 3 (Pekhtereva, Table 1, header).
Regarding claim 13, modified Goodenough discloses MIII is selected from Fe (Pekhtereva, Table 1, header).
Regarding claim 17, modified Goodenough discloses x is 4 (Pekhtereva, Table 1, header).
Regarding claim 18, modified Goodenough discloses u=0 (Pekhtereva, Table 1, header).
Regarding claim 19, modified Goodenough discloses x≥ u+1 (4 ≥ 0 + 1, Pekhtereva, Table 1, header).
Regarding 21, modified Good enough discloses My does not contain Li, or wherein the mixed niobium oxide does not contain Li(Pekhtereva, Table 1, header).
Regarding claim 26, modified Goodenough discloses 0≤z≤5 (Pekhtereva, Table 1, header).
Regarding claim 37, modified Goodenough discloses the mixed niobium oxide has a monoclinic crystal structure having unit cell parameters a=25.7-31.4 Å, b=3.4-4.2 Å, c=15.8-19.3 Å, α=90°, B=112.6-137.6°, γ=90° (Pekhtereva, Table 2).
Regarding claim 38, modified Goodenough discloses the crystal structure of the mixed niobium oxide corresponds to the crystal structure of N—Nb2O5 (Pekhtereva, Table 2, header).
Regarding claim 39, modified Goodenough discloses the mixed niobium oxide forms at least 5 wt. %, 10 wt. %, or 50 wt. % of the total active electrode material in the electrode; or wherein the mixed niobium oxide is the sole active electrode material in the electrode (Goodenough [0056]).
Regarding claim 42, modified Goodenough discloses a metal-ion battery comprising the electrode of claim 1 (Goodenough [0042]).
Regarding claim 43, modified Goodenough discloses the niobium oxide may provide increased energy density and/or power capability, together with improved safety(Goodenough [0047]) but does not explicitly disclose a lithium-ion battery having a reversible anode active material specific capacity of greater than 180 mAh/g at 20 mA/g, wherein the battery can be charged and discharged at current densities relative to the anode active material of 200 mA/g or more, or 1000 mA/g or more, or 2000 mA/g or more, or 4000 mA/g or more whilst retaining greater than 70% of the initial cell capacity at 20 mA/g.
It would have been obvious to one of ordinary skill in the art to provide the lithium ion battery of modified Goodenough with a reversible anode active material specific capacity of greater than 180 mAh/g at 20 mA/g, wherein the battery can be charged and discharged at current densities relative to the anode active material of 200 mA/g or more, or 1000 mA/g or more, or 2000 mA/g or more, or 4000 mA/g or more whilst retaining greater than 70% of the initial cell capacity at 20 mA/g in order to balance increased energy density and/or power capability and safety, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP §2144.05 (II-A).
5. Claim(s) 32 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goodenough et al. (US 2012/0052401) as cited in IDS dated 2/28/25 in view of Pekhtereva et al., “Search for ternary oxides of sodium, iron(III), and niobium (V)”, Zhurnal neorganicheskoi Khimii, 1999 Jan 1; 44(2):290-4 as cited in IDS dated 8/2/24 as applied to claim 1 above, and further in view of Naito et al. (US 2015/0333322).
Regarding claim 32, modified Goodenough does not explicitly disclose the mixed niobium oxide has a D50 particle diameter in the range of 0.1-100 μm, or 0.5-50 μm, or 1-20 μm.
Naito teaches the particles of the titanium-niobium composite oxide, that is, the primary particles, preferably have an average particle size of 10 nm to 100 μm([0064]). Naito teaches titanium-niobium composite oxide particles whose primary particles have an average particle size of 10 nm or more can be handled easily, in terms of industrial production([0064]). Naito teaches the titanium-niobium composite oxide particles whose primary particles have an average particle size of 100 μm or less can more smoothly diffuse lithium ions in the titanium-niobium composite oxide solid ([0064]).
It would have been obvious to one of ordinary skill in the art to provide the mixed niobium oxide of modified Goodenough with a D50 particle diameter in the range of 0.1-100 μm, or 0.5-50 μm, or 1-20 μm in order to balance easy handling and more smoothly diffuse lithium ions as taught by Naito, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP §2144.05 (II-A).
Regarding claim 33, modified Goodenough does not explicitly disclose the mixed niobium oxide has a BET surface area in the range of 0.1-100 m2/g, or 0.2-50 m2/g, or 0.5-20 m2/g. Naito teaches the particles of the titanium-niobium composite oxide preferably have a specific surface area of 0.5 m2/g to 50 m2/g or less ([0066]). Naito teaches the titanium-niobium composite oxide particles having a specific surface area of 0.5 m2/g or more can provide sufficient absorbing and desorbing sites for lithium ions([0066]). Naito teaches the titanium-niobium composite oxide particles having a specific surface area of 50 m2/g or less can be handled easily, in terms of industrial production([0066]).
It would have been obvious to one of ordinary skill in the art to provide the mixed niobium oxide of modified Goodenough with a BET surface area in the range of 0.1-100 m2/g, or 0.2-50 m2/g, or 0.5-20 m2/g in order to balance sufficient absorbing and desorbing sites for lithium ions and easy handling as taught by Naito, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP §2144.05 (II-A).
6. Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goodenough et al. (US 2012/0052401) as cited in IDS dated 2/28/25 in view of Pekhtereva et al., “Search for ternary oxides of sodium, iron(III), and niobium (V)”, Zhurnal neorganicheskoi Khimii, 1999 Jan 1; 44(2):290-4 as cited in IDS dated 8/2/24 as applied to claim 1 above, and further in view of Cava et al., “Lithium Insertion in Wadsley-Roth Phases Based on Niobium Oxide”, J. Electrochem. Soc., 1983; 130(12):2345-51.
Regarding claim 36, modified Goodenough does not explicitly disclose the mixed niobium oxide has a Wadsley-Roth block structure comprising 4×4 octahedral blocks.
Cava teaches Wadsley-Roth class of crystallographic shear structures in chemical systems based on Nb2O5 to undergo lithium insertion reactions at ambient temperature to stoichiometries of 0.4 to 1.4 Li per host metal on reaction with n-BuLi (abstract). Cava teaches disclose the mixed niobium oxide has a Wadsley-Roth block structure comprising 4×4 octahedral blocks(Table 1).
It would have been obvious to one of ordinary skill in the art to provide the mixed niobium oxide of modified Goodenough with a Wadsley-Roth block structure comprising 4×4 octahedral blocks as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Allowable Subject Matter
7. Claims 6, 8-10, 14-16, 20, 24, 25, 30, and 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
8. The following is a statement of reasons for the indication of allowable subject matter: the invention in independent claim 22 is directed to an electrode comprising a mixed niobium oxide as an active electrode material, wherein the mixed niobium oxide has the formula BaMv zNb100-a-zO250-a, wherein MV is a cation having an average oxidation state of 5, wherein MV is selected from Mn, Fe, Al, Ga, Y, In, La, Yb, Cu, Zn, Mg, Ni, Co, Ca, Ce, Zr, Ti, Sn, Ge, Si, V, P, Ta, W, Mo, Cr, and mixtures thereof; 0≤z≤10; 0<a≤8.
The prior art of Chen (US2013/0045437) discloses an electrode comprising a mixed niobium oxide as an active electrode material(claim 11), wherein the cathode comprises Ba0.9Co0.7Fe0.2Nb0.1O3−δ (claim 11) but does not disclose, teach or render obvious wherein the mixed niobium oxide has the formula BaMv zNb100-a-zO250-a, wherein MV is a cation having an average oxidation state of 5, wherein MV is selected from Mn, Fe, Al, Ga, Y, In, La, Yb, Cu, Zn, Mg, Ni, Co, Ca, Ce, Zr, Ti, Sn, Ge, Si, V, P, Ta, W, Mo, Cr, and mixtures thereof; 0≤z≤10; 0<a≤8.
9. The following is a statement of reasons for the indication of allowable subject matter: the invention in independent claim 27 is directed to an electrode comprising a mixed niobium oxide as an active electrode material, wherein the mixed niobium oxide has the formula MbNb100-bO250-2.5b+bc, wherein M is a cation selected from P, B, W, Mo, V, Ti, Si, and mixtures thereof; c is half of the average oxidation state of M; 1.5≤c≤3; and 0.5<b≤6.
The prior art of Ding et al., “Niobium-based Oxide Anodes toward Fast and Safe Energy Storage”, Mater. Today Nano, 2020; 11:100082 as cited in IDS dated 8/2/24 discloses an electrode comprising a mixed niobium oxide as an active electrode material(p. 30-35), but does not disclose, teach or render obvious wherein the mixed niobium oxide has the formula MbNb100-bO250-2.5b+bc, wherein M is a cation selected from P, B, W, Mo, V, Ti, Si, and mixtures thereof; c is half of the average oxidation state of M; 1.5≤c≤3; and 0.5<b≤6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
