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 § 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 1-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Park et al. (KR2020/0055674, “Park”).
With respect to claim 1 and claim 5:
Park discloses a positive electrode active material for a lithium secondary battery (see paragraph 0001). Park discloses that the positive electrode active material comprises of nickel (Ni) and cobalt (Co) (see paragraph 0081). Park discloses that the nickel is present in an amount of 85 mol% or more (see paragraphs 0081-0082) and therefore the ratio of a number of moles of the nickel atoms to a total number of moles of metal atoms other than lithium is 0.85 or more. Given that Park discloses positive electrode material identical to that presently claimed, it is clear that the positive electrode material would necessarily inherently exhibit identical disorder of lithium as presently claimed.
With respect to claim 2:
Park discloses that the lattice constant of an a-axis in the crystal structure of the positive electrode active material is 2.875 x 10-10 m (see paragraph 0201, Table 6).
With respect to claim 3:
Park discloses that the lattice constant of a c-axis in the crystal structure of the positive electrode active material is 14.31773 x 10-10 m (see paragraph 0201, Table 6).
With respect to claim 4:
Park discloses that the cobalt is present in an amount of 5-7.5 mol% (see paragraph 0082) and therefore, the ratio of a number of moles of the cobalt atoms to a total number of moles of metal atoms other than lithium is 0.05-0.075.
With respect to claim 6:
Park discloses that the manganese is present in an amount of 5-7.5 mol% (see paragraph 0082) and therefore, the ratio of a number of moles of the manganese atoms to a total number of moles of metal atoms other than lithium is 0.05-0.075.
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.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR2020/0055674, “Park”).
With respect to claim 7:
Park discloses positive electrode active material as set forth above.
Park discloses that the aluminum molar ratio to total moles of metal atoms other than lithium is greater than 0 and less than 0.02 (see paragraph 0054). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use amount of aluminum, including that presently claimed, in Park and thereby arrive at the claimed invention.
With respect to claim 8:
Park discloses positive electrode active material as set forth above.
Park discloses that the BET specific surface area of the particles making up the positive electrode active material is between 0.15 m2/g to 0.6 m2/g (see paragraph 0079). As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose an amount of specific surface area, including that presently claimed, in Park and thereby arrive at the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSH J ZACHARIA whose telephone number is (571)272-0580. The examiner can normally be reached Mon - Fri 0800-1700.
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/Joshua J Zacharia/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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