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 .
Summary
This is the initial Office Action based on Application 18/772,027 filed 07/12/2024 by Eunok oh, Yumi Song, and Jeuk Ha.
Claims 1-6 are currently pending and have been fully considered.
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.
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM (US 2019/0300382 A1) in view of SUHARA (US 2006/0263690 A1).
With respect to claim 1. KIM teaches a method of forming a lithium transition metal oxide represented by formula 1 prepared by mixing a precursor of Formula 2 and a lithium containing raw material (paragraph 0032). The precursor of Formula 2 may include Ni1-x2-y2-z2Cox2M1y2M2z2(OH)2 (paragraph 0032). The lithium containing raw material may include one of lithium carbonate (paragraph 0035) and is taken to be the claimed lithium salt. The prepared metal oxide is rinsed to remove lithium by products (paragraph 0036). The rinsed lithium transition metal oxide is subjected to a high temperature heat treatment (paragraph 0042). The high temperature heat treatment includes a temperature elevating section for performing the heat treatment while elevating the temperature, and a maintaining section (paragraph 0043). The high temperature heat treatment is performed to additionally remove lithium by-products but also to recrystallize metal elements in the active material through the high-temperature heat treatment (paragraph 0044). The high temperature elevating section is 20% of the high-temperature heat treatment time (paragraph 0045). The maintaining section may be 40-50% of the high-temperature heat treatment time (paragraph 0046). The elevating section is taken to be the first heat treatment under a rapid temperature, and the maintain section is taken to be the second heat treatment.
KIM does not explicitly teach Chemical Formula 1A. The Formula 2 of KIM teaches Cox2, where x2 is between 0 and 0.2 which overlaps the claimed y1 value. M1 then may include one of Mn and Al with a value of y2 which is between 0 and 0.2 (paragraph 0033). The value of z2 may be 0 in Formula 2 of Kim may be 0 (paragraph 0033). Therefore the value of M1 of KIM overlaps the choice for the M1 of the present claims, and further the range similarly overlaps with that of the claims. KIM then teaches the amount of the Ni is 1-x2-y2-z2 (paragraph 0033). Then 0<x2+y2+z2<=0.2 (paragraph 0033). Therefore the amount of the Ni overlaps with the claimed range of x1 between 0.9-0.98. The Formula 2 of KIM then is taken to overlap in range with the Chemical Formula 1A and 2A of the present claim. See MPEP 2144.05(I). In the case where the claimed ranges "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).
KIM does not explicitly teach mixing a compound of 1A and 2A, with compound 2A having a smaller particle size than compound 1A.
SUHARA teaches a process for producing a positive electrode active material (paragraph 0018). The process includes a mixture of particles of cobalt hydroxide having a D50 of 7-20 microns and a small particle size cobalt hydroxide with an average particle size D50 of 10-30% of the average particle size of the large particles (paragraph 0018). Having the mixture of the large particles of the cobalt hydroxide and smaller size cobalt hydroxide has the effect of improving the press density of the positive electrode (paragraph 0042).
At the time the invention was filed one having ordinary skill in the art would have been motivated to use the nickel cobalt hydroxide precursor of KIM to be in a first larger particle size and a second smaller particle size as taught by SUHARA, as SUHARA teaches the benefits of using the hydroxide precursor with the two particle size being an effect of improving the press density.
With respect to claim 2. KIM teaches the formation of the lithium transition metal oxide of Formula 1 (paragraph 0054). In Formula 1 has Lia, where a is between 1 and 1.5. Therefore the ratio of the Li to the other metals would be less than or equal to 0.99, based on the molar ratio of the Li to the other metals.
With respect to claim 3. SUHARA teaches the ratio of the first particles to the second particles is from ½ to 9/1 (paragraph 0013 and abstract). This is taken to be an overlapping range with the claimed amount oof compound 2A to Compound 1A and 2A. See MPEP 2144.05(I). In the case where the claimed ranges "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).
With respect to claim 4. KIM teaches the temperature elevating rate of the elevating section may be 2-6 degrees C/min (paragraph 0048).
With respect to claim 5. The elevating temperature is up to 600-900 degrees C (paragraph 0048). The total time of the high temperature heat treatment is within 10 hours (paragraph 0047) with 20% of that time being the rising temperature, which is the first heat treatment. The heat treatment is in an oxygen containing atmosphere (paragraph 0018).
With respect to claim 6. SUHARA teaches that the cobalt hydroxide particles are an agglomeration of needle primary particles (paragraph 0087).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. HONG (US 2020/0144602 A1) – HONG teaches a method of preparing a positive active material which includes mixing a compound 1A and a compound 2A having a smaller particle diameter and a lithium salt to prepare a mixture, a first heat treatment under a rapid temperature increasing condition to prepare a first fired product including a residual lithium, and a second heat treating the first product to prepare the active material (paragraph 0021).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571)272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
Prosecution Insights