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
This application claims priority to KOREA 10-2023-0177463 (filed 12/08/23).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Amendment(s)
The Preliminary Amendment filed 10/14/24 is entered.
Claims 1-20 are pending.
Drawings
The Drawings filed 08/06/24 are approved by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-11, 19-20) in the Reply filed 05/21/26 is acknowledged.
Information Disclosure Statement
The IDS statements filed 08/06/24 and 04/22/25 have been considered. Initialed copies accompany this action.
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 1-11 and 19-20 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.
In independent claim 1, the limitation “…wherein the ratio of the first composition to the second composition is greater than 100” is indefinite in that it is unclear if such refers to mole ratio, weight ratio, or something else. The instant specification discloses that the compounds present on the surface of the first particle and second particle may be different (para 0063 of instant PGPUB 2025/0192152 A1). Therefore the “ratio” results would be different depending on the measurement method (e.g. mol vs weight). It appears from para 0061 of the instant PGPUB that either EDX or SEM-EDS are utilized for the ratio measurements, but the instant claims fail to specify the specific property. Clarification is required.
Allowable Subject Matter
Claim Construction
The examiner notes applicant’s definition of the claim terminology “particle diameter” at pare 0042 (instant PGPUB) (i.e. D50).
With respect to the prior art, CN 109065858A discloses surface modified positive electrode materials (Abstract). The materials comprise ternary Li/TM/O materials coated with yttria-stabilized zirconia (YSZ) (page 2 of English language translation). Yamazaki et al US 2023/0299280 A1 discloses positive electrode materials for a secondary battery (Abstract). The materials comprise LiMO2 particle, which may have YSZ on the surface (para 0064; 0071-0072). The reference additionally teaches that the active materials having two different particle diameters may be utilized (0106).
The references, however, do not disclose or fairly suggest the instant limitation relating to the Y content (ratio) present on the smaller first particles and the larger second particles.
The remaining references cited on forms PTO-892 and PTO-1449 are considered cumulative to the prior art discussed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK T KOPEC whose telephone number is (571)272-1319. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at 5712707733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK KOPEC/Primary Examiner, Art Unit 1762
MK
August 8, 2026
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