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 10-2024-0028285 (filed 02/27/24).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The Drawings filed 08/12/24 are approved by the examiner.
Amendment(s)
The Preliminary Amendment filed 06/01/26 is entered.
Claims 1-19 and 21 are pending.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-5, 18, 19 and 21 in the Reply filed 06/01/26 is acknowledged.
Note that the species requirement imposed 04/01/26 is hereby withdrawn in view of applicant’s amendment and remarks.
Information Disclosure Statement
The IDS statement filed 08/12/24 has been considered. An initialed copy accompanies this action.
Claim Rejections - 35 USC § 102 and/or 103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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 Interpretation
The examiner notes applicant’s definition of the claim terminology “pre-lithiated” at para 0032 of instant PGPUB 2025/0273651 A1 (i.e. lithium added to the anode material prior to cell assembly). Additionally, note that the examiner construes the claim terminology “complex” to include both compounds (e.g. Li2+1MnSi1-xALxO4) and mixtures of compounds (e.g. L12MnSiO4/AL2O3).
Claim(s) 1, 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by either Ndipingwi et al (Batteries & Supercaps 2018), Deng et al (JEC 2014), or Duncan et al (ECS Meetings 2010).
Ndipingwi et al (Batteries & Supercaps 2018) discloses positive electrode materials comprising Li2MnSiO4/Al2O3 (Abstract; page 224 left hand column).
Deng et al (JEC 2014) discloses positive electrode materials comprising Li2MnSiO4 nanoparticles doped with V, Cr or Al (Abstract; page 151 left hand column).
Duncan et al (ECS Meetings 2010) discloses positive electrode materials comprising Li2+1MnSi1-xAlxO4 (Abstract).
Each of the above disclosures meet the instant requirement of “pre-lithiated silicon oxide containing complex containing Al”.
The references are anticipatory.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
Claims 2-5 and 21 are allowed.
The above prior art does not fairly suggest or possess with inherent certainty the instant claims combination of compounds, XRD peaks, or MAS-NMR frequencies requires in these dependent claims.
The remaining prior art cited on forms PTO-1449 and PTO-892 are considered cumulative to the prior art above.
Conclusion
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
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, 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 10, 2026
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