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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claim 1-10,15 and 16 in the reply filed on 6/15/2026 is acknowledged.
Claim Interpretation
The Examiner notes that the P2 and O3 type layered oxide particles of Claim 1 necessarily contain sodium as the ratio of sodium surface content by SEM-EDS measurement indicates non-zero values.
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 6,8 and 9 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.
Claim 6 recites the limitation "M" in lines 2 and 4. Applicants are suggested to include a definition for the term.
Claim 8 recites the limitation "x" in line 2. Applicants are suggested to include a definition for the term.
Claim 9 recites the limitation "TTS" in line 2. Applicants are suggested to define the acronym on the first use of the term.
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.
(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.
Claim(s) 1,2,5-10,15 and 16 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by WO 2015/177544 (WO ‘544).
As to Claims 1 and 2, WO ‘544 discloses a mixture of precursor compounds having both O3 and P2 type phases wherein one example discloses 1:1 precursor mixture of said sodium containing mixed oxides (pg. 13, lines 1-4). The components are mixed and then fired at temperatures of 400 to 1500 deg C (pg. 23, lines 10-20) to form an electrode material.
However, WO ‘544 fails to disclose the specific surface sodium content ratio as measured by SEM-EDS as required by claim 1.
As to the difference, the Examiner respectfully submits the prior art electrode material would display similar properties due the similarity of the prior art precursor materials and prior art processing methods as compared to that of the instant claims.
As to Claim 5, the P2 material has a formula of Na0.67Ni0.300Mn0.600Mg0.033Ti0.067O2 and the O3 material has a formula of NaNi0.33Mn0.33Mg0.167Ti0.167O2 (pg. 13, lines 1-4) which corresponds the Chemical Formula 1 and 2 of the instant claim.
As to Claim 6, see discussion of Claim 5 above where the Examiner construes M to be total stoichiometric amount of metals in the compound and the amounts of sodium to other metals would fall within the claimed ranges.
As to Claim 7, see discussion of Claim 1 where the P2 and O3 material are added in 1:1 ratios.
As to Claims 8-10, see discussion of inherency analysis in Claim 1 above where the property claimed would be inherent due to the similarity of the prior art product and process of making to those of the instant claims.
As to Claims 15 and 16, Claims 8-10 in WO ‘544 disclose electrode and battery embodiments of the prior art material of Claim 1.
Allowable Subject Matter
Claims 3 and 4 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.
Specifically, none of the prior art discloses the specific atomic concentrations of sodium as required by the claim nor is there any teaching, suggestion or motivation to arrive at the claimed limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAISON P THOMAS whose telephone number is (571)272-8917. The examiner can normally be reached Monday to Friday, 9:00 am-3:30 pm 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 (571) 270-7733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.P.T/Examiner, Art Unit 1762
/jt/ 7/17/2026
/MARK KOPEC/Primary Examiner, Art Unit 1762
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