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 Status
The claims filed on 09/10/2024 is entered and acknowledged by the Examiner. Claims 1-13 are currently pending in the instant application.
Priority
This application is a 371 of PCT/KR2023/004110 (filed on 03/28/2023). Acknowledgment is made of applicant’s claim for foreign priority based on an application filed in Republic of Korea on 03/31/2022.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 09/10/2024 is in compliance with the provisions of 37 CFR 1.97 and has been considered by the examiner. An initialed copy accompanies this Office Action.
Drawings
The drawings filed on 09/10/2024 have been considered.
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 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.
Claims 6 and 9 recite limitations within a parenthesis. It is unclear whether the limitations are part of the claims or not. Appropriate correction is required. To advance prosecution, the Examiner will assume that the limitations within the parenthesis are part of the instant claims.
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 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0211517 A1 (hereinafter Beck).
Regarding claims 1 and 10-13, Beck discloses a positive electrode material (cathode) for lithium rechargeable batteries having a formula Li1+xNi0.5Mn0.25Co0.25O2+(x/2) with peak ratio of 2Ɵ {003} peak at 19° (claim a peak intensity), 2Ɵ {101} peak at 38° (claim a peak intensity), and 2Ɵ {104} peak at 45° (claim a peak intensity) of 100:38.4:89.1 as recited in claims 10-13(See [0030]; Figure 17).
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The intensity ratio of Beck having c/(a+b) intensity ratio, i.e., 89.1/(100+38.4), of about 0.64 and is 0.6 or more as required in the instant claim 1.
Regarding claims 2-4, Beck’s positive electrode material has a lithium transition metal oxide formula, i.e., Li1+xNi0.5Mn0.25Co0.25O2+(x/2) (See [0030]).
Regarding claim 5-8, Beck discloses that the positive electrode material Li1+xNi0.5Mn0.25Co0.25O2+(x/2) contains 0≤x≤0.25 (See [0007]).
Regarding claim 9, Beck discloses that the positive electrode material having full-width X-ray diffraction (XRD) within the claimed ranges. Therefore, the half-width X-ray diffraction (XRD) of the positive electrode material will be within the claimed range of 0.50 or more as claimed.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 100595948 (hereinafter Huang).
Regarding claim 1, Huang discloses a hydrogen storage alloy particle (claimed precursor particle) useful as negative electrode for a nickel-hydrogen secondary battery having a formula Nd1-xMgxNiyAlz where 0.08<x<0.15, 3.2<y<3.9, and 0.1<z<0.4 (See Abstract). The hydrogen storage alloy particle of Huang comprises at least one transition metal as required in the instant claim. Huang discloses that the hydrogen storage alloy particle having an XRD diffraction pattern as follows (See Figure 3):
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The XRD diffraction pattern having an intensity peak of 2Ɵ range of about 22°-30° with a highest peak at about 10% relative intensity (claimed a peak intensity), an intensity peak of 2Ɵ range of about 32°-40° with a highest peak at about 35% relative intensity (claimed b peak intensity), and an intensity peak of 2Ɵ range of about 42°-46° with a highest peak at about 100% relative intensity (claimed c peak intensity). The intensity ratio of Huang having c/(a+b) intensity ratio, i.e., 100/(10+35), of about 2.22 and is 0.6 or more as required in the instant claim.
The reference specifically or inherently meets each of the claimed limitations in their broadest interpretations. The reference is anticipatory.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KHANH TUAN NGUYEN whose telephone number is (571)272-8082. The examiner can normally be reached M-F 9:00 AM to 5:00 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, Angela Brown-Pettigrew can be reached at (571) 272-2817. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KHANH T NGUYEN/Primary Examiner, Art Unit 1761
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