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 (Claims 1-8 and 13) in the reply filed on May 28, 2026, is acknowledged.
Claims 9-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II (Claims 9-12), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 28, 2026.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), which papers have been placed of record in the file.
Information Disclosure Statement
5. Information disclosure statements (IDS), submitted December 17, 2024; September 1, 2025; and, March 11, 2026, have been received and considered by the examiner.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 2-4 and 7 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.
The term “preferably” in Claims 2-4 and 7, creates ambiguity about whether the claimed feature is truly optional.
Claim Rejections - 35 USC § 103
8. 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 (i.e., changing from AIA to pre-AIA ) 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.
9. 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.
10. 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.
11. Claims 1-8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al. (CN111969200A) in view of He et al. (US 2023/0119115 A1).
With regard to Claims 1-2, Xie et al. disclose a nickel-cobalt-manganese ternary cathode material, wherein: the cathode material has a microscopic residual stress measured by X-ray Diffraction (XRD) and ranging from 0.15-0.3 (paragraph 0009), which meets the claimed limitation of 0.01 to 0.15, more specifically 0.03 to 0.15; and a grain diameter R of 200 nm-300 nm (paragraph 0009). Xie et al. do not specifically disclose wherein the cathode material has an average diameter D measured by scanning electron microscope (SEM), where D/R ranges from 1.4 to 2.5, more specifically 1.4 to 2.
He et al. disclose a lithium nickel cobalt manganese positive electrode active material matric and a coating layer coating a surface of the positive electrode active material matrix (paragraph 0056). He et al. disclose wherein the positive electrode active material matrix has an average particle size D of 100 nm-1000 nm (paragraphs 0056, 0068). Therefore, in combination with Xie et al. the cathode material would have a D/R in the range of from 1.4 to 2.5, more specifically 1.4 to 2.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the cathode material of Xie et al. to include a cathode material having an average diameter D, because He et al. teach that this material matrix has an improved structural stability, as well as, improved energy density, cycling performance and rate performance (paragraph 0057).
With regard to Claim 3, Xie et al. disclose wherein the grain diameter R of the cathode material ranges from 200 nm- 300 nm (paragraph 0009); the cathode material has a median particle size D50 ranging from 7 µm to 15 µm (paragraph 0012); and a content of disordering nickel in the cathode material of 0 wt%. Xie et al. do not specifically disclose wherein the average diameter D of the cathode material ranges from 1 µm to 3 µm.
He et al. a lithium nickel cobalt manganese positive electrode active material matric and a coating layer coating a surface of the positive electrode active material matrix (paragraph 0056). He et al. disclose wherein the positive electrode active material matrix has an average particle size D of 100 nm-1000 nm (paragraphs 0056, 0068). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the cathode material of Xie et al. to include a cathode material having an average diameter D of from 1 µm to 3 µm, because He et al. teach that this material matrix has an improved structural stability, as well as, improved energy density, cycling performance and rate performance (paragraph 0057).
With regard to Claim 4, Xie et al. disclose wherein the grain diameter R of the cathode material ranges from 200 nm- 300 nm (paragraph 0009); and a content of disordering nickel in the cathode material of 0 wt%. Xie et al. do not specifically disclose wherein the average diameter D of the cathode material ranges from 1.5 µm to 2 µm.
He et al. a lithium nickel cobalt manganese positive electrode active material matric and a coating layer coating a surface of the positive electrode active material matrix (paragraph 0056). He et al. disclose wherein the positive electrode active material matrix has an average particle size D of 100 nm-1000 nm (paragraphs 0056, 0068). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the cathode material of Xie et al. to include a cathode material having an average diameter D of from 1.5 µm to 2 µm, because He et al. teach that this material matrix has an improved structural stability, as well as, improved energy density, cycling performance and rate performance (paragraph 0057).
With regard to Claim 5, He et al. disclose a positive electrode active material matrix of Li1+a[NixCoyMnzMb]O2, where 0<x<1, 0≤y<0.3, 0≤z<0.3, 0<a<0.2, 0<b<0.2, x+y+z+b=1, wherein M is selected from one or more of Mg, Ca, Sb, Ce, Ti, Zr, Al, Zn and B (paragraph 0056), which meets the claimed composition represented by Formula I: Li1+aNixMnyCozGbO2, where and G is selected from at least one of W, V, Ta, Zr, La, Ce, Er, Si, Al, Mg and Y; and a coating layer coated on the matrix, where wherein the coating layer comprises a lithium oxide compound containing element cobalt and/or an oxide containing element cobalt; optionally, the coating layer further comprises a lithium oxide compound containing element M and/or an oxide containing element M, where M is selected from at least one of B or Al (paragraph 0056).
With regard to Claim 6, He et al. do not specifically disclose wherein a molar amount of element cobalt n'(Co) in the coating layer, a molar amount of element M n(M) in the coating layer, and a total molar amount of metal elements other than Li [n(Ni)+n(Co)+n(Mn)+n(G)] in the matrix satisfy: 0.001≤n’(Co):[n(Ni)+n(Co)+n(Mn)+n(G)]≤0.05; and 0≤n(M):[n(Ni)+n(Co)+n(Mn)+n(G)]≤0.05. Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to use the specified dimensions and compositions, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05.
With regard to Claim 7, He et al. disclose wherein the cathode material has a residual alkali content of element cobalt, element aluminum, and element boron ranging from 1,000 to 22,000 ppm (paragraph 0062), which meets the claimed limitation of 1,000 ppm to 10,000 ppm, and preferably, from 1,000 ppm to 6,000 ppm.
With regard to Claim 8, He et al. disclose wherein the cathode material has a residual alkali content of element cobalt, element aluminum, and element boron ranging from 1,000 to 22,000 ppm (paragraph 0062), which meets the claimed limitation of when 0.5≤x<0.8, the residual alkali content of the cathode material ranges from 1,000 ppm to 3,000 ppm; or when 0.8≤x<1, the residual alkali content of the cathode material ranges from 4,000 ppm to 6,000 ppm.
The recitation, “when 0.5≤x<0.8, the residual alkali content of the cathode material ranges from 1,000 ppm to 3,000 ppm; or when 0.8≤x<1, the residual alkali content of the cathode material ranges from 4,000 ppm to 6,000 ppm”, is considered a contingent limitation. A contingent limitation requires only those limitations that must be performed and does not include limitations or given patentable weight to limitations that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04.
With regard to Claim 13, Xie et al. disclose a lithium-ion battery, comprising a nickel-cobalt-manganese ternary cathode material, wherein: the cathode material has a microscopic residual stress measured by X-ray Diffraction (XRD) and ranging from 0.15-0.3 (paragraph 0009), which meets the claimed limitation of 0.01 to 0.15; and a grain diameter R of 200 nm-300 nm (paragraph 0009). Xie et al. do not specifically disclose wherein the cathode material has an average diameter D measured by scanning electron microscope (SEM), where D/R ranges from 1.4 to 2.5.
He et al. disclose a lithium nickel cobalt manganese positive electrode active material matric and a coating layer coating a surface of the positive electrode active material matrix (paragraph 0056). He et al. disclose wherein the positive electrode active material matrix has an average particle size D of 100 nm-1000 nm (paragraphs 0056, 0068). Therefore, in combination with Xie et al. the cathode material would have a D/R in the range of from 1.4 to 2.5.
Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the cathode material of Xie et al. to include a cathode material having an average diameter D, because He et al. teach that this material matrix has an improved structural stability, as well as, improved energy density, cycling performance and rate performance (paragraph 0057).
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM 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, Nicole Buie-Hatcher can be reached at 571-270-3879. 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.
/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725
Prosecution Insights