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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/03/2026 has been entered.
Response to Amendment
This is a non-final Office action in response to Applicant’s remarks and amendments filed on 02/03/2026. Claims 9 – 10 and 12 are canceled. Claims 11 and 17 – 18 remain withdrawn. Claims 1 – 2, 4 – 10, and 12 – 16 are pending in the current Office action.
The 35 U.S.C. rejections set forth in the previous Office action are withdrawn. A new grounds of rejection necessitated by applicant’s amendment is presented below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and the limitation regarding the concentration metal gradient have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, the new grounds of relies on Zhang (CN112624207A) to render obvious the claimed concentration gradient.
Applicant's arguments regarding the teaching of Nam, filed 02/03/2026, have been fully considered but they are not persuasive. Specifically, applicant argues that the combination of Ahn and Nam, relied upon to teach the claimed boron-containing coating layer, is improper because Nam is not directed to an OLO (over-lithiated layered oxide} and one with ordinary skill in the art would not reasonably be motivated to apply a coating for a non-OLO material to an OLO material.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Ahn teaches a positive electrode active material that is a lithium manganese-based oxide that, based on Figs. 3A and 4 appears to be in the form a secondary particle comprises of a plurality of primary particles (Ahn: [0052 – 0054];[0110]). Nam teaches a positive electrode active material comprising lithium metal oxide particles in the form of secondary particles including primary particles and further teaches coating the primary particles with a boron compound in order to improve the output characteristics of the materials of the active material by forming a path for lithium ions to move through boundaries between primary articles (Nam: [0026];[0032];[0039]). Therefore the benefit taught to be achieved by Nam’s coating appears relevant/generic to lithium composite metal oxide positive electrode active materials in the form secondary particles, which Ahn generally teaches, and thus, seems to properly support prima facie obviousness [See MPEP2123(I)].
Claim Rejections - 35 USC § 103
Claim(s) 1 – 2 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US PG Pub. 2016/0336594 A1, cited in previous Office action mailed 11/06/2025), as evidenced by Yamamoto (US PG Pub. 2012/0217435 A1, cited in previous Office action mailed 11/06/2025), and in view of OH (US PG Pub. 2011/0311872 A1), Modeki (US PG Pub. 2013/0327979 A1, cited in previous Office action mailed 11/06/2025), and Zhang (CN112624207A, Machine translation provided). {Examiner Note: For citations of the instant specification the Examiner utilizes the US PG. Pub. version of the instant app: US 2025/0192169 A1)
Regarding Claim 1, Ahn discloses a lithium secondary battery using a positive electrode active material comprising a lithium manganese-based oxide ([0052 – 0054];[0110]).
Ahn teaches that the positive electrode active material may be a composite with a layered structure or solid solution, and further specifically teaches an exemplary embodiments where the lithium manganese-oxide has a structure in which a LiM’O2 phase and a Li2MO3 phase are intermixed ([0056]).
For a lithium manganese-based oxide active material, Yamamoto teaches that LiMxMn1-xO2 wherein M is Ni and/or Co; 0 < x ≤ 1 has a crystal system belonging to a space group of R-3m and Li2M′(1-y)MnyO3 wherein M′ is Ni and/or Co; 0 < y ≤ 1 has a crystal system belonging to a space group of C2/m ([0029 – 0032];[0053]).
By including a phase that corresponds to a crystal system belonging to a space group of R-3m {i.e. LiM’O2} intermixed with a phase that corresponds a crystal system belonging to a space group of C2/m {i.e. Li2MO3}, one with ordinary skill in the art would reasonably expect the active material of Ahn to necessarily and inherently have a phase belonging to a C2/m space group {i.e. Li2MO3} and a phase belonging to an R-3m space group {i.e. LiM’O2} that are complexed.
In one exemplary embodiment, the lithium manganese-based oxide is particularly represented by xLi2MnO3-(1−x)LiNiaCobMncO2 where 0<x<1, 0<a<1, 0<b<1, 0<c<1, and a+b+c=1 (Formula 2; [0058 – 0059]); therefore, Ahn discloses a lithium manganese-oxide that overlaps the scope of the claimed Chemical Formula 1-1: rLi2MnO3-b’’X’b’’·(1−r)Lia’M1X’M2y’O2-b’Xb’. That is, in Ahn, M1 is Ni and Mn, which is within the claimed scope of at least one selected from Ni and Mn, M2 is Co, which is within the claimed selection of metals, and M2 does not overlap with M1. Furthermore, in Formula 2 of Ahn, there is no halogen corresponding to X and X’; thus, Formula 2 of Ahn is within the claimed scope of Chemical Formula 1-1 where b’ = 0 and b’’ = 0, which are within the claimed ranges of 0 ≤ b’ ≤ 0.1 and 0 ≤ b’’ ≤ 0.1. The corresponding a’ subscript in Ahn is equal to 1 ([0058 – 0059]), which is within the claimed range 0 < a’ ≤ 1. The corresponding x’ {i.e. “a” and “c” in Formula 2} and y’ {“b” in Formula 2} subscripts of Ahn are within the range of greater than 0 and less than 1 and have a sum of 1 ([0059]), and thus are within the claimed ranges of 0 < x’ ≤ 1, 0 < y’ < 1, and 0 < x’ + y’ ≤ 1. The corresponding r subscript in Ahn is taught to be within the range of greater than 0 and less than 1 ([0059]), which encompasses the claimed range of 0 < r ≤ 0.7.
Modeki teaches a lithium manganese-based positive electrode material with a formula of xLi4/3Mn2/3O2+(1−x)LiMnαCoβNiγO2 , where in the formula: 0.2≦α≦0.6, 0≦β≦0.4, and 0.2≦γ≦0.6 ([0015 – 0021]). The molar ratio of Li4/3Mn2/3O2 and LiMnαCoβNiγO2 in the formula {i.e. the “x” subscript} is taught to be equal to or more than 0.36 and less than 0.50 for the purpose of achieving gas generation suppression during initial cycling ([0022 – 0023]).
Since Ahn’s lithium manganese-oxide is similar in composition to the one taught in Modeki, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to control the molar ratio {i.e. the subscript “r” in Formula 2} of the phases taught in Ahn {i.e. Li2MnO3 and LiNiaCobMncO2} to be within the range taught by Modeki, and thus be within the claimed range, with a reasonable expectation of success in achieving the capability of suppressing gas generation in an initial cycle of the active material.
Ahn further discloses wherein the lithium manganese-based oxide is a core-shell particle (Fig. 1; [0052];[0071]).
Ahn does not explicitly disclose wherein the manganese exhibits a decreased concentration gradient from the core to the shell.
Zhang teaches a lithium-rich manganese-based oxide having a concentration gradient where the Mn content gradually decreases from the inside of the particle to the particle surface and the Ni element content gradually increases, and the lithium-rich manganese also includes Co ([0003];[0007]; [0014]). The concentration gradient of Ni and Mn allows for a high manganese content inside the particle that provides high discharge capacity and a high Ni content on the surface/outer part of the particle that provides high operating voltage and structural stability ([0014]). Furthermore, the concentration gradient as taught by Zhang allows for the material to maintain a high operating voltage and energy density while effectively suppressing capacity/voltage degradation during cycling ([0014]).
Since Ahn also teaches a lithium-rich manganese based positive electrode active material and is concerned with obtaining a high capacity active material with improved lifespan characteristics during high voltage operation of a lithium battery ([0006];[0011]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the core-shell active material particles of Ahn to have a concentration gradient of Ni and Mn from the core to the shell, as taught by Zhang, and thus obtain a core-shell particle where the content of Mn decreases from the core to the shell, with a reasonable expectation of success in obtaining an active material with a high operating voltage and energy density and effectively suppressing capacity/voltage degradation during cycling.
Based on the instant specification, the claimed voltage profile appears to be derived from the operating conditions of a lithium secondary battery using the claimed positive electrode active material ([0030 – 0031]). The lithium secondary battery of the instant invention is further taught to include: a negative electrode comprising a current collector ([0188 – 0189]) and a negative electrode active material layer ([0190]), a separator ([0195]), and an electrolyte including an organic solvent and lithium salt ([0197 – 0200]) or a solid electrolyte that is preferably a sulfide-solid electrolyte ([0201]).
The lithium secondary battery of modified Ahn, as established above, includes, in addition to a positive electrode including the an active materials corresponding to the claimed active material, a negative electrode having a current collector material and active material within the scope taught in the instant specification ([0113 – 0120]), a separator ([0121];[0130]) within the scope taught in the instant specification, and further an electrolyte comprising solvents and salts or solid electrolytes also within the scope taught in the instant specification ([0122 – 0126]).
As such, in light of the battery of modified Ahn being significantly similar in structure to the battery as claimed and/taught by the instant specification, and in light of Ahn already teaching obtaining half-cells utilizing their lithium-rich manganese-based active material with a formation voltage range with an upper limit of 4.7V and a lower limit of 2.6V and an operation charging voltage of 4.6V; one with ordinary skill in the art would reasonably expect (given the same test/operation conditions), the battery of modified Ahn to provide the claimed voltage profile characterized by (i) an operating voltage range in which the upper voltage limit (fv1) is greater than 4.3V after at least one formation cycle in a formation voltage range in which the upper voltage limit is 4.4V or more and 4.6V or less, and the lower voltage limit (fv2) is 2.5V or more and less than 3.0V based on a positive electrode potential, and (ii) the difference (ov1-ov2) between the upper voltage limit (ov1) and the lower voltage limit (ov2) of the operating voltage range is greater than 1.6V and less than 2.6V. Furthermore, the courts have found where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation/obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430 433 (CXPA 19771).
Regarding Claim 2, modified Ahn discloses all limitations as set forth above. For evaluating working examples that are in the form of coin-half cells, Ahn teaches a formation operation charging voltage of 4.7V and a discharging voltage of 2.5V, and further teaches, following the formation operation, subjecting the cells to a voltage of 4.6V for charging and discharging to a voltage of 2.5V ([0149 – 0150]).
Based on the instant specification, the claimed voltage profile appears to be derived from the operating conditions of a lithium secondary battery using the claimed positive electrode active material ([0030 – 0031]). The lithium secondary battery of the instant invention is further taught to include: a negative electrode comprising a current collector ([0188 – 0189]) and a negative electrode active material layer ([0190]), a separator ([0195]), and an electrolyte including an organic solvent and lithium salt ([0197 – 0200]) or a solid electrolyte that is preferably a sulfide-solid electrolyte ([0201]).
The lithium secondary battery of modified Ahn, as established above, includes, in addition to a positive electrode including the an active materials corresponding to the claimed active material, a negative electrode having a current collector material and active material within the scope taught in the instant specification ([0113 – 0120]), a separator ([0121];[0130]) within the scope taught in the instant specification, and further an electrolyte comprising solvents and salts or solid electrolytes also within the scope taught in the instant specification ([0122 – 0126]).
Modified Ahn does not explicitly disclose wherein the first cycle during formation of the lithium secondary battery has a formation voltage range in which the upper voltage limit (fv1) is 4.4 or more and 4.6V or less; however, in light of the battery of modified Ahn being significantly similar in structure to the battery as claimed and/taught by the instant specification, and in light of Ahn already teaching obtaining half-cells utilizing their lithium-rich manganese-based active material with a formation voltage range with an upper limit of 4.7V and a lower limit of 2.6V and an operation charging voltage of 4.6V; one with ordinary skill in the art would reasonably expect (given the same test/operation conditions), the first cycle, during the formation of the secondary battery of modified Ahn, to have a formation voltage range in which the upper voltage limit (fv1) is of 4.4V or more and 4.6V or less. Furthermore, the courts have found where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation/obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430 433 (CXPA 19771).
Claim(s) 4 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US PG Pub. 2016/0336594 A1), Yamamoto (US PG Pub. 2012/0217435 A1), OH (US PG Pub. 2011/0311872 A1), Modeki (US PG Pub. 2013/0327979 A1) and Zhang (CN112624207A), as applied to claim 1 above, and further in view of Morita (JP2010080407A, cited in previous Office action mailed 11/06/2025) and Yang (“Understanding Voltage Decay in Lithium-Rich Manganese-Based Layered Cathode Materials by Limiting Cutoff Voltage”, Applied Materials & Interfaces; vol. 8; 2-17; pp. 18867 – 1877, cited in previous Office action mailed 11/06/2025).
Regarding Claims 4 – 8, modified Ahn discloses all limitations as set forth above. For evaluating working examples that are in the form of coin-half cells, Ahn teaches a formation operation charging voltage of 4.7V and a discharging voltage of 2.5V, and further teaches, following the formation operation, subjecting the cells to a voltage of 4.6V for charging and discharging to a voltage of 2.5V ([0149 – 0150]).
Modified Ahn does not explicitly disclose wherein the upper voltage limit (ov1) of the operating voltage range during operation of the lithium secondary battery has a range of greater than 4.3 V and 5.0V or less (Claim 4), 4.6V or more (Claim 6), 4.5V or more and less than 4.6V (Claim 7), or less than 4.5 V (Claim 8); and the lower voltage limit (ov2) has a range of 2.0 V or more and less than 3.0V (Claim 5 – 8).
Morita teaches a nonaqueous electrolyte secondary battery with a lithium transition metal composite oxide as the positive electrode active material ([0033];[0042][0073 – 0075]). Morita further teaches controlling the upper limit charging voltage of the battery to preferably be higher than 4.20V and most preferably be 4.35V to 4.65V for the purpose of the optimizing the amount of lithium released per unit mass and improving electrode energy density ([0074]). As the charging voltage is increased; however, the reactivity between the positive electrode active material and electrolyte increases, resulting in deterioration of the active material, eluted metals being precipitated on the negative electrode side, inhibiting Li absorption/release, accelerating the decomposition reaction of the electrolyte at the interface, forming a film on the surface, and causing gas generation ([0025]). The lower limit discharge voltage is taught to be set to 2.00V or more and 3.30 V or less ([0074]).
Yang teaches, for a lithium-rich manganese-based layered (LRMO) cathode material, that upon high charge and/or low discharge voltages, severe structural variations such as formation of the spinel phase and migration of transition metal ions inside the particles occur on the LRMO electrode, and that moderate voltages in a range of 4.4 – 2.8V shows stable structure during cycling (Refer to Abstract and the Conclusion section paragraph).
Since Ahn teaches a battery with a lithium-rich manganese-based positive electrode active material, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the upper voltage limit and lower voltage limit of the operating voltage of Ahn’s lithium secondary battery to be within overlapping portion the claimed ranges and the ranges taught by Morita and Yang to optimize the reactivity between the positive electrode material and battery electrolyte, the structural stability of active material, and the electrode energy density, with a reasonable expectation of success and without undue experimentation [MPEP 2144.05(II)]).
Claim(s) 13 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US PG Pub. 2016/0336594 A1), Yamamoto (US PG Pub. 2012/0217435 A1), OH (US PG Pub. 2011/0311872 A1), Modeki (US PG Pub. 2013/0327979 A1) and Zhang (CN112624207A), as applied to claim 1 above, and further in view of Nam (WO2021034020A1, US PG Pub. version used as English translation: US 2022/0388852 A1, cited in previous Office action mailed 11/06/2025).
Regarding Claims 13 – 16, modified Ahn discloses all limitations as set forth above. Ahn teaches the active material particles having a core-shell structure (Fig. 1; [0052];[0071]).
Modified Ahn does not explicitly disclose wherein there is a barrier layer covering at least a part of the surface of the core-shell particle (Claim 13), and further wherein the barrier layer includes a first oxide represented by Chemical Formula 2: LicBdM3eOf, wherein M3 is at least one selected from Ni, Mn, Co, Al, Nb, Si, Ti, Zr, Ba, K, Mo, Fe, Cu, Cr, Zn, Na, Ca, Mg, Pt, Au, Eu, Sm, W, Ce, V, Ta, Sn, Hf, Gd, and Nd, and 0 ≤ c ≤ 8, 0 < d ≤ 8, 0 ≤ e ≤ 8, and 2 ≤ f ≤ 13 (Claim 16).
Nam teaches a cathode active material that is a lithium metal oxide particle in the form of a secondary particle including primary particles and a coating layer including a boron compound positioned on at least a part of surfaces of the primary particles ([0026]). The boron compound is taught to be selected from at least one of Li3BO3, LiBO2, Li3B3O5, Li6B4O9, Li6.52B18O0.7, Li7.4B18O0.7, Li7.8B18O0.9, and Li2B4O7 ([0039]). Nam further teaches a preference for Li3BO3 because it has a desirable conductivity and does not react with a lithium byproduct so it effectively diffuses to the surfaces of the primary particles of the cathode active material to form the coating layer ([0039]). The coating is further taught to improve the output characteristics of the active material by forming a path for lithium ions to move through the boundaries between primary particles ([0032]).
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the core-shell particles of Ahn by coating the particles with Li3BO3 , as taught by Nam, and thus obtain a barrier layer covering at least a part of the surface of the core-shell particle within the claimed scope of Chemical Formula 2 {i.e. Li3BO3 is represented by Chemical Formula 2 when c = 3, d = 1, r = 0, and f = 3}, with a reasonable expectation of success in improving the output characteristics of Ahn’s active material.
Ahn further discloses wherein the lithium manganese-based oxide is present as a secondary particle in which a plurality of primary particles agglomerate (Claim 14), that is in Figs. 3A and 4, Ahn shows an example active material particle that is comprised of a plurality of smaller particles, which one with ordinary skill in the art would recognize to be a secondary particle comprised of a plurality of agglomerated primary particles.
Furthermore, as established above, the active materials of modified Ahn include a barrier layer on the on at least a portion of a surface of the primary particles that make up the secondary particles of the active material (Nam: [0026];[0032]); therefore, modified Ahn provides the claimed structure of wherein the barrier layer covers at least a part of the surfaces of the primary particle and the secondary particle (Claim 14 cont.).
In Figs. 3A and 4, Ahn shows the active material particles being secondary particles comprised of a plurality of primary particles, as such, one with ordinary skill in the art would reasonably expect boundaries to necessarily and inherently be included between adjacent primary particles of the active material (Claim 15).
Nam further teaches that Li3BO3 effectively diffuses to the surfaces of the primary particles when forming the coating layer and is capable of filling the gaps between primary particles included in the secondary active material particle ([0032];[0039]); therefore, one with ordinary skill in the art would reasonably expect the barrier layer coating of modified Ahn to be present in a state of being diffused from the surface portion of the secondary particle to the central portion thereof along the grain boundary (Claim 15 cont.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARYANA Y ORTIZ whose telephone number is (571)270-5986. The examiner can normally be reached M-F 7:00 AM - 5:00 PM.
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/A.Y.O./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 5/14/2026
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