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 .
The Applicant has amended independent claims 1 and 17. The pending claims are claims 1-20.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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 1-20 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.
Regarding claim 1, the phrase "a primary particle having a primary structural body" renders the claim indefinite because it is unclear what the “primary structural body” entails in the primary particle.In the PGPub, “primary particle” is defined as “a primary structural body of a single particle.” (0035). It appears that the “primary particle” is synonymous to the “primary structural body of a single particle,” but there is no clear and concise definition of each of them.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ham et al., US 20190074513.
Regarding claims 1 and 17, Ham et al., teaches a positive electrode material (abstract), comprising: a bimodal particle size distribution (0110; Fig. 1A) including a large- diameter particle (0110) and a small-diameter particle (0010; 0041), wherein the large-diameter particle has a greater average particle diameter (D50) than the small-diameter particle (0010; Fig. 1); wherein the small-diameter particle (“smaller average particle diameter”) (0041; 0169) is a lithium composite transition metal oxide (abstract; 0119) in the form of a single particle (primary particle) (abstract) and having a nickel content (0042; 0058) of 80 atm% or greater in all transition metals (abstract; 0042; 0058) of the lithium composite transition metal oxide (0119), and containing rock salt phases (0054) on a surface portion (0054) thereof, and wherein the single particle is a primary particle (abstract; 0035-0037) and the amendment, “a primary particle having a primary structural body” seems to define the physical structure of the primary particle, although the “physical structure” is not fully defined. As seen in Fig. 1B, Ham et al., teaches a primary particle (10), a secondary particle (11), and a secondary particle (12). Additionally, Ham et al., teaches “a cathode active material comprises a secondary particle including an aggregate of a plurality of primary particles, wherein the secondary particle comprises a nickel-containing, i.e., a nickel-based, lithium transition metal oxide having a layered crystal structure, wherein the plurality of primary particles comprises a first primary particle.” (0035).
Ham et al., does not teach rock salt phases on a surface portion thereof.
However, although Ham does not teach rock salt phases on a surface portion, Ham teaches a rock salt structure. Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Regarding claim 2, Ham et al., teaches wherein the small-diameter particle is a lithium composite transition metal oxide (0078-0079) represented by Formula 1 below:[Formula 1] Li,[NiyCo
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021
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in Formula 1, M1 is one or more selected from Mn or Al, M2 is one or more selected from the group consisting of W, Cu, Fe, Ba, V, Cr, Ti, Zr, Zn, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Mg, B, and Mo, and 0
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5, 0
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0<z0.15,O<w<0.2, and 2 (0058-0061).
Regarding claim 3, Ham et al., teaches the positive electrode material of wherein the lithium composite transition metal oxide further comprises a coating layer including at least one coating element selected from Al, Ti, W, B, F, P, Mg, Ni, Co, Fe, Cr, V, Cu, Ca, Zn, Zr, Nb, Mo, Sr, Sb, Bi, Si, or S (0081-0083).
Regarding claim 4, Ham et al., teaches positive electrode material (abstract) of wherein the small-diameter particle is a lithium composite transition metal oxide represented by Formula 2 below:[Formula 2] Lix[NiyCozMnwiAlw2M2v] 02 in Formula 2, M2 is one or more selected from the group consisting of W, Cu, Fe, Ba, V, Cr, Ti, Zr, Zn, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Mg, B, and Mo, and 0.9x 1.5, 0.8y<l,0<z0.15, 0<w10.15, 0<w2 0.15,
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2, and 0<wl+w2<0.2 (0081-0083).
Regarding claim 5, Ham et al., teaches a positive electrode material (abstract) wherein the large-diameter particle (0005) is a lithium composite transition metal oxide (0035) in a form of a secondary particle (abstract; 0010; 0041).
Regarding claim 6, Ham et al., teaches a positive electrode material (abstract) of wherein the large-diameter particle is a lithium composite transition metal oxide (0035) having a nickel content of 80 atm% or greater in all transition metals (0035; 0042).
Regarding claim 7, Ham et al., teaches positive electrode material of wherein the large-diameter particle is a lithium composite transition metal oxide represented by Formula 1 below:[Formula 1] Lix [NiyCO
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02 in Formula 1 , M1 is one or more selected from Mn or Al,M2 is one or more selected from the group consisting of W, Cu, Fe, Ba, V, Cr, Ti, Zr, Zn, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Mg, B, and Mo, and 0.9x 1.5, 0.8y<l,0<z0.15, 0<w<0.2, and
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2 (0058-0061).
Regarding claim 8, Ham et al., teaches a positive electrode material (abstract) wherein the average particle diameter (D5o) (0005) of the small- diameter particles is 2 to 8 um (about 1 to about 30 um) (0085).
Regarding claim 9, Ham et al., teaches positive electrode material of wherein the average particle diameter (D50) (0005) of the large- diameter particles is 10 to 20 um (about 1 to about 30 um) (0085).
Regarding claim 10, Ham et al., teaches positive electrode material (abstract) of wherein the small-diameter particle and the large-diameter particle are included in a weight ratio of 1:9 to 5:5 (0111).
Regarding claim 11, Ham et al., teaches positive electrode material of wherein the small-diameter particle is a lithium composite4
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transition metal oxide represented by Formula 3 below:[Formula 3] Lix [NiyCo
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02 in Formula 3, MI is one or more selected from Mn or Al, M2 is one or more selected from the group consisting of W, Cu, Fe, Ba, V, Cr, Ti, Zr, Zn, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Mg, B, and Mo, M3 is one or more selected from the group consisting of Al, Ti, W, B, F, P, Mg, Ni, Co, Fe, Cr, V, Cu, Ca, Zn, Zr, Nb, Mo, Sr, Sb, Bi, Si, and S, and0 5, 0.8<y<1,0<zS0.15, O<w<0.2, 0<v<0.2, (0058-0061).
Regarding claim 12, Ham et al., teaches a positive electrode material of the positive electrode material (abstract) of wherein the rock salt phases (0054) have an average thickness ranging from 10 to 30 nm (1 nm-200 nm) (0086).
Regarding claim 13, Ham et al., teaches positive electrode material of wherein the small-diameter particle is a lithium composite transition metal oxide (0084-0085) represented by Formula 4 below:[Formula 4]Li,[NiyCo
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02 in Formula 4, M2 is one or more selected from the group consisting of W, Cu, Fe, Ba, V, Cr, Ti, Zr, Zn, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Mg, B, and Mo, M3 is one or more selected from the group consisting of Al, Ti, W, B, F, P, Mg, Ni, Co, Fe, Cr, V, Cu, Ca, Zn, Zr, Nb, Mo, Sr, Sb, Bi, Si, and S, and 0.9x1.5,0
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y<1,O<z0.15, 0<wl0.15, O<w2 0.15, O<v0.2, O<w1+w2<0.2, and
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(0081-0083).
Regarding claim 14, Ham et al., teaches positive electrode material of wherein the rock salt phases (0054) have an average thickness ranging from 10 to 30 nm (1 nm-200 nm) (0086).
Regarding claim 15, Ham et al., teaches positive electrode material of wherein the large-diameter particle (0046; 0011) comprises a same composition as the small-diameter particle (0084-0085; 0011).
Regarding claim 16, Ham et al., teaches positive electrode material of wherein the large-diameter particle (0046; 0011) comprises a different composition as the small-diameter particle (0084-0085; 0011).
Regarding claim 17, Ham et al., teaches method for producing a positive electrode material (0011), comprising: mixing a transition metal precursor (0011) having a nickel content (0010) of 80 atm% or greater in all transition metals of the transition metal precursor with a lithium raw material to obtain a mixture (0042), overfiring the mixture at a temperature of 800 C (0089; 0092) to prepare a small-diameter particle that is lithium composite transition metal oxide in a form of a single particle (0054) and containing rock salt phases (0054) formed on a surface thereof (0086; 0156), wherein the single particle is a primary particle (0046; 0087; 0110-0111); and wherein the single particle is a primary particle (abstract; 0035-0037) and the amendment, “a primary particle having a primary structural body” seems to define the physical structure of the primary particle, although the “physical structure” is not fully defined,and mixing the small-diameter particle with a large-diameter particle having a greater average particle diameter (D50) than the small-diameter particle to prepare a positive electrode material having a bimodal particle size distribution.
Regarding claim 18, Ham et al., teaches method of the transition metal precursor (0013-0014) and the lithium raw material are mixed wherein a molar ratio of lithium: transition metal is 1.05:1 to 1.1:1 (0050; 0105).
Regarding claim 19, Ham et al., teaches a positive electrode comprising the positive electrode material of claim 1 (abstract; 0005-0010).
Regarding claim 20, Ham et al., teaches a lithium secondary battery (abstract) comprising the positive electrode of claim 19 (abstract; 0005-0010).
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
The Applicant states that “[0035] states that "the small-diameter particle... [is] in the form of a single particle, that is, a primary particle" and that a "'primary particle' means a primary structural body of a single particle."
However, "a primary particle having a primary structural body" renders the claim indefinite because it is unclear what the “primary structural body” entails in the primary particle.
Additionally, “Applicant respectfully submits that Ham does not teach or suggest that "the single particle is a primary particle having a primary structural body" because Ham is instead directed to a cathode active material including "secondary particle[s] including an aggregate of a plurality of primary particles." (Ham, Abstract (emphasis added); see also [0035] cited in the Action.)
However, as described above, "a primary particle having a primary structural body" renders the claim indefinite because it is unclear what the “primary structural body” entails in the primary particle.
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727