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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/22/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
The Applicant’s amendment and arguments, filed 01/22/2026, has been entered. Claim 1 is amended; claims 2-4 and 6-17 stand as originally or previously presented; claim 5 is cancelled; and claims 18-21 are new. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 10/24/2025 has been withdrawn. Amended and new grounds of rejections under 35 U.S.C. 103 citing to newly found art are set forth below as necessitated by the claim amendments.
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.
Claim(s) 1-4, 6-20 is/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, and dependent claims are hereby rejected/objected due to dependency from rejected/objected Claim 1.
Claim 1 recites the limitation “a chemical formula of the agglomerated positive electrode material is Lix1Niy1Coz1M1-y1-z1O2, wherein 0.9≤x1≤1, 0.96≤y1≤0.98, 0.05≤z1≤0.1, and M comprises one or more of Mn, Al, B, Zr, Sr, Y, Sb, W, Ti, Mg, and Nb” in lines 13-15. It is unclear what the subscript value for M can be. Using the lowest possible values for y1 and z1, M has the subscript value of 1 – 0.96 – 0.05 = -0.01. It is impossible to have a negative subscript for M.
Claim 20 recites the limitation “a chemical formula of the quasi-single crystalline positive electrode material is Lix2Niy2Coz2M1-y2-z2O2, wherein 0.9≤x2≤1, 0.96≤y2≤0.98, 0.05≤z2≤0.1, and M’ comprises one or more of Mn, Al, B, Zr, Sr, Y, Sb, W, Ti, Mg, and Nb” in lines 13-15. It is unclear what the subscript value for M’ can be. Using the lowest possible values for y2 and z2, M’ has the subscript value of 1 – 0.96 – 0.05 = -0.01. It is impossible to have a negative subscript for M’.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6-14, 16, and 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (US 20210126242 A1, hereinafter Du).
Regarding claim 1, Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), comprising
a positive electrode plate (Du, positive electrode plate, [0060]), wherein:
a positive electrode active material is disposed on the positive electrode plate (Du, positive electrode plate includes the positive electrode material, [0060]), and
the positive electrode active material comprises an agglomerated positive electrode material and a quasi-single crystalline positive electrode material (Du, the positive electrode material includes a lithium-nickel transition metal oxide A and a lithium-nickel transition metal oxide B, wherein the lithium-nickel transition metal oxide A is secondary particles and the lithium-nickel transition metal oxide B is a monocrystalline structure or a monocrystalline-like structure, Abstract);
a volume average particle size Dv50 of the agglomerated positive electrode material is 8 μm to 15 μm (Du, the lithium-nickel transition metal oxide A has Dv50 of 8 μm to 15 μm, [0040]; the disclosed Dv50 range of 8 μm to 15 μm falls within the claimed range of 8 μm to 15 μm),
and a primary particle size of the agglomerated positive electrode material is 0.1 μm to 0.6 μm (Du, the lithium-nickel transition metal oxide A is secondary particles that are composed of primary particles, and the particle size of the primary particles is 200 nm to 500 nm, or 0.2 μm to 0.5 μm, [0041]; the disclosed particle size range of 0.2 μm to 0.5 μm falls within the claimed range of 0.1 μm to 0.6 μm);
a volume average particle size Dv50 of the quasi-single crystalline positive electrode material is 2.5 μm to 4 μm (Du, the lithium-nickel transition metal oxide B has Dv50 of 1 μm to 7 μm, [0043]; the disclosed Dv50 range of 1 to 7 μm overlaps the claimed range of 2.5 μm to 4 μm), and
a primary particle size of the quasi-single crystalline positive electrode material is 0.8 μm to 2 μm (Du, monocrystalline-like means that the primary particles are larger than 1 μm in size, but the primary particles are agglomerated. Monocrystalline means that the primary particles are larger than 1 μm in size, but are not agglomerated, [0023]; the disclosed range of greater than 1 μm overlaps with the claimed range of 0.8 μm to 2 μm);
a mass ratio of the agglomerated positive electrode material to the quasi-single crystalline positive electrode material is greater than or equal to 1 (Du, the mass ratio of the lithium-nickel transition metal oxide A to the lithium-nickel transition metal oxide B is 4:1 to 2:1, [0046]; the disclosed mass ratio of 4:1 to 2:1 falls within the claimed range of greater than or equal to 1); and
a chemical formula of the agglomerated positive electrode material is Lix1Niy1Coz1M1-y1-z1O2, wherein 0.9≤x1≤1, 0.96≤y1≤0.98, 0.05≤z1≤0.1, and M comprises one or more of Mn, Al, B, Zr, Sr, Y, Sb, Ti, Mg, and Nb; (Du, the lithium-nickel transition metal oxide A is secondary particles, and a chemical formula of the lithium-nickel transition metal oxide A is shown in Formula I, wherein Formula I is Lia1(Nib1Coc1Mnd1)x1M1-x1O2-e1Xe1, and in Formula I, 0.95≤a1≤1.05, 0.7≤b1≤0.98, 0.01≤c1≤0.15, 0.01≤d1≤0.3, 0.95≤x1≤1, and 0≤e1≤0.1, where M is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and X is selected from F and/or Cl; [0017];
Li = Li, and 0.95≤a1≤1.05, overlapping the claimed range of 0.9≤x1≤1;
Ni = Ni, and 0.7≤b1≤0.98, overlapping the claimed range of 0.96≤y1≤0.98,
Co = Co, and 0.01≤c1≤0.15, overlapping the claimed range of 0.05≤z1≤0.1;
M = M, wherein M is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and 1 – x1, wherein 0.95≤x1≤1 overlaps with the claimed range of 1-y1-z1;
O = O, and 2-e1, wherein 0≤e1≤0.1 overlaps with the claimed value of 2).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 2, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, secondary battery, Abstract), wherein the mass ratio of the agglomerated positive electrode material to the quasi-single crystalline positive electrode material is 1-9:1, optionally 2.3-3:1 (Du, the mass ratio of the lithium-nickel transition metal oxide A to the lithium-nickel transition metal oxide B is 4:1 to 2:1, [0046]; the disclosed mass ratio of 4:1 to 2:1 overlaps the claimed range of 2.3-3:1).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 3, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein the volume average particle size Dv50 of the quasi-single crystalline positive electrode material is 3 μm to 3.5 μm (Du, the lithium-nickel transition metal oxide B has Dv50 of 1 μm to 7 μm, [0043]; the disclosed Dv50 range of 1 to 7 μm overlaps the claimed range of 3 μm to 3.5 μm), and/or
the primary particle size of the quasi-single crystalline positive electrode material is 1.2 μm to 1.5 μm ((Du, monocrystalline-like means that the primary particles are larger than 1 μm in size, but the primary particles are agglomerated. Monocrystalline means that the primary particles are larger than 1 μm in size, but are not agglomerated, [0023]; the disclosed range of greater than 1 μm overlaps with the claimed range of 1.2 μm to 1.5 μm),
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 4, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein the primary particle size of the agglomerated positive electrode material is 0.2 μm to 0.4 μm (Du, the lithium-nickel transition metal oxide A is secondary particles that are composed of primary particles, and the particle size of the primary particles is 200 nm to 500 nm, or 0.2 μm to 0.5 μm, [0041]; the disclosed particle size range of 0.2 μm to 0.5 μm overlaps the claimed range of 0.2 μm to 0.4 μm).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 6, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), a chemical formula of the quasi-single crystalline positive electrode material is Lix2Niy2Coz2M1-y2-z2O2, wherein 0.9≤x2≤1, 0.9≤y2≤0.98, 0.05≤z2≤0.1, and M’ comprises one or more of Mn, Al, B, Zr, Sr, Y, Sb, Ti, Mg, and Nb; optionally, 0.92≤y2≤0.98 (Du, the lithium-nickel transition metal oxide B is monocrystalline or monocrystalline-like particles, and a chemical formula of the lithium-nickel transition metal oxide B is shown in Formula II: Lia2(Nib2Coc2Mnd2)x2M’1-x2O2-e2X’e2. In Formula II, 0.95≤a2≤1.05, 0.7≤b2≤0.98, 0.01≤c2≤0.15, 0.01≤d2≤0.3, 0.95≤x2≤1, and 0≤e2≤0.1, where M′ is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and X′ is selected from F and/or Cl, [0019-0020];
Li = Li, and 0.95≤a2≤1.05, overlapping the claimed range of 0.9≤x2≤1;
Ni = Ni, and 0.7≤b2≤0.98, overlapping the claimed range of 0.9≤y2≤0.98,
Co = Co, and 0.01≤c2≤0.15, overlapping the claimed range of 0.05≤z2≤0.1;
M’ = M, wherein M’ is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and 1 – x2, wherein 0.95≤x2≤1 overlaps with the claimed range of 1-y2-z2;
O = O, and 2-e2, wherein 0≤e2≤0.1, overlaps with the claimed value of 2).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 7, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein y2 > y1 (Du, Formula 1 is Lia1(Nib1Coc1Mnd1)x1M1-x1O2-e1Xe1, and in Formula I, 0.95≤a1≤1.05, 0.7≤b1≤0.98, 0.01≤c1≤0.15, 0.01≤d1≤0.3, 0.95≤x1≤1, and 0≤e1≤0.1, where M is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and X is selected from F and/or Cl.
Formula II: Lia2(Nib2Coc2Mnd2)x2M’1-x2O2-e2X’e2. In Formula II, 0.95≤a2≤1.05, 0.7≤b2≤0.98, 0.01≤c2≤0.15, 0.01≤d2≤0.3, 0.95≤x2≤1, and 0≤e2≤0.1, where M′ is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and X′ is selected from F and/or Cl, [0070], Table 1; the Examiner notes that Table 1 demonstrates Examples where c2 is greater than c1, e.g. Example 8).
Regarding Claim 8, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein a particle size distribution span (Dv90-Dv10)/Dv50 of the agglomerated positive electrode material is ≤ 1.5, optionally 0.7 to 1.4 (Du, the lithium-nickel transition metal oxide A has Dv90 is 15 to 25 μm, Dv50 is 8 to 15 μm, and Dv10 is 3 to 8 μm, [0040]; Upper Bound: (25 – 3)/8 = 2.75, Lower Bound: (15 – 8) / 15 = 0.467. The disclosed range of 0.467 to 2.75 overlaps the claimed range of ≤ 1.5 and between 0.7 to 1.4).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 9, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein a BET specific surface area of the agglomerated positive electrode material is 0.2 m2/g to 0.8 m2/g, optionally 0.3 m2/g to 0.6 m2/g (Du, a specific surface area of the positive electrode material is 0.5 m2/g to 0.6 m2/g, [0033]; the disclosed range of 0.5 m2/g to 0.6 m2/g or less falls within the claimed ranges of 0.2 m2/g to 0.8 m2/g and 0.3 m2/g to 0.6 m2/g).
Regarding Claim 10, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein a particle size distribution span (Dv90-Dv10)/Dv50 of the quasi-single crystalline positive electrode material is ≥ 1.2, optionally 1.3 to 1.5 (Du, the lithium-nickel transition metal oxide B has Dv90 is 8 to 10 μm, Dv50 is 1 to 7 μm, and Dv10 is 3 to 8 μm, [0040]; Upper Bound: (10 – 3)/1 = 7, Lower Bound: (10 – 8) / 7 = 0.286. The disclosed range of 0.286 to 7 overlaps the claimed range of ≥ 1.2 and between 1.3 to 1.5).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 11, Du discloses all of the claim limitations as set forth above. Du discloses a secondary battery (Du, lithium-ion battery, [0059]) comprising a quasi-single crystalline positive electrode material (Du, the positive electrode active material includes a monocrystalline or monocrystalline-like particles, Abstract), wherein a BET specific surface area of the quasi-single crystalline positive electrode material is 0.8 m2/g to 1.3 m2/g, optionally 0.85 m2/g to 1.15 m2/g (Du, the positive electrode material has a specific surface area of 0.5 m2/g to 1.5 m2/g, [0033]; the disclosed range of 0.5 m2/g to 1.5 m2/g overlaps with the claimed ranges of 0.8 m2/g to 1.3 m2/g and 0.85 m2/g to 1.15 m2/g).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 12, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein the particle size distribution span (Dv90-Dv10)/Dv50 of the positive electrode active material is 1.5 to 2.1 (Du, ΔPSD is a particle size distribution change rate calculated according to the formula ΔPSD=(Dv90−Dv10)/Dv50, and the positive electrode active material has a ΔPSD within a range of 1.5 to 2.2, Claims 1 and 4; the disclosed range of 1.5 to 2.2 overlaps the claimed range of 1.5 to 2.1).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 13, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein the BET specific surface area of the positive electrode active material is 0.5 m2/g to 0.7 m2/g (Du, a specific surface area of the positive electrode material is 0.5 m2/g to 0.6 m2/g, [0033]; the disclosed range of 0.5 m2/g to 0.6 m2/g or less falls within the claimed ranges of 0.5 to 0.7 m2/g).
Regarding Claim 14, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein a mass percentage of the positive electrode active material in a positive electrode film layer of the positive electrode plate is 95% to 99.5% (Du, the positive electrode material, a binder polyvinylidene fluoride, and a conductive agent acetylene black were mixed in a mass ratio of 98:1:1, [0085]; the disclosed positive electrode mass ratio of 98% falls within the claimed range of is 95% to 99.5%).
Regarding Claim 16, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), further comprising: a negative electrode plate, wherein a negative electrode active material is disposed on the negative electrode plate (Du, the negative electrode plate usually includes a negative current collector and a negative active substance layer on the surface of the negative current collector, [0064]), and
a mass percentage of a silicon-based material (Du, a negative active substance may be a silicon-based material, [0064]) in the negative electrode active material is 20% to 100% (Du, a negative active material, a thickener sodium carboxymethyl cellulose, a binder styrene-butadiene rubber, and an conductive agent acetylene black were mixed in a mass ratio of 97:1:1:1, [0085]; the disclosed negative electrode active material amount of 97 wt% falls within the claimed range of 20% to 100%).
Regarding Claim 18, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein M comprises boron (B) (Du, the lithium-nickel transition metal oxide A is secondary particles, and a chemical formula of the lithium-nickel transition metal oxide A is shown in Formula I, wherein Formula 1 is Lia1(Nib1Coc1Mnd1)x1M1-x1O2-e1Xe1, and in Formula I, 0.95≤a1≤1.05, 0.7≤b1≤0.98, 0.01≤c1≤0.15, 0.01≤d1≤0.3, 0.95≤x1≤1, and 0≤e1≤0.1, where M is selected from any one of B, and X is selected from F and/or Cl; [0017]).
Regarding Claim 19, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), wherein a chemical formula of the quasi-single crystalline positive electrode material is Lix2Niy2Coz2M1-y2-z2O2, wherein 0.9≤x2≤1, 0.9≤y2≤0.98, 0.05≤z2≤0.1, and M' comprises boron (B) (Du, the lithium-nickel transition metal oxide B is monocrystalline or monocrystalline-like particles, and a chemical formula of the lithium-nickel transition metal oxide B is shown in Formula II: Lia2(Nib2Coc2Mnd2)x2M’1-x2O2-e2X’e2. In Formula II, 0.95≤a2≤1.05, 0.7≤b2≤0.98, 0.01≤c2≤0.15, 0.01≤d2≤0.3, 0.95≤x2≤1, and 0≤e2≤0.1, where M′ is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and X′ is selected from F and/or Cl, [0019-0020];
Li = Li, and 0.95≤a2≤1.05, overlapping the claimed range of 0.9≤x2≤1;
Ni = Ni, and 0.7≤b2≤0.98, overlapping the claimed range of 0.96≤y2≤0.98,
Co = Co, and 0.01≤c2≤0.15, overlapping the claimed range of 0.05≤z2≤0.1;
M’ = M, wherein M’ is selected from any one or a combination of B, and 1 – x2, wherein 0.95≤x2≤1 overlaps with the claimed range of 1-y2-z2;
O = O, and 2-e2, wherein 0≤e2≤0.1, overlaps with the claimed value of 2).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 20, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), comprising
a positive electrode plate (Du, positive electrode plate, [0060]), wherein:
a positive electrode active material is disposed on the positive electrode plate (Du, positive electrode plate includes the positive electrode material, [0060]), and
the positive electrode active material comprises an agglomerated positive electrode material and a quasi-single crystalline positive electrode material (Du, the positive electrode material includes a lithium-nickel transition metal oxide A and a lithium-nickel transition metal oxide B, wherein the lithium-nickel transition metal oxide A is secondary particles and the lithium-nickel transition metal oxide B is a monocrystalline structure or a monocrystalline-like structure, Abstract);
a volume average particle size Dv50 of the agglomerated positive electrode material is 8 μm to 15 μm (Du, the lithium-nickel transition metal oxide A has Dv50 of 8 μm to 15 μm, [0040]; the disclosed Dv50 range of 8 μm to 15 μm falls within the claimed range of 8 μm to 15 μm),
and a primary particle size of the agglomerated positive electrode material is 0.1 μm to 0.6 μm (Du, the lithium-nickel transition metal oxide A is secondary particles that are composed of primary particles, and the particle size of the primary particles is 200 nm to 500 nm, or 0.2 μm to 0.5 μm, [0041]; the disclosed particle size range of 0.2 μm to 0.5 μm falls within the claimed range of 0.1 μm to 0.6 μm);
a volume average particle size Dv50 of the quasi-single crystalline positive electrode material is 2.5 μm to 4 μm (Du, the lithium-nickel transition metal oxide B has Dv50 of 1 μm to 7 μm, [0043]; the disclosed Dv50 range of 1 to 7 μm overlaps the claimed range of 2.5 μm to 4 μm), and
a primary particle size of the quasi-single crystalline positive electrode material is 0.8 μm to 2 μm (Du, monocrystalline-like means that the primary particles are larger than 1 μm in size, but the primary particles are agglomerated. Monocrystalline means that the primary particles are larger than 1 μm in size, but are not agglomerated, [0023]; the disclosed range of greater than 1 μm overlaps with the claimed range of 0.8 μm to 2 μm);
a mass ratio of the agglomerated positive electrode material to the quasi-single crystalline positive electrode material is greater than or equal to 1 (Du, the mass ratio of the lithium-nickel transition metal oxide A to the lithium-nickel transition metal oxide B is 4:1 to 2:1, [0046]; the disclosed mass ratio of 4:1 to 2:1 falls within the claimed range of greater than or equal to 1); and
a chemical formula of the quasi-single crystalline positive electrode material is Lix2Niy2Coz2M1-y2-z2O2, wherein 0.9≤x2≤1, 0.96≤y2≤0.98, 0.05≤z2≤0.1, and M’ comprises one or more of Mn, Al, B, Zr, Sr, Y, Sb, Ti, Mg, and Nb (Du, the lithium-nickel transition metal oxide B is monocrystalline or monocrystalline-like particles, and a chemical formula of the lithium-nickel transition metal oxide B is shown in Formula II: Lia2(Nib2Coc2Mnd2)x2M’1-x2O2-e2X’e2. In Formula II, 0.95≤a2≤1.05, 0.7≤b2≤0.98, 0.01≤c2≤0.15, 0.01≤d2≤0.3, 0.95≤x2≤1, and 0≤e2≤0.1, where M′ is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and X′ is selected from F and/or Cl, [0019-0020];
Li = Li, and 0.95≤a2≤1.05, overlapping the claimed range of 0.9≤x2≤1;
Ni = Ni, and 0.7≤b2≤0.98, overlapping the claimed range of 0.96≤y2≤0.98,
Co = Co, and 0.01≤c2≤0.15, overlapping the claimed range of 0.05≤z2≤0.1;
M’ = M, wherein M’ is selected from any one or a combination of Al, Ti, Zr, Nb, Sr, Sb, Y, B, Co, and Mn, and 1 – x2, wherein 0.95≤x2≤1 overlaps with the claimed range of 1-y2-z2;
O = O, and 2-e2, wherein 0≤e2≤0.1, overlaps with the claimed value of 2).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 21, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]), comprising
a positive electrode plate (Du, positive electrode plate, [0060]), wherein:
a positive electrode active material is disposed on the positive electrode plate (Du, positive electrode plate includes the positive electrode material, [0060]), and
the positive electrode active material comprises an agglomerated positive electrode material and a quasi-single crystalline positive electrode material (Du, the positive electrode material includes a lithium-nickel transition metal oxide A and a lithium-nickel transition metal oxide B, wherein the lithium-nickel transition metal oxide A is secondary particles and the lithium-nickel transition metal oxide B is a monocrystalline structure or a monocrystalline-like structure, Abstract);
a volume average particle size Dv50 of the agglomerated positive electrode material is 8 μm to 15 μm (Du, the lithium-nickel transition metal oxide A has Dv50 of 8 μm to 15 μm, [0040]; the disclosed Dv50 range of 8 μm to 15 μm falls within the claimed range of 8 μm to 15 μm),
and a primary particle size of the agglomerated positive electrode material is 0.1 μm to 0.6 μm (Du, the lithium-nickel transition metal oxide A is secondary particles that are composed of primary particles, and the particle size of the primary particles is 200 nm to 500 nm, or 0.2 μm to 0.5 μm, [0041]; the disclosed particle size range of 0.2 μm to 0.5 μm falls within the claimed range of 0.1 μm to 0.6 μm);
a volume average particle size Dv50 of the quasi-single crystalline positive electrode material is 2.5 μm to 4 μm (Du, the lithium-nickel transition metal oxide B has Dv50 of 1 μm to 7 μm, [0043]; the disclosed Dv50 range of 1 to 7 μm overlaps the claimed range of 2.5 μm to 4 μm), and
a primary particle size of the quasi-single crystalline positive electrode material is 0.8 μm to 2 μm (Du, monocrystalline-like means that the primary particles are larger than 1 μm in size, but the primary particles are agglomerated. Monocrystalline means that the primary particles are larger than 1 μm in size, but are not agglomerated, [0023]; the disclosed range of greater than 1 μm overlaps with the claimed range of 0.8 μm to 2 μm);
a mass ratio of the agglomerated positive electrode material to the quasi-single crystalline positive electrode material is greater than or equal to 1 (Du, the mass ratio of the lithium-nickel transition metal oxide A to the lithium-nickel transition metal oxide B is 4:1 to 2:1, [0046]; the disclosed mass ratio of 4:1 to 2:1 falls within the claimed range of greater than or equal to 1); and
a particle size distribution span (Dv90-Dv10)/Dv50 of the quasi-single crystalline positive electrode material is 1.2 to 1.4 (Du, the lithium-nickel transition metal oxide B has Dv90 is 8 to 10 μm, Dv50 is 1 to 7 μm, and Dv10 is 3 to 8 μm, [0040]; Upper Bound: (10 – 3)/1 = 7, Lower Bound: (10 – 8) / 7 = 0.286. The disclosed range of 0.286 to 7 overlaps the claimed range of 1.2 to 1.4).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Claim(s) 15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (US 20210126242 A1, hereinafter Du), as applied to Claim 1 above, and further in view of Tanabe et al. (US 20240282964 A1, hereinafter Tanabe).
Regarding Claim 15, Du discloses all of the claim limitations as set forth above. Du discloses the limitations regarding a secondary battery (Du, lithium-ion battery, [0059]). Du is silent regarding a coating surface density of the positive electrode active material on the positive electrode plate is 21.5 mg/cm2 to 32.5 mg/cm2.
Tanabe discloses a secondary battery (Tanabe, secondary battery, Title), wherein a coating surface density of the positive electrode active material on the positive electrode plate is 21.5 mg/cm2 to 23.5 mg/cm2 (Tanabe, the positive electrode active material layer has an area density within a range from 21.5 mg/cm2 to 23.5 mg/cm2, [0062]; the disclosed range of 21.5 mg/cm2 to 23.5 mg/cm2 falls within the claimed range of 21.5 mg/cm2 to 23.5 mg/cm2). Tanabe teaches that this allows for suppression of an increase in temperature of the secondary battery at the time of high load rate charging (Tanabe, [0062]).
Du and Tanabe are analogous to the current invention as they are all directed towards a secondary battery comprising a positive electrode active material.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the positive electrode active material layer of Du to have an area density within a range from 21.5 mg/cm2 to 23.5 mg/cm2, as taught by Tanabe, in order to suppress an increase in temperature of the secondary battery at the time of high load rate charging.
Regarding Claim 17, modified Du discloses all of the claim limitations as set forth above. Modified Du discloses the limitations regarding an electric device, comprising the secondary battery (Tanabe, battery supplies electric power to electronic equipment, [0094-0095]).
Response to Arguments
Applicant’s arguments, see Pages 8-11, filed 1/22/2026, with respect to the rejection(s) of claim(s) 1-17 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Du et al. (US 20210126242 A1, hereinafter Du), as noted above.
Conclusion
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.
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/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752