www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/159,245
`
`01/27/2021
`
`SHUHEI UCHIDA
`
`083710-3276
`
`9255
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr
`Suite 500
`
`KRONE, TAYLOR HARRISON
`
`1728
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/21/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-25 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-25 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11){¥}] The drawing(s)filed on 27 January 2021 is/are: a)f¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.2) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4 Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231025
`
`Application No.
`Applicant(s)
`47/159,245
`UCHIDAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`TAYLOR H KRONE
`1728
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 27 January 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA orAIA Status
`
`The present application,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Inthe event the determination of the status of the application as subject to AIA35 U.S.C. 102
`
`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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.
`
`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 forthin 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 skillin 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 presumesthat the subject matter of the various claims was commonly owned as of the
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 3
`
`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 effectivefiling dates of each claim that
`
`was not commonly ownedas 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.
`
`Claims 1, 2, 3,9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, and 25 are rejected under 35 U.S.C. 103
`
`as being unpatentable over US 20160336595 (Choi‘595).
`
`Regarding claim1, Choi ‘595 discloses a positive electrode active material (a positive active
`
`material; [0011]) comprising: a lithium composite oxide (metal oxide composites are used as the
`
`positive active material; [0006], wherein the lithium composite oxide contains at least one element
`
`selected from the group consisting of F, Cl, N, and S, and at least one element selected from the group
`
`consisting of Bi, La, Ce, Ga, Sr, Y, and Sn (Li,Ni,Co.MngG.O>47; (0.90<a<1.8,0<b<0.9, 0<c<0.5,
`
`0<d<0.5, 0.001<e<0.1,0<f<0.05); Gis La or CeandT is F; paragraph [0013]). The formula of Choi ‘595
`
`is a lithium composite oxide, wherein the formula contains F and La or Ce. For example, whenGis La, T
`
`is F, a=1.2, b=0.11, c=0.11, d=0.47, e=0.1, and f=0.05, the following formula can be understood:
`
`LigaN. 11C 09.41 Mno.47La91O195Fo.95. The previously understood formula disclosed by Choi corresponds to
`
`the formulas disclosed in Table 1 of the presentlyfiled specification on page 54, specifically example 4.
`
`Advantageously, the positive active material of Choi ‘595 for a rechargeable lithium battery has
`
`excellentlife-span characteristic at high temperature and high-voltage conditions ([0010)).
`
`Claim 1 further requires that the following mathematical formula(I) is satisfied :
`
`0.05 < integrated intensity ratio I(1g°-20%)/1 (43-46) $ 0.90(1),
`
`wherethe integrated intensity ratio I(1g--209/l,aa-46+) is a ratio of an integrated intensity I(1g-29- to
`
`an integratedintensity I(43-..6),
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 4
`
`the integrated intensity /l(43-.26)is an integrated intensity ofa first peak that is a maximum
`
`peak presentin a range of angle ofdiffraction 26 greater than or equal 43° and less than or equalto
`
`46° in an X-ray diffraction pattern of the lithium composite oxide, and
`
`the integrated intensity | 1¢-20- is an integrated intensity of a second peak that is a maximum
`
`peak present in a range of angle ofdiffraction 26 greater than or equal to 18° and less than or equal
`
`to 20° in the X-ray diffraction pattern of the lithium composite oxide.
`
`Regarding product and apparatusclaims, when the structure recited in the referenceis
`
`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 /nre Schreiber, 128 F.3d at 1478, 44
`
`USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2114 I.). Inthe instant case, when the
`
`following formula: Li,2Nip.174©09.14MNo.47L.a9 10195Fo.o5 is selected based onthe disclosure of Choi ‘595,
`
`which corresponds to the formulas disclosed in Table 1 of the presently filed specification on page 54,
`
`specifically example 4,it is the examiner’s position that the properties required by claim 1 and
`
`reproduced above, would be provided.
`
`Therefore, prior to the effective filing date of the claimed invention, it would have been obvious
`
`toa personof ordinaryskill in the art to provide a lithium composite oxide having the following formula:
`
`LigaN. 11€ 09.11 Mno47La91O195Fo.95 as disclosed by Choi ‘595, in which the formula satisfies the
`
`mathematical formula required by claim 1 would exhibit the same properties required by claim 1
`
`reproduced above, because the claimed properties are presumed to be inherent.
`
`Regarding claims 2 and 3, Choi ‘595 teachesthe positive electrode active material according to
`
`claim1, but does not explicitly teach that the integrated intensity ratio I(1g--209/laa-a6)is greater than 0.11
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page5S
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`and less than or equal to 0.85, or more narrowly, greater than or equal to 0.44 and less than or equal to
`
`0.85.
`
`However, In the instant case, when the following formula: Li, 2Nig.41C09.1434MNo47La9. O195Fo 05 is
`
`selected based on the disclosure of Choi ‘595, which corresponds to the formulas disclosed in Table 1 of
`
`the presently filed specificationon page 54, specifically example 4, it is the examiner’s position that the
`
`properties required by claim 2 and reproduced above would be provided. 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 areasonto 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 tothe contrary.
`
`See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP
`
`§ 2114 1.).
`
`Therefore, prior to the effective filing date of the claimed invention, it would have been obvious
`
`toa personof ordinaryskill in the art to provide a lithium composite oxide having the formula disclosed
`
`above (Liq >Nip.11C09.13MNo,47140101.95Foos) inthe rejection of claim 1 by Choi ‘595, in which the formula
`
`also satisfies the integrated intensity ratio I(1g°-20y/laa--46*) being greater than0.11 and less than or equal
`
`to 0.85, or more narrowly, being greater than or equal to0.44 and less than or equal to 0.85.
`
`Regarding claim 9, Choi ‘595 teaches the positive electrode active material according to claim 1,
`
`wherein the lithium composite oxide contains F (Li,Ni,Co,MngG,O2..T;(0.90<a<1.8, O<b<0.9, O0<c<0.5,
`
`0<d<0.5, 0.001<e<0.1,0<f<0.05); Gis Laor CeandT is F; paragraph [0013]).
`
`Regarding claim 10, Choi ‘595 teaches the positive electrode active material according to claim
`
`1, wherein the lithium composite oxide contains at least one element selected from the group consisting
`
`of Bi, La, and Ce (Li,Ni, Co.MngG.O2;T; (0.90<a<1.8, O<b<0.9, O<c<0.5, O<d<0.5, 0.001<e<0.1,
`
`0<f<0.05); Gis La or Ce and Tis F; paragraph [0013)).
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 6
`
`Regarding claim 12, Choi ‘595 teaches the positive electrode active material according to claim
`
`1, wherein thelithium composite oxide further contains Mn (Li,Ni,Co.[MngG,.O>.,T-(0.90<a<1.8,
`
`0<b<0.9,0<c<0.5,0<d<0.5, 0.001<e<0.1, O<f<0.05); Gis La or CeandT is F; paragraph [0013]).
`
`Regarding claim 13, Choi ‘595 teaches the positive electrode active material according to claim
`
`12, wherein the lithium composite oxide further contains Co and Ni (Li,Ni,Co.MngG.O2.,T;(0.90<a<1.8,
`
`0<b<0.9,0<c<0.5,0<d<0.5, 0.001<e<0.1, O<f<0.05); Gis La or CeandT is F; paragraph [0013]).
`
`Regarding claim 14, Choi ‘595 teaches the positive electrode active material according to claim
`
`1, wherein the lithium composite oxide has an average composition represented by a composition
`
`formula Li,(A,Me1,)yO.Qg, where A denotesat least one element selected from the group consisting of
`
`Bi, La, Ce, Ga, Sr, Y, and Sn, Me denotesat least one element selected from the group consisting of Mn,
`
`Co, Ni, Fe, Cu, V, Nb, Mo,Ti, Cr, Zr, Zn, Na, K, Ca, Mg, Pt, Au, Ag, Ru, W,B,Si, P, and Al, Q denotesat
`
`least one element selected from the group consisting of F, Cl, N, and S, and the following five
`
`mathematical formulas are satisfied: 0.5<x<1.5, 0.5<y<1.0, 0<z<0.3, 1<a<2, and0<B<1
`
`(Li.Ni,Co.MngG.O2-4T; (0.90<a<1.8, 0<b<0.9, O<c<0.5, O0<d<0.5, 0.001<e<0.1,0<f<0.05); Gis La or
`
`CeandT is F; paragraph [0013]). For example, whenGis La, T is F, a=1.2, b=0.11, c=0.11, d=0.47, e=0.1,
`
`and f=0.05, the following formula can be understood: Li, »Nip.11C0911MNo.47Lap 101 95Fo.05. The claimed
`
`rangesof the lithium composite oxide formula overlap with the understood formula of Choi ‘595 when
`
`x=1.2, Ais La, z=0.1, Meis Ni, Co, and Mn, y=1, a=1.95, Qis F, and B=0.05. Therefore, as set forth in
`
`MPEP 2144.05, in the case where the claimed ranges “overlap orlie inside ranges disclosed by the prior
`
`art”, a prima facie case of obviousness exists (/n re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976):
`
`In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
`
`Regarding claim 15, Choi ‘595 teaches the positive electrode active material according to claim
`
`14, wherein the following four mathematical formulas are satisfied: 1.05<x<1.4, 0.6<y<0.95, 1.2<a<2,
`
`and 0<B<0.8. As set forth above in claim 14, the claimed rangesoverlap with the ranges of the disclosed
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 7
`
`formula of Choi ‘595 in paragraph [0013] (for example: Liz.2Nig.11C09,11M No .47L.ap.101.95Fo.o5). Therefore, as
`
`set forth in MPEP 2144.05, in the case where the claimed ranges “overlap or lie inside ranges disclosed
`
`by the prior art”, a prima facie case of obviousness exists (Inre Wertheim, 541 F.2d 257, 191 USPQ 90
`
`(CCPA 1976); Inre Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
`
`Regarding claim 16, Choi ‘595 teaches the positive electrode active material according to claim
`
`15, wherein the following four mathematical formulas are satisfied: 1.33<a<2, and 0<B<0.67. As set
`
`forth above in claim 14, the claimed ranges overlap with the ranges of the disclosed formula of Choi ‘595
`
`paragraph [0013] (for example,Li,2Nip.417C00.11MNo 47Lap 101 95Fp95). Therefore, as set forth in MPEP
`
`2144.05, in the case where the claimed ranges “overlap orlie inside ranges disclosed by the prior art”, a
`
`prima facie case of obviousness exists (In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re
`
`Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
`
`Regarding claim 17, Choi ‘595 teaches the positive electrode active material according to claim
`
`16, wherein the following four mathematical formulas are satisfied: 1.15<x<1.3, 0.7<y<0.85, 1.8<a<1.95,
`
`and 0.05<B<0.2. As set forth above in claim 14, the claimed ranges overlap with the ranges of the
`
`disclosed formula of Choi ‘595 paragraph [0013] (Li,>Nip.14C0913 Mo 47LA9.10195Fo.0s). Therefore, as set
`
`forth in MPEP 2144.05, in the case where the claimed ranges “overlap orlie inside ranges disclosed by
`
`the prior art”, a prima facie case of obviousness exists (In re Wertheim, 541 F.2d 257, 191 USPQ 90
`
`(CCPA 1976); Inre Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)).
`
`Regarding claim 22, Choi ‘595 teaches the positive electrode active material according to claim
`
`1, wherein the lithium composite oxide is contained as a main componentin the positive electrode
`
`active material (the formula disclosed in paragraph [0013] is a main componentof the positive active
`
`material for a rechargeable lithium battery; [0011]).
`
`Regarding claim 23, Choi ‘595 teachesa battery (a rechargeable lithium battery; [0052])
`
`comprising: a positive electrode (a positive electrode including the positive active material; [0052])
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 8
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`containing the positive electrode active material according to claim 1 (see the rejection above of claim
`
`1); a negative electrode (a negative electrode; [0052]) and an electrolyte (an electrolyte; [0052)).
`
`Regarding claims 24 and 25, Choi ‘595 teaches the battery according to claim 23, wherein the
`
`negative electrode contains at least one selected from the group consisting of (i) a negative -electrode
`
`active material that can adsorb and desorblithium ions and (ii) a material, wherein lithium metal in the
`
`material is dissolved in an electrolyte while discharging and is precipitated on the material while
`
`charging, andthe electrolyte is a non-aqueous electrolyte solution(the negative electrode includes a
`
`negative active material that is capable of reversibly intercalating and deintercalating lithium ions, for
`
`example, any carbon-based anode active material may be used as long as it is generally used as a carbon
`
`material ina lithium ion secondary battery; [0057] — [0059)).
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160336595 (Choi
`
`£595) in view of US 20200083524 (Back ‘524).
`
`Regarding claim 4, Choi ‘595 teaches the positive electrode active material according to claim 1,
`
`but does not explicitly teach that the lithium composite oxide has a crystal structure belonging to at
`
`least one structure selected from the group consisting of a layered structure and a spinel structure.
`
`Nevertheless, Back ‘524 discloses a spinel-structured lithium manganese-basedpositive
`
`electrode active material in which high-temperature storage characteristics and high-temperaturelife
`
`characteristics are excellent ([0002]). Like Choi ‘595, the formula for the positive electrode material of
`
`Back ‘524isa lithium composite oxide that contains F and at least one element selected form the group
`
`consisting of Bi, La, or Ce ([0009] - [0011]). Therefore, prior to the effectivefiling date of the claimed
`
`invention, it would have been obvious toa person of ordinaryskill in the art to modify the formula for
`
`the positive electrode active material, as taught by Choi ‘595, to have a spinel structure, as suggested by
`
`Back ‘524, to provide a positive electrode active material with excellent high-temperature storage and
`
`life characteristics.
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 9
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`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160336595 (Choi
`
`*595) in view of US 20200083524 (Back ‘524), and further in view of US 20150380737 (Kawasato ‘737).
`
`Regarding claim5S, modified Choi ‘595 teaches the positive electrode active material according
`
`to claim 4, but does not explicitly disclose that a space group of the layered structureis at least one
`
`space group selected form the group consisting of a space group C2/m and a space group R-3m.
`
`Kawasato ‘737 discloses a lithium-containing composite oxide that contains Li, Ni, Co, Mn, and
`
`optionally F, like Choi ‘595, exhibiting excellent battery performance ([0021] & [0022]). Further, the
`
`lithium composite oxide has a crystal structure of space group R-3m confirmed by X-ray diffraction and
`
`by detecting peaks attributable to R-3m ([0022] & [0023]). Therefore, prior to the effectivefiling date of
`
`the claimed invention, it would have been obvious to a person of ordinary skill in the art, to provide a
`
`lithium composite oxide for a positive electrode active material, as taught by modified Choi ‘595, having
`
`a crystal structure of space group R-3m to increase the battery performance of a lithium battery
`
`comprising the same, as suggested by Kawasato ‘737.
`
`Claims 6,7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`20160336595 (Choi ‘595) in view of US 20180006294 (Lee ‘294).
`
`Regarding claims 6, 7, and 8, Choi ‘595 teachesthe positive electrode active material according
`
`to claim 1, but does not explicitly teachthat the lithium composite oxide is a multiphase mixture that
`
`has a first phase with a crystal structure belonging to a space group Fm-3m and asecond phase witha
`
`crystal structure belonging to a space group other thanthe space group Fm-3m, such as Fd-3m.
`
`Lee ‘294 discloses that Ni-rich nickel-manganese-cobalt (NMC) cathode materials witha layered
`
`structure undergo structural degradation from the layered R-3m phase to the spinel-like Fd-3m phase
`
`and the rock-salt Fm3m phase ([0011]). As Choi ‘595 discloses a modified Ni-rich NMC positive electrode
`
`active material having a formula that satisfies the mathematical formula required by claim 1, it would be
`
`obvious to a person of ordinary skill in the art, prior tothe effective filing date of the claimed invention,
`
`

`

`Application/Control Number: 17/159,245
`Art Unit: 1728
`
`Page 10
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`for the madified Ni-rich NMC positive electrode active material of Choi ‘595 to exhibit a multiphase
`
`crystal structure witha first phase belonging to Fm-3m and a second phase belonging to Fd-3m, as
`
`suggestedby Lee ‘294.
`
`Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 20160336595 (Choi
`
`£595) in view of US 20190267673 (Park ‘673).
`
`Regarding claim 11, Choi ‘595 teaches the positive electrode active material according to claim
`
`10, but does not explicitly teach that the lithium composite oxide contains Bi
`
`Park ‘673 discloses a positive active material with improved high-voltage and high-temperature
`
`characteristics foralithium secondary battery ([0038]). Like Choi ‘595, the formula for the positive
`
`electrode material of Park ‘673 is a lithium composite oxide that contains F and Bi ({0031] - [0032)).
`
`Therefore, prior to the effective filing date of the claimed invention, it would have been obvious toa
`
`person of ordinary skill in the art to modify the formula for the positive electrode active material, as
`
`taught by Choi ‘595, to include Bi, as suggested by Park ‘673, to provide a positive electrode active
`
`material with improved high-voltage and high-temperature characteristics for a lithium secondary
`
`battery.
`
`Claims 18, 19, 20, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over US
`
`20180006294 (Lee ‘294) in view of US 20160336595 (Choi ‘595).
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`Regarding claims 18 and 19, Lee ‘294 teaches a positive electrode active material comprising: a
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`lithium composite oxide,
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`wherein the lithium composite oxide has a crystal structure belonging to a space group Fd -3m
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`and a second phase with a crystal structure belonging to a space group other thanthe space group
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`Fm-3m (Lee ‘294 discloses that Ni-rich nickel-manganese-cobalt (NMC) cathode materials witha layered
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`structure undergo structural degradation from the layered R-3m phase to the spinel-like Fd-3m phase
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`and the rock-salt Fm3m phase ([0011])).
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`

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`Application/Control Number: 17/159,245
`Art Unit: 1728
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`Page 11
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`Lee ‘294 does notdisclose that the lithium composite oxide contains at least one element
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`selected from the group consisting ofBi, La, Ce, Ga, Sr, Y, and Sn, and
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`0.05 < integrated intensity ratio | j1g-20>/ljas-46) $ 0.90 (I),
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`wherethe integrated intensity ratio I (1g°-20%)/l(43--46+) is a ratio of an integrated intensityI(1¢-20%) to
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`an integratedintensity I(43-..6),
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`the integratedintensity /l,43--46-)is an integrated intensity ofa first peak that is a maximum
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`peak present in a range of angle ofdiffraction 26 greater than or equal 43° and less than or equal to
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`46° in an X-ray diffraction pattern of the lithium composite oxide, and
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`the integrated intensity I(1g-.20-is an integrated intensity of a second peak thatis a maximum
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`peak presentin a range of angle ofdiffraction 26 greater than or equal to 18° and less than or equal
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`to 20° in the X-ray diffraction pattern of the lithium composite oxide.
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`Choi ‘595 discloses a positive electrode active material (a positive active material; [0011])
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`comprising: a lithium composite oxide (metal oxide composites are used as the positive active material;
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`[0006], wherein the lithium composite oxide contains at least one element selected fromthe group
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`consisting of Bi, La, Ce, Ga, Sr, Y, and Sn (Li,Ni,Co.MngG.O>.T; (0.90<a<1.8,0<b<0.9, 0<c<0.5,
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`0<d<0.5, 0.001<e<0.1,0<f<0.05); Gis La or CeandT is F; paragraph [0013]). The formula of Choi ‘595
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`is alithium composite oxide, wherein the formula contains F and La or Ce. For example, whenGis La, T
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`is F, a=1.2, b=0.11, c=0.11, d=0.47, e=0.1, and f=0.05, the following formula can be understood:
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`LigaN. 11 €09.11 Mino47La91O0195Fo.95. The previously understood formula disclosed by Choi corresponds to
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`the formulas disclosed in Table 1 of the presently filed specification on page 54, specifically example 4.
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`Advantageously, the positive active material of Choi ‘595 for a rechargeable lithium battery has
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`excellentlife-span characteristic at high temperature and high-voltage conditions ([0010)).
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`Regarding product and apparatusclaims, when the structure recited in the referenceis
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`substantially identicalto that of the claims, claimed properties or functions are presumed to be
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`

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`Application/Control Number: 17/159,245
`Art Unit: 1728
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`Page 12
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`inherent. The Courts have held that it is well settled that where there is a reasonto believe that a
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`functional characteristic would be inherent in the prior art, the burden of proof then shifts to the
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`applicant to provide objective evidence to the contrary. See /nre Schreiber, 128 F.3d at 1478, 44
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`USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2114I.). Inthe instant case, whenthe
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`following formula: Li,2Nip.174©09.14Mno.47Lap 10195Fo 05 Is Selected based onthe disclosure of Choi ‘595,
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`which corresponds to the formulas disclosed in Table 1 of the presentlyfiled specification on page 54,
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`specifically example 4,it is the examiner’s position that the properties required by claim 18 and
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`reproduced above, would be provided.
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`Therefore, prior to the effective filing date of the claimed invention, it would have been obvious
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`toa personof ordinaryskill in the art to modify the modified NMC cathode material of Lee ‘294, such
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`that the modified NMC formula (Liz.2Nig.11C09.11MNo.47Lap.101 95F.95), as disclosed by Choi ‘595, satisfies
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`the mathematical formula required by claim 18 and exhibits the same properties required by claim 18,
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`because the claimed properties are presumedto be inherent, such that the life-span characteristics of
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`the battery comprising the modified NMC formula is improved.
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`Regarding claim 20, modified Lee ‘294 teachesthe positive electrode active material according
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`to claim 19, wherein the crystal structure of the second phase belongsto at least one space group
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`selected form the group consisting of a space group Fd-3m, a space group R-3m, and a space group
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`C2/m (Lee ‘294 discloses that Ni-rich nickel-manganese-cobalt (NMC) cathode materials witha layered
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`structure undergo structural degradation from the layered R-3m phase to the spinel-like Fd-3m phase
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`and the rock-salt Fm3m phase ([0011])).
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`Regarding claim 21, modified Lee ‘294 teaches the positive electrode active material according
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`to claim 20, wherein the crystal structure of the second phase belongs to the space group Fd-3m (Lee
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`‘294 discloses that Ni-rich nickel-manganese-cobalt (NMC) cathode materials with a layered structure
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`

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`Application/Control Number: 17/159,245
`Art Unit: 1728
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`Page 13
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`undergo structural degradation from the layered R-3m phase to the spinel-like Fd-3m phase and the
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`rock-salt Fm3m phase ([0011])).
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can
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`normally be reached Monday through Friday from 8:30 AM - 5:30 PM EST.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`MATTHEWT MARTIN can be reached on 571-270-7871. The fax phone number for the organization
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`wherethis application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be obtained from
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`Patent Center. Unpublished application information in Patent Center is available to registered users. To
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`file and managepatent submissions in Patent Center,visit: https://patentcenter.uspto. gov.Visit
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`
`/TAYLOR HARRISON KRONE/
`Examiner, Art Unit 1728
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`/MATTHEWT MARTIN/
`Supervisory Patent Examiner, Art Unit 1728
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`Application/Control Number: 17/159,245
`Art Unit: 1728
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`Page 14
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