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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/3/2025 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 11/3/2025. Claims 1, 3, 4, 6, 8, 12-16 are pending. Applicant’s arguments have been considered. Claims 1, 3, 4, 6, 8, 12-16 are non-finally rejected for reasons below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1, 3, 4, 6, 8, 12-16 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hwang (US 2016/0181599) in view of Sun (US 2009/0068561) and Sun (US 2014/0158932).
Regarding claim 1, Hwang discloses a lithium secondary battery, comprising:
a cathode formed from a cathode active material including a lithium metal oxide particle containing nickel (Ni) and manganese (Mn),
an anode formed from an anode active material containing a graphite-based material having a crystal interplanar distance (d002) of 3.356 to 3.365A,
a separator interposed between the cathode and the anode,
a non-aqueous electrolyte immersing the cathode and the anode,
wherein the lithium metal oxide particle includes, in a direction from a center toward a surface of the particle, a core region, a concentration gradient region, and a peripheral portion,
wherein the lithium metal oxide particle includes a core region, a concentration gradient region, and a peripheral region in a direction from a center toward a surface of the particle.
wherein the core region embraces at least 50% of the radius of the lithium metal oxide particle from the center and has constant concentrations of metal elements (Table 1),
wherein an average particle diameter of the lithium metal oxide particle is 3 um to 15 um [0076], wherein an atomic percentage (atomic %) of Ni in an overall average chemical composition of the lithium metal oxide particle is from 0.6 to 0.95 [0075].
Regarding claim 3, a Ni concentration continuously decreases and a Mn concentration continuously increases from the center toward the surface in the concentration gradient region of the lithium metal oxide particle (Table 1).
Regarding claim 4, the lithium metal oxide particle further comprises cobalt (Co), wherein a concentration of Co is constant from the center to the surface [0075].
Regarding claim 6, a difference in amounts between a concentration gradient slope of Ni and a concentration gradient slope of Mn may be 5% or less in the concentration gradient region, Hwang discloses the slope of Ni and the slope of Mn are the same: between site 4 to site 6 in Table 1.
Regarding claim 7, the lithium metal oxide particle includes a core region having constant concentrations of metal elements and embracing at least 50% of a radius of the lithium metal oxide particle from the center, Table 2 discloses that the core part extends from site 1 to site 11.
Regarding claim 8, the concentration gradient region is extended from a surface of the core region.
Regarding claim 12, an overall average chemical composition the lithium metal oxide particle is represented by Chemical Formula as claimed [0075].
Regarding claim 13, the anode active material includes a natural graphite and an artificial graphite [0088].
Regarding claim 14, a crystal interplanar distance (d002) of the natural graphite may be 3.356 to 3.360A and a crystal interplanar distance (d002) of the artificial graphite may be 3.361 to 3.365A [0088].
Regarding claim 15, the anode active material includes a natural graphite and an artificial graphite in a weight ratio of more than 0:100 and 90:10 or less. See Table 3.
Regarding claim 16, a mixed weight ratio of the natural graphite and the artificial graphite is 10:90 to 50:50. See Table 3.
Regarding claim 1, Hwang discloses wherein the concentration gradient region is formed at a region adjacent the core region, but does not disclose has a total length in a direction from the center toward the surface of the particle of from 40nm to 500nm, each of Ni and Mn has a constant concentration gradient slope in an entire region of the concentration gradient region. Sun ‘561 teaches the positive active material having an internal bulk part and an external bulk part surrounding the internal bulk part, wherein the metal composition is present in a continuous concentration gradient from the interface between the internal bulk part and the external bulk part to the surface of the active material [0045]. [0048] The volume of the internal bulk part ranges from 50 and 90 volume %. When the internal bulk part is less than 35 volume %, the discharge capacity is decreased. When it is more than 95 volume %, the thermal safety is deteriorated [0048]. It is noted that the balance is made of external bulk region, and hence, the volume of the external bulk region is between 10 volume% to 50 volume%. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the internal volume of Hwang, as taught by Sun ‘561, for the benefit of having good thermal safety. It is noted that adjusting the internal volume necessarily adjusts the external volume, and hence the length of the external volume.
Regarding claim 1, Hwang discloses a peripheral portion, wherein the peripheral portion extends from the surface of the particle in a direction toward the center of the particle, and has constant concentrations of Ni and Mn (Table 1), but does not disclose has a total length in a direction from the surface toward the center of the particle of from 30nm to 60nm. Sun ‘932 teaches a positive electrode active material comprising a surface maintaining layer, where the concentrations of metal ions are constant. Namely, stability and electrochemical characteristic of a structure itself may be improved by further forming a surface maintaining layer, where the concentrations of all transition metal making up the positive electrode active material are constant, on the outside of the particle [0033]. The surface maintaining layer has a thickness of 0.2 um [0067]. The surface maintaining layer improved the lifetime characteristic and its thermal (DSC) characteristic. See Example 1-2 in Table 1.
Further, Sun ‘932 teaches adjusting the shell thickness varies the battery capacity, its lifetime characteristic and thermal characteristic. See Table 13 and 14. Sun ‘932 clearly teaches that the constant concentration shell thickness is a result effective variable. It has been held by the courts that discovering an optimum value or workable ranges of a result-effective variable involves only routine skill in the art, and thus not novel. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). See MPEP 2144.05.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add adjust the thickness of the surface layer with constant metal concentration of Hwang, as taught by Sun ‘932, for the benefit of improving its lifetime and thermal characteristics.
The Examiner notes that the teaching of Sun ‘932 is not limited to 0.2 um, and that adjusting the shell thickness to greater than or less than 0.2 would have been within the skill of an ordinary artisan, absent persuasive evidence that the claimed range of 30 um to 60 um is critical.
Regarding claim 1, a ratio of a concentration (atomic%) of Ni with respect to a concentration (atomic%) of Mn at the surface and in the peripheral portion of the lithium metal oxide particle is 0.29 to 1.27, Sun ‘932 teaches a lithium transition metal oxide in Example 16-3 and 16-4 with a core composition of 70:10:20 of Ni:Mn:Co. Example 16-3 has a shell composition of 50:20:30, and Example 16-4 has a shell composition of 40:20:40. Example 16-3 has a shell Ni/Mn ratio of 1.67, and Example 16-4 has a shell Ni/Mn ratio of 1. The capacity is 181.9 mAh/g when the Ni/Mn ratio is 1.67, and the capacity is 182.8 mAh/g when the Ni/Mn ratio is 1. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the shell of Hwang with a Ni/Mn ratio near 1, as taught by Sun ‘932, for the benefit of increasing the capacity.
Regarding claim 1, Hwang modified by Sun ‘561 and Sun ‘932 teaches wherein the concentration gradient region is formed at a region between the core region and the peripheral portion.
Regarding claim 10, Hwang modified by Sun ‘561 and Sun ‘932 teaches the concentration gradient region is formed at a region between the core region and the peripheral portion.
Response to Arguments
Regarding arguments dated 11/3/2025:
Regarding claim 1, a ratio of a concentration (atomic%) of Ni with respect to a concentration (atomic%) of Mn at the surface and in the peripheral portion of the lithium metal oxide particle is 0.29 to 1.27, Sun ‘932 teaches a lithium transition metal oxide in Example 16-3 and 16-4 with a core composition of 70:10:20 of Ni:Mn:Co. Example 16-3 has a shell composition of 50:20:30, and Example 16-4 has a shell composition of 40:20:40. Example 16-3 has a shell Ni/Mn ratio of 1.67, and Example 16-4 has a shell Ni/Mn ratio of 1. The capacity is 181.9 mAh/g when the Ni/Mn ratio is 1.67, and the capacity is 182.8 mAh/g when the Ni/Mn ratio is 1. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the shell of Hwang with a Ni/Mn ratio near 1, as taught by Sun ‘932, for the benefit of increasing the capacity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751