DETAILED ACTION
Claims 1-19 are presented for examination, wherein claims 1, 9, 17, and 19 are currently amended; claims 4, 8, and 10-15; plus, species A.1, A.3, and B.2 are withdrawn.
The 35 U.S.C. § 103 rejection of claims 1-3, 5-7, and 9 plus previously added claims 16-19 over Senoue as modified is withdrawn, as a result of the amendments to claim 1, from which the other claims depend. However, see infra.
The 35 U.S.C. § 103 rejection of claim 5 plus previously added claims 16-18 over Senoue as modified is withdrawn, as a result of the amendments to claim 1, from which the other claims depend. However, see infra.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-7, and 9 plus previously added claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al (US 2012/0164533) in view of Nomura et al (US 2011/0318631); alternatively, Senoue et al (Id) in view of Sakaguchi et al (US 2018/0034102) and Nomura et al (Id).
Regarding newly amended independent claim 1, Senoue teaches a positive electrode active material for use in a nonaqueous electrolyte lithium ion secondary battery with high energy density and providing improved cycle characteristics, said active material including a first lithium composite oxide, which may be e.g. LiCoO2 or LiNiO2, and a second lithium composite oxide, which may be a lithium-rich composite, such as a Li2NiO2-based composite oxide in which a part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals, wherein said second lithium composite oxide is preferentially used in order for said active material to occlude and emit lithium ions during the initial charge and discharge of said secondary battery (first cycle), differently from said first lithium composite oxide, such that said lithium ions during said initial charge and discharge are mainly consumed to form a stable SEI film (e.g. ¶¶ 0013, 18, 29, 34-35, 38, 41-43, 50-58, 66, and 69), reading on “positive electrode material for secondary batteries;” alternatively, the preamble limitation “for secondary batteries” is interpreted as merely indented use and does not patentably distinguish the instant invention, see e.g. MPEP § 2111.02, said active material comprising:
said second lithium composite oxide, which is said lithium rich composite, may be e.g. said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see e.g. MPEP § 2144.05(I), reading on “a Li-rich transition metal oxide having a lithium-to-oxygen atomic ratio: Li/O of 0.8 or more.”
Senoue teaches said positive electrode active material for use in said nonaqueous electrolyte lithium ion secondary battery (e.g. supra), wherein said positive electrode active material is formed into a layer on at least one surface of a positive electrode current collector (e.g. ¶0073), but does not expressly teach the newly amended limitation “…an anhydride of the dicarboxylic acid, wherein the anhydride of the dicarboxylic acid includes at least one selected from the group consisting of malonic anhydride and adipic anhydride.”
However, Nomura teaches a non-aqueous lithium secondary battery comprising a positive electrode is not particularly limited, but examples of active material include lithium-containing transition metal oxides having a layered structure expressed as Li1+xMO2 (−0.1<x<0.1, M: Co, Ni, Mn, Al, Mg, etc.), specific examples of the lithium-containing transition metal oxides having a layered structure include LiCoO2 and LiNi1-xCox-yAlyO2 (0.1≤X≤0.3, 0.01≤Y≤0.2) in addition to oxides containing at least Co, Ni and Mn (e.g. LiMn1/3Ni1/3Co1/3O2),
wherein an acid anhydride additive, such as malonic anhydride, maleic anhydride, succinic anhydride, and glutaric anhydride, or a combination of two or more contained in a nonaqueous electrolyte acts on the surface of the positive electrode to suppress a reaction between said nonaqueous electrolyte and said positive electrode, thereby improving the safety and high-temperature storability of the battery (e.g. ¶¶ 0012, 89-94, 98, and 122).
As a result, it would have been obvious to incorporate said acid anhydride additive of Nomura, which may be at least malonic anhydride and may further include maleic anhydride, succinic anhydride, and/or glutaric anhydride, on the surface of the positive electrode active material of Senoue, since Nomura teaches said acid anhydride additive acts on the surface of the positive electrode to suppress a reaction between said nonaqueous electrolyte and said positive electrode.
The examiner appreciates that said acid anhydride additive is incorporated within the electrolyte, but notes that the effect is on the surface of said positive electrode, so it would have been obvious to incorporate said acid anhydride additive on said positive electrode active material surface in order to ensure the surface is protected such that said suppressed reaction is minimized.
In the alternative, Sakaguchi teaches a nonaqueous electrolytic solution for a secondary battery which exhibits excellent high-temperature storage characteristics, and a secondary battery including the nonaqueous electrolytic solution,
wherein said nonaqueous electrolytic solution forms a coating on a surface of electrode active material, thereby suppressing a reduction of capacity retention ratio even after exposure to the high-temperature environments, improving characteristics such as thermal stability, coating quality, and high-temperature storage characteristics,
wherein said nonaqueous electrolytic solution comprises at least one component (A) represented by the general formula (1); a component (B) consisting of a boron complex salt represented by the general formula (2); and at least one component (C) selected from acid anhydrides, wherein
said at least one component (A) represented by the general formula (1) may be a lithium phosphate, such as e.g. lithium diethyl phosphate and lithium bis(2,2,2-trifluoroethyl)phosphate;
said component (B) consisting of a boron complex salt represented by the general formula (2) may be e.g. lithium bis(salicylato)borate or lithium bis[1,2’-benzenediolato(2)-O,O’]borate; plus,
said at least one component (C) may be selected from acid anhydrides, such as maleic anhydride and glutaric anhydride, and is not limited thereto (e.g. ¶¶ 0001, 09-31, 24-27, and 74-76).
As a result, it would have been obvious to a person of ordinary skill in the art to use the nonaqueous electrolytic solution of Sakaguchi for the nonaqueous electrolytic solution of Senoue, wherein Sakaguchi teaches its nonaqueous electrolytic solution forms said coating on active material that suppresses said reduction of capacity retention ratio even after exposure to high-temperature environments plus improves characteristics such as thermal stability, coating quality, and high-temperature storage characteristics, noting said nonaqueous electrolytic solution may comprise at least one component (A), such as said lithium diethyl phosphate and lithium bis(2,2,2-trifluoroethyl)phosphate; said component (B), such as said lithium bis(salicylato)borate and lithium bis[1,2′-benzenediolato(2)-O,O’]borate; plus, said at least one component (C), such as said maleic anhydride and glutaric anhydride, since Sakaguchi teaches its nonaqueous electrolytic solution and coating on active material suppresses a reduction of capacity retention ratio even after exposure to the high-temperature environments, improves characteristics such as thermal stability, improves coating quality, and/or improves high-temperature storage characteristics.
Further, Nomura teaches said non-aqueous lithium secondary battery comprising said positive electrode active material and said nonaqueous electrolyte, wherein said acid anhydride additive, such as malonic anhydride, maleic anhydride, succinic anhydride, glutaric anhydride, and a combination of two or more, contained in said nonaqueous electrolyte acts on the surface of the positive electrode to suppress said reaction between said nonaqueous electrolyte and said positive electrode, thereby improving the safety and high-temperature storability of the battery (e.g. supra).
As a result, it would have been obvious to combine malonic anhydride or substitute at least said malonic anhydride of Nomura with/at least some of said maleic anhydride or glutaric anhydride of Senoue as modified, which is in said nonaqueous electrolytic solution and coating on active material, since Nomura teaches they are equivalent electrolyte additives, see also e.g. MPEP § 2144.06, reading on said newly amended limitation.
Senoue as modified reading on said newly amended limitation.
Regarding claim 2, Senoue as modified teaches the active material of claim 1, wherein Senoue teaches said second lithium composite oxide, which may be said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals (e.g. supra), wherein non-limiting examples of said second lithium composite oxide include Li2Ni0.95Al0.05O2, Li2Ni0.85Al0.15O2, Li2Ni0.4Cu0.55Al0.05O2, Li2Ni0.85Mn0.05Ti0.05Al0.05O2, Li2Ni0.8Co0.15Al0.05O2, Li2Ni0.6Cu0.35Al0.05O2, Li2.05Ni0.925Al0.05O2, and Li2.05Ni0.925Al0.05O2 (e.g. ¶¶ 0030-31 and 53-56, plus e.g. Table 1), severably establishing a prima facie case of obviousness of the claimed ranges, see e.g. MPEP § 2144.05(I), reading on “the Li-rich transition metal oxide is a first composite oxide represented by a general formula (1):
LiX1M1A12,
where 1.5≤X1≤2.3…, M1 including at least one selected from the group consisting of Ni, Co, Mn, Cu, and Fe, A1 including at least oxygen, A1 having an oxygen content of 85 atom % or more.
Senoue teaches said second lithium composite oxide may be e.g. said Li2NiO2-based composite oxide in which a part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals, including said non-limiting examples incorporated herein by reference (e.g. supra), but does not expressly teach the limitation “first composite oxide…belonging to a space group Immm.”
However, Senoue teaches a substantially identical composition (e.g. supra, compared with instant specification, at e.g. ¶¶ 0017-21 and 115), establishing a prima facie case of obviousness, see also e.g. MPEP § 2112.01.
Regarding claim 3, Senoue as modified teaches the active material of claim 2, wherein Senoue teaches said second lithium composite oxide, which may be said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals, wherein said non-limiting examples of said second lithium composite oxide include Li2Ni0.95Al0.05O2, Li2Ni0.85Al0.15O2, Li2Ni0.4Cu0.55Al0.05O2, Li2Ni0.85Mn0.05Ti0.05Al0.05O2, Li2Ni0.8Co0.15Al0.05O2, Li2Ni0.6Cu0.35Al0.05O2, Li2.05Ni0.925Al0.05O2, and Li2.05Ni0.925Al0.05O2 (e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see e.g. MPEP § 2144.05(I), reading on “the first composite oxide is represented by a general formula (1a):
LiX1M1A1-X2M1BX2O2-YA2Y,
where 0≤x2≤0.5, 0≤y≤0.3, and at least one of X2 and Y not being 0, M1A being at least one selected from the group consisting of Ni, Co, Mn, Cu, and Fe, M1B including at least one selected from the group consisting of Al, Mg, Sc, Ti, Cr, V, Zn, Ga, Zr, Mo, Nb, Ta, and W, A2 including at least one selected from the group consisting of F, Cl, Br, S, and P.”
Regarding claim 5, Senoue as modified teaches the active material of claim 1, wherein Senoue teaches said first lithium composite oxide, which may be e.g. LiCoO2 or LiNiO2 (e.g. supra), wherein it would have been obvious to a person of ordinary skill in the art to use a mixture of both LiCoO2 and LiNiO2 by substituting at least part of one with the other in varying amounts of each; alternatively, combining both in various amounts of each other, see e.g. MPEP § 2144.06, establishing a prima facie case of obviousness of the claimed range, see e.g. MPEP § 2144.05(I), reading on “further comprising a third composite oxide…, wherein the third composite oxide is represented by a general formula: LiX4M3O2, where 0.8≤x4≤1.2, M3 including at least one selected from the group consisting of Co, Mn, Cu, Fe, and Cr.”
Senoue teaches said first lithium composite oxide may be e.g. LiCoO2 or LiNiO2 (e.g. supra), but does not expressly teach the limitation “third composite oxide belonging to a space group R-3m.”
However, Senoue teaches a substantially identical composition, LiCoO2 or LiNiO2 (e.g. supra, compared with instant specification, at e.g. ¶¶ 0034, 62, 64-66, 95, and 103), establishing a prima facie case of obviousness, see also e.g. MPEP § 2112.01.
Regarding claim 6, Senoue as modified teaches the active material of claim 5, wherein Senoue teaches said first lithium composite oxide is provided in a proportion larger than that of said second lithium composite oxide, with examples such as 90:10 and 88:12 by weight; and further teaches a proportion of said second lithium composite oxide with respect to said first and second lithium composite oxides be set in such a manner that a charge capacity vs negative electrode of said second lithium composite oxide becomes Z % or less with respect to a total charge capacity of the positive electrode; for example, when the irreversible capacity is 30% with respect to the total charge capacity of the negative electrode, it is preferable that said proportion of said second lithium composite oxide be set in such a manner that said charge capacity becomes 30% or less with respect to said total charge capacity of the positive electrode (e.g. ¶¶ 0061-62 plus e.g. Tables 1 and 3), establishing a prima facie case of obviousness of the claimed range, see e.g. MPEP § 2144.05(I), reading on “a ratio of the Li-rich transition metal oxide to a total of the Li-rich transition metal oxide and the third composite oxide is 0.3 to 20 mass %.”
Regarding claim 7 and newly amended claim 9, Senoue as modified teaches the active material of claim 5, wherein said acid anhydride additive, which may be at least said malonic anhydride and may further include maleic anhydride, succinic anhydride, and/or glutaric anhydride, is incorporated on said surface of said positive electrode active material surface; alternatively, said coating on said active material comprises said malonic anhydride and further maleic anhydride or glutaric anhydride (e.g. supra), noting that the elected subject matter is the “anhydride of the dicarboxylic acid,” so the previously amended limitation “the dicarboxylic acid has 3-6 carbon atoms” (claim 7) does not patentably distinguish the instant invention; alternatively, said acid anhydride may be malonic anhydride, so an acid of said anhydride reads on said previously amended limitation; plus, reads on the newly amended limitation “the anhydride of the dicarboxylic acid further includes a maleic anhydride, glutaric anhydride, and/or succinic anhydride” (claim 9).
Regarding previously added claim 16, Senoue as modified teaches the active material of claim 5, wherein Senoue teaches said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2, provided in said lithium ion secondary battery (e.g. supra), which includes an initial charge and discharge (e.g. ¶¶ 0013 and 21), but does not expressly teach the limitation “a half width w of a diffraction peak corresponding to the (101) plane of the Li-rich transition metal oxide is 10 times or more as large as a half width of a highest intensity diffraction peak of the third composite oxide.”
However, Senoue teaches a substantially identical positive electrode active material—comprising said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2—provided in a lithium ion secondary battery that includes an initial charge/discharge, compared with instant specification, at e.g. ¶¶ 0040-42, establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01, noting the instant specification indicates said property results from an amorphous structure resulting during an “the initial charge, when the lithium ions are desorbed from the Li-rich transition metal oxide” (instant specification, at e.g. ¶¶ 0040-42).
Regarding previously added independent claims 17-19, Senoue and Nomura; alternatively, Senoue, Sakaguchi, and Nomura are applied as provided supra, with the following modifications.
Still regarding newly amended, previously added independent claim 17, Senoue as modified teaches said active material of Senoue includes said positive electrode active material comprising said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2, provided in said lithium ion secondary battery that includes an initial charge/discharge (e.g. supra), but does not expressly teach the limitation “the positive electrode material partially has an amorphous structure mainly composed of LiM4O2, a transition metal oxide mainly composed of one selected from the group consisting of LiFeO2, CoO and MnO, and/or a transition metal oxide mainly composed of a composite of at least two selected from the group consisting of LiFeO2, CoO, and MnO, M4 including at least one selected from the group consisting of Ni, Co, Mn, Cu and Fe.”
However, Senoue teaches a substantially identical positive electrode active material (said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2—provided in a lithium ion secondary battery that includes an initial charge/discharge, compared with instant specification, at e.g. ¶¶ 0040-42), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01, noting the instant specification indicates said property results from an amorphous structure resulting during an “the initial charge, when the lithium ions are desorbed from the Li-rich transition metal oxide” (instant specification, at e.g. ¶0040).
Regarding the newly added process limitation “the positive electrode material is: a positive electrode active material powder prior to incorporation into a secondary battery, a positive electrode material mixture prior to incorporation into a secondary battery, a slurry of a positive electrode material mixture dispersed in a liquid dispersion medium prior to incorporation into a secondary battery, or a positive electrode material layer included in a completed positive electrode prior to incorporation into a secondary battery” (emphasis added), said process limitation does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2113.
Still regarding previously added claim 18, Senoue as modified teaches said active material of claim 17, wherein Senoue teaches said first lithium composite oxide, which may be e.g. LiCoO2 or LiNiO2, provided in said lithium ion secondary battery (e.g. supra), which includes an initial charge and discharge (e.g. ¶¶ 0013 and 21), but does not expressly teach the limitation “a half width w of a diffraction peak corresponding to the (101) plane of the Li-rich transition metal oxide obtained by X-ray diffractometry satisfies w > 1.5°.”
However, Senoue teaches a substantially identical positive electrode active material (said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2—provided in a lithium ion secondary battery that includes an initial charge/discharge, compared with instant specification, at e.g. ¶¶ 0040-42), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01, noting the instant specification indicates said property results from an amorphous structure resulting during an “the initial charge, when the lithium ions are desorbed from the Li-rich transition metal oxide” (instant specification, at e.g. ¶0040).
Still regarding newly amended, previously added independent claim 19, Senoue as modified teaches said nonaqueous electrolytic solution of Sakaguchi forming said coating may comprise at least one component (A), such as said lithium diethyl phosphate and lithium bis(2,2,2-trifluoroethyl)phosphate; said component (B), such as said lithium bis(salicylato)borate and lithium bis[1,2′-benzenediolato(2)-O,O′]borate; plus, said at least one component (C), such as said maleic anhydride and glutaric anhydride (e.g. supra), reading on “…an anhydride of the dicarboxylic acid, wherein the positive electrode material has a surface at least partially covered with a coating containing lithium, oxygen, and carbon.”
Regarding the newly added process limitation “the positive electrode material is: a positive electrode active material powder prior to incorporation into a secondary battery, a positive electrode material mixture prior to incorporation into a secondary battery, a slurry of a positive electrode material mixture dispersed in a liquid dispersion medium prior to incorporation into a secondary battery, or a positive electrode material layer included in a completed positive electrode prior to incorporation into a secondary battery” (emphasis added), said process limitation does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2113.
Claim 5 and previously added claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al (US 2012/0164533) in view of Nomura et al (US 2011/0318631), as provided supra, and further in view of Park et al (US 2004/0200998); alternatively, Senoue et al (Id) in view of Sakaguchi et al (US 2018/0034102) and Nomura et al (Id), as provided supra, and further in view of Park et al (Id).
Regarding claim 5 and previously added claims 16-18, Senoue and Nomura; alternatively, Senoue, Sakaguchi, and Nomura are applied as provided supra, with the following modifications.
Still regarding claim 5, previously added claims 16 and 18, and newly amended, previously added claim 17, Senoue as modified teaches said active material, wherein Senoue teaches said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2, provided in said lithium ion secondary battery (e.g. supra).
Further, Park teaches cathode active materials for lithium or lithium ion secondary batteries by forming an outer layer composed of amorphous complex lithium cobalt oxides, such as LiCoO2, on a surface of a core particle composed of a complex lithium metal oxide, such as LiCoO2, said outer layer composed of amorphous complex lithium cobalt oxides resulting in enhanced high temperature storage properties, cycle life, and safety of the battery (e.g. ¶¶ 0001, 03-04, and 07-13 plus e.g. claims 1-3).
As a result, it would have been obvious to incorporate said amorphous LiCoO2 coating of Park on surfaces of at least some LiCoO2 particles of Senoue as modified, since Park teaches said amorphous LiCoO2 coating on surfaces of LiCoO2 results in enhanced high temperature storage properties, cycle life, and/or safety of the battery.
Senoue as modified teaches said first lithium composite oxide may be said mixture/combination of LiCoO2 and LiNiO2, wherein at least some LiCoO2 particles have on their surface said amorphous LiCoO2 coating of Park, reading on “further comprising a third composite oxide belonging to a space group R-3m, wherein the third composite oxide is represented by a general formula: LiX4M3O2, where 0.8≤x4≤1.2, M3 including at least one selected from the group consisting of Co, Mn, Cu, Fe, and Cr” (claim 5) and “the positive electrode material partially has an amorphous structure mainly composed of LiM4O2, a transition metal oxide mainly composed of one selected from the group consisting of LiFeO2, CoO and MnO, and/or a transition metal oxide mainly composed of a composite of at least two selected from the group consisting of LiFeO2, CoO, and MnO, M4 including at least one selected from the group consisting of Ni, Co, Mn, Cu and Fe” (claim 17).
Further still regarding previously added claims 16 and 18, Senoue as modified teaches said active material including said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals plus said first lithium composite oxide, which may be said mixture/combination of LiCoO2 and LiNiO2, provided in said lithium ion secondary battery, wherein at least some LiCoO2 particles have on their surface said amorphous LiCoO2 coating of Park, (e.g. supra), but does not expressly teach the limitations of “a half width w of a diffraction peak corresponding to the (101) plane of the Li-rich transition metal oxide is 10 times or more as large as a half width of a highest intensity diffraction peak of the third composite oxide” (claim 16, depending from claim 5) or “a half width w of a diffraction peak corresponding to the (101) plane of the Li-rich transition metal oxide obtained by X-ray diffractometry satisfies w > 1.5°” (claim 18, depending from claim 17).
However, said second lithium composite oxide, which may be said lithium-rich composite, such as said Li2NiO2-based composite oxide in which said part of Li2NiO2 or Ni may be substituted with one kind or two or more kinds of transition metals is a substantially identical composition (e.g. supra, compared with instant specification, at e.g. ¶¶ 0019-20 and 113-115), establishing a prima facie case of obviousness it has the properties of the claimed “Li-rich transition metal oxide,” see also e.g. MPEP § 2112.01; plus,
said active material includes said first lithium composite oxide may be said mixture/combination of LiCoO2 and LiNiO2, provided in said lithium ion secondary battery, wherein at least some LiCoO2 particles have on their surface said amorphous LiCoO2 coating of Park, wherein said amorphous LiCoO2 coating of Park is a substantially identical composition (e.g. supra, compared with instant specification, at e.g. ¶¶ 0040-42), establishing a prima facie case of obviousness it has the properties of the claimed “amorphous structure,” see also e.g. MPEP § 2112.01, noting the instant specification indicates said property results from an amorphous structure resulting during an “the initial charge, when the lithium ions are desorbed from the Li-rich transition metal oxide” (instant specification, at e.g. ¶0040).
Senoue as modified establishing a prima facie case of obviousness of the claimed limitations of claims 16 and 18, including the relative properties of claim 16.
Response to Arguments
Applicant’s arguments filed February 14, 2025 have been fully considered but they are not persuasive.
First, the applicant alleges the following.
Applicant respectfully notes that now amended claim 1 further specifies that “the anhydride of the dicarboxylic acid includes at least one selected from the group consisting of malonic anhydride and adipic anhydride.”
Related to the above aspect, the current rejection notes that Sakaguchi teaches, among other things, “a nonaqueous electrolytic solution” which “forms a coating on a surface of electrode active material,” wherein one of three essential components of said solution is a "component (C) [that] may be selected from acid anhydrides, such as maleic anhydride and glutaric anhydride (e.g. ¶¶ 0001, 09-31, 24-27, and 74-76).”
While Sakaguchi at paragraph [0076] thereof includes a laundry list of anhydrides which contains “glutaric anhydride,” the list does not name “malonic anhydride” or “adipic anhydride.” The noted anhydrides disclosed in Sakaguchi are excluded from the listing of requisite anhydrides as set forth in amended claim 1.
Accordingly, Senoue arguendo modified with Sakaguchi would not satisfy all of the requirements of amended claim 1, and there would be no further rationale prompting a skilled artisan to modify the art of record so as to arrive at the invention as now presented.
(Remarks, at 10:3-11:1.)
In response, the examiner respectfully refers supra.
Second, the applicant alleges the following.
Applicant respectfully notes that each of now amended claims 17 and 19 further specifies that the recited positive electrode material, comprising a dicarboxylic acid and/or an anhydride of the dicarboxylic acid, “is: a positive electrode active material powder prior to incorporation into a secondary battery, a positive electrode material mixture prior to incorporation into a secondary battery, a slurry of a positive electrode material mixture dispersed in a liquid dispersion medium prior to incorporation into a secondary battery, or a positive electrode material layer included in a completed positive electrode prior to incorporation into a secondary battery.”
Related to the above aspect, the current rejection notes that Sakaguchi teaches, among other things, “a nonaqueous electrolytic solution” which “forms a coating on a surface of electrode active material,” wherein one of three essential components of said solution is a "component (C) [that] may be selected from acid anhydrides, such as maleic anhydride and glutaric anhydride (e.g. ¶¶ 0001, 09-31, 24-27, and 74-76).”
While Sakaguchi may teach the anhydride as part of an electrolytic solution, the art of record is silent on the inclusion of the requisite anhydride of the dicarboxylic acid in the positive electrode material “prior to incorporation into a secondary battery,” e.g., before being combined with an electrolytic solution.
Moreover, applicant’s disclosure indicates technological significance of providing the anhydride forming part of the positive electrode material, as opposed to an additive to the electrolyte like that of Sakaguchi, where "merely by adding the dicarboxylic acid/anhydride to the electrolyte, it is difficult to form a coating on the surface of the Li-rich transition metal oxide”(¶0022). Given the resulting functional difference, the modification is more than an obvious variant of the reference teaching.
Accordingly, Senoue arguendo modified with Sakaguchi would not satisfy all of the requirements of amended claims 17 and 19, and there would be no further rationale prompting a skilled artisan to modify the art of record so as to arrive at the invention as now presented.
(Remarks, at 11:2-12:2.)
In response, the examiner respectfully refers supra.
Further, the examiner respectfully notes that the process limitations do not patentably distinguish the claims, as claimed.
Finally, the examiner respectfully refers to the teachings of Nomura and Sakaguchi, as e.g. noted supra.
Third, the applicant alleges the following.
Park, as currently applied as teaching amorphous LiCoO2 coating, cannot cure the deficiencies of Senoue in view of Sakaguchi noted above regarding claims 1, 17 and 19. Applicant respectfully submits that by addressing the rejection of parent claim 1 as detailed above, likewise the current rejection of claims 5 and 16 is addressed by nature of their dependency. And, at least for the above reasons, claim 17 as now presented, as well as its dependent claim 18, are not rendered obvious by Senoue in view of Sakaguchi and Park.
(Remarks, at 12:5.)
In response, the examiner respectfully refers supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawamura et al (US 2016/0351905); and,
Takanishi et al (US 2015/0270533).
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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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723