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 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 2, 4 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (US20160254572) in view of Grant (US20140310951).
Regarding Claim 1, Yu discloses a method of preparing a positive electrode for a secondary battery (method of preparing lithium battery, [0011], positive electrode, [0130]), comprising:
Preparing a positive electrode in which a positive electrode active material layer including a lithium transition metal oxide ([0052], [0131]) is formed on a positive electrode collector ([0051], [0131]); and
Impregnating the positive electrode in an electrolyte solution (pretreatment step of impregnating the electrode in a composition that includes a that includes a nonaqueous organic solvent and a salt, [0012], [0033], which forms SEI film) containing a film forming additive (film-forming agent, [0033]) and performing charge and discharge using a counter electrode ([0059-0060]).
The examiner notes that Yu does not directly disclose that the positive electrode is pre-lithiated. However, the instant specifications define the prelithiation method as impregnating the positive electrode in an electrolyte solution containing a film forming additive and applying charge and discharge currents using a counter electrode. Therefore, since Yu’s pretreatment process for the positive electrode includes impregnating the positive electrode in an electrolyte solution containing a film forming additive and applying charge and discharge currents using a counter electrode, it is the examiner’s position that Yu discloses a prelithiation method for the positive electrode.
Yu discloses a method of manufacturing a positive electrode that can be formed of a lithium transition metal oxide ([0052]). Yu further discloses that an SEI film can be formed through an electrochemical oxidation or reduction decomposition reaction by applying a voltage to perform the electrochemical reaction ([0030]). Yu further discloses wherein this process includes charging the electrode assembly one or more times in conjunction with an electrolyte injection process ([0025]). Yu further discloses that this process is a pretreatment process for the positive electrode ([0011]). Yu further discloses wherein the SEI film is formed on the surface of the electrode ([0120]). Yu teaches that this SEI film provides a battery with improved output characteristics and lifetime characteristics ([0011]).
The examiner notes that since the electrochemical oxidation or reduction decomposition process is conducted by applying a voltage and charging the electrode assembly one or more times and because the SEI film formed on a surface of the positive electrode, that Yu’s SEI film meets the claim limitations of an oxidation film that is formed during charging and a reduction film that is formed during discharging are formed on a surface of the positive electrode active material layer.
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Yu to have wherein both an oxidation film is formed during charging and a reduction film formed during discharging are formed on a surface of the positive electrode active material layer.
Yu discloses wherein the SEI formation can be performing by applying a range of voltage from 1 V to 4.5 V, or more specially 2V to 4.2 V ([0059]), which overlaps the instant claim range of pre-lithiating being performed by charging to 3.5 V to 5.0 V based on lithium standard reduction potential, and by discharging to 2.0 V to 3.4 V based on lithium standard potential after the charge.
Yu does not directly disclose discharging to 2.0 V to 3.4 V based on lithium standard potential after the charge.
Grant discloses a prelithiation method that involves charging and discharging the battery cell ([007]). Grant further discloses wherein the charging step can be varied according to the particular cathode anode cell, including 4.2 V ([0037]), which overlaps the instant claim range of 3.5 V to 5.0 V. Grant further discloses wherein the discharging step can be performed fully or partially ([007]). Grant further discloses wherein the discharging step can be performed at 2.0 V ([0045]), which overlaps the instant claim range of 2.0 V to 3.4 V. Grant teaches that this method provides improved capacity retention ([004]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the method of Yu with the teachings of Grant to have wherein discharging to 2.0 V to 3.4 V based on lithium standard potential after the charge. This modification would yield the expected result of improved capacity retention.
Regarding Claim 2, Yu discloses the limitations as set forth above. Yu further discloses wherein the film-forming additive comprises at least one selected from the group consisting of fluorethylene carbonate and vinylene carbonate (film-forming additive can be fluorinated ethylene carbonate, [0040] or vinylene carbonate, [0039]).
Regarding Claim 4, Yu discloses the limitations as set forth above.
Yu does not directly disclose wherein the film-forming additive is included in an amount of 0.2 wt% to 15 wt% based on the electrolyte solution.
Yu discloses wherein the film-forming agent can be included in an amount of 0.25 wt% to 5 wt% based on the total weight of the composition of the SEI film ([0046]), which overlaps the instant claim range of 0.2 wt% to 15 wt%.
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Yu to have wherein the film-forming additive is included in an amount of 0.2 wt% to 15 wt % based on the electrolyte solution.
Regarding Claim 11, Yu discloses a method of preparing a positive electrode for a secondary battery (method of preparing lithium battery, [0011], positive electrode, [0130]), comprising:
Preparing a positive electrode in which a positive electrode active material layer including a lithium transition metal oxide ([0052], [0131]) is formed on a positive electrode collector ([0051], [0131]); and
Impregnating the positive electrode in an electrolyte solution (pretreatment step of impregnating the electrode in a composition that includes a that includes a nonaqueous organic solvent and a salt, [0012], [0033], which forms SEI film) containing a film forming additive (film-forming agent, [0033]) and performing charge and discharge using a counter electrode ([0059-0060]).
The examiner notes that Yu does not directly disclose that the positive electrode is pre-lithiated. However, the instant specifications define the prelithiation method as impregnating the positive electrode in an electrolyte solution containing a film forming additive and applying charge and discharge currents using a counter electrode. Therefore, since Yu’s pretreatment process for the positive electrode includes impregnating the positive electrode in an electrolyte solution containing a film forming additive and applying charge and discharge currents using a counter electrode, it is the examiner’s position that Yu discloses a prelithiation method for the positive electrode.
Yu discloses a method of manufacturing a positive electrode that can be formed of a lithium transition metal oxide ([0052]). Yu further discloses that an SEI film can be formed through an electrochemical oxidation or reduction decomposition reaction by applying a voltage to perform the electrochemical reaction ([0030]). Yu further discloses wherein this process includes charging the electrode assembly one or more times in conjunction with an electrolyte injection process ([0025]). Yu further discloses that this process is a pretreatment process for the positive electrode ([0011]). Yu further discloses wherein the SEI film is formed on the surface of the electrode ([0120]). Yu teaches that this SEI film provides a battery with improved output characteristics and lifetime characteristics ([0011]).
The examiner notes that since the electrochemical oxidation or reduction decomposition process is conducted by applying a voltage and charging the electrode assembly one or more times and because the SEI film formed on a surface of the positive electrode, that Yu’s SEI film meets the claim limitations of an oxidation film that is formed during charging and a reduction film that is formed during discharging are formed on a surface of the positive electrode active material layer.
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Yu to have wherein both an oxidation film is formed during charging and a reduction film formed during discharging are formed on a surface of the positive electrode active material layer.
Yu further discloses wherein the film-forming additive is succinonitrile (SEI forming additive is vinyl-additive, [0088], used in the charging and discharging steps, [0087]).
Yu discloses wherein the SEI formation can be performing by applying a range of voltage from 1 V to 4.5 V, or more specially 2V to 4.2 V ([0059]), which overlaps the instant claim range of pre-lithiating being performed by charging to 3.5 V to 5.0 V based on lithium standard reduction potential, and by discharging to 2.0 V to 3.4 V based on lithium standard potential after the charge.
Yu does not directly disclose discharging to 2.0 V to 3.4 V based on lithium standard potential after the charge.
Grant discloses a prelithiation method that involves charging and discharging the battery cell ([007]). Grant further discloses wherein the charging step can be varied according to the particular cathode anode cell, including 4.2 V ([0037]), which overlaps the instant claim range of 3.5 V to 5.0 V. Grant further discloses wherein the discharging step can be performed fully or partially ([007]). Grant further discloses wherein the discharging step can be performed at 2.0 V ([0045]), which overlaps the instant claim range of 2.0 V to 3.4 V. Grant teaches that this method provides improved capacity retention ([004]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the method of Yu with the teachings of Grant to have wherein discharging to 2.0 V to 3.4 V based on lithium standard potential after the charge. This modification would yield the expected result of improved capacity retention.
Response to Arguments
Applicant's arguments filed June 1st, 2026 have been fully considered but they are not persuasive.
Applicant argues that Yu does not disclose or suggest prelithating the positive electrode and only discloses prelithatiating the negative electrode.
The examiner notes that Yu discloses the charging and discharging prelithiation steps on a positive electrode ([0059-0060]) and a negative electrode ([0061]). Yu discloses a method of manufacturing a positive electrode that can be formed of a lithium transition metal oxide ([0052]). Yu further discloses that an SEI film can be formed through an electrochemical oxidation or reduction decomposition reaction by applying a voltage to perform the electrochemical reaction ([0030]). Yu further discloses wherein this process includes charging the electrode assembly one or more times in conjunction with an electrolyte injection process ([0025]). Yu further discloses that this process is a pretreatment process for the positive electrode ([0011]). Yu further discloses wherein the SEI film is formed on the surface of the electrode ([0120]). Yu teaches that this SEI film provides a battery with improved output characteristics and lifetime characteristics ([0011]).
Applicant further argues that Yu discloses a pretreatment step that does not encompass nitrile-bsed additives.
The examiner notes that Yu discloses a succionitrile additive that is used in the pretreatment process (SEI forming additive is vinyl-additive, [0088], used in the charging and discharging steps, [0087]).
Therefore, Applicants arguments are not commensurate in scope with the claim language.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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