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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/16/2026 has been entered.
Status of Application
Claims 1-8 are currently pending. Claims 4-7 are withdrawn. Claim 1 is currently amended. Claim 8 is new.
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1 have been considered but are not found persuasive. Applicant argues that Saruwatari discloses a positive electrode active material comprising V, Mg, Mo, Nb, Ti, W, and Al, where none of which corresponds to the element M of the instant application (i.e., Ca, Si, Fe, Cr, Zr, or Ta).
Saruwatari in Example 1 discloses a lithium metal composite oxide, represented as Li1.025Ni0.88Co0.09Al0.03O2 [0102], wherein Al is not one of the claimed element M. In this regard, Saruwatari further discloses a general formula, LisNi1−x−y−zCoxMnyMzO2+α (where 0≤x≤0.35, 0≤y≤0.35, 0≤z≤0.10, 0.95<s<1.30, and 0≤α≤0.2 to form a lithium metal composite that can suppress gelation of the slurry and improve stability [0028, 0076]. Thus, a skilled artisan before the effective filing date would have excluded the element M from the lithium metal composite oxide, with a reasonable expectation to form a lithium metal composite oxide that suppresses gelation and has high stability [0032].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saruwatari (WO2017199891A1, US equivalent US20190165360A1 was used for citation, previously cited), in view of Aida (WO2017073238A1, US equivalent US20190036112A1 was used for citation)
Regarding claim 1, Saruwatari discloses a positive electrode active material for a lithium ion secondary battery (title) containing a lithium metal composite oxide (i.e., Li1.025Ni0.88Co0.09Al0.03O2 in Example 1 [0102]), wherein the subscript of Co in Example 1 is 0.09, which does not fall within the claimed range of 0≤x≤0.07.
In this regard, Saruwatari further discloses that the molar range of Co may be 0≤x≤0.35 [0040], which encompasses the claimed range of 0≤x≤0.07. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have selected the encompassed Co molar range with a reasonable expectation to form a lithium-metal composite oxide for a positive electrode active material [0068].
Saruwatari in Example 1 further discloses wherein the lithium metal composite oxide Li1.025Ni0.88Co0.09Al0.03O2 ([0102]; includes Al as the element M), and further discloses that the element M may be selected from V, Mg, Mo, Nb, Ti, W, and Al, which are not one of the claimed elements (i.e., Ca, Si, Fe, Cr, Zr, Ta).
In this regard, Saruwatari further discloses that the lithium metal composite oxide may be represented as LisNi1−x−y−zCoxMnyMzO2+α, where 0≤x≤0.35, 0≤y≤0.35, 0≤z≤0.10, 0.95<s<1.30, and 0≤α≤0.2) [0028, 0076]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the composite oxide of Example 1, such that it does not include any Al as the element M (i.e., since 0≤z≤0.10), thus forming a lithium composite oxide Li1.025Ni0.91Co0.09O2, to form a lithium metal composite oxide that suppresses gelation in slurries, improves output characteristics and battery capacity [0022 Saruwatari].
Saruwatari in Examples 1-7 does not explicitly disclose wherein a thickness of a NiO layer is 200nm or less when a particle of the lithium metal composite oxide during charging at 4.3V (vs. Li+/Li) is observed by Scanning Transmission Electron Microscope-Electron Dispersive X-Ray Spectrometer, as claimed.
In this regard, [PG Pub 0034] of the instant application discloses a correlation between the thickness of the NiO layer and the amount of oxygen released from the positive electrode active material during charging, wherein the amount of oxygen released is controlled by particle characteristics [PG Pub 0020].
The instant application discloses wherein the average particle diameter is preferably 5 μm or more and 20 μm or less [PG Pub 0041]. In this regard, Saruwatari discloses wherein the average particle diameter of Example 1 is 12.5 μm [0102], which falls within the disclosed range of the instant application.
The instant application further discloses wherein [(d90−d10)]/mean volume particle diameter] is preferably 0.80 or more, more preferably 0.85 or more, and even more preferably 0.90 or more [0045] to provide excellent filling ability and excellent energy density [0046]. In this regard, Saruwatari discloses wherein[(d90−d10)]/mean volume particle diameter] is 0.80 [0102], which falls within the disclosed range.
Thus, since the lithium metal composite oxide of Saruwatari possesses the claimed composition within the claimed molar amount, having an average particle size and particle size distribution that fall within the ranges disclosed in the instant application, when the lithium composite oxide of Saruwatari is observed by Scanning Transmission Electron Microscope-Energy dispersive X-ray Spectroscopy during charging at 4.3 V (vs. Li+/Li), a person having ordinary skill in the art would envisage the thickness of a NiO layer to fall within the claimed range of 200nm or less.
Further, the instant application discloses wherein the lithium metal composite oxide is incorporated into a 2032-type coin battery and subjected to charging at 4.3V [PG Pub 0143], wherein a 40 nm-thick NiO layer was formed [PG Pub 0146], wherein the battery includes a positive electrode, a negative electrode, a separator, and an electrolyte ([0137-0138], Fig 1), wherein 52.5mg of the positive electrode active material, 15 mg of acetylene black, and 7.5 mg of PTEE were mixed and the mixture was press-formed at a pressure of 100 MPa so as to be a diameter of 11 mm and a thickness of 100 μm, and dried in a vacuum dryer at 120° C. for 12 hours [PG Pub 0141]. The instant application further discloses wherein a lithium metal having a diameter of 17mm and a thickness of 1 mm was used as the negative electrode [PG Pub 0142]. The instant application further discloses wherein an equal volume mixture of ethylene carbonate (EC) and diethyl carbonate (DEC) using 1M of LiClO4 was used for the electrolyte [0142]. Further, a polyethylene porous membrane having a thickness of 25 μm was used as the separator.
Saruwatari also discloses that the lithium metal composite oxide is incorporated into a 2032-type coin battery subjected to charging at 4.3 V [0098], wherein the battery includes a positive electrode, a negative electrode, a separator, and an electrolyte solution [0095], wherein 52.5 mg of a positive electrode active material for nonaqueous electrolyte secondary batteries, 15 mg of acetylene black, and 7.5 mg of polytetrafluoroethylene resin (PTFE) were mixed, and press-formed at a pressure of 100 MPa to be 11 mm in diameter and 100 μm in thickness, dried in a vacuum dryer at 120 ° C for 12 hours [0095]. Saruwatari further discloses wherein an anode sheet having a diameter of 14mm was used [0096], and further discloses wherein a mixture solution of ethylene carbonate (EC) and diethyl carbonate (DEC) using 1M LiClO4 was used for the electrolyte [0096]. Further, a porous polyethylene film having a film thickness of 25 μm was used as the separator [0096].
Therefore, although Saruwatari does not explicitly disclose a NiO layer thickness, since the lithium metal composite oxide of Saruwatari discloses the claimed composition, particle size, particle size distribution, as well as the 2032-type coin battery comprising the lithium metal composite oxide, a person having ordinary skill in the art would envisage that when the lithium metal composite oxide of Saruwatari is observed by Scanning Transmission Electron Microscope-Energy dispersive X-ray Spectroscopy during charging at 4.3 V (vs. Li+/Li), the thickness of a NiO layer would fall within the claimed range of 200nm or less.
While Saruwatari discloses the particle size and particle size distribution (as discussed above), Saruwatari does not disclose a specific surface area and further does not disclose that the specific surface area is “1.35 m2/g or more and 2.0m2/g or less” as claimed.
In this regard, Aida also teaches a positive electrode for a secondary battery comprising a lithium nickel complex oxide represented by LisNi1-x-y-zCoxMnyMzO2+α where 0.05≤x≤0.35; 0≤y≤0.35; 0≤z≤0.10; 1.00<s<1.30; 0≤α≤0.2; and M is at least one element selected from V, Mg, Mo, Nb, Ti, W, and Al [0037] (note: Mn and M1 are optional elements as 0≤y≤0.35 and 0≤z≤0.10), wherein the specific surface area is preferably 1m2/g or more and 50m2/g or less [Aida 0072], which encompasses the claimed range of 1.35 m2/g or more and 2.0m2/g or less. Aida further teaches if the specific surface area is less than 1m2/g, the contact area between the positive electrode active material and the electrolyte is too small, failing to obtain high output characteristics, and if the specific surface area is greater than 50m2/g, the contact between the positive electrode active material and the electrolyte solution is too large, failing to suppress gelling [Aida 0072]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have optimized the specific surface area of the lithium nickel complex oxide, such that it falls between 1 m2/g or more and 50 m2/g or less (e.g., 1.35 m2/g or more and 2.0m2/g or less as claimed) to arrive at a desired balance between obtaining high output characteristics and suppressing gelling of the positive electrode paste [Aida 0072].
Regarding claim 2, modified Saruwatari teaches the positive electrode active material for a lithium ion secondary battery according to claim 1, wherein the average mean diameter is 12.5 µm [Saruwatari 0102], which falls within the claimed range of 5 µm or more and 20 µm or less.
Claim(s) 3,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saruwatari (WO2017199891A1, US equivalent US20190165360A1 was used for citation, previously cited), in view of Aida (WO2017073238A1, US equivalent US20190036112A1 was used for citation) and Park (US20180261842A1).
Regarding claim 3, modified Saruwatari teaches the positive electrode active material for a lithium-ion secondary battery according to claim 1, wherein the positive electrode active material does not comprise the claimed element M (as modified above). Saruwatari further does not disclose wherein the element M is either uniformly distributed inside secondary particles of the lithium metal composite oxide or uniformly coated on surface of the secondary particles, or both.
In this regard, Park teaches a positive electrode active material for a secondary battery, wherein the positive electrode active material comprising Li, Ni, Co and is represented as LiaNi1-x-yCoxM1yM3zM2wO2, wherein M1 is at least one selected from the group consisting of Al and Mn; M2 is any one or two or more elements selected from the group comprising Zr, Mg, Ta; M3 is any one or two or more elements selected from the group consisting of W, Mo, Cr; and 1.0≤a≤1.5, 0≤x≤0.5, 0≤y≤0.5, 0.002≤z≤0.03, 0≤w≤0.04, 0<x+y≤0.7 (i.e., the oxide must include M3, which is any one or two or more elements selected from the group consisting of W, Mo, Cr in 0.002≤z≤0.03) [Park 0022-0023], wherein the M3 (e.g., Cr) serves to suppress particle growth during the sintering process in fabrication of an active material particle [Park 0033]. Park further teaches wherein the lithium composite metal oxide is formed by mixing the precursor particle comprising Ni, Co, and M1 raw material (see Step 1 [Park 0076]) with the lithium raw material, the M3 raw material, and selectively with the M2 raw material, followed by sintering (see Step 2 [Park 0077]), where a skilled artisan would expect the M3 raw material to uniformly coat inside and/or outside of the secondary particles.
It therefore would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the lithium composite oxide of Saruwatari, such that it further includes Cr inside and/or outside of the lithium composite oxide, as Park teaches the inclusion of element such as Cr suppresses particle growth during the sintering process in the fabrication of an active material particle [0033], thereby effectively controlling particle size and particle size distribution of the positive active material particle.
Regarding claim 8, modified Saruwatari teaches the positive electrode active material for a lithium ion secondary battery according to claim 1, wherein the lithium metal composite oxide is Li1.025Ni0.91Co0.09O2 (as modified above), wherein the subscript of Co does not fall within the claimed range of 0≤x≤0.07.
In this regard, Saruwatari discloses wherein the lithium metal composite oxide may be represented as LisNi1−x−y−zCoxMnyMzO2+α, where 0≤x≤0.35, 0≤y≤0.35, 0≤z≤0.10, 0.95<s<1.30, and 0≤α≤0.2 [0028, 0076], wherein the composition of the material may be selected in accordance to the characteristics that are required for the battery and Co content may be for example about 0<x≤0.20 [0051], which encompasses the claimed Co amount of “0≤x≤0.07.” It therefore would have been obvious for a person having ordinary skill in the art before the effective filing date to have selected the encompassed range of Co (e.g., 0≤x≤0.07), with a reasonable expectation to form a lithium metal composite oxide that suppresses gelation in slurries, improves output characteristics and battery capacity [0022 Saruwatari].
Alternatively, Park also teaches a lithium metal oxide represented as LiaNi1-x-yCoxM1yM3zM2wO2, wherein the amount of Li affects capacity characteristics and sinterability during an active material fabrication, the amount of Ni affects capacity characteristics, the amount of M3 (e.g., Cr) affects output and lifespan characteristics, and formation of crystal structure, and the Co amount may be in a range of 0<x≤0.5, wherein when x is 0, it deteriorates the capacity characteristics and when x exceeds 0.5, the cost increases, and for the purpose of improving the capacity, Co may be included at a content of 0<x≤0.35 [0028-0030, 0033], which encompasses the claimed Co amount of “0≤x≤0.07.” It therefore would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the Co amount of Saruwatari such that it is in the encompassed range (e.g., 0≤x≤0.07) with a reasonable expectation to improve the capacity while not drastically increasing the cost [Park 0030].
Conclusion
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 9/28/2026
