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 Status
Claims 1, 3, 5-18 and 21 are under examination.
Claims 2, 4, and 14 are cancelled.
Claims 19-20 are withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Withdrawn Claim Rejections - 35 USC § 112
The amendment(s) to the claim(s) filed May 11th, 2026 is acknowledged and the previous rejection is withdrawn.
Claim Rejections - 35 USC § 103
Claims 1, 3, 5-6, 8-12, 16-18 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (U.S. PGPub US 2020/0112024 A1), hereinafter Shin, in view of Maxwell et al. (U.S. PGPub US 2022/0020977 A1 with provisional application filed December 21st, 2018, and PCT filed December 20th, 2019), hereinafter Maxwell, in view of Liu et al. (U.S. PGPub US 2010/0081057 A1), hereinafter Liu.
Regarding claims 1 and 17-18, Shin discloses a composite cathode active material comprising: a core comprising a lithium transition metal oxide (i.e., core including primary particles that includes a lithium nickel transition metal oxide, Abstract, [0013], [0046]-[0047], Fig. 1A, ref. 100), which is at least a lithium transition metal oxide that comprises nickel.
Shin further discloses Al and Zr-doped Li1.09(Ni0.88Co0.06Mn0.04)1-x-yAlxZryO2 (x = 0.0001, y=0.003) core, which is a lithium nickel transition metal oxide ([0166], Example 1), which at least provides nickel is about 80 mol% or more in content based on the total moles of transition metals in the lithium transition metal oxide.
Shin further discloses a shell disposed on the core ([0014]), whereby the shell entirely covers the surface of the core ([0059]-[0060]), thus reading on “a shell on and conformed to the surface of the core”, lacking any further structural and/or chemical distinction thereof as to said conformed to a surface of the core (also see Fig. 1A, [0046]).
Shin further discloses a first composition included in the shell may be disposed on primary particles that constitute the core and/or a secondary particle that corresponds to the core ([0061]), whereby the first composition is represented by LiaM1bOc (Formula 1), wherein M1 is Co, Mg, Zr, Al, Pd, Nb, Fe, Cu, Ag, Zn, Sb, or combination thereof, etc., and satisfies the conditions of 0≤a≤3.1, 0.9≤b≤3.1, and 1.9≤c≤4.1 ([0064]-[0066]).
Since Shin provides LiaM1bOc (Formula 1), this at least provides when a = 0, the formula is M1bOc such that 0.9≤b≤3.1 overlaps the claimed range of 0<a≤3, and 1.9≤c≤4.1 overlaps the claimed range of 0<b<4, such that when b = 1, c is at least any non-integer value that is greater than or equal to 1.9 and less than or equal to 4.1, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Furthermore, since Shin provides M1 is Co, Mg, Zr, Al, Pd, Nb, Fe, Cu, Ag, Zn, Sb, etc., this at least provides M is at least one metal selected from Al, Nb, Mg, Zr, Fe, Co, Pd, Cu, Ag, Zn, Sb, etc., from the group.
Since Shin discloses the first composition (i.e., at least a first metal oxide as in Formula 1) includes combinations thereof, and further discloses the first composition may include Co3O4, MgO, ZrO2, Al2O3, TiO2, Nb2O5, ZnO, or a combination thereof as discussed in [0066], the skilled artisan would appreciate that this at least provides that the shell further comprises a second metal oxide such as Co3O4, MgO, ZrO2, Al2O3, TiO2, Nb2O5, ZnO from the group, such that, for example, Co3O4 provides a = 3 and c = 4, which is within the claimed range of 0<a≤3 and within the claimed range of 0<c≤4, whereby when a = 3, c = 4 is in an integer, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Shin further teaches a lithium transition metal oxide having a structure that is a layered crystal structure from the group (i.e., at least lithium nickel transition metal oxide may have a layered crystal structure as disclosed in [0047], also see [0101]-[0102]).
With regards to claim 17-18, Shin further discloses a composite active material, a cathode and a lithium battery each including the composite cathode active material, etc., whereby the composite cathode active material includes a core including a plurality of primary particles and a shell disposed on the core (Abstract, [0017], [0046]).
However, Shin does not disclose the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene. Furthermore, Shin does not explicitly disclose the first metal oxide and carbonaceous material are bonded by a chemical bond. Furthermore, Shin does not explicitly disclose the carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other.
Maxwell teaches a cathode with pre-lithiation coating and methods for preparation and use (Title). Maxwell further teaches in [0050] the core particle ref. 102 may be coated with surface coating ref. 104, etc. (see [0047] of examples of the core particle ref. 102 that include lithium nickel manganese cobalt oxide (NMC) compounds, etc., which is commensurate in scope with that disclosed by Shin), whereby as taught in [0055] the surface coating ref. 104 may further include CC particles ref. 108 (i.e., denoted cathode catalyst and/or active CC, etc., as taught in [0005]), such that said CC particles may include a metal oxide, etc. Maxwell further teaches in [0067] the surface coating ref. 104 may be further coated with passivating layer ref. 112, etc., whereby the passivating layer ref. 112 may include a carbon, hybrid coating, etc., such that the carbon coating may include graphene (hydrophobic) nanoplatelets in a wrapped-layer structure, which may be selectively permeable to allow transfer of O2 and act as a barrier to moisture, and such a graphene coating may also improve conductivity. Maxwell further teaches in [0069] the passivating layer ref. 112 may uniformly, continuously, and conformally coat the surface coating ref. 104 such that the surface coating ref. 104 may be considered completely covered by the passivating layer ref. 112, etc., whereby the passivating layer ref. 112 may function as a shield, such that the passivating layer ref. 112 may mitigate undesired side reactions between the core particles ref. 102, CC particles ref. 108 in a battery and an electrolyte in the battery, and may protect the core particles ref. 102, sacrificial lithium source particles ref. 106, and/or CC particles ref. 108 from air and/or moisture, etc.
Therefore, since Maxwell teaches a metal oxide as discussed above (i.e., at least CC included in for example the surface coating), and further teaches the passivating layer may include a carbon, hybrid coating, etc., such that the carbon coating may include graphene (hydrophobic) nanoplatelets in a wrapped-layer structure, and further teaches the passivating layer may uniformly, continuously, and conformally coat the surface coating such that the surface coating may be considered completely covered by the passivating layer so as to function as a shield, etc., this at least provides the shell comprises a carbonaceous material comprising graphene, the metal oxide is within a carbonaceous material matrix comprising graphene so as to be uniformly, continuously, and conformally coated, lacking any further distinction thereof.
Furthermore, since Maxwell teaches the passivating layer may uniformly, continuously, and conformally coat the surface coating (i.e., including CC particles such as metal oxide particles as discussed above), and further teaches the surface coating may be considered completely covered by the passivating layer so as to function as a shield, the skilled artisan would appreciate that said metal oxide and carbonaceous material are at least bonded by a chemical bond so as to be uniformly, continuously, and conformally coated, such that since a metal oxide and carbonaceous material are provided, one would expect a chemical bond so as to be uniformly, continuously, and conformally coated on one another, and lacking any further distinction thereof (also see [0034]-[0038], [0045]-[0048], [0050], [0052], [0055]-[0056], [0060]-[0061], [0063], [0067], [0069]-[0073], [0119], [0127], [0146]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Shin with the teachings of Maxwell, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide as disclosed by Shin further includes the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, and the first metal oxide and carbonaceous material are bonded by a chemical bond as taught by Maxwell so as to improve conductivity and further function as a shield, thereby mitigating undesired side reactions between the core particles in a battery and an electrolyte in the battery, as well as protect the core particles, and/or CC particles (i.e., at least metal oxide as discussed above), etc., from air and/or moisture.
As discussed above, Shin is silent as to the first metal oxide and carbonaceous material are bonded by a chemical bond. Furthermore, as discussed above, Shin does not explicitly disclose the carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other.
Liu teaches a nanocomposite of graphene and metal oxide materials (Title). Liu further teaches [0003] nanocomposite materials of graphene bonded to metal oxides and methods for forming nanocomposite materials of graphene bonded to metal oxides. Liu further teaches in [0019] a metal oxide bonded to at least one graphene layer, the metal oxide is preferably MxOy, and where M is selected from the group consisting of Ti, Sn, Ni, Mn, V, Si, Co, and combinations thereof, etc., whereby the nanocomposite materials of the present invention are readily distinguished from the prior art because they exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, etc., which at least provides a metal oxide and carbonaceous material are bonded by a chemical bond, lacking any further distinction thereof (also see [0022], [0029], [0063]).
Liu further teaches in [0026] the energy storage device of the present invention is provided as having at least one component having a nanocomposite material having graphene layers with metal oxides uniformly distributed throughout the nanoarchitecture of the layers, and also preferably, but not meant to be limiting, the energy storage device of the present invention is an electrochemical device having an anode, a cathode, an electrolyte, and a current collector, wherein at least one of the anode, cathode, electrolyte, and current collector is fabricated, at least in part, from a nanocomposite material having graphene layers with metal oxides uniformly distributed throughout the nanoarchitecture of the layers, which at least provides the carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other, such that the skilled artisan would appreciate that said nanoarchitecture of the graphene layers at least provides a carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and a plurality of carbonaceous particles contacting each other so as to provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc., as disclosed in [0044]-[0045], and lacking any further distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Shin and Maxwell with the teachings of Liu, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide, the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene as disclosed by the combined teachings of Shin and Maxwell further includes the first metal oxide and carbonaceous material are bonded by a chemical bond (i.e., carbonaceous material(s) such as graphene are known to bond to said metal oxide(s)), the carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other as taught by Liu so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
Regarding claim 3, Shin discloses the composite cathode active material and first metal oxide as discussed above in claim 1. Since Shin discloses the first metal oxide (i.e., first composition) represented by LiaM1bOc (Formula 1) as discussed above in claim 1, whereby when a = 0, the formula becomes M1bOc, and since M1 is Co, Mg, Zr, Al, Pd, Nb, Fe, Cu, Ag, Zn, Sb, or a combination thereof, etc., and satisfies the conditions of 0.9≤b≤3.1, and 1.9≤c≤4.1 ([0065]), this at least provides metal oxides with formulas such as Al2Oz, NbOx , MgOx, ZrOy, Fe2Oz, Co3Ow, PdOx, CuOx, AgOx, ZnOx and Sb2Oz from the group, such that since Shin provides 1.9≤c≤4.1 this at least encompasses and/or overlaps the claimed ranges of (0<z<3), (0<x<2.5), (0<x<1), (0<y<2), (0<w<4), thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Regarding claims 5-6, Shin discloses the composite cathode active material and the shell comprising the first metal oxide as discussed above in claim 1. Shin further discloses a first composition included in the shell may be disposed on primary particles that constitute the core and/or a secondary particle that corresponds to the core ([0061]), whereby the first composition is represented by LiaM1bOc (Formula 1), wherein M1 is Co, Mg, Zr, Al, Pd, Nb, Fe, Cu, Ag, Zn, Sb, or combination thereof, etc., and satisfies the conditions of 0≤a≤3.1, 0.9≤b≤3.1, and 1.9≤c≤4.1 ([0065]) as discussed above in claim 1. With regards to claim 5, since Shin discloses the first composition (i.e., at least a first metal oxide as in Formula 1) includes combinations thereof, and further discloses the first composition may include Co3O4, MgO, ZrO2, Al2O3, Nb2O5, ZnO, or a combination thereof as discussed in [0066], the skilled artisan would appreciate that this at least provides that the shell further comprises a second metal oxide such as Co3O4, MgO, ZrO2, Al2O3, Nb2O5, ZnO from the group as discussed above in claim 1.
With regards to claim 6, since Shin discloses the first and second metal oxides (i.e., first composition with combination thereof so as to obviate first and second metal oxides as discussed above) the claim limitation “the first metal oxide is a reduction product of the second metal oxide” is met, whereby since the product in the product-by-process as claimed is the same as the product disclosed by Shin, the product-by-process claims are not limited by the manipulations of the recited steps, only the structure implied by the steps, therefore a prima facie case of obviousness exists (MPEP 2113, I., II.).
Regarding claim 8, Shin discloses the composite cathode active material and the shell comprising the first metal oxide as discussed above in claim 1. Shin further discloses the thickness of the shell including the first layer and second layer or third layer in the composite cathode active material may be about 10 nm to about 50 nm, etc. ([0059]), which is within the claimed range of about 1 nm to about 5 µm ([0057], [0059]), thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Regarding claim 9, Shin discloses the composite cathode active material and the shell comprising the first metal oxide as discussed above in claim 1. Shin further discloses a third metal is doped on the lithium nickel transition metal oxide (i.e., core) ([0089]).
Regarding claims 10-12, Shin discloses the composite cathode active material and the shell comprising the first metal oxide as discussed above in claim 1. With regards to claim 11, Shin further discloses the shell comprising a second metal oxide as discussed above in claims 4-6, whereby the first and second metal oxide are different so as to arrive at a ratio c/a of c to a in the second metal oxide is greater than a ratio b/a of b to a in the first metal oxide as discussed above in at least claim 4. With regards to claim 12, Shin further discloses the amount of first composition, etc., in the first layer may be, for example, based on 100 parts by weight of the lithium nickel transition meal oxide, 2 parts by weight or less, etc., ([0067]), which at least provides a range that overlaps the claimed range of about 3 wt% or less in content based on the total weight of the composite cathode active material, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
However, with regards to claim 10, Shin does not disclose the shell comprises at least one selected from a composite of the first metal oxide and the carbonaceous material and a resulting product of milling of the composite. Furthermore, with regards to claim 11, Shin does not disclose the composite further comprises a second metal oxide having a different composition from the first metal oxide. Furthermore, with regards to claim 12, Shin does not disclose the composite is about 3 wt% or less in content based on a total weight of the composite cathode active material.
The combined teachings of Shin and Maxwell and Liu disclose the composite cathode active material as discussed above in claim 1. Maxwell further teaches the shell comprises at least one selected from a composite of the first metal oxide and the carbonaceous material (i.e., see claim 1 with regards to the CC particle(s) such as metal oxide particles, as well as conformal coating of graphene).
Maxwell further teaches in [0050] the core particle ref. 102 may be coated with surface coating ref. 104, etc. (see [0047] of examples of the core particle ref. 102 that include lithium nickel manganese cobalt oxide (NMC) compounds, etc., which is commensurate in scope with that disclosed by Shin), whereby as taught in [0055] the surface coating ref. 104 may further include CC particles ref. 108 (i.e., denoted cathode catalyst and/or active CC, etc., as taught in [0005]), such that said CC particles may include a metal oxide, etc. Maxwell further teaches in [0067] the surface coating ref. 104 may be further coated with passivating layer ref. 112, etc., whereby the passivating layer ref. 112 may include a carbon, hybrid coating, etc., such that the carbon coating may include graphene (hydrophobic) nanoplatelets in a wrapped-layer structure, which may be selectively permeable to allow transfer of O2 and act as a barrier to moisture, and such a graphene coating may also improve conductivity. Maxwell further teaches in [0069] the passivating layer ref. 112 may uniformly, continuously, and conformally coat the surface coating ref. 104 such that the surface coating ref. 104 may be considered completely covered by the passivating layer ref. 112, etc., whereby the passivating layer ref. 112 may function as a shield, such that the passivating layer ref. 112 may mitigate undesired side reactions between the core particles ref. 102, CC particles ref. 108 in a battery and an electrolyte in the battery, and may protect the core particles ref. 102, sacrificial lithium source particles ref. 106, and/or CC particles ref. 108 from air and/or moisture, etc.
Therefore, since Maxwell teaches a metal oxide as discussed above (i.e., at least CC included in for example the surface coating), and further teaches the passivating layer may include a carbon, hybrid coating, etc., such that the carbon coating may include graphene (hydrophobic) nanoplatelets in a wrapped-layer structure, and further teaches the passivating layer may uniformly, continuously, and conformally coat the surface coating such that the surface coating may be considered completely covered by the passivating layer so as to function as a shield, etc., this at least provides the shell comprises a carbonaceous material comprising graphene, the metal oxide is within a carbonaceous material matrix comprising graphene so as to be uniformly, continuously, and conformally coated, lacking any further distinction thereof, and further provides the shell comprises at least one selected from a composite of a metal oxide and the carbonaceous material, lacking any further distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Shin and Maxwell and Liu further with the teachings of Maxwell, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide, the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, and the first metal oxide and carbonaceous material are bonded by a chemical bond as taught by the combined teachings of Shin and Maxwell and Liu further includes a composite of the first metal oxide and the carbonaceous material as taught by Maxwell so as to improve conductivity and further function as a shield, thereby mitigating undesired side reactions between the core particles in a battery and an electrolyte in the battery, as well as protect the core particles, and/or CC particles (i.e., at least metal oxide as discussed above), etc., from air and/or moisture.
Regarding claim 16, Shin discloses the composite cathode active material as discussed above in claim 1. Shin further discloses in [0095]-[0097] LiaNibM5cM6dM7eO2-αXα (Formula 5), wherein in Formula 5, 0.9≤a≤1.2, 0.7<b<1, 0<c<0.3, 0<d<0.3, 0≤e<0.1, b+c+d+e=1, and 0≤α<2, M5, M6, and M7 are different from each other, and each of which is cobalt (Co), manganese (Mn), aluminum (Al), etc., (also see [0092]-[0094]), whereby as an example provided by the examiner, when a = 1, e = 0 (i.e., M7 is not present), α = 0, M5 = Co, M6 = Mn, at least provides LiNibCocMndO2, which at least provides the lithium transition metal oxide as represented by the claimed Formula 2, such that 0.7<b<1, 0<c<0.3, 0<d<0.3 and b+c+d=1 overlap and/or encompass the claimed ranges of 0.8≤x≤0.95, 0<y≤0.2, 0<z≤0.2, and x+y+z+1, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shin and Maxwell and Liu as applied to claim 1 above, and further in view of Hersam et al. (U.S. PGPub US 2017/0110720 A1), hereinafter Hersam.
Regarding claim 7, Shin discloses the composite cathode active material, the lithium transition metal oxide and shell as discussed above in claim 1.
However, Shin does not disclose the carbonaceous material in the shell is chemically bonded to a transition metal of the lithium transition metal oxide in the core through chemical bonding, carbon atoms (C) of the carbonaceous material in the shell are chemically bonded to a transition metal (Me) of the lithium transition metal oxide utilizing an oxygen atom as an intermediate through C-O-Me bonding, and/or the first metal oxide is chemically bonded to the carbonaceous material through chemical bonding.
The combined teachings of Shin and Maxwell and Liu disclose the composite cathode active material including the carbonaceous material as discussed above in claim 1. Hersam teaches graphene-coated metal oxide spinel cathodes (Title). Hersam further teaches bonding of the graphene film with the surface of the metal oxide spinel film may result in a change to the oxidation state of the metal ion in the surface of the metal oxide spinel film ([0008]), whereby the graphene film may bond with the Mn atoms on the surface of the LMO film ([0067]), thus reading on “chemically bonded to a transition metal of the lithium transition metal oxide in the core through chemical bonding”. Hersam further teaches relative to lithium cells with uncoated LMO cathodes, cells with graphene-coated LMO cathodes provide improved capacity retention and enhanced cycling stability ([0006]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Shin and Maxwell and Liu with the teachings of Hersam, whereby the composite cathode active material including the carbonaceous material as disclosed by Shin and Maxwell and Liu further include the graphene-coating as taught by Hersam so as to provide chemical bonding of the transition metal to the lithium transition metal oxide, thereby improving capacity retention and enhancing cycling stability.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Shin and Maxwell and Liu as applied to claim 11 above, or in the alternative, and further in view of Park et al. (U.S. PGPub US 2015/0037680 A1 as cited in IDS), hereinafter Park.
Regarding claim 13, Shin discloses the composite cathode active material as discussed above in claim 11. Shin further discloses the composite cathode active material and the shell comprising the first metal oxide as discussed above in claim 1, and a second metal oxide as discussed above in at least claims 4-6. Shin further discloses the average particle diameter of primary particles of the composite cathode active material may be, for example, in the range of about 50 nm to about 500 nm, etc. ([0086]), and further teaches about 10 nm to about 50 nm, etc. ([0059]), which at least provides a first metal oxide, etc. has an average particle diameter that overlaps the claimed range of about 1 nm to about 1 µm ([0086]), such that the particle size must at least be less than a thickness of 50 nm, for example, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Shin further discloses “about’ as used herein is inclusive of the state value and means within an acceptable range of deviation for the particular value as determined by one of ordinary skill in the art, etc., whereby “about” can mean within one or more standard deviations, or within 5% of the state value ([0041]), such that the first metal oxide and the second metal oxide at least has a uniformity (i.e., thickness uniformity of shell on core) within 5% of the stated thickness value (e.g., about 10 nm to about 50 nm), which at least provides a deviation range that overlaps the claimed deviation range of about 3 % or less.
In the alternative, Park teaches a composite cathode active material, lithium battery including the same, and preparation method thereof (Title). Park further teaches in [0034]-[0035] the composite cathode active material may include a composite oxide core capable of intercalation and deintercalation, i.e., intercalation/deintercalation, of lithium; and a shell of a carbon nanostructure and a material which is chemically inert to lithium on at least part of the composite oxide core (also see [0015]-[0016], [0035]-[0038], ). Park further teaches in [0051] the material which is chemically inert to lithium is an inorganic material including a metal oxide, etc., whereby in [0054] the material which is chemically inert to lithium may have an average particle size from about 1 nm to about 900 nm (also see [0052]), which is within the claimed range of an average particle diameter of about 1 nm to about 1 µm, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Park further teaches in [0019] the composite cathode active material according to an aspect includes a composite oxide core capable of intercalation and deintercalation of lithium, a carbon nanostructure, and a material which is chemically inert to lithium, whereby a lithium battery including the composite cathode active material can have improved charge/discharge rate characteristics and improved lifetime characteristics (also see [0035]-0038]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Shin and Maxwell and Liu with the teachings of Park, whereby the composite cathode active material including the first and/or second metal oxide as disclosed by the combined teachings of Shin and Maxwell and Liu further include the average particle diameter as taught by Park so as to provide a lithium battery including the composite cathode active material can have improved charge/discharge rate characteristics and improved lifetime characteristics.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Shin and Maxwell, in view of Liu et al. (U.S. PGPub US 2010/0081057 A1), hereinafter Liu, and further in view of Son et al. (U.S. PGPub US 2015/0380728 A1 as cited in IDS), hereinafter Son.
Regarding claim 15, Shin discloses a composite cathode active material comprising: a core comprising a lithium transition metal oxide (i.e., core including primary particles that includes a lithium nickel transition metal oxide, Abstract, [0013], [0046]-[0047], Fig. 1A, ref. 100), which is at least a lithium transition metal oxide that comprises nickel.
Shin further discloses Al and Zr-doped Li1.09(Ni0.88Co0.06Mn0.04)1-x-yAlxZryO2 (x = 0.0001, y=0.003) core, which is a lithium nickel transition metal oxide ([0166], Example 1), which at least provides nickel is about 80 mol% to less than 100 mol% in content based on the total moles of transition metals in the lithium transition metal oxide, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)).
Shin further discloses a shell disposed on the core ([0014]), whereby the shell entirely covers the surface of the core ([0059]-[0060]), thus reading on “a shell on and conformed to the surface of the core”, lacking any further structural and/or chemical distinction thereof as to said conformed to a surface of the core (also see Fig. 1A, [0046]).
Shin further discloses a first composition included in the shell may be disposed on primary particles that constitute the core and/or a secondary particle that corresponds to the core ([0061]), whereby the first composition is represented by LiaM1bOc (Formula 1), wherein M1 is Co, Mg, Zr, Al, Pd, Nb, Fe, Cu, Ag, Zn, Sb, or combination thereof, etc., and satisfies the conditions of 0≤a≤3.1, 0.9≤b≤3.1, and 1.9≤c≤4.1 ([0064]-[0066]), which at least provides the shell comprises at least one first metal oxide represented by MaOb, etc.
Since Shin provides LiaM1bOc (Formula 1), this at least provides when a = 0, the formula is M1bOc such that 0.9≤b≤3.1 overlaps the claimed range of 0<a≤3, and 1.9≤c≤4.1 overlaps the claimed range of 0<b<4, such that when b = 1, c is at least any non-integer value that is greater than or equal to 1.9 and less than or equal to 4.1, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Furthermore, since Shin provides M1 is Co, Mg, Zr, Al, Pd, Nb, Fe, Cu, Ag, Zn, Sb, etc., this at least provides M is at least one metal selected from Al, Nb, Mg, Zr, Fe, Co, Pd, Cu, Ag, Zn, Sb, etc., from the group.
Since Shin discloses the first composition (i.e., at least a first metal oxide as in Formula 1) includes combinations thereof, and further discloses the first composition may include Co3O4, MgO, ZrO2, Al2O3, TiO2, Nb2O5, ZnO, or a combination thereof as discussed in [0066], the skilled artisan would appreciate that this at least provides that the shell further comprises a second metal oxide such as Co3O4, MgO, ZrO2, Al2O3, TiO2, Nb2O5, ZnO from the group, such that, for example, Co3O4 provides a = 3 and c = 4, which is within the claimed range of 0<a≤3 and within the claimed range of 0<c≤4, whereby when a = 3, c = 4 is in an integer, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Shin further teaches a lithium transition metal oxide having a structure that is a layered crystal structure from the group (i.e., at least lithium nickel transition metal oxide may have a layered crystal structure as disclosed in [0047], also see [0101]-[0102]).
However, Shin does not disclose the shell comprises a carbonaceous material comprising graphene. Furthermore, Shin does not explicitly disclose the first metal oxide and carbonaceous material are bonded by a chemical bond. Furthermore, Shin does not disclose the carbonaceous material has at least one structure selected from a spherical structure, a spiral structure in which spherical structures are connected to each other, and a cluster structure in which spherical structures are aggregated with each other, the first metal oxide is distributed in the spherical structure, the spherical structure has a size of about 50 nm to about 300 nm, the spiral structure has a size of about 500 nm to about 100 µm, the cluster structure has a size of about 0.5 mm to about 10 cm, the composite is a crumpled faceted-ball structure or a planar structure, at least one selected from the first metal oxide and the second metal oxide is distributed inside the crumpled faceted-ball structure and/or on a surface of the crumpled faceted-ball structure, and the carbonaceous material extends from the first metal oxide by a distance of about 10 nm or less, comprises at least 1 to 20 carbonaceous material layers, and has a total thickness of about 0.6 nm to about 12 nm.
Maxwell teaches a cathode with pre-lithiation coating and methods for preparation and use (Title). Maxwell further teaches in [0050] the core particle ref. 102 may be coated with surface coating ref. 104, etc. (see [0047] of examples of the core particle ref. 102 that include lithium nickel manganese cobalt oxide (NMC) compounds, etc., which is commensurate in scope with that disclosed by Shin), whereby as taught in [0055] the surface coating ref. 104 may further include CC particles ref. 108 (i.e., denoted cathode catalyst and/or active CC, etc., as taught in [0005]), such that said CC particles may include a metal oxide, etc. Maxwell further teaches in [0067] the surface coating ref. 104 may be further coated with passivating layer ref. 112, etc., whereby the passivating layer ref. 112 may include a carbon, hybrid coating, etc., such that the carbon coating may include graphene (hydrophobic) nanoplatelets in a wrapped-layer structure, which may be selectively permeable to allow transfer of O2 and act as a barrier to moisture, and such a graphene coating may also improve conductivity. Maxwell further teaches in [0069] the passivating layer ref. 112 may uniformly, continuously, and conformally coat the surface coating ref. 104 such that the surface coating ref. 104 may be considered completely covered by the passivating layer ref. 112, etc., whereby the passivating layer ref. 112 may function as a shield, such that the passivating layer ref. 112 may mitigate undesired side reactions between the core particles ref. 102, CC particles ref. 108 in a battery and an electrolyte in the battery, and may protect the core particles ref. 102, sacrificial lithium source particles ref. 106, and/or CC particles ref. 108 from air and/or moisture, etc.
Therefore, since Maxwell teaches a metal oxide as discussed above (i.e., at least CC included in for example the surface coating), and further teaches the passivating layer may include a carbon, hybrid coating, etc., such that the carbon coating may include graphene (hydrophobic) nanoplatelets in a wrapped-layer structure, and further teaches the passivating layer may uniformly, continuously, and conformally coat the surface coating such that the surface coating may be considered completely covered by the passivating layer so as to function as a shield, etc., this at least provides the shell comprises a carbonaceous material comprising graphene, the metal oxide is within a carbonaceous material matrix comprising graphene, etc., so as to be uniformly, continuously, and conformally coated, lacking any further distinction thereof.
Furthermore, since Maxwell teaches the passivating layer may uniformly, continuously, and conformally coat the surface coating (i.e., including CC particles such as metal oxide particles as discussed above), and further teaches the surface coating may be considered completely covered by the passivating layer so as to function as a shield, the skilled artisan would appreciate that said metal oxide and carbonaceous material are at least bonded by a chemical bond so as to be uniformly, continuously, and conformally coated, such that since a metal oxide and carbonaceous material are provided, one would expect a chemical bond so as to be uniformly, continuously, and conformally coated on one another, and lacking any further distinction thereof (also see [0034]-[0038], [0045]-[0048], [0050], [0052], [0055]-[0056], [0060]-[0061], [0063], [0067], [0069]-[0073], [0119], [0127], [0146]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Shin with the teachings of Maxwell, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide as disclosed by Shin further includes the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, and the first metal oxide and carbonaceous material are bonded by a chemical bond as taught by Maxwell so as to improve conductivity and further function as a shield, thereby mitigating undesired side reactions between the core particles in a battery and an electrolyte in the battery, as well as protect the core particles, and/or CC particles (i.e., at least metal oxide as discussed above), etc., from air and/or moisture.
As discussed above, Shin is silent as to the first metal oxide and carbonaceous material are bonded by a chemical bond. Furthermore, as discussed above, Shin does not explicitly disclose the carbonaceous material has at least one structure selected from a spiral structure in which spherical structures are connected to each other, and a cluster structure in which spherical structures are aggregated with each other, the spherical structure has a size of about 50 nm to about 300 nm, the spiral structure has a size of about 500 nm to about 100 µm, the cluster structure has a size of about 0.5 mm to about 10 cm, the composite is a crumpled faceted-ball structure or a planar structure, at least one selected from the first metal oxide and the second metal oxide is distributed inside the crumpled faceted-ball structure and/or on a surface of the crumpled faceted-ball structure, and the carbonaceous material extends from the first metal oxide by a distance of about 10 nm or less, comprises at least 1 to 20 carbonaceous material layers, and has a total thickness of about 0.6 nm to about 12 nm.
Son teaches a composite including: at least one selected from a silicon oxide of the formula SiO2 and a silicon oxide of the formula SiOx wherein 0<x<2; and graphene, wherein the silicon oxide is disposed in a graphene matrix (Abstract). Son further teaches the anode active material may include MnOx (where 0<x≤2), etc. ([0191]). Son further teaches in [0081] the graphene may have a branched structure comprising contacting and/or interconnected graphene particles to provide a branched structure that resembles the branches of a bush, and the silicon oxide may be distributed in the graphene having the branched structure, thus providing the carbonaceous material has a branched structure, the first metal oxide is distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other, such that since Son discloses oxides other than SiOx (e.g., MnOx, where 0<x≤2), this at least provides a metal oxide (e.g., MnOx , etc.) would substitute SiOx so as to provide at least a first metal oxide distributed in said branched structure.
Son further teaches the graphene may have a globular or spherical structure having a size of about 50 nanometers (nm) to about 300 nm, etc. ([0082]), thus reading on “the carbonaceous material has at least one structure selected from a spherical structure”, whereby since the spherical structure has a size of about 50 nm to about 300 nm, this anticipates the claimed range of the spherical structure has a size of about 50 nm to about 300 nm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Son further teaches the composite may have may a crumpled paper ball structure ([0093]), whereby the composite may have a crumpled paper ball structure in the form of a faceted sphere, and the silicon oxide may be distributed in the faceted sphere structure, such that the crumpled paper ball structure comprises graphene microparticles, etc. ([0094]), thus reading on “the composite is a crumpled faceted-ball structure”.
Since Son teaches silicon oxide is disposed in a graphene matrix (Abstract, [0016]) that is globular or spherical ([0082]), as well as provides silicon oxide is distributed in the faceted spherical structure (i.e., crumpled paper ball structure as discussed above), and further discloses oxides other than SiOx (e.g., MnOx, where 0<x≤2), this at least provides a metal oxide (e.g., MnOx as discussed above in claims 1 and 3) would substitute SiOx, thus providing a metal oxide is distributed in the spherical structure and further providing a metal oxide is distributed inside the crumpled faceted-ball structure.
Son further teaches the graphene (i.e., carbonaceous material) may extend from the silicon oxide by a distance of about 10 nm or less ([0099]), which at least provides the same claimed distance of about 10 nm or less, thus a prima facie case of anticipation exists (MPEP 2131.03, I.), whereby a first metal oxide (e.g., MnOx , etc.) would reasonably substitute SiOx as discussed above. Son further teaches the graphene may include at least 1 to about 20 graphene layers ([0099]), thereby reading on “comprises at least 1 to 20 carbonaceous material layers”, such that graphene is at least a carbonaceous material, thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Son further teaches graphene may have a total thickness of about 0.6 nm to about 12 nm, which is the same as the claimed range of a total thickness of about 0.6 nm to about 12 nm, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Son further teaches a battery having improved capacity and good improved rate characteristics may be manufactured using an electrochemically active material composite according to any of the above-described embodiments ([0175]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Shin and Maxwell with the teachings of Son, whereby the composite cathode active material including the metal oxide shell that includes a plurality of metal oxide particles dispersed in a porous carbon matrix (i.e., porous carbon matrix of said metal oxide shell is at least a carbonaceous material matrix made of a carbonaceous material) as disclosed by the combined teachings of Shin and Maxwell further includes the branched structure such as a graphene, graphene matrix (i.e., spherical structure) and composite (i.e., crumpled faceted-ball structure) as taught by Son so as to achieve a battery having improved capacity and good improved rate characteristics.
As discussed above, Shin is silent as to the first metal oxide and carbonaceous material are bonded by a chemical bond.
Liu teaches a nanocomposite of graphene and metal oxide materials (Title). Liu further teaches [0003] nanocomposite materials of graphene bonded to metal oxides and methods for forming nanocomposite materials of graphene bonded to metal oxides. Liu further teaches in [0019] a metal oxide bonded to at least one graphene layer, the metal oxide is preferably MxOy, and where M is selected from the group consisting of Ti, Sn, Ni, Mn, V, Si, Co, and combinations thereof, etc., whereby the nanocomposite materials of the present invention are readily distinguished from the prior art because they exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, etc., which at least provides a metal oxide and carbonaceous material are bonded by a chemical bond, lacking any further distinction thereof (also see [0022], [0029], [0063]).
Liu further teaches in [0026] the energy storage device of the present invention is provided as having at least one component having a nanocomposite material having graphene layers with metal oxides uniformly distributed throughout the nanoarchitecture of the layers, and also preferably, but not meant to be limiting, the energy storage device of the present invention is an electrochemical device having an anode, a cathode, an electrolyte, and a current collector, wherein at least one of the anode, cathode, electrolyte, and current collector is fabricated, at least in part, from a nanocomposite material having graphene layers with metal oxides uniformly distributed throughout the nanoarchitecture of the layers, and further teaches an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc., as disclosed in [0044]-[0045], and lacking any further distinction thereof.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Shin and Maxwell and Son with the teachings of Liu, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide, the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, etc., as disclosed by the combined teachings of Shin and Maxwell and Son further includes the metal oxide and carbonaceous material are bonded by a chemical bond (i.e., carbonaceous material(s) such as graphene are known to bond to said metal oxide(s)), etc., as taught by Liu so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
Furthermore, since Liu teaches in [0019] the metal oxide is preferably MxOy, and where M is selected from the group consisting of Mn, Si, Co, Ti, Sn, Ni, etc., the skilled artisan would appreciate substituting one known metal oxide (e.g., MnOx , SiOx, etc.) for another with a reasonable expectation of success so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
Double Patenting
Claims 1, 3, 5-6, 8-15, 17-18 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-12, 14-15 and 17-18 of copending Application No. 17/336,052 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the reference application claim 1 broadly recites a composite cathode active material that is not patentably distinguishable from the specific composite active material provided in claim 1 of the instant application.
Claim 1 of the reference application claims a composite cathode active material comprising: a core comprising a lithium transition metal oxide; and a shell on the core, the shell being conformal to a surface of the core, wherein the shell comprises at least one first metal oxide represented by Formula MaOb, wherein 0<a≤3, 0<b<4, when a is 1, 2, or 3, b is not an integer, a second metal oxide represented by MaOc, wherein 0<a≤3, 0<c≤ 4, and when a is 1, 2, or 3, then c is an integer, and a crystalline carbonaceous material, wherein the first metal oxide is within a matrix of the crystalline carbonaceous material, and wherein M is at least one metal selected from Al, Nb, Mg, Sc, Zr, W, Fe, Co, Pd, Cu, Ag, Zn, Sb and Se, wherein the second metal oxide comprises the same metal as the first metal oxide, and the first metal oxide has a lower metal oxidation number than the second metal oxide, and wherein the first metal oxide and the crystalline carbonaceous material are bonded by a chemical bond.
Claim 4 of the reference application that depends from claim 1 claims a ratio c/a of c to a in the second metal oxide is greater than a ratio b/a of b to a in the first metal oxide.
Claim 14 of the reference application that depends from claim 9 that depends from claim 1 claims wherein the carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other, etc.
Claim 1 of the instant application claims a composite cathode active material comprising: a core comprising a lithium transition metal oxide; and a shell on and conformed to a surface of the core, wherein the shell comprises at least one first metal oxide represented by Formula MaOb, wherein 0<a≤3, 0<b<4, when a is 1, 2, or 3, b is not an integer, a second metal oxide represented by Formula MaOc, wherein 0<a≤3, 0<c≤4, provided that when a is 1, 2, or 3, c is an integer, and a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, M is at least one metal selected from Al, Nb, Mg, Sc, Zr, W, Fe, Co, Pd, Cu, Ag, Zn, Sb and Se, the lithium transition metal oxide comprises nickel, and the nickel is about 80% to less than 100 mol% in content based on total moles of transition metals in the lithium transition metal oxide, wherein the first metal oxide and carbonaceous material are bonded by a chemical bond, wherein the carbonaceous material has a branched structure, the first metal oxide being distributed in the branched structure, and the branched structure comprises a plurality of carbonaceous material particles contacting each other.
Claim 21 of the instant application that depends from claim 1 claims the second metal oxide comprises the same metal as the first metal oxide, and a ratio c/a of c to a in the second metal oxide is greater than a ratio b/a of b to a in the first metal oxide.
Therefore, the only difference in the reference application of claims 1, 4 and 14 and the instant application claim 1 and claim 21 is the recitation in the instant application “lithium transition metal oxide comprises nickel, and the nickel is about 80 mol % to less than 100 mol% in content based on total moles of transition metals in the lithium transition metal oxide”, the recitation in the instant application “a carbonaceous material comprising graphene”, whereby the broader recitation of the lithium transition metal oxide as provided in the reference application and the broader recitation of the crystalline carbonaceous material at least includes that claimed in the instant application (see reference application [0034] with regards to crystalline carbon being graphene, for example).
Claim 3 depending from claim 1 in the instant application is identical to claim 3 depending from claim 1 in the reference application.
Claim 5 depending from claim 1 in the instant application is identical to claim 5 depending from claim 4 in the reference application.
Claim 6 depending from claim 1 in the instant application is identical to claim 6 depending from claim 4 in the reference application.
Claim 8 depending from claim 1 in the instant application is identical to claim 7 depending from claim 1 in the reference application.
Claim 9 depending from claim 1 in the instant application is identical to claim 8 depending from claim 1 in the reference application.
Claim 10 depending from claim 1 in the instant application is identical to claim 9 depending from claim 1 in the reference application.
Claim 11 depending from claim 10 in the instant application is substantially identical to claim 11 depending from claim 9 in the reference application.
Claim 12 depending from claim 10 in the instant application is identical to claim 10 depending from claim 9 in the reference application.
Claim 13 depending from claim 11 in the instant application recites “at least one selected from the first metal oxide and the second metal oxide has an average particle diameter of about 1 nm to about 1 µm, and at least one selected from the first metal oxide and the second metal oxide has a shell uniform deviation of about 3 % or less”.
Claim 12 of reference application that depends from claim 11 recites “wherein at least on selected from the first metal oxide and the second metal oxide has an average particle diameter of about 1 nm to about 1 µm”,
Therefore, the only difference in the reference application and the instant application is the recitation in the instant application of “shell uniform deviation”, whereby the broader recitation of uniformity deviation as provided in the reference application at least includes that of shell uniform deviation as claimed in the instant application.
Claim 15 of the instant application is identical to claims 1 and 15 depending from claim 11 in the reference application, however the reference application requires claim 15 depend from claims 1, 9 and 11, whereas the instant application requires independent claim 15.
Claim 17 in the instant application is identical to claim 17 in the reference application.
Claim 18 in the instant application is identical to claim 18 in the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed May 11th, 2026 have been fully considered but they are not persuasive.
Applicants argue Page 10, “Accordingly, both Maxwell and Liu describe a specific structure of the graphene material - namely, layered - and both provide descriptions of how the rest of the compounds interact specifically with the graphene layers to form structures having beneficial properties. Neither reference appears to offer any motivation for modifying the disclosed structure of graphene or even a suggestion that alternative graphene structures may prove to be workable or satisfactory for the intended purposes of Maxwell and Liu. See MPEP 2143.01(V) stating that "If a proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose, there may be no suggestion or motivation to make the proposed modification. In re Gordon, 733 F.2d 900, 221 USPQ 1125 (Fed. Cir. 1984).”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, the combined teachings of Shin and Maxwell disclose the limitations as claimed, such that the skilled artisan would appreciate modifying the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide as disclosed by Shin so as to further include the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, and the first metal oxide and carbonaceous material are bonded by a chemical bond as taught by Maxwell so as to improve conductivity and further function as a shield, thereby mitigating undesired side reactions between the core particles in a battery and an electrolyte in the battery, as well as protect the core particles, and/or CC particles (i.e., at least metal oxide as discussed above), etc., from air and/or moisture.
Furthermore, the skilled artisan would appreciate the combined teachings of Shin and Maxwell and Son and Liu, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide, the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, etc., as disclosed by the combined teachings of Shin and Maxwell and Son further includes the metal oxide and carbonaceous material are bonded by a chemical bond (i.e., carbonaceous material(s) such as graphene are known to bond to said metal oxide(s)), etc., as taught by Liu so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
Furthermore, since Liu teaches in [0019] the metal oxide is preferably MxOy, and where M is selected from the group consisting of Mn, Si, Co, Ti, Sn, Ni, etc., the skilled artisan would appreciate substituting one known metal oxide (e.g., MnOx , SiOx, etc.) for another with a reasonable expectation of success so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
Applicants further argue Pages 10-11, “Meanwhile, Son's disclosure also does not appear to offer any particular benefit to utilizing the structures described in Son - namely, branched, globular, or spherical - as opposed to the layered structures of Maxwell and Liu. In other words, Son should not provide those skilled in the art with requisite motivation to incorporate the disclosed graphene structures of Son into the carbon coating of Maxwell or the hybrid nanostructures of Liu. Moreover, Son is directed to the composite of specifically silicon oxide and a graphene matrix. See e.g., Son, par. [0079]. As those of ordinary skill in the art would recognize, silicon oxide is significantly different in both chemical and physical properties from the metal oxide of Liu or the lithium mixed metal oxide (CC particles) of Maxwell. Accordingly, those of ordinary skill in the art should have no apparent reason to modify the disclosed layered graphene structure of Maxwell or Liu with the entirely different branched or spherical structure of Son, particularly, when such modification is not only not dictated by the disclosure of Son, but may render the structures of Maxwell and Liu unstable and thus unsatisfactory to their intended purposes. Moreover, the Office's Son rationale appears to rely on different disclosures for different purposes without adequately tying them together. For example, the Office cites Son for branched graphene structure ([0081]), spherical structure ([0082]), crumpled paper ball / faceted sphere structure ([0093]-[0094]), extension distance of about 10 nm or less, 1 to about 20 graphene layers, and total graphene thickness of about 0.6 nm to about 12 nm ([0099]). OA, pp. 19-21. But, separately, the Office cites Son [0191] for the proposition that an anode active material may include MnOx, and then reasons that such oxide "would substitute SiOx." OA, pp. 19-20. The present rejection does not clearly identify where Son actually teaches the specific branched/spherical/crumpled graphene morphologies relied on by the Office in combination with the alternative metal oxides that the Office proposes to substitute for silicon oxide. The rejection, therefore, appears to be based on impermissible hindsight and should be withdrawn.”
The examiner respectfully disagrees, whereby as put forth in the current 35 U.S.C. 103 rejection of record, the skilled artisan would appreciate the combined teachings of Shin and Maxwell and Son and Liu, whereby the lithium battery comprising the cathode comprising the composite cathode active material including the core and shell comprising a first metal oxide, the shell comprises a carbonaceous material comprising graphene, the first metal oxide is within a carbonaceous material matrix comprising graphene, etc., as disclosed by the combined teachings of Shin and Maxwell and Son further includes the metal oxide and carbonaceous material are bonded by a chemical bond (i.e., carbonaceous material(s) such as graphene are known to bond to said metal oxide(s)), etc., as taught by Liu so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
Furthermore, since Liu teaches in [0019] the metal oxide is preferably MxOy, and where M is selected from the group consisting of Mn, Si, Co, Ti, Sn, Ni, etc., the skilled artisan would appreciate substituting one known metal oxide (e.g., MnOx , SiOx, etc.) for another with a reasonable expectation of success so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene, and provide an improved capacity at high charge-discharge rate attributed to increased electrode conductivity in the presence of a percolated graphene network embedded into the metal oxide electrodes, etc.
See the current 35 U.S.C. 103 rejection of record for the claims that depend therefrom.
In light of the amendment(s) to the claim(s), the double patenting rejection is maintained for claims 1, 3, 5-6, 8-13, 15, 17-18 and 21 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-12, 14-15 and 17-18 of copending Application No. 17/336,052 (reference application). (MPEP 804, I. B. 1.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhamu et al. (U.S. PGPub US 2012/0064409 A1) discloses graphene-enhanced anode (Title), whereby a spiral structure is as disclosed in Fig. 7B.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/WYATT P MCCONNELL/Primary Examiner, Art Unit 1727
Prosecution Insights