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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 13th, 2025 has been entered.
Claim Status
Claims 1, 3-18 and 21 are under examination.
Claim 2 is canceled.
Claims 19-20 are withdrawn.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Withdrawn Claim Objections
The amendment(s) to the claim(s) filed December 12th, 2025 is acknowledged and the previous objection is withdrawn.
New Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21 recites “the the crystalline carbonaceous” and should read --the crystalline carbonaceous--.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claims 1, 3-11, 13, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (U.S. PGPub US 2020/0112024 A1 as previously cited), hereinafter Shin, in view of Maxwell et al. (U.S. PGPub US 2022/0020977 A1 with provisional application filed December 21st, 2018, and PCT filing date of December 20th, 2019), hereinafter Maxwell, as evidenced by Khe et al. (U.S. PGPub US 2015/0099214 A1), hereinafter Khe, or in the alternative, 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, [0166], Example 1).
Shin further discloses a shell on the core ([0014]), whereby the shell entirely covers the surface of the core ([0059]-[0060]), thus reading on “a shell being conformal to a surface of the core”, lacking any further structural and/or chemical distinction thereof as to said shell being conformal 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.
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, and Sb from the group.
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]).
Shin further teaches a structure of the first metal oxide is different than a structure of the lithium transition metal oxide (i.e., at least first composition may have, for example, a phase having a spinel crystal structure, and may belong to a space group Fd-3m, etc., as disclosed in [0051]), such that the skilled artisan would appreciate that since Shin discloses said lithium nickel transition metal oxide may have a layered crystal structure, and Shin further discloses said first composition (i.e., at least first metal oxide) may have a spinel crystal, this at least necessitates a structure of the first metal oxide is different a structure of the lithium transition metal oxide, lacking any further distinction thereof.
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 crystalline carbonaceous material, whereby the first metal oxide is within a matrix of the crystalline carbonaceous material. Furthermore, Shin does not explicitly disclose the first metal oxide and the crystalline carbonaceous material are bonded by a chemical bond.
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 first metal oxide is within a matrix of the crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”) 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 crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”) 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 crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”), whereby the first metal oxide is within a matrix of the crystalline carbonaceous material, and a metal oxide and the crystalline 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.
In the interest of compact prosecution, and as put forth by the examiner and with regards to the limitation the first metal oxide and crystalline carbonaceous material are bonded by a chemical bond, in the alternative, 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 crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”) are bonded by a chemical bond, lacking any further distinction thereof (also see [0022], [0029], [0063]).
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 as evidenced by Khe 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 crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”), the first metal oxide is within a matrix of crystalline carbonaceous material as disclosed by the combined teachings of Shin and Maxwell further include the metal oxide and crystalline 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)) as taught by Liu so as to exhibit a specific capacity of at least twice that of the metal oxide material without the graphene.
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 4-6, 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 claims 4-5, 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, 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.).
With regards to claim 4, although Shin is silent as to whether 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, Shin necessarily possesses this limitation for the following reasons. Since Shin discloses the first composition may be a combination thereof (i.e., M1bOc, when a = 0, and 0.9≤b≤3.1 and 1.9≤c≤4.1 as discussed above), the skilled artisan would appreciate that Shin at least embodies a first and second metal oxide having the same metal (e.g., M1 = Co, etc.), whereby, and as an example provided by the examiner, Co3O4 (i.e., at least a second metal oxide having a ratio of c/a = 4/3) and Co3Oc (i.e., at least a first metal oxide that’s not Co3O4 with 1.9≤c≤4.1) at least provides a range of values b/a (e.g., b/a = 1.9/3 to 4.1/3) that overlaps the claimed 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, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). 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 7, 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 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 a third metal is doped on the lithium nickel transition metal oxide (i.e., core) ([0089]).
Regarding claims 9-11, 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 10, 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.).
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.
However, with regards to claim 9, Shin does not disclose the shell comprises at least one selected from a composite of the first metal oxide and the crystalline carbonaceous material and a resulting product of milling of the composite. Furthermore, with regards to claim 10, 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. 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.
The combined teachings of Shin and Maxwell as evidenced by Khe (or in the alternative Liu) disclose the composite cathode active material as discussed above in claim 1. 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 first metal oxide is within a matrix of the crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”) 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 crystalline 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 with the teachings of Maxwell (or in the alternative Liu) and as evidenced by Khe, 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 crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”), whereby the first metal oxide is within a matrix of the crystalline carbonaceous material, and a metal oxide and the crystalline 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.
Regarding claim 13, Shin 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 claim 11.
However, Shin is silent as to wherein a deviation in spatial distribution and/or concentration as determined by X-ray photoelectron spectroscopy (XPS) of a least one selected from the first metal oxide and the second metal oxide is 3% or less.
The combined teachings of Shin and Maxwell as evidenced by Khe (or in the alternative Liu) disclose the composite cathode active material as discussed above in claims 1, 9 and 11. Shin further discloses in [0053] the shell may have, for example, a multi-layered structure including a first layer including the first composition, etc., whereby as discussed in [0055] the concentration per unit area of the first metal contained in the first layer is greater than the concentration per unit area of the first metal contained in the primary particles. 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]).
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 as evidenced by Khe (or in the alternative Liu) further with teachings of Shin, whereby the first metal oxide and/or the second metal oxide as disclosed by Shin at least has a deviation within 5% of the stated value (i.e., concentration per unit area of the first metal contained in the first layer, etc., of said first metal oxide and/or the second metal oxide as discussed above), such that this at least provides a deviation range that overlaps the claimed deviation range of about 3 % or less, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Although Shin is silent as to said concentration is determined by X-ray photoelectron spectroscopy (XPS), since Shin discloses the deviation of said concentration (i.e., concentration per unit area) as discussed above, the skilled artisan would reasonably expect to have measured said concentration by XPS, for example, lacking any further compositional and/or chemical distinction thereof as claimed.
Regarding claim 16, Shin discloses the composite cathode active material as discussed above in claim 1. Shin further discloses a lithium-containing metal oxide may be at least one composite oxide, etc., represented by LiaE1-bB’bO2-cDc (wherein 0.90≤a≤1, 0≤b≤0.5, 0≤c≤0.5) ([0117]), whereby in [0118] B’ is Co, etc., and E is Co, etc., which at least provides when B’ = E = Co, a = 1, b = 0.5 and c = 0 the formula LiCoO2, which at least provides the lithium transition metal oxide is represented by the claimed Formula 2, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). Furthermore, since claimed Formula 2 may be derived from claimed Formula 1 (i.e., LiCoO2 of Formula 2 derived from Formula 1 when a = 1, x = 1, y = b = 0), and Shins provides the stoichiometric values that overlap the claimed range of Formula 2, Shin thereby meets both Formula 1 and Formula 2 (MPEP 2144.05, I.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shin and Maxwell as evidenced by Khe (or in the alternative Liu) as applied to claim 11 above, and further in view of Park et al. (U.S. PGPub US 2015/0037680 A1 as cited in the IDS), hereinafter Park.
Regarding claim 12, 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 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.).
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 as evidenced by Khe (or in the alternative 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 as evidenced by Khe (or in the alternative 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.
Claims 14-15 is rejected under 35 U.S.C. 103 as being unpatentable over Shin and Maxwell as evidenced by Khe (or in the alternative Liu) as applied to claims 9 and 11 above, and further in view of Son et al. (U.S. PGPub US 2015/0380728 A1 as cited in IDS), hereinafter Son.
Regarding claims 14-15, Shin discloses the composite active material as discussed above in claims 9 and 11. Shin further discloses the composite cathode active material and the shell comprising the first metal oxide as discussed above in claim 1. 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.
However, with regards to claim 14, Shin does not disclose 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. Furthermore, with regards to claim 15, 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.
The combined teachings of Shin and Maxwell as evidenced by Khe (or in the alternative Liu) disclose the composite cathode active material as discussed above in at least claims 1, 9 and 11. Son further 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]). With regards to claim 14, 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 reading on “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 first metal oxide (e.g., MnOx as discussed above in claim 1) would substitute SiOx so as to provide at least a first metal oxide distributed in said branched structure.
With regards to claim 15, 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.).
With regards to claim 15, 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”.
With regards to claim 15, 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 first metal oxide (e.g., MnOx as discussed above in claims 1 and 3) would substitute SiOx, thus reading on “the first metal oxide is distributed in the spherical structure” and further reading on “the first metal oxide is distributed inside the crumpled faceted-ball structure”.
With regards to claim 15, 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 as discussed above in claims 1 and 3) 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 as evidenced by Khe (or in the alternative Liu) with the teachings of Son, whereby the composite cathode active material including the metal oxide shell that includes a shell that comprises a crystalline carbonaceous material (i.e., graphene is a crystalline carbon as evidenced by Khe in [0039] “graphene is a crystalline form of carbon”), whereby the first metal oxide is within a matrix of the crystalline carbonaceous materials disclosed by the combined teachings of Shin and Maxwell (or in the alternative Liu) 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.
Clam 21 is rejected under 35 U.S.C. 103 as being unpatentable over Shin and Maxwell as evidenced by Khe (or in the alternative 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 21, 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 crystalline 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 as evidenced by Khe (or in the alternative 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 of the core through chemical C-O-Me bonding, and wherein Me denotes the transition metal of the transition metal oxide”. 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 as evidenced by Khe (or in the alternative Liu) with the teachings of Hersam, whereby the composite cathode active material including the carbonaceous material as disclosed by Shin and Maxwell (or in the alternative 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1,3-11, 13 and 16-18 rejected under 35 U.S.C. 103 in view of Shin and Liu (or in the alternative Ding) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Therefore, in the light of the amendment(s) to the claim(s) a new grounds of 35 U.S.C. 103 rejection is made for claims 1,3-11, 13 and 16-18 in view of Shin and Maxwell as evidenced by Khe (or in the alternative Liu). See the current 35 U.S.C. 103 rejection for the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hayner et al. (U.S. PGPub US 2017/0141387 A1) discloses a graphene-encapsulated electroactive material for use in a lithium ion electrochemical cell (Title), whereby as disclosed in [0016] an electrochemically active material comprising composite particles, each composite particle comprising a core material encapsulated within a shell comprising reduced graphene oxide, graphene oxide, or a combination thereof.
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/JOSHUA P MCCLURE/ Examiner, Art Unit 1723