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 1-23 are pending in the application.
Claims 1-14 and 21-23 are under examination.
Claim 15-20 are withdrawn.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.
New Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-14 and 21-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, “…the first layered phase surface portion comprising a structure having different lithium diffusion characteristics than a structure of the second layered phase surface portion…” is recited in Lines 16-18, and “…each of the structure of the first layered phase surface portion and the structure of the second layered phase surface portion having different diffusion characteristics from each other…” is recited in Lines 22-25, however the instant specification in [0048] discusses that “…the surface portion 2 includes a composite structure having a spinel phase and a layered phase. For example, the surface portion 2 may include two or more types (kinds) of phase structures (phases) having different orientations (e.g., having different paths for Li+ diffusion, for example, 3D diffusion into the spinel phase 4 and 2D diffusion into the layered phase). In this case, a layered phase, may be present in the area where a spinel phase 4 is absent in the surface portion 2. In the surface portion 2, the spinel phase 4 may be present in the form of an island(s)…”, such that this merely supports that the spinel and layered phase(s) have different paths for Li+ diffusion (i.e., 3D diffusion for the spinel, and 2D diffusion for the layered phase), and does not provide a first layered phase surface portion comprising a structure having different lithium diffusion characteristics than a structure of the second layered phase surface portion, nor does this provide each of the structure of the first layered phase surface portion and the structure of the second layered phase surface portion having different diffusion characteristics from each other, thereby introducing new matter.
Claims 2-14 and 21-23 are rejected as they depend from claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 and 21-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, “…the first layered phase surface portion comprising a structure having different lithium diffusion characteristics than a structure of the second layered phase surface portion…” is recited in Lines 16-18, and “…each of the structure of the first layered phase surface portion and the structure of the second layered phase surface portion having different diffusion characteristics from each other…” is recited in Lines 22-25, however the instant specification in [0048] discusses that “…the surface portion 2 includes a composite structure having a spinel phase and a layered phase. For example, the surface portion 2 may include two or more types (kinds) of phase structures (phases) having different orientations (e.g., having different paths for Li+ diffusion, for example, 3D diffusion into the spinel phase 4 and 2D diffusion into the layered phase). In this case, a layered phase, may be present in the area where a spinel phase 4 is absent in the surface portion 2. In the surface portion 2, the spinel phase 4 may be present in the form of an island(s)…”, such that this merely supports that the spinel and layered phase(s) have different paths for Li+ diffusion (i.e., 3D diffusion for the spinel, and 2D diffusion for the layered phase), and does not provide a first layered phase surface portion comprising a structure having different lithium diffusion characteristics than a structure of the second layered phase surface portion, nor does this provide each of the structure of the first layered phase surface portion and the structure of the second layered phase surface portion having different diffusion characteristics from each other, such that it is unclear based on the instant specification as to how each of the structure of the first layered phase surface portion and the structure of the second layered phase surface portion having different diffusion characteristics from each other, thereby failing to point out and distinctly claim the subject matter. Therefore, the examiner will interpret the claim 1 limitation as follows, “the layered phase of the surface portion comprising a first layered phase surface portion and a second layered phase surface portion, the first layered phase surface portion being spaced apart from the second layered phase surface portion, the spinel phase being arranged between the first layered phase surface portion and the second layered phase surface portion and being arranged to connect the first layered phase surface portion and the second layered phase surface portion.”
Claims 2-14 and 21-23 are rejected as they depend from claim 1.
Claim Rejections - 35 USC § 103
Claims 1, 4-5, 13 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (U.S. PGPub US 2014/0045067(A1)), hereinafter Cho, in view of Li et al. (Nano Lett. 2020, 20, 2756-2762), hereinafter Li.
Regarding claims 1 and 13, Cho discloses a nickel-based composite positive electrode active material (e.g., entire composition of LiNi0.54Co0.12Mn0.34O2 of Example 2, [0166], also See Example 1, [0161]) for a lithium secondary battery (Title, [0009], [0166]). Since Cho discloses LiNi0.54Co0.12Mn0.34O2 this provides a compound that meets claimed Formula 1, whereby a = 1, x = 0.12, y = 0.34, z = 0 (i.e., M is not present), α1 = 0, and 1-x-y-z = 0.54, which is within the claimed ranges of 0.95≤a≤1.3, 0<x<1, 0≤y<1, 0≤z<1, 0≤ α1≤0.1 and 0.3≤(1-x-y-z)<1 (MPEP 2131.03, I.) (With regards to claim 13). Cho further discloses the nickel-based composite positive electrode active material being in the form of secondary particles each comprised of a plurality of primary particles, wherein the secondary particles are formed of agglomerates of the plurality of primary particles (i.e., secondary particles formed of primary particles as discussed in [0203], Example 2, [0077], Figs. 7A-B), such that Fig. 4A ([0050]) at least provides secondary particles formed of agglomerates (i.e., gathered into a ball, mass, etc.) of the plurality of primary particles according to Example 2 as discussed in [0203].
Cho further discloses a core including a lithium metal composite oxide having a layered structure ([0012], [0014], [0070]-[0071], [0078]).
Cho further discloses a shell including a lithium metal composite oxide having a layered structure and having a different composition from the core, a lithium metal composite oxide having a spinel structure, or a combination thereof, whereby the shell is positioned on the surface of the core ([0012], [0066]), such that a combination thereof at least provides said shell may include a lithium metal composite oxide having a layered structure and/or a spinel structure.
Cho further discloses a shell including a lithium metal composite oxide having a layered structure and having a different composition from the core, a lithium metal composite oxide having a spinel structure, or a combination thereof, whereby the shell is positioned on the surface of the core, etc., as discussed above, and Cho further discloses in [0204] referring to Figs. 7C to 7E, the positive active material for a rechargeable lithium battery according to Example 2 showed a spinel structure of Fd-3m on the surface, this at least provides a layered phase of the surface portion, etc., such that the skilled artisan would appreciate that a combination thereof at least encompasses a spinel phase, a layered phase, etc., so as to make up said shell, and lacking any further structural distinction thereof.
Although Cho does not explicitly state the layered phase of the surface portion comprising structures having different orientations, one having ordinary skill before the effective filing date would appreciate that since Cho discloses in [0193] the positive active material for a rechargeable lithium battery according to Example 1 also showed peaks of 003, 104, and 101, and thus had a typical layered structure (R-3m), and herein, each peak showed a wider full width at half maximum due to composition or structure change of a core and a shell, such that said layered phase at least has different orientations so as to correspond to the peaks of 003, 104, and 101, whereby the skilled artisan would appreciate that said layered phase of the surface portion at least comprises structures (e.g., having different orientations) so as to be multi-crystalline (i.e., said structures are at least multi-crystalline since there is no specific disclosure by Cho as to single crystalline layered phase(s)), lacking any chemical and/or structural distinction thereof as to said layered phase of the surface portion comprising structures.
However, Cho is silent as to each of the plurality of primary particles comprises: a core portion formed of a nickel-based lithium metal oxide having a layered phase, and a surface portion positioned on the core portion, the surface portion comprising a composite structure including a spinel phase and the layered phase. Furthermore, Cho is silent as the layered phase of the surface portion comprising a first layered phase surface portion and a second layered phase surface portion, the first layered phase surface portion being spaced apart from the second layered phase surface portion, the spinel phase being arranged between the first layered phase surface portion and the second layered phase surface portion and being arranged to connect the first layered phase surface portion and the second layered phase surface portion.
Li teaches hidden subsurface reconstruction and its atomic origins in layered oxide cathodes (Title). Li further teaches each of the plurality of primary particles comprises: a core portion formed of a nickel-based lithium metal oxide having a layered phase (i.e., at least layered oxide cathode LiNi0.495Mn0.495Mo0.01O2 (LNMMO) with layered structure with R3m symmetry, etc., as discussed on Page 2757:C1:P2:L8-17, and Page 2757:C2:P2:L13-15), and a surface portion positioned on the core portion (i.e., at least as shown in the ABF image and the corresponding schematic (Fig. 1f), multiple spinel-like nanoregions that are a few nanometers in width are observed within the layered matrices, forming discrete domains at the subsurface regions, etc., as discussed in Page 2758:P1:C1:L1-14), such that the skilled artisan would appreciate that a subsurface portion(s) is at least surface portion positioned on the core as shown in Annotated Fig. 4e (also see Figs. 4a-d with regards to subsurface and/or core portion(s)).
Li further teaches the surface portion comprising a composite structure including a spinel phase and the layered phase (See Annotated Fig. 4e, also see Figs 4a-d, Figs. 2a-j, Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4).
Li further teaches the layered phase of the surface portion comprising a first layered phase surface portion and a second layered phase surface portion, the first layered phase surface portion being spaced apart from the second layered phase surface portion (See Annotated Figs. 1f and 4e, also see Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4), such that the skilled artisan would appreciate that first/second layered phase surface portion(s) so as to provide 3 monolayers of a transitional spinel-like structure, then fiver monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed as discussed in Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4, etc., lacking any further distinction thereof as to said portion(s).
Li further teaches the spinel phase being arranged between the first layered phase surface portion and the second layered phase surface portion and being arranged to connect the first layered phase surface portion and the second layered phase surface portion (See Annotated Figs. 1f and 4e, also see Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4), so as to provide 3 monolayers of a transitional spinel-like structure, then fiver monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed as discussed in Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4, and such that each of the different structures at least have different orientations from each other (i.e., at least have different orientations, such that since Li teaches multiple different layered domains connected by spinel-like nanoregions, this at least provides said layered phase has different structures, as evidenced by the instant specification in [0063] which recites that a structure having different orientations (e.g., may be present in a plurality of domains)).
Furthermore, the skilled artisan would appreciate that the spinel phase at least is arranged between the first layered phase surface portion, and the second layered phase surface portion and is at least arranged to connect the first layered phase surface portion and the second layered phase surface portion so as to provide 3 monolayers of a transitional spinel-like structure, then fiver monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed, etc., as discussed above, and lacking any further distinction thereof.
Li further teaches Page 2757:C2:P2:L1-10 Mo-doped LNMMO particles has shown that Mo doping can strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho with the teachings of Li, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by Cho further includes the primary particles including a core portion and surface portion as taught by Li so as to strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
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Regarding claim 4, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1.
However, Cho appears silent as to at least one of the spinel phase or the layered phase comprises structures having different orientations.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. As discussed above in claim 1, Li teaches the spinel phase being arranged to connect the different structures of the layered phase (See Annotated Figs. 1f and 4e above in claim 1, also see Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4), so as to provide 3 monolayers of a transitional spinel-like structure, then fiver monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed as discussed in Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4, such that each of the different structures at least have different orientations so as to provide the layered phase comprises structures having different orientations (i.e., at least have different orientations, such that since Li teaches multiple different layered domains connected by spinel-like nanoregions, this at least provides said layered phase has different structures having different orientations from each other, as evidenced by the instant specification in [0063] which recites that a structure having different orientations (e.g., may be present in a plurality of domains)), lacking any further structural and/or chemical distinction thereof as claimed as to said orientation(s).
Li further teaches Page 2757:C2:P2:L1-10 Mo-doped LNMMO particles has shown that Mo doping can strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Cho and Li further with the teachings of Li, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by Cho further includes the primary particles including a core portion and surface portion, and the layered phase comprises structures having different orientations as taught by Li so as to strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Regarding claim 5, Cho discloses the nickel-based composite electrode active material as discussed above in claim 1. Cho further discloses a shell including a lithium metal composite oxide having a layered structure, etc., a lithium metal composite oxide having a spinel structure, or a combination thereof, whereby the shell is positioned on the surface of the core ([0012]), and whereby the shell may have a thickness of about 100 nm to about 700 nm ([0070]), such that a shell with a spinel phase is at least in an area within 100 nm from a surface of the nickel-based composite positive electrode active material.
However, Cho appears silent as to the spinel phase is contained in an area within 100 nm from a surface of the nickel-based composite positive electrode active material (i.e., with regards to each of plurality of primary particles).
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. Li teaches multiple spinel-like nanoregions that are a few nanometers in width are observed within the layered matrices, forming discrete domains at the subsurface regions, etc., as discussed in Page 2758:P1:C1:L1-14 and above in claim 1. Li further teaches Page 2758:C2:P2:L3-11 and Page 2759:C1:P1:L1-4 that 3 monolayers of a transitional spinel-like structure, then five monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed, etc., and further provides as shown in Figs. 2a-d the incipient-spinel region that is about 1-3 nm (See Fig. 2c) and between two layered domain areas (See Figs. 2c-d) of about 1-2 nm, which at least provides the spinel phase is contained in an area within 100 nm from a surface of the nickel-based composite positive electrode active material (i.e., with regards to each of plurality of primary particles), thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Li further teaches Page 2757:C2:P2:L1-10 Mo-doped LNMMO particles has shown that Mo doping can strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
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 Cho and Li further with the teachings of Li, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li further includes the primary particles including a core portion and surface portion, whereby the spinel phase is contained within an area within 100 nm from a surface of the nickel-based composite positive electrode active material as taught by Li so as to strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Regarding claim 21, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1. Cho further discloses a lithium secondary battery comprising: a positive electrode comprising a nickel-based composite positive electrode active material (Examples 1-2, [0161], [0166]); a negative electrode (i.e., lithium foil, [0168]-[0169]); and an electrolyte (i.e., liquid electrolyte, [0168]-[0169]) between the positive electrode and the negative electrode (Examples 3-4, [0167]-[0170]), such that the liquid electrolyte is at least between the positive and negative electrode so as to have a functional rechargeable lithium battery cell.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. Li further teaches Page 2757:C2:P2:L1-10 Mo-doped LNMMO particles has shown that Mo doping can strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
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 Cho and Li further with the teachings of Li, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles, negative electrode, electrolyte, etc., as disclosed by the combined teachings of Cho and Li further includes the primary particles (i.e., positive electrode comprising the nickel-based composite positive electrode active material as discussed above in claim 1) including a core portion and surface portion as taught by Li so as to strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Claims 22 is rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Li as applied to claim 1 above, or in the alternative, and further in view of Xiong et al. (U.S. PGPub US 2021/0104742 A1), hereinafter Xiong.
Regarding claim 22, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1. However, Cho is silent as to the first layered phase surface portion and the second layered phase surface portion have different paths for lithium diffusion, and the spinel phase is arranged to connect the path for lithium diffusion of the first layered phase surface portion to the path for lithium diffusion of the second layered phase surface portion to facilitate the movement of lithium ions between the different structures.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. Furthermore, and as discussed above in claim 1, Li teaches the spinel phase being arranged to connect the different structures of the first/second layered phase(s) (See Annotated Figs. 1f and 4e above in claim 1, also see Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4), so as to provide 3 monolayers of a transitional spinel-like structure, then fiver monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed as discussed in Page 2758:C2:P2:L3-11, Page 2759:C1:P1:L1-4, such that each of the different structures at least have different orientations so as to provide the layered phase comprises structures having different orientations (i.e., at least have different orientations, whereby since Li teaches multiple different layered domains connected by spinel-like nanoregions, this at least provides said layered phase has different structures, as evidenced by the instant specification in [0063] which recites that a structure having different orientations (e.g., may be present in a plurality of domains)), lacking any further structural and/or chemical distinction thereof as claimed.
Therefore, since Li discloses the first/second layered phase surface portion(s), spinel-like nanoregions connecting said portion(s), etc., this at least provides the first layered phase surface portion and the second layered phase surface portion have different paths for lithium diffusion, and the spinel phase is arranged to connect the path for lithium diffusion of the first layered phase surface portion to the path for lithium diffusion of the second layered phase surface portion to facilitate the movement of lithium ions between the different structures, such that the skilled artisan would appreciate (as evidenced by the instant specification in [0048] with regards to layered phase(s) having 2D diffusion, and spinel phases having 3D diffusion), that said portion(s) at least have different paths for lithium diffusion so as to be separate portion(s) as discussed above in Li, and the spinel phase at least facilitates movement of lithium ions between the different structures so as to possess 3D diffusion (as evidenced by the instant specification in [0048]), and lacking any further distinction thereof.
Li further teaches Page 2757:C2:P2:L1-10 Mo-doped LNMMO particles has shown that Mo doping can strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
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 Cho and Li further with the teachings of Li, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by Cho further includes the primary particles including a core portion and surface portion, and the first layered phase surface portion and the second layered phase surface portion have different paths for lithium diffusion, and the spinel phase is arranged to connect the path for lithium diffusion of the first layered phase surface portion to the path for lithium diffusion of the second layered phase surface portion to facilitate the movement of lithium ions between the different structures as taught by Li so as to strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Furthermore, since the combined teachings of Cho and Li provide the different structures of the layered phase with different paths, the spinel phase is arranged to connect the different paths, etc., which is an identical and/or substantially identical product to that claimed, properties and/or functions such as lithium diffusion and/or facilitate the movement of lithium ions between the different structures are presumed inherent (MPEP 2112.01, I., II.), lacking any further structural and/or chemical distinction thereof as claimed.
In the alternative, Xiong further teaches in [0008] Li-substituted layered-tunneled O3/spinel Na(NixFeyMnz)O2 cathode material, Na0.87Li0.25Ni0.4Fe0.2Mn0.4O2+∂ (LS-NFM) for enhanced sodium ion storage and cycling stability, etc., and the Rietveld refinement of XRD data indicated that the cathode is composed of 94% layered and 6% spinel components, such that the great structural compatibility and connectivity of the two phases are confirmed by XRD, selected area electron diffraction (SAED) and high-resolution transmission electron microscopy (HRTEM), and whereby the galvanostatic intermittent titration (GITT) analysis suggested that the Na ion diffusivity of LSNFM is significantly improved compared to the pure-phased un-doped NFM control. Xiong further teaches in [0038] and Table 1 the Rietveld refinement result suggests that the LS-NFM material is composed of 94% of a dominant α-NaFeO2 phase (i.e., space group: R3m), and 6% of a secondary spinel phase (i.e., space group: Fd3m), and the XRD pattern of NFM, the single α-NaFeO2 phase (i.e., layered phase), etc. Xiong further teaches in [0038] XRD patterns showed a dominant O3-type layered structure with the secondary spinel, whereby asterisk-marked peaks at 18.29°, 43.77°, 63.80° correspond to the (111), (400) and (511) planes of the spinel phase, respectively, and in terms of the layered O3 phase, the (003) and (006) planes, etc. Xiong further teaches in [0040] the HRTEM image of the as-prepared LS-NFM sample (FIG. 4A) exhibits the (003) plane of the layered phase and the (111) plane of the spinel phase where nanoscale domains of the layered and spinel components are structurally integrated, such that it is worth noting the great structural compatibility and connectivity of the two close-packed structures, which at least provides layered phase surface portion(s) having paths for lithium diffusion, and the spinel phase is arranged to connect the path for lithium diffusion of the layered phase surface portion(s) to the path for lithium diffusion so as to facilitate the movement of lithium ions between the different structures, etc., such that said nanoscale domains of the layered and spinel components as taught by Xiong at least provides the layered and/or spinel phases comprises different structures (as evidenced by the instant specification in [0063] which recites that a structure having different orientations (e.g., may be present in a plurality of domains)), etc., and such that said spinel phase is at least arranged to connect different structures and/or path(s) of the layered phase so as to provide a material that is structurally integrated, such that it is worth noting the great structural compatibility and connectivity of the two close-packed structures. Furthermore, since Xiong teaches in [0043] one of the advantages of the layered-spinel cathodes used for lithium-ion batteries is the enhanced rate capability due to the shortened diffusion path that is created by the integration of 3D channels (spinel phase), and 2D channels (layered phase), etc., such that as taught in [0048] the diffusion coefficient of LS-NFM is 1 order of magnitude higher than that of the NFM, etc., whereby the enhanced charge transport kinetics can be explained by the improved ion diffusion through direct channels between the 2D layered and 3D spinel component, the skilled artisan would appreciate that this at least provides the spinel phase is arranged to connect the different paths for lithium diffusion to facilitate the movement of lithium ions between the different structures, so as to provide enhanced rate capability due to the shortened diffusion path that is created by the integration of 3D channels (spinel phase), and 2D channels (layered phase) and so as to provide Na ion diffusivity of LSNFM that is significantly improved compared to the pure-phased un-doped NFM control.
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 Cho and Li further with the teachings of Xiong, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li including the primary particles including a core portion and surface portion and the layered phase comprising structures having different orientations (i.e., at least path(s)), first/second layered phase surface portion(s), and spinel phase connecting said first/second layered phase surface portion(s) as taught by Li further includes layered phase surface portion(s) having paths for lithium diffusion, and the spinel phase is arranged to connect the path for lithium diffusion of the layered phase surface portion(s) to the path for lithium diffusion so as to facilitate the movement of lithium ions between the different structures as taught by Xiong so as to provide layered-spinel cathodes used for lithium-ion batteries with an enhanced rate capability due to the shortened diffusion path that is created by the integration of 3D channels (spinel phase), and 2D channels (layered phase), etc.
Furthermore, since the combined teachings of Cho and Li and Xiong provide the different structures of the layered phase with different paths, the spinel phase is arranged to connect the different paths, etc., which is an identical and/or substantially identical product to that claimed, properties and/or functions such as lithium diffusion and/or facilitate the movement of lithium ions between the different structures are presumed inherent (MPEP 2112.01, I., II.), lacking any further structural and/or chemical distinction thereof as claimed.
Claims 23 is rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Li as applied to claim 1 above, and further in view of Choi et al. (U.S. PGPub US 2018/0145322 A1), hereinafter Choi.
Regarding claim 23, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1. However, Cho is silent as to the orientation of the layered phase of the core portion and the layered phase of the surface portion are different.
The combined teachings of Cho and Li disclose the nickel-based composite positive active material as discussed above in claim 1. Choi teaches a composite cathode active material, cathode and lithium battery containing the same, and method of preparing the composite cathode active material (Title). Choi further teaches in [0038] according to an embodiment, a composite cathode active material includes a large-diameter (e.g., first) cathode active material including a core that includes a first lithium transition metal oxide represented by Formula 1 and having a first layered crystalline phase that belongs to a R-3m space group; and a coating layer disposed on the core and including a second lithium transition metal oxide having a plurality of layered crystalline phases, in which each layered crystalline phase of the plurality of layered crystalline phases has a different composition, etc., whereby as taught in [0044] in the composite cathode active material, the second lithium transition metal oxide includes a plurality of layered crystalline phases, in which each layered crystalline phase of the plurality of layered crystalline phases has a different composition, for example, the second lithium transition metal oxide may include a second layered crystalline phase that belongs to a C2/m space group and a third layered crystalline phase that belongs to a R-3m space group, such that the second lithium transition metal oxide may be a composite of the second layered crystalline phase and the third layered crystalline phase (also see [0045]). Choi further teaches in [0051] in the composite cathode active material, the coating layer including the second lithium transition metal oxide may be a discontinuous coating on a surface of the core, and more specifically, the coating layer may have a sea-island type structure on the surface of the core, for example, the second lithium transition metal oxide included in the coating layer may be discontinuously arranged as discrete islands on the surface of the core, or for example, the coating may be disposed on the surface of the core in an arrangement such as that shown in FIG. 1. Therefore, since Choi discloses a cathode active material including a core that includes a first lithium transition metal oxide having a first layered crystalline phase that belongs to a R-3m space group; and a coating layer disposed on the core and including a second lithium transition metal oxide having a plurality of layered crystalline phases (e.g., C2/m space group(s) and/or R-3m space group(s)), and further teaches the coating layer including the second lithium transition metal oxide may be a discontinuous coating on a surface of the core (e.g., sea-island type structure), etc., the skilled artisan would appreciate that this at least provides the orientation of the layered phase of the core portion and the layered phase of the surface portion are different so as to have different layered phases, and lacking any further structural and/or chemical distinction thereof.
Choi further teaches in [0040] when the composite cathode active material includes a core including a first lithium transition metal oxide and coating including a second lithium transition metal oxide which includes a plurality of crystalline phases, an amount of free (e.g., residual or unbound) lithium is reduced, and deterioration of the composite cathode active material is suppressed, and in this regard, charge/discharge characteristics of a lithium battery including the composite cathode active material may be improved.
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 Cho and Li with the teachings of Choi, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li further includes the orientation of the layered phase of the core portion and the layered phase of the surface portion are different (e.g., have different layered crystalline phases, etc.) as taught by Choi so as to provide a composite cathode active material that includes a core including a first lithium transition metal oxide and coating including a second lithium transition metal oxide which includes a plurality of crystalline phases, so that an amount of free (e.g., residual or unbound) lithium is reduced, and deterioration of the composite cathode active material is suppressed, thereby improving charge/discharge characteristics of a lithium battery.
Furthermore, since the combined teachings of Cho and Li and Choi provide the layered phase of the core portion and the layered phase of the surface portion are different, etc., which is an identical and/or substantially identical product to that claimed, properties and/or functions such as the orientation(s) (as evidenced in [0063] in the instant specification whereby at least one of the spinel phase or the layered phase may include a structure having different orientations (e.g., may be present in a plurality of domains)), are presumed inherent (MPEP 2112.01, I., II.), lacking any further structural and/or chemical distinction thereof as claimed.
Claims 2 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Cho and Li as applied to claim 1 above, and further in view of Yu et al. (U.S. Patent US 8,557,440 B2), hereinafter Yu.
Regarding claim 2, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1. Cho further discloses in the positive active material for a rechargeable lithium battery, the compound included in the shell may have a concentration gradient, etc. ([0025]).
However, Cho is silent as to the surface portion, an amount of the spinel phase contained in each of the primary particles has a concentration gradient in which the amount thereof increases in a direction towards the surface portion from the core portion.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. Yu further teaches the surface adjacent portion gradually changes from a layered structure to a spinel structure from an inner part thereof to a surface part thereof, etc. (Abstract, C3:L8-14), thus reading on “wherein in the surface portion, an amount of the spinel phase contained in each of the primary particles has a concentration gradient in which the amount thereof increases in a direction towards the surface portion from the core portion” such that a gradual change at least necessitates a concentration gradient. Yu further teaches a positive electrode active material, a method of manufacturing the positive electrode active material, and a battery using the positive electrode active material that can significantly improve various battery characteristics, such as high-rate capability, charge-discharge efficiency, and discharge capacity while preventing the energy density from decreasing (C2:L60-67).
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 Cho and Li further with the teachings of Yu, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li further includes the primary particles including a core portion and surface portion with concentration gradient as taught by Yu so that a positive electrode active material, etc., and a battery using the positive electrode active material can significantly improve various battery characteristics, such as high-rate capability, charge-discharge efficiency, and discharge capacity while preventing the energy density from decreasing.
Regarding claims 11-12, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1.
However, with regards to claim 11, Cho is silent as to the surface portion further comprises a compound containing at least one selected from titanium, zirconium, magnesium, barium, boron, and aluminum. Furthermore, with regards to claim 12, Cho is silent as to the compound is titanium oxide, zirconium oxide, magnesium oxide, barium carbonate, boric acid, aluminum oxide, or a combination thereof.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. Yu further teaches with the positive electrode active material particles of the present invention cells D1 to D4, the cycle performance can be improved by coating the surfaces of the positive electrode active material particles with Al2O3 or the like, etc. (C13:L65-67, C14:L1-3), which at least provides the surface portion further comprises a compound containing aluminum from the group (with regards to claim 11), and the compound is aluminum oxide (i.e., Al2O3) from the group (with regards to claim 12). Yu further teaches a positive electrode active material, a method of manufacturing the positive electrode active material, and a battery using the positive electrode active material that can significantly improve various battery characteristics, such as high-rate capability, charge-discharge efficiency, and discharge capacity while preventing the energy density from decreasing (C2:L60-67).
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 Cho and Li further with the teachings of Yu, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li further includes the primary particles including a core portion and surface portion including a compound such as aluminum oxide (i.e., Al2O3) as taught by Yu so that a positive electrode active material, etc., and a battery using the positive electrode active material can significantly improve various battery characteristics, such as high-rate capability, charge-discharge efficiency, and discharge capacity while preventing the energy density from decreasing.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cho in view of Li and Yu as applied to claim 2 above, and further in view of Mun et al. (U.S. Patent US 10,276,862 B2), hereinafter Mun.
Regarding claim 3, Cho discloses the nickel-based composite positive electrode active material as discussed above in claims 1-2.
However, Cho does not disclose the core portion further comprises the spinel phase.
The combined teachings of Cho and Li and Yu disclose the nickel-based composite positive electrode active material as discussed above in claims 1-2. Mun teaches a composite cathode active material, method of preparing the composite cathode active material, and cathode and lithium battery each including the composite cathode active material (Title). Mun further teaches a composite cathode active material includes: a core including a lithium intercalatable oxide which enables intercalation and deintercalation of lithium (C1:L60-63). Mun further teaches the core may comprise an overlithiated or a non-overlithiated layered compound, a spinel compound, etc. or a combination thereof (C4:L38-41), such that a combination thereof at least provides the core portion comprises, for example, the spinel phase and the layered phase. Mun further teaches in particular since the lithium metal oxide is a lithium ion conductor, the lithium metal oxide does not substantially decrease lithium ion conductivity of the composite cathode active material, whereby charging and discharging efficiency, high-rate characteristics, and high-temperature lifespan characteristics of lithium batteries including the composite cathode active material may be improved (C4:L60-67).
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 Cho and Li and Yu with the teachings of Mun, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li and Yu and the primary particles including a core portion and surface portion as disclosed by Yu further includes the spinel phase in the core portion as taught by Mun so as to improve the charging and discharging efficiency, high-rate characteristics, and high-temperature lifespan characteristics of lithium batteries including the composite cathode active material (i.e., composite positive electrode active material).
Claims 7 and 9-10 is rejected under 35 U.S.C. 103 as being unpatentable over Cho and Li as applied to claim 1 above, and further in view of Mun et al. (U.S. Patent US 10,276,862 B2), hereinafter Mun, and Park et al. (U.S. PGPub US 2019/0006669 A1), hereinafter Park.
Regarding claims 7 and 9-10, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 1.
However, with regards to claim 7, Cho appears silent as to the core portion further comprises the spinel phase, and an amount of the spinel phase contained in the primary particles has a concentration gradient in which the amount thereof increases in a direction towards a surface from the center of the secondary particles of the nickel-based composite positive electrode active material. Furthermore, with regards to claim 9, Cho appears silent as to a grain boundary area of the nickel-based lithium metal oxide comprises the spinel phase in the form of a plurality of islands. Furthermore, with regards to claim 10, Cho appears silent as to the core portion further comprises the spinel phase in the form of a plurality of islands.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claim 1. Mun teaches a composite cathode active material, method of preparing the composite cathode active material, and cathode and lithium battery each including the composite cathode active material (Title). Mun further teaches a composite cathode active material includes: a core including a lithium intercalatable oxide which enables intercalation and deintercalation of lithium (C1:L60-63). Mun further teaches the core may comprise an overlithiated or a non-overlithiated layered compound, a spinel compound, etc. or a combination thereof (C4:L38-41), such that a combination thereof at least provides the core portion comprises, for example, the spinel phase and the layered phase (with regards to claim 7). Mun further teaches in particular since the lithium metal oxide is a lithium ion conductor, the lithium metal oxide does not substantially decrease lithium ion conductivity of the composite cathode active material, whereby charging and discharging efficiency, high-rate characteristics, and high-temperature lifespan characteristics of lithium batteries including the composite cathode active material may be improved (C4:L60-67).
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 Cho and Li with the teachings of Mun, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li further includes the spinel phase in the core portion as taught by Mun so as to improve the charging and discharging efficiency, high-rate characteristics, and high-temperature lifespan characteristics of lithium batteries including the composite cathode active material (i.e., composite positive electrode active material).
Park teaches a composite cathode active material, cathode and lithium battery including the same, and method of preparing the composite cathode active material (Title). Park further teaches the composite cathode active material has a core including a plurality of primary particles including a nickel-containing first lithium transition metal oxide having a layered crystal structure; a grain boundary disposed between adjacent primary particles of the plurality of primary particles; and a shell on the core, the shell including a second lithium transition metal oxide having a spinel crystal structure, wherein the grain boundary includes a first composition having a spinel crystal structure (Abstract, [0012], [0036], [0047], Fig. 1B). Park further teaches the composite cathode active material (Figs. 1A-B, ref. 300) may be a secondary particle formed by agglomeration of the plurality of primary particles (Figs. 1A-B, ref. 10) ([0037]), whereby the core of the composite cathode active material, the first composition may have a concentration gradient that changes from a center part to a surface part of the core, whereby a concentration of the first composition may be low at a center part of the core, and concentration of the first composition may be high at a surface part of the core, etc. ([0043]), thus reading on “an amount of the spinel phase contained in the primary particles has a concentration gradient in which the amount thereof increases in a direction towards a surface from the center of the secondary particles of the nickel-based composite positive electrode active material” (with regards to claim 7). Park further teaches the first composition may be arranged in the core in the discontinuous manner ([0043]), whereby the grain boundaries (Fig. 1B, refs. 20, 32, and 42) may have an average grain boundary length in a range of about 50 nanometers (nm) to about 1000 nm and average grain boundary thickness in a range of about 1 nm to about 200 nm ([0048]), thus reading on “a grain boundary area of the nickel-based lithium metal oxide comprises the spinel phase in the form of a plurality of islands” (with regards to claim 9) and further reading on “the core portion further comprises the spinel phase in the form of a plurality of islands” (with regards to claim 10), such that the spinel phase ground boundaries present in the core (Fig. 1B, refs. 20, 32, and 42) at least possess an area (i.e., an area provided by multiplying the length and thickness) and since said grain boundaries may be arranged in a discontinuous manner at least provides a grain boundary area in the form of a plurality of islands such that islands are at least arranged in a discontinuous manner (Abstract, [0012], [0036], [0047], Fig. 1B). Park further teaches when the core (ref. 100) of the composite active material (ref. 300) includes the grain boundary (ref. 20) including the first composition having a spinel crystal structure between adjacent primary particles of the plurality of primary particles (ref. 10), lithium ion conduction within the core (ref. 100) may be facilitated, and elution of nickel ions from the primary particle (ref. 10) in the core (ref. 100) to an electrolyte solution penetrated into the core (ref. 100) may be suppressed ([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 Cho and Li and Mun further with the teachings of Park, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li and Mun further includes a grain boundary area of the nickel-based lithium metal oxide comprises the spinel phase in the form of a plurality of islands and the core portion further comprises the spinel phase in the form of a plurality of islands as taught by Park, thereby facilitating lithium ion conduction within the core, and suppressing the elution of nickel ions from the primary particle in the core to an electrolyte solution penetrated into the core.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cho and Li and Mun and Park as applied to claim 7 above, and further in view of and Kaseda et al. (U.S. PGPub US 2016/0006031 A1), hereinafter Kaseda.
Regarding claim 8, Cho discloses the nickel-based composite positive electrode active material as discussed above in claim 7.
However, Cho is silent as to the amount of the spinel phase in an area within 100 nm from a surface of the nickel-based composite positive electrode active material is 70 parts by weight or less with respect to 100 parts by weight of the total weight of the layered phase and the spinel phase.
The combined teachings of Cho and Li and Mun and Park disclose the nickel-based composite positive electrode active material as discussed above in claim 7. Li teaches multiple spinel-like nanoregions that are a few nanometers in width are observed within the layered matrices, forming discrete domains at the subsurface regions, etc., as discussed in Page 2758:P1:C1:L1-14 and above in claim 1. Li further teaches Page 2758:C2:P2:L3-11 and Page 2759:C1:P1:L1-4 that 3 monolayers of a transitional spinel-like structure, then five monolayers of layered structures with strong cation mixing, and finally a few monolayers of incipient-spinel structures, etc., whereby further inside, a gradual transition from the incipient-spinel structures to the layered structures with less cation mixing is observed, etc., and further provides as shown in Figs. 2a-d the incipient-spinel region that is about 1-3 nm (See Fig. 2c) and between two layered domain areas (See Figs. 2c-d) of about 1-2 nm, which at least provides the spinel phase is contained in an area within 100 nm from a surface of the nickel-based composite positive electrode active material (i.e., with regards to each of plurality of primary particles), thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Li further teaches Page 2757:C2:P2:L1-10 Mo-doped LNMMO particles has shown that Mo doping can strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
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 Cho and Li and Mun and Park further with the teachings of Li, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li and Mun and Park further includes the primary particles including a core portion and surface portion, whereby the spinel phase is contained within an area within 100 nm from a surface of the nickel-based composite positive electrode active material as taught by Li so as to strongly reduce the Li+/Ni2+ cation mixing in the layered lattice, which consequently enhances the cathode’s reversible capacity and cycling stability.
Kaseda teaches a positive electrode active substance, positive electrode material, positive electrode, and non-aqueous electrolyte secondary battery (Title). Kaseda further teaches a Li-Ni composite oxide particles in which the spinel lithium manganate was coated in an amount of 5% by weight on the surface of the secondary particles of the LiNi0.50Mn0.30Co0.20O2 as a nucleus (core) ([0137], Example 1), which at least provides an amount that is within the claimed range of the amount of the spinel phase in an area within 100 nm from a surface of the nickel-based composite positive electrode active material is 70 parts by weight or less with respect to 100 parts by weight of the total weight of the layered phase and the spinel phase, thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Kaseda further teaches with this core-shell structure, cycle characteristics of a non-aqueous electrolyte secondary battery are further improved ([0046]).
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 Cho and Li and Mun and Park, further with the teachings of Kaseda, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li and Mun and Park further includes the amount of the spinel phase in an area within 100 nm from a surface of the nickel-based composite positive electrode active material is 70 parts by weight or less with respect to 100 parts by weight of the total weight of the layered phase and the spinel phase as taught by Kaseda so as to provide a core-shell structure with improved cycle characteristics for a non-aqueous electrolyte secondary battery.
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cho and Li as applied to claims 1 and 5 above, and further in view of Kaseda et al. (U.S. PGPub US 2016/0006031 A1), hereinafter Kaseda.
Regarding claims 6 and 14, Cho discloses the nickel-based composite positive electrode active material as discussed above in claims 1 and 5.
However, with regards to claim 6, Cho is silent as to the spinel phase is present in the form of a plurality of islands. Furthermore, with regards to claim 14, Cho is silent as to the amount of the spinel phase is about 0.1 parts by weight to about 30 parts by weight with respect to 100 parts by weight of the total weight of the layered phase and the spinel phase.
The combined teachings of Cho and Li disclose the nickel-based composite positive electrode active material as discussed above in claims 1 and 5. Kaseda teaches a positive electrode active substance, positive electrode material, positive electrode, and non-aqueous electrolyte secondary battery (Title). Kaseda further teaches in Figs. 1A-B, ref. 1 indicates a shell part of a positive electrode material, ref. 2 indicates a core part of a positive electrode material, and ref. 3 indicates a positive electrode material ([0046]). Kaseda further teaches the lithium composite oxide contained in the shell part is not particularly limited, etc., whereby specific examples thereof include lithium manganate of a spinel structure, etc. ([0053]), such that the shell part is not limited to the form in which it covers the entire core part, and it may coat only part of the core part (a composite oxide of a shell part is sprinkled on a surface of a composite oxide of the core part and part of the surface of the core part may remain exposed) ([0050]). Kaseda further discloses a sea-island structure in which different materials are sprinkled in an island shape within a matrix material is also possible ([0047]), whereby examples of the embodiment of preparing the shell part to have two or more layers include the structures (1) to (5) that are described above for the core part ([0052]), thus reading on “the spinel phase is present in the form of a plurality of islands”, such that the structure (3) described in [0047] teaches said sea-island structure (with regards to claim 6). Kaseda further teaches a Li-Ni composite oxide particles in which the spinel lithium manganate was coated in an amount of 5% by weight on the surface of the secondary particles of the LiNi0.50Mn0.30Co0.20O2 as a nucleus (core) ([0137], Example 1), which at least provides the spinel phase quantity that is within the claimed range of about 0.1 parts by weight (0.1 wt. %) to about 30 parts by weight (30 wt. %) with respect to 100 parts (100 wt. %) by weight of the total weight of the layered phase and the spinel phase (with regards to claim 14), thus a prima facie case of anticipation exists (MPEP 2131.03, I.). Kaseda further teaches with this core-shell structure, cycle characteristics of a non-aqueous electrolyte secondary battery are further improved ([0046]).
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 Cho and Li, further with the teachings of Kaseda, whereby the nickel-based composite positive electrode active material for a lithium secondary battery including the secondary particles formed of agglomerates of the plurality of primary particles as disclosed by the combined teachings of Cho and Li further includes the spinel phase in the form of a plurality of sea-islands in the shell and the amount of the spinel phase is about 0.1 parts by weight to about 30 parts by weight with respect to 100 parts by weight of the total weight of the layered phase and the spinel phase as taught by Kaseda so as to provide a core-shell structure with improved cycle characteristics for a non-aqueous electrolyte secondary battery.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-5, 13, and 21-22 rejected under 35 U.S.C. 103 in view of Cho and Li and Xiong 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 light of the amendments to the claims, a new grounds of rejection 35 U.S.C. 103 in view of Cho and Li for claims 1, 4-5, 13 and 21 is made. See the current 35 U.S.C. 103 rejection above for the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pullen et al. (U.S. PGPub US 2020/0235389 A1) discloses a polycrystalline metal oxides with enriched grain boundaries (Title), and further discloses in Abstract the particles are characterized by grain boundaries between adjacent crystallites of the plurality of crystallites and comprising a second composition having a layered α-NaFeO2-type structure, a cubic structure, a spinel structure, or a combination thereof, etc.
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.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727