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 .
Status of Claims
Claim 1 is amended. Claims 2, 4-5, 7-9, 11, 14 & 16-17 are canceled. Claims 21-23 are newly added. Claims 1, 3, 6, 10, 12-13, 15 & 18-23 are currently pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 6, 10, 12-13, 15 & 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 2019/0148717 A1) in view of Shin (US 2018/0287135 A1), Lee (US 2020/0388830 A1) and Oljaca (US 2014/0377659 A1).
Regarding claims 1, 6, 10 & 21-23, Choi teaches a nickel based lithium metal composite oxide comprising: large secondary particles having a particle size of 10 microns to 17 microns and small secondary particles having a particle size of 2 microns to 5 microns ([0027]), wherein a content of nickel in the large secondary particles is 85 mol% to 99 mol% based on the total content of transition metals in the nickel-based lithium metal composite oxide, and a content of nickel in the small secondary particles is 75 mol% to 89 mol% based on the total content of transition metals in the nickel-based lithium metal composite oxide ([0016]-[0019]), wherein a difference between the nickel content in the large secondary particle and the small secondary particles is preferably from 5% to 40% ([0022]-[0023]) and wherein a content of the large secondary particles is preferably 60 parts by weight to 95 parts by weight based on 100 parts by weight of the total content of the large secondary particles and the small secondary particles ([0024]). Choi further teaches the large secondary particles and the small secondary particles being formed by heat treating a precursor mixture comprising a large particle nickel-based hydroxide having a nickel content of 50% or more, based on the total content of transition metals in the large particle nickel based metal hydroxide, small particle nickel based metal hydroxide having a content of 50% or more, based on the total content of transition metals in the small particle nickel based metal hydroxide and a lithium precursor ([0033]-[0036] & [0052]). However, Choi is silent as to the large secondary particles and small secondary particles consisting of a compound represented by Formula 1-2 and both including an aggregate of primary particles, wherein in a differential capacity (dQ/dV) charge/discharge differential curve, a ratio A2/A1 of a discharge peak intensity (A2) to a discharge peak intensity (A1) appearing at a voltage of 4.1 V to 4.25 V and a current of 1 C is 1.1 to 1.5 (claim 1) and wherein the charge peak is a peak appearing at a voltage of 4.17 V to 4.25 V, and the discharge peak is a peak appearing at a voltage of 4.14 V to 4.17 V (claim 3) and the large secondary particles having a specific surface area of 0.1 m2/g to 1 m2/g and the small secondary particles having a specific surface area of 2 m2/g to 15 m2/g (claim 22). Lee teaches a nickel-based lithium metal composite oxide comprising large secondary particles and small secondary particles, wherein the small secondary particles are represented by a nickel-cobalt-aluminum type (NCA) cathode active material with general formula LixNi1-y’-y’’Coy’Aly’’O2 (where x is from 0.8 to 1.2, y’’ is from 0 to 0.1 and y’+y’’ is from 0 to 0.2) and the small secondary particles are represented by a nickel-cobalt-aluminum type (NCA) cathode active material with general formula Li(NiaCobAlc)O2 or Li(NiaCobMnc)O2 where a, b and c are each from 0 to 1 ([0013]-[0034]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to substitute Mn in Choi’s secondary particles with Al because NCM type cathode active materials (i.e a lithium nickel cobalt manganese oxide) and NCA type cathode active materials (i.e a lithium a nickel cobalt aluminum oxide) are art recognized equivalents for the same intended purpose (i.e cathode active material for a lithium secondary battery) as taught by Lee ([0026]). Shin teaches a positive electrode active material comprising a nickel-based lithium metal composite oxide including secondary particle comprising an aggregate of primary particles ([0026]-[0038]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to form secondary particles as aggregates of primary particles in order to obtain excellent output characteristics as taught by Shin ([0064]). Oljaca teaches a positive electrode active material comprising a nickel-based lithium metal composite oxide with a bimodal particle size distribution comprising: i) large particles with an average particle size of 10 microns to 25 microns and a specific surface area of 0.3 m2/g; and ii) small particles with an average particle size of 1 micron to 5 microns and a specific surface area of 2.5 m2/g ([0071]-[0073] & [0076]-[0080]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to provide large particles with a lower surface area of about 0.3 m2/g and small particles with a higher surface area of 2.5 m2/g in view of achieving high energy and long cycle life due to good packing density afforded by inclusion of the large particles and increased power and lower mass transport limitations by incorporating the smaller particles as taught by Oljaca ([0071]-[0073] & [0076]). While Choi as modified by Shin, Lee and Oljaca is silent as to the properties recited in instant claims 1 & 3, it is noted that Choi’s modified nickel-based lithium metal composite oxide comprises substantially the same composition (i.e from formulas of the nickel-based lithium metal composite oxide noted in subsequent dependent claims below and including the same weight ratio of the large secondary particles relative to the small secondary particles) as that of the presently claimed invention, and substantially the same structure (i.e large and small secondary particles having the respectively recited particle size ranges) as that of the presently claimed invention. Furthermore, it is noted that the method of producing the nickel-based lithium metal composite oxide of the present invention is substantially identical to that of the present invention as noted in the rejection of claims 15-19 below. Accordingly, the nickel-based lithium metal composite oxide of Choi as modified by Shin, Lee and Oljaca would be expected to inherently possess the presently claimed properties of claims 1 & 3. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
Regarding claim 12, Choi teaches the nickel-based lithium metal composite oxide of claim 1 represented by LiaNi0.88Co0.08Mn0.04O2, where a is from 0.5 to 1.5 (Table 3: Inventive Example 1; [0016]-[0019])
Regarding claims 15 & 18-19, Choi teaches a method of preparing a nickel-based lithium metal composite oxide, the method comprising: mixing a large particle nickel-based metal hydroxide having a nickel content of 85 mol% to 99 mol%, based on the total content of transition metals in the large particle nickel-based metal hydroxide, small particle nickel-based metal hydroxide having a nickel content of 75 mol% to 89 mol%, based on total content of transition metal in the small particle nickel based metal hydroxide and a lithium precursor such as lithium hydroxide and lithium carbonate to obtain a precursor mixture, and heat-treating the precursor mixture at a temperature of “860°C to 720°C” (which appears to contain a typo and should read 660°C to 720°C since the optimal capacity is expressed over a range of 660°C to 720°C based on results in fig. 1) to obtain the nickel-based lithium metal composite oxide of claim 1 ([0030], [0033]-[0042] & [0052]; Table 3: Inventive Example 1 & Table 2: Preparation Examples 2 & 7).
Regarding claim 20, Choi teaches a lithium secondary battery comprising a positive electrode comprising the nickel-based lithium metal composite oxide of claim 1, a negative electrode, and an electrolyte interposed between the positive electrode and the negative electrode ([0062]-[0066]).
Response to Arguments
Applicant's arguments filed 11/11/2025 have been fully considered but they are not persuasive. In response to Applicants arguments that claim 1 would not have been obvious over Choi, Shin, Lee and Oljaca at the time the present invention was effectively filed, the examiner respectfully disagrees. Specifically, Applicant argues that the present claims are characterized by the combination of features 1), 2) and 3) as shown in the currently amended claim 1 and submits experimental data to show that the presently claimed embodiments exhibit unexpected and desirable results compared to at least Choi and therefore would have been obvious over Choi. However, Additional Comparative Example 1 provided in the experimental data and equated to the active material prepared in Choi assumes that fine particles (i.e small particles) and the coarse particles (i.e large particles) in the active material in Choi are both single crystal particles where there is no suggestion within the entirety of the disclosure of Choi that the small and large particles are single crystal particles. One of ordinary skill in the art understands that the particle structure (i.e single crystal/primary particle or secondary particle) will depend on the co-precipitation reaction to obtain the hydroxide precursor of the active material and as well the subsequent heat-treatment. In the case of Choi, the co-precipitation is only described to the extent that the precursor used to form the active material is obtained from a co-precipitation reaction without explicitly describing said process ([0051]). As such, Applicant’s arguments that Choi’s active materials constitute single crystal particles does not appear to have any basis in Choi. Notwithstanding, lithium composite oxides having an average particle diameter from 2 microns 20 microns and obtained through heat-treatment of a composite hydroxide precursor and a lithium precursor (similarly to Choi) are typically in the form of secondary particles in view of good output characteristics as taught by Shin (see above rejection of claim 1). Accordingly, Applicant’s arguments that the claimed feature 3) would be deficient in Choi is not found to be persuasive since the basis for Applicant’s assertion that the active material particles in Choi are single crystal particles is not found in Choi. Moreover, to the extent that the value of B in the experimental data affects the value for feature 3), it is noted that while Choi’s exemplary embodiment uses B = 5%, Choi more broadly discloses that B can preferably be from 5% to 40% ([0022]-[0023]) which encompasses the claimed range of 10% or more. Therefore, Applicant’s arguments that Choi would have been unobvious over claim 1 in light of the experimental data is not found to be persuasive.
Thus, in view of the foregoing, claims 1, 3, 6, 10, 12-13, 15 & 18-23 stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727