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 .
Response to Amendment
This is a final Office action in response to Applicant’s remarks and amendments filed on 05/22/2025. Claims 1, 7, and 10 are amended. Claims 2 and 4 – 5 are canceled. Claim 7 remains withdrawn. Claims 12 – 13 are new. Claim 1, 3, 6, and 8 – 13 are pending review in the current Office action.
The 35 U.S.C. 103 rejections set forth in the previous Office action are withdrawn.
New grounds of rejection necessitated by the applicant’s amendment is presented below.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 6, 9 – 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Itabashi (WO2018003993A1 , Machine translation provided) in view of Ishii (US PG Pub. 2014/0349173 A1, cited in previous Office action mailed 01/24/2025) and Greinke (US 5,677,082 A, cited in previous Office action mailed 01/24/2025).
Regarding Claims 1, 9 and 13, Itabashi discloses an energy storage device ([0111];[0116 – 0117]) comprising: a negative electrode containing a negative active material ([0117];[0138 – 0139]); a positive electrode containing a positive active material ([0117 – 0119]); and a nonaqueous electrolyte ([0117]).
In an example embodiment of the battery, Itabashi discloses using graphite as the negative electrode active material ([0203]); therefore, Itabashi further discloses wherein the negative active material contains graphite as a main component.
Itabashi does not specifically disclose; however, the graphite being solid graphite particles with an aspect ratio of 1 to 5.
Ishii teaches using graphite particles with an aspect ratio of 1.2 – 5 in the negative electrode active material of lithium secondary batteries to obtain high conductivity and rapid discharge characteristics ([0041 – 0043];[0053]). The graphite particles of Ishii are taught to be any powdery graphite such as natural graphite powder, artificial graphite powder, and the like ([0061]).
Since Itabashi teaches a lithium ion battery including a negative electrode with graphite as the active material, and Ishii teaches a graphite active material applicable to lithium ion batteries, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to specifically use the graphite particles taught by Ishii as Itabashi ’s negative electrode active material, and thus obtain the claimed solid graphite active material particles with an aspect ratio within the claimed range, with a reasonable expectation of success in obtaining a graphite negative electrode with rapid discharge characteristics and a conductivity suitable for Itabashi ’s taught lithium ion battery.
While the graphite particles of modified Itabashi are further taught to have particular pore volumes, based on the weight of the graphite particle, such as 0.4 – 2 cc/g and 0.08 – 0.4 cc/g (Ishii: [0050 – 0051]), modified Itabashi does not specifically teach wherein each one of the solid graphite particles has a ratio of an area excluding voids in the solid graphite particle to a total area of the solid graphite particle of 95% or more in a cross section of the solid graphite particle observed in a scanning electron microscope (SEM) image.
Ishii further teaches that the graphite particles have interlaminar distances d(002) of 3.38 Å or less, and most preferably 3.37 – 3.36 Å {i.e. 0.337 – 0.336 nm} for the purpose of obtaining high discharge capacities ([0047];[0055]). The interlaminar distances taught by Ishii are within the range of the distances taught by the applicant {i.e. less than 0.340 nm, preferably 0.335 – 0.338 nm} in the instant specification (Instant Specification: [0028]).
Greinke teaches compacted carbon electrodes for electrochemical cells comprising graphite with a closed porosity of no greater than 5% (Col. 2, lines 16 – 19 and 25 – 28). Greinke defines the closed porosity to be the amount of porosity within the individual carbon particles and further teaches that the capacity of the carbon material, on a volume basis, can be improved by reducing the closed porosity (Fig. 3; Col. 3, lines 53 – 55 and 60 – 62). Greinke further teaches that closed porosity can be reduced by milling to a fine particle size, further indicating a correlation between the number of voids within a carbon particle and particle size (Col. 5, lines 9 – 11).
Since Greinke indicates that substantially solid graphite particles {i.e. low close porosity} provide, on a volume basis, higher capacities, and modified Itabashi already teaches flat-shaped graphite particles with aspect ratios/interlaminar distances disclosed by the applicant, and controlling pore volume for the purpose of optimizing capacity and cycle characteristics (Ishii: [0037 – 0039];[0050 – 0051]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to control the graphite particles to have few voids, and further have a ratio of an area excluding voids in the solid graphite particle to a total area of the solid graphite particle within the claimed range of 95% or more, to optimize the capacity and cycle characteristics of the graphite with a reasonable expectation of success and without undue experimentation [MPEP 2144.05(II)].
Generally, Itabashi teaches the nonaqueous electrolyte including (I) at least one selected from the groups consisting of oxalate salts, difluorophosphate salts, ionic complexes having a cyclic structure, salts having an imide anion, Si-containing compounds, sulfate ester compounds, phosphate ester compounds, cyclic carbonate compounds, isocyanate compounds, cyclic acetal compounds, cyclic acid anhydrides, cyclic phosphazene compounds, and aromatic compound; (II) a monomer represented by Formula 1; (III) a non-aqueous organic solvent; (IV) a solute; and (V) an additive for a non-aqueous electrolyte solution, the additive being an oligomer having a repeating unit represented by Formula 2 ([0025]). The oxalate salts taught by Itabashi include at least one selected from the group consisting of bis(oxalato)borate, difluoro(oxalato)borate, tris(oxalato)phosphate, difluorobis(oxalato)phosphate, and tetrafluoro(oxalato)phosphate ([0029];[0050]). In Table 18, Itabashi explicitly discloses examples of the electrolyte that include lithium tetrafluoro(oxalato)phosphate as the (I) component (Refer to first column (I); [0169];[0177]). In Table 20, Itabashi shows examples of the lithium tetrafluoro(oxalato)phosphate-including electrolyte further including LiFSI, PS, PRS, MMDS, TFP-MDS, VEC, LiFPI, HISHICOLIN E, TFPPA, LiDFP-FPI, LiDFP-TFMSI, LiDFP-VSI, FTVSi, TVSi, and LiDFP-FSI as additional (I) components (Refer to last column of Examples 5A-24 to 5A-38; [0178]). The salt difluorophosphoryl(fluorosulfonyl)imide lithium is LiDFP-FSI and further is an imide salt containing phosphorous and sulfur ([0170];[0177]).
As such, by disclosing the example 5A-38, Itabashi further discloses a nonaqueous electrolyte that contains difluorophosphoryl (fluorosulfonyl)imide lithium which is within the claimed scope of an imide salt containing phosphorus or sulfur and further within the claimed list of one or more selected from a group consisting of lithium (difluorophosphonyl) fluorosulfonylimide and lithium bis(trifluoromethanesulfonyl) imide; and further contains lithium tetrafluoro(oxalato)phosphate, which the claimed oxalate complex salt.
Furthermore, in the electrolyte example 5A-38, the content of lithium tetrafluoro(oxalato) phosphate is 0.5 mass% (Table 20, Example 5A-38; [0051];[0177 – 0178]), which is within the claimed range of 0.05 mass% or more and 1.50 mass% or less, 0.30 mass% or more and 1.00 mass% or less (Claim 9), and further 0.30 mass% or more and 0.50 mass% or less (Claim 13).
Regarding Claim 3, modified Itabashi discloses all limitations as set forth above. In the electrolyte example 5A-38, the content of LiDFP-FSI {i.e. the imide salt lithium (difluorophosphonyl) fluorosulfonylimide} is 1.00 mass% (Table 20, Example 5A-38; [0061];[0177 – 0178]), therefore Itabashi further discloses a content of imide salt within the claimed range of 1.0 mass% or more and 3.5 mass% or less.
Regarding Claim 6, modified Itabashi discloses all limitations as set forth above. The positive electrode active material of the example battery in Itabashi is LiNi1/3Co1/3Mn1/3O2 [0203]). Itabashi generally teaches selecting a positive electrode active material from (A) a lithium transition metal composite oxide containing at least one metal selected from nickel, manganese, and cobalt and having a layered structure, (B) a lithium manganese composite oxide having a spinel structure, (C) a lithium-containing olivine-type phosphate, and (D) a lithium-excess layered transition metal oxide having a layered rock salt-type structure ([0119]). Itabashi further exemplifies lithium iron phosphate as a lithium-containing olivine-type phosphate material ([0129]).
Since Itabashi teaches a finite list of positive electrode active materials, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to include lithium iron phosphate as the positive electrode active material of Itabashi , and thus obtain the claimed positive active material, with a reasonable expectation of success that such a selection would be a suitable/functionally equivalent positive electrode active material for Itabashi ’s lithium ion battery.
Regarding Claims 10 – 11, modified Itabashi discloses all limitations as set forth above. Itabashi further discloses wherein a content of the imide salt {i.e. LiDFP-FSI, lithium (difluorophosphonyl) fluorosulfonylimide} is 1.0 mass% (Table 20, Example 5A-38; [0177 – 0178]), which is within the claimed range of 0.5 mass% or more and 4.0 mass% (Claim 10) and further 1.0 mass% or more and 3.5 mass% or less (Claim 11); and a content of the oxalate salt {i.e. lithium tetrafluoro(oxalato)phosphate} is 0.50 mass% (Table 20, Example 5A-38; [0177 – 0178]), which is within the claimed range 0.10 mass% or more and 1.20 mass% or less (Claim 10 cont.) and further 0.30 mass% or more and 1.00 mass% or less (Claim 11 cont.)
Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Itabashi (WO2018003993A1), Ishii (US PG Pub. 2014/0349173 A1) and Greinke (US 5,677,082 A), as applied to claim 1 above, and further in view of Wada (JP2013016353A, Machine translation provided).
Regarding Claim 8 and 12, modified Itabashi discloses all limitations as set forth above. The graphite particles of modified Itabashi have an average particle size of 1 to 100 µm (Ishii: [0069]), which overlaps the claimed median diameter range of 12 µm or less (Claim 8) and further 5 µm or less (Claim 12).
Ishii further teaches that increased mean particle diameters increase the tendency of irregularities on the electrode surface ([0059]). The graphite particles of Ishii are further taught to be any powdery graphite such as natural graphite powder, artificial graphite powder, and the like ([0061]).
Wada teaches a graphite active material for a nonaqueous electrolyte secondary battery having an average particle diameter of 3 µm or more and 10 µm or less ([10]). Wada further teaches that graphite particles with an average particle diameter the 3 µm or 5 µm provide greater capacity retention when compared to particles having a larger diameter such as 8 µm or 10 µm (Table 1; [60]). Furthermore the smaller diameters were also taught to provide lower resistance increase rates {i.e. 97% vs. 122 and 125%} (Table 1: [60]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to select an average particle diameter within the overlapping portion of the taught ranges and the claimed range to optimize the electrode surface irregularities, active material capacity retention, and active material resistance increase rate, with a reasonable expectation of success and without undue experimentation [See MPEP 2144.05(II)].
Conclusion
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 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.
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/A.Y.O./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/22/2025