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 Arguments
The following is in response to the applicant’s remarks filed 10/15/25.
The applicant submits that the previous rejection is improper as the cited references do not teach each and every limitation of the claims. Specifically, the applicant submits that in the formula for the first layer and the formula for the lithium transition metal oxide the element M is defined to be the same in each, and that this limitation is not present in the formulas of the cited art.
The examiner agrees, and the previous rejection is withdrawn.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 3 and 5 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ito, US20180212233A1, and Zhou, US20200185709A1, and Matsushita, US20180287202A1, and You, US20180241073A1 (previously cited).
Regarding claim 1, Ito teaches a nonaqueous electrolyte secondary battery comprising [0002]:
an electrode body including a positive electrode, a negative electrode, and a separator; and a nonaqueous electrolyte, (cathode, anode, electrolyte)[0022]
wherein the positive electrode (cathode active material (100))[0050] contains at least a positive electrode active material A,
the positive electrode active material A includes: a lithium transition metal composite oxide represented by a general formula of LiaNibCocMndAleMfOg (in the formula, M is at least one element selected from the groups IV, V, and VI, and 0.8≤a≤1.2, b≥0.82, 0<c≤0.08, 0.05≤d≤0.12, 0≤e≤0.05, 0.01≤f≤0.05, and 1≤g≤2 are satisfied) in the form of particles (core particles)[0058][0059];
a first layer composed of a lithium metal compound represented by a general formula of LixMyOz (in the formula, 1≤x≤4, 1≤y≤5, and 1≤z≤12 are satisfied) and formed on each particle surface of the lithium transition metal composite oxide (first coating layer (102))[0073]; and
wherein the lithium metal compound lacks cobalt [0073]
a second layer (second coating layer (103)) [0081] and formed on the first layer [fig. 2], and the first layer (102) is formed over the entire particle surface of the lithium transition metal composite oxide (core (101)) without the second layer (103) being interposed therebetween [fig. 2].
Ito does not teach the second layer to be composed of a boron compound, or
wherein the positive electrode contains the positive electrode active material A and a positive electrode active material B, the positive electrode active materials A and B are each secondary particles composed of aggregated primary particles, an average primary particle diameter of the positive electrode active material B is 0.5 um or more and is larger than an average primary particle diameter of the positive electrode active material A, and an average secondary particle diameter of the positive electrode active material B is 2 to 7 m and is smaller than an average secondary particle diameter of the positive electrode active material A, and
wherein in the formula for the first layer M is said at least one element consistent with the formula for the lithium transition metal oxide
Zhou teaches a secondary battery comprising a positive electrode material [0002] comprising a secondary particle structure [0051] wherein the secondary particle structure is coated with a boron compound [0011]. Further, Zhou teaches boron containing compound coating layers for positive electrode materials increases safety without reducing discharge rates [0013]. Then, it would have been obvious to an ordinary artisan to combine the boron compound of Zhou into the coating layers of Ito to improve safety without reducing discharge rates.
Matsushita teaches a secondary battery comprising a first and second cathode material comprising a lithium transition metal composite oxide [0002][0043]
wherein the positive electrode contains the positive electrode active material A and a positive electrode active material B, the positive electrode active materials A and B are each secondary particles composed of aggregated primary particles (first, second, third cathode materials being secondary particles)[fig. 1][0042]
an average primary particle diameter of the positive electrode active material B is 0.5 um or more and is larger than an average primary particle diameter of the positive electrode active material A (middle particle has larger primary particle diameter than large particle)[0023][0161][0159]
and an average secondary particle diameter of the positive electrode active material B is 2 to 7 m and is smaller than an average secondary particle diameter of the positive electrode active material A (secondary particle size of the large particle is larger than the secondary particle size of the middle particle)[fig. 1][0031]. Further, Matsushita teaches a positive electrode material comprising a first and second material having different particle sizes decreases particle disintegration and improves volume density [0048][0161]. Then, it would have been obvious to an ordinary artisan to combine the first and second positive electrode size relationship of Matsushita into the battery of Ito to reduce particle disintegration and improve volume density.
You teaches a nonaqueous electrolyte secondary battery [0002] comprising positive electrode material comprising a lithium transition metal oxide comprising a first (shell) and second layer (coating) forming a layered structure [0016 – 0018] wherein in the formula for the transition metal oxide and the formula for the first layer M is at least one element selected from the groups IV, V, and VI and can be the same or different for each formula [0021 - 0025]. Then, instances wherein M is the same or different are considered to be art recognized equivalents known for the same purpose [MPEP 2144.06 II]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to substitute the M of the formulas of You into the positive electrode material of Ito as an obvious substitution.
Regarding claim 2, combined Ito teaches the nonaqueous electrolyte secondary battery according to claim 1.
Further, Ito teaches wherein the second layer covers the entire region of the first layer [fig. 2]
Regarding claim 3, combined Ito teaches the nonaqueous electrolyte secondary battery according to claim 1.
Further, You teaches wherein M in the general formula represents at least one selected from Ti, Nb, W, and Zr [0021].
Regarding claim 5, combined Ito teaches the nonaqueous electrolyte secondary battery according to Claim 1.
Further, Zhou teaches wherein the positive electrode active material B includes a surface layer formed on a surface of each of the secondary particles [0005][0051], the surface layer is composed of a lithium metal compound represented by a general formula of LixMyOz (in the formula,1<x<4,1sy<5, and 1 z 12 are satisfied) (LBO)[0038], and
a content of the surface layer in the positive electrode active material B is lower than a content of the first layer in the positive electrode active material A (surface of the cathode particles should be covered as much as possible to reduce the potential for an adverse reaction with the electrolyte)[0006][0007] (particles A are larger than particles B so it requires more content of coating layer to be sufficiently covered)
Regarding claim 6, combined Ito teaches the nonaqueous electrolyte secondary battery according to claim 5.
Further, Ito teaches wherein the positive electrode active material B includes a second surface layer formed on the surface layer (two coating layers)[0008]
Further, Zhou teaches wherein the second surface layer is composed of a boron compound [0013].
Regarding claim 7, combined Ito teaches the nonaqueous electrolyte secondary battery according to claim 5.
Further, Ito teaches wherein the surface layer of the positive electrode active material B includes at least one selected from Ti, Nb, W, and Zr [0073].
Conclusion
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724 /MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724