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 .
Response to Amendment
In response to the amendment received October 9, 2025:
Claims 1-3, 5-6, 8-9, 12, 14, 16-17 and 19 are pending. Claims 4, 7, 10-11, 13, 15, 18 and 20-29 have been cancelled as per applicant’s request.
The previous 112 rejections have been withdrawn in light of the amendment.
The core of the previous rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
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, 5-6, 8-9, 12, 14, 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2017/0222221) in view of Kim et al. (US 2018/0151876).
Regarding Claim 1, Park et al. teaches a positive electrode active material for a lithium secondary battery (Para. [0067]) with an electrolyte (Para. [0068]) (i.e. an active material suitable for application to a secondary battery with an electrolyte) comprising a particle portion including a core portion (Fig. 1, #1) (i.e. the active material comprising a particle portion including a core portion) and crystals grown outside the core form a shell (Para. [0152] and Fig. 1, #2) (i.e. and a plurality of shell portions) located via a pore (Fig. 1, #3a) (i.e. located via a layered gap from the core portion) wherein the active material is formed of lithium metal complex oxides including LiCoO2 (Para. [0081]) (i.e. and containing LiCoO2) and protruding portions extending in a plurality of directions form the plurality of shell portions other than the outermost peripheral shell (see Annotated Park et al. – Fig. 2 below) wherein the layered gap comprises a plurality of layered gaps present along the respective shell portions (see Annotated Park et al. – Fig. 2 below) wherein the layered gaps form porous regions within both the core portion and the shell portions (see Annotated Park et al. – Fig. 2 below)
Annotated Park et al. – Fig. 2
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Park et al. does not teach needle-like or dendritic portions are arranged on the outer surface of the outermost peripheral shell portions and contain lithium cobalt oxide.
However, Kim et al. teaches a positive electrode active material which may be LiCoO2 (Para. [0094]) having plate primary particles arranged radially (i.e. needle-like protruding portions arranged on the outer surface of the outermost peripheral shell portions and contain lithium cobalt oxide) (see Fig. 1C, #14 and Para. [0041]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material of Park et al. to incorporate the teaching of the needle-like protruding portions arranged on the outer surface of the outermost peripheral shell portions as taught by Kim et al., as such an outer surface provides pores which may facilitate diffusion of lithium from the surface, thereby improving efficiency and capacity during charging/discharging (Para. [0021], [0041]).
Regarding Claim 2, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches the particle including a pore (Fig. 1, #3a) between the shell portion (Fig. 1, #2) and the core (Fig. 1, #1) (i.e. the particle portion has a discontinuous texture in a cross-section thereof) (see also Fig. 2).
Regarding Claim 3, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches the protruding portions include a protruding structure protruding from the plurality of shell portions (see Annotated Park et al. – Fig. 2 above).
Park et al. does not teach the protruding portions comprising at least one selected from the group consisting of frost columns, whiskers, needle-like protruding portions, dendritic portions, and folded protruding portions.
However, Kim et al. teaches a positive electrode active material which may be LiCoO2 (Para. [0094]) having plate primary particles arranged radially (i.e. needle-like protruding portions protruding from the shell portions) (see Fig. 1C, #14 and Para. [0041]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material of Park et al. to incorporate the teaching of the needle-like protruding portions as taught by Kim et al., as such an outer surface provides pores which may facilitate diffusion of lithium from the surface, thereby improving efficiency and capacity during charging/discharging (Para. [0021], [0041]).
Regarding Claim 5, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches the plurality of shell portions (Fig. 2, #2) are located in a radial direction of the core portion (Fig. 2, #1) and the layered gap comprises a plurality of layered gaps present in a radial direction of the core portion (see Annotated Park et al. – Fig. 2 above).
Regarding Claim 6, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 3 as explained above.
Park et al. further teaches wherein the particle portion has a radial gap in the plurality of shell portions (see Annotated Park et al. – Fig. 2 wherein the particle portion has a layered gap in the radial direction, i.e. a radial gap, in the plurality of shell portions).
Regarding Claim 8, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches wherein the protruding portions protrude inward and outward from the shell portions (see Annotated Park et al. – Fig. 2 wherein the protruding portions protrude inward and outward from the shell portions).
Regarding Claim 9, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches the active material is a positive electrode active material (Para. [0070]).
Regarding Claim 12, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches wherein the active material is formed of lithium metal complex oxides including LiCoO2 (Para. [0081]) (i.e. wherein the protruding portions contain cobalt and oxygen) and the core, shell and three-dimensional network structure portions of the lithium metal oxide (i.e. all portions of the positive electrode active material) have a lattice shape in which particles of a lithium complex metal oxide line up (i.e. show a lattice texture corresponding to a crystal structure) (Para. [0078]) wherein the positive electrode active material is observed using a scanning electron microscopy (SEM), a field emission scanning electron microscopy or the like (Para. [0101]) (i.e. in a cross-sectional image). Thus, the structure as claimed would inherently be present in Park et al. when the positive electrode active material method of imaging is a transmission electron microscope image as the method of imaging does not change the underlying structure of the active material. 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). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding Claim 14, Park et al. teaches a positive electrode and a lithium secondary battery including the positive electrode active material (Para. [0011]) (i.e. a positive electrode suitable for application to a secondary battery), the positive electrode includes a positive electrode current collector and a positive electrode active material layer formed on the positive electrode current collector including the positive electrode active material (Para. [0163]) (i.e. the positive electrode comprising a surface in which a plurality of particle portions) wherein the positive electrode active material may include a binder (Para. [0165]) for attaching the positive electrode active material particles to each other (Para. [0167]) and the positive electrode active material is formed of lithium metal complex oxides including LiCoO2 (Para. [0081]) (i.e. in which a plurality of the particle portions of an active material containing LiCoO2 are arranged side by side), wherein the positive electrode active material comprises a particle portion including a core portion (Fig. 1, #1) (i.e. wherein one particle portion of the particle portions comprises a core portion) and crystals grown outside the core form a shell (Para. [0152] and Fig. 1, #2) (i.e. and a plurality of shell portions) located via a pore (Fig. 1, #3a) (i.e. located via a layered gap from the core portion) and protruding portions extending in a plurality of directions form the plurality of shell portions other than the outermost peripheral shell (see Annotated Park et al. – Fig. 2 above) wherein the layered gap comprises a plurality of layered gaps present along the respective shell portions (see Annotated Park et al. – Fig. 2 above) wherein the layered gaps form porous regions within both the core portion and the shell portions (see Annotated Park et al. – Fig. 2 above).
Park et al. does not teach needle-like or dendritic portions are arranged on the outer surface of the outermost peripheral shell portions and contain lithium cobalt oxide.
However, Kim et al. teaches a positive electrode active material which may be LiCoO2 (Para. [0094]) having plate primary particles arranged radially (i.e. needle-like protruding portions arranged on the outer surface of the outermost peripheral shell portions and contain lithium cobalt oxide) (see Fig. 1C, #14 and Para. [0041]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material of Park et al. to incorporate the teaching of the needle-like protruding portions arranged on the outer surface of the outermost peripheral shell portions as taught by Kim et al., as such an outer surface provides pores which may facilitate diffusion of lithium from the surface, thereby improving efficiency and capacity during charging/discharging (Para. [0021], [0041]).
Regarding Claim 16, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 14 as explained above.
Park et al. further teaches the electrolyte liquid injected into a lithium secondary battery (Para. [0217]) wherein electrolyte liquid readily penetrates inside the active material (Para. [0079]) and an electrolyte liquid on the surface of the positive electrode active material (Para. [0103]) (i.e. further comprising an electrolyte arranged between the plurality of particle particles).
Regarding Claim 17, Park et al. as modified by Kim et al. teaches all of the elements of the current invention in claim 16 as explained above.
Park et al. further teaches the protruding portions protrude in the plurality of directions from the particle portion (see Annotated Park et al. – Fig. 2 above) wherein the particles that form the shell have a crystal structure with orientation facilitating lithium ion intercalation and deintercalation (Para. [0068], lines 11-13) (i.e. so that the protruding portions are related to ion conductance between the electrolyte and the particle portion).
Regarding Claim 19, Park et al. as modified by Kim et al. teaches all of the elements of the positive electrode in claim 14 as explained above.
Park et al. further teaches a lithium secondary battery (i.e. a secondary battery) including the positive electrode (Para. [0171]), a negative electrode including a negative electrode active material layer (Para. [0173]) (i.e. i.e. a negative electrode containing a negative active material), a separator provided between the positive electrode and the negative electrode having excellent electrolyte liquid moisture containing ability (Para. [0178]) (i.e. an electrolyte layer containing an electrolyte and arranged to form an interface with the positive electrode).
Response to Arguments
Applicant's arguments filed October 9, 2025 have been fully considered but they are not persuasive.
Applicant argues the disclosures of Park and Kim are not compatible to provide the claimed invention because the production processes in theses preferences differ from each other and the temperature of Park is too low to provide the precursor mixture necessary for Kim’s plate-like primary particles to grow radially.
Examiner respectfully disagrees. The arguments are directed toward modifying the method of Park whereas the instant claim is directed towards a product and the rejection relies upon modifying the negative electrode of Park to render obvious the instant claim, rather than the method as taught by Park. Furthermore, Kim teaches a temperature range of treating a precursor of about 650 to 800 degrees Celsius (Para. [0006]) whereas Park teaches a range of 700 degrees Celsius to 1000 degrees Celsius (Para. [0150]). Thus, the heating temperatures are overlapping and there is a reasonable expectation of success and the argument is not persuasive.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
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