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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/9/2026 has been entered.
Claim Status
This Office action is in response to the remarks filed on 2/9/2026.
Claims 1 and 7 have been amended.
Claims 1, 2, 4, and 6-10 are currently pending.
Claims 3 and 5 have been cancelled.
Response to Arguments
Applicant’s arguments with respect to claim 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 in particular CHANG, 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, 2, 4, and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 8691445 B2, PARK; in view of US 20210151754, BAEK; in view of JP 2000030693A, KUZUO and in further view of CN 20191082473.5 DOU et al. with US 20220185697 A1 used as an English translation.
Regarding claims 1 and 7: PARK discloses a non-aqueous electrolyte secondary battery, comprising:
[col 2 line 55] a positive electrode
[col 2 line 55] a negative electrode; and [col 3 lines 1-6] an electrolyte solution
housed in a case (col 4 line 26) depicted in figure 2.
wherein the positive electrode includes a positive electrode active material, in number-based particle size distribution,
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PARK figure 1 teaches a bimodal size distribution of active materials in a graph plotting particle size versus percent in a positive activation material mixture having particles of an average particle diameter D50 of 15.1 µm and a second positive activation material having an average particle diameter D50 of 3.5 µm [col 3 lines 47-49]. PARK further teaches [col 4 lines 43-48] a positive electrode having an increased volume density capable of increasing the capacity of a lithium secondary battery. In order to increase the volume density thereof, there is a need for selecting a particle size distribution that is capable of maximizing a packing ratio between positive activation material particles.
the positive electrode active material includes a first peak and a second peak, the first peak has a first vertex, the second peak has a second vertex, the first vertex is located on a smaller particle size side from the second vertex, the first peak is attributed to first particles, the second peak is attributed to second particles, a particle size at the second vertex is three to five times greater than a particle size at the first vertex, each of the first particles and the second particles independently includes secondary particles, each of the secondary particles is an aggregation of primary particles, each of the secondary particles included in the first particles includes a film adhered to a surface of a corresponding primary particle
PARK figure 1 shows particle size distribution depicting first and second peaks along with corresponding vertices.
PARK does not teach coatings or films on aggregated particles.
BAEK [0040] teaches a glassy coating layer may be formed on surfaces of primary particles of the lithium composite transition metal oxide. The positive electrode active material according to an embodiment of the present invention may be a secondary battery formed by agglomeration of the primary particles, wherein the glassy coating layer may be formed on the surfaces of the primary particles and the glassy coating layer may also be formed on the surface of the secondary particle.
the film in each of the secondary particles included in the first particles includes a metallic element,
the first particles include a first lithium-nickel composite oxide, the second particles include a second lithium-nickel composite oxide,
PARK teaches in col 5 lines 24-39 the first positive activation material and the second positive activation material may have the same chemical composition and differ from each other only in their average particle diameters D50 or may differ from each other in chemical composition as well as average particle diameters D50.
Neither PARK nor BAEK disclose a Lithium-Nickel composite oxide or
each of the secondary particles included in the second particles is free of a film adhered to a surface of a corresponding primary particle, where
the first lithium-nickel composite oxide includes Ni, Co and Mn, a composition of the first lithium-nickel composite oxide satisfying relationships of Ni: Co: Mn = a1 : b1 : c1, a1+b1+c1=1, 0 < b1, 0 < c1, and 0.60 ≤ a1 ≤ 0.85,
the second lithium-nickel composite oxide includes Ni, Co and Mn, a composition of the second lithium-nickel composite oxide satisfying relationships of Ni: Co: Mn = a2 : b2 : c2, a2+b2+c2=1, 0 < b2, 0 < c2, and 0.45 ≤ a2 ≤ 0.55, and
DOU [title] discloses A Positive Electrode Active Material And Preparation Method Thereof, Positive Electrode Plate, Lithium-Ion Secondary Battery, And Battery Module, Battery Pack, And Apparatus Related Thereto
DOU [0093] discloses the chemical formula
Li1+a[NixCoyMnzMb]O2,
0.5≤x<1, 0≤y<0.3, 0≤z<0.3, 0≤a<0.2, 0<b<0.3, and x+y+z+b=1.
When b=0, x=0.8, y=0.1, and z=0.1
LiNi0.8Co0.1Mn0.1O2 satisfies the limitation of the instant claim for the first lithium composite oxide
Furthermore, [0093] continues to disclose “[t]he high-nickel positive electrode active material has a high specific capacity characteristic and high structural stability, so that the lithium-ion secondary battery has high capacity performance and energy density, and good room-temperature and high-temperature cycling performance.”
DOU [0096] also discloses the chemical formula
Li1+c[Nir−dCosMnfM′d]O2,
0.5≤r−d<1, 0≤s<0.3, 0≤f<0.3, 0≤c<0.2, 0<d<0.3, and r +s+t=1.
When r-d=0.5, s=0.2, f=0.3
LiNi0.5Co0.2Mn0.3O2 satisfies the limitation of the instant claim for the second lithium composite oxide
Furthermore DOU [0097] discloses “Optionally, 0<s<0.3 and 0<t<0.3. [sic] (t and f appear to be used interchangeably assuming from translation) The high-nickel ternary positive electrode active material has a high energy density and good structural stability, and therefore, the battery has a high energy density and long cycling life.”
DOU does not disclose coating the active material with a film satisfying the limitation “each of the secondary particles included in the second particles is free of a film adhered to a surface of a corresponding primary particle”
and relationships of the following expression (I) and expression (II) are satisfied:
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BAEK paragraphs 39 and 41 teaches boron and aluminum used in a coating as a mass fraction. BAEK states a “coating layer, boron and aluminum may be included at a ratio of 0.3 part by weight: 1 part by weight to 0.8 part by weight. Since the content ratio of the boron to the aluminum satisfies the above range, the particle strength may be further improved and the high-temperature life characteristics and high-temperature storage stability may be further improved.”.
in the expression (I), C [ppm] represents a mass fraction of the metallic element relative to the first particles,
BAEK paragraph 40 teaches that coating may be applied to the primary particles, or to the agglomeration of the primary particle and/or the coating may also be formed on those secondary agglomerated particles. BAEK (paragraphs 14 and 15) also teaches that the addition of the coating increases the strength of the particles, their capacity, and their overall performance, while suppressing gas generation during high-temperature storage.
wherein the crystallite size is from 602 Å to 678 Å, and the mass fraction is from 930 ppm to 1072 ppm.
BAEK teaches in Paragraph 83 that the Boron is 1000 ppm, and in Paragraph 84 that the Aluminum is 1000ppm.
BAEK does not teach crystalline particle size,
KUZUO page 5 table 5, teaches crystallite size within range of the limitations of claim 3. i.e., 250 Å to 1490 Å.
KUZUO further teaches at the bottom of page 4 of the translation that the size of the primary particles causes small gaps in the aggregated particles allowing better interaction with the electrolyte.
and D [Å] represents a crystallite size of the first particles.
Neither PARK nor BAEK teach crystallite particles sizes
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English translation:
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“Examples 1-6” and “Comparative examples 1-2” are on the left.
Crystallite size is the third column on the top in nm.
KUZUO page 5 table 5 teaches crystalline particles in a range of sizes, from 250 Å to 1490 Å shown in the table above. KUZUO further teaches (Paragraph 27) that the range of particle sizes in table 5 achieve a higher capacity and efficiency than the comparative examples.
It would have been obvious to one of ordinary skill in the art at the time of the effective filing date to use the Lithium Nickel composite oxides in the molar fraction taught by DOU, in order to create a high-nickel positive electrode active material that has a high specific capacity and high structural stability, so that the lithium-ion secondary battery has high capacity, performance, energy density, and good ambient and high-temperature cycling performance as disclosed by DOU. These particles used in the range of sizes taught by KUZUO with a film on the aggregated primary particles taught by BAEK, that are dispersed in a number-based size distribution inside a battery taught by PARK. This person of ordinary skill would have been motivated to use the size distribution taught by PARK in order to increase the volume density of the active material thereby increasing the battery capacity. Furthermore, this person of ordinary skill would have been motivated to use the film taught by BAEK on the particles taught by KUZUO in order to increase the strength of the particles improving high temperature storage and the battery life of PARK at higher temperatures.
Regarding claims 2 and 8, PARK modified by BAEK, KUZUO, and DOU discloses the non-aqueous electrolyte secondary battery according to claims 1, and 7
wherein the metallic element includes at least one selected from the group consisting of aluminum, boron, titanium, and yttrium.
BAEK paragraph 10, teaches a coating from a group consisting of Boron, Aluminum, Silicon, Titanium and Phosphorus.
BAEK [0014] also teaches that the high capacity may be secured, and particle strength may be improved due to the glassy coating layer.
It would have been obvious for one of ordinary skill in the art before the effective filing date to have chosen one of elements from this short list in order to coat the core taught by PARK in order to improve the particle strength and capacity.
Regarding claims 4, 6, 9, and 10: PARK modified by BAEK, KUZUO, and DOU discloses the non-aqueous electrolyte secondary battery according to claims 1, 4, 7, and 9,
wherein in the particle size distribution, the first vertex is located within the range of 2 μm to 6 μm (3 µm to 6 µm for claims 6, and 10), and the second vertex is located within the range of 15 μm to 20 μm for claims 4 and 9.
BAEK shows in figure 2 the first peak is in range of 0.5 μm to 2 μm and second peak is 7 μm to 50 μm, both ranges overlap the applicant’s ranges.
Regarding claim 6, BAEK does not teach a range less than 3 µm for the first vertex, however
a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) see MPEP 2144.05 I
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used routine experimentation in order to arrive at the range claimed in claim 6. The examiner takes the position that a person having ordinary skill in the art would have reasonably expected that the battery’s performance in the prior art range of 0.5 µm up to 2 µm would have been the same as, or similar to, the performance in the claimed range.
Conclusion
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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