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 .
Claim Status
Claims 1-5, 8, 10-11, and 13 have been previously canceled.
Claims 6, 7, 9, and 12 have been amended; claims 6 and 7 have been amended to better clarify the invention, and claims 9, and 12 have been amended to correct for antecedent basis.
Claims 6-7, 9, 12, and 14-25 are currently pending in this office action.
Claim Rejections - 35 USC § 103
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.
Claim(s) 6-7, 9-12, 14– 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe et al. (US2017/0207455A1).
As to claim 6, Watanabe discloses a method [0049] for producing a positive electrode for a secondary battery [0002] consisting essentially of:
(a) preparing a spare positive electrode active material capable of occluding and releasing lithium; [0050] Where preparing the positive electrode material includes all three of the core particle X, coating compound Y, and coating compound Z meeting the consisting of limitation of “preparing a spare positive electrode material.”
(b) exposing the spare positive electrode active material to an atmospheric moisture environment to prepare a positive electrode active material containing moisture; (The coating compound Z according to the present invention is preferably produced by subjecting the core particle X constituted of the lithium nickelate composite oxide to humidification treatment [0064]), moisture, wherein the moisture environment is an environment of 30% RH or more at a temperature ranging from 25 to 30° C; . (The humidification treatment is preferably conducted under the conditions including a temperature of 10 to 50° C., a relative humidity of an atmospheric gas of 10 to 90% [0064])
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
(c) drying the positive electrode active material containing moisture to prepare a final positive electrode active material; (and then to heat treatment in atmospheric air at a temperature of 150 to 450° C. [0064])
(d) mixing the final positive electrode active material, a binder, and a conductive material in a solvent to prepare an active material slurry (When producing a positive electrode sheet using the positive electrode active substance particles according to the present invention, a conducting agent and a binder are added to and mixed with the positive electrode active substance particles by an ordinary method… As a solvent for mixing these components…. The slurry comprising the positive electrode active substance particles, the conductive agent and the binder is kneaded until it becomes a honey-like liquid [0068];
and
(e) applying the active material slurry to at least one surface of a current collector (The resulting positive electrode mixture slurry is applied onto a current collector [0068]), drying (The resulting coating layer formed on the current collector is dried [0068]) and rolling it to form an electrode (The positive electrode mixture has been applied is subjected to calendar roll treatment [0068]).
As to claim 7, Watanabe discloses the method [0049] for producing a positive electrode for a secondary battery [0002], consisting essentially of:
Where claim 6 discloses the same steps as claim 7 in a different order as indicated below, It has been held that “selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results” (MPEP 2144.04)
Claim 6(a) = (a') preparing a positive electrode active material capable of occluding and releasing lithium;
Claim 6(d) = (b') mixing the positive electrode active material, a binder, and a conductive material in a solvent to prepare an active material slurry; and
Claim 6(e) = (c') applying the active material slurry to at least one surface of a current collector, drying, and rolling it to form a spare electrode,
Claim 6(b) = (d') exposing the spare electrode to an atmospheric moisture environment to prepare a spare electrode containing moisture; wherein the moisture environment is an environment of 30% RH or more at a temperature ranging from 25 to 30° C; . (The humidification treatment is preferably conducted under the conditions including a temperature of 10 to 50° C., a relative humidity of an atmospheric gas of 10 to 90% [0064])
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
and Claim 6(c) = (e') drying the spare electrode containing moisture to prepare a final electrode.
As to claim 9, the rejection claim 6 is incorporated, modified Watanabe,
the exposing to the atmospheric moisture environment in the steps (b) is the exposing until the content of a lithium by-product in an environment of 35% RH
or more (The humidification treatment is preferably conducted under the conditions including a temperature of 10 to 50° C., a relative humidity of an atmospheric gas of 10 to 90%, [0064] and with respect to the humidity treatment occurring in steps (b) and (d’), it should be noted, it has been held that “selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results” (MPEP 2144.04)
satisfies the following Equation 1:
[Equation 1]
4000/A
A is a molar content of Ni when the total mole of transition metal contained in the positive electrode active material is 1, and B is the content of lithium by-product, when A is 0.5 or less, the minimum value of B is 6000 ppm.
Watanabe discloses the molar content of an positive electrode active material of a core particle X to be the formula: Li.sub.1+aNi.sub.1-b-cCo.sub.bM.sub.cO.sub.2 wherein M is at least one element selected from the group consisting of Mn, Al, B, Mg, Ti, Sn, Zn and Zr; a is a number of −0.1 to 0.2 (−0.1≦a≦0.2); b is a number of 0.05 to 0.5 (0.05≦b≦0.5); and c is a number of 0.01 to 0.4 (0.01≦c≦0.4) [Abstract], and where a = 0, b = 0.25, c = 0.25, yielding the formula of LiNi0.4 Co0.3 M0.3 O2 and providing 0.5 moles of nickel which meets the claimed limitation of 0.5 or less.
Watanabe further teaches, (A content of lithium carbonate Li.sub.2CO.sub.3 in the positive electrode active substance particles is not more than 0.65% by weight, [Abstract]). Which overlaps the claimed range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 12, the rejection of claim 7 is incorporated, modified Watanabe the exposing to the atmospheric moisture environment in the steps (d') is the exposing until the content of a lithium by-product in an environment of 35% RH
or more (The humidification treatment is preferably conducted under the conditions including a temperature of 10 to 50° C., a relative humidity of an atmospheric gas of 10 to 90%, [0064] and with respect to the humidity treatment occurring in steps (d’), it should be noted, it has been held that “selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results” (MPEP 2144.04)
satisfies the following Equation 1:
[Equation 1]
4000/A
A is a molar content of Ni when the total mole of transition metal contained in the positive electrode active material is 1, and B is the content of lithium by-product, when A is 0.5 or less, the minimum value of B is 6000 ppm.
Watanabe discloses the molar content of an positive electrode active material of a core particle X to be the formula: Li.sub.1+aNi.sub.1-b-cCo.sub.bM.sub.cO.sub.2 wherein M is at least one element selected from the group consisting of Mn, Al, B, Mg, Ti, Sn, Zn and Zr; a is a number of −0.1 to 0.2 (−0.1≦a≦0.2); b is a number of 0.05 to 0.5 (0.05≦b≦0.5); and c is a number of 0.01 to 0.4 (0.01≦c≦0.4) [Abstract], and where a = 0, b = 0.3, c = 0.3, yielding the formula of LiNi0.4 Co0.3 M0.3 O2 and providing 0.4 moles of nickel which meets the claimed limitation of 0.5 or less.
Watanabe further teaches, (A content of lithium carbonate Li.sub.2CO.sub.3 in the positive electrode active substance particles is not more than 0.65% by weight, [Abstract]). Which overlaps the claimed range and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 14, the rejection of claim 9 is incorporated, Watanabe discloses the positive electrode mixture (When producing a positive electrode sheet using the positive electrode active substance particles according to the present invention, a conducting agent and a binder are added to and mixed with the positive electrode active substance particles by an ordinary method [0068]) includes a binder (Examples of the preferred binder include, polyvinylidene fluoride [0068],as exemplified by the instant specification page 10, lines 9-16), and the lithium by-product (Li.sub.2CO.sub.3, [0063], as exemplified by the instant specification page 3, line 25)
With respect to the limitation, “is configured to promote an intramolecular and intermolecular crosslinking reaction of the binder for increasing an alpha phase of the binder,” where Watanabe has the same materials, the material properties would behave in the same manner to increase an alpha phase of the binder meeting the claim limitation.
Applicant is reminded, the courts have held that “a compound and all its properties are mutually inseparable”, In re Papesch, 315F.2d 381, 137 USPQ 42, 51 (CCPA 1963). Further, attention is drawn to MPEP 2112.01, which states that “products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.”, In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
As to claim 15, the rejection of claim 9 is incorporated, Watanabe discloses the content B-of the lithium by-product (B) is 8000 ppm or less. (A content of lithium carbonate Li.sub.2CO.sub.3 in the positive electrode active substance particles is not more than 0.65% by weight [Abstract])
As to claim 16, the rejection of claim 9 is incorporated, Watanabe discloses the lithium by-product is Li2CO3. (The method for forming the coating compound Z according to the present invention is such a technology in which lithium hydroxide LiOH that remains in the core particle X constituted of the lithium nickelate composite oxide is efficiently converted into lithium carbonate Li.sub.2CO.sub.3 [0063])
As to claim 17, the rejection of claim 9 is incorporated, Watanabe discloses a rock-salt layer is formed on the surface of the positive electrode mixture. (The lithium nickelate LiNiO.sub.2 according to the present invention has a layer (rock salt) structure [0041])
As to claim 18, the rejection of claim 12 is incorporated, Watanabe discloses the positive electrode mixture (When producing a positive electrode sheet using the positive electrode active substance particles according to the present invention, a conducting agent and a binder are added to and mixed with the positive electrode active substance particles by an ordinary method [0068]) includes a binder (Examples of the preferred binder include, polyvinylidene fluoride [0068],as exemplified by the instant specification page 10, lines 9-16), and the lithium by-product (Li.sub.2CO.sub.3, [0063], as exemplified by the instant specification page 3, line 25)
With respect to the limitation, “is configured to promote an intramolecular and intermolecular crosslinking reaction of the binder for increasing an alpha phase of the binder,” where Watanabe has the same materials, the material properties would behave in the same manner to increase an alpha phase of the binder meeting the claim limitation.
Applicant is reminded, the courts have held that “a compound and all its properties are mutually inseparable”, In re Papesch, 315F.2d 381, 137 USPQ 42, 51 (CCPA 1963). Further, attention is drawn to MPEP 2112.01, which states that “products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.”, In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
As to claim 19, the rejection of claim 12 is incorporated, Watanabe discloses the content B-of the lithium by-product (B) is 8000 ppm or less. (A content of lithium carbonate Li.sub.2CO.sub.3 in the positive electrode active substance particles is not more than 0.65% by weight [Abstract])
As to claim 20, the rejection of claim 12 is incorporated, Watanabe discloses the lithium by-product is Li2CO3. (The method for forming the coating compound Z according to the present invention is such a technology in which lithium hydroxide LiOH that remains in the core particle X constituted of the lithium nickelate composite oxide is efficiently converted into lithium carbonate Li.sub.2CO.sub.3 [0063])
As to claim 21, the rejection of claim 12 is incorporated, Watanabe discloses a rock-salt layer is formed on the surface of the positive electrode mixture. (The lithium nickelate LiNiO.sub.2 according to the present invention has a layer (rock salt) structure [0041])
As to claim 22, the rejection of claim 6 is incorporated, Watanabe discloses the method of producing a positive electrode according to claim 6, and regarding the limitation "the positive electrode has a hardness at which cracks occur in a measuring rod of 2 pi (Ǿ) or more, during a flexibility test in which when the electrode is bent in half to contact the measuring rod for each pi, and then both ends of the positive electrode are lifted," where the claimed and prior art products formed by substantially identical methods, claimed properties are presumed to be inherent. See MPEP §2112.01
As to claim 23, the rejection of claim 7 is incorporated, Watanabe discloses the method of producing a positive electrode according to claim 7, and regarding the limitation "the positive electrode has a hardness at which cracks occur in a measuring rod of 2 pi (Ǿ) or more, during a flexibility test in which when the electrode is bent in half to contact the measuring rod for each pi, and then both ends of the positive electrode are lifted," where the claimed and prior art products formed by substantially identical methods, claimed properties are presumed to be inherent. See MPEP §2112.01
As to claim 24, the rejection of claim 6 is incorporated, Watanabe discloses the positive electrode active material is a lithium transition metal oxide represented by the following Chemical Formula 1:
[Chemical Formula 1]
LiaNixCoyM-x-yO2-wAw wherein M is at least one selected from the group consisting of Ti, Mg, Al, Zr, and Mn, A is an oxygen-substituted halogen, 1.00<a<1.05,0.6<x1,0<y<0.4,0<1-x-y<0.4, and 0<w<0.001.
(positive electrode active material of a core particle X to be the formula: Li.sub.1+aNi.sub.1-b-cCo.sub.bM.sub.cO.sub.2 wherein M is at least one element selected from the group consisting of Mn, Al, B, Mg, Ti, Sn, Zn and Zr; a is a number of −0.1 to 0.2 (−0.1≦a≦0.2); b is a number of 0.05 to 0.5 (0.05≦b≦0.5); and c is a number of 0.01 to 0.4 (0.01≦c≦0.4) [Abstract], and where a = 0, b = 0.2, c = 0.2, yielding the formula of LiNi0.6 Co0.2 Mn0.2 O2 .
As to claim 25, the rejection of claim 7 is incorporated, Watanabe discloses the positive electrode active material is a lithium transition metal oxide represented by the following Chemical Formula 1:
[Chemical Formula 1]
LiaNixCoyM-x-yO2-wAw wherein M is at least one selected from the group consisting of Ti, Mg, Al, Zr, and Mn, A is an oxygen-substituted halogen, 1.00<a<1.05,0.6<x1,0<y<0.4,0<1-x-y<0.4, and 0<w<0.001.
(positive electrode active material of a core particle X to be the formula: Li.sub.1+aNi.sub.1-b-cCo.sub.bM.sub.cO.sub.2 wherein M is at least one element selected from the group consisting of Mn, Al, B, Mg, Ti, Sn, Zn and Zr; a is a number of −0.1 to 0.2 (−0.1≦a≦0.2); b is a number of 0.05 to 0.5 (0.05≦b≦0.5); and c is a number of 0.01 to 0.4 (0.01≦c≦0.4) [Abstract], and where a = 0, b = 0.2, c = 0.2, yielding the formula of LiNi0.6 Co0.2 Mn0.2 O2 .
Response to Arguments
Applicant's arguments filed 09/09/2025 have been fully considered but they are not persuasive.
Applicant argues, pages 6-7, Watanabe discourages performing only a humidification treatment.
The office respectfully disagrees as the preparing a spare positive electrode active material step would include the core particle X, coating compound Y, and coating compound Z, and thus the step compounding Z includes a treatment to the entire material. Where preparing the positive electrode material includes all three of the core particle X, coating compound Y, and coating compound Z meeting the consisting of limitation of “preparing a spare positive electrode material.”
Applicant argues, page 7, Watanabe’s invention is directed to solving a different problem.
The office notes, The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (See MPEP 2123 R-5).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hong et al. (US2017/0222223A1) Positive electrode by lithium-by product.
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.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728