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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 6, 2026 has been entered.
Summary
The Applicant’s arguments and claim amendments received March 6, 2026 have been entered into the file. Currently, claim 1 is amended; and claims 2-4, 6-7, and 9-10 are cancelled; resulting in claims 1, 5, 8, and 11 pending for examination.
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, 5, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Noh, et al. (US 2019/0393489 A1) in view of Kim, et al. (US 2020/0343553 A1).
Regarding claim 1, Noh teaches a lithium secondary battery (¶ [0002] Ln. 2-3) comprising a cathode comprising a cathode active material (¶ [0009] Ln. 2), wherein the cathode active material comprises a lithium composite oxide particle (¶ [0011] Ln. 3) having a nickel molar ratio of 0.8 or more among elements other than lithium and oxygen (¶ [0011] Formula 1; [0065] Ln. 4-6), and TiO2 particles introduced as part of a coating layer (¶ [0083], Ln. 4-6). The lithium secondary battery also includes an anode facing the cathode (Fig. 56, Ref. 140; ¶ [0056] Ln. 3-4). Noh teaches that that the thickness of the oxide coating layer formed on the surface of the lithium metal oxide particle is 90-200 nm (¶ [0074], Ln. 1-7), meeting the claimed range of 90-200 nm. Noh teaches that the TiO2 particles may be added in an amount of 500 ppm to 1,500 ppm in order to suitably form the oxide coating (¶ [0025] Ln. 1-5), and teaches examples of cathode active material including 1,000 ppm, 3,000 ppm, and 3,600 ppm (Examples 1-23; Table 1). Noh does not explicitly teach a content of TiO2 particles of 5,000 ppm.
Kim teaches a positive electrode active material for a secondary battery including a lithium complex transition metal oxide with a high nickel content and including a composite coating portion containing cobalt, boron, and at least one selected from the group consisting of lanthanum, titanium, and aluminum (¶ [0010], Ln. 1-14). Kim teaches that the composite coating is formed on a surface of the lithium complex transition metal oxide by dry mixing and heat treating the lithium complex transition metal oxide with a coating source (¶ [0011], Ln. 9-15), further teaching that the preferred coating source containing titanium is TiO2 (¶ [0043], Ln. 1-9). Kim teaches that the element selected from lanthanum, titanium, and aluminum contained in the coating portion may be included in an amount of 0.4-1.5 parts by weight, or 4,000-15,000 ppm with respect to the total weight of the lithium complex transition metal oxide (¶ [0047], Ln. 1-6), teaching that excellent thermal stability may be ensured, room temperature resistance may be reduced, and gas generation may be reduced when the above range is satisfied (¶ [0035], Ln. 1-8).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the content of TiO2 particles included in the cathode active material of Noh to be 5,000 ppm, based on the teachings of Kim. Although Noh does not teach an amount higher than 3,600 ppm in the examples, one of ordinary skill in the art would find it obvious to modify this range in order to ensure the oxide coating is suitably formed. Additionally, one would be motivated to try a higher content based on the teachings of Kim. One of ordinary skill in the art would be motivated to include 5,000 ppm based on the teachings of Kim in order to ensure thermal stability, reduce room temperature resistance, and reduce gas generation.
While it is acknowledged that the reversible lithium-titanium oxide selectively present in a specified charging region, such that TiO2 particles are included as independent particles at a voltage less than 4.1 V, the reversible lithium-titanium oxide is only generated in the charging region of 4.1-4.3 V by conversion of lithium residues remaining on a surface of the lithium composite oxide particle to form a reversible coating layer on the surface of the lithium composite oxide particle, the reversible lithium-titanium oxide is not generated at a voltage lower than 4.1 V, the reversible lithium titanium oxide is represented by LixTiO2 (0<x≤0.6), and an integral peak intensity ratio of cathode active material including the reversible lithium-titanium oxide and lithium composite oxide particle to cathode active material not including a titanium source of 1.7 to 1.9 are not explicitly recited by Noh, the reference teaches the claimed composition, including the claimed lithium composite oxide and lithium-titanium oxide of the cathode active material. Therefore, the claimed properties, i.e., the lithium-titanium oxide being reversible and selectively present in a charging region of 4.1 V or more and less than 4.3 V, TiO2 particles included as independent particles at a voltage less than 4.1 V, the reversible lithium-titanium oxide is only generated in the charging region of 4.1-4.3 V by conversion of lithium residues remaining on a surface of the lithium composite oxide particle to form a reversible coating layer on the surface of the lithium composite oxide particle, the reversible lithium-titanium oxide is not generated at a voltage lower than 4.1 V, the reversible lithium titanium oxide is represented by LixTiO2 (0<x≤0.6), and an integral peak intensity ratio determined by sXAS of cathode active material including the reversible lithium-titanium oxide and lithium composite oxide particle to cathode active material not including a titanium source of 1.7 to 1.9 would be implicitly achieved by a cathode active material with the same lithium-titanium oxide and lithium composite oxide particle composition. The instant specification has not provided adequate teachings that the claimed property is only obtainable with the claimed material.
As evidence that the claimed properties are inherent to the cathode active material taught by Noh, the reference teaches forming the cathode active material by a substantially similar process using the same materials, which the instant specification recognizes as essential to achieving the claimed reversible lithium-titanium oxide selectively present in a charging region of 4.1 V or more and less than 4.3 V. In particular, in paragraph [0063] of the instant specification, the reversible phase of the lithium-titanium oxide is said to be formed by including a content of TiO2 particles from about 1,000 ppm to about 5,000 ppm. In paragraph [00116] of the instant specification, the lithium composite oxide particles (LiNi0.8Co0.1Mn0.1O2) are mixed with 1,000 ppm of TiO2 particles to form the cathode active material of example 1. Additionally, paragraph [00123] of the instant specification, the sXAS analysis is said to confirm the presence of the lithium-titanium oxide.
With respect to the content of TiO2 particles, Noh teaches a range of 500 ppm to 1,500 ppm in order to suitably form the oxide (¶ [0025] Ln. 1-5). Thus, the TiO2 particles are included at an amount within the range required to form the reversible lithium-titanium oxide of claim 1.
With respect to the process of combining the lithium composite oxide particles and TiO2 particles, Noh teaches combining a lithium metal oxide (LiNi0.8Co0.1Mn0.1O2) with titanium (TiO2 particles) in order to form an oxide containing lithium and titanium (¶ [0129] Ln. 1-3, Ln. 12-14). Specifically, examples 4-9 teach combining lithium composite oxide (LiNi0.8Co0.1Mn0.1O2) particles with 1,000 ppm TiO2 along with additional metal oxides, example 10 teaches combining lithium composite oxide (LiNi0.8Co0.1Mn0.1O2) particles with 3,600 ppm TiO2 along with additional metal oxides, example 23 teaches combining lithium composite oxide (LiNi0.8Co0.1Mn0.1O2) particles with 3,000 ppm TiO2 along with additional metal oxides, and comparative example 3 teaches combining lithium composite oxide (LiNi0.8Co0.1Mn0.1O2) particles with 1,000 ppm TiO2 without the addition of other metal oxides (¶ [0135] Table 1).
With respect to the presence of the lithium-titanium oxide, Noh teaches the presence of a lithium-titanium oxide on the surface of the lithium metal oxide particle (¶ [0018] Ln. 1-2). Additionally, examples 4-11 and comparative example 3 of the reference specification (¶ [0135] Table 1) contain the same composition of example 1 of the instant specification.
While it is acknowledged that Noh teaches combining the lithium composite oxide particles with TiO2 particles prior to calcination, whereas the instant specification teaches adding TiO2 particles after a high temperature annealing process, both processes result in LiTiO2 formed on the surface of the lithium composite oxide particle (¶ [0018], Ln. 1-3). The LiTiO2 layer formed on the surface of the lithium composite oxide particle of Noh is formed by mixing the lithium metal oxide particles with TiO2, and one of ordinary skill in the art would understand that there would be at least some individual TiO2 particles present in the surface layer after annealing. Thus, the surface layer would react the same way as the LiTiO2 layer formed on the surface of the lithium composite oxide particle of the instant application in the same charging region, including resulting in TiO2 included as independent particles at a voltage less than 4.1 V. Depending on the state of charge of the battery, the TiO2 particles in the surface layer will be lithiated, partially lithiated, or not lithiated. When lithium ions are migrating, at a voltage within 4.1-4.3 V, the composition of the surface layer will change such that the lithium-titanium oxide on the surface of the lithium composite oxide particle may be considered reversible, as the lithiation state of the TiO2 particles changes. Further, based on the partial lithiation of the TiO2 particles during the migration of lithium ions, the lithium-titanium oxide generated at a voltage of 4.1-4.3 V may be represented by LixTiO2 (0<x≤0.6).
Thus, the cathode active material taught by Noh teaches all of the essential features to achieving the claimed lithium-titanium oxide being reversible and selectively present in a charging region of 4.1 V or more and less than 4.3 V, including TiO2 particles as independent particles at a voltage less than 4.1 V, the reversible lithium-titanium oxide is only generated in the charging region of 4.1-4.3 V by conversion of lithium residues remaining on a surface of the lithium composite oxide particle to form a reversible coating layer on the surface of the lithium composite oxide particle, the reversible lithium-titanium oxide is not generated at a voltage lower than 4.1 V, the reversible lithium titanium oxide is represented by LixTiO2 (0<x≤0.6), and having an integral peak intensity ratio of cathode active material including the reversible lithium-titanium oxide and lithium composite oxide particle to cathode active material not including a titanium source of 1.7 to 1.9.
Regarding claim 5, Noh in view of Kim teaches all of the limitations of claim 1 above, and Noh further teaches the lithium composite oxide particle is represented by the formula:
LiαNixMyOβ (¶ [0011] Formula 1)
wherein, in the formula, M is at least one selected from the group consisting of Co, Mn, Ti, Zr, Al and B (¶ [0012] Ln. 1-3), 0.7≤α≤1.2, 1.5≤β≤2.02, 0.8≤x≤0.95, and 0.95≤x+y≤1.1 (¶ [0012] Ln. 3-4); ¶ [0127] Ln. 14-15).
Regarding claim 8, Noh in view of Kim teaches all of the limitations of claim 1 above, and Noh further teaches that the lithium composite oxide particle contains nickel, cobalt and manganese, and a molar ratio of nickel among nickel, cobalt and manganese is 0.8 or more (¶ [0011] Formula 1; [0065] Ln. 4-6).
Regarding claim 11, Noh in view of Kim teaches all of the limitations of claim 1 above. While it is acknowledged that the integral peak intensity is not explicitly recited by Noh, the reference teaches the claimed composition, including the claimed lithium composite oxide and lithium-titanium oxide of the cathode active material. Therefore, the claimed property, i.e., the integral peak intensity in the range of 460 eV to 470 eV of the cathode active material including the reversible lithium-titanium oxide being 10 to 14, would be implicitly achieved by a cathode active material with the same lithium-titanium oxide and lithium composite oxide particle composition. The instant specification has not provided adequate teachings that the claimed property is only obtainable with the claimed material. Should the Applicant disagree, it is requested that evidence is provided to support their position. See also MPEP 2112, 2112.01, and analogous burden of proof in MPEP 2113.
As evidence that the claimed property is inherent to the cathode active material taught by Noh, the reference teaches forming an oxide containing lithium and titanium, which the instant specification recognizes as essential to achieving the claimed peak intensity ratio and peak intensity. In particular, in paragraph [00123] of the instant specification, the sXAS analysis is said to confirm the presence of the lithium-titanium oxide. With respect the presence of the lithium-titanium oxide, Noh teaches the presence of a lithium-titanium oxide on the surface of the lithium metal oxide particle (¶ [0018] Ln. 1-2). Additionally, examples 4-11 and comparative example 3 of the reference specification (¶ [0135] Table 1) contain the same composition of example 1 of the instant specification. Thus, the cathode active material taught by Noh teaches all of the essential features to achieving the claimed peak intensity in the range of 460 eV to 470 eV of the cathode active material including the reversible lithium-titanium oxide of 10 to 14.
Claims 1, 5, 8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Du, et al. (EP 3429000 A1) in view of Noh, et al. (US 2019/0393489 A1).
Regarding claim 1, Du teaches a lithium ion battery including a positive electrode with a modified positive electrode active material (¶ [0033], Ln. 1-3). The modified positive electrode active material includes a positive electrode active material substrate selected from the group consisting of lithium cobalt oxide, lithium iron phosphate, lithium manganese oxide, lithium-nickel-manganese-cobalt-based oxide ternary material, lithium-nickel-cobalt-aluminum-based oxide ternary material (¶ [0019], Ln. 1-4). The modified positive electrode active material also includes a first oxide layer coated on the surface of the positive electrode active material substrate and a second oxide layer coated on the surface of the first oxide layer (¶ [0014], Ln. 1-7). In Example 6, the positive electrode active material substrate is a lithium-nickel-manganese-cobalt-based oxide ternary material LiNi0.8Co0.1Mn0.1O2 (lithium composite oxide particle having a nickel molar ratio of 0.8 or more along elements other than lithium and oxygen) and the first oxide layer is formed by adding 0.50 g of TiO2 (¶ [0062], Ln. 1-3). The example teaches including 100 g of positive electrode active material substrate (¶ [0062], Ln. 1), making the content of TiO2 particles 5,000 ppm based on a total weight of the lithium composite oxide particle. Du teaches that a layer of titanium oxide is coated on the surface of the lithium-nickel-manganese-cobalt-based oxide ternary material (¶ [0062], Ln. 6-7). Du teaches that in preparing the lithium ion battery, the positive electrode, a separator, and the negative electrode are stacked in that order and wound (anode facing the cathode) (¶ [0048], Ln. 1-3).
While it is acknowledged that the reversible lithium-titanium oxide selectively present in a specified charging region, such that TiO2 particles are included as independent particles at a voltage less than 4.1 V, the reversible lithium-titanium oxide is only generated in the charging region of 4.1-4.3 V by conversion of lithium residues remaining on a surface of the lithium composite oxide particle to form a reversible coating layer on the surface of the lithium composite oxide particle, the reversible lithium-titanium oxide is not generated at a voltage lower than 4.1 V, the reversible lithium titanium oxide is represented by LixTiO2 (0<x≤0.6), and an integral peak intensity ratio of cathode active material including the reversible lithium-titanium oxide and lithium composite oxide particle to cathode active material not including a titanium source of 1.7 to 1.9 are not explicitly recited by Du, the reference teaches the claimed composition, including the claimed lithium composite oxide and titanium oxide particles of the cathode active material. Therefore, the claimed properties, i.e., a reversible lithium-titanium oxide being selectively present in a charging region of 4.1 V or more and less than 4.3 V, TiO2 particles included as independent particles at a voltage less than 4.1 V, the reversible lithium-titanium oxide only generated in the charging region of 4.1-4.3 V by conversion of lithium residues remaining on a surface of the lithium composite oxide particle to form a reversible coating layer on the surface of the lithium composite oxide particle, the reversible lithium-titanium oxide not generated at a voltage lower than 4.1 V, the reversible lithium titanium oxide represented by LixTiO2 (0<x≤0.6), and an integral peak intensity ratio determined by sXAS of cathode active material including the reversible lithium-titanium oxide and lithium composite oxide particle to cathode active material not including a titanium source of 1.7 to 1.9 would be implicitly achieved by a cathode active material with the same lithium composite oxide particle composition and titanium oxide particle coating. The instant specification has not provided adequate teachings that the claimed property is only obtainable with the claimed material.
As evidence that the claimed properties are inherent to the cathode active material taught by Noh, the reference teaches forming the cathode active material by a substantially similar process using the same materials, which the instant specification recognizes as essential to achieving the claimed reversible lithium-titanium oxide selectively present in a charging region of 4.1 V or more and less than 4.3 V. In particular, in paragraph [0063] of the instant specification, the reversible phase of the lithium-titanium oxide is said to be formed by including a content of TiO2 particles from about 1,000 ppm to about 5,000 ppm. In paragraph [00116] of the instant specification, the lithium composite oxide particles (LiNi0.8Co0.1Mn0.1O2) are mixed with 1,000 ppm of TiO2 particles to form the cathode active material of example 1.
With respect to the content of TiO2 particles, Du teaches that 5,000 ppm of TiO2 particles are mixed with the lithium-nickel-manganese-cobalt-based oxide ternary material in Example 6 (¶ [0062], Ln. 1-3). Thus, the TiO2 particles are included at an amount within the range required to form the reversible lithium-titanium oxide of claim 1.
With respect to the process of combining the lithium composite oxide particles and TiO2 particles, Du teaches combining a lithium-nickel-manganese-cobalt-based oxide ternary material (LiNi0.8Co0.1Mn0.1O2) with TiO2 particles in order to form a titanium oxide coating layer on the surface of the lithium-nickel-manganese-cobalt-based oxide ternary material (¶ [0062] Ln. 1-7). Thus, the TiO2 is included as individual particles in the first oxide layer.
With respect to the presence of a reversible lithium-titanium oxide, one of ordinary skill in the art would recognize that within a voltage of 4.1-4.3 V, lithium titanium oxide will be formed between the TiO2 in the coating layer and the migrating lithium ions of the lithium-nickel-manganese-cobalt-based oxide ternary material. Therefore, in the claimed charging region, a reversible lithium titanium oxide will be generated. Depending on the state of charge of the battery, the TiO2 particles in the surface layer will be lithiated, partially lithiated, or not lithiated. Further, based on the partial lithiation of the TiO2 particles, the lithium-titanium oxide generated at a voltage of 4.1-4.3 V may be represented by LixTiO2 (0<x≤0.6).
Thus, the cathode active material taught by Du teaches all of the essential features to achieving the claimed reversible lithium-titanium oxide selectively present in a specified charging region, such that TiO2 particles are included as independent particles at a voltage less than 4.1 V, the reversible lithium-titanium oxide is only generated in the charging region of 4.1-4.3 V by conversion of lithium residues remaining on a surface of the lithium composite oxide particle to form a reversible coating layer on the surface of the lithium composite oxide particle, the reversible lithium-titanium oxide is not generated at a voltage lower than 4.1 V, the reversible lithium titanium oxide is represented by LixTiO2 (0<x≤0.6), and an integral peak intensity ratio of cathode active material including the reversible lithium-titanium oxide and lithium composite oxide particle to cathode active material not including a titanium source of 1.7 to 1.9.
Du teaches that the amount of titanium included in the first oxide layer is 0.01% to 2% based on the mass of the positive electrode active material substrate, further teaching that excessive amounts lead to the formation of an excessively thick coating, affecting the electrochemical performance of the battery (¶ [0017], Ln. 1-6). Du does not expressly teach that the thickness of the reversible coating layer is from 90 nm to 200 nm.
Noh teaches a lithium secondary battery (¶ [0002] Ln. 2-3) comprising a cathode comprising a cathode active material (¶ [0009] Ln. 2), wherein the cathode active material comprises a lithium composite oxide particle (¶ [0011] Ln. 3) having a nickel molar ratio of 0.8 or more among elements other than lithium and oxygen (¶ [0011] Formula 1; [0065] Ln. 4-6), and TiO2 particles introduced as part of a coating layer (¶ [0083], Ln. 4-6). Noh teaches that that the thickness of the oxide coating layer formed on the surface of the lithium metal oxide particle is 90-200 nm (¶ [0074], Ln. 1-7). Noh teaches that when the oxide coating is too thickly formed, the electrical characteristics of the cathode active material are reduced (¶ [0101], Ln. 6-9).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the titanium oxide coating layer of Du to be 90-200 nm thick based on the teachings of Noh. Given the teaching of Du that the content of titanium is limited so as not to form an excessively thick coating, one would be motivated to apply the teachings of Noh, limiting the thickness to 90-200 nm. One of ordinary skill in the art would be motivated to use this thickness in order to avoid reducing the electrical characteristics of the active material.
Regarding claims 5 and 8, Du in view of Noh teaches all of the limitations of claim 1 above, and Du further teaches that the lithium-nickel-manganese-cobalt-based oxide ternary material of Example 6 is LiNi0.8Co0.1Mn0.1O2 (¶ [0062], Ln. 1-2), meeting the limitations of claimed Chemical Formula 1 wherein M is selected from Co and Mn, α=1, β=2, x=0.8, and x+y=1, and containing a molar ratio of nickel among nickel, cobalt, and manganese of 0.8 or more.
Regarding claim 11, Du in view of Noh teaches all of the limitations of claim 1 above. While it is acknowledged that the integral peak intensity is not explicitly recited by Du, the reference teaches the claimed composition, including the claimed lithium composite oxide and reversible lithium titanium oxide. Therefore, the claimed property, i.e., the integral peak intensity in the range of 460 eV to 470 eV of the cathode active material including the reversible lithium-titanium oxide being 10 to 14, would be implicitly achieved by a cathode active material with the same lithium composite oxide particle composition and reversible lithium titanium oxide. The instant specification has not provided adequate teachings that the claimed property is only obtainable with the claimed material. Should the Applicant disagree, it is requested that evidence is provided to support their position. See also MPEP 2112, 2112.01, and analogous burden of proof in MPEP 2113.
As evidence that the claimed property is inherent to the cathode active material taught by Du, the reference teaches combining a lithium-nickel-manganese-cobalt-based oxide ternary material LiNi0.8Co0.1Mn0.1O2 and TiO2 (¶ [0062], Ln. 1-3), which the instant specification recognizes as essential to achieving the claimed peak intensity ratio and peak intensity. In particular, in paragraph [00123] of the instant specification, the sXAS analysis is said to confirm the presence of the lithium-titanium oxide. With respect the presence of the lithium-titanium oxide, Du teaches the presence of a titanium oxide coating on the surface of the lithium-nickel-manganese-cobalt-based oxide ternary material of Example 6 (¶ [0062] Ln. 6-7). As stated above, as lithium ions are migrating, at a voltage within 4.1-4.3 V, lithium titanium oxide will be formed in the TiO2 coating layer. Therefore, in the claimed charging region, a reversible lithium titanium oxide will be generated. Depending on the state of charge of the battery, the TiO2 particles in the surface layer will be lithiated, partially lithiated, or not lithiated. Thus, the cathode active material taught by Noh teaches all of the essential features to achieving the claimed peak intensity in the range of 460 eV to 470 eV of the cathode active material including the reversible lithium-titanium oxide of 10 to 14.
Response to Arguments
Response-Claim Rejections – 35 U.S.C. 103
In light of the Applicant’s amendments to claim 1 in the response filed March 6, 2026, the previous rejections of claims 1, 5-8, and 11 under 35 U.S.C. 103 over Noh, et al. (US 2019/0393489 A1) in view of Kim, et al. (US 2020/0343553 A1), and further in view of Zhenfeng, et al. (US 2023/0343954 A1) have been withdrawn, however, under further consideration, Noh is still applicable under 35 U.S.C. 103 and used in combination with Kim in the rejections above. Any arguments with respect to the reference that are still deemed valid will be addressed herein.
The Applicant argues that the cited references cannot teach a reversible lithium titanium oxide due to the heating step performed after mixing, that none of the cited references teach a TiO2 particle content of 5,000 ppm, and that none of the cited references teach a lithium titanium oxide with a thickness of 90 nm to 200 nm.
With respect to the argument, see pages 8-9 of the remarks, that the cited references cannot teach a reversible lithium titanium oxide due to the heating step performed after mixing, this argument is not persuasive. While it is acknowledged that Noh teaches combining the lithium composite oxide particles with TiO2 particles prior to calcination, whereas the instant specification teaches adding TiO2 particles after a high temperature annealing process, both processes result in LiTiO2 formed on the surface of the lithium composite oxide particle (¶ [0018], Ln. 1-3). Additionally, one of ordinary skill in the art would understand that there would be at least some individual TiO2 particles present in the layer after annealing. The LiTiO2 layer formed on the surface of the lithium composite oxide particle of Noh would react the same way as the LiTiO2 layer formed on the surface of the lithium composite oxide particle of the instant application in the same charging region. Due to the migration of lithium ions in the claimed charging region, 4.1-4.3 V, the lithium titanium oxide layer may be considered reversible. Depending on the state of charge of the battery, the TiO2 particles in the surface layer will be lithiated, partially lithiated, or not lithiated. When lithium ions are migrating, at a voltage within 4.1-4.3 V, the composition of the surface layer will change as the lithiation state of the TiO2 particles changes, constituting the claimed “reversible” lithium titanium oxide.
With respect to the argument, see pages 10-14 of the remarks, that none of the cited references teach a TiO2 particle content of 5,000 ppm, this argument is not persuasive. Although Noh does not teach an amount higher than 3,600 ppm in the examples, one of ordinary skill in the art would find it obvious to modify this range in order to ensure the oxide coating is suitably formed. Additionally, one would be motivated to try a higher content based on the teachings of Kim. Kim teaches that the element selected from lanthanum, titanium, and aluminum contained in the coating portion may be included in an amount of 0.4-1.5 parts by weight, or 4,000-15,000 ppm with respect to the total weight of the lithium complex transition metal oxide (¶ [0047], Ln. 1-6), teaching that excellent thermal stability may be ensured, room temperature resistance may be reduced, and gas generation may be reduced when the above range is satisfied (¶ [0035], Ln. 1-8). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05(I)). Thus, one of ordinary skill in the art would be motivated to include 5,000 ppm based on the teachings of Kim in order to ensure thermal stability, reduce room temperature resistance, and reduce gas generation.
With respect to the argument, see pages 14-16 of the remarks, that none of the cited references teach a lithium titanium oxide with a thickness of 90 nm to 200 nm, this argument is not persuasive. Noh teaches that that the thickness of the oxide coating layer formed on the surface of the lithium metal oxide particle is 90-200 nm (¶ [0074], Ln. 1-7), further teaching that when the oxide coating is too thickly formed, the electrical characteristics of the cathode active material are reduced (¶ [0101], Ln. 6-9). Additionally, Kim teaches that the coating portion may have a thickness of 100-300 nm, more preferably 120-200 nm (¶ [0037], Ln. 1-2).
Conclusion
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785
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