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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 2/5/2026 have been considered by the examiner.
Response to Amendment
The examiner notes the following amendments made to the claims:
New claim 16 added
Response to Arguments
Applicant’s arguments, filed 2/11/2026, with respect to the rejection(s) of claim(s) 1-2, 4-15 under 35 USC 103 have been fully considered and are persuasive. Specifically, examiner acknowledges that the carbon nanotubes of Iida are different than the carbon material having the desired ID/IG ratio. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hashimoto (US 20190172604 A1), which teaches the use of carbon nanotubes having the desired properties used as a conductive material in an electrode material (which can be a positive electrode).
Regarding the previously applied rejections for claims 6, 8-13, and 15, since no arguments were made regarding the patentability of these claims other than their dependency on claim 1, the rejections remain in place and unchanged other than now being in view of Hashimoto rather than Iida.
Regarding new claim 16, by using the carbon nanotubes of Hashimoto in a positive electrode, as is taught in the disclosure, the additional limitations would be met. Therefore, new claim 16 is also rejected. Thus, there is currently not considered to be any allowable subject matter present in the claims.
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.
Claim(s) 1, 2, 4, 5, 7, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin (US 20220140320 A1) in view of Hashimoto (US 20190172604 A1):
Regarding claim 1, Jin teaches:
a positive electrode for lithium secondary battery (“One aspect of the present invention provides a positive electrode which includes: a positive electrode active material layer formed on a surface of a positive electrode current collector and including two types of positive electrode active materials with different average particle diameters (D.sub.50),” Jin [0013])
A current collector (“One aspect of the present invention provides a positive electrode which includes: a positive electrode active material layer formed on a surface of a positive electrode current collector and including two types of positive electrode active materials with different average particle diameters (D.sub.50),” Jin [0013])
A positive electrode active material layer including a positive electrode active material (“One aspect of the present invention provides a positive electrode which includes: a positive electrode active material layer formed on a surface of a positive electrode current collector and including two types of positive electrode active materials with different average particle diameters (D.sub.50),” Jin [0013])
And carbon nanotubes (“a positive electrode active material layer formed on a surface of a positive electrode current collector and including two types of positive electrode active materials with different average particle diameters (D.sub.50), a conductive material, and a binder; and a carbon nanotube coating layer formed on a surface of the positive electrode active material layer and including carbon nanotubes and a binder,” Jin [0013])
Placed on the current collector (“a positive electrode active material layer formed on a surface of a positive electrode current collector and including two types of positive electrode active materials with different average particle diameters (D.sub.50), a conductive material, and a binder; and a carbon nanotube coating layer formed on a surface of the positive electrode active material layer and including carbon nanotubes and a binder,” Jin [0013])
wherein the positive electrode active material has a bimodal particle size distribution. (“The two types of positive electrode active materials with different average particle diameters (D.sub.50) according to the present invention may have a bimodal particle diameter distribution,” Jin [0042])
Jin is silent on the following limitations of claim 1:
Wherein the carbon nanotubes have ID/IG of 0.10 or less, Id/Ig being a ratio of a peak intensity of a D band divided by a peak intensity of a G band in a Raman spectrum
However, Hashimoto teaches all of the elements of claim 1 that are not found in Modified Jin. Specifically, Hashimoto teaches:
Wherein the carbon nanotubes have ID/IG of 0.10 or less, Id/Ig being a ratio of a peak intensity of a D band divided by a peak intensity of a G band in a Raman spectrum (“In a preferred aspect of the herein disclosed electrode structure, the G/D ratio of the carbon nanotubes, as measured by Raman spectroscopic analysis, is at least 50 (and preferably at least 70).” Hashimoto [0010]. A G/D ratio of at least 50 would correspond to a D/G ratio of 0.02 or less, which would anticipate the claimed range.)
Hashimoto and Jin are considered to be analogous because they are both within the same field of lithium secondary batteries containing carbon nanotubes. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the positive electrode active material containing carbon nanotubes of Jin to include the carbon nanotubes of Hashimoto having the specific D/G ratio, as it is shown by Hashimoto to improve film strength and improved performance (“In a preferred aspect of the herein disclosed electrode structure, the electronic device is a lithium ion secondary battery, and the electrode structure contains an active material as the electrode material. This constitution enables the realization of an electrode structure for lithium ion secondary batteries, wherein the electrode structure exhibits a higher performance, a better reduction in resistance, and a better film strength than heretofore.” Hashimoto [0016] and “CNT having this G/D ratio can effectively contribute to enhancing the film strength.” Hashimoto [0010]). Additionally, this would only require a simple substitution of one carbon nanotube for use as a conductive material in an electrode for another, which one skilled in the art would be capable of performing. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
By modifying Jin with Hashimoto to meet the limitations of claim 1, no further modification or motivation would be needed to meet the additional limitations of claims 2, 4-5, 7, 14, and 16.
Regarding claim 2, modified Jin teaches all of the elements of claim 1, as shown above. Jin is silent on the following elements:
The positive electrode for a lithium secondary battery of claim 1, wherein the ID/IG is 0.05 or less.
However, Hashimoto teaches all of the elements of claim 2 that are not found in Jin. Specifically, Hashimoto teaches:
The positive electrode for a lithium secondary battery of claim 1, wherein the ID/IG is 0.05 or less. (“In a preferred aspect of the herein disclosed electrode structure, the G/D ratio of the carbon nanotubes, as measured by Raman spectroscopic analysis, is at least 50 (and preferably at least 70).” Hashimoto [0010]. A G/D ratio of at least 50 would correspond to a D/G ratio of 0.02 or less, which would anticipate the claimed range.)
Regarding claim 4, Jin teaches all of the following elements:
The positive electrode for a lithium secondary battery of claim 1 wherein D150/D250 is 0.15 to 0.35, the D150/D250 being a ratio of D150 which is an average particle diameter of a first distribution as a small particle size distribution divided by D250 which is an average particle diameter of a second distribution as a large particle size distribution in the bimodal particle size distribution. (“For example, the two types of positive electrode active materials with different average particle diameters (D.sub.50) may have a bimodal particle diameter distribution, in which the first positive electrode active material has an average particle diameter (D.sub.50) of 8 μm to 20 μm… and the second positive electrode active material has an average particle diameter (D.sub.50) of 1 μm or more and less than 8 μm,” Jin [0043]. In this case, the ratio of the first and second particles of Jin, from the bottom to the top of the taught range, would be 1/8 (0.125) to 8/20 (0.4), which encompasses the claimed range of 0.15-0.35)
The examiner takes note of the fact that the prior art range of 0.125-0.4 of the ratio between the d50 of the first and second positive electrode active material particle encompasses the claimed range of 0.15-0.35. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Examiner also notes that the “first” and “second” particles of Jin would be switched in order to match up with the claim limitations/nomenclature, given that in the instant application the smaller particle is the first distribution, and the larger is the second, whereas in Jin the first particle is larger and the second particle is smaller. This continues to be the case for claim 5.
Regarding claim 5, Jin teaches all of the following elements:
The positive electrode for a lithium secondary battery of claim 4, wherein a mass ratio of the positive electrode active material belonging to the first distribution to the positive electrode active material belonging to the second distribution is 1:2 to 5. (“Meanwhile, when the first positive electrode active material and the second positive electrode active material are included in a weight ratio of 9:1 to 6:4, and preferably, 8:2 to 7:3” Jin [0055]. In this case, as described in claim 4, the nomenclature of Jin is switched to meet that of the instant application. Therefore, Jin would have a mass ratio of 4:6 to 1:9, more preferably 3:7 to 2:8, of smaller particles to larger particles. In this case, the mass ratio ranges would overlap with the claimed ranges, as 3:7-2:8 are all less than 1:5)
The examiner takes note of the fact that the prior art range of 3:7-2:8 (1:2.33-1:4) of the mass ratio between the first and second positive electrode active material particles anticipates the claimed range of 1:2-1:5. The broader range given by Jin, 4:6-1:9 (1:1.5-1:9) encompassed the claimed range of 1:2-1:5. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Regarding claim 7, Jin teaches all of the following elements:
The positive electrode for a lithium secondary battery of claim 1, wherein at least, the positive electrode active material belonging to the second distribution as a large particle size distribution in the bimodal particle size distribution comprises secondary particles. (“the large-particle-diameter first positive electrode active material having a relatively large average particle diameter (D50) is in the form of a secondary particle formed by agglomerating at least several tens of primary particles.” Jin [0048] An important clarification is that in Jin, the “first” material is the same as the “second” material in the instant application, in that they refer to the larger of the two particle sizes in a bimodal distribution, as stated above for claims 4 and 5)
Regarding claim 14, Jin teaches all of the following elements:
A lithium secondary battery comprising: the positive electrode of claim 1. (“Another aspect of the present invention provides a lithium secondary battery including the positive electrode.” Jin [0014])
Regarding claim 16, modified Jin teaches all of the elements of claim 1, as shown above. Jin is silent on the following elements:
The positive electrode for a lithium secondary battery of claim 1, wherein the ID/IG is less than 0.05, and the ID/IG of the carbon nanotubes is ID/IG in a state in which the carbon nanotubes are included in the positive electrode active material layer.
However, Hashimoto teaches all of the elements of claim 16 that are not found in Jin:
The positive electrode for a lithium secondary battery of claim 1, wherein the ID/IG is less than 0.05, and the ID/IG of the carbon nanotubes is ID/IG in a state in which the carbon nanotubes are included in the positive electrode active material layer. (“In a preferred aspect of the herein disclosed electrode structure, the G/D ratio of the carbon nanotubes, as measured by Raman spectroscopic analysis, is at least 50 (and preferably at least 70).” Hashimoto [0010]. A G/D ratio of at least 50 would correspond to a D/G ratio of 0.02 or less, which would anticipate the claimed range. “For example, when the electrode structure is the positive electrode for a lithium ion secondary battery, a positive electrode active material capable of the reversible insertion and release of the lithium ion can be incorporated as the electrode primary material. This positive electrode active material can be exemplified by oxides containing lithium and a transition metal element as constituent metal elements” Hashimoto [0036]. Hashimoto teaches the use of CNTs with the desired properties in a positive electrode. The D/G ratio would not change if they were used specifically in a “positive electrode active material later.” Thus, the teachings of Hashimoto would meet this limitation without requiring any further modification or motivation beyond what was needed for claim 1.)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Modified Jin (US 20170309948 A1) in view of Seol (US 20180219212 A1)
Regarding claim 6, modified Jin teaches all of the elements of claim 1, as shown above. Jin is silent on the following:
The positive electrode for a lithium secondary battery of claim 1 wherein a long axis length of the carbon nanotubes is 0.5D250 to 5D250, based on D250 which is the average particle diameter of the second distribution as a large particle size distribution in the bimodal particle size distribution.
However, Seol teaches all of the elements of claim 6 that are not found in Jin. Specifically, Seol teaches:
The positive electrode for a lithium secondary battery of claim 1 wherein a long axis length of the carbon nanotubes is 0.5D250 to 5D250, based on D250 which is the average particle diameter of the second distribution as a large particle size distribution in the bimodal particle size distribution. (“the carbon nanotube units may have a length of 0.5 μm to 200 μm.” Seol [0056] Seol also teaches the size of the larger particles in the bimodal distribution having an average size of 16.5 μm “LiCoO2 (XD20A™, manufactured by Yumi Core Corporation, D50=16.5 μm, bimodal particle size distribution” Seol [0147]. Lastly, Seol explicitly states “the length of the carbon nanotube units (the length of a major axis passing the center of the unit)” Seol [0056] to make clear that when referring to length it is talking about the long axis length. The range of 0.5D250 and 5D250 would be between 8.75 μm and 82.5 μm, both of which are well within 0.5-200 μm range of possible nanotube size.)
The examiner takes note of the fact that the prior art range of 0.5-200um as the long axis length of the carbon nanotubes, given an average diameter of 16.5, encompasses the claimed range of 0.5D50-5D50 (which in this case would be 8.75-82.5um). Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Jin and Seol are both considered to be analogous to the claimed invention because they are in the same field of positive electrodes for lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the carbon nanotubes of Jin to incorporate the teachings of Seol in order to increase the overall filling density of the electrode. This would be accomplished by having the long axis length of the carbon nanotubes be between 0.5D250 to 5D250, based on D250 which is the average particle diameter of the second distribution as a large particle size distribution in the bimodal particle size distribution.
Claim(s) 8-11, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Jin in view of Kim (US 2023/0104184 A1).
Regarding claim 8, Modified Jin teaches all of the limitations of claim 1 as shown above. However, Modified Jin fails to teach the following:
The positive electrode for a lithium secondary battery of claim 1, wherein the positive electrode layer further includes a point type carbon-based conductive material.
However, Kim teaches all of the elements of claim 8 that are not found in Modified Jin. Kim teaches
• The positive electrode for a lithium secondary battery of claim 1, wherein the positive electrode layer further includes a point type carbon-based conductive material. (“the conductive agent included in the second positive electrode active material layer may include a point-type conductive agent,” (Kim 0055).)
Modified Jin and Kim are both considered to be analogous to the claimed invention because they are in the same field of positive electrodes for lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Jin to incorporate the teachings of Kim in order to decrease the number of effective voids and provide a stable current migration path in the positive electrode active material layer. This would be accomplished by introducing an effective particulate conductive material to the positive electrode active material. Specifically, carbon black, and more specifically, any of acetylene black, Ketjen black, channel black, furnace black, lamp black, and thermal black. It would also have been obvious to include this at a weight percent of 2% or less, as this is standard in the art and provides enough conductive material to effectively suppress the resistance increase rate. No further modifications would be needed to meet claims 9-11, and therefore no further motivation is needed either.
Regarding claim 9, Modified Jin teaches all of the limitations of claim 1 as shown above. However, Modified Jin fails to teach the following:
The positive electrode for a lithium secondary battery of claim 8, wherein the point type carbon-based conductive material includes carbon black
However, Kim teaches all of the elements of claim 9 that are not found in Modified Jin. Kim teaches:
The positive electrode for a lithium secondary battery of claim 8, wherein the point type carbon-based conductive material includes carbon black (“the point-type conductive agent may include at least one selected from the group consisting of carbon black having an average particle diameter D.sub.50 of 5 nm to 50 nm, acetylene black, Ketjen black, channel black, furnace black, lamp black, and thermal black.” (Kim 0055))
Regarding claim 10, Modified Jin teaches all of the limitations of claim 1 as shown above. However, Modified Jin fails to teach the following:
The positive electrode for a lithium secondary battery of claim 9, wherein the carbon black is one or more selected from acetylene black, Ketjen black, channel black, furnace black, lamp black, and thermal black.
However, Kim teaches all of the elements of claim 10 that are not found in Modified Jin. Kim teaches
The positive electrode for a lithium secondary battery of claim 9, wherein the carbon black is one or more selected from acetylene black, Ketjen black, channel black, furnace black, lamp black, and thermal black. (“the point-type conductive agent may include at least one selected from the group consisting of carbon black having an average particle diameter D50 of 5 nm to 50 nm, acetylene black, Ketjen black, channel black, furnace black, lamp black, and thermal black.” (Kim 0055))
Regarding claim 11, Modified Jin teaches all of the limitations of claim 1 as shown above. However, Modified Jin fails to teach the following:
The positive electrode for a lithium secondary battery of claim 8, wherein the positive electrode active material layer includes 2 parts by weight or less of a conductive component including a linear conductive material including the carbon nanotubes and the point type carbon-based conductive material, based on 100 parts by weight of the positive electrode active material.
However, Kim teaches all of the elements of claim 11 that are not found in Modified Jin. Kim teaches
The positive electrode for a lithium secondary battery of claim 8, wherein the positive electrode active material layer includes 2 parts by weight or less of a conductive component including a linear conductive material including the carbon nanotubes and the point type carbon-based conductive material, based on 100 parts by weight of the positive electrode active material. (“the point-type conductive agent may be included in amount of 1.0 wt. % to 3.0 wt. % based on a total weight of the second positive electrode active material layer. (Kim 0056) This would meet the limitation of claim 11 because 1% weight is less than 2 parts per 100, as specified in the claim.)
The examiner takes note of the fact that the prior art ranges of 1-3% by weight of point-type conductive agent overlaps the claimed range of 2 parts per weight of less out of 100 (i.e., 2% or less). Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Regarding claim 13, Jin and modified Kim teach all of the elements of claim 9, as shown above. Jin and modified Kim teach all of the additional limitations of claim 13 due to inherency:
The positive electrode for a lithium secondary battery of claim 9, wherein the positive electrode satisfies the following Equation 1: (Equation 1) RB/RB(ref) ≤ 0.2 wherein RB is bulk resistance of the positive electrode for a lithium secondary battery, and RB(ref) is bulk resistance of a reference positive electrode which has the same composition as the positive electrode for a lithium secondary battery, but has ID/IG in a Raman spectrum of the carbon nanotubes included of 1.0 or more.
Given that the limitations of claim 13 provide no further structural limitations of the electrode, but rather recite a property of it in comparison to a control electrode, the structure of claim 13 is exactly that of claim 9, and therefore the rejection of claim 9 stands to reject claim 13 as well, barring the inclusion of any data or information that would show otherwise. See MPEP 2112 sections III-V regarding inherency and how this would apply to the electrode of claim 9 meeting the limitations of claim 13 despite not explicitly stating the inherent characteristic of having a ratio in relation to a control/reference electrode. Due to the prior art positive electrode of claim 9 being substantially the same to the instantly claimed positive electrode, they would inherently have the same properties.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified Jin and Kim (US 20230104184 A1) as applied to claims 8-11 above, and further in view of Cheng (US 20210226207 A1).
Regarding claim 12, all of the limitations of claim 9 are taught by Modified Jin and Kim, as shown above. However, Modified Jin and Kim fail to teach the following:
The positive electrode for a lithium secondary battery of claim 9, wherein a mass ratio of the carbon nanotubes to the point type carbon-based conductive material included in the positive electrode active material layer is 1:0.2 to 3.
However, Cheng teaches all of the elements of claim 12 that are not found in Modified Jin or Kim. Specifically, Cheng teaches
• The positive electrode for a lithium secondary battery of claim 9, wherein a mass ratio of the carbon nanotubes to the point type carbon-based conductive material included in the positive electrode active material layer is 1:0.2 to 3. (“A slurry containing NCM111, PVdF, carbon black and carbon nanotube (simply referred to as CNT, average diameter: 10 nm, specific surface area: 200 m2/g, length: 500 nm) in a mass ratio of 86:4:7:3 was prepared and applied to an Al foil of 15 μm in thickness so as to be a mass load of 123.6 g/m2, to obtain a positive electrode.” (Cheng 0074) Cheng uses a ratio of 7:3 of carbon black to nanotube, which would be a 3:7 ratio of nanotube to carbon black, which could also be written as 1:2.33. This would meet the limitation of claim 12, which requires a ratio 1:0.2-3 of carbon nanotubes to carbon black.)
Jin, Kim, and Cheng are both considered to be analogous to the claimed invention because they are in the same field of positive electrodes for lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the carbon nanotubes and point-type carbon-based conductive material of Jin and Kim to incorporate the teachings of Cheng in order to have a mass ratio in which the carbon black and carbon nanotubes are stably fixed and bound to the surface of the active material, as the specific ratio used by Cheng was shown to improve charge-rate characteristics (Cheng [0088]). This would be accomplished by using a mass ratio of 1:0.2 to 3 of carbon nanotubes to the point type carbon-based conductive material.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Modified Jin (US 20170309948 A1) in view of Azami (US 20170309948 A1), and further in view of 齊田 潤 (JP 6848172 B2)
Regarding claim 15, modified Jin teaches all of the limitations of claim 14 as shown above. Jin is silent on the following:
The lithium secondary battery of claim 14, wherein a capacity retention rate of the lithium secondary battery based on 1000 charge and discharge cycles at room temperature is 88% or more.”
However, Azami and 齊田 潤 teach all of the limitations of claim 15 that are not found in Jin. Azami teaches the usage of capacity retention rate with 1000 charge-discharge cycles at a different temperature to demonstrate the performance of their battery “1000 times of charge-discharge cycle test were performed in a thermostatic oven at 45° C. to measure the capacity retention ratio and to evaluate the lifetime.” (Azami 0141) While this doesn’t show the specific values at room temperature, it would be obvious to optimize the capacity retention rate in order to improve overall performance, as taught by 齊田 潤 “optimization of the capacity retention rate of the lithium ion secondary battery.” (齊田 潤 evaluation example 2, paragraph 4)
Modified Jin, Azami, and 齊田 潤 are both considered to be analogous to the claimed invention because they are in the same field of lithium secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Jin to incorporate the teachings of Azami and 齊田 潤 in order to optimize the capacity retention rate at room temperature, given the near-identical composition of the instant electrode to the one taught by Modified Jin. This would be accomplished by making a lithium secondary battery which a capacity retention rate based on 1000 charge and discharge at room temperature of 88% or more.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN ELI KASS-MULLET whose telephone number is (571)272-0156. The examiner can normally be reached Monday-Friday 8:30am-6pm except for the first Friday of bi-week.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752