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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/6/2026 has been entered.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Lin (CN 209045679 U) in view of (Shanmukaraj et al., Sacrificial salts: Compensating the initial charge irreversibility in lithium batteries, ELSEVIER, 18 July 2010) and Li (CN 111554879 A).
Regarding claims 1-7, Lin teaches an electrochemical device (pg. 1, para. 5), comprising: a positive electrode (pg. 1, para. 5); a negative electrode (pg. 1, para. 5); and a separator provided between the positive electrode and the negative electrode (pg. 1, para. 5); wherein the positive electrode comprises a positive electrode current collector (pg. 1, para. 5), a first active material layer (pg. 1, para. 5, [second active material layer]) comprising a first positive active material (pg.1, para. 5, [including a second positive electrode active material]),), and a second active material layer (pg. 1, para. 5, [first active material layer]) comprising a second positive active material (pg. 13, para. 2, [LiFePO4]), the second active material layer is provided between the first active material layer and the positive electrode current collector (pg. 1, para. 5, [wherein the first positive electrode active material layer is disposed between the positive electrode current collector and the second positive electrode active material layer]); the first active material layer further comprising a first lithium-containing material (pg. 2, para. 7, [the first and the second positive active materials are each independently comprised of a lithium component compound]);
Lin teaches the electrochemical device of claim 1, wherein the second active material layer comprises a second lithium-containing material (pg. 2, para. 7, [the first and the second positive active materials are each independently comprised of a lithium component compound]).
Lin teaches that both the first and second active material layers each comprise a lithium-containing material (pg 2. para. 7).
Lin does not teach:
wherein the first active material layer further comprising a first lithium-containing material different from the first positive active material
wherein the first lithium-containing material comprises at least one selected from the group consisting of lithium azide, lithium salts of squaric acids, and lithium salts of hydrazides.
wherein the first lithium-containing material comprises at least one selected from the group consisting of Li2C303, Li2C404, Li2C5O5, Li2C6O6, and LiN3.
wherein the second lithium- containing material comprises at least one selected from the group consisting of lithium azide, lithium salts of squaric acids, and lithium salts of hydrazides.
wherein the second lithium- containing material comprises at least one selected from the group consisting of Li2C303, Li2C404, Li2C5O5, Li2C6O6, and LiN3
a charge cutoff voltage of the electrochemical device is greater than a gas production potential of the first lithium-containing material; and a gas production rate per unit mass of the first active material layer is greater than a gas production rate per unit mass of the second active material layer.
a mass percentage of the first lithium-containing material in the first active material layer is greater than a mass percentage of the second lithium-containing material in the second active material layer.
Shanmukaraj, in the same field of endeavor, batteries, teaches that the first active material layer further comprises a first lithium-containing material (Shanmukaraj, Section 5. Conclusion, second paragraph, [the simplest of the sacrificial salts representatives is commercial LiN3. Its relatively low decomposition voltage makes it a candidate for SEI compensation for 4Vcathodes (LiMn2O4, LiCoO2…) ]), different from the first positive active material.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a first lithium-containing material different from the first positive active material to Lin’s first positive active material, as taught by Shanmukaraj, in order to prevent the loss of lithium from the cathode (Shanmukaraj, Section 5. Conclusion, first paragraph, [This offers the possibility to avoid the “lost” fraction of the positive electrode inactivated after the first charge. ]).
Li, in the same field of endeavor, batteries, teaches a mass percentage of the first lithium-containing material in the first active material layer (pg.6, para. 6 [the mass percentage of the outer layer is 90%-98%]) is greater than a mass percentage of the second lithium-containing material in the second active material layer (pg.6, para. 2 [the mass percentage of the above-mentioned (inner layer pg. 6, para. 1) lithium cobaltate and porous carbon may be 82% to 94%]) (pg. 6, para. 6 [the first layer corresponds to the second layer of the instant specification and the outer layer corresponds to the first layer of the instant specification]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the mass percentages of the lithium containing compounds in modified Lin’s electrochemical cell, to have the first lithium-containing material in the first active material layer be greater than the lithium-containing material in the second active material layer, as taught by Li, in order to adjust the energy density and discharge performance of the electrochemical cell, as taught by Li (pg. 6, para. 3 [the content of the lithium cobalt oxide … affects the lithium-ion battery energy density and discharge performance]). Modified Lin contains the structure, materials, and weight percentages of the lithium components as claimed in the instant specification’s device. Therefore, the claimed charge cut off voltage and gas production rates of the active materials layers operate as described in the instant specification (para. [0026] and [0028]).
Regarding claim 8, modified Lin teaches the limitations set forth as explained above; and therefore, teaches wherein a charge cut-off voltage of the electronic device is greater than a gas production potential of the lithium-containing material (the materials are present in the prior art and can inherently operate in the manner described).
Regarding claim 9, modified Lin teaches the electrochemical device of claim 1, wherein, the first active material layer has a thickness of h1; and the second active material layer has a thickness of h2; and wherein
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(pg. 2 para. 4 [the first positive electrode active material layer (which corresponds to the second layer of the instant) has a thickness of from about 0.5 μm to about 15 μm, and the second positive electrode active material layer (which corresponds to the first layer of the instant) has a thickness of from about 30 μm to about 1000 μm]).
Regarding claim 10, modified Lin teaches the electrochemical device of claim 1, wherein, the first active material layer comprises a first positive electrode material; and the second active material layer comprises a second positive electrode material (pg. 4 para. 7, two active material layers).
Lin further teaches that the first positive electrode material and the second positive electrode material each independently comprising at least one selected from the group consisting of lithium cobaltate, lithium nickelate, lithium manganate, and lithium iron phosphate, (pg. 2 para. 7).
Regarding claims 11-17, Lin teaches an electronic device comprising an electrochemical device (pg.2 para. 12 [an electronic device including the electrochemical device of the above embodiment]), wherein the electrochemical device comprises: a positive electrode (pg. 1, para. 5); a negative electrode (pg. 1, para. 5); and a separator provided between the positive electrode and the negative electrode (pg. 1, para. 5); wherein the positive electrode comprises a positive electrode current collector (pg. 1, para. 5), a first active material layer (pg. 1, para. 5, [second active material layer]) comprising a first positive active material (pg.1, para. 5, [including a second positive electrode active material]),), and a second active material layer (pg. 1, para. 5, [first active material layer]) comprising a second positive active material (pg. 13, para. 2, [LiFePO4]), the second active material layer is provided between the first active material layer and the positive electrode current collector (pg. 1, para. 5, [first active material layer]); the first active material layer comprises a first lithium-containing material (pg. 2, para. 7, [the first and the second positive active materials are each independently comprised of a lithium component compound]);
Lin teaches wherein the second active material layer comprises a second lithium-containing material (pg. 2, para. 7, [the first and the second positive active materials are each independently comprised of a lithium component compound]).
Lin does not teach:
wherein the first active material layer further comprising a first lithium-containing material different from the first positive active material
wherein the first lithium- containing material comprises at least one selected from the group consisting of lithium azide, lithium salts of squaric acids, and lithium salts of hydrazides.
wherein the second lithium-containing material comprises at least one selected from the group consisting of Li2C3O3,Li2C4O4, Li2C5O5, Li2C6O6, and LiN3.
a mass percentage of the first lithium-containing material in the first active material layer is greater than a mass percentage of the second lithium-containing material in the second active material layer.
a charge cutoff voltage of the electrochemical device is greater than a gas production potential of the first lithium-containing material; and a gas production rate per unit mass of the first active material layer is greater than a gas production rate per unit mass of the second active material layer.
Shanmukaraj, in the same field of endeavor, batteries, teaches that the first active material layer further comprises a first lithium-containing material (Shanmukaraj, Section 5. Conclusion, second paragraph, [the simplest of the sacrificial salts representatives is commercial LiN3. Its relatively low decomposition voltage makes it a candidate for SEI compensation for 4Vcathodes (LiMn2O4, LiCoO2…) ]), different from the first positive active material.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a first lithium-containing material different from the first positive active material to Lin’s first positive active material, as taught by Shanmukaraj, in order to prevent the loss of lithium from the cathode (Shanmukaraj, Section 5. Conclusion, first paragraph, [This offers the possibility to avoid the “lost” fraction of the positive electrode inactivated after the first charge. ])
Li, as discussed above, teaches a mass percentage of the first lithium-containing material in the first active material layer is greater (pg.6, para. 6 [the mass percentage of the outer layer is 90%-98%]) than a mass percentage of the second lithium-containing material in the second active material layer (pg.6, para. 2 [the mass percentage of the above-mentioned (inner layer pg. 6, para. 1) lithium cobaltate and porous carbon may be 82% to 94%]) (pg. 6, para. 6 [the first layer corresponds to the second layer of the instant specification and the outer layer corresponds to the first layer of the instant specification]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the mass percentages of the lithium containing compounds in modified Lin’s electrochemical cell, to have the first lithium-containing material in the first active material layer be greater than the lithium-containing material in the second active material layer, as taught by Li, in order to adjust the energy density and discharge performance of the electrochemical cell, as taught by Li (pg. 6, para. 3 [the content of the lithium cobalt oxide … affects the lithium-ion battery energy density and discharge performance]). Modified Lin contains the structure, materials, and weight percentages of the lithium components as claimed in the instant specification’s device. Therefore, the claimed charge cut off voltage and gas production rates of the active materials layers operate as described in the instant specification (para. [0026] and [0028]).
Regarding claim 18, modified Lin teaches the limitations set forth as explained above; and therefore, teaches a charge cutoff voltage of the electrochemical device is greater than a gas production potential of the lithium-containing material ([the materials are present in the prior art and can inherently operate in the manner described]).
Regarding claim 19, modified Lin teaches the electrochemical device of claim 11, wherein, the first active material layer has a thickness of h1; and the second active material layer has a thickness of h2; and wherein
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(pg. 2 para. 4 [the first positive electrode active material layer (which corresponds to the second layer of the instant) has a thickness of from about 0.5 μm to about 15 μm, and the second positive electrode active material layer (which corresponds to the first layer of the instant) has a thickness of from about 30 μm to about 1000 μm]).
Regarding claim 20, modified Lin teaches the electronic device of claim 11, wherein, the first active material layer comprises a first positive electrode material; and the second active material layer comprises a second positive electrode material (pg. 4 para. 7, [two active material layers].
Lin further teaches the first positive electrode material and the second positive electrode material each independently comprising at least one selected from the group consisting of lithium cobaltite, lithium nickelate, lithium manganate, and lithium iron phosphate (pg.2 para. 7 [the first positive active material and the second positive active material are each independently lithium cobaltate, lithium iron phosphate, lithium nickelate, lithium manganate]).
Other Pertinent References
US 20200127337 A1
The reference discloses a positive electrode, two active material layers, a current collector, and an outer active material layer which contains a lithium component.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 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 for any teaching or matter specifically challenged in the argument.
Conclusion
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/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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