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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/06/2026 has been entered.
Claim Status
Claims 5 and 14 have been amended with support found in the instant specification.
Claims 1, 3-4, 6, 13, and 15-17 have been cancelled.
Claims 2, 5, 7-12, 14, and 18-29 are currently pending and have been examined on the merits in this office action.
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.
Claims 2, 5, 9-11, 14, 19-20, 23-24, and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Han (CN 110729451 A1) in view of Miki (US 2019/0372103 A1).
Regarding claims 5 and 14, Han discloses a lithium ion battery comprising a positive electrode comprising ([45] positive electrode; [2-4] lithium ion battery):
A positive electrode lithium supplementing material layer and a core of the positive electrode, wherein the positive electrode lithium supplementing material layer is provided on an external surface of the positive electrode and is configured to be in between the core of the positive electrode and a liquid of gel electrolyte of the lithium ion battery ([6-10] lithium supplement layer can be applied on the current collector core in between the material layer and the current collector or on the material layer that is between the separator and the positive electrode; [103] separator between the positive electrode and negative electrode; [74] non-aqueous electrolyte and a diaphragm are provided in the lithium ion battery),
Wherein the positive electrode lithium supplementing material layer comprising a positive electrode lithium supplementing material, wherein the positive electrode lithium supplementing material comprises Li2MoO3、Li2MnO3、LiMnO2、Li2MnSiO4、 Li2CoSiO4、LiFeBO3、Li2FeSiO4、Li5FeO4、Li6CoO4、Li6MnO4、Li2NiO2And Li2CuO2 ([6-10, 41] lithium supplement layer comprises a lithium supplement material and a binder wherein the supplement material comprises a core and a coating layer that contains a lithium ion compound listed above an a carbon and metal carbide).
Han’s material for the lithium supplement layer in view of the amendments to the claims is silent with respect to a material according to the compounds claimed.
Miki discloses a cathode all solid state battery and method that is analogous with the instant invention as being within the same field of endeavor of battery cells. Miki discloses wherein the cathode can contain a plurality of materials such as LiMnO2, or Li2SiO3 as well as a plurality of other materials being listed as equivalent materials for a cathode ([0049]). Examiner notes that the material listed by Han and Miki are both used for a cathode and contain overlapping materials and thus appear to be known equivalent materials.
Therefore, it would have been obvious in view of a skilled artisan to substitute and use the Li2SiO3 taught by Miki as the lithium supplementing material within Han’s cathode as a simple substitute and of an equivalent material as taught by Miki. The resulting modification would render obvious all the claim limitations of claims 5 and 14. The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 2, modified Han discloses all the claim limitation of claim 5. Han further discloses wherein a first delithiation capacity of the positive electrode lithium supplementing material is greater than or equal to 300 mAh/g ([40-41, 78-84], Example 1 Li5FeO4 was selected as the lithium supplementing material and is taught to have a removal capacity of 500 mAh/g). Han further discloses wherein a higher removal lithiation capacity than a lithium insertion capacity for the supplement layer is beneficial to create an optimal lithium supplement material effect. While Han is silent with the specific Li2MoO3 nor Miki disclosing the material of Li2SiO3, of the combination, having the lithium removal capacity, the Li2MoO3 material is within the list of material taught by Han as a supplementing material and through the combination the Li2SiO3 is an equivalent material. Therefore, it would have been obvious in view of a skilled artisan that the Li2SiO3 material would have a similar removal capacity as the other materials disclosed by Han and thus be inherently above 300 mAh/g as Han’s teaching of the lithium removal capacity being 150 mAh/g more than the lithium insertion capacity and the examples 1-2 being other materials that can be used for the supplementing material having a capacity of more than 500 mAh/g. Thus the disclosure of Han would inherently render obvious the Li2SiO3 material having a delithiation capacity of 300 mAh/g.
While the prior art does not explicitly teach the delithiation capacity of the Li2SiO3 material, these properties are considered inherent in the prior art barring any differences shown by objective evidence between lithium supplementing material disclosed in the prior art and the applicant. As lithium supplementing material taught by the prior art and the applicant are identical within the scope of claim 2, Han inherently teaches that the Li2SiO3 material has a delithiation capacity of 300 mAh/g. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) MPEP 2112.01.
Regarding claim 9, modified Han discloses all the claim limitations of claim 5. Han further discloses comprising a positive electrode active material layer, wherein the positive electrode lithium supplementing material layer is arranged on a current collector, and the positive electrode active material layer is arranged on the positive electrode lithium supplementing material layer ([6] a lithium supplement layer positioned between the positive current collector and the positive material layer).
Regarding claim 10, modified Han discloses all the claim limitations of claim 9. Han further discloses comprising wherein the positive electrode active material layer comprises a positive electrode active material, a binder, and a conductive agent ([60] positive electrode material layer generally contains at least one active material, one conductive agent, and at least one binder),
wherein the positive electrode active material comprises at least one of lithium cobalt oxide, lithium iron phosphate, lithium iron manganese phosphate, lithium vanadium phosphate, lithium vanadyl phosphate, lithium vanadate, lithium manganate, lithium nickelate, lithium nickel manganese cobalt oxide, lithium-rich manganese-based material, or lithium nickel cobalt aluminum oxide ([18] positive electrode active materials that contains material as claimed),
the binder comprises at least one of fluorine-containing resin, polypropylene resin, fiber-type binder, rubber-type binder, or polyimide-type binder ([65] binder materials that contains materials as claimed), and
the conductive agent comprises at least one of conductive carbon black, carbon fiber, acetylene black, Ketjen black, graphene, or a carbon nanotube ([63] conductive materials as claimed).
Regarding claim 11, modified Han discloses all the claim limitations of claim 10. Han further discloses comprising wherein based on a total weight of the positive electrode active material layer, a weight percentage of the positive electrode active material is 80 wt% to 98 wt%, a weight percentage of the binder is 0.5wt% to 10wt% (Han [64], and a weight percentage of the conductive agent is 0.5 wt% to 10 wt% (Han [64] mass ratio of the active material to conductive agent to binder is 95-99.8: 0.6-2:0.6-3). This claimed mass ratio renders obvious the claimed ranges as the mass ratios are within or slightly above the claimed ranges. 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).
Regarding claims 19-20 and 26-27, modified Han discloses all the claim limitations of claims 5 and 14. Han further discloses wherein the thickness of the positive electrode lithium supplementing material layer is 1-5 micrometers ([56] lithium supplement layer is between 2-4 micrometers and if the supplement layer is less than 2 micrometers the layer provides limited active lithium and cannot completely supplement lithium consumed by the electrode, however, is also less than 4 micrometers so that the lithium supplement layer does not affect volumetric energy density of the battery). 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).
Regarding claim 23, Han discloses all the claim limitations of claim 14. Han further discloses comprising a positive electrode active material layer, wherein the positive electrode lithium supplementing material layer is arranged on a current collector, and the positive electrode active material layer is arranged on the positive electrode lithium supplementing material layer ([6] a lithium supplement layer positioned between the positive current collector and the positive material layer),
wherein the positive electrode active material layer comprises a positive electrode active material, a binder, and a conductive agent ([60] positive electrode material layer generally contains at least one active material, one conductive agent, and at least one binder),
wherein the positive electrode active material comprises at least one of lithium cobalt oxide, lithium iron phosphate, lithium iron manganese phosphate, lithium vanadium phosphate, lithium vanadyl phosphate, lithium vanadate, lithium manganate, lithium nickelate, lithium nickel manganese cobalt oxide, lithium-rich manganese-based material, or lithium nickel cobalt aluminum oxide ([18] positive electrode active materials that contains material as claimed),
the binder comprises at least one of fluorine-containing resin, polypropylene resin, fiber-type binder, rubber-type binder, or polyimide-type binder ([65] binder materials that contains materials as claimed), and
the conductive agent comprises at least one of conductive carbon black, carbon fiber, acetylene black, Ketjen black, graphene, or a carbon nanotube ([63] conductive materials as claimed).
Regarding claim 24, modified Han discloses all the claim limitations of claim 23. Han further discloses comprising wherein based on a total weight of the positive electrode active material layer, a weight percentage of the positive electrode active material is 80 wt% to 98 wt%, a weight percentage of the binder is 0.5wt% to 10wt% (Han [64], and a weight percentage of the conductive agent is 0.5 wt% to10 wt% (Han [64] mass ratio of the active material to conductive agent to binder is 95-99.8: 0.6-2:0.6-3). This claimed mass ratio renders obvious the claimed ranges as the mass ratios are within or slightly above the claimed ranges. 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).
Claims 18, 25, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Han (CN 110729451 A1) in view of Miki (US 2019/0372103 A1) and further evidenced by Yuge (US 2016/0181613 A1).
Regarding claims 18, 25, and 28, modified Han discloses all the claim limitations of claims 5 and 14. Han further disclose a thickness of the positive electrode lithium supplementing material layer being less than or equal to 10 micrometers ([56] lithium supplement layer is between 2-4 micrometers and if the supplement layer is less than 2 micrometers the layer provides limited active lithium and cannot completely supplement lithium consumed by the electrode, however, is also less than 4 micrometers so that the lithium supplement layer does not affect volumetric energy density of the battery).
Han discloses a median particle diameter of the positive electrode lithium supplementing material is less than or equal to 1.5 micrometers, 0.5-1.5 micrometers and/or 0.5 -1.2 micrometers (Han [11] lithium ion compound has an average particle size of 50 nm to 5 micrometers). Han discloses the average particle diameter instead of the median particle diameter, however, it is the examiner’s opinion that it would have been expected that the median particle diameter and the average particle diameter would be similar to each other considering the range taught by Han of 50 nanometers to 5 micrometers. A skilled artisan would have found it obvious given an average particle diameter lower limit being 50 nanometers and an upper limit of 5 micrometers that the median particle diameter would be within the same general area of 50 nm to 5 micrometers. Thus the range disclosed by Han would render obvious the claim limitation of the median particle diameter of 0.5- to 1.5 micrometers (claim 18), 0.5-1.2 micrometers (claim 25), and less than or equal to 1.5 micrometers (claim 28). 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).
Examiner notes the breadth of the claim and the range disclosed by the prior art. The range disclosed by the prior art would render obvious a median particle size around the average particle size taught by Han. Yuge is cited as to further enhance that the median particle size and average particle size can be the same if not similar in scope as Yuge discloses a teaching wherein the lithium complex oxide used as the positive electrode active material can have an average particle diameter of 0.1-50 micrometers and that the average particle diameter means a median particle diameter ([0059]). Thus it is determined that the range of Han of 50 nanometers to 5 micrometers would also teach a similar if not the same range for the median particle diameter and thus claims 18 ,25 and 28 are considered to be rendered obvious by the disclosure of Han absent evidentiary data of criticality between the claimed ranges.
Claims 7-8, 12, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Han (CN 110729451 A1) in view of Miki (US 2019/0372103 A1) as applied to claims 5, 10 and 14 above, and further in view of He (CN 105702913 A).
Regarding claim 7-8 and 21-22, modified Han discloses all the claim limitations of claim 5 and 14. Han discloses wherein the positive electrode lithium supplementing layer comprises a conductive agent and a binder ([42-48] coating layer on the surface of the lithium ion compound is added to improve conductivity of the material, the material containing carbon and metallic carbide on the surface; [66-70]),
wherein the binder comprises at least one of polypropylene, polyethylene, polyvinylidene fluoride, or polytetrafluoroethylene ([17] binder materials), and wherein the mass ratio of lithium supplement material to the first binder is (85-97): (3-15) (Han [17]).
Han further discloses wherein the active material contains a conductive carbon such as carbon black, carbon fiber, acetylene black, Ketjen black, graphene or a carbon nanotube, however, is silent with respect to the lithium supplementing layer further comprising a conductive agent such as at least one of carbon black, carbon fiber, acetylene black, Ketjen black, graphene or a carbon nanotube at a weight of 5-10 wt% of the lithium supplementing material.
He discloses a positive electrode containing a lithium supplementing layer in which the lithium supplementing layer is arranged between the conductive substate and the active material layer. He is analogous with the instant invention as being directed towards a positive electrode having a lithium supplementing layer. He discloses wherein the lithium supplementing layer is made of a lithium containing compound, at least one conductive agent and at least one binder ([32], [76]) wherein the conductive agent can be one or more of acetylene black, conductive carbon black, carbon fibers, carbon nanotubes, graphene, conductive graphite and provided within the range of 5-50 wt% ([20], [54], [68]).
Therefore, it would have been obvious in view of a skilled artisan to incorporate at least one conductive agent of He (such as one of conductive carbon black, carbon fiber, acetylene black, graphene, or carbon nanotubes) into the lithium supplement layer at a weight between 5-50 wt% in order to improve the conductivity of the supplement layer. A skilled artisan would have been motivated to improve the conductivity of the supplement layer because the layer would further enhance the carbon/carbide coating that is applied to the lithium containing compound of the lithium supplement layer to improve conductivity and also to provide the positive electrode with corrosion resistance as described by Han [27]. The resulting modification would disclose all the limitations of claims 7-8 and 21-22 of the positive electrode lithium supplementing material layer having a binder having a weight percentage between 3-15 and conductive material between 5-50 that overlap the claimed ranges. Thus a skilled artisan could have realized that the percentages taught can yield a ratio in which the conductive material is 5-10 wt%, the binder is 5-10 wt% and thus the supplementing material is 80-90 wt%, as taught through the modification as a skilled artisan can select the amount of materials based on the claimed ranges absent evidentiary data that yields criticality. 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).
Regarding claim 12, modified Han discloses all the claim limitations of claim 10. Han discloses two separate layers in which the active material layer and the lithium supplement layer are stacked upon each other. Han is silent with respect to the mass percentage of the lithium supplementing material layer in comparison to the active material layer. Examiner notes the interpretation of claim 12 to be that the weight of the supplementing material is 1-10 wt% when compared to the weight of the active material.
He discloses a positive electrode containing a lithium supplementing layer in which the lithium supplementing layer is arranged between the conductive substate and the active material layer. He is analogous with the instant invention as being directed towards a positive electrode having a lithium supplementing layer. He discloses in example 1 wherein the lithium supplementing layer is applied to the collector in an amount of 0.5 g while the active material layer is provided in an amount of 12 g( [93-98] lithium supplementing layer is provided at a 4.1667 wt% compared to the active material).
Therefore, it would have been obvious in view of a skilled artisan to adjust the mass of the supplement layer compared to the amount of the active material layer to a value of 4.1667 wt% as disclosed by He as a simple modification of the mass percentages. Examiner further notes that Han discloses a thickness of the supplement layer to be between 2-4 micrometers to allow for sufficient active lithium ions to be consumed by the electrode while also limiting the volumetric density of the battery ([56]). This teaching of Han along with the disclosure of He would lead a skilled artisan to adjust the weights of the active material and supplement layers.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Han (CN 110729451 A1) in view of Miki (US 2019/0372103 A1) as applied to claim 5, and further in view of Barker et al. (US 2003/0073003 A1).
Regarding claim 29, modified Han discloses all the claim limitations of claim 5. Han discloses a list of materials that can be used for the lithium supplementing material, however, is silent with respect to wherein the supplementing material can contain the specific compounds according to claim 29.
Barker discloses a cathode based active material and additives for the cathode and is analogous with the instant invention as being within the same field of endeavor of cathodes for battery cells. Barker discloses a molybdenum oxide that can be added to the positive electrode active material to provide electrodes for batteries having the formula LixMoO2 wherein x can be 0.1-2 and wherein the resulting electrode having an enhanced conductivity of the electrode (abstract, [0006, 0008, 0048]).
Therefore, it would have been obvious in view of a skilled artisan to add in the LixMoO2 taught by Barker into the lithium supplementing material of modified Han in order to enhance the conductivity of the lithium supplementing layer and resulting electrode as taught by Barker. Han discloses wherein a plurality of materials can be used and thus it would have been obvious in view of the teaching of Barker to add the LixMoO2 material into the supplementing material to increase the conductivity of the electrode and thus all the claim limitations of claim 29 are rendered obvious through the combination.
Response to Arguments
Applicant's arguments filed 01/06/2026 have been fully considered but they are not persuasive. Applicant argues that the amended claims overcome the rejection of record because Miki discloses an all solid state battery which discloses a variety of options for a cathode, however, Han discloses a lithium ion battery and thus one having ordinary skill in the art would not look to Miki’s solid state battery to modify the lithium ion battery of Han and specifically the materials listed for the cathode/supplementing materials. This argument is noted, however, is not found to be persuasive as the combination used in the rejection is to teach a material that is known in the art to be used for cathode materials and thus a skilled artisan would have been motivated to use a known cathode material as a cathode in a lithium ion battery of Han. Applicant fails to provide evidence that the cathode material of Miki and Han are incompatible with one another other than the electrolyte being different. Additionally, the references overlap material used and thus would have been expected to perform similarly as the materials appear to be obvious variants over each other in view of the teaching of Han and Miki. Examiner notes that batteries are known to have one or both of a liquid electrolyte or solid state/gel electrolyte as is conventional in the art and thus the cathode material would be expected to function similarly in a lithium ion battery or solid state battery absent evidentiary data or unexpected results and thus this argument is not persuasive. Applicant further argues that removal capacity is not inherent. This argument is noted, however, not found to be persuasive as the material claimed by applicant is the same material used in the rejection and thus the use of the same material would be expected to have the same properties and in this case the same capacity. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) MPEP 2112.01. Applicant further argues the secondary references and argues the references separately and not the combination used in the rejection. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Furthermore, applicant argues the amended claims in view of the remarks overcome the rejection of record. This argument is noted, however, the rejection has been updated taking into account the amendments to the claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728