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 .
Response to Arguments
Applicant’s arguments filed 1/30/2026 have been fully considered.
Regarding the argument that Miyamoto describes one kind of lithium-transition metal composite oxide and “the first positive electrode active material in the form of single particles has a different composition from that of the first positive electrode active material in the form of secondary particles”, the rejection below, in view of Miyamoto, has distinguished the single particles composition and secondary particles composition as two different components.
Claim Status
Claims 1-6, 9, 13, and 19-22 are under examination.
Claims 8, 10, 11, and 14 have been withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6, 9, 13, and 19-22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim recites “the first positive electrode active material in the form of single particles has a different composition from that of the first positive electrode active material in the form of secondary particles”. This limitation of having different compositions for single particle and secondary particle does not appear to have support in the written description of the instant’s specification.
Examiner notes that support for “the first positive electrode active material in the form of single particles has a different composition from that of the first positive electrode active material in the form of secondary particles” can be found in Examples 2-7 [instant specification, Table 1]. Examiner cannot find support for possession of all different compositions of single particles vs. secondary particles, only the specific materials listed in Examples 2-7.
Clarification or changes are required.
Regarding claim 1, the claim recites “the first positive electrode active material in the form of secondary particles is a lithium- nickel-cobalt-manganese composite oxide doped with Ti or Nb”. This limitation of having a lithium-nickel-cobalt-manganese composite oxide doped with Nb does not appear to have support in the examples provided in Table 1 of the instant specification. None of Examples 1-7 [instant specification, Table 1] provide support for doping the lithium metal oxide with Nb.
Clarification or changes are required.
Regarding claim 13, the claim recites “the first positive electrode active material in the form of single particles is a Ti-doped lithium-nickel-manganese-cobalt composite oxide”.
Examiner notes that support for “the first positive electrode active material in the form of single particles is a Ti-doped lithium-nickel-manganese-cobalt composite oxide” can not be found in any of the Examples of Table 1 of the specification [instant specification, Table 1].
Clarification or changes are required.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 9, 13, and 19-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites “the first layer contains a first positive electrode active material in a form of secondary particles, and a first positive electrode active material in a form of secondary particles, and a first positive electrode active material in a form of single particles”, towards the end of the claim. It is unclear as to whether “a first positive electrode active material” is the same or is different from the one described as a secondary particle and from the one described as a single particle.
Changes are required.
Regarding claim 1, the claim recites “a second layer located on a surface layer side of the positive electrode active material layer”. Located ‘on a surface layer side’ is unclear.
It is recommended to change to “a second layer located on a surface of the positive electrode active material layer”.
Changes are required.
Regarding claim 6, the claim recites “the first layer contains a first positive electrode active material in a form of secondary particles, and a first positive electrode active material in a form of secondary particles, and a first positive electrode active material in a form of single particles”, towards the end of the claim. It is unclear as to whether “a first positive electrode active material” is the same or is different from the one described as a secondary particle and from the one described as a single particle.
Changes are required.
Regarding claim 13, the claim recites that “the first positive electrode active material in the form of single particles is a Ti-doped lithium-nickel-manganese-cobalt composite oxide” however, claim 1 states that the material containing the secondary particles is a Ti-doped lithium-nickel-manganese-cobalt composite oxide. This is contradictory to one of the limitations of claim 1, because claim 1 also recites that the single particles have a different composition from that of the secondary particles.
Therefore, claim 13 contradicts claim 1.
Clarification and changes are required.
Regarding claim 19, the claim recites “the second layer contains a second positive electrode active material in a form of secondary particles, and a second positive electrode active material in a form of secondary particles, and a second positive electrode active material in a form of single particles”, towards the end of the claim. It is unclear as to whether “a second positive electrode active material” is the same or is different from the one described as a secondary particle and from the one described as a single particle.
Changes are required.
Regarding claim 20, the claim recites “the second layer contains a second positive electrode active material in a form of secondary particles, and a second positive electrode active material in a form of secondary particles, and a second positive electrode active material in a form of single particles”, towards the end of the claim. It is unclear as to whether “a second positive electrode active material” is the same or is different from the one described as a secondary particle and from the one described as a single particle.
Changes are required.
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.
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.
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 1, 3-6, 9, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US-11646404-B2) with evidence by Xiao (Xiao et al. Single Crystal Perovskite Solar Cells: Development and Perspectives, www.researchgate.net/publication/337330239 Single Crystal Perovskite Solar Cells Development and Perspectives. 2019.).
Regarding claim 1, Kim teaches positive electrode comprising (abstract, [cathode]):
a positive electrode current collector (abstract); and
a positive electrode active material layer provided on the positive electrode current collector (abstract),
wherein the positive electrode active material layer has a first layer located on the positive electrode current collector side (abstract, [first cathode active material layer] and
a second layer located on a surface layer side of the positive electrode active material layer (abstract, [second cathode active material layer])
a proportion of a thickness of the second layer to a total thickness of the first layer and the second layer is 0.20 or more and 0.80 or less (Kim, claim 13),
Regarding the specific capacity:
Kim teaches a Ti-doped NCM 811 particle in the first layer - column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant].
It would have been obvious to one having ordinary skill in the art the time of filing to utilize Ti as a dopant because there are only a list of finite dopants listed in Kim.
Kim also teaches the second cathode active material particle includes a lithium metal oxide represented by chemical formula 2-1, which may include Zr in small amounts (see M4 and subscript d), which can be considered dopant level (column 8 lines 15-26)
It would have been obvious to one having ordinary skill in the art the time of filing to choose Zr in any amount, because this would amount to only a predictable solution from finite options.
Regarding the specific capacity limitations of claim 1, the examiner notes the rejection above cites the materials disclosed by the applicant to possess these properties (see instant claims 3, 9, table 1) therefore the Kim discloses the properties claimed.
Kim teaches that the first layer contains a first positive electrode active material (column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant]), the first positive electrode active material includes the positive electrode active material in a form of secondary particles (col. 2, lines 13-14) and the first positive electrode active material in a form of single particles (col. 7, lines 28-29, [a perovskite material such as LaSrCoO3 or LaSrMnO3]).
Kim further teaches:
The first positive electrode active material in the form of secondary particles is a lithium-nickel-cobalt-manganese composite oxide doped with Ti (column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant])
The first positive electrode active material in the form of single particles has a different composition from that of the first positive electrode active material in the form of secondary particles (col. 7, lines 28-29, [a perovskite material such as LaSrCoO3 or LaSrMnO3])
Examiner notes that Xiao teaches that perovskites can be single crystals (Xiao, Introduction, [Organic–inorganic halide single crystal perovskites are free of grain boundaries and possess lower charge trap densities, better optoelectronic properties and higher stabilities than polycrystalline thin films]).
Regarding claim 3, Kim teaches the positive electrode according to claim 1, and further teaches wherein the first positive electrode active material contains a Ti-doped positive electrode active material (column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [ Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant]), and the second layer contains a Zr-doped positive electrode active material (column 2 lines 51-59 [the second cathode active material particle includes a lithium metal oxide represented by chemical formula 2-1, which may include Zr as a dopant]).
Regarding claim 4, Kim teaches the positive electrode according to claim 1, wherein the second layer contains a second positive electrode active material in a form of single particles (col.2, lines 11-12, [active material particles] [the second cathode active material particle may have a single particle structure].)
Regarding claim 5, Kim teaches the positive electrode according to claim 1, and further teaches wherein the proportion of the thickness is 0.23 or more and 0.50 or less (Kim, claim 13).
Regarding claim 6, Kim teaches a secondary battery comprising: a positive electrode, a negative electrode; (abstract) and an electrolyte (col. 11, line 42-45), wherein the positive electrode comprises: a positive electrode current collector (abstract) ; and a positive electrode active material layer provided on the positive electrode current collector (abstract) ,
the positive electrode active material layer has a first layer located on the positive electrode current collector side (abstract, [first cathode active material layer] and
a second layer located on a surface layer side of the positive electrode active material layer (abstract, [second cathode active material layer])
a proportion of a thickness of the second layer to a total thickness of the first layer and the second layer is 0.20 or more and 0.80 or less (Kim, claim 13),
Regarding the specific capacity:
Kim teaches a Ti-doped NCM 811 particle in the first layer - column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant].
It would have been obvious to one having ordinary skill in the art the time of filing to utilize Ti as a dopant because there are only a list of finite dopants listed in Kim.
Kim also teaches the second cathode active material particle includes a lithium metal oxide represented by chemical formula 2-1, which may include Zr in small amounts (see M4 and subscript d), which can be considered dopant level (column 8 lines 15-26)
It would have been obvious to one having ordinary skill in the art the time of filing to choose Zr in any amount, because this would amount to only a predictable solution from finite options.
Regarding the specific capacity limitations of claim 1, the examiner notes the rejection above cites the materials disclosed by the applicant to possess these properties (see instant claims 3, 9, table 1) therefore the Kim discloses the properties claimed.
Kim teaches that the first layer contains a first positive electrode active material (column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant]), the first positive electrode active material includes the positive electrode active material in a form of secondary particles (col. 2, lines 13-14) and the first positive electrode active material in a form of single particles (col. 7, lines 28-29, [a perovskite material such as LaSrCoO3 or LaSrMnO3]).
Kim further teaches:
The first positive electrode active material in the form of secondary particles is a lithium-nickel-cobalt-manganese composite oxide doped with Ti (column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant])
The first positive electrode active material in the form of single particles has a different composition from that of the first positive electrode active material in the form of secondary particles (col. 7, lines 28-29, [a perovskite material such as LaSrCoO3 or LaSrMnO3])
Examiner notes that Xiao teaches that perovskites can be single crystals (Xiao, Introduction, [Organic–inorganic halide single crystal perovskites are free of grain boundaries and possess lower charge trap densities, better optoelectronic properties and higher stabilities than polycrystalline thin films]).
Regarding claim 9, Kim teaches the positive electrode according to claim 2, and further teaches wherein the lithium-nickel-manganese-cobalt composite oxide is a Ti-doped lithium-nickel-manganese-cobalt composite oxide (column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant]), and the positive electrode active material in the second layer includes a Zr-doped lithium- nickel-manganese-cobalt composite oxide (column 2 lines 62-65 [the second active material particle may include nickel, cobalt, and manganese) (column 2 lines 51-59 [the second cathode active material particle includes a lithium metal oxide represented by chemical formula 2-1, which may include Zr as a dopant]).
Regarding claim 21, Kim teaches the positive electrode according to claim 1, and further teaches wherein an average maximum diameter of the first positive electrode active material in the form of single particles is 3 µm or more and 7 µm or less (Kim, col. 10, lines 7-9, [7 microns to 15 microns]).
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, 191 USPQ 90 (CCPA 1976); In re
Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US-11646404-B2) in view of Miyamoto (US 20040229124 A1).
Regarding Claim 20, Kim teaches the positive electrode according to claim 1,
wherein the second layer contains a second positive electrode active material (Kim, column 8 lines 15-26),
the second positive electrode active material includes a second positive electrode active material in a form of secondary particles (Kim, col. 7, line 49, [the second cathode active material particle may consist of single particle structures and a secondary particle structure form from aggregation]), and
a second positive electrode active material in a form of single particles (col.2, lines 11-12, [active material particles] [the second cathode active material particle may have a single particle structure]) (col. 2, chemical formula 2-1),
the second positive electrode active material is a lithium-nickel-cobalt-manganese composite oxide doped with Zr or W (Kim, col. 2, chemical formula 2-2), and
the second positive electrode active material in the form of single particles has a different composition from that of the second positive electrode active material in the form of secondary particles (Kim, col.2 , teaches that the second cathode active material includes at least one of Chemical Formula 2-1 and 2-2. Examiner notes that these lithium metal oxides can differ depending on the finite elements and molar ratios available in the description.).
Kim does not teach that the lithium-nickel-cobalt-manganese composite oxide doped with Zr or W is in the form of secondary particles.
Miyamoto, in the same field of endeavor, lithium metal composite oxides as positive electrode active materials, teaches the lithium-transition metal composite oxide may exist in a form of primary particles, secondary particles, or both primary and secondary particles (para. 00052, [the lithium-transition metal composite oxide may exist in a form of particles consisting of at least one of primary particles and secondary particles, which are aggregates of the primary particles. That is, the lithium-transition metal composite oxide may exist in a form of particles, and the particles may consist of: primary particles alone; secondary particles alone which are aggregates of the primary particles; and both primary particles and secondary particles.])
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 made Kim’s second active material represented by chemical formula 2-2, of both secondary and single particles, as taught by Miyamoto, in order to contain a layer made of particles [primary and secondary] that is uniformly dispersed, thereby providing better battery characteristics, as taught by Miyamoto (para. 0052).
Claims 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US-11646404-B2) in view of Miyamoto (US 20040229124 A1).
Regarding claim 19, Kim teaches positive electrode comprising (abstract, [cathode]):
a positive electrode current collector (abstract); and
a positive electrode active material layer provided on the positive electrode current collector (abstract),
wherein the positive electrode active material layer has a first layer located on the positive electrode current collector side (abstract, [first cathode active material layer] and
a second layer located on a surface layer side of the positive electrode active material layer (abstract, [second cathode active material layer])
a proportion of a thickness of the second layer to a total thickness of the first layer and the second layer is 0.20 or more and 0.80 or less (Kim, claim 13),
Regarding the specific capacity:
Kim teaches a Ti-doped NCM 811 particle in the first layer - column 4, lines 29-32 [the first cathode active material particle includes a lithium metal oxide represented by Chemical Formula 1, (column 6, lines 20-23 [Lithium – NCM 811]) and column 10, lines 10-13 and lines 19-21 [Ti may be inserted into the first cathode active material particle (NCM 811) as a dopant].
It would have been obvious to one having ordinary skill in the art the time of filing to utilize Ti as a dopant because there are only a list of finite dopants listed in Kim.
Kim also teaches the second cathode active material particle includes a lithium metal oxide represented by chemical formula 2-1, which may include Zr in small amounts (see M4 and subscript d), which can be considered dopant level (column 8 lines 15-26)
It would have been obvious to one having ordinary skill in the art the time of filing to choose Zr in any amount, because this would amount to only a predictable solution from finite options.
Regarding the specific capacity limitations of claim 1, the examiner notes the rejection above cites the materials disclosed by the applicant to possess these properties (see instant claims 3, 9, table 1) therefore the Kim discloses the properties claimed.
the second layer contains a second positive electrode active material (column 8 lines 15-26)
the second positive electrode active material includes a second positive electrode active material in a form of secondary particles (Kim, col. 7, line 49, [the second cathode active material particle may consist of single particle structures and a secondary particle structure form from aggregation]), and
a second positive electrode active material in a form of single particles (col.2, lines 11-12, [active material particles] [the second cathode active material particle may have a single particle structure]) (col. 2, chemical formula 2-1),
the second positive electrode active material is a lithium-nickel-cobalt-manganese composite oxide doped with Zr or W (Kim, col. 2, chemical formula 2-2), and
the second positive electrode active material in the form of single particles has a different composition from that of the second positive electrode active material in the form of secondary particles (Kim, col.2 , teaches that the second cathode active material includes at least one of Chemical Formula 2-1 and 2-2. Examiner notes that these lithium metal oxides can differ depending on the finite elements and molar ratios available in the description.).
Kim does not teach that the lithium-nickel-cobalt-manganese composite oxide doped with Zr or W is in the form of secondary particles.
Miyamoto, in the same field of endeavor, lithium metal composite oxides as positive electrode active materials, teaches the lithium-transition metal composite oxide may exist in a form of primary particles, secondary particles, or both primary and secondary particles (para. 00052, [the lithium-transition metal composite oxide may exist in a form of particles consisting of at least one of primary particles and secondary particles, which are aggregates of the primary particles. That is, the lithium-transition metal composite oxide may exist in a form of particles, and the particles may consist of: primary particles alone; secondary particles alone which are aggregates of the primary particles; and both primary particles and secondary particles.])
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 made Kim’s second active material represented by chemical formula 2-2, of both secondary and single particles, as taught by Miyamoto, in order to contain a layer made of particles [primary and secondary] that is uniformly dispersed, thereby providing better battery characteristics, as taught by Miyamoto (para. 0052).
Regarding claim 22, Kim teaches the positive electrode according to claim 19, and further teaches wherein an average maximum diameter of the second positive electrode active material in the form of single particles is 3 µm or more and 7 µm or less (Kim, col. 10, lines 4-6, [1 micron to 10 microns]).
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, 191 USPQ 90 (CCPA 1976); In re
Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US-11646404-B2) with evidence by Xiao (Xiao et al. Single Crystal Perovskite Solar Cells: Development and Perspectives, www.researchgate.net/publication/337330239 Single Crystal Perovskite Solar Cells Development and Perspectives. 2019.), and further in view of Jun et al. (Jun, Do-Wook, et al. “High-energy density core–shell structured li[Ni0.95Co0.025Mn0.025]o2 cathode for lithium-ion batteries.” Chemistry of Materials, vol. 29, no. 12, 6 June 2017, pp. 5048–5052. (Year: 2017).)
Regarding claim 2, Kim teaches the positive electrode according to claim 1, and further teaches:
wherein the second layer contains a second positive electrode active material, and (col.2, lines 4-9)
the first positive electrode active material has a lithium composite oxide having a content of Ni of 75 mol% or more with respect to metal atoms other than lithium (col. 2, lines 19-21, [ the nickel molar ratio among metals except for lithium in the first cathode active material particle may be 60% or more]) (col.2 , lines 16-18, [the second cathode active material particle may be less than that in the first cathode active material particle]). Furthermore, column 4, lines 65-66, teach that molar ration of Ni: Co: Mn in the first cathode active material may be about 8:1:1 (NCM 811)).
Kim does not teach that the second positive electrode active material has a lithium composite oxide having a content of Ni of 75 mol% or more with respect to metal atoms other than lithium.
Jun, in the same field of endeavor, batteries, teaches that the nickel content of NCM cathodes have been increased progressively to increase the energy density (pg. 5048, col. 1 [Over the years, to increase the energy density of NCM cathodes, the Ni content in the cathodes has progressively increased. For example, although Li[Ni1/3Co1/3Mn1/3]O2 typically delivers only about 160 mAh g−1 , some proposed Ni-enriched NCM cathodes, such as Li[Ni0.8Co0.1Mn0.1]O2].)
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 increased the nickel content of Kim’s second layer, to one of 80%, as taught by Jun, in order to increase the energy density of the cathode (pg. 5048, col. 1).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US-11646404-B2) with evidence by Xiao (Xiao et al. Single Crystal Perovskite Solar Cells: Development and Perspectives, www.researchgate.net/publication/337330239 Single Crystal Perovskite Solar Cells Development and Perspectives. 2019.), and further in view of Li (US 20210175511 A1).
Regarding claim 13, Kim teaches the positive electrode according to claim 1.
Kim does not teach wherein the first positive electrode active material in the form of single particles is a Ti-doped lithium-nickel-manganese-cobalt composite oxide and a content of Ni with respect to metal atoms other than lithium in the Ti-doped lithium-nickel-manganese-cobalt composite oxide is limited to 75 mol% or more.
Li, in the same field of endeavor, batteries, teaches the first positive electrode active material in the form of single particles (Li, para. 0062, [positive active substance is a single particle]) (para. 0087, the positive active substance is of a single particle morphology]) is a Ti-doped lithium-nickel-manganese-cobalt composite oxide (Li, para. 0065, [modification of the [metal oxide] with a doping element … selected from Ti …) and a content of Ni with respect to metal atoms other than lithium in the Ti-doped lithium-nickel-manganese-cobalt composite oxide is limited to 75 mol% or more (Li, para. 0065 teaches the metal oxide as LiNi0.8Co0.1Mn0.1O2 indicating nickel is 80 mol %).
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 Kim’s first electrode material by adding a Ti-doped lithium metal oxide in the form of single particles, as taught by Li, in order to obtain relatively large discharge current and discharge power under a low SOC, which can satisfy instantaneous acceleration of existing vehicles under a low SOC, as taught by Li (para. 0089).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERITA E GRANNUM whose telephone number is (571)270-1150. The examiner can normally be reached 10-5 EST / 7-2 PST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
Prosecution Insights