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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/01/2021 has been entered.
Status of Claims
Claim 1 is amended. Claims 5-7 & 12-13 are canceled. Claims 1-4, 8-11 & 14-16 are currently pending.
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.
Claims 1-4, 8-11 & 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2021/0135216 A1) in view of Ioka (US 2020/0020971 A1, as cited in the IDS on 09/10/2025), Kuroda (US 2021/0013508 A1) and Ogawa (US 2017/0288223 A1).
Regarding claims 1-4 & 8-11, Lee teaches a secondary battery comprising a battery case and an electrode assembly disposed in the battery case, wherein the electrode assembly is in a state of being impregnated with an electrolyte solution, wherein the electrode assembly comprises a positive electrode, a negative electrode, and a separator interposed between the positive electrode and the negative electrode ([0065]). Lee further teaches the positive electrode comprising a positive electrode current collector, a positive electrode mixture formed on the positive electrode current collector, wherein the positive electrode mixture comprises a lithium transition metal oxide powder represented by the claimed chemical formula 1 (where M is Mn and optionally including an element such as Al with w=0) as a positive electrode active material, a binder, and a conductive material (Tables 1-2; [0010]-[0011] & [0064]). Lee also discloses the lithium transition metal oxide powder consisting of large particles which are secondary particles, formed by aggregating primary particles, having an average particle diameter (D50) of 9 microns to 11 microns and small particles which are single particles having an average particle diameter (D50) of 4 microns to 6 microns and that are present in a form in which a primary particle is present individually and in a form in which a primary particle is aggregated with less than 10 other primary particles and a diameter of a major axis of the primary particles is 1,000 nm to 7,000 nm (Tables 1-2; [0010], [0017]-[0019], [0023]-[0024]). Lee teaches a weight ratio of the large particles to the small particles being 6:4 to 8:2 (Table 3). Lee is silent as to (1) the positive electrode mixture having a porosity of 22% to 28% and an electrode density of the positive electrode being 3.21 g/cc to 3.45 g/cc and (2) a diameter of a major axis of the primary particles constituting the large particles in the form of secondary particles being 100 nm to 500 nm. Ioka teaches a secondary battery comprising a positive electrode comprising a positive electrode mixture layer having a porosity of preferably 24% to 26% and having an electrode density of 3.2 g/cc to 3.4 g/cc, wherein the positive electrode mixture layer includes a first NCM-type active material and a second NCM-type active material with a bimodal particle size distribution ([0032]-[0047]). It would have been obvious to one ordinary skill in the art, before the effective filing date of the present invention, to form a positive electrode mixture layer having a porosity of 24% to 26% and a density of 3.2 g/cc to 3.4 g/cc in order to improve the adhesiveness between the positive electrode composite layer and the substrate and to reduce the increase in resistance more effectively as taught by Ioka ([0046]-[0047]). Kuroda teaches a secondary battery positive electrode active material comprising a lithium transition metal oxide powder in the form of single particles and secondary particles formed by aggregating a plurality of primary particles, wherein the primary particles have a diameter of a major axis being preferably from 100 nm to 500 nm ([0028], [0065]-[0068] & [0126]). It would have been obvious to one ordinary skill in the art, before the effective filing date of the present invention, to set a diameter of a major axis of the primary particles constituting Lee’s secondary particle to a range of 100 nm to 500 nm in view of reducing the resistance of the active material and improving cycle performance while improving the discharge capacity at a high current rate as taught by Kuroda ([0068]). While Lee discloses second particles which are single particles in which n2 (n2≤20) number of primary particles are aggregated ([0010] & [0019]), it is noted that one of ordinary skill in the art understands single particles to include single primary particles as well as a small number of aggregated primary particles as evidenced by Ogawa ([0029]). Thus, while Lee describes the second particles as being in an aggregated state in [0010], it would appear to be a shorthand description for the majority of the second particles which are in an aggregated state (i.e each second particle with n=2-20 is in an aggregated state). Lee also discloses that particles having n2 number of primary particles or less are referred to as single particles ([0017]). Since n2=1 is encompassed in Lee’s range of n≤20 or n≤5. Accordingly, the inclusion of a single primary particle in the single particles of Lee would have been obvious.
Regarding claim 10, Lee as modified by Ioka, Ogawa and Kuroda teaches the positive electrode of claim 1. Lee further teaches the binder being present in an amount of 5 wt% based on the total weight of the positive electrode mixture and the conductive material being present in an amount of 10 wt% based on the total weight of the positive electrode mixture ([0064]) but is silent as to the conductive material being present in an amount of 0.5 to 5% by weight. Kuroda teaches a secondary battery comprising a positive electrode including a positive electrode active material, a binder and a conductive agent, wherein the conductive agent is included in an amount of 1 wt% to 10 wt% by weight based on the total weight of the positive electrode ([0071]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use lower amounts of conductive material, which overlap with the presently claimed range of 1 wt% to 5 wt%, in Lee’s positive electrode as a means of increasing the energy density and thus the capacity through the incorporation of more active material at the expense of the conductive material.
Regarding claim 14-16, Lee as modified by Ioka, Ogawa and Kuroda teaches the positive electrode of claim 1 but is silent as to a capacity retention rate (%) at 45C that is 89% or more (claim 14), 92% or more (claim 15), 93% or more (claim 16). However, Lee as modified by Ioka, Ogawa and Kuroda teaches a positive electrode having substantially the same composition (same mass ratio of large particles and small particles with claimed composition) and structure (porosity, density and particle size of large and small particles). Accordingly, Lee’s modified positive electrode would be expected to possess the claimed properties. “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)”. See MPEP 2112.01 I & II.
Response to Arguments
Applicant's arguments filed 04/01/2026 have been fully considered but they are not persuasive. In response to Applicant’s arguments that Lee as modified by Ioka does not fairly teach or suggest the claimed invention, the examiner respectfully disagrees. Specifically, Applicant argues that Lee discloses a high-nickel NCM active material that is mixture of small single particles and large secondary particles whereas Ioka is directed to a low-nickel NCM active material consisting exclusively of small and large secondary particles with no single particles present. However, contrary to Applicant’s assertions, while Ioka’s exemplary embodiments may teach a low-nickel NCM active material, it is noted that Ioka more broadly discloses that the active material is preferably a composite metal oxide containing Ni, Mn and Co such as the above-mentioned LixNiaMnbCo(1−a−b)O2 (where a and b can each range from 0 to 1) ([0038]). Furthermore, Ioka discloses higher nickel NCM active materials (i.e 33% to 80% Ni with respect to the total content of Ni, Co and Mn) as being particularly preferably Ioka ([0039]). Moreover, contrary to Applicant’s assertions, there is no suggestion or teaching within Ioka that the small particles constitute secondary particles. Ioka does not give any description as to the morphology (i.e single particles or secondary particles) of the small and large particles. In the absence of any disclosure within Ioka as to the state of the large particles and small particles, the small and large particles cannot be assumed to be secondary particles as Applicant contends. While the Office recognizes the superior results for a particle mixture comprising small single particles and large secondary particles over a mixture of small secondary particles and large secondary particles (see Table on page of Applicant’s Remarks), it is noted that the primary reference (Lee) discloses the claimed mixture of small single particles and large secondary particles. Since Ioka is not specific as to particle morphology and further discloses a particle mixture including large particles having a substantially similar composition and average particle size (i.e with respect to the presently claimed large secondary particles) and a small particles having a substantially similar composition and average particle size to the presently claimed small single particles (i.e with respect to the presently claimed large secondary particles), one of ordinary skill in the art would expect Ioka teaching’s relating to the porosity and density of the positive electrode to translate to Lee’s positive electrode. Accordingly, Applicant’s arguments that there is no reasonable expectation of success from the combination of Lee and Ioka is not found to be persuasive. In response to Applicant’s arguments that Lee as modified by Kuroda does not fairly teach or suggest the claimed invention, the examiner respectfully disagrees. Specifically, Applicant argues that the rejection does not explain why a person of ordinary skill in the art would have selected different primary particles sizes for Lee small single particle and large particles particularly when neither Lee nor Kuroda teaches or suggests doing so. Applicant further contends that [0008] of Lee would have discourages a skilled artisan from modifying Lee by reducing the primary particle size in isolation. However, Ioka discloses the single particles having an average particle size of 0.1 microns to 7 microns with inventive embodiments using 3 microns to 4 microns ([0034] & [0060]) where the single particles are present in a form in which a primary particle is present individually and in a form in which a primary particle is aggregated with less than 5 other primary particles ([0019]). Thus, when the single particles include a small number of primary particles (i.e 3 or less which is within the disclosed range of 5 or less), a diameter of a major axis of the primary particles forming the single particle would necessarily be at least 1,000 nm since the single particles have an average particle size of 3 microns to 4 microns in the exemplary embodiments assuming that the major axis of each primary particle forming the single particle is aligned. However, when the major axis of each primary particle of the single particles is not aligned (which is the most likely arrangement of the primary particles), the diameter of a major axis of the primary particles would need to be greater than 1,000 nm in the case where the number of primary particles in the single particles is low (i.e 3 or less) and the average particle size of the single particles is 3 microns to 4 microns. In other words, when the major axis of the primary particles overlap, as would be expected from a random aggregation of the primary particles to form the single particles, the diameter of the major axis of the primary particles would necessarily be greater than 1,000 nm in order for the single particles to have an average particle size of 3 microns to 4 microns. It is noted that the number of primary particles forming the single particles can be alternatively be increased while reducing or keeping the same diameter for the major axis of the primary particles to obtain an average particle size of 3 to 4 microns for the single particles. Furthermore, there is no suggestion in Lee or Kuroda that the primary particles of the single particles and the secondary particles should have the same diameter. One of ordinary skill in the art readily understands that single particles and secondary particles are typically produced via different co-precipitation methods which results in primary particles having different diameters in the respective single particles and secondary particles. As noted in the above rejection, Kuroda renders obvious a diameter of 100 nm to 500 nm for a major axis of secondary particles in view of reducing the resistance of the active material and improving cycle performance while improving the discharge capacity at a high current rate ([0068]). Kuroda explicitly disclose the above range for the primary particles constituting the secondary particles but is silent as a diameter of the major axis of the primary particles of the single particles. However, in the case where the single particles of Kuroda are formed a small number of primary particles (i.e 1, 2 or 3), the diameter of the primary particles of the single particles would be expected to be roughly within the order of the average particle size of the single particles. As to the description in paragraph [0008] of Lee, the Office notes that Lee makes no mention of what an unduly reduced primary particle size would be. Therefore, there is no basis for Applicant’s arguments that the primary particle size of the secondary particles taught in Kuroda would be too small such that battery characteristics may be deteriorated consistent with the disclosure in [0008] of Lee.
Thus, in view of the foregoing, claims 1-4, 8-11 & 14-16 stand rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kako (US 2021/0273219 A1) teaches a secondary battery comprising a positive electrode comprising a positive electrode mixture layer having a porosity of preferably 24% to 35% and having an electrode density of 2.0 g/cc to 4.0 g/cc, wherein the positive electrode mixture layer includes a first NCM-type active material and a second NCM-type active material with a bimodal particle size distribution ([0021]-[0045], [0055] & [0058]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727