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 Amendment
The Amendment filed December 19th 2025 does not place the application in condition for allowance. Claims 1-4 remain pending in the application. Claims 5-8 were added by the Applicant. The arguments regarding Claim 1 in view of Kwak and Ishikawa has been fully considered however are not persuasive, thus the rejection is maintained. However, upon further consideration, a new rejection is made in view of Li et al. “Understanding the trace Ti surface doping on promoting the low temperature performance of LiNi1/3Co1/3Mn1/3O2 cathode” and Lim et al. US 2016/0293951 A1. Additionally, new rejections follow to address the new claims.
Claim Rejections - 35 USC § 112
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 1-8 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.
Claim 1 was amended to recite “and b represents a molar ratio of each of M”. Examiner notes that “M” represents two or more elements, and thus is it unclear how b is meant to represent the molar ratio of “M” when “M” is two or more elements. More specifically, it is unclear what the ratio of the two elements represented by “M” should be because they share the subscript “b”. Appropriate correction is required.
Claims 2-4, as they depend from Claim 1, are indefinite for the same reasons.
Similarly, Claim 5 recites “and b represents a molar ratio of each of M”. Examiner notes that “M” represents two or more elements, and thus is it unclear how b is meant to represent the molar ratio of “M” when “M” is two or more elements. More specifically, it is unclear what the ratio of the two elements represented by “M” should be because they share the subscript “b”. Appropriate correction is required.
Claims 6-8, as the depend from Claim 5, are indefinite for the same reasons.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. US 9,960,418 B2, and further in view of Ishikawa et al. US 2019/0036106 A1.
Regarding Claim 1, Kwak discloses a positive electrode active material for a lithium secondary battery [Column 4 Lines 15-16] comprising a lithium transitional metal oxide [Column 4 Lines 16-17]. Kwak discloses that the lithium transitional metal oxide comprises the formula Li1+aNi1-b-cMnbCocM’sM”vO2 [Chemical Formula 1] wherein M’ can be Sr and M” can be Ti [Column 7 Lines 45-51]. Kwak discloses that 0≤a<0.2, 0≤b≤1.0, 0≤c≤1.0, 0≤s≤0.2, and 0≤v≤0.2 [Column 7 Line 51].
Thus Kwak’s formula reads on the claimed subscripts as follows:
Li1+aNi1-b-cMnbCocSrsTivO2
0≤a<0.2 results in a molar ratio of Li of 1-1.2, which overlaps with the claimed range for “x”
0≤b≤1.0 overlaps with the claimed range for “y”
0≤c≤1.0 overlaps with the claimed range for “b”
0≤b≤1.0 and 0≤c≤1.0 results in a molar ratio of Ni of 0-1, which overlaps with the claimed range for “z”
M’ is Sr and 0≤s≤0.2 which overlaps with the claimed range for “a”
M’’ is Ti and 0≤v≤0.2 which overlaps with the claimed range for “b”
Kwak fails to disclose that the lithium transition metal composite oxide comprises fluorine with a molar ratio (c) of 0-0.1, and fails to disclose a molar ratio of O that meets the limitations of the claim.
Ishikawa discloses, in a first embodiment, a positive electrode active material [0011] comprising a lithium transition metal composite oxide (a lithium composite oxide [0011]). In the second embodiment of the disclosure, Ishikawa discloses that the positive electrode active material is for nonaqueous electrolyte secondary batteries [0203]. Ishikawa discloses that the lithium transition metal composite oxide has the formula (Formula 2 [0092]) LixMeyOαQβ wherein Q is fluorine (F), 1.67≤α≤2, and 0≤β≤0.33 [0122-0127]. Thus, Ishikawa discloses a lithium transition metal composite oxide for a positive electrode active material containing fluorine in a molar ratio (β) of 0-0.33, which overlaps with the claimed range for “c” in Claim 1.
Ishikawa discloses that a lithium transition metal composite oxide comprising fluorine has a crystal structure with improved stability due to replacing oxygen with the fluorine anion [0125]. Ishikawa discloses that replacing oxygen with the fluorine anion improves diffusion of Li ions due to the large ionic radius of the anion [0125].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to modify the lithium transition metal composite oxide of Kwak by replacing some of the oxygen with the fluorine anion of Ishikawa to achieve a battery with improved stability and increased Li ion diffusion.
Thus modified Kwak’s formula reads on the claimed subscripts as follows:
Li1+aNi1-b-cMnbCocSrsTivOαFβ wherein
the molar ratio of F is 0≤β≤0.33, which overlaps with the claimed range for “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 2, Kwak discloses that the composition formula has both Co and Ti [Column 7 Lines 45-51]. Kwak discloses that Co has a molar ratio (c) of 0.0-1.0 and Ti has a molar ratio (v) of 0.0-0.2 [Column 7 Line 51]. Thus modified Kwak discloses that the composition has the formula LixMnyNizSraMbO2-cFc where the molar ratio (b) of each M, comprising Co and Ti, is in the range of 0<b<0.02.
Regarding Claim 3, Kwak discloses that the composition formula has Sr (M’) having a molar ratio (s) of 0-0.2 [Column 7 Line 51]. Thus, modified Kwak discloses that the composition has the formula LixMnyNizSraMbO2-cFc where the molar ratio (a) of Sr is 0.002≤a≤0.005. In regards to the molar ratio of Sr, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Kwak because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding Claim 4, Kwak discloses a secondary battery using the positive electrode active material of Claim 1 (cathode material) [Column 2 Line 46-47]. Kwak discloses that the battery comprises the positive electrode (the cathode), a negative electrode (an anode), and a separator disposed between the positive electrode and the negative electrode [Column 11 Lines 4-6]. Kwak discloses that the battery further comprises an electrolyte [Column 11 Line 53], more specifically a nonaqueous electrolyte [Column 14 Lines 5-6], thus Kwak discloses a non-aqueous electrolyte secondary battery.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. US 9,960,418 B2, and further in view of Li et al. “Understanding the trace Ti surface doping on promoting the low temperature performance of LiNi1/3Co1/3Mn1/3O2 cathode”, Lim et al. US 2016/0293951 A1, and Ishikawa et al. US 2019/0036106 A1.
Regarding Claim 1, Kwak discloses a positive electrode active material for a lithium secondary battery [Column 4 Lines 15-16] comprising a lithium transitional metal oxide [Column 4 Lines 16-17]. Kwak discloses that the lithium transitional metal oxide comprises the formula Li1+aNi1-b-cMnbCocM’sM”vO2 [Chemical Formula 1] wherein M’ can be Sr and M” can be Ti [Column 7 Lines 45-51]. Kwak discloses that 0≤a<0.2, 0≤b≤1.0, 0≤c≤1.0, 0≤s≤0.2, and 0≤v≤0.2 [Column 7 Line 51].
Additionally, Li et al. discloses that choosing titanium as a dopant for an NMC cathode material (having the general formula LiNiCoMnO, similar to that of Kwak) enhances discharge capacity at low temperatures and overall low temperature performance of NMC [Page 7 Left Column Line 1 – Page 8 Line 2].
Similarly, Lim discloses that doping an NMC oxide with Sr improves the structural stability of the positive electrode active material and reduces the natural loss of lithium cations, thereby improving the structural stability of the overall secondary battery during charging/discharging and reducing the swelling, which improves the life characteristics of the battery [0041].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select Sr and Ti from the limited list of elements as disclosed by Kwak, further supported by Li and Lim, as the elements M’ and M’’ respectively in the above formula for the benefits of enhanced low temperature properties such as discharge capacity (as suggested by Li for selecting Ti), and improved structural stability and reduced swelling of a battery which improves the life characteristics of the battery (as suggested by Lim for selecting Sr).
Thus modified Kwak’s formula reads on the claimed subscripts as follows:
Li1+aNi1-b-cMnbCocSrsTivO2
0≤a<0.2 results in a molar ratio of Li of 1-1.2, which overlaps with the claimed range for “x”
0≤b≤1.0 overlaps with the claimed range for “y”
0≤c≤1.0 overlaps with the claimed range for “b”
0≤b≤1.0 and 0≤c≤1.0 results in a molar ratio of Ni of 0-1, which overlaps with the claimed range for “z”
M’ is Sr and 0≤s≤0.2 which overlaps with the claimed range for “a”
M’’ is Ti and 0≤v≤0.2 which overlaps with the claimed range for “b”
Modified Kwak fails to disclose that the lithium transition metal composite oxide comprises fluorine with a molar ratio (c) of 0-0.1, and fails to disclose a molar ratio of O that meets the limitations of the claim.
Ishikawa discloses, in a first embodiment, a positive electrode active material [0011] comprising a lithium transition metal composite oxide (a lithium composite oxide [0011]). In the second embodiment of the disclosure, Ishikawa discloses that the positive electrode active material is for nonaqueous electrolyte secondary batteries [0203]. Ishikawa discloses that the lithium transition metal composite oxide has the formula (Formula 2 [0092]) LixMeyOαQβ wherein Q is fluorine (F), 1.67≤α≤2, and 0≤β≤0.33 [0122-0127]. Thus, Ishikawa discloses a lithium transition metal composite oxide for a positive electrode active material containing fluorine in a molar ratio (β) of 0-0.33, which overlaps with the claimed range for “c” in Claim 1.
Ishikawa discloses that a lithium transition metal composite oxide comprising fluorine has a crystal structure with improved stability due to replacing oxygen with the fluorine anion [0125]. Ishikawa discloses that replacing oxygen with the fluorine anion improves diffusion of Li ions due to the large ionic radius of the anion [0125].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to modify the lithium transition metal composite oxide of modified Kwak by replacing some of the oxygen with the fluorine anion of Ishikawa to achieve a battery with improved stability and increased Li ion diffusion.
Thus modified Kwak’s formula reads on the claimed subscripts as follows:
Li1+aNi1-b-cMnbCocSrsTivOαFβ wherein
the molar ratio of F is 0≤β≤0.33, which overlaps with the claimed range for “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 2, Kwak discloses that the composition formula has both Co and Ti [Column 7 Lines 45-51]. Kwak discloses that Co has a molar ratio (c) of 0.0-1.0 and Ti has a molar ratio (v) of 0.0-0.2 [Column 7 Line 51]. Thus modified Kwak discloses that the composition has the formula LixMnyNizSraMbO2-cFc where the molar ratio (b) of each M, comprising Co and Ti, is in the range of 0<b<0.02 respectively.
Regarding Claim 3, Kwak discloses that the composition formula has Sr (M’) having a molar ratio (s) of 0-0.2 [Column 7 Line 51]. Thus, modified Kwak discloses that the composition has the formula LixMnyNizSraMbO2-cFc where the molar ratio (a) of Sr is 0.002≤a≤0.005. In regards to the molar ratio of Sr, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Kwak because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding Claim 4, Kwak discloses a secondary battery using the positive electrode active material of Claim 1 (cathode material) [Column 2 Line 46-47]. Kwak discloses that the battery comprises the positive electrode (the cathode), a negative electrode (an anode), and a separator disposed between the positive electrode and the negative electrode [Column 11 Lines 4-6]. Kwak discloses that the battery further comprises an electrolyte [Column 11 Line 53], more specifically a nonaqueous electrolyte [Column 14 Lines 5-6], thus Kwak discloses a non-aqueous electrolyte secondary battery.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. US 2016/0172679 A1, and further in view of Kim et al. “Quaternary Layered Ni-Rich NCMA Cathode for Lithium-Ion Batteries”, Lim et al. US 2016/0293951 A1, and Ishikawa et al. US 2019/0036106 A1.
Regarding Claim 1, Han discloses a positive electrode active material (positive electrode composition for a lithium battery) [0012] that comprises a lithium nickel cobalt manganese based oxide or a lithium nickel cobalt aluminum based oxide, among others [0024]. Further, Han discloses more specifically that the positive electrode active material has the formula LiaNibCocMndGeO2 wherein 0.90≦a≦1.8, 0≦b≦0.9, 0≦c≦0.5, 0≦d≦0.5 and 0.001≦e≦0.1 [0051] and G can be Al or Sr or a combination thereof [0052]. Han’s formula reads on the claimed subscripts as follows:
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
0.001≤e≤0.1 overlaps with the claimed range for “b”
Thus, Han discloses that the positive electrode active material comprises a lithium transition metal composite oxide including Li, Ni, Mn, and O as well as Co, as shown in the formula [0051], and is open to further comprising Al or Sr or a combination thereof [0052], that reads on the claimed subscripts x, y, z, and b.
Although Han is open to including Al and/or Sr as component “G” in the above mentioned formula, Han fails to specifically disclose an embodiment wherein the lithium transition metal composite oxide comprises Al and Sr, and fails to disclose that the lithium transition metal oxide comprises O and additionally F in the molar ratios as claimed.
Regarding the inclusion of Al in the lithium transition metal composite oxide, Kim discloses a lithium transition metal oxide for a battery cathode comprising Li, Ni, Co, Mn, Al, & O (referred to as “NCMA”) [Abstract]. Kim discloses including Al in a molar ratio of 0.01 [Abstract, Page 2 Lines 1-3], similar to the molar ratio “e” of “G” above as mentioned by Kim wherein “G” can be Al [Han 0051-0052].
Kim discloses that doping an NCM cathode with Al improves the cycling stability [Page 1 Right Column Lines 16-17], and further has superior performance compared to NCM cathodes [Page 1 Left Column Lines 3-7]. Kim additionally discloses that the structural stability gained by Al-doping of an NMC cathode improves the thermal stability of the cathode which improves the safety of the battery [Page 6 Left Column Lines 31-33].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the NCM of Han to further include Al in an amount of 0.01 as suggested by Kim, and as supported by Han’s disclosure [0050-0052], for the benefits of improved cycling and thermal stability for an overall safer battery.
Thus, modified Han discloses a lithium transition metal oxide that further includes Al in an amount of 0.01, which meets the claim limitations wherein “M” is Co [Han 0050] and Al (as modified by Kim) and subscript “b” (molar ratio of each M) is 0.01 (as modified by Kim). Modified Han therefore has the formula as follows:
LiaNibCocMndAl0.01O2
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
Regarding the inclusion of Sr in the lithium transition metal composite oxide, Lim discloses a lithium transition metal oxide used for a positive electrode active material in a lithium battery [0015-0017]. Lim discloses that the lithium transition metal oxide has the formula LixNiaMbAwO2-yDy [0019-0023] wherein
M is at least one of Mn, Co, Cr, Fe, V, and Zr,
A is an alkaline earth metal with an oxidation number of +2,
D is one of S, N, F, Cl, Br, I, and P
And 1.0≤x≤1.2, 0.5≤a≤1, 0<b≤0.5, 0≤y<0.2, 0<w≤0.3, and 2≤x+a+b+w≤2.2
Lim further discloses that M is preferably Mnb1Cob2 wherein 0<b1+b2≤0.5 [0038], similarly to the parent NMC oxide of Han as mentioned above, and A is preferably Sr [0042]. As mentioned above, Lim discloses that Sr is included in an amount of 0<w≤0.3 [0035]. Thus, Lim discloses that the lithium transition metal oxide has the formula LixNiaMnb1Cob2SrwO2-yDy, wherein 0<w≤0.3 and D can be F, which is similar to the claimed formula.
Lim discloses that doping an NMC oxide with Sr improves the structural stability of the positive electrode active material and reduces the natural loss of lithium cations, thereby improving the structural stability of the overall secondary battery during charging/discharging and reducing the swelling, which improves the life characteristics of the battery [0041].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the lithium transition metal oxide of modified Han (as modified by Kim for the inclusion of Al above) to be further doped with Sr as suggested by Lim, and as further supported Han’s disclosure [0050-0052], for the benefit of improved structural stability during charging/discharging and reduced swelling, as well as overall improved life characteristics of the battery.
Thus, modified Han discloses that the lithium transition metal oxide further includes Sr in an amount of 0-0.3, which reads on the claim limitations of the claimed formula including Sr (as modified by Lim) and subscript “a” (molar ratio of Sr) is 0-0.3 (as modified by Lim) which overlaps the claimed range of 0-0.01.
Modified Han therefore has the formula as follows:
LiaNibCocMndAl0.01SrwO2
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
Regarding the inclusion of F in the lithium transition metal composite oxide and the molar ratio of O, Ishikawa discloses, in a first embodiment, a positive electrode active material [0011] comprising a lithium transition metal composite oxide (a lithium composite oxide [0011]). In the second embodiment of the disclosure, Ishikawa discloses that the positive electrode active material is for nonaqueous electrolyte secondary batteries [0203]. Ishikawa discloses that the lithium transition metal composite oxide has the formula (Formula 2 [0092]) LixMeyOαQβ wherein Q is fluorine (F), 1.67≤α≤2, and 0≤β≤0.33 [0122-0127]. Thus, Ishikawa discloses a lithium transition metal composite oxide for a positive electrode active material containing fluorine in a molar ratio (β) of 0-0.33, which overlaps with the claimed range of molar ratio (c).
Ishikawa discloses that a lithium transition metal composite oxide comprising fluorine has a crystal structure with improved stability due to replacing oxygen with the fluorine anion [0125]. Ishikawa discloses that replacing oxygen with the fluorine anion improves diffusion of Li ions due to the large ionic radius of the anion [0125].
Additionally, Lim also discloses that, while no specific embodiment includes specifically F as the anion (“D” in the formula above), substituting O with an anion (such as F) increases bonding strength of transition metals and prevents structural transition in the positive electrode active material, which leads to improved characteristics of the battery [0044].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to modify the lithium transition metal composite oxide of modified Han to replace some of the oxygen with the fluorine anion of Ishikawa, as further supported by Lim, to achieve a battery with improved stability and increased Li ion diffusion as disclosed by Ishikawa as well as increased bonding strength to prevent structural transition in the positive electrode active material, leading to improved battery characteristics as disclosed by Lim.
Thus, modified Han discloses that the lithium transition metal oxide further includes F in an amount of 0-0.33, which reads on the claim limitations of the claimed formula including F (as modified by Ishikawa and Lim) and subscript “c” (molar ratio of F) is 0-0.33 (as modified by Ishikawa) which overlaps with the claimed range of 0-0.1.
Thus, modified Han discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al and which reads on the claim as follows:
LiaNibCocMndAl0.01SrwOαFβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 2, as mentioned above with regards to Claim 1, modified Han discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al, the molar ratio of Co “c” is 0≤c≤0.5 which overlaps with the claimed range for “b”, and the molar ratio of Al is 0.01 which falls within the claimed range for “b”
LiaNibCocMndAl0.01SrwOαFβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 3, as mentioned above with regards to Claim 1, modified Han discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein the molar ratio of Sr “w” is 0<w≤0.3 which overlaps with the claimed range for “a”.
LiaNibCocMndAl0.01SrwOαFβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 4, modified Han discloses a secondary (rechargeable) lithium battery [0066] comprising a positive electrode, a negative electrode, and a separator between the positive and negative electrodes comprising an electrolyte [0068], wherein the positive electrode comprises the positive electrode active material as mentioned above [0069]. Han further discloses that the electrolyte is a nonaqueous electrolyte [0082], thus Han discloses a nonaqueous secondary battery (rechargeable lithium battery with a nonaqueous electrolyte).
Regarding Claim 5, similarly to Claim 1 as addressed above, Han discloses a positive electrode active material (positive electrode composition for a lithium battery) [0012] that comprises a lithium nickel cobalt manganese based oxide or a lithium nickel cobalt aluminum based oxide, among others [0024]. Further, Han discloses more specifically that the positive electrode active material has the formula LiaNibCocMndGeO2 wherein 0.90≦a≦1.8, 0≦b≦0.9, 0≦c≦0.5, 0≦d≦0.5 and 0.001≦e≦0.1 [0051] and G can be Al or Sr or a combination thereof [0052]. Han’s formula reads on the claimed subscripts as follows:
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
0.001≤e≤0.1 overlaps with the claimed range for “b”
Thus, Han discloses that the positive electrode active material comprises a lithium transition metal composite oxide including Li, Ni, Mn, and O as well as Co, as shown in the formula [0051], and is open to further comprising Al or Sr or a combination thereof [0052], that reads on the claimed subscripts x, y, z, and b.
Although Han is open to including Al and/or Sr as component “G” in the above mentioned formula, Han fails to specifically disclose an embodiment wherein the lithium transition metal composite oxide comprises Al and Sr, and fails to disclose that the lithium transition metal oxide comprises O and additionally F in the molar ratios as claimed.
Regarding the inclusion of Al in the lithium transition metal composite oxide, Kim discloses a lithium transition metal oxide for a battery cathode comprising Li, Ni, Co, Mn, Al, & O (referred to as “NCMA”) [Abstract]. Kim discloses including Al in a molar ratio of 0.01 [Abstract, Page 2 Lines 1-3], similar to the molar ratio “e” of “G” above as mentioned by Kim wherein “G” can be Al [Han 0051-0052].
Kim discloses that doping an NCM cathode with Al improves the cycling stability [Page 1 Right Column Lines 16-17], and further has superior performance compared to NCM cathodes [Page 1 Left Column Lines 3-7]. Kim additionally discloses that the structural stability gained by Al-doping of an NMC cathode improves the thermal stability of the cathode which improves the safety of the battery [Page 6 Left Column Lines 31-33].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the NCM of Han to further include Al in an amount of 0.01 as suggested by Kim, and as supported by Han’s disclosure [0050-0052], for the benefits of improved cycling and thermal stability for an overall safer battery.
Thus, modified Han discloses a lithium transition metal oxide that further includes Al in an amount of 0.01, which meets the claim limitations wherein “M” is Co [Han 0050] and Al (as modified by Kim) and subscript “b” (molar ratio of each M) is 0.01 (as modified by Kim). Modified Han therefore has the formula as follows:
LiaNibCocMndAl0.01O2
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
Regarding the inclusion of Sr in the lithium transition metal composite oxide, Lim discloses a lithium transition metal oxide used for a positive electrode active material in a lithium battery [0015-0017]. Lim discloses that the lithium transition metal oxide has the formula LixNiaMbAwO2-yDy [0019-0023] wherein
M is at least one of Mn, Co, Cr, Fe, V, and Zr,
A is an alkaline earth metal with an oxidation number of +2,
D is one of S, N, F, Cl, Br, I, and P
And 1.0≤x≤1.2, 0.5≤a≤1, 0<b≤0.5, 0≤y<0.2, 0<w≤0.3, and 2≤x+a+b+w≤2.2
Lim further discloses that M is preferably Mnb1Cob2 wherein 0<b1+b2≤0.5 [0038], similarly to the parent NMC oxide of Han as mentioned above, and A is preferably Sr [0042]. As mentioned above, Lim discloses that Sr is included in an amount of 0<w≤0.3 [0035]. Thus, Lim discloses that the lithium transition metal oxide has the formula LixNiaMnb1Cob2SrwO2-yDy, wherein 0<w≤0.3 and D can be F, which is similar to the claimed formula.
Lim discloses that doping an NMC oxide with Sr improves the structural stability of the positive electrode active material and reduces the natural loss of lithium cations, thereby improving the structural stability of the overall secondary battery during charging/discharging and reducing the swelling, which improves the life characteristics of the battery [0041].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the lithium transition metal oxide of modified Han (as modified by Kim for the inclusion of Al above) to be further doped with Sr as suggested by Lim, and as further supported Han’s disclosure [0050-0052], for the benefit of improved structural stability during charging/discharging and reduced swelling, as well as overall improved life characteristics of the battery.
Thus, modified Han discloses that the lithium transition metal oxide further includes Sr in an amount of 0-0.3, which reads on the claim limitations of the claimed formula including Sr (as modified by Lim) and subscript “a” (molar ratio of Sr) is 0-0.3 (as modified by Lim) which overlaps the claimed range of 0-0.01.
Modified Han therefore has the formula as follows:
LiaNibCocMndAl0.01SrwO2
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
Regarding the inclusion of F in the lithium transition metal composite oxide and the molar ratio of O, Ishikawa discloses, in a first embodiment, a positive electrode active material [0011] comprising a lithium transition metal composite oxide (a lithium composite oxide [0011]). In the second embodiment of the disclosure, Ishikawa discloses that the positive electrode active material is for nonaqueous electrolyte secondary batteries [0203]. Ishikawa discloses that the lithium transition metal composite oxide has the formula (Formula 2 [0092]) LixMeyOαQβ wherein Q is fluorine (F), 1.67≤α≤2, and 0≤β≤0.33 [0122-0127]. Thus, Ishikawa discloses a lithium transition metal composite oxide for a positive electrode active material containing fluorine in a molar ratio (β) of 0-0.33, which overlaps with the claimed range of molar ratio (c).
Ishikawa discloses that a lithium transition metal composite oxide comprising fluorine has a crystal structure with improved stability due to replacing oxygen with the fluorine anion [0125]. Ishikawa discloses that replacing oxygen with the fluorine anion improves diffusion of Li ions due to the large ionic radius of the anion [0125].
Additionally, Lim also discloses that, while no specific embodiment includes specifically F as the anion (“D” in the formula above), substituting O with an anion (such as F) increases bonding strength of transition metals and prevents structural transition in the positive electrode active material, which leads to improved characteristics of the battery [0044].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to modify the lithium transition metal composite oxide of modified Han to replace some of the oxygen with the fluorine anion of Ishikawa, as further supported by Lim, to achieve a battery with improved stability and increased Li ion diffusion as disclosed by Ishikawa as well as increased bonding strength to prevent structural transition in the positive electrode active material, leading to improved battery characteristics as disclosed by Lim.
Thus, modified Han discloses that the lithium transition metal oxide further includes F in an amount of 0-0.33, which reads on the claim limitations of the claimed formula including F (as modified by Ishikawa and Lim) and subscript “c” (molar ratio of F) is 0-0.33 (as modified by Ishikawa) which overlaps with the claimed range of 0-0.1.
Thus, modified Han discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al and which reads on the claim as follows:
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤c≤0.5 overlaps with the claimed range for “b”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 6, as mentioned above with regards to Claim 5, modified Han discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al, the molar ratio of Co “c” is 0≤c≤0.5 which overlaps with the claimed range for “b”, and the molar ratio of Al is 0.01 which falls within the claimed range for “b”
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 7, as mentioned above with regards to Claim 5, modified Han discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein the molar ratio of Sr “w” is 0<w≤0.3 which overlaps with the claimed range for “a”.
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 8, modified Han discloses a secondary (rechargeable) lithium battery [0066] comprising a positive electrode, a negative electrode, and a separator between the positive and negative electrodes comprising an electrolyte [0068], wherein the positive electrode comprises the positive electrode active material as mentioned above [0069]. Han further discloses that the electrolyte is a nonaqueous electrolyte [0082], thus Han discloses a nonaqueous secondary battery (rechargeable lithium battery with a nonaqueous electrolyte).
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. US 2014/0322605 A1, and further in view of Kim et al. “Quaternary Layered Ni-Rich NCMA Cathode for Lithium-Ion Batteries”, Lim et al. US 2016/0293951 A1, and Ishikawa et al. US 2019/0036106 A1.
Regarding Claim 1, Oh discloses a positive electrode active material (cathode active material) [0028] for a lithium battery [0024]. Oh discloses that the positive electrode active material comprises a lithium transition metal oxide [0035], more specifically the lithium transition metal oxide is NMC: Li1+aNixMnyCozO2 [0037] wherein 0≤a≤0.5, 0<x<1, 0<y≤0.5, 0<z≤0.3, and x+y+z=1 [0038-0042], which reads on the claimed formula and subscripts as follows:
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
“M” is Co and 0<z≤0.3 overlaps with the claimed range for “b”
Oh further discloses that the NMC lithium transition metal oxide can further be doped with one or more other elements such as Sr, Ti, and Al [0036].
Thus, Oh discloses that the positive electrode active material comprises a lithium transition metal composite oxide including Li, Ni, Mn, and O as well as Co, as shown in the formula [0037], and is open to further comprising Al, Ti, or Sr or a combination thereof [0036], that reads on the claimed subscripts x, y, z, and b as mentioned above.
Although Oh is open to including Al, Ti, and/or Sr as component a doping element as mentioned, Oh fails to specifically disclose an embodiment wherein the lithium transition metal composite oxide comprises Sr and Al or Ti, and fails to disclose that the lithium transition metal oxide comprises O and additionally F in the molar ratios as claimed.
Regarding the inclusion of Al in the lithium transition metal composite oxide, Kim discloses a lithium transition metal oxide for a battery cathode comprising Li, Ni, Co, Mn, Al, & O (referred to as “NCMA”) [Abstract]. Kim discloses including Al in a molar ratio of 0.01 [Abstract, Page 2 Lines 1-3].
Kim discloses that doping an NCM cathode with Al improves the cycling stability [Page 1 Right Column Lines 16-17], and further has superior performance compared to NCM cathodes [Page 1 Left Column Lines 3-7]. Kim additionally discloses that the structural stability gained by Al-doping of an NMC cathode improves the thermal stability of the cathode which improves the safety of the battery [Page 6 Left Column Lines 31-33].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the NMC of Oh to further include Al in an amount of 0.01 as suggested by Kim for the benefits of improved cycling and thermal stability for an overall safer battery.
Thus, modified Oh discloses a lithium transition metal oxide that further includes Al in an amount of 0.01, which meets the claim limitations wherein “M” is Co [Oh 0037] and Al (as modified by Kim) and subscript “b” (molar ratio of each M) is 0.01 (as modified by Kim). Modified Oh therefore has the formula as follows:
Li1+aNixMnyCozAl0.01O2
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
0<z≤0.3 overlaps with the claimed range for “b”
Al molar ratio is 0.01 which falls within the claimed range for “b”
Regarding the inclusion of Sr in the lithium transition metal composite oxide, Lim discloses a lithium transition metal oxide used for a positive electrode active material in a lithium battery [0015-0017]. Lim discloses that the lithium transition metal oxide has the formula LixNiaMbAwO2-yDy [0019-0023] wherein
M is at least one of Mn, Co, Cr, Fe, V, and Zr,
A is an alkaline earth metal with an oxidation number of +2,
D is one of S, N, F, Cl, Br, I, and P
And 1.0≤x≤1.2, 0.5≤a≤1, 0<b≤0.5, 0≤y<0.2, 0<w≤0.3, and 2≤x+a+b+w≤2.2
Lim further discloses that M is preferably Mnb1Cob2 wherein 0<b1+b2≤0.5 [0038], similarly to the parent NMC oxide of Oh as mentioned above, and A is preferably Sr [0042]. As mentioned above, Lim discloses that Sr is included in an amount of 0<w≤0.3 [0035]. Thus, Lim discloses that the lithium transition metal oxide has the formula LixNiaMnb1Cob2SrwO2-yDy, wherein 0<w≤0.3 and D can be F, which is similar to the claimed formula.
Lim discloses that doping an NMC oxide with Sr improves the structural stability of the positive electrode active material and reduces the natural loss of lithium cations, thereby improving the structural stability of the overall secondary battery during charging/discharging and reducing the swelling, which improves the life characteristics of the battery [0041].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the lithium transition metal oxide of modified Oh (as modified by Kim for the inclusion of Al above) to be further doped with Sr as suggested by Lim for the benefit of improved structural stability during charging/discharging and reduced swelling, as well as overall improved life characteristics of the battery.
Thus, modified Oh discloses that the lithium transition metal oxide further includes Sr in an amount of 0-0.3, which reads on the claim limitations of the claimed formula including Sr (as modified by Lim) and subscript “a” (molar ratio of Sr) is 0-0.3 (as modified by Lim) which overlaps the claimed range of 0-0.01.
Modified Oh therefore has the formula as follows:
Li1+aNixMnyCozAl0.01SrwO2
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
0<z≤0.3 overlaps with the claimed range for “b”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
Regarding the inclusion of F in the lithium transition metal composite oxide and the molar ratio of O, Ishikawa discloses, in a first embodiment, a positive electrode active material [0011] comprising a lithium transition metal composite oxide (a lithium composite oxide [0011]). In the second embodiment of the disclosure, Ishikawa discloses that the positive electrode active material is for nonaqueous electrolyte secondary batteries [0203]. Ishikawa discloses that the lithium transition metal composite oxide has the formula (Formula 2 [0092]) LixMeyOαQβ wherein Q is fluorine (F), 1.67≤α≤2, and 0≤β≤0.33 [0122-0127]. Thus, Ishikawa discloses a lithium transition metal composite oxide for a positive electrode active material containing fluorine in a molar ratio (β) of 0-0.33, which overlaps with the claimed range of molar ratio (c).
Ishikawa discloses that a lithium transition metal composite oxide comprising fluorine has a crystal structure with improved stability due to replacing oxygen with the fluorine anion [0125]. Ishikawa discloses that replacing oxygen with the fluorine anion improves diffusion of Li ions due to the large ionic radius of the anion [0125].
Additionally, Lim also discloses that, while no specific embodiment includes specifically F as the anion (“D” in the formula above), substituting O with an anion (such as F) increases bonding strength of transition metals and prevents structural transition in the positive electrode active material, which leads to improved characteristics of the battery [0044].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to modify the lithium transition metal composite oxide of modified Oh to replace some of the oxygen with the fluorine anion of Ishikawa, as further supported by Lim, to achieve a battery with improved stability and increased Li ion diffusion as disclosed by Ishikawa as well as increased bonding strength to prevent structural transition in the positive electrode active material, leading to improved battery characteristics as disclosed by Lim.
Thus, modified Oh discloses that the lithium transition metal oxide further includes F in an amount of 0-0.33, which reads on the claim limitations of the claimed formula including F (as modified by Ishikawa and Lim) and subscript “c” (molar ratio of F) is 0-0.33 (as modified by Ishikawa) which overlaps with the claimed range of 0-0.1.
Thus, modified Oh discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al and which reads on the claim as follows:
Li1+aNixMnyCozAl0.01SrwOαQβ
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
0<z≤0.3 overlaps with the claimed range for “b”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 2, as mentioned above with regards to Claim 1, modified Oh discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al, the molar ratio of Co “c” is 0≤c≤0.5 which overlaps with the claimed range for “b”, and the molar ratio of Al is 0.01 which falls within the claimed range for “b”
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 3, as mentioned above with regards to Claim 1, modified Oh discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein the molar ratio of Sr “w” is 0<w≤0.3 which overlaps with the claimed range for “a”.
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 4, modified Oh discloses a secondary lithium battery [0079] comprising a positive electrode (cathode), a negative electrode (anode), and a separator between the positive and negative electrodes comprising an electrolyte [0080], wherein the positive electrode comprises the positive electrode active material as mentioned above [0079]. Oh further discloses that the electrolyte is a nonaqueous electrolyte [0082], thus Oh discloses a nonaqueous secondary battery (secondary lithium battery with a nonaqueous electrolyte).
Regarding Claim 5, similarly to Claim 1 addressed above, Oh discloses a positive electrode active material (cathode active material) [0028] for a lithium battery [0024]. Oh discloses that the positive electrode active material comprises a lithium transition metal oxide [0035], more specifically the lithium transition metal oxide is NMC: Li1+aNixMnyCozO2 [0037] wherein 0≤a≤0.5, 0<x<1, 0<y≤0.5, 0<z≤0.3, and x+y+z=1 [0038-0042], which reads on the claimed formula and subscripts as follows:
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
“M” is Co and 0<z≤0.3 overlaps with the claimed range for “b”
Oh further discloses that the NMC lithium transition metal oxide can further be doped with one or more other elements such as Sr, Ti, and Al [0036].
Thus, Oh discloses that the positive electrode active material comprises a lithium transition metal composite oxide including Li, Ni, Mn, and O as well as Co, as shown in the formula [0037], and is open to further comprising Al, Ti, or Sr or a combination thereof [0036], that reads on the claimed subscripts x, y, z, and b as mentioned above.
Although Oh is open to including Al, Ti, and/or Sr as component a doping element as mentioned, Oh fails to specifically disclose an embodiment wherein the lithium transition metal composite oxide comprises Sr and Al or Ti, and fails to disclose that the lithium transition metal oxide comprises O and additionally F in the molar ratios as claimed.
Regarding the inclusion of Al in the lithium transition metal composite oxide, Kim discloses a lithium transition metal oxide for a battery cathode comprising Li, Ni, Co, Mn, Al, & O (referred to as “NCMA”) [Abstract]. Kim discloses including Al in a molar ratio of 0.01 [Abstract, Page 2 Lines 1-3].
Kim discloses that doping an NCM cathode with Al improves the cycling stability [Page 1 Right Column Lines 16-17], and further has superior performance compared to NCM cathodes [Page 1 Left Column Lines 3-7]. Kim additionally discloses that the structural stability gained by Al-doping of an NMC cathode improves the thermal stability of the cathode which improves the safety of the battery [Page 6 Left Column Lines 31-33].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the NMC of Oh to further include Al in an amount of 0.01 as suggested by Kim for the benefits of improved cycling and thermal stability for an overall safer battery.
Thus, modified Oh discloses a lithium transition metal oxide that further includes Al in an amount of 0.01, which meets the claim limitations wherein “M” is Co [Oh 0037] and Al (as modified by Kim) and subscript “b” (molar ratio of each M) is 0.01 (as modified by Kim). Modified Oh therefore has the formula as follows:
Li1+aNixMnyCozAl0.01O2
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
0<z≤0.3 overlaps with the claimed range for “b”
Al molar ratio is 0.01 which falls within the claimed range for “b”
Regarding the inclusion of Sr in the lithium transition metal composite oxide, Lim discloses a lithium transition metal oxide used for a positive electrode active material in a lithium battery [0015-0017]. Lim discloses that the lithium transition metal oxide has the formula LixNiaMbAwO2-yDy [0019-0023] wherein
M is at least one of Mn, Co, Cr, Fe, V, and Zr,
A is an alkaline earth metal with an oxidation number of +2,
D is one of S, N, F, Cl, Br, I, and P
And 1.0≤x≤1.2, 0.5≤a≤1, 0<b≤0.5, 0≤y<0.2, 0<w≤0.3, and 2≤x+a+b+w≤2.2
Lim further discloses that M is preferably Mnb1Cob2 wherein 0<b1+b2≤0.5 [0038], similarly to the parent NMC oxide of Oh as mentioned above, and A is preferably Sr [0042]. As mentioned above, Lim discloses that Sr is included in an amount of 0<w≤0.3 [0035]. Thus, Lim discloses that the lithium transition metal oxide has the formula LixNiaMnb1Cob2SrwO2-yDy, wherein 0<w≤0.3 and D can be F, which is similar to the claimed formula.
Lim discloses that doping an NMC oxide with Sr improves the structural stability of the positive electrode active material and reduces the natural loss of lithium cations, thereby improving the structural stability of the overall secondary battery during charging/discharging and reducing the swelling, which improves the life characteristics of the battery [0041].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the lithium transition metal oxide of modified Oh (as modified by Kim for the inclusion of Al above) to be further doped with Sr as suggested by Lim for the benefit of improved structural stability during charging/discharging and reduced swelling, as well as overall improved life characteristics of the battery.
Thus, modified Oh discloses that the lithium transition metal oxide further includes Sr in an amount of 0-0.3, which reads on the claim limitations of the claimed formula including Sr (as modified by Lim) and subscript “a” (molar ratio of Sr) is 0-0.3 (as modified by Lim) which overlaps the claimed range of 0-0.01.
Modified Oh therefore has the formula as follows:
Li1+aNixMnyCozAl0.01SrwO2
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
0<z≤0.3 overlaps with the claimed range for “b”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
Regarding the inclusion of F in the lithium transition metal composite oxide and the molar ratio of O, Ishikawa discloses, in a first embodiment, a positive electrode active material [0011] comprising a lithium transition metal composite oxide (a lithium composite oxide [0011]). In the second embodiment of the disclosure, Ishikawa discloses that the positive electrode active material is for nonaqueous electrolyte secondary batteries [0203]. Ishikawa discloses that the lithium transition metal composite oxide has the formula (Formula 2 [0092]) LixMeyOαQβ wherein Q is fluorine (F), 1.67≤α≤2, and 0≤β≤0.33 [0122-0127]. Thus, Ishikawa discloses a lithium transition metal composite oxide for a positive electrode active material containing fluorine in a molar ratio (β) of 0-0.33, which overlaps with the claimed range of molar ratio (c).
Ishikawa discloses that a lithium transition metal composite oxide comprising fluorine has a crystal structure with improved stability due to replacing oxygen with the fluorine anion [0125]. Ishikawa discloses that replacing oxygen with the fluorine anion improves diffusion of Li ions due to the large ionic radius of the anion [0125].
Additionally, Lim also discloses that, while no specific embodiment includes specifically F as the anion (“D” in the formula above), substituting O with an anion (such as F) increases bonding strength of transition metals and prevents structural transition in the positive electrode active material, which leads to improved characteristics of the battery [0044].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present disclosure to modify the lithium transition metal composite oxide of modified Oh to replace some of the oxygen with the fluorine anion of Ishikawa, as further supported by Lim, to achieve a battery with improved stability and increased Li ion diffusion as disclosed by Ishikawa as well as increased bonding strength to prevent structural transition in the positive electrode active material, leading to improved battery characteristics as disclosed by Lim.
Thus, modified Oh discloses that the lithium transition metal oxide further includes F in an amount of 0-0.33, which reads on the claim limitations of the claimed formula including F (as modified by Ishikawa and Lim) and subscript “c” (molar ratio of F) is 0-0.33 (as modified by Ishikawa) which overlaps with the claimed range of 0-0.1.
Thus, modified Oh discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al and which reads on the claim as follows:
Li1+aNixMnyCozAl0.01SrwOαQβ
0≤a≤0.5 results in a molar ratio of Li of 1-1.5, which overlaps with the claimed range for “x”
0<x<1 overlaps with the claimed range for “z”
0<y≤0.5 overlaps with the claimed range for “y”
0<z≤0.3 overlaps with the claimed range for “b”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 6, as mentioned above with regards to Claim 5, modified Oh discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein “M” is Co and Al, the molar ratio of Co “c” is 0≤c≤0.5 which overlaps with the claimed range for “b”, and the molar ratio of Al is 0.01 which falls within the claimed range for “b”
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 7, as mentioned above with regards to Claim 5, modified Oh discloses that the lithium transition metal oxide has the formula below (as modified by Kim, Lim, and Ishikawa) wherein the molar ratio of Sr “w” is 0<w≤0.3 which overlaps with the claimed range for “a”.
LiaNibCocMndAl0.01SrwOαQβ
0.90≤a≤1.8 overlaps with the claimed range for “x”
0≤b≤0.9 overlaps with the claimed range for “z”
0≤d≤0.5 overlaps with the claimed range for “y”
Al molar ratio is 0.01 which falls within the claimed range for “b”
0<w≤0.3 overlaps with the claimed range of “a”
0≤β≤0.33 overlaps with the claimed range of “c”
the molar ratio of O is 1.67≤α≤2, which overlaps with the claimed range for “2-c” wherein 0<c<0.1 as recited in the claim.
Regarding Claim 8, modified Oh discloses a secondary lithium battery [0079] comprising a positive electrode (cathode), a negative electrode (anode), and a separator between the positive and negative electrodes comprising an electrolyte [0080], wherein the positive electrode comprises the positive electrode active material as mentioned above [0079]. Oh further discloses that the electrolyte is a nonaqueous electrolyte [0082], thus Oh discloses a nonaqueous secondary battery (secondary lithium battery with a nonaqueous electrolyte).
Response to Arguments
Applicant argues that Kwak fails to disclose the limitations of amended Claim 1. Applicant further argues that the selection of Sr and Ti is not supported by the results and advantages disclosed by Kwak. Examiner respectfully points out that Kwak does disclose the limitations of amended Claim 1, as mentioned in the rejection above. Kwak discloses a formula similar to the formula of Claim 1 having subscripts that overlap the claimed ranges, and discloses the inclusion of elements such as Sr and Ti among others in a limited list. Applicant additionally argues that the selection of Sr and Ti led to unexpected results. This argument is not persuasive over Kwak as the disclosure of Kwak teaches the use of Sr and Ti. As stated in the MPEP, “evidence of secondary consideration, such as unexpected results or commercial success, is irrelevant to 35 U.S.C 102 rejections and thus cannot overcome a rejection so based”. See MPEP 2131.04. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that Kwak does not disclose the limitations of new claims 5-8. Examiner respectfully points out that Kwak was not used to teach new Claims 5-8, and therefore this argument is moot.
Conclusion
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/A.E.G./Examiner, Art Unit 1726 /DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726