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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Response to Arguments
Applicant's arguments filed 12/01/2025 have been fully considered but they are not persuasive.
Applicant submits that Lee provides a differential capacity voltage charge-discharge graph (see e.g., Lee; fig. 2) which does not overlap with the claimed discharge peak 1 appearing at a discharge voltage of 4.6V to 4.65V, and peak 2 appearing at a discharge voltage of 4.5V to 4.55V.
However, Lee is used as a secondary reference to modify primary reference Je. Je discloses the lithium cobalt oxide, the aluminum in an amount of 4,000 ppm to 6,500 ppm based on the total weight of lithium cobalt-based oxide (see e.g., [0044] regarding selecting the small and large particles from a lithium-cobalt-containing oxide and a lithium-nickel-cobalt-aluminum containing oxide, [0045]-[0046] regarding formulas such as LiaNibEcGdO2, 0.90≤a≤1.8, 0≤b≤0.9, 0≤c≤0.5, 0.001≤d≤0.1, which includes embodiments such as LiNi0.05Co0.02Al0.006408O2, or LiNi0.05Co0.02Al0.00824O2, or LiNi0.05Co0.02Al0.010439O2 wherein the ppm of aluminum falls within the claimed range of 4000 ppm to 6500 ppm based on a total weight of the lithium cobalt-based oxide), the lithium cobalt-based oxide comprises large particles and small particles (see e.g., [0031] regarding large and small particles), and broader limitations of the secondary battery including a mixing ratio between the large particles and the small particles of 8:2 to 9:1 (see e.g., [0047] regarding a ratio of the large particle to small particle of 80:20 to 90:10), large particles having a size of 17 μm to 21 μm (see e.g., [0008], [0031], [0033] regarding a large particle size of 17 μm to 21 μm), the small particles having a size of 2 μm to 4 μm which overlaps with the claimed range of 2 μm to 8 μm (see e.g., [0008], [0031], [0033] regarding a small particle size of 2 μm to 4 μm), the negative electrode comprising of active material such as a carbon-based material including graphite, amorphous carbon such as hard or soft carbon, mesophase pitch-based carbide, plate-shaped, flake-shaped, natural or artificial graphite (see e.g., [0061]), which is the same as in the instant specification, and that the electrolyte includes a non-aqueous organic solvent and lithium salt (see e.g., [0073]-[0076]), similar to the instant specification.
Lee is applied to modify Je specifically for Chemical Formula 1 (see e.g., Lee; [0007]-[0013] regarding Chemical Formula 1 wherein M1 may be Mg, M2 may be Al, and M3 corresponds to the M of the claimed formula, and wherein the ratio of cobalt is one minus the amount of M1, M2, and M3) which overlaps with the range of the claimed chemical formula. The differential capacity voltage charge-discharge results of Lee is not applied to modify Je. Moreover, the discharge capacity is dependent on all battery components, including the amount of aluminum, particle size, distribution, and composition, and the composition of the negative electrode and electrolyte which is disclosed by Je above. The modification of Lee to Je would not change these other battery elements, and therefore the differential capacity voltage charge-discharge results would not be dependent upon the disclosure of modifying reference Lee. Therefore, modified Je which is provided with the modification of the chemical formula 1 of Lee provides all of the structural elements as in the instant specification and claims, from the composition of the positive electrode composition, size, distribution, and structure, to the negative electrode and electrolyte.
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.
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.
Claim(s) 1, 3, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Je (US-20170346133-A1), and further in view of Lee (US-20190157671-A1) and Hong (US-20200136126-A1).
Regarding claim 1, Je teaches a lithium cobalt-based oxide for a lithium secondary battery (see e.g., abstract regarding lithium secondary battery), the lithium cobalt-based oxide comprising: aluminum in an amount of 4,000 ppm to 6,500 ppm based on the total weight of lithium cobalt-based oxide (see e.g., [0044] regarding selecting the small and large particles from a lithium-cobalt-containing oxide and a lithium-nickel-cobalt-aluminum containing oxide, [0045]-[0046] regarding formulas such as LiaNibEcGdO2, 0.90≤a≤1.8, 0≤b≤0.9, 0≤c≤0.5, 0.001≤d≤0.1, which includes embodiments such as LiNi0.05Co0.02Al0.006408O2, or LiNi0.05Co0.02Al0.00824O2, or LiNi0.05Co0.02Al0.010439O2 wherein the ppm of aluminum falls within the claimed range of 4000 ppm to 6500 ppm based on a total weight of the lithium cobalt-based oxide), wherein the lithium cobalt-based oxide comprises large particles and small particles (see e.g., [0031] regarding large and small particles).
Je also meets the broader limitations of claim 1. Specifically, Je teaches a mixing ratio between the large particles and the small particles is 8:2 to 9:1 (see e.g., [0047] regarding a ratio of the large particle to small particle of 80:20 to 90:10). Je also teaches the large particles have a size of 17 μm to 21 μm (see e.g., [0008], [0031], [0033] regarding a large particle size of 17 μm to 21 μm). Je also teaches the small particles have a size of 2 μm to 4 μm which overlaps with the claimed range of 2 μm to 8 μm (see e.g., [0008], [0031], [0033] regarding a small particle size of 2 μm to 4 μm). Je also teaches that the negative electrode may comprises of active material such as a carbon-based material including graphite, amorphous carbon such as hard or soft carbon, mesophase pitch-based carbide, plate-shaped, flake-shaped, natural or artificial graphite (see e.g., [0061]) which is the same as the instant specification. Je also teaches that the electrolyte includes a non-aqueous organic solvent and lithium salt (see e.g., [0073]-[0076]) similar to the instant specification.
Je in combination with Lee further provides the specific lithium oxide compound composition, and in combination with Hong further provides the specific lithium-cobalt-titanium oxide coating layer.
Je teaches lithium cobalt-based oxides that are lithium manganese cobalt aluminum oxides with similar ranges of lithium, manganese, and aluminum (see e.g., [0045]-[0046]). Je also discloses lithium cobalt-based oxides that are lithium manganese cobalt aluminum oxides with similar ranges of lithium, manganese, and aluminum (see e.g., [0045]-[0046]). Je does not explicitly disclose the lithium cobalt-based oxides is a compound represented by Formula 1: LiaMgbCo1-x-yAlxMyO2 wherein 0.9<a<1.05, 0.001<b<0.01, 0.01<x<0.03, and O<y<0.01, and M is Ti, Mn, Ni, Mo, Zr, Y, W, Sr, Zn, or a combination thereof. However, Lee discloses Chemical Formula 1 (see e.g., [0007]-[0013] regarding Chemical Formula 1 wherein M1 may be Mg, M2 may be Al, and M3 corresponds to the M of the claimed formula, and wherein the ratio of cobalt is one minus the amount of M1, M2, and M3) which overlaps with the range of the claimed chemical formula. Lee is equivalent analogous art and combinable to Je because Lee similarly teaches lithium manganese cobalt aluminum oxide with overlapping ranges of the element of lithium, manganese, and aluminum which is used as the positive active material in a rechargeable lithium battery. Lee is equivalent analogous art and combinable to Je because Lee similarly teaches lithium manganese cobalt aluminum oxide with overlapping ranges of the element of lithium, manganese, and aluminum which is used as the positive active material in a rechargeable lithium battery. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium oxide disclosed by Je by providing the chemical formula disclosed by Lee as the lithium oxide. One of ordinary skill in the art would have been motivated to make this modification in order to improve stability, storage characteristics, and cycle-life characteristics even under high temperature conditions (see e.g., [0015]).
Je also teaches a coating layer on a surface of the lithium cobalt-based oxide active material particles (see e.g., [0037]-[0038] regarding coating material on the small and large active material particles which may be of the same material) wherein the coating layer includes titanium such as a titanium oxide because titanium may improve rate characteristic and the high temperature cycle-life characteristic (see e.g., [0041]). Je does not explicitly disclose that the coating layer comprises a lithium-cobalt-titanium oxide. However, Hong teaches a coating layer that may be a lithium-cobalt-titanium oxide (see e.g., [0036]-[0037] regarding Formula 1 which includes cobalt and titanium). Hong is equivalent analogous art and is combinable because Hong similarly teaches the coating layer on a positive active material particle that is a lithium transition metal oxide, wherein the coating layer may include both titanium and aluminum). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coating layer disclosed by Je by providing the lithium-cobalt titanium oxide disclosed by Hong.
The combination of Je with Lee and Hong as described above regarding claim 1 provides all of the positively recited structure of the positive electrode including the active material particle structure, sizing, distribution, chemical composition, and coating layer, in addition to providing overlapping similarities of the negative electrode and electrolyte of the secondary battery. Therefore, it is the examiner’s position that the resulting structure would provide a ratio (IB/IA) Of intensity (IB) of Peak 2 to intensity (IA) of Peak 1 is 1.1 to 1.7. Furthermore, it is the examiner’s position that the resulting structure would provide a Peak 1 appearing at a discharge voltage of 4.6 V to 4.65 V, and Peak 2 appearing at a discharge voltage of 4.5 V to 4.55 V.
MPEP 2112 I. states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 3, modified Je teaches the lithium cobalt-based oxide of claim 1, wherein a mixing weight ratio between the large particles and the small particles is 8:2 to 9:1 (see e.g., [0047] regarding a ratio of the large particle to small particle of 80:20 to 90:10).
Regarding claim 6, modified Je teaches the lithium cobalt-based oxide of claim 1, wherein the large particles have a size of 17 μm to 21 μm (see e.g., [0008], [0031], [0033] regarding a large particle size of 17 μm to 21 μm).
Regarding claim 7, modified Je teaches the lithium cobalt-based oxide of claim 1. Je also teaches the small particles have a size of 2 μm to 4 μm which overlaps with the claimed range of 2 μm to 8 μm (see e.g., [0008], [0031], [0033] regarding a small particle size of 2 μm to 4 μm).
Regarding claim 8, modified Je teaches the lithium cobalt-based oxide of claim 1. Je also teaches a coating layer on a surface of the lithium cobalt-based oxide active material particles (see e.g., [0037]-[0038] regarding coating material on the small and large active material particles which may be of the same material) wherein the coating layer includes titanium such as a titanium oxide because titanium may improve rate characteristic and the high temperature cycle-life characteristic (see e.g., [0041]). Je does not explicitly disclose that the coating layer comprises a lithium-cobalt-titanium oxide. However, Hong teaches a coating layer that may be a lithium-cobalt-titanium oxide (see e.g., [0036]-[0037] regarding Formula 1 which includes cobalt and titanium). Hong is equivalent analogous art and is combinable because Hong similarly teaches the coating layer on a positive active material particle that is a lithium transition metal oxide, wherein the coating layer may include both titanium and aluminum). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the coating layer disclosed by Je by providing the lithium-cobalt titanium oxide disclosed by Hong.
Regarding claim 9, modified Je teaches a lithium secondary battery comprising a cathode (see e.g., abstract regarding rechargeable lithium battery comprising a positive electrode) comprising the lithium cobalt-based oxide of claim 1.
Conclusion
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728