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
In response to the amendment received September 15, 2026:
Claims 1,3 and 6-12 are pending. Claims 2 and 4-5 have been cancelled as per applicant’s request.
The core of the previous rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3, 6-7, 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2019/0214639) in view of Park et al. (US 2020/0212423) and Zhang et al. (US 2019/0051893).
Regarding Claim 1, Cho et al. teaches a positive active material for a rechargeable lithium battery (Para. [0006]) comprising a large-sized lithium cobalt-based oxide (Para. [0093]) (i.e. a first positive active material comprising a lithium cobalt-based oxide) comprising wherein the lithium cobalt-based oxide has a chemical formula including M1 (Para. [0020]) which may be Al (Para. [0021]) wherein M1 is doped in the cobalt site of the oxide particles (Para. [0027]) (i.e. doped with aluminum) and comprises a surface layer including Zr (Para. [0033]) formed by a coating process (Para. [0096]) (i.e. and coated with zirconium) wherein the average particle diameter D50 is about 15 micrometers (Para. [0093]) and comprising small-sized Li1.025Co0.9773Mg0.01Al0.0127O2 (i.e. a second positive active material of Chemical Formula 2 comprising a lithium cobalt-based oxide doped with aluminum and coated with zirconium, a doping amount of aluminum based on a total weight of the lithium cobalt-based oxide is about 0.35 wt% [using the formula (0.0127 mol*26.98 g/ mol)/(total molecular weight or 97.29g)] wherein the average particle diameter D50 is about 4.5 micrometers (Para. [0093]) (i.e. wherein a particle diameter of the second positive active material is smaller than a particle diameter of the first positive active material) wherein the surface layer including Zr as a first element (Para. [0034]).
Cho et al. does not teach in the first positive active material, a doping amount of aluminum based on a total weight of the lithium cobalt-based oxide is about 0.50 wt% to about 0.80 wt% nor a coating amount of zirconium based on a total weight of the positive active material is about 0.10 wt% to about 0.15 wt%.
However, Park et al. teaches a cobalt-based first positive electrode active material (Para. [0013], Formula 1) having a particle diameter of 10 micrometers or more (Para. [0038]) wherein the first positive electrode active material comprises a doping element M1 which includes aluminum (Para. [0014], [0016]), the doping element being included in an amount of 100 to 10,000 ppm (Para. [0063]), e.g. 5,500 ppm or 0.55 wt% (i.e. 0.01 wt% to 1%, overlapping with the claimed doping amount of aluminum based on a total weight of the lithium cobalt-based oxide is about 0.50 wt% to about 0.80 wt%).
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 doping amount of the first positive electrode active material of Cho et al. to incorporate the teaching of a doping amount of aluminum as taught by Park et al., as such a doping amount provides improved structural stability and lifetime of the battery (Para. [0063]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Cho et al. does not teach the lithium cobalt-based oxide of the first positive active material is represented by Chemical Formula 1 of the instant claim.
However, Park et al. further teaches a cobalt-based first positive electrode active material (Para. [0013], Formula 1) having a particle diameter of 10 micrometers or more (Para. [0038]) wherein the first positive electrode active material is represented by Formula 1 which is LiCo1-aM1aO2 (Para. [0031]) wherein M1 includes aluminum and 0≤a≤0.2 (Para. [0032]) (and thus, at the very least overlapping with Chemical Formula 1 of the instant claim, as the Formula 1 of Park et al. may be LiCo0.98Al0.02O2, wherein a1 = 1, x1 = 0.98, y1 = 0.02, z1 = 0 and b1 = 0).
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 large-sized active material of Cho et al. to incorporate the teaching of the composition as taught by Park et al., as such a composition would provide a structurally stable positive electrode active material, and increased volume capacity of the battery (Para. [0064])
Cho et al. as modified by Park et al. does not teach a coating amount of zirconium based on a total weight of the positive active material is about 0.10 wt% to about 0.15 wt%.
However, Zhang et al. teaches a positive electrode material comprising a coating wherein the content of the element Zr in the positive electrode material is for example 1000 ppm (Para. [0053]) (i.e. 0.10 wt%) or 1500 ppm (Para. [0054]) (i.e. 0.15 wt%) (i.e. teaches examples within the claimed range of a coating amount of zirconium based on a total weight of the positive active material is about 0.10 wt% to about 0.15 wt%.
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 surface layer of Cho et al. containing Zr to incorporate the teaching of a coating amount of zirconium based on a total weight of the positive active material of 0.10 wt% or 0.15 wt%, as such an amount could suppress C-axis change during delithiation (Para. [0015]) providing a stabilized positive electrode material structure and avoiding irreversible transformation of the crystal structure at high operation voltage (Para. [0014]).
Cho et al. further teaches the large-sized positive active material (i.e. the first positive active material) having an average particle diameter D50 of 15 micrometers (Para. [0093]) (i.e. reading on about 18 micrometers, as “about” is defined as within ±30% of the stated value in para. [0038] of the instant specification, and thus 15 micrometers is within the claimed range of about 18 to about 25 micrometers).
Regarding Claim 3, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Cho et al. as modified by Park et al. and Zhang et al. teaches an Al weight of the first positive active material of e.g., 0.55 wt% (see section 10 above, as taught by Park ) and a Zr weight of the positive active material of about 0.10 wt% or 0.15 wt% (see section 10 above, as taught by Zhang et al. – Para. [0053-0054]). Thus, the natural result of the combination of prior art elements would at the very least overlap with the claimed range a ratio of an Al weight of the first positive active material to a Zr weight of the positive active material is about 3.3 to about 8.0, as 0.55:0.1 is 5.5 and 0.55:0.15 is 3.6. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). See also 2112(IV).
Regarding Claim 6, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Cho et al. further teaches the small-sized positive active material (i.e. the second positive active material) having an average particle diameter D50 of 4.5 micrometers (Para. [0093]), within the claimed range of about 2 to 6 micrometers.
Regarding Claim 7, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Cho et al. further teaches the large-sized positive active material (i.e. the first positive active material) having an average particle diameter D50 of 15 micrometers (Para. [0093]) (i.e. a = 15) and the small-sized positive active material (i.e. the second positive active material) having an average particle diameter D50 of 4.5 micrometers (Para. [0093]) (i.e. b = 4.5), and thus, satisfies the claimed average particle diameter relationship of 3b≤a≤4b, as 13.5≤15≤18.
Regarding Claim 9, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above
Cho et al. further teaches a positive electrode slurry comprising the small and large particles coated on an Al foil (i.e. a positive active material layer wherein the positive active material layer comprises the positive active material of claim 1, and a current collector [Al foil] wherein a positive active material layer is on the current collector) to fabricate a positive electrode (Para. [0094]) for a rechargeable lithium battery (Para. [0008]) (i.e. a positive electrode for a rechargeable lithium battery).
Regarding Claim 12, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 9 as explained above
Cho et al. further teaches a positive electrode for a rechargeable lithium battery (i.e. a rechargeable lithium battery comprising the positive electrode of claim 9), a negative electrode and an electrolyte solution (i.e. electrolyte) (Para. [0008]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2019/0214639) in view of Park et al. (US 2020/0212423) and Zhang et al. (US 2019/0051893) as applied to claim 1 above, and further in view of Choi et al. (US 2006/0257745).
Regarding Claim 8, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Cho et al. does not teach the first positive active material in an amount of about 60 wt% to about 90 wt% and the second positive active material is in an amount of about 10 wt% to about 40 wt% based on a total amount of the first positive active material and the second positive active material.
However, Choi et al. teaches a composite cathode active material comprising large diameter cathode active material (i.e. a first positive electrode active material) and a small diameter cathode active material (i.e. a second positive electrode active material) which may be a lithium cobalt-based oxide (Para. [0031]) wherein the weight ratio of the large to the small diameter active material ranges from 60:40 to 90:10 (Para. [0034]) (i.e. the first positive active material is in an amount within the claimed range of about 60 wt% to about 90 wt%, and the second positive active material is in an amount within the claimed range of about 10 wt% to about 40 wt% based on a total amount of the first positive active material and the second positive active material).
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 first and second positive electrode active materials of Cho et al. to incorporate the teaching of the large to the small diameter active material weight ratio, as it would increase the final packing ratio of the particles, providing a high packing density (Para. [0034]], providing improved volume density, resulting in batteries with improved volume capacities and improved charge/discharge characteristics (Para. [0038]).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2019/0214639) in view of Park et al. (US 2020/0212423) and Zhang et al. (US 2019/0051893) as applied to claim 9 above, and further in view of Kitada et al. (US 2021/0288322).
Regarding Claim 10, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 9 as explained above
Cho et al. as modified by Park et al. and Zhang et al. does not teach the positive electrode has a loading level of about 15 mg/cm2 to about 25 mg/cm2.
However, Kitada et al. teaches a positive electrode using a lithium-cobalt composite oxide (Para. [0041]) wherein the area density of the positive electrode is 20 mg/cm2 to 50 mg/cm2 (i.e. a loading level of the positive electrode overlapping with the claimed range of about 15 mg/cm2 to about 25 mg/cm2) (Para. [0245]).
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 positive electrode of Cho et al. to incorporate the teaching of the area density as taught by Kitada et al., as such a loading level makes it easier to satisfy a degree of durability, such that occurrence of a crack in a positive electrode is suppressed even if the battery swells during charging (Para. [0222]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 11, Cho et al. as modified by Park et al. and Zhang et al. teaches all of the elements of the current invention in claim 9 as explained above
Cho et al. as modified by Park et al. and Zhang et al. does not teach the positive electrode has a mixture density of about 3.8 g/cc to about 4.2 g/cc.
However, Kitada et al. teaches a positive electrode using a lithium-cobalt composite oxide (Para. [0041]) wherein the volume density is from 3.5 g/cm3 to 4.3 g/cm3 (i.e. a mixture density of the positive electrode overlapping with the claimed range of about 3.8 g/cc to about 4.2 g/cc) (Para. [0245]).
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 positive electrode of Cho et al. to incorporate the teaching of the volume density as taught by Kitada et al., as such a loading level makes it easier to satisfy a degree of durability, such that occurrence of a crack in a positive electrode is suppressed even if the battery swells during charging (Para. [0222]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Response to Arguments
Applicant's arguments filed September 15, 2026 have been fully considered but they are not persuasive.
Applicant argues the newly amended feature of the average diameter D50 of the first positive active material is about 18 micrometers to about 25 micrometers is not disclosed in either of the references and thus amended claim 1 is not obvious.
Examiner respectfully disagrees. Cho et al. teaches the large-sized positive active material (i.e. the first positive active material) having an average particle diameter D50 of 15 micrometers (Para. [0093]) (i.e. reading on about 18 micrometers, as “about” is defined as within ±30% of the stated value in para. [0038] of the instant specification, and thus 15 micrometers is within the claimed range of about 18 to about 25 micrometers). Thus, the claimed limitation is taught by Cho et al. and the arguments are not persuasive.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claim.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729
