DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Summary
This is the initial Office Action based on Application 17/834,838 and in response to a Request for Continued Examination filed 12/05/2025.
Claims 16, 18-25, and 27-35 are previously pending, of those claims, claims 16, 18-20, 22-25, 27, and 29 have been amended, claims 21, 28, 30 and 31 have been canceled, and new claims 36-41 have been added. All amendments have been entered. Claims 16, 18-25, and 27-35 are currently pending and have been fully considered.
Claim Objections
Claims 33, 37, and 39 are objected to because of the following informalities: Claims 33, 37, and 39 recite the active material including “Li(LiaNixMnyCoz)”. However, the claim should defines the metes and bounds of a, x, y, and z in the compound. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
Claim 16, 18-20, 22-23, and 27, 29, and 32-36 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over YOSHIKAZU (TW 201342698 A) in view of JINGWEN (CN 108183236 A).
With respect to claim 16. YOSHIKAZU teaches using a surfactant in the positive electrode mixture and using a specific polymer material as the water dispersible polymer binder resin, the positive electrode active material can be easily and dissolved in the solvent (paragraph 0016). The positive electrode mixture contains a positive electrode active material, a binder resin, a conductive auxiliary agent, and a surfactant (paragraph 0018). By adding the surfactant both the positive electrode active material and the water dispersible polymer binder resin to be uniformly disperse in the solvent, and the active material and the binder resin are less likely to agglomerate and settle (paragraph 0024). Examples of the water-dispersible polymer binder resins include PVDF (paragraph 0031). In addition the positive electrode mixture may include other polymer particles to the water dispersible polymer binder resin, such polymer particles may include PVDF (paragraph 0049). Specific examples then may include at least the PVDF (Tables 1 and 2, HSV-900, which is taught to be PVDF (paragraph 0099). The conductive auxiliary agent can be a conductive carbon material, such as acetylene black, Ketjen black, carbon black and carbon nanotubes as examples (paragraphs 0052). The surfactant may include a cationic, anionic, amphoteric surfactant, and nonionic surfactant, or combinations of surfactants (paragraph 0053). The positive electrode is formed by coating the positive electrode mixture on a current collector (paragraph 0068). The coating is preferably formed on both sides (paragraph 0068). The current collector may have a thickness of about 5 to 100 microns (paragraph 0069). The thickness of the positive electrode is usually 5 to 400 microns, and preferably 30 to 300 microns (paragraph 0074). The thickness of the coating then is taken to be the difference of the thickness of the positive electrode and the thickness of the current collector. By having the thickness of the positive electrode within that range, good electrode plate flexibility and adhesion can be obtained (paragraph 0074).
YOSHIKAZU teaches the thickness of the positive electrodes is between 30-300 microns (paragraph 0074) and a thickness of the current collector is 5-100 microns (paragraph 0069) the difference being the thickness of the coating. This is taken to be an overlapping range with the claimed thickness of 100-1000 microns. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
YOSHIKAZU does not explicitly teach that the particles of the conductive additive are substantially uniformly dispersed, such that there is an average distance of 500 nm or less between adjacent dispersed particles of the conductive additive.
JINGWEN teaches solving the problems of poor dispersion effect and conductivity, and high processing cost of the carbon nanotube composite conductive agent in an existing lithium battery positive electrode material (paragraph 0009). Such a composite may include the carbon nanotubes and carbon black (paragraph 0014). The lithium ion battery cathode slurry composite dispersion then is uniform and stable with good fluidity and dispersibility (paragraph 0029). The positive electrode slurry is prepared by adding a composite dispersant containing polyvinylidene fluoride to predisperse the carbon nanotubes (paragraph 0029). The interaction of the PVDF and polyvinylpyrrolidone and other dispersants greatly improves the dispersibilty of the carbon nanotubes, and at the same time, the composites dispersant is adsorbed on the surface of the carbon nanotubes to further improve the dispersion effect (paragraph 0029). The carbon nanotubes have no aggregation, and after being compounded with carbon black, forms a good conductive network in the positive electrode material (paragraph 0029). Figure 1 shows a SEM of the carbon nanotubes and conductive carbon black slurry, and shows that the carbon nanotubes and acetylene black are well dispersed (paragraph 0049). Figure 2 then shows the carbon nanotubes and conductive agent of acetylene black and the cathode material are uniformly mixed (paragraph 0049). Similarly Figure 4 shows that the carbon nanotubes and the SuperP conductive agent and the cathode material are uniformly mixed to form a conductive network (paragraph 0057).
JINGWEN does not explicitly teach an average distance of 500 nm or less between adjacent dispersed particles of the conductive additive, however the Examiner submits that Figures 2 and 4 at least show an average distance between the adjacent particles of the conductive additive being 500 nm or less. In the alternative, the Examiner notes that it would be obvious to control the distance between the conductive additives in order to form the desired conductive network.
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the conductive additive of YOSHIKAZU with the well dispersed conductive additive of JINGWEN, as this is a simple substitution of one known prior art element for another in order to achieve predictable results. Specifically both YOSHIKAZU and JINGWEN are related to using surfactants and dispersion agents to uniformly disperse the elements of the positive electrode active material layer, and then JINGWEN then teaches that these elements may include conductive additives as well, and that such a uniform dispersion is beneficial to form a good conductive network.
With respect to claims 18-19. YOSHIKAZU teaches as noted above, the positive electrode mixture is coated on a current collector (paragraph 0068). More preferably the layer is formed on both sides of the current collector (paragraph 0068). The current collector may have a thickness of about 5 to 100 microns (paragraph 0069). The thickness of the positive electrode then is 5-400 microns (paragraph 0074). The thickness of the coatings then is taken to be the difference of the thickness of the positive electrode and the thickness of the current collector. Therefore as noted above YOSHIKAZU teaches an overlapping range with the claimed thickness. 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).
With respect to claim 20. YOSHIKAZU teaches the positive electrode mixture includes the water dispersible polymer binder resin in a range of 0.1-10 parts by mass (paragraph 0050). This is taken to be an overlapping range with the claimed amount of 1 to 10 percent by weight. 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).
With respect to claims 22-23. YOSHIKAZU teaches that the conductive agent may be blended in an amount of 0.1-10 parts by mass of the positive electrode mixture (paragraph 0052). This is taken to be an overlapping range with the claimed amount of 1 to 10 percent by weight and 3-5 percent by weight. 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).
With respect to claim 27. JINGWEN does not explicitly teach an average distance of 300 nm or less between adjacent dispersed particles of the conductive additive, however the Examiner submits that Figures 2 and 4 at least show an SEM image of the active material layer, showing the conductive additive. However, it does not explicitly teach that the average distance is 200 nm or less. At the time the invention was filed one having ordinary skill in the art would have been able to control the distance between the conductive additives in order to form the desired conductive network. Therefore the range of 200 nm or less may be determined as a matter of routine optimization in order to achieve the desired characteristics, such as the sufficient conductive network.
With respect to claims 29-31. YOSHIKAZU teaches the content of the water dispersible polymer binder, which may be PVDF (paragraph 0031) which may be from 0.1-10 parts by mass, preferably 0.5-5 parts by mass with respect to 100 parts of the active material (paragraph 0050). Such a range is beneficial so that the adhesion and flexibility of the positive electrode mixture layer obtained can be improved (paragraph 0050). The size of the binder resin is 0.1 to 1 microns (paragraph 0051). If the particle size is too large, there is a concern that the adhesiveness will decrease, and if the particle size is too small, the surface of the active material may be covered and the internal resistance may increase (paragraph 0051). The binder then is uniformly dispersed in the active material (paragraph 0058). However, YOSHIKAZU does not explicitly teach what the average distance between adjacent dispersed particles. However, at the time the invention was filed one having ordinary skill in the art would have been able to control the size and amount of the binder as a matter of routine optimization in order to balance the characteristics of the active material to have the desired adhesion and flexibility of the active material layer, while not increasing the resistance. YOSHIKAZU then teaches that the binder is uniformly dispersed, and therefore controlling the amount and size of the binder as taught by YOSHIKAZU will by necessity adjust the average distance between the particles. Therefore the average distance such as less than 500 nm may be achieved as a matter of routine optimization.
With respect to claims 32-33. YOSHIKAZU teaches the positive electrode active material may include a lithium transition metal oxide (paragraph 0025). In one example the active material is LiNi1/3Co1/3Mn1/3O2 (paragraph 0088).
With respect to claim 34. YOSHIKAZU teaches the conductivity aid includes carbons such as carbon black, acetylene black, and graphite (paragraph 0052). JINGWEN similarly teaches the conductivity aid may be a combination of carbon nanotubes and acetylene black (paragraph 0049).
At the time the invention was filed one having ordinary skill in the art would have been motivated to have the conductive additive be chosen from just acetylene black, as this is an application of a known prior art technique in order to achieve predictable results, as YOSHIKAZU and JINGWEN teaches use of surfactants and dispersion aids to create a uniform dispersion, and therefore to limit the conductive aid to just acetylene black would have been obvious to still have the uniform dispersion, while still having the desired conductivity.
With respect to claim 35. YOSHIKAZU teaches the active material is coated onto the current collector so that it may not be easily pealed off (paragraph 0073). Specifically the electrode has good plate flexibility and adhesion (paragraph 0074). This is taken to be strongly adhered as claimed.
With respect to claim 36. The rejection of claim 16 from above is repeated here. YOSHIKAZU teaches the content of the water dispersible polymer binder, which may be PVDF (paragraph 0031) which may be from 0.1-10 parts by mass, preferably 0.5-5 parts by mass with respect to 100 parts of the active material (paragraph 0050). Such a range is beneficial so that the adhesion and flexibility of the positive electrode mixture layer obtained can be improved (paragraph 0050). The size of the binder resin is 0.1 to 1 microns (paragraph 0051). If the particle size is too large, there is a concern that the adhesiveness will decrease, and if the particle size is too small, the surface of the active material may be covered and the internal resistance may increase (paragraph 0051). The binder then is uniformly dispersed in the active material (paragraph 0058). However, YOSHIKAZU does not explicitly teach what the average distance between adjacent dispersed particles. However, at the time the invention was filed one having ordinary skill in the art would have been able to control the size and amount of the binder as a matter of routine optimization in order to balance the characteristics of the active material to have the desired adhesion and flexibility of the active material layer, while not increasing the resistance. YOSHIKAZU then teaches that the binder is uniformly dispersed, and therefore controlling the amount and size of the binder as taught by YOSHIKAZU will by necessity adjust the average distance between the particles. Therefore the average distance such as less than 500 nm may be achieved as a matter of routine optimization.
With respect to claim 37. YOSHIKAZU teaches the positive electrode active material may include a lithium transition metal oxide (paragraph 0025). In one example the active material is LiNi1/3Co1/3Mn1/3O2 (paragraph 0088).
With respect to claim 39. The rejection of claim 16 from above is repeated here. YOSHIKAZU teaches the positive electrode active material may include a lithium transition metal oxide (paragraph 0025). In one example the active material is LiNi1/3Co1/3Mn1/3O2 (paragraph 0088). In this case the positive electrode is taken to be the claimed anode material.
Claims 24-25, and 38-41 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over YOSHIKAZU (TW 201342698 A) in view of JINGWEN (CN 108183236 A) and further in view of CHOI (US 2011/0143198 A1).
Claim 24 is dependent upon claim 16, and claim 38 is dependent upon claim 36, both of which are rejected above under 35 U.S.C. 103 in view of YOSHIKAZU and JINGWEN, and claim 25 is dependent upon claim 24. YOSHIKAZU teaches the water dispersible polymer binder that may include PVDF (paragraph 0031). Further such a binder may have a particle size of 0.1 to 1 micron (paragraph 0051). Therefore YOSHIKAZU does not explicitly teach PVDF particles between 150 to 450 nm, or between 200 and 300 nm, but rather teaches an overlapping range with the claimed amount.
CHOI teaches an active material layer that includes a binder of a fluorine containing polymer nanoparticle 5 (paragraph 0028). In one example the binder may include polyvinylidene fluoride nanoparticle having an average particle diameter of about 220 nm (paragraph 0083).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the water soluble binder of YOSHIKAZU with the 220 nm PVDF binder of CHOI as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
With respect to claims 39-40. The rejection of claim 16 in view of YOSHIKAZU and JINGWEN from above is repeated here. YOSHIKAZU teaches the positive electrode active material may include a lithium transition metal oxide (paragraph 0025). In one example the active material is LiNi1/3Co1/3Mn1/3O2 (paragraph 0088). In this case the positive electrode is taken to be the claimed anode material.
YOSHIKAZU teaches the water dispersible polymer binder that may include PVDF (paragraph 0031). Further such a binder may have a particle size of 0.1 to 1 micron (paragraph 0051). Therefore YOSHIKAZU does not explicitly teach PVDF particles between 150 to 450 nm, or between 200 and 300 nm, but rather teaches an overlapping range with the claimed amount.
CHOI teaches an active material layer that includes a binder of a fluorine containing polymer nanoparticle 5 (paragraph 0028). In one example the binder may include polyvinylidene fluoride nanoparticle having an average particle diameter of about 220 nm (paragraph 0083).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the water soluble binder of YOSHIKAZU with the 220 nm PVDF binder of CHOI as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
With respect to claim 41. YOSHIKAZU teaches the content of the water dispersible polymer binder, which may be PVDF (paragraph 0031) which may be from 0.1-10 parts by mass, preferably 0.5-5 parts by mass with respect to 100 parts of the active material (paragraph 0050). Such a range is beneficial so that the adhesion and flexibility of the positive electrode mixture layer obtained can be improved (paragraph 0050). The size of the binder resin is 0.1 to 1 microns (paragraph 0051). If the particle size is too large, there is a concern that the adhesiveness will decrease, and if the particle size is too small, the surface of the active material may be covered and the internal resistance may increase (paragraph 0051). The binder then is uniformly dispersed in the active material (paragraph 0058). However, YOSHIKAZU does not explicitly teach what the average distance between adjacent dispersed particles. However, at the time the invention was filed one having ordinary skill in the art would have been able to control the size and amount of the binder as a matter of routine optimization in order to balance the characteristics of the active material to have the desired adhesion and flexibility of the active material layer, while not increasing the resistance. YOSHIKAZU then teaches that the binder is uniformly dispersed, and therefore controlling the amount and size of the binder as taught by YOSHIKAZU will by necessity adjust the average distance between the particles. Therefore the average distance such as less than 500 nm may be achieved as a matter of routine optimization.
Response to Arguments
Applicant's arguments filed 12/05/2025 have been fully considered but they are not persuasive.
On pages 7-8 of Applicant Arguments/Remarks Applicant argues against the 35 U.S.C. 103 rejection of claims in view of YOSHIKAZU and JINGWEN. On page 8 Applicant argues that YOSHIKAZU and JINGWEN fail to teach the amended claim limitations of (1) the current collectors having a first and second surfaces, each surface comprising a coating, and (2) a combined thickness of the coatings is between 100 and 1000 microns, and (3) the conductive additive have an average separation of 500 nm or less between adjacent particles. However, this argument is not persuasive.
With respect to elements (1)-(2). YOSHIKAZU teaches the positive electrode is formed by coating the positive electrode mixture on a current collector (paragraph 0068). The coating is preferably formed on both sides (paragraph 0068). The current collector may have a thickness of about 5 to 100 microns (paragraph 0069). The thickness of the positive electrode is usually 5 to 400 microns, and preferably 30 to 300 microns (paragraph 0074). The thickness of the coating then is taken to be the difference of the thickness of the positive electrode and the thickness of the current collector. By having the thickness of the positive electrode within that range, good electrode plate flexibility and adhesion can be obtained (paragraph 0074).
YOSHIKAZU teaches the thickness of the positive electrodes is between 30-300 microns (paragraph 0074) and a thickness of the current collector is 5-100 microns (paragraph 0069) the difference being the thickness of the coating. This is taken to be an overlapping range with the claimed thickness of 100-1000 microns. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
With respect to element (3). JINGWEN teaches Figure 1 shows a SEM of the carbon nanotubes and conductive carbon black slurry, and shows that the carbon nanotubes and acetylene black are well dispersed (paragraph 0049). Figure 2 then shows the carbon nanotubes and conductive agent of acetylene black and the cathode material are uniformly mixed (paragraph 0049). Similarly Figure 4 shows that the carbon nanotubes and the SuperP conductive agent and the cathode material are uniformly mixed to form a conductive network (paragraph 0057).
JINGWEN does not explicitly teach an average distance of 500 nm or less between adjacent dispersed particles of the conductive additive, however the Examiner submits that Figures 2 and 4 at least show an average distance between the adjacent particles of the conductive additive being 500 nm or less. In the alternative, the Examiner notes that it would be obvious to control the distance between the conductive additives in order to form the desired conductive network.
Conclusion
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722