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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/11/2025 has been entered.
Information Disclosure Statement
The IDS filed 12/11/2025 has been considered by examiner.
Response to Amendment
The Amendment filed on 12/11/2025 has been entered. Claims 1 and 12 are amended. Claims 1-5, 7-16, and 18-20 remain pending in the application.
Claim Interpretation
Claim 1 recites “wherein a diameter of the linear-type conductive material…” in line 7 of the claim. In order for the linear-type conductive material have a diameter, the shape of the linear-type conductive material must be a cylinder (e.g. nanotube).
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 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, 7, 8, 12-14, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20190393479, hereinafter "Kim") in view of Nagai et al. (US 20190198879, hereinafter "Nagai").
Regarding claims 1, 7, and 12 and 18, Kim teaches a cathode composition for a lithium secondary battery comprising:
a cathode active material that comprises a first cathode active material particle having a secondary particle shape and a second cathode active material particle having a single particle shape [0034, “a cathode active material including a first cathode active material particle which…has a secondary particle structure…and a second cathode active material particle having a single particle structure”]; and
a conductive material including a linear-type conductive material [0102, “the cathode active material may be mixed and stirred together with a binder, a conductive agent”, 0107, “the conductive agent may include a carbon-based material such as graphite, carbon black, graphene, carbon nanotube, etc.”].
The carbon nanotube of said conductive agent may constitute the claimed “linear-type conductive material,” the carbon nanotube being the same material taught and claimed in the instant application (see subsequent claims 8 and 19), wherein if the composition is the same, it must have the same properties (see MPEP 2112.01, II.). Kim is silent regarding the diameter of carbon nanotubes and peak intensity ratio of a Raman spectrum (ID/IG).
Nagai teaches analogous art of a positive electrode (“cathode”) for a non-aqueous battery comprising a conductive composition [Abstract, “Also provided are: a positive electrode for non-aqueous batteries, the positive electrode using the conductive composition”]. Nagai teaches the conductive composition comprising a multi-walled carbon nanotube, or MWCNTs, (“linear-type conductive material”) having a median volumetric diameter D50 in the range of 0.3-8 μm, which overlaps the ranges recited in instant claims 1 and 12 [Abstract, “the conductive material contains carbon black and a multi-walled carbon nanotube having a powder resistivity of 0.035 Ω⋅cm or less as measured under a load of 9.8 MPa, and a median volumetric diameter D50 value, which is as a measure of dispersibility, in the range of 0.3-8 μm”]. Nagai also teaches that the D/G value (“peak intensity ratio ID/IG”) of the MWCNTs is 0.8 to 1.3, which overlaps the ranges recited in instant claims 1, 7, 12, and 18 [0053, “The MWCNTs used in the present invention has a D/G value of from 0.8 to 1.3”]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists [MPEP 2144.05(I)]. Nagai teaches that the D/G value is a sum of the areas derived from the D band peaks (D1: 1330 cm-1; D3: 1500 cm-1; D4: 1150 cm-1) to the sum of areas derived from the G band peaks (G+: 1600 cm-1; G-: 1570 cm-1) [0114].
Nagai discloses that when the median diameter D50 is within the disclosed range, the MWCNTs can be uniformly dispersed while maintaining good conductivity [0052, “When the median diameter D50 value is in a range of from 0.3 to 8 μm, the MWCNTs can be uniformly dispersed in the electrode while maintaining the conductivity]. Nagai also teaches that when the value of D/G is within the range disclosed, the MWCNTs have improved conductivity and crystallinity [0053, “The MWCNTs having the D/G value of from 0.8 to 1.3 has improved conductivity and crystallinity”].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the conductive agent taught by Kim to include MWCNTs with a diameter and peak intensity ratio within the ranges taught by Nagai, in order to provide uniform dispersion, good conductivity, and good crystallinity to the conductive agent.
Further regarding claim 12, modified Kim teaches a lithium secondary battery [0010; entire disclosure relied upon], comprising:
a cathode comprising a cathode current collector and a cathode active material layer formed by coating a cathode composition for the lithium secondary battery on at least one surface of the cathode current collector [0039]; and
an anode facing the cathode [0038, known battery construction]
wherein the cathode composition for the lithium secondary battery is that which was described above.
Further regarding claims 2 and 13, modified Kim teaches the lithium secondary battery and cathode composition for said lithium secondary battery of claims 1 and 12, wherein a weight ratio of the first cathode active material particle and the second cathode active material particle is in a range from 9.1 to 5.5 [Table 1, 0128, “blending ratios of the first and second cathode active material particles were adjusted as listed in the following Table 1”]. Table 1 lists several examples with different weight ratios of the first cathode active material particle and the second cathode active material particle from 9:1 (Example 1) to 5:5 (Example 5).
Further regarding claims 3 and 14, modified Kim teaches the lithium secondary battery and cathode composition for said lithium secondary battery of claims 1 and 12, wherein each of the first cathode active material particle and the second cathode active material particle is represented by: LiaNixM1-xO2+y, wherein 0.9 ≤ a ≤ 1.2, 0.5 ≤ x ≤ 0.99, -0.1 ≤ y ≤ 0.1, and M includes at least one selected from the group consisting of Na, Mg, Ca, Y, Ti, Zr, Hf, V, Nb, Ta, Cr, Mo, W, Mn, Co, Fe, Cu, Ag, Zn, B, Al, Ga, C, Si, Sn, Ba and Zr. Kim teaches that the first cathode active material particle is represented by Chemical Formula 1: LixM1aM2bM3cOy [0055]. Kim further teaches that M1, M2, and M3 may be selected from Ni, Co, Mn, Na, Mg, Ca, Ti, V, Cr, Cu, Zn, Ge, Sr, Ag, Ba, Zr, Nb, Mo, Al, Ga and B, and 0 < x ≤ 1.1, 2 ≤ y ≤ 2.02, 0 < a < 1, 0 < b < 1, 0 < c < 1, and 0 < a+b+c ≤ 1 [0056].
The ranges for the number of atoms of lithium and oxygen in the formula taught by Kim overlap the instant claimed ranges for the number of atoms of lithium and oxygen in the claimed formula (e.g., the subscript for Li could be anywhere from 0.9 to 1.1 and satisfy both the claimed range and the range taught by Kim, and the subscript for O could be anywhere from 2 to 2.02 and satisfy both the claimed range and the range taught by Kim). Furthermore, M1 in the formula taught by Kim could be Ni, and M2 in the formula taught by Kim could be Na, Mg, Ca, Ti, Zr, V, Nb, Cr, Mo, Mn, Co, Cu, Ag, Zn, B, Al, Ga, or Ba, all of which are included in the claimed list for element M. When c = 0 in the formula taught by Kim, then a + b (in the prior art formula) may be greater than 0, or less than or equal to 1. When a + b = 1, the ranges for the number of atoms of M1 and M2 in the formula taught by Kim overlap the instant claimed ranges for the number of atoms of Ni and M in the claimed formula (e.g., the subscript for M1 could be anywhere from 0.5 ≤ a ≤ 0.99 and satisfy both the claimed range and the range taught by Kim, and when a + b = 1, the subscript for M2 is b = 1 – a, which satisfies the claimed formula).
Kim teaches that the second cathode active material particle is represented by Chemical Formula 2: LixNiaCobMncM4dM5cOy [0083]. Kim further teaches that the ranges for the subscripts are 0 < x ≤ 1.5, 2 ≤ y ≤ 2.02, 0.48 ≤ a ≤ 0.52, 0.18 ≤ b ≤ 0.22, 0.28 ≤ c ≤ 0.32, 0 ≤ d ≤ 0.25, 0 ≤ e ≤ 0.15, and 0.98 ≤ a+b+c ≤ 1.02 [0084]. The ranges for the number of atoms of lithium, oxygen, and nickel in the formula taught by Kim overlap the instant claimed ranges for the number of atoms of lithium and oxygen in the claimed formula (e.g., the subscript for Li could be anywhere from 0.9 to 1.2, the subscript for O could be anywhere from 2 to 2.02, and the subscript for Ni could be anywhere from 0.5 to 0.52 and that would satisfy both the claimed ranges and the ranges taught by Kim). When subscripts d and e = 0, the formula taught by Kim becomes LixNiaCobMncOy. The Co and Mn in the formula taught by Kim are both listed in the claimed group for M in the claimed formula. When a + b + c = 1 in the formula taught by Kim, the ranges for the number of atoms of Co and Mn overlap the instant claimed ranges for the number of atoms of M in the claimed formula (e.g., a + b + c = 1 can be rearranged to read b + c = 1 – a, and a is the subscript for Ni in the formula taught by Kim already established to overlap the claimed range of Ni atoms. The subscripts of Co and Mn taught by Kim added together are equivalent to the subscript of M in the claims, since M is stated to include at least one of the group listed, implying that multiple elements can be included).
Furthermore, Kim teaches in the experimental examples that NCM811 (LiNi0.8Co0.1Mn0.1O2) was used for the first cathode active material particle [124, Table 1], and NCM523 (LiNi0.5Co0.2Mn0.3O2) was used as the second cathode active material particle [126, Table 1], both of which are represented by the claimed chemical formula and are within the claimed ranges for amounts of each element.
Further regarding claims 8 and 19, modified Kim teaches the lithium secondary battery and cathode composition for said lithium secondary battery of claims 1 and 12, wherein the linear-type conductive material comprises a carbon nanotube [107, “the conductive agent may include a carbon-based material such as graphite, carbon black, graphene, carbon nanotube, etc.”]. As previously mentioned, the carbon nanotube of said conductive agent may constitute the claimed “linear-type conductive material,” the carbon nanotube being the same material taught and claimed in the instant application (see subsequent claims 8 and 19), wherein if the composition is the same, it must have the same properties (see MPEP 2112.01, II.).
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20190393479) in view of Nagai (US 20190198879) as applied to claims 1, 3, 12, and 14 above, and further in view of Kazama et al. (US 20210167396, hereinafter "Kazama").
Regarding claims 4 and 15, modified Kim teaches the lithium secondary battery and cathode composition for said lithium secondary battery of claims 1 and 12, and claims 3 and 14. Kim also teaches the cathode composition of the first cathode active material particles of claims 3 and 14 (LiaNixM1-xO2+y) wherein the range for the subscript on the Ni (or M1) could be anywhere from 0.8 to 0.95, satisfying both the claimed range and the range taught by Kim [0056]. Kim does not specifically teach, however, the second cathode active material particles with a formula of LiaNixM1-xO2+y wherein 0.8 ≤ x ≤ 0.95.
Kazama et al. teaches analogous art of a cathode, or positive electrode, active material containing a lithium-nickel composite oxide [Abstract]. Kazama teaches that the lithium-nickel composite oxide, or LiNi complex oxide, is represented by the general formula LiaNixM1-xO2, where M includes cobalt (Co), aluminum (Al), manganese (Mn), magnesium (Mg), calcium (Ca), chromium (Cr), zirconium (Zr), molybdenum (Mo), silicon (Si), titanium (Ti), iron (Fe), boron (B), copper (Cu), zinc (Zn), tin (Sn), barium (Ba), and strontium (Sr), and a and x satisfy 0.9 ≤ a ≤ 1.2 and 0.5 ≤ x ≤ 1 [0026-0027]. The range for the subscript a taught by Kazama is the same as the claimed range for subscript a, and the range for subscript x taught by Kazama encompasses the claimed range for the subscript x. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05, I.). Kazama only discloses the formula above for the cathode active material, therefore each particle would be represented by said formula.
Kazama discloses that 90 mol % to 120 mol % of lithium based on the total amount of metal other lithium in the active material enhances the charge-discharge capacity of the secondary battery [0024]. Kazama also discloses that 80 mol % to 95 mol % of nickel based on the total amount of metal other than lithium in the active material results in suppressing the deterioration of cycle characteristics of the battery.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cathode composition taught by modified Kim to include the cathode active material taught by Kazama in order to suppress the deterioration of the cycle characteristics of the lithium secondary battery.
Claims 5 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20190393479) in view of Nagai (US 20190198879) as applied to claims 1 and 12 above, and further in view of Park et al. (US 20230034497, hereinafter "Park").
Regarding claims 5 and 16, modified Kim teaches the lithium secondary battery and cathode composition for said lithium secondary battery of claims 1 and 12, wherein the second structure, here interpreted to mean the second cathode active material particle, includes a monolithic structure with a plurality of single particles attached or adhered to each other [0073, “In some embodiments, the second cathode active material particle may include a structure in which a plurality of the primary particles may be integrally merged and converted into a substantially single particle]. Kim does not specifically teach how many particles may be attached or adhered to each other.
Park teaches analogous art of a positive electrode active material and a lithium secondary battery including the same wherein the positive electrode active material is in the form of single particles [Abstract]. Park teaches that the “single particle” as disclosed refers to a single particle composed of one primary particle or an aggregate particle of 10 or less primary particles, which fully overlaps with the claimed range since at least 2 particles are needed to form an “aggregate” [0023]. The term “primary particles” refers to the smallest particle unit which is distinguished as one body [0021].
Park discloses that the disclosed positive electrode active material in the form of single particles suppresses side reactions with an electrolyte solution in a battery, thereby improving the thermal stability and resistance characteristics of the battery [0017]. Furthermore, Park discloses that the over-sintering that is performed to prepare the positive electrode active material prevents performance degradation of the battery by controlling the surface crystal structure of the material [0018].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cathode composition taught by modified Kim to include the single particles, which include aggregate particles of 2 to 10 primary particles, taught by Park in order to improve the thermal stability and resistance characteristics of the battery, to prevent performance degradation.
Claims 9-11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20190393479) in view of Nagai (US 20190198879) as applied to claims 1 and 12 above, and further in view of Lee et al. (KR 20170055637, referring to examiner-provided English translation thereof, hereinafter "Lee").
Regarding claims 9 and 20, modified Kim teaches the cathode the lithium secondary battery and cathode composition for said lithium secondary battery of claims 1 and 12, as described in the rejections of instant claims 1 and 12. Kim is silent regarding the conductive material comprising a dot-type conductive material.
Lee teaches analogous art of a positive electrode mixture for a secondary battery comprising conductive materials of different shapes [0001]. Lee teaches that a first conductive material may have a spherical or quasi-spherical shape (“dot-type”), and a second conductive material may have a linear or tubular shape [0010].
Lee teaches that when the two types of conductive materials are included in the positive electrode, the conductivity of the positive electrode as a whole is significantly improved [0012]. Lee teaches that the first conductive material having a spherical or quasi-spherical shape specifically improves the conductivity between the positive electrode active material particles [0012].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cathode composition taught by modified Kim to include a spherical or quasi-spherical shaped conductive material as taught by Lee, in order to improve the conductivity between the positive electrode material particles and the conductivity overall.
Further regarding claim 10, Kim teaches that the conductive material may include carbon black. Kim is silent regarding the carbon black being a dot-type material.
As described above, Lee teaches that the conductive material of a positive electrode may include first conductive material having a spherical or quasi-spherical shape [0010]. Lee teaches that the first conductive material may be a carbon black material [0027, “the first conductive material may be a carbon black series conductive material”].
Lee teaches that the first conductive material having a spherical or quasi-spherical shape specifically improves the conductivity between the positive electrode active material particles [0012].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cathode composition taught by modified Kim to include carbon black having a spherical or quasi-spherical shape to the conductive material as taught by Lee, in order to improve the conductivity between the positive electrode material particles.
Regarding claim 11, modified Kim teaches the cathode the lithium secondary battery and cathode composition for said lithium secondary battery of claim 1, as described in the rejection of instant claim 1. Kim is silent regarding the length of the linear-type conductive material.
Lee teaches analogous art of a positive electrode mixture for a secondary battery comprising conductive materials of different shapes [0001]. Lee teaches that a first conductive material may have a spherical or quasi-spherical shape (“dot-type”), and a second conductive material may have a linear or tubular shape [0010]. Lee further teaches that the second conductive material may have a length of 0.05 to 2.0 times the average particle diameter of the positive electrode active material particles in the positive electrode mixture [0019]. Lee teaches that the average length of the second conductive material may be specifically in the range of 0.5 µm to 50 µm, which overlaps the recited range [0019].
Lee teaches that if the length of the second conductive material is too short, it is difficult to control the position of the second conductive material, which does not improve the conductivity [0019, “If it is less than 0.05 times, it is difficult to control the position of the second conductive agent, and the effect of improving conductivity is not significant”]. Lee also teaches that if the second conductive material is too long it is difficult to position the second conductive material on the surface of the positive electrode active material particles, thereby reducing conductivity [0019, “If it is more than 2.0 times, the length of the second conductive agent is too long, making it difficult to position it on the surface of the positive electrode active material particles, and secondary structures may be formed due to interactions between the second conductive agent particles, thereby reducing conductivity”].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the cathode composition taught by modified Kim to have the length of the linear-type conductive material be within the range disclosed by Lee, in order to prevent a reduction in conductivity.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 12 regarding Seol et al. (KR 20170111746) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive. Applicant alleges that “the conductive agent actually discussed in Kim is Denka Black, which is a dot-type conductive material, not the linear-type conductive material as claimed in the amended claim 1” [Remarks, page 3]. However, "[t]he use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)) [MPEP 2123(I)]. Furthermore, “[a] reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989) (Examiner emphasis) [MPEP 2123(I)]. Therefore, even though Kim discloses other alternatives for conductive materials Kim’s disclosure of the use of carbon nanotubes as a conductive material may still be relied upon to teach a linear-type conductive material.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA F OROZCO whose telephone number is (571)272-0172. The examiner can normally be reached M-F 9-6.
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/M.F.O./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729