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 .
Claim Status
This Office action is in response to the amendment filed on 12/16/2025.
Claims 2-6, 12, 18 and 24 have been amended.
Claim 1 has been amended.
Claims 31-32 are newly added.
Claims 1-32 are currently pending, of which 13-23, 25, and 27-30 are withdrawn.
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7-8, 10-12, and 26 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. All arguments were directed towards FANG but due to the amendment of claim 1 a new search was conducted and a new grounds of rejection under USC §102(a)(1) has been made without reference to FANG and as such all arguments are moot.
Claim Rejections - 35 USC § 102
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 1-9, 12, 24, 26, and 31-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20200091515 A1, TAKEZAWA et al.
Regarding claims 1 and 8. TAKEZAWA [0021] discloses in annotated figure 2 depicted below a cathode called a positive electrode (11) comprising:
a cathode current collector called a positive electrode current collector (30); and
a cathode active material layer called a positive electrode mixture layer (32) disposed on the cathode current collector and comprising
a first surface ( top of 32a), and
a second surface opposite the first surface and adjacent to the cathode current collector ( bottom of 32b),
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wherein TAKEZAWA [0070] in Example 10 the cathode active material layer comprises a cathode active material comprising a dopant in example 10 aluminum which also satisfies the limitation of claim 8, and wherein
a concentration of the dopant decreases in a direction from the first surface to the second surface Example 10 has LiNi10.88Co0.09Al0.03O2 nearest to the surface (first surface) and LiNi0.76Co0.14Mn0.10O2 nearest to the current collector (second surface) this also yields the mol% of Al to be 0.167 mol%. In other words the dopant in this case aluminum goes from 0.167 mol% to 0 % meeting the limitations of this claim.
and the concentration of the dopant in the doped cathode active material is 0.01 mole percent to 5 mol% in the instant case the above formulas yield 0.167 mol% which is within the claimed range with sufficient specificity.
Regarding claim 2. TAKEZAWA discloses the cathode of claim 1, wherein
TAKEZAWA discloses in the annotated figure depicted below the cathode active material layer comprises a plurality of discrete layers stacked in a thickness direction from the first surface toward the second surface, in example 10 the first surface (32) has a higher concentration of Al than the second surface and wherein
TAKEZAWA [0055] each layer has a substantially uniform dopant concentration, and the concentration gradient of the dopant of the layers decreases in a discontinuous or stepwise manner in the thickness direction, such that the layer immediately adjacent the second surface possesses a lowest dopant concentration among the plurality of layers which TAKEZAWA [0021] calls the positive electrode current collector (30).
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Regarding claims 3 and 4. TAKEZAWA discloses the cathode of claim 1, wherein
TAKEZAWA [0070] discloses in example 10 and the annotated figure 2 depicted below the cathode active material layer comprises a plurality (two) of discrete layers stacked in a thickness direction, and wherein
each layer (32) has a substantially uniform dopant concentration, and
the plurality of layers (32a and 32b) comprises
a first layer called a second positive electrode mixture layer (32b) adjacent the cathode current collector (30) and
a second layer called a first positive electrode mixture layer (32a) on a side of the first layer opposite the cathode current collector, and wherein
TAKEZAWA [0070] example 10 discloses a dopant concentration of aluminum in the first layer is lower than a dopant concentration of aluminum of the second layer. This also satisfies the limitation of claim 4 where the layers are arranged such that a dopant concentration of each successive layer decreases in the direction from the first surface towards the second surface.
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Regarding claim 5. TAKEZAWA discloses the cathode of claim 3, wherein
the plurality of layers comprises discrete layers L1 (32b) to Ln (32a), wherein
L1 (32b) is adjacent to the current collector (30) and Ln (32a) is on a side of the plurality of layers opposite the current collector which is called the first surface of (32a) in claim 1, wherein
each layer of the plurality of layers has a dopant concentration in this case aluminum (0%) C1 to Cn (Al is 0.167 mol%) corresponding to layers L1 (0% in 32b) to Ln (Al is 0.167 mol% in 32a), respectively, and
wherein the dopant concentrations C1 to Cn satisfy Formula 1:
Formula 1:
0 ≥ C(n-1) < Cn
wherein n is 2 to 1000 in this case of TAKEZAWA example 10 (n is 2).
Regarding claim 6. TAKEZAWA discloses the cathode of claim 5, wherein the dopant concentration of each of C1 to Cn is less than 10 mole percent, based on a total content of each discrete layer TAKEZAWA [0070] discloses in example 10 Al is between 0 and 0.167 mol%.
Regarding claims 7. The cathode of claim 1, wherein the dopant comprises a Group 2 to Group 16 elements belonging to the third period to sixth period of the Periodic Table of the Elements, boron, or a combination thereof TAKEZAWA [0070] discloses in example 10 Aluminum thereby also satisfying the limitations of claim 8.
Regarding claim 9. TAKEZAWA discloses the cathode of claim 1. TAKEZAWA [0023] discloses the cathode active material layer preferably includes a binding agent. It is the position of the office that TAKEZAWA envisions the use of a binder-free layer.
Regarding claim 12. TAKEZAWA discloses the cathode of claim 1, wherein
the cathode active material layer comprises a compound represented by Chemical Formulas 1 to 4, or a combination thereof, thereof, wherein the compound includes the dopant incorporated into its structure:
Chemical Formula 1 is represented by TAKEZAWA [0024] where LixNiyCoαAlβMγO2-z wherein x, y, α, β, γ and z satisfy 0.95<x<1.2, 0.82≤y<1, 0<α≤0.15, 0<β≤0.03, 0≤γ≤0.02, y+α+β+γ=1, and 0≤z<0.05, which satisfies the limitation in the instantly claimed invention of claim 12
LiaCoxMyO2-αXα wherein, in Chemical Formula 1,
1.0≤ a ≤1.2, 0.9≤ x <1, 0< y ≤0.1, 0≤ α ≤0.2, and x+y=1,
When M is nickel, and manganese, and
X is F, S, Cl, Br, or a combination thereof;
Regarding claim 24. TAKEZAWA discloses the cathode of claim 1. While TAKEZAWA [0023] discloses wherein the cathode active material layer may include a conductive agent, and may can be considered optional thus, TAKEZAWA [0025] envisions the use of a cathode active material layer that is a conductive-agent-free layer.
Regarding claim 26. TAKEZAWA [0007] discloses an electrochemical cell called a secondary battery comprising:
[0007] the cathode called a positive electrode according the rejection of claim 1 above;
[0007] an anode called a negative electrode;
[0015] a separator (13) between the cathode and the anode; and
[0007] an electrolyte in a pore [0048] of the separator in the form of “a porous sheet having ion permeability and insulating property.”
Regarding claim 31. TAKEZAWA [0021] discloses in annotated figure 2 depicted below a cathode called a positive electrode (11) comprising:
a cathode current collector called a positive electrode current collector (30); and
a cathode active material layer called a positive electrode mixture layer (32) disposed on the cathode current collector and comprising
a first surface(top of 32a), and
a second surface (bottom of 32b) opposite the first surface and adjacent to the cathode current collector,
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wherein TAKEZAWA [0024] discloses the cathode active material layer comprises a compound represented by Chemical Formula 1 wherein
the compound represented by Chemical Formulas 1 includes the dopant represented by M, and a concentration of the dopant decreases (in this case aluminum) in a direction from the first surface at the top of (32a) to the second surface on the bottom of (32b),
Chemical Formula 1 is represented by TAKEZAWA [0024] where LixNiyCoαAlβMγO2-z wherein x, y, α, β, γ and z satisfy 0.95<x<1.2, 0.82≤y<1, 0<α≤0.15, 0<β≤0.03, 0≤γ≤0.02, y+α+β+γ=1, and 0≤z<0.05, which satisfies the limitation in the instantly claimed invention of claim 31
LiaCoxMyO2-αXα wherein, in Chemical Formula 1,
1.0≤ a ≤1.2, 0.9≤ x <1, 0< y ≤0.1, 0≤ α ≤0.2, and x+y=1,
When M is nickel, and manganese, and
X is F, S, CI, Br, or a combination thereof.
Regarding claim 32. TAKEZAWA [0021] discloses in annotated figure 2 depicted below a cathode called a positive electrode (11) comprising:
a cathode current collector called a positive electrode current collector (30); and
a cathode active material layer called a positive electrode mixture layer (32) disposed on the cathode current collector and comprising
a first surface, and
a second surface opposite the first surface and adjacent to the cathode current collector, wherein
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wherein TAKEZAWA [0070] in Example 10 the cathode active material layer comprises a cathode active material (32) comprising a dopant in TAKEZAWA example 10 aluminum, and wherein
a concentration of the dopant decreases in a direction from the first surface to the second surface TAKEZAWA Example 10 has LiNi10.88Co0.09Al0.03O2 nearest to the surface (first surface) and LiNi0.76Co0.14Mn0.10O2 nearest to the current collector (second surface).
TAKEZAWA [0023] discloses the cathode active material layer preferably includes a binding agent. It is the position of the office that TAKEZAWA envisions the use of a binder-free layer thereby anticipating the limitations of the claim.
Claim Rejections - 35 USC § 102/35 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 10 and 11 are rejected under 35 U.S.C. 102(a)(1) anticipated by and 103 as obvious over US 20200091515 A1, TAKEZAWA et al.
Regarding claims 10 and 11. TAKEZAWA discloses the cathode of claim 1.
TAKEZAWA does not explicitly disclose wherein the cathode active material layer comprises
a cathode active material, and
the cathode active material comprises monocrystalline particles or polycrystalline particles, and
the dopant is homogeneously distributed within the monocrystalline particles or the polycrystalline particles in claim 10 and,
wherein a density of the cathode active material layer is about 4.0 grams per cubic centimeter to about 4.9 grams per cubic centimeter as per claim 11.
However, TAKEZAWA [0042] discloses the cathode active material called the positive electrode active material is made by “Firstly, a second positive electrode mixture layer 32b is formed by applying and drying a slurry for the second positive electrode mixture layer including a compound A and a compound B and other components onto a positive electrode current collector 30, and the formed second positive electrode mixture layer 32b is subjected to rolling process. Next, a first positive electrode mixture layer 32a is formed by applying and drying a slurry for the first positive electrode mixture layer including a compound A onto the second positive electrode mixture layer 32b, and the formed first positive electrode mixture layer 32a is subjected to rolling process. Thus, a positive electrode 11 can be obtained.” The instant specification [0168] reads “A first cathode active material sheet having a thickness of 20 µm was prepared by applying a slurry on a transfer belt by using the tape casting method and then forming the slurry in the form of a sheet, followed by drying…”
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
TAKEZAWA does not explicitly disclose the properties as claimed in the instant application, however because TAKEZAWA mixes a slurry of positive active material on a currant collector and allowed to dry it would be reasonable to conclude that the properties of the cathode active material comprises monocrystalline particles or polycrystalline particles, and that the dopant is homogeneously distributed within the monocrystalline particles or the polycrystalline particles from TAKEZAWA would also be the same as in the instantly claimed invention as well as the instantly claimed density from claim 11 to also be the same.
Furthermore, it would have been obvious for one of ordinary skill in the art before the effective filing date to have applied an active material slurry on a foil current collector for the instantly claimed density from claim 11 to also be the same.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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/L.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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