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 and remarks filed on 6/11/2025.
Claims 1, 3 and 4 have been amended.
Claims 1-12 are currently pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/11/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant’s arguments, see the top of page 8, filed 6/11/2025, with respect to the objection to the title has been fully considered and are persuasive. The objection of the disclosure over the title has been withdrawn.
Applicant's arguments filed 6/11/2025 have been fully considered but they are not persuasive.
Applicant argues at the top of page 10 of the remarks that the electrode active material layer is restricted to a single layer on the electrode of the olivine-structured and the layered structured lithium oxide active material. The disclosure of the instant application teaches that the defining characteristic to allow for a single layer on the electrode is due to the range of the γ being between 0.33 and 0.84. LEE discloses a γ=0.43 which is within the range disclosed in the instant application so that difference between the claimed invention and the reference is merely a rearrangement of parts without any new or unexpected results.
Specification
In light of the amendments to the specification regarding the minor informalities the objections to the specification are withdrawn.
Claim Objections
In light of the amendments to the claims the objections of claims 3 and 4 have been withdrawn. It should be noted however, that the apparent objection to claim 2 in the office action dated 3/14/2025 was a typographical error.
Claim Rejections - 35 USC § 112
In light of the amendments to the claims the rejections under 112(b) are withdrawn.
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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190267621 A1, LEE et al., in view of US 20220238862 A1, HIGUCHI et al.
Regarding claim 1. LEE teaches a positive electrode [title] for a lithium ion secondary battery [abstract] comprising a positive electrode current collector and a positive electrode mixture layer formed on one surface or both surfaces of the positive electrode current collector [0014], wherein
the positive electrode mixture layer comprises
a first positive electrode active material which is a lithium composite oxide with a layered structure [0049],
a second positive electrode active material which is a polyanionic compound with an olivine type structure [0033]
conductive agent [0015], and a binder [0045],
LEE [0041] teaches a weight percent for the first active material layer between 10-90 wt% and 40-98.9 wt % for the second active material. For example, if β=50 then γ=0.5 and if β=30 then γ=0.43 which is within the limitations.
LEE does not teach the positive electrode mixture layer has a single layer structure and an average secondary particle diameter of the first positive electrode active material is r1, and an average secondary particle diameter of the second positive electrode active material is r2, a relationship r1> r2 is satisfied,
HIGUCHI teaches a non-aqueous electrolyte secondary battery comprising a first positive electrode active material having a diameter of r1, and a secondary particle having a diameter of r2, in a relationship wherein r1 > r2. HIGUCHI specifically [0112] teaches the first diameter to be 2 μm to 6 μm and the second particle diameter to be 15 μm to 20 μm, thereby satisfying r1 > r2.
HIGUCHI further teaches [0004] “forming a positive electrode active material as a mixture of large particles and small particles is considered, for example. With the small particles thus mixed, the reaction area of the positive electrode active material is increased. With the reaction area thus increased, lithium (Li) ion insertion reaction may be facilitated. That is, output properties are expected to be enhanced.”
As to LEE not teaching the single layer structure on the positive electrode it is held the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
LEE teaches the same active materials within the same weight percent wherein the γ=0.43 which is within the alleged critical range of 0.33 and 0.84 taught by the applicant.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have combined the two positive active materials disclosed by LEE with the particle sizes taught by HIGUCHI in order to increase the reaction area of the positive electrode active materials.
Regarding claim 2. Modified LEE discloses the positive electrode for the lithium ion secondary battery of claim 1, wherein the lithium composite oxide with a layered structure which is the first positive electrode active material (LEE refers to this as the second active material) is represented by a general formula LiaM1O2, where M1 is one or more transition metals selected from the group consisting of Co, Ni, Mn, and Al, and a is 0.9 ≤ a ≤ 1.1. LEE discloses [0049] “The second positive electrode active material layer may include a layer-structured second positive electrode active material with high-capacity characteristics represented by Formula 2.
[Formula 2]: Li1+x(NiaCobM′c)1−xO2 [0050] In Formula 2, M′ is at least one element selected from the group consisting of Mn, Al, Ti, Ga, Cu, V, Nb, Zr, Ce, In, Zn, and Y, 0<a<1, 0<b<1, 0<c<1, and −0.1≤x≤0.2.
If x=0, a=0.5, b=0.2, c=0.3 and M’= Mn then
(example 1 of the instant speciation LiNi-0.5Co0.2Mn0.3O2 would be true) meeting the limitation of claim 2
Regarding claims 3 and 4. Modified LEE discloses the positive electrode for the lithium ion secondary battery of claim 1 (and claim 2 for the case of claim 4), wherein the polyanionic compound with an olivine type structure which is the second positive electrode active material is represented by a general formula LibM2PO4, where M2 is one or more transition metal selected from the group consisting of Fe and Mn, and 0.9 ≤ b ≤ 1.1. LEE teaches [0033] The first positive electrode active material layer (second in the instant application) may include a first positive electrode active material having a structurally stable olivine structure. Specifically, the first positive electrode active material layer may include an olivine-structured first positive electrode active material represented by Formula 1.
[Formula 1]: Li1+a1Fe1−x1Mx1(PO4−y1)Xy1 [0034] In Formula 1, [0035] M is at least one element selected from the group consisting of aluminum (Al), magnesium (Mg), nickel (Ni), cobalt (Co), manganese (Mn), titanium (Ti), gallium (Ga), copper (Cu), vanadium (V), niobium (Nb), zirconium (Zr), cerium (Ce), indium (In), zinc (Zn), and yttrium (Y), X is at least one element selected from the group consisting of fluorine (F), sulfur (S), and nitrogen (N), −0.5≤a1≤0.5, 0≤x1≤0.5, and 0≤y1≤0.3.
If a1=0, x1=0.5, y1=0 and M is Mn then,
(Example 1 of the instant specification LiMn0.5-Fe0.5PO4 would be true) (which also reads on claim 4)
Regarding claims 5, 6 and 7. Modified LEE discloses the positive electrode for the lithium ion secondary battery of claim 1 (also claim 2 as applied to claim 6, and claim 3 as applied to claim 7), wherein HIGUCHI discloses the average secondary particle diameter (r1) of the first positive electrode active material is 9 µm or more and 15 µm or less HIGUCHI [0021] discloses 15 -20µm, for r1 and the average secondary particle diameter (r2) of the second positive electrode active material is smaller than r1( 2-6 µm).
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).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used 9-15 µm as the claimed range as claimed in claims 5, 6 and 7 of the instant application in order to increase the reaction area taught by HIGUCHI.
Regarding claim 8-12. Modified LEE discloses a lithium ion secondary battery comprising the positive electrode for the lithium ion secondary battery of claims 1-5, a negative electrode which is capable of absorbing and releasing lithium ions as also disclosed by LEE [0062], and non-aqueous electrolyte [0070] which LEE calls an organic liquid electrolyte.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20070281214 A1, SARUWATARI et al. where it is disclosed that "The active material layer contains first active material particles having an average particle diameter of 1 .mu.m or less and a lithium diffusion coefficient of 1.times.10.sup.-9 cm.sup.2/sec or less at 20.degree. C., and second active material particles having an average particle diameter of 2 to 50 .mu.m."
HYBRID ELECTRIC VEHICLE SYSTEM MODELING AND CONTROL by Wei LIU where LIU teaches the varying structures of lithium compounds and their preferred usages section 2.3.2.3 Lithium-ion (Li-ion) Batteries page 27.
THIS ACTION IS MADE FINAL. 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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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727