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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/04/2026 has been entered.
Response to Remarks
Applicant’s amendments/arguments filed on 04/22/2026 have been fully considered and are persuasive with respect to the previous prior art rejection of claim 1. Thus the previous prior art rejections of claims 1-9 under 35 U.S.C. 103 based on Lim in view of Kim and claims 11-15 under 35 U.S.C. 103 based on Lim in view of Kim and further in view of Kim II have been withdrawn.
However, in light of the amendments a new search was conducted, and a new grounds of rejection was made below based on newly identified prior art and/or newly applied combinations. Applicant’s arguments in regards to the prior grounds of rejection do not overcome the new rejections of claims 1-9 and 11-15 below.
Summary
This is a continued examination non-final office action for application 17/893,044 in response to the amendments filed on 04/22/2026. Claims 1-9 and 11-15 are under examination.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2021-0113346 filed on 08/26/2021.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 08/22/2022, 04/04/2023, 11/14/2023, 01/16/2025, 04/22/2025, 06/24/2025, 07/24/2025, 11/04/2025, 12/18/2025, 04/16/2026, 06/09/2026 and 06/17/2026 are being considered by the examiner.
Claim Rejections - 35 USC § 103
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (KR-2019-0127412-A) and further in view of Shatunov et al. (US-20160351963-A1).
Regarding Claim 1, Lim discloses a rechargeable lithium battery (see e.g. "rechargeable lithium battery" in the paragraph starting with "1 is an exploded" on page 13 and FIG. 1 of Lim), comprising a positive electrode comprising:
a positive active material (see e.g. FIG 1 and "The positive electrode includes a positive electrode active material layer" in the paragraph starting with "The positive electrode" on page 11 of Lim);
a negative electrode comprising a negative active material (see e.g. FIG. 1 and "The negative electrode includes a negative electrode active material layer" in the paragraph starting with "The negative electrode" on page 12 of Lim); and
an electrolyte solution comprising a non-aqueous organic solvent, a lithium salt, and an additive (see e.g. "Solvent: Ethylene carbonate: Propylene carbonate: Ethyl propionate: Propyl propionate (volume ratio of EC: PC: EP: PP = 2: 1: 4: 3)... Salt: LiPF6 1.0 M..." in Example 1 on page 14 and "Lithium was prepared in the same manner as in Example 1, except that the contents of 1,3-propanesultone and 2-fluoro-1,3,2-dioxaphosphorane were changed to 0 wt% and 1 wt%, respectively" in Comparative Example 4 on page 15 of Lim; 2-fluoro-1,3,2-dioxaphosphorane is the only additive in this example),
wherein the additive comprises a compound represented by 2-fluoro-1,3,2-dioxaphospholane (see e.g. "0.5% by weight of 2-fluoro-1,3,2-dioxaphosphorane" in Example 1 on page 14 of Lim and 2-fluoro-1,3,2-dioxaphosphorale image from PubChem on NIH.gov below) (Here the prior art discloses the case when R1-R6 of the instant application is hydrogen and n is 0).
Lim further discloses a negative electrode comprising graphite (see e.g. “any carbon-based negative electrode active material generally used in a lithium ion secondary battery may be used… Examples of the crystalline carbon include graphite” in paragraph beginning with “As a material” on page 12 of Lim) and separately discloses Si-C composites as suitable negative active materials (see e.g. “The lithium doped and undoped materials include Si, Si-C composites, SiOx (0 < x < 2)” in the paragraph starting with “The lithium doped” on page 12 of Lim). It would have been obvious to one of ordinary skill in the art at the time of the invention to combine graphite with a Si composite in the negative active material layer because the reference expressly contemplates mixing various known negative active materials to improve performance.
Lim does not disclose that the additive further comprises succinonitrile and the positive active material comprises at least one lithium composite oxide represented by Chemical Formula 3: LiaNixCoyM1zM2tO2 wherein, in Chemical Formula 3: 0.9 ≤ a < 1.2, 0.8 ≤ x < 1.0, 0 < y ≤ 0.2, 0 < z ≤ 0.2, x + y + z = 1, t = 0 and M1 is Al.
Shatunov, however, in the same field of endeavor, electrolyte additives for lithium batteries, discloses an centrocyte with an additional additive being succinonitrile (see e.g. "The electrolyte for a lithium battery may further include an additional additive.. Examples of the additional additive may include... succinonitrile (SN)" in paragraph [0084]-[0085] of Shatunov).
Shatunov further discloses a positive active material that has a composition of LiNi0.88Co0.105Al0.015O2 (see e.g. "A cathode active material powder having a composition of LiNi0.88Co0.105Al0.015O2" in paragraph [0144] of Shatunov). It is clear that when a = 1, x = 0.88, y = 0.105, z = 0.015 and M1 is Al in Chemical Formula 3 of the instant application the claimed positive active material becomes LiNi0.88Co0.105Al0.015O2 and x + y + z = 1 which is the same species disclosed by the Shatunov.
Thus Shatunov discloses points that lie within the ranges claimed by the instant application. In the case where the prior art discloses a point within a claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Shatunov also teaches that an additional additive such as succinonitrile contributes to the formation of a stable SEI or film on an electrode surface which improves electrochemical characteristics of the electrolyte (see e.g. paragraph [0084] of Shatunov). Shatunov further teaches that batteries utilizing a positive active material such as LiNi0.88Co0.105Al0.015O2 demonstrated an improvement in storage and lifetime characteristics (see e.g. paragraph [0152] of Shatunov). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrolyte solution and positive active material of Lim et al. such that the electrolyte solution further includes succinonitrile as an additional additive and the positive active material comprises a lithium composite oxide such as LiNi0.88Co0.105Al0.015O2 as taught by Shatunov et al. in order to form a stable SEI on an electrode surface and improve storage and lifetime characteristics of the battery as suggested by Shatunov.
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(2-fluoro-1,3,2-dioxaphosphorale, chemical structure depiction, PubChem)
Regarding Claim 2, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 1 (see e.g. claim 1 rejection above).
Lim further discloses that the electrolyte additive compound is 2-fluoro-1,3,2-dioxaphospholane (see e.g., "1.0% by weight of 2-fluoro-1,3,2-dioxaphosphorane" in Comparative Example 4 on page 15 of Lim and 2-fluoro-1,3,2-dioxaphosphorale image from PubChem on NIH.gov below). Here the prior art discloses the case when R1-R6 of the instant application is hydrogen.
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(2-fluoro-1,3,2-dioxaphosphorale, chemical structure depiction, PubChem)
Regarding Claim 3, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 2 (see e.g. claim 2 rejection above).
Lim further discloses that electrolyte additive compound can be formula 1-1A and 1-1B (see e.g., Formula 1-1A and 1-1B on page 23 and [Formula 1-1A] [Formula 1-1B] on page 3 of Lim). Lim further discloses that R1 to R6 are each independently hydrogen, a substituted or unsubstituted C1 to C10 alkyl group, a substituted or unsubstituted C1 to C10 alkoxy group, a substituted or unsubstituted C2 to C10 alkenyl group, or a substituted or unsubstituted C2 to C10 alkynyl group (see e.g. "R1 to R6 are each independently hydrogen, a substituted or unsubstituted C1 to C10 alkyl group, a substituted or unsubstituted C1 to C10 alkoxy group, a substituted or unsubstituted C2 to C10 alkenyl group, or a substituted or unsubstituted C2 to C10 alkynyl group." on page 7 of Lim). In this case Lim discloses a species where in Formula 1-1A R3 and R4 can each be hydrogen and R5 and/or R6 can be substituted with a substituted or unsubstituted C1 to C10 alkyl group, a substituted or unsubstituted C1 to C10 alkoxy group, a substituted or unsubstituted C2 to C10 alkenyl group, or a substituted or unsubstituted C2 to C10 alkynyl group.
Regarding Claims 4 and 5, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 1 (see e.g. claim 1 rejection above).
Lim further discloses that the electrolyte additive compound is 1.0 parts by weight (see e.g., "1.0% by weight of 2-fluoro-1,3,2-dioxaphosphorane" in Comparative Example 4 on page 15 and ""wt%" in the electrolyte composition is based on the total content of the electrolyte.)" in Example 1 on page 14 of Lim).
Lim discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 6, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 1 (see e.g. claim 1 rejection above).
Lim further discloses that the electrolyte additive compound is 2-fluoro-1,3,2-dioxaphospholane (see e.g., "1.0% by weight of 2-fluoro-1,3,2-dioxaphosphorane" in Comparative Example 4 on page 15 of Lim and 2-fluoro-1,3,2-dioxaphosphorale image from PubChem on NIH.gov below).
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(2-fluoro-1,3,2-dioxaphosphorale, chemical structure depiction, PubChem)
Regarding Claim 7, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 1 (see e.g. claim 1 rejection above).
Lim further discloses that the additive further comprises vinylene carbonate (see e.g. "The electrolyte may further include vinylene carbonate or an ethylene-based carbonate compound" in the paragraph starting with "The electrolyte" on page 5 of Lim), fluoroethylene carbonate (see e.g. "fluoroethylene carbonate" in the paragraph starting with "Representative" on page 10 of Lim), difluoroethylene carbonate, chloroethylene carbonate, dichloroethylene carbonate, bromoethylene carbonate, dibromoethylene carbonate, nitroethylene carbonate, cyanoethylene carbonate (see e.g. "difluoro ethylene carbonate, chloroethylene carbonate, dichloroethylene carbonate, bromoethylene carbonate, dibromoethylene carbonate, nitroethylene carbonate, cyanoethylene carbonate" in the paragraph starting with "Representative" on page 10 of Lim), LiBF4 (see e.g. "LiBF4" in the paragraph starting with "The lithium salt" on page 11of Lim).
Regarding Claim 8 and 9, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 1 (see e.g. claim 1 rejection above).
Lim does not disclose that the positive active material comprises at least one composite oxide represented by Chemical Formula 3.
Shatunov, however, discloses a positive active material that has a composition of LiNi0.88Co0.105Al0.015O2 (see e.g. "A cathode active material powder having a composition of LiNi0.88Co0.105Al0.015O2" in paragraph [0144] of Shatunov). Thus Shatunov expressly discloses that x = 0.88.
Shatunov discloses a point that lie within the range claimed by the instant application. In the case where the prior art discloses a point within a claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Shatunov also teaches that batteries utilizing a positive active material such as LiNi0.88Co0.105Al0.015O2 demonstrated an improvement in storage and lifetime characteristics (see e.g. paragraph [0152] of Shatunov). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the positive active material of Lim et al. such that the positive active material comprises a lithium composite oxide such as LiNi0.88Co0.105Al0.015O2 as taught by Shatunov et al. in order to improve storage and lifetime characteristics of the battery as suggested by Shatunov.
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (KR-20190127412-A) in view of Shatunov et al. (US-20160351963-A1) as applied to claim 1 above, and further in view of Kim et al. (US-20200373617-A1), hereinafter referred to as Kim II.
Regarding Claim 11, Lim in view of Shatunov discloses the rechargeable lithium battery of claim 1 (see e.g. claim 1 rejection above).
Lim in view of Shatunov does not disclose that the Si composite comprises a core comprising at least one Si-based particle and an amorphous carbon coating layer.
Kim II, however, in the same field of endeavor, rechargeable lithium secondary batteries with Si-C composite negative active materials and non-aqueous electrolyte comprising an organic solvent, lithium salt, and additive, discloses a Si-C composite with a core comprising crystalline carbon and silicon particles and an amorphous carbon coating layer disposed on the surface of the core (see e.g. paragraph [0049] of Kim II).
Kim II teaches that a lithium secondary battery including the negative electrode active material may exhibit excellent room-temperature and high-temperature cycle-life characteristics (see e.g. paragraph [0051] of Kim II). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the Si composite of Lim et al. in view of Shatunov et al. such that it comprises a core comprising at least one Si-based particle and an amorphous carbon coating layer as taught by Kim II et al. in order to have a negative electrode active material that exhibits excellent room temperature and high temperature cycle life characteristics as suggested by Kim II.
Regarding Claim 12, Lim in view of Shatunov and further in view of Kim II discloses the rechargeable lithium battery of claim 11 (see e.g. claim 11 rejection above).
Lim in view of Shatunov does not disclose that the core comprising the at least one Si-based particle comprises at least one selected from a Si particle, a Si-C composite, SiOx(0<x< 2), and a Si alloy.
Kim II, however, discloses that the core comprising the at least one Si-based particle comprises a silicon-carbon composite, a silicon particle, SiOx (0<x<2), and a Si-Q alloy (wherein Q is an element selected from an alkali metal, an alkaline-earth metal, a Group 13 element, a Group 14 element, a Group 15 element, a Group 16 element, a transition metal, a rare earth element, and a combination thereof, and not Si) (see e.g., paragraphs [0047 - [049] of Kim II).
Kim II teaches that a lithium secondary battery including the negative electrode active material may exhibit excellent room-temperature and high-temperature cycle-life characteristics (see e.g., paragraph [0051] of Kim II). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the Si composite of Lim et al. in view of Shatunov et al. such that the core comprises at least one Si-based particle comprises a silicon-carbon composite, a silicon particle, SiOx (0<x<2), and a Si-Q alloy as taught by Kim II et al. in order to have a negative electrode active material that exhibits excellent room temperature and high temperature cycle life characteristics as suggested by Kim II.
Regarding Claim 13, Lim in view of Shatunov and further in view of Kim II discloses the rechargeable lithium battery of claim 12 (see e.g. claim 12 rejection above).
Lim in view of Shatunov does not disclose that the Si composite comprises a core.
Kim II, however, discloses that the center region of the core comprises pores (see e.g. "In the silicon-carbon composite, the core may further include pores." in paragraph [0049] of Kim II).
Kim II teaches that a lithium secondary battery including the negative electrode active material may exhibit excellent room-temperature and high-temperature cycle-life characteristics (see e.g., paragraph [0051] of Kim II). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the Si composite of Lim et al. in view of Shatunov et al. such that it comprises a core as taught by Kim II et al. in order to have a negative electrode active material that exhibits excellent room temperature and high temperature cycle life characteristics as suggested by Kim II.
Regarding Claim 14, Lim in view of Shatunov and further in view of Kim II discloses the rechargeable lithium battery of claim 13 (see e.g. claim 13 rejection above).
Lim in view of Shatunov does not disclose that the Si composite comprises a core.
Kim II, however, discloses that the average diameter of the silicon particles is 10 nm to 200 nm (see e.g. "The average particle diameter (D50) of the silicon particles may desirably be 10 nm to 200 nm." in paragraph [0049] of Kim II). Kim II further discloses that the thickness of the amorphous carbon coating layer is 5 nm to 100 nm (see e.g., "the thickness of the amorphous carbon coating layer may be 5 nm to 100 nm" in paragraph [0049] of Kim II).
Assuming the radius of the silicon particle (5 nm to 100 nm) represents the radius of the center region of the core and the radius of the silicon particles and the radius of the amorphous carbon coating (2.5 nm to 50 nm) represent the total radius of the negative active material (in this case the total radius of the negative active material is between 7.5 nm to 150 nm), it would be obvious to a person of ordinary skill in the art that if the radius of the silicon particle is 5 nm and the radius of the negative active material particle is 15 nm (i.e. the amorphous carbon coating is 10 nm thick) then the center region of the core would correspond to 30% of the total radius of the negative electrode active material (5/15 = 0.30). Similarly, if the radius of the silicon particle is 75 nm and the total radius of the negative active material is 150 nm (i.e., the amorphous carbon coating layer is 75 nm) then the center region of the core would correspond to 50% of the total radius of the negative electrode (75/150 = 0.50).
Kim II discloses a range that overlaps with the range claimed by the instant application. In the case where the prior art discloses a that overlaps with the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Kim II teaches that a lithium secondary battery including the negative electrode active material may exhibit excellent room-temperature and high-temperature cycle-life characteristics (see e.g., paragraph [0051] of Kim). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the Si composite of Lim et al. in view of Shatunov et al. such that the average diameter of the silicon particles is 10 nm to 200 nm and the thickness of the amorphous carbon coating layer is 5 nm to 100 nm as taught by Kim II et al. in order to have a negative electrode active material that exhibits excellent room temperature and high temperature cycle life characteristics as suggested by Kim II.
Regarding Claim 15, Lim in view of Shatunov and further in view of Kim II discloses the rechargeable lithium battery of claim 13 (see e.g. claim 13 rejection above).
Lim in view of Shatunov does not disclose that the Si composite comprises a core.
Kim II, however, discloses that the core is made up of crystalline carbon and silicon particles (see e.g. "The silicon-carbon composite may be a silicon-carbon composite including a core including crystalline carbon and silicon particles" in paragraph [0049] of Kim II) and that the amorphous carbon exists only on the surface of the core (see e.g., "an amorphous carbon coating layer disposed on the surface of the core." in paragraph [0049] of Kim II).
Kim II teaches that a lithium secondary battery including the negative electrode active material may exhibit excellent room-temperature and high-temperature cycle-life characteristics (see e.g. paragraph [0051] of Kim II). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filling date of the claimed invention, to modify the Si composite of Lim et al. in view of Shatunov et al. such that the core is made up of crystalline carbon and silicon and that the amorphous carbon exists only on the surface of the core as taught by Kim II et al. in order to have a negative electrode active material that exhibits excellent room temperature and high temperature cycle life characteristics as suggested by Kim II.
Conclusion
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/J.J.E./Examiner, Art Unit 1723
/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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