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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/10/2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 2/10/2026. Claims 4 and 9 have been canceled. Claims 1, 3, 5-8, 10-17 are pending. Claim 12 is withdrawn from further consideration as being drawn to a non-elected invention, in accordance with 37 CFR 1.142(b). Applicant’s arguments have been considered. Claims 1, 3, 5-8, 10, 11, 13-17 are non-finally rejected for reasons stated herein below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 5, 7, 8, 10, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Seol (US 2018/0219212) in view of Fukuchi (US 2011/0020704).
Regarding claim 1, Seol discloses a positive electrode for secondary batteries, the positive electrode comprising:
a positive electrode current collector; and
a positive electrode mixture layer disposed on the positive electrode current collector,
the positive electrode mixture layer that includes a positive electrode active material including a lithium-transition metal composite oxide,
the lithium-transition metal composite oxide including 80 mol% or more of Ni based on a total number of moles of metal elements excluding Li [0043].
Regarding claim 1, wherein the lithium-transition metal composite oxide is represented by a general formula of LiyNi(1-x)MxO2 wherein 0 <x <0.2, 0<y < 1.2, and M represents one or more elements selected from Co, Al, Mn, Fe, Ti, Sr, Ca, and B, the general formula excluding the alkaline earth metal element present on the surface of the particles in the lithium-transition metal composite oxide [0038].
Regarding claim 7, the lithium-transition metal composite oxide includes 85 mol% or more of Ni based on the total number of moles of metal elements excluding Li [0021].
Regarding claim 1, carbon fibers having an outermost diameter of 1 nm and 1.5 nm, Seol discloses carbon fibers having an outermost diameter of 15 nm or less [0052]. 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). See MPEP 2144.05.
Regarding claim 1, a content of the carbon fibers is 0.01 mass% or more and 0.05 mass% or less based on a total amount of the positive electrode active material, Seol discloses the carbon nanotubes that exhibit excellent dispersibility and conductivity due to a small strand diameter when used to fabricate an electrode. In addition, the carbon nanotubes have high purity, and thus have increased conductivity in an electrode and when applied to a battery, the carbon nanotubes may enhance battery performance, in particular, battery output characteristics at a low temperature [0087]. Example 1 discloses 0.4 wt% and example 3 discloses 0.3 wt%. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to lower the amount of the carbon nanotubes of Seol because not much may be required due to its excellent conductivity.
Regarding claim 3, the carbon fibers have a fiber length of 0.1 um or more and 20 um or less, Seol discloses as the length of the carbon nanotube units increases, electrical conductivity, strength, and lifespan characteristics of the positive electrode at room temperature and a high temperature may be enhanced. When the length of the carbon nanotube units is small, it is difficult to efficiently form a conductive path, and thus electrical conductivity of the positive electrode may be reduced. On the other hand, when the length of the carbon nanotube units is too large, dispersibility thereof may be reduced. Accordingly, in carbon nanotubes suitable for use in the present invention, the carbon nanotube units may have a length of 0.5 μm to 200 μm [0056]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the carbon nanotube length in the lower range of Seol for the benefit of having appropriate dispersibility.
Regarding claim 8, the carbon fibers include a single-walled carbon nanotube and/or a double-walled carbon nanotube [0053].
Regarding claim 1, the lithium-transition metal composite oxide including particles having a surface on which an alkaline earth metal element is present, and regarding claim 5, the alkaline earth metal element present on the surface of the particles in the lithium-transition metal composite oxide includes at least one of Ca or Sr. Fukuchi teaches a Ni-based positive active material having Ca atoms on its surface. It contributes to having excellent in cycle characteristics and safety. It also has reduced amount of residual Li2CO3 as a Li source [0010]. It is noted that Li2CO3 causes gas generation in the battery in use [0031].
Regarding claim 13, Fukuchi teaches an amount of calcium of 0.01 mol%. See Example 1 in Table 1.
Regarding claim 14, it has been considered but was not given patentable weight because the courts have held that the method of forming the product is not germane to the issue of patentability of the product itself. See MPEP 2113. Regardless, refer to Fukuchi [0069].
Regarding claim 15, the alkaline earth metal element consists of Ca. See Example 1 in Table 1.
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to add Ca atoms on the surface of Seol’s positive active material particles, as taught by Fukuchi, for the benefit of having good cycle and safety characteristics.
Regarding claim 10, Seol modified by Fukuchi teaches a secondary battery comprising a positive electrode and a negative electrode, the positive electrode being the positive electrode for secondary batteries according to claim 1.
Claims 6, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Seol (US 2018/0219212) as applied to claim 1, in view of Azami (US 2019/0280284).
Regarding claim 6, an amount of the positive electrode mixture layer disposed on the positive electrode current collector is 250 g/m2 or more, Azami discloses a coating amount range of positive electrode of 300 g/m2 to 800 g/m2 [0038]. After pressing, the density of electrode mixture layer is 3.25 g/cm3 or more or 3.7 g/cm3 or less [0039]. Seol discloses a packing density of 3.0 g/cc to 3.6 g/cc [0032]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to dispose an amount of the positive electrode mixture layer in an amount on the positive electrode of Seol, as taught by Azami, for the benefit of forming an appropriate packing density.
Regarding claim 11, the negative electrode includes a Si-containing material, Seol discloses graphite [0171]. Azami teaches a lithium secondary battery comprising a negative electrode material containing a silicon-containing material. In particular, Azami teaches silicon oxide is relative stable and is unlikely to trigger a reaction with other compounds [0043]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to use a Si-containing material as the negative electrode of Seol for the benefit of forming a stable negative electrode.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Seol (US 2018/0219212) in view of Zheng (US 2019/0252687).
Regarding claim 1, Seol discloses a positive electrode for secondary batteries, the positive electrode comprising:
a positive electrode current collector; and
a positive electrode mixture layer disposed on the positive electrode current collector,
the positive electrode mixture layer that includes a positive electrode active material including a lithium-transition metal composite oxide,
the lithium-transition metal composite oxide including 80 mol% or more of Ni based on a total number of moles of metal elements excluding Li [0043].
Regarding claim 1, wherein the lithium-transition metal composite oxide is represented by a general formula of LiyNi(1-x)MxO2 wherein 0 <x <0.2, 0<y < 1.2, and M represents one or more elements selected from Co, Al, Mn, Fe, Ti, Sr, Ca, and B, the general formula excluding the alkaline earth metal element present on the surface of the particles in the lithium-transition metal composite oxide [0038].
Regarding claim 1, carbon fibers having an outermost diameter of 1 nm and 1.5 nm, Seol discloses carbon fibers having an outermost diameter of 15 nm or less [0052]. 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). See MPEP 2144.05.
Regarding claim 1, a content of the carbon fibers is 0.01 mass% or more and 0.05 mass% or less based on a total amount of the positive electrode active material, Seol discloses the carbon nanotubes that exhibit excellent dispersibility and conductivity due to a small strand diameter when used to fabricate an electrode. In addition, the carbon nanotubes have high purity, and thus have increased conductivity in an electrode and when applied to a battery, the carbon nanotubes may enhance battery performance, in particular, battery output characteristics at a low temperature [0087]. Example 1 discloses 0.4 wt% and example 3 discloses 0.3 wt%. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to lower the amount of the carbon nanotubes of Seol because not much may be required due to its excellent conductivity.
Regarding claim 1, Seoul does not disclose the lithium-transition metal composite oxide including particles having a surface on which an alkaline earth metal element is present, and regarding claim 16, Seoul modified by Fukuchi does not teach the alkaline earth metal element consists of Sr. Zhang teaches a positive electrode material comprising a lithium transition metal oxide having a coating comprising strontium and at least one selected from silicon and titanium [0005]. The coating has a cleaning effect on insulating substances such as LiOH and Li2CO3, but does not erode the surface of the lithium composite oxide so that the active site4 of the lithium composite oxide is always at a high level, throughout the cycle. The Si, Ti or Si and Ti may prevent the active material on the surface of the lithium composite oxide from directly contacting the electrolyte, inhibiting the decomposition of the electrolyte, thereby improving the cycle stability of the lithium-ion battery [0015]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to the add the coating of Zheng to the lithium composite oxide of Seoul for the benefit of protecting Seol’s active material from direct exposure to the electrolyte.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Seol (US 2018/0219212) in view of Fukuchi (US 2011/0020704) as applied to claim 5, further in view of Zheng (US 2019/0252687).
Regarding claim 17, Seol modified by Fukuchi does not disclose the alkaline earth metal element consists of Ca and Sr. Fukuchi teaches the alkaline earth metal element consists of Ca. Zhang teaches a positive electrode material comprising a lithium transition metal oxide having a coating comprising strontium and at least one selected from silicon and titanium [0005]. The coating has a cleaning effect on insulating substances such as LiOH and Li2CO3, but does not erode the surface of the lithium composite oxide so that the active site4 of the lithium composite oxide is always at a high level, throughout the cycle. The Si, Ti or Si and Ti may prevent the active material on the surface of the lithium composite oxide from directly contacting the electrolyte, inhibiting the decomposition of the electrolyte, thereby improving the cycle stability of the lithium-ion battery [0015]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to the add the coating of Zheng to the lithium composite oxide of Seol modified by Fukuchi for the benefit of protecting Seol’s active material from direct exposure to the electrolyte.
Response to Arguments
Arguments dated 2/10/2026 are moot in view of the new grounds of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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