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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/27/2026 has been entered.
Response to Amendment
In response to the amendment received on 2/27/2026:
Claims 1-4 and 6-8 are pending in the current application. Claims 1, 2, and 6 have been amended and Claim 5 is canceled.
The cores of the previous prior art-based rejections have been maintained in light of the amendment and reworded only to reflect amended claim limitations. All changes made to the rejection are necessitated by the amendment.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Response to Arguments
Applicant’s arguments have been fully considered. Arguments directed towards newly amended claim limitations have been addressed in the rejection below.
Arguments directed at amended Claim 1
Applicant argues that unexpected results are sufficient to overcome the obviousness rejection.
However, the alleged unexpected results are not explained/data is not shown clearly pointing out the unexpected results. "[A]ppellants have the burden of explaining the data in any declaration they proffer as evidence of non-obviousness." Ex parte Ishizaka, 24 USPQ2d 1621, 1624 (Bd. Pat. App. & Inter. 1992) (see MPEP 716.02(b)).
Applicant argues that a skilled artisan would not substitute Nb or Zr for the metallic element M2 of Morita because Morita uses an alkaline earth metal (Mg) while Nb and Zr are transition metals.
The examiner respectfully disagrees. While Morita does use Mg in multiple examples, Morita also discloses various transition metals may be used (see paragraph [0076]), and as such a skilled artisan would have a reasonable expectation of success when using a transition metal such as Nb or Zr for the metallic element M2 of Morita.
Applicant argues that the concentration gradient for Nb of Kawasaki differs from the concentration gradient of Morita and therefore a skilled artisan would not conceive of using Nb as the metallic element M2 of Morita.
The examiner respectfully disagrees. Kawasaki teaches that Nb may be used in a concentration gradient to allow a protective region and region facilitating the diffusion of lithium to be formed, resulting in better output characteristics (see paragraphs [0013] and [0018]). A skilled artisan is capable of using the teaching of Nb being used in gradient of Kawasaki with the teaching of Morita of the appropriate concentration gradient. "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397.
Claim Rejections - 35 USC § 103
Claims 1-4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Morita et al. US-20130323596-A1 (hereinafter referred to as Morita) in view of Kono et al. US-20110269018-A1 (hereinafter referred to as Kono), Kawasaki et al. US-20190097226-A1 (hereinafter referred to as Kawasaki), and Park et al. Us-20150037680-A1 (hereinafter “Park”).
Regarding Claims 1 and 8, Morita discloses a positive electrode active material for a non-aqueous electrolyte secondary battery (cell), including a lithium-transition metal composite oxide (see abstract and paragraphs [0002]-[0003], [0080]-[0081], and [0145]), wherein
the lithium-transition metal composite oxide is secondary particles each formed by aggregation of primary particles (see paragraph [0080]-[0081]),
the lithium-transition metal composite oxide contains at least one metal element M1 (see paragraphs [0073]-[0077] and [0080]-[0081]). Morita further discloses a specific lithium composite oxide with the formula LiCo0.98Al0.01Mg0.01O2 (see paragraphs [0196]-[0198]), which a skilled artisan would recognize comprises metal element M1 (in this case Mg) in an amount of 1 mol% based on the total molar amount of the metal elements excluding Li.
Morita additionally discloses when a thickness range from surfaces to 10 nm of the primary particles is defined as a shell and an inside thereof is defined as a core (Morita discloses a depth may be 10 nm, the depth being from the center to the surface, and a skilled artisan is capable of designating the areas as the core and the shell) (see abstract and paragraphs [0017], [0040], and [0260]). Morita further discloses the concentration in the shell (surface) is greater than the concentration in the core (center), so a skilled artisan would expect the ratio of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core to be 1.01 or more (see abstract and paragraphs [0017], [0040]-[0044] and [0073]-[0077]). Additionally, Morita discloses a molar fraction r(%) of the metal from a center to the surface of each particle satisfies the formula 0.20≤r≤0.80 (see paragraphs [0040]-[0044] and [0073]-[0077]), which would lead to a ratio that would overlap with and render obvious the claimed range of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core of 4 or more and 17 or less or 9 or more and 14 or less.
Morita also discloses the appropriate molar fraction ratio results in high capacity retention and high-temperature preservability capacity, and that if the ratio is not in the appropriate range, these effects are not shown (see paragraphs [0169]-[0181], [0260], [0266], and [0273] and Tables 3-4). As such, the concentration is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). A skilled artisan would therefore be capable of arriving at a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core of 4 or more and 17 or less or 9 or more and 17 or less (meeting Claim 1 and Claim 8).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein a ratio of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core is 4 or more and 17 or less or 9 or more and 14 or less, in order to achieve the appropriate amount of M1 and ensure high capacity retention and high-temperature preservability capacity.
Morita is silent on the lithium-transition metal composite oxide containing 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li.
However, in the same field of endeavor of positive electrode active materials (see abstract and paragraphs [0009] and [0014]), Kono discloses a lithium-containing composite oxide including at least Ni, Mn, and Mg (which are transition metals and as such a skilled artisan would recognize the active material is a lithium-transition metal composite oxide) and may further include elements such as Nb and Zr (see paragraphs [0013]-[0016] and [0027]-[0029]). Kono specifically discloses an embodiment with the formula Li1.02Ni0.94Mn0.03Mg0.02Al0.01O2 (see Table 1 and paragraphs [0139]-[0140]). A skilled artisan would recognize the mol% of nickel is 94 mol%, which falls within and therefore anticipates the claimed range of the lithium-transition metal composite oxide containing 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li.
Kono further discloses Ni improves the capacity of the lithium-transition metal composite oxide (see Table 2 and paragraphs [0017]-[0018] and [0178]).
Moreover, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein the lithium-transition metal composite oxide contains 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li, as disclosed by Kono, as it is a suitable material for a positive electrode active material to improve the capacity of the lithium-transition metal composite oxide.
Morita and Kono are silent on wherein the metal element M1 is Nb or Zr contained in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li.
However, in the same field of endeavor of positive electrode active materials (see abstract), Kawasaki discloses a lithium transition metal oxide comprising nickel, manganese, and a gradient of Nb (niobium) decreasing from a surface to a distance from the surface in a depth direction in Fig. 4 (see paragraphs [0005]-[0006], [0012]-[0013], [0015]-[0016], [0018], and [0047]). Kawasaki also discloses using Nb in a composition of Li1.1Ni0.5Mn1.49Nb0.01O4 (see paragraph [0066]), which contains Nb in an amount of 0.5 mol%. This falls within and therefore anticipates the claimed range of the metal element M1 being contained in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li.
Kawasaki additionally discloses the Nb gradient allows a protective region and region facilitating the diffusion of lithium to be formed, resulting in better output characteristics (see paragraphs [0013] and [0018]). As such, a skilled artisan would recognize Nb is capable of intercalating lithium ions and an appropriate element to use in a gradient in a lithium transition metal positive electrode active material. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita and Kono wherein the metal element M1 is Nb contained in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li, as disclosed by Kawasaki, as it is an appropriate material for use in a lithium transition metal oxide positive electrode active material to achieve better output characteristics.
Morita, Kono, and Kawasaki are silent on the lithium-transition metal composite oxide containing at least one metal element M2 selected from the group consisting of Ca and Sr is present on the surfaces of the primary particles in an amount of 1 mol% or less based on the total molar amount of the metal elements excluding Li.
However, in the same field of endeavor of positive electrode (cathode) active materials (see abstract), Park discloses a coating (shell) 3 that may comprise Ca on the surface of the composite oxide 1 in Fig. 1 (see paragraphs [0035] and [0051]-[0052]). Park also discloses the coating comprising Ca can be used in combination with lithium composite oxides containing Mg, Ti, Nb, Zr, and V according to formulas 1-4 (see paragraphs [0040]-[0053]).
Park further discloses the Ca (the metal oxide/chemically inert element) may be present in an amount of 0.001 to 5 parts by weight of the composite oxide (see paragraphs [0051]-[0052] and [0055]-[0056]).
Park additionally discloses the presence of the metal oxide in the proper ratio results in improved charge/discharge rate characteristics due to the improvement in electric conductivity, and also lifetime characteristics can be improved due to electrochemical stabilization of the composite cathode active material (see paragraphs [0053] and [0055]-[0056]). As such, the parts by weight of the Ca coating is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Additionally, a skilled artisan would recognize that optimizing the parts by weight of the chemically inert element comprising Ca would necessarily lead to optimizing the mol% of Ca.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita and Kono wherein the lithium-transition metal composite oxide contains Ca present on the surfaces of the primary particles in an amount of 1 mol% or less based on the total molar amount of the metal elements excluding Li, as disclosed by Park, in order to achieve improved charge/discharge rate characteristics due to the improvement in electric conductivity, and also lifetime characteristics can be improved due to electrochemical stabilization of the composite cathode active material.
Regarding Claims 2 and 3, modified Morita discloses the positive electrode active material for a non-aqueous electrolyte secondary battery according to claim 1 (see rejection of claim 1 above).
Morita and Park are silent on the lithium-transition metal composite oxide containing Al and Mn, and a content of Ni is 90 mol% or more, and a content of Al is 7 mol% or less, and a content of Mn is 5 mol% or less, and the content of Al is more than the content of Mn, based on the total molar amount of the metal elements excluding Li.
However, Kono discloses a positive electrode active material with the formula Li1.02Ni0.94Mn0.03Mg0.02Al0.01O2 (see Table 1 and paragraphs [0139]-[0140]). A skilled artisan would recognize the mol% of nickel is 94 mol%, the mol% of Al is 1 mol%, and the mol% of Mn is 3 mol% based on the total molar amount of the metal elements excluding Li and that this material is substantially free of Co (meeting Claim 3). These values fall within and therefore anticipate the claimed ranges of the lithium-transition metal composite oxide containing a content of Ni of 90 mol% or more, and a content of Al of 7 mol% or less, and a content of Mn of 5 mol% or less, based on the total molar amount of the metal elements excluding Li.
While Li1.02Ni0.94Mn0.03Mg0.02Al0.01O2 does not comprise a content of Al being more than the content of Mn, Kono discloses the ratios of the elements may be appropriately adjusted in accordance with the composition of the intended lithium-containing composite oxide (see paragraph [0050]). Kono additionally discloses the amount of Mn may be 1 mol% or more and 7 mol% or less in order to adequately ensure the effect of stabilizing the divalent Mg with the Mn and the amount of Al may be 3 mol% or less in order to sufficiently achieve the effects of the invention (see paragraphs [0020]-[0021], [0027], and [0050]). As such, the amounts of Mn and Al are result effective variables and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Further, the ranges of Kono substantially overlap and therefore render obvious the claimed ranges of a content of Al of 7 mol% or less, and a content of Mn of 5 mol% or less, based on the total molar amount of the metal elements excluding Li. Since these are result effective variables, a skilled artisan is capable of achieving amounts within the claimed ranges and a relationship of the content of Al being more than the content of Mn.
Kono further discloses a lithium transition metal composite oxide with the proper ratios of Ni, Mn, and Mg results in a high capacity active material with improved reversibility of the layered crystal structure and a long charge-discharge cycle life (see Table 2 and paragraphs [0017]-[0023] and [0178]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein the lithium-transition metal composite oxide contains a content of Ni of 90 mol% or more, a content of Al of 7 mol% or less, a content of Mn of 5 mol% or less, and the content of Al is more than the content of Mn, based on a total molar amount of metal elements excluding Li, as disclosed by Kono, in order to optimize the effects of the invention and improve the capacity of the lithium-transition metal composite oxide, reversibility of the layered crystal structure, and achieve a long charge-discharge cycle life.
Regarding Claim 4, modified Morita discloses the positive electrode active material according to claim 1 (see rejection of claim 1 above). Morita further discloses a non-aqueous electrolyte secondary battery (cell) (see paragraphs [0002]-[0003], [0025]-[0026], and [0145]), comprising:
the aforementioned positive electrode active material according to claim 1 (see paragraphs [0025]-[0026]);
a negative electrode (see paragraphs [0025]-[0026]); and
a non-aqueous electrolyte (see paragraphs [0002]-[0003], [0025]-[0026], [0042] and [0145]).
Claims 1, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Morita in view of view of Kono, Tsunozaki et al. US-20130236788-A1 (hereinafter referred to as Tsunozaki), and Park.
Regarding Claims 1, 6, and 8, Morita discloses a positive electrode active material for a non-aqueous electrolyte secondary battery (cell), including a lithium-transition metal composite oxide (see abstract and paragraphs [0002]-[0003], [0080]-[0081], and [0145]), wherein
the lithium-transition metal composite oxide is secondary particles each formed by aggregation of primary particles (see paragraph [0080]-[0081]),
the lithium-transition metal composite oxide contains at least one metal element M1 (see paragraphs [0073]-[0077] and [0080]-[0081]). Morita further discloses a specific lithium composite oxide with the formula LiCo0.98Al0.01Mg0.01O2 (see paragraphs [0196]-[0198]), which a skilled artisan would recognize comprises metal element M1 (in this case Mg) in an amount of 1 mol% based on the total molar amount of the metal elements excluding Li.
Morita additionally discloses when a thickness range from surfaces to 10 nm of the primary particles is defined as a shell and an inside thereof is defined as a core (Morita discloses a depth may be 10 nm, the depth being from the center to the surface, and a skilled artisan is capable of designating the areas as the core and the shell) (see abstract and paragraphs [0017], [0040], and [0260]). Morita further discloses the concentration in the shell (surface) is greater than the concentration in the core (center), so a skilled artisan would expect the ratio of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core to be 1.01 or more (see abstract and paragraphs [0017], [0040]-[0044] and [0073]-[0077]). Additionally, Morita discloses a molar fraction r(%) of the metal from a center to the surface of each particle satisfies the formula 0.20≤r≤0.80 (see paragraphs [0040]-[0044] and [0073]-[0077]), which would lead to a ratio that would overlap with and render obvious the claimed range of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core of 4 or more and 17 or less or 9 or more and 14 or less.
Morita also discloses the appropriate molar fraction ratio results in high capacity retention and high-temperature preservability capacity, and that if the ratio is not in the appropriate range, these effects are not shown (see paragraphs [0169]-[0181], [0260], [0266], and [0273] and Tables 3-4). As such, the concentration is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). A skilled artisan would therefore be capable of arriving at a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core of 4 or more and 17 or less or 9 or more and 14 or less (meeting Claim 1 and Claim 8).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein a ratio of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core is 4 or more and 17 or less or 9 or more and 14 or less, in order to achieve the appropriate amount of M1 and ensure high capacity retention and high-temperature preservability capacity.
Morita is silent on the lithium-transition metal composite oxide containing 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li.
However, in the same field of endeavor of positive electrode active materials (see abstract and paragraphs [0009] and [0014]), Kono discloses a lithium-containing composite oxide including at least Ni, Mn, and Mg (which are transition metals and as such a skilled artisan would recognize the active material is a lithium-transition metal composite oxide) and may further include elements such as Nb and Zr (see paragraphs [0013]-[0016] and [0027]-[0029]). Kono specifically discloses an embodiment with the formula Li1.00Ni0.899Co0.05Mn0.03Mg0.02Zr0.001O2 (see Table 1 Example 10 and paragraph [0149]). A skilled artisan would recognize the mol% of nickel is 89.9 mol% and the mol% of Zr is 0.1%, which falls within and therefore anticipates the claimed ranges of the lithium-transition metal composite oxide containing 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li and 0.1 mol% or and 1 mol% or less of Zr based on the total molar amount of the metal elements excluding Li.
Kono further discloses the appropriate mol % of Ni improves the capacity of the lithium-transition metal composite oxide and (see Table 4 and paragraphs [0017]-[0018], [0027], and [0178]).
Moreover, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein the lithium-transition metal composite oxide contains 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li, as disclosed by Kono, as it is a suitable material for a positive electrode active material to improve the capacity of the lithium-transition metal composite oxide.
Morita and Kono are silent on wherein the metal element M1 is Zr in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li.
However, in the same field of endeavor of positive electrode (cathode) active materials (see abstract), Tsunozaki discloses a lithium-containing composite oxide that may include transition metals such as Ni, Co, and Mn (which a skilled artisan would recognize the active material is a lithium-transition metal composite oxide) and may further include Zr where a larger amount of Zr was detected at the outer surface of the particles than the inside of the particles (see paragraphs [0011], [0032], and [0089]-[0091]). Tsunozaki additionally discloses the Zr may be included in amount of 0.005 to 0.04 times the molar amount of the transition metal element in the lithium-containing composite oxide (resulting in the Zr being included in an amount of 0.5 mol% to 4 mol%) to achieve an excellent cycle retention rate (see paragraph [0032]). This substantially overlaps and therefore renders obvious the claimed range of including Zr in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li. Additionally, with the teaching of Morita of including the gradient metal in an amount of 1 mol%, a skilled artisan can achieve an amount of metal M1 being Zr in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li.
Tsunozaki further discloses including more Zr on the surface of the lithium-containing composite oxide prevents elution of Mn and as such imparts excellent cycle characteristics with little decrease in the capacity even if the charge and discharge cycle is carried out at a high voltage (see paragraph [0035]). As such, a skilled artisan would recognize Zr is capable of intercalating lithium ions and an appropriate element to use in a gradient in a lithium transition metal positive electrode active material (meeting Claim 6). The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein the metal element M1 is Zr in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li, as disclosed by Tsunozaki, in order to achieve excellent cycle characteristics with little decrease in the capacity even if the charge and discharge cycle is carried out at a high voltage.
Morita, Kono, and Tsunozaki are silent on the lithium-transition metal composite oxide containing at least one metal element M2 selected from the group consisting of Ca and Sr is present on the surfaces of the primary particles in an amount of 1 mol% or less based on the total molar amount of the metal elements excluding Li.
However, in the same field of endeavor of positive electrode (cathode) active materials (see abstract), Park discloses a coating (shell) 3 that may comprise Ca on the surface of the composite oxide 1 in Fig. 1 (see paragraphs [0035] and [0051]-[0052]). Park also discloses the coating comprising Ca can be used in combination with lithium composite oxides containing Mg, Ti, Nb, Zr, and V according to formulas 1-4 (see paragraphs [0040]-[0053]).
Park further discloses the Ca (the metal oxide/chemically inert element) may be present in an amount of 0.001 to 5 parts by weight of the composite oxide (see paragraphs [0051]-[0052] and [0055]-[0056]).
Park additionally discloses the presence of the metal oxide in the proper ratio results in improved charge/discharge rate characteristics due to the improvement in electric conductivity, and also lifetime characteristics can be improved due to electrochemical stabilization of the composite cathode active material (see paragraphs [0053] and [0055]-[0056]). As such, the parts by weight of the Ca coating is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Additionally, a skilled artisan would recognize that optimizing the parts by weight of the chemically inert element comprising Ca would necessarily lead to optimizing the mol% of Ca.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita and Kono wherein the lithium-transition metal composite oxide contains Ca present on the surfaces of the primary particles in an amount of 1 mol% or less based on the total molar amount of the metal elements excluding Li, as disclosed by Park, in order to achieve improved charge/discharge rate characteristics due to the improvement in electric conductivity, and also lifetime characteristics can be improved due to electrochemical stabilization of the composite cathode active material.
Claims 1, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Morita in view of Kono, Kawasaki, and Zheng US-20190252687-A1 (hereinafter referred to as Zheng).
Regarding Claims 1, 7, and 8, Morita discloses a positive electrode active material for a non-aqueous electrolyte secondary battery (cell), including a lithium-transition metal composite oxide (see abstract and paragraphs [0002]-[0003], [0080]-[0081], and [0145]), wherein
the lithium-transition metal composite oxide is secondary particles each formed by aggregation of primary particles (see paragraph [0080]-[0081]),
the lithium-transition metal composite oxide contains at least one metal element M1 (see paragraphs [0073]-[0077] and [0080]-[0081]). Morita further discloses a specific lithium composite oxide with the formula LiCo0.98Al0.01Mg0.01O2 (see paragraphs [0196]-[0198]), which a skilled artisan would recognize comprises metal element M1 (in this case Mg) in an amount of 1 mol% based on the total molar amount of the metal elements excluding Li.
Morita additionally discloses when a thickness range from surfaces to 10 nm of the primary particles is defined as a shell and an inside thereof is defined as a core (Morita discloses a depth may be 10 nm, the depth being from the center to the surface, and a skilled artisan is capable of designating the areas as the core and the shell) (see abstract and paragraphs [0017], [0040], and [0260]). Morita further discloses the concentration in the shell (surface) is greater than the concentration in the core (center), so a skilled artisan would expect the ratio of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core to be 1.01 or more (see abstract and paragraphs [0017], [0040]-[0044] and [0073]-[0077]). Additionally, Morita discloses a molar fraction r(%) of the metal from a center to the surface of each particle satisfies the formula 0.20≤r≤0.80 (see paragraphs [0040]-[0044] and [0073]-[0077]), which would lead to a ratio that would overlap with and render obvious the claimed range of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core of 4 or more and 17 or less or 9 or more and 14 or less.
Morita also discloses the appropriate molar fraction ratio results in high capacity retention and high-temperature preservability capacity, and that if the ratio is not in the appropriate range, these effects are not shown (see paragraphs [0169]-[0181], [0260], [0266], and [0273] and Tables 3-4). As such, the concentration is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). A skilled artisan would therefore be capable of arriving at a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core of 4 or more and 17 or less or 9 or more and 14 or less (meeting Claim 1 and Claim 8).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein a ratio of a concentration of the metal element M1 contained in the shell to a concentration of the metal element M1 contained in the core is 4 or more and 17 or less or 9 or more and 14 or less, in order to achieve the appropriate amount of M1 and ensure high capacity retention and high-temperature preservability capacity.
Morita is silent on the lithium-transition metal composite oxide containing 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li.
However, in the same field of endeavor of positive electrode active materials (see abstract and paragraphs [0009] and [0014]), Kono discloses a lithium-containing composite oxide including at least Ni, Mn, and Mg (which are transition metals and as such a skilled artisan would recognize the active material is a lithium-transition metal composite oxide) and may further include elements such as Nb and Zr (see paragraphs [0013]-[0016] and [0027]-[0029]). Kono specifically discloses an embodiment with the formula Li1.02Ni0.94Mn0.03Mg0.02Al0.01O2 (see Table 1 and paragraphs [0139]-[0140]). A skilled artisan would recognize the mol% of nickel is 94 mol%, which falls within and therefore anticipates the claimed range of the lithium-transition metal composite oxide containing 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li.
Kono further discloses Ni improves the capacity of the lithium-transition metal composite oxide (see Table 2 and paragraphs [0017]-[0018] and [0178]).
Moreover, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita wherein the lithium-transition metal composite oxide contains 85 mol% or more of Ni based on a total molar amount of metal elements excluding Li, as disclosed by Kono, as it is a suitable material for a positive electrode active material to improve the capacity of the lithium-transition metal composite oxide.
Morita and Kono are silent on wherein the metal element M1 is Nb or Zr contained in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li.
However, in the same field of endeavor of positive electrode active materials (see abstract), Kawasaki discloses a lithium transition metal oxide comprising nickel, manganese, and a gradient of Nb (niobium) decreasing from a surface to a distance from the surface in a depth direction in Fig. 4 (see paragraphs [0005]-[0006], [0012]-[0013], [0015]-[0016], [0018], and [0047]). Kawasaki also discloses using Nb in a composition of Li1.1Ni0.5Mn1.49Nb0.01O4 (see paragraph [0066]), which contains Nb in an amount of 0.5 mol%. This falls within and therefore anticipates the claimed range of the metal element M1 being contained in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li.
Kawasaki additionally discloses the Nb gradient allows a protective region and region facilitating the diffusion of lithium to be formed, resulting in better output characteristics (see paragraphs [0013] and [0018]). As such, a skilled artisan would recognize Nb is capable of intercalating lithium ions and an appropriate element to use in a gradient in a lithium transition metal positive electrode active material. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita and Kono wherein the metal element M1 is Nb contained in an amount of 0.1 mol% or more and 1 mol% or less based on the total molar amount of the metal elements excluding Li, as disclosed by Kawasaki, as it is an appropriate material for use in a lithium transition metal oxide positive electrode active material to achieve better output characteristics.
Morita, Kono, and Kawasaki are silent on the lithium-transition metal composite oxide containing at least one metal element M2 Sr being present on the surfaces of the primary particles in an amount of 1 mol% or less based on the total molar amount of the metal elements excluding Li.
However, in the same field of endeavor of positive electrode active materials (see abstract), Zheng discloses including a Sr (strontium) coating on the surface on a lithium composite oxide (see paragraphs [0005]-[0006], and [0021]) (meeting Claim 1 and Claim 7). Zheng further discloses the Sr is preferably in an amount of 0.01 wt% to 0.4 wt% based on the total weight of positive electrode material and that too large of an amount of Sr will decrease capacity (see paragraph [0025]). As such, the wt% of Sr is a result effective variable and the discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). Additionally, a skilled artisan would recognize that optimizing the wt% of Sr in the coating would necessarily lead to optimizing the mol% of Sr.
Zheng additionally discloses the resistance of the battery is greatly reduced when including the Sr coating (see abstract and paragraphs [0015]-[0016], [0021], and [0025]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the positive electrode active material of Morita and Kono wherein the metal element M2 includes Sr, as disclosed by Zheng, in order to greatly reduce the resistance of the battery.
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 SYDNEY L KLINE whose telephone number is (703)756-1729. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at 571-272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729