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 amendments filed 10/10/2025. Claims 1, 13-14, and 19-20 are amended. The amendments are supported by the specification and original claims, and no new matter has been entered. Claims 9 and 10 are newly canceled. Claims 1-8 and 11-20 are currently pending in this office action.
Claim Rejections
The 35 USC 112, 102, and 103 rejections of the claims are withdrawn because of the amendments/arguments and the cancelations of claims. Applicant’s amendments have necessitated new grounds of rejection as below set forth, including a new 35 USC 112 rejection of claims 1-8 and 11-20, as previously rejected subject matter contained within now canceled claims has been amended into independent claims 1, 14, and 20.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-8 and 11-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, applicant recites the following formula:
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However, examiner notes that claim 1, also recites the limitation that the claimed nickel rich positive electrode active material comprises greater than or equal to about 80 mass % of Nickel. However, calculations can be done which show that, at least as currently worded, this limitation cannot be met within the constraints of the claimed equation. For example, claim 1 allows Ni to be used in a quantity of as great as 0.96. Taking 1 mol of LiNi0.96O2 alone, ignoring Mn, Co, and Al for the sake of simplicity, provides 6.94 g lithium, 57.73 g nickel, and 32.0 g oxygen. The mass % of nickel in such a material is calculated as (57.73/96.67) * 100 = 59.72%, or less than the claimed 80%. Accounting for Mn, Co, and Al, even in the minimum quantities allowed by the claimed formula 10, would result in the mass % of nickel being even less. It is noted that claim 1 claims only that the mass % of nickel in the electroactive material is “about” 80 mass %, however examiner notes that applicant in the instant specification has defined the word “about” to mean the stated value except allowing for slight imprecision such as that from variations that may arise from ordinary methods of measuring and using such parameters, such as 0.1 to 5% variation (see [0039] of instant specification), which is insufficient to account for the difference in the mass % of nickel seen in claim 1. The instant specification also recites examples that fall outside the Ni mass % claimed in claim 1. Appropriate correction is required. For the purpose of examination, it shall be interpreted that a material shall be considered to comprise greater than or equal to about 80 mass % of nickel as long as the ratio of Nickel to non-lithium metals within the formula is about 0.8:0.2 or greater (for example LiNi0.8Co0.2O2 or LiNi0.8Co0.1Mn0.05Al0.05O2).
Claims 2-8 and 11-13 are rejected because they depend from claim 1 or from a claim which depends from claim 1. Claim 14 and claim 20 are rejected because they both contain both of the conflicting limitations that claim 1 is rejected because of.
Claims 15-19 are rejected because they depend from claim 14 or from a claim which depends from claim 14.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 5-8, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180042739 A, a machine translation from espacenet included in the prior office action is used as an English equivalent), in view of Lee (US 20240304792 A1), and further in view of Lee 2 (US 20200350571 A1).
Regarding claim 1, Jeon discloses an electrochemical cell that cycles lithium ions ([0103] discloses a lithium ion battery), the electrochemical cell comprising:
a first electrode comprising a nickel-rich positive electrode material comprising greater than or equal to about 80 mass % of nickel (embodiments of examples 7 disclose a LiNi0.8Co0.15Al0.05O2 cathode material (see [0148]-[0151] of translated document. The machine translation seems to have some inaccuracies in these paragraphs; however it can also be seen in English formulas present in [0148]-[0151] of original document that this material is used);
a second electrode comprising a silicon-based negative electroactive material ([0075] discloses a negative electrode active material selected from options including a non-transition metal oxide or a metal alloyable with lithium, which [0076]-[0078] discloses may be SiO or Si); and
a separating layer disposed between the first electrode and the second electrode (see below); and
an electrolyte in contact with at least one of the nickel-rich positive electroactive material in the first electrode and the silicon-based negative electroactive material in the second electrode ([0097] discloses a separator between the positive and negative electrode which absorbs or is impregnated by electrolyte, see also [0104] and fig. 1, which discloses that the electrolyte filled separator is in direct contact with the negative and positive electrode. As a result, it can be seen that the electrolyte is in contact with the negative and positive electrodes) and comprising greater than about 0.5 wt. % to less than or equal to about 2 wt. % of an electrochemical additive comprising (2-cyanoethyl)triethoxysilane (TEOSCN) ([0116] discloses that the electrolyte according to an embodiment contains 0.5 wt. % Cyanoethyl triethoxysilane, which Jeon refers to as CETEOS).
Jeon further discloses that the cathode material may be various materials, including for example LiaNibCocMndGeO2 [0090], where G is selected from a list including Al [0091], and a is 0.9-1, b is 0-0.9, c is 0-0.5, d is 0-0.5, and e is 0.001-0.1, thus overlapping the formula claimed in the instant claim 10. However, Jeon does not disclose an embodiment using a material which simultaneously overlaps the disclosed formula as well as the instantly claimed formula. However, such materials are known in the art and would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to use as the cathode material of Jeon.
For example, Lee discloses a positive electrode active material that according to one embodiment is LiNi0.8Co0.05Mn0.1Al0.05O2 [0045], thus matching both the formula disclosed by Jeon and the instant claim. Lee discloses that this material is effective for enhancing the charge/discharge capacity of a battery [0045]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select the LiNi0.8Co0.05Mn0.1Al0.05O2 material disclosed by Lee as the positive electrode active material of Jeon. A person of ordinary skill would have been motivated to do this in order to obtain a positive electrode active material known to be effective for enhancing the charge/discharge capacity of a battery that is also compatible with the invention of Jeon.
Modified Jeon does not disclose that the silicon-based negative electroactive material of the second electrode also comprises LixSiOy (where 2 ≤ x ≤ 6 and 4 ≤ y ≤ 7). However, such materials were known in the art before the effective filing date of the claimed invention and would have been obvious to use in the invention of Jeon. For example, Lee 2 discloses a negative electrode active material including a silicon-based composite including SiOx, where (0 ≤ x ≤ 2) (abstract), which is encompasses the SiOx, where (0 < x < 2) disclosed in [0078] of Jeon. [0033] of Lee 2 discloses that the SiOx can include a metal compound disposed on the surface, which results in increased initial efficiency, as well as the silicon-based compound exhibiting excellent life characteristics and swelling characteristics, the metal compound being included in an amount of, for example, 1 to 30 wt. % [0034]. [0035] discloses that the metal compound may be a metal silicate of, for example, Li4SiO4, matching the formula claimed by the instant claim 1.
As a result of the disclosure of Lee 2, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to include the metal silicate of Li4SiO4 as a metal compound disposed on the surface of the SiO active material of Jeon. A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain the benefits disclosed by Lee 2, such as increased initial efficiency, as well as the silicon-based compound exhibiting excellent life characteristics and swelling characteristics, which would result in an electrochemical cell meeting the limitations of the instant claim.
Regarding claim 2, modified Jeon discloses the electrochemical cell of claim 1, wherein the electrolyte further comprises a lithium-containing salt ([0116], see also [0018]-[0021]) and a solvent selected from the group consisting of ethylene carbonate ([0116], see also [0067]).
Regarding claim 3, modified Jeon discloses the electrochemical cell of claim 1, wherein the electrolyte further comprises a lithium-containing salt ([0116], see also [0018]-[0021]) and a solvent mixture comprising ethylene carbonate and dimethyl carbonate ([0116] discloses an embodiment wherein the solvent is a mixture comprising ethylene carbonate as well as dimethyl carbonate).
Regarding claim 5, modified Jeon discloses the electrochemical cell of claim 1, wherein he electrolyte further comprises greater than or equal to about 0.5 wt.% to less than or equal to about 1.5 wt.% vinylene carbonate (VC) ([0063] of Jeon discloses that a vinylene carbonate additive may be added in an amount of 0.1 to 3.0 wt.%, encompassing the claimed amount. Jeon discloses an embodiment which uses vinylene carbonate in an amount of 1 wt.%, falling within the claimed amount [0122]).
Regarding claim 6, modified Jeon discloses the electrochemical cell of claim 1, wherein the electrolyte further comprises greater than or equal to about 0.5 wt. % to less than or equal to about 2 wt.% of fluoroethylene carbonate (FEC) ([0063] of Jeon discloses that fluoroethylene carbonate may be included in the electrolyte in an amount from 0.1 to 3 wt.%, encompassing the claimed range. Jeon does not explicitly disclose an embodiment using FEC in an amount of 0.5 to 2 wt.%, however it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to routinely select a FEC content from amongst the overlapping portions of the two ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05(1))).
Regarding claim 7, modified Jeon discloses the electrochemical cell of claim 1, wherein the electrolyte further comprises greater than or equal to about 1 wt.% of the electrolyte additive ([0120] discloses an embodiment wherein the electrolyte additive CETEOS ((2-cyanoethyl)triethoxysilane, or TEOSCN) is used in a concentration of 1 wt.%, meeting the claimed limitation).
Regarding claim 8, modified Jeon discloses the electrochemical cell of claim 1, but does not explicitly disclose an embodiment wherein the electrolyte comprises about 2 wt.% of the electrolyte additive of claim 1 (TEOSCN/CETEOS). However, Jeon does disclose embodiments wherein the additive is TEOSCN/CETEOS (see [0116], claim 1 rejection above), and discloses that the additive may be present in an amount of 0.1 to 3.0 wt.% [0062]. [0116] discloses e.g. 0.5 wt.% [0116], 1.0 wt. % [0120], but does not explicitly disclose an embodiment of 2 wt. %, however based on the disclosure that a range from 0.1 to 3 wt.% may be used, it would have been obvious to a person of ordinary skill in the art to routinely select a different amount within the disclosed range, such as the claimed 2 wt.%, because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05(1)).
Regarding claim 13, modified Jeon discloses the electrochemical cell of claim 1, wherein the silicon-based negative electroactive material further comprises Si or SiOx (where x ≤ 2) (see claim 1 rejection above).
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180042739 A, a machine translation from espacenet included in the prior office action is used as an English equivalent), in view of Lee (US 20240304792 A1), and Lee 2 (US 20200350571 A1), and further in view of Veith (US 20190181504 A1).
Regarding claim 4, modified Jeon discloses the electrochemical cell of claim 3, but fails to disclose that a mass ratio between the ethylene carbonate (EC) and the dimethyl carbonate (DMC) is about 3:7. However, electrolytes using EC and DMC in this ratio are well known in the art, and as a result it would have been obvious to use an electrolyte of EC and DMC in this ratio.
For example, Veith discloses ethylene carbonate and dimethyl carbonate as conventional lithium ion battery electrolyte solvents, [0057], further disclosing that a mixture of ethylene carbonate and dimethyl carbonate is often used as a solvent in preparing electrolytes, a commonly used mixture being the claimed 3:7 weight % ratio of ethylene carbonate to dimethyl carbonate [0057]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a weight ratio of 3:7 weight % of ethylene carbonate to dimethyl carbonate for the ethylene carbonate and dimethyl carbonate electrolyte of Jeon. A person of ordinary skill in the art would have been motivated to do this to obtain a well-known and commonly used electrolyte solvent mixture known to work well in conventional lithium ion batteries.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180042739 A, a machine translation from espacenet included in the prior office action is used as an English equivalent), in view of Lee (US 20240304792 A1), and Lee 2 (US 20200350571 A1), and further in view of Kimura (US 20180323439 A1).
Regarding claim 11, modified Jeon discloses the electrochemical cell of claim 1, and also discloses that the negative electrode active material may be more than one selected from a list including Si, SiO, and carbonaceous negative electroactive material, leaving open the possibility of combining a silicon-based and a carbonaceous negative electroactive material [0075]-[0079], but does not disclose an embodiment using both an Si-based and a carbonaceous active material. However, it is well known in the art that batteries with electrodes that are pure Si or pure Si-based materials such as SiO or Si alloys often struggle managing the large volume expansion of Silicon during battery charge and discharge, and it is also known that including a second carbonaceous active material can help to manage this problem.
For example, Kimura discloses a negative electrode active material for a lithium-ion battery (title) comprising an active material containing Si and another active material of one or more carbonaceous active materials, such as graphite, non-graphitizable carbons, or activated carbon [0036], with [0045] discloses an embodiment which uses graphite. [0036] discloses that this enables high energy density to be achieved by using Si, while mitigating the expansion of the negative electrode to obtain high cycle characteristics by using graphite. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select graphite alongside the silicon-based active material of Jeon. A person of ordinary skill in the art would have been motivated to make this selection in order to manage the high volume expansion of silicon, while still achieving high energy density, as taught by Kimura.
Regarding claim 12, modified Jeon discloses the electrochemical cell of claim 11, wherein the composite electrode comprises greater than or equal to about 1 wt.% to less than or equal to about 50 wt.% of the silicon-based negative electroactive material and greater than or equal to about 50 wt.% to less than or equal to about 80 wt.% of the carbonaceous negative electroactive material (Jeon discloses that the negative electrode active material may be more than one selected of Si or SiO and carbonaceous negative electroactive material [0075]-[0079], but does not disclose exact ratios that may be used when more than one active material is selected. Kimura, however, discloses that Si-based active material and graphite is preferably used in a mixing ratio of 20:80 to 70:30, overlapping the claimed range [0036]. Kimura discloses that if the mixing ratio is lower than this value, high energy density cannot be achieved, and when the mixing ratio is higher than this value, negative electrode expansion is excessively high, and high cycle characteristics cannot be obtained.
As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select a Si-based material to graphite ratio within the range disclosed by Kimura, and they would have been motivated to do so in order to manage the expansion of silicon while achieving high energy density, as taught by Kimura. Further, after having done this, it would further be obvious to routinely select a graphite to silicon ratio from amongst the portions of the range that overlap with the instantly claimed graphite to Si-based material ratio range because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05(1))).
Claim(s) 14-15 and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180042739 A, a machine translation from espacenet included in the prior office action is used as an English equivalent), in view of Lee (US 20240304792 A1), and Lee 2 (US 20200350571 A1), and further in view of Yushin (US 20200373555 A1).
Regarding claim 14, Jeon discloses an electrochemical cell that cycles lithium ions ([0103] discloses a lithium ion battery), the electrochemical cell comprising:
a first electrode comprising a nickel-rich positive electrode material comprising greater than or equal to about 80 mass % of nickel (embodiments of examples 7 disclose a LiNi0.8Co0.15Al0.05O2 cathode material (see [0148]-[0151] of translated document. The machine translation seems to have some inaccuracies in these paragraphs; however it can also be seen in English formulas present in [0148]-[0151] of original document that this material is used);
a second electrode comprising a silicon-based negative electroactive material ([0075] discloses a negative electrode active material selected from options including a non-transition metal oxide or a metal alloyable with lithium, which [0076]-[0078] discloses may be SiO or Si); and
a separating layer disposed between the first electrode and the second electrode (see below); and
an electrolyte in contact with at least one of the nickel-rich positive electroactive material in the first electrode and the silicon-based negative electroactive material in the second electrode ([0097] discloses a separator between the positive and negative electrode which absorbs or is impregnated by electrolyte, see also [0104] and fig. 1, which discloses that the electrolyte filled separator is in direct contact with the negative and positive electrode. As a result, it can be seen that the electrolyte is in contact with the negative and positive electrodes) and comprising greater than about 0.5 wt. % to less than or equal to about 2 wt. % of an electrochemical additive comprising (2-cyanoethyl)triethoxysilane (TEOSCN) ([0116] discloses that the electrolyte according to an embodiment contains 0.5 wt. % Cyanoethyl triethoxysilane, which Jeon refers to as CETEOS).
Jeon further discloses that the cathode material may be various materials, including for example LiaNibCocMndGeO2 [0090], where G is selected from a list including Al [0091], and a is 0.9-1, b is 0-0.9, c is 0-0.5, d is 0-0.5, and e is 0.001-0.1, thus overlapping the formula claimed in the instant claim 10. However, Jeon does not disclose an embodiment using a material which simultaneously overlaps the disclosed formula as well as the instantly claimed formula. However, such materials are known in the art and would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to use as the cathode material of Jeon.
For example, Lee discloses a positive electrode active material that according to one embodiment is LiNi0.8Co0.05Mn0.1Al0.05O2 [0045], thus matching both the formula disclosed by Jeon and the instant claim. Lee discloses that this material is effective for enhancing the charge/discharge capacity of a battery [0045]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select the LiNi0.8Co0.05Mn0.1Al0.05O2 material disclosed by Lee as the positive electrode active material of Jeon. A person of ordinary skill would have been motivated to do this in order to obtain a positive electrode active material known to be effective for enhancing the charge/discharge capacity of a battery that is also compatible with the invention of Jeon.
Modified Jeon does not disclose that the silicon-based negative electroactive material of the second electrode also comprises LixSiOy (where 2 ≤ x ≤ 6 and 4 ≤ y ≤ 7). However, such materials were known in the art before the effective filing date of the claimed invention and would have been obvious to use in the invention of Jeon. For example, Lee 2 discloses a negative electrode active material including a silicon-based composite including SiOx, where (0 ≤ x ≤ 2) (abstract), which is encompasses the SiOx, where (0 < x < 2) disclosed in [0078] of Jeon. [0033] of Lee 2 discloses that the SiOx can include a metal compound disposed on the surface, which results in increased initial efficiency, as well as the silicon-based compound exhibiting excellent life characteristics and swelling characteristics, the metal compound being included in an amount of, for example, 1 to 30 wt. % [0034]. [0035] discloses that the metal compound may be a metal silicate of, for example, Li4SiO4, matching the formula claimed by the instant claim 1.
As a result of the disclosure of Lee 2, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to include the metal silicate of Li4SiO4 as a metal compound disposed on the surface of the SiO active material of Jeon. A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain the benefits disclosed by Lee 2, such as increased initial efficiency, as well as the silicon-based compound exhibiting excellent life characteristics and swelling characteristics, which would result in an electrochemical cell meeting the limitations of the instant claim.
Jeon does not explicitly disclose that the first and second electrodes are porous with electrolyte contained within, however these are features that are commonly known in the art and would have been obvious to a person of ordinary skill in the art to include. For example, Yushin teaches electrodes having porosity (abstract, [0050]), the pores being filled with electrolyte [0033]. Yushin also teaches that this enhances power density by increasing transport rate of Li ions during charge/discharge (see [0050], which discloses that lower porosity may lead to reduced power density due to slower transport rate of Li ions during charge/discharge as the amount of electrolyte present in the electrode becomes smaller, and that porosity of electrodes may be optimized for a particular cell design and application).
As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to construct the electrodes of Jeon as porous electrodes containing electrolytes. A person of ordinary skill in the art would have been motivated to do this in order to enhance power density by increasing the transport rate of Li ions during charge/discharge, as taught by Yushin.
Regarding claim 15, modified Jeon discloses the electrochemical cell of claim 14, wherein the electrolyte further comprises a lithium-containing salt and a solvent mixture comprising ethylene carbonate (EC) and dimethyl carbonate (DMC) ([0116] discloses an embodiment wherein the solvent is a mixture comprising ethylene carbonate as well as dimethyl carbonate).
Regarding claim 17, modified Jeon discloses the electrochemical cell of claim 14, wherein the electrolyte further comprises greater than or equal to about 0.5 wt.% to a less than or equal to about 1.5 wt.% of vinylene carbonate ([0063] of Jeon discloses that vinylene carbonate may be added to the electrolyte as an additive in a concentration of about 0.1 to 3 wt. %, encompassing the claimed range. [0122] further discloses an embodiment where vinylene carbonate is used at 1 wt. %).
Regarding claim 18, modified Jeon discloses the electrochemical cell of claim 14, wherein the electrolyte further comprises greater than or equal to about 0.5 wt.% to less than or equal to about 2 wt.% of fluoroethylene carbonate (FEC) ([0063] of Jeon discloses that fluoroethylene carbonate may be included in the electrolyte in an amount from 0.1 to 3 wt.%, encompassing the claimed range. Jeon does not explicitly disclose an embodiment using FEC in an amount of 0.5 to 2 wt.%, however it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to routinely select a FEC content from amongst the overlapping portions of the two ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05(1))).
Claim(s) 16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180042739 A, a machine translation from espacenet included in the prior office action is used as an English equivalent), in view of Lee (US 20240304792 A1), Lee 2 (US 20200350571 A1), and Yushin (US 20200373555 A1), and further in view of Veith (US 20190181504 A1).
Regarding claim 16, modified Jeon discloses the electrochemical cell of claim 3, but fails to disclose that a mass ratio between the ethylene carbonate (EC) and the dimethyl carbonate (DMC) is about 3:7. However, electrolytes using EC and DMC in this ratio are well known in the art, and as a result it would have been obvious to use an electrolyte of EC and DMC in this ratio.
For example, Veith discloses ethylene carbonate and dimethyl carbonate as conventional lithium ion battery electrolyte solvents, [0057], further disclosing that a mixture of ethylene carbonate and dimethyl carbonate is often used as a solvent in preparing electrolytes, a commonly used mixture being the claimed 3:7 weight % ratio of ethylene carbonate to dimethyl carbonate [0057]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a weight ratio of 3:7 weight % of ethylene carbonate to dimethyl carbonate for the ethylene carbonate and dimethyl carbonate electrolyte of Jeon. A person of ordinary skill in the art would have been motivated to do this to obtain a well-known commonly used electrolyte solvent mixture known to work well in conventional lithium ion batteries.
Regarding claim 20, Jeon discloses an electrochemical cell that cycles lithium ions ([0103] discloses a lithium ion battery), the electrochemical cell comprising:
a first electrode comprising a nickel-rich positive electrode material comprising greater than or equal to about 80 mass % of nickel (embodiments of examples 7 disclose a LiNi0.8Co0.15Al0.05O2 cathode material (see [0148]-[0151] of translated document. The machine translation seems to have some inaccuracies in these paragraphs; however it can also be seen in English formulas present in [0148]-[0151] of original document that this material is used);
a second electrode comprising a silicon-based negative electroactive material ([0075] discloses a negative electrode active material selected from options including a non-transition metal oxide or a metal alloyable with lithium, which [0076]-[0078] discloses may be SiO or Si); and
a separating layer disposed between the first electrode and the second electrode (see below); and
an electrolyte in contact with at least one of the nickel-rich positive electroactive material in the first electrode and the silicon-based negative electroactive material in the second electrode ([0097] discloses a separator between the positive and negative electrode which absorbs or is impregnated by electrolyte, see also [0104] and fig. 1, which discloses that the electrolyte filled separator is in direct contact with the negative and positive electrode. As a result, it can be seen that the electrolyte is in contact with the negative and positive electrodes) and comprising greater than about 0.5 wt. % to less than or equal to about 2 wt. % of an electrochemical additive comprising (2-cyanoethyl)triethoxysilane (TEOSCN) ([0116] discloses that the electrolyte according to an embodiment contains 0.5 wt. % Cyanoethyl triethoxysilane, which Jeon refers to as CETEOS).
Jeon further discloses that the cathode material may be various materials, including for example LiaNibCocMndGeO2 [0090], where G is selected from a list including Al [0091], and a is 0.9-1, b is 0-0.9, c is 0-0.5, d is 0-0.5, and e is 0.001-0.1, thus overlapping the formula claimed in the instant claim 10. However, Jeon does not disclose an embodiment using a material which simultaneously overlaps the disclosed formula as well as the instantly claimed formula. However, such materials are known in the art and would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention to use as the cathode material of Jeon.
For example, Lee discloses a positive electrode active material that according to one embodiment is LiNi0.8Co0.05Mn0.1Al0.05O2 [0045], thus matching both the formula disclosed by Jeon and the instant claim. Lee discloses that this material is effective for enhancing the charge/discharge capacity of a battery [0045]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select the LiNi0.8Co0.05Mn0.1Al0.05O2 material disclosed by Lee as the positive electrode active material of Jeon. A person of ordinary skill would have been motivated to do this in order to obtain a positive electrode active material known to be effective for enhancing the charge/discharge capacity of a battery that is also compatible with the invention of Jeon.
Modified Jeon does not disclose that the silicon-based negative electroactive material of the second electrode also comprises LixSiOy (where 2 ≤ x ≤ 6 and 4 ≤ y ≤ 7). However, such materials were known in the art before the effective filing date of the claimed invention and would have been obvious to use in the invention of Jeon. For example, Lee 2 discloses a negative electrode active material including a silicon-based composite including SiOx, where (0 ≤ x ≤ 2) (abstract), which is encompasses the SiOx, where (0 < x < 2) disclosed in [0078] of Jeon. [0033] of Lee 2 discloses that the SiOx can include a metal compound disposed on the surface, which results in increased initial efficiency, as well as the silicon-based compound exhibiting excellent life characteristics and swelling characteristics, the metal compound being included in an amount of, for example, 1 to 30 wt. % [0034]. [0035] discloses that the metal compound may be a metal silicate of, for example, Li4SiO4, matching the formula claimed by the instant claim 1.
As a result of the disclosure of Lee 2, a person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to include the metal silicate of Li4SiO4 as a metal compound disposed on the surface of the SiO active material of Jeon. A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this in order to obtain the benefits disclosed by Lee 2, such as increased initial efficiency, as well as the silicon-based compound exhibiting excellent life characteristics and swelling characteristics, which would result in an electrochemical cell meeting the limitations of the instant claim.
Jeon does not explicitly disclose that the first and second electrodes are porous with electrolyte contained within, however these are features that are commonly known in the art and would have been obvious to a person of ordinary skill in the art to include. For example, Yushin teaches electrodes having porosity (abstract, [0050]), the pores being filled with electrolyte [0033]. Yushin also teaches that this enhances power density by increasing transport rate of Li ions during charge/discharge (see [0050], which discloses that lower porosity may lead to reduced power density due to slower transport rate of Li ions during charge/discharge as the amount of electrolyte present in the electrode becomes smaller, and that porosity of electrodes may be optimized for a particular cell design and application).
As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to construct the electrodes of Jeon as porous electrodes containing electrolytes. A person of ordinary skill in the art would have been motivated to do this in order to enhance power density by increasing the transport rate of Li ions during charge/discharge, as taught by Yushin.
Modified Jeon fails to disclose that a mass ratio between the ethylene carbonate (EC) and the dimethyl carbonate (DMC) is about 3:7. However, electrolytes using EC and DMC in this ratio are well known in the art, and as a result it would have been obvious to use an electrolyte of EC and DMC in this ratio.
For example, Veith discloses ethylene carbonate and dimethyl carbonate as conventional lithium ion battery electrolyte solvents, [0057], further disclosing that a mixture of ethylene carbonate and dimethyl carbonate is often used as a solvent in preparing electrolytes, a commonly used mixture being the claimed 3:7 weight % ratio of ethylene carbonate to dimethyl carbonate [0057]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a weight ratio of 3:7 weight % of ethylene carbonate to dimethyl carbonate for the ethylene carbonate and dimethyl carbonate electrolyte of Jeon. A person of ordinary skill in the art would have been motivated to do this to obtain a well-known commonly used electrolyte solvent mixture known to work well in conventional lithium ion batteries.
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jeon (KR 20180042739 A, a machine translation from espacenet included in the prior office action is used as an English equivalent), in view of Lee (US 20240304792 A1), Lee 2 (US 20200350571 A1), Yushin (US 20200373555 A1), and further in view of Kimura (US 20180323439 A1).
Regarding claim 19, modified Jeon in discloses the electrochemical cell of claim 12, and also discloses that the negative electrode active material may be more than one selected from a list including Si, SiO, and carbonaceous negative electroactive material, leaving open the possibility of combining a silicon-based and a carbonaceous negative electroactive material ([0075]-[0079] of Jeon), but does not disclose an embodiment using both an Si-based and a carbonaceous active material. However, it is well known in the art that batteries with electrodes that are pure Si or pure Si-based materials such as SiO or Si alloys often struggle managing the large volume expansion of Silicon during battery charge and discharge, and it is also known that including a second carbonaceous active material can help to manage this problem.
For example, Kimura discloses a negative electrode active material for a lithium-ion battery (title) comprising an active material containing Si and another active material of one or more carbonaceous active materials, such as graphite, non-graphitizable carbons, or activated carbon [0036], with [0045] discloses an embodiment which uses graphite. [0036] discloses that this enables high energy density to be achieved by using Si, while mitigating the expansion of the negative electrode to obtain high cycle characteristics by using graphite. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select graphite alongside the silicon-based active material of modified Jeon. A person of ordinary skill in the art would have been motivated to make this selection in order to manage the high volume expansion of silicon, while still achieving high energy density, as taught by Kimura.
Response to Arguments
Applicant’s arguments with respect to independent claim(s) 1, 14, and 20 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.
Applicant's arguments filed 10/10/2025 with respect to the 35 USC 112 rejection of record of claim 10 has been fully considered but they are not persuasive. In the arguments (see pg. 8), applicant argues that the limitation of the specific formula of the active material, and the limitation requiring the mass % of Nickel the nickel-rich positive electrode active material to comprise greater than or equal to about 80 mass % must be read in combination and not independently. Normally examiner would agree, however upon further inspection of the claimed formula, it is clear that the formula leaves no room for any possibility of a positive electrode active material that is capable of meeting the claimed limitation that the mass % of Nickel in the material is 80 mass % or more (see 35 USC 112 rejection above for more substance, including mathematical calculations). As a result, applicant’s arguments are not persuasive, and this combination of limitations remains rejected under 35 USC 112.
Regarding applicant’s arguments concerning the other 35 USC 112 rejections of the prior office action, these arguments are persuasive, and the rejections withdrawn due to the amendments to the claims.
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.
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/ZACKARY RICHARD COCHENOUR/ Examiner, Art Unit 1752
/Maria Laios/ Primary Examiner, Art Unit 1727
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