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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted are being considered by the examiner.
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.
Claim(s) 1-3 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (Advanced Energy Materials, 2017, 8(19), 1703612) in view of Kumar (US6749648B1), Wariishi (US20030198870A1), and Takahashi (US20100028786A1).
As to claim 1 and 8, Park teaches a gradient Ni-rich NCA cathode with an average composition of Li[Ni0.885Co0.100Al0.015]O2 that has continuous concentration gradients of Ni and Co. Ni was enriched at the core to maximize the discharge capacity of the cathode, whereas the surface was enriched with Co to provide structural and chemical stability (Abstract). Park discloses the use of this cathode in a lithium-ion battery (2 Results and Discussion) wherein Figure 6c provides TEM imaging of the cycled CC NCA cathode that displays a rock salt structure (2 Results and Discussion). This secondary battery is intended for use within electric vehicles (1 Introduction). As for the negative electrode, preliminary cell tests were performed with a 2032 coin-type half-cell using lithium metal as the anode (4 Experimental Section). The spherical NiS04 and CoS04 as starting materials are prepared by co-precipitation method Nio.9Coo. I (OH)2 precursor, then the prepared Nio.9Coo. I (OH) 2 precursor is mixed with LiOH and Al (OH) 3 in the ratio of (Li/(Ni + Co + Al) = 1.01 (positive and negative electrode ratio) and Al/(Ni + Co + Al) = 0.015 and calcined under oxygen atmosphere (4 Experimental Section).
Park does not list the atomic concentration of Al in respect to the concentration of Ni yet a skilled person in the art can implement a concentration ratio that follows the limitation of claim 1 to satisfy the claim requirements. Park also fails to disclose the content of Al doping of the prepared Li[Ni0.885Co0.100Al0.015]O2 material at the surface and inside 100 nm, however, since both Park and the present application are hydroxides first obtained by co-precipitation of nickel-cobalt elements, then mixed with LiOH and AI (OH) 3 followed by one sintering, and the temperature of calcination is not 700 ° C, the composition of the product is related to the structure and preparation idea, in case Park’s invention is identical to the preparation method of the present invention, one skilled in the art can reasonably assume that the positive electrode material produced by Park has the same Al content as in claim 1.
Kumar teaches a composite metal oxides used as electroactive particles in lithium or lithium-ion batteries due to their convenient voltage ranges and reasonable energy densities (col. 3, lines 50-65). Kumar discloses that lithium titanium oxide is suitable as a low Voltage cathode active material or as a low voltage anode active material. While use of lithium titanium oxide materials in an anode reduces the overall battery voltage, this voltage loss can be compensated for by improved cycling properties (col. 18, lines 35-50).
Wariishi teaches an electrolytic composition including a silicon polymer having a specific formula as well as a non-aqueous electrolytic secondary battery including the electrolytic composition (par. [0011]). Wariishi discloses that the solvent used in the electrolytic composition of the invention is desirably a compound that has a low viscosity or a high dielectric constant and is capable of improving an effective carrier concentration by increasing an ion mobility, thereby achieving a high ionic conductivity. Examples include nitrile compounds such as acetonitrile, glutarodinitrile, methoxyacetonitrile, propionitrile and penzonitrile; esters such as carboxylic acid ester, and etc. These compounds may be used singly or in combination of two or more kinds thereof (par. [0093]).
It would have been obvious to one of ordinary skill in the art to add the anode composition of Kumar’s invention and the electrolytic composition of Wariishi’s invention to Park’s lithium-ion battery to improve cycling properties and increasing the electrolyte’s ionic conductivity respectively.
Park teaches an electrolytic composition wherein the solvent used may include nitrile compounds such as acetonitrile, glutarodinitrile, methoxyacetonitrile, propionitrile, penzonitrile, acetonitrile, glutarodinitrile, methoxy acetonitrile, propionitrile and benzonitrile (par. [0093]). These solvent selections are capable of improving an effective carrier concentration by increasing an ion mobility, thereby achieving a high ionic conductivity (par. [0093]).
Takahashi teaches a non-aqueous electrolyte secondary battery which has excellent high-temperature cycle characteristics (par. [0016]). Takahashi discloses primary carboxylic acid esters including methyl acetate, ethyl acetate, propyl acetate, isopropyl acetate, tert-butyl acetate, methyl propionate, ethyl propionate, isopropyl propionate, and tert-butyl propionate (par. [0036]). In addition, the non-aqueous solvent may contain 10 to 70% by mass of the carboxylic acid ester (par. [0026]). Takahashi states that adding a carboxylic acid ester to a non-aqueous electrolyte improves overcharge characteristics but reduces high-temperature cycle characteristics wherein the high-temperature cycle characteristics can be improved by combining a carboxylic acid ester with a nitrile compound (par. [0015]). See MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to the mole ratio of nitrile to carboxylic acid ester, examples 17 and 18 disclose 50% by mass methyl trimethylacetate (MTMA) with 1% by mass adiponitrile (ADPN) (see table 1) resulting in a mass ratio of 2 percent. The molecular weights of MTMA and ADPN are very similar (116.2 and 108.14 g/mol respectively) which converts the mass ratio to a 1.9 mol ratio which is well within the claimed range.
Moreover, even if these particular examples didn’t anticipate the claimed ratio, the addition of a suitable amount of a nitrile compound in the electrolyte is readily conceivable by the skilled person. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). 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.).
It would have been obvious to one of ordinary skill in the art to add the specific carboxylic acid ester compositions of Takahashi’s invention to Park’s electrolyte to improve overcharge characteristics (par. [0015]).
As to claims 2-3, modified Park teaches a cathode (Li[Ni0.885Co0.100Al0.015]O2) with rock salt structure. Fe, Mn, Cu, Zn, Cr, V, Ti, Mg and Zr are all commonly used doping modifying elements, and with flexible exterior components, housing the positive electrode, the negative electrode and the electrolyte are conventional means of skill in the art, which can be routinely selected and adjusted by those skilled in the art according to actual battery performance and assembly requirements.
As to claims 5 and 6, see Takahashi par. [0036] and [0037]).
As to claim 7, modified Park discloses a cathode material to be used in a secondary battery. Wariishi further teaches an electrolytic composition and a non-aqueous electrolytic secondary battery wherein a sheet-shaped battery may be employed. In the sheet-shaped battery as shown in FIG. 2, the anode sheet and the cathode sheet are layered with a non-woven cloth sandwiched therebetween, and the electrolytic composition of the invention is poured to the non-woven cloth under reduced pressure (par. [0171]). Wariishi lists a benefit of employing a sheet battery is to widen the applications of the non-aqueous electrolytic secondary battery (par. [0186]). Applications include an automobile, an electrically powered vehicle, a motor, etc. (par. [0186]).
It would have been obvious to one of ordinary skill in the art to add the sheet-shaped assembly of Wariishi’s invention to Park’s secondary battery to diversify the potential applications this battery may be used for (par. [0186]).
Response to Arguments
Applicant's arguments filed 8/22/2025 have been fully considered but they are not persuasive. Applicant urges that modified Park (specifically the Park in view of Takahashi portion of the rejection) fails to disclose the mole ratio of nitrile to carboxylic acid ester. As an initial point, this is incorrect and Takahashi actually anticipates this mole ratio. In particular, examples 17 and 18 disclose 50% by mass methyl trimethylacetate (MTMA) with 1% by mass adiponitrile (ADPN) (see table 1) resulting in a mass ratio of 2 percent. The molecular weights of MTMA and ADPN are very similar (116.2 and 108.14 g/mol respectively) which converts the mass ratio to a 1.9 mol ratio which is well within the claimed range. The rejection above has been modified above accordingly.
Moreover, this examiner is interpreting the previous examiner’s statement that modified Park “fails to disclose the mole ratio” as not being an admission that Takahashi taught away from this mole ratio, but rather that Takahashi did not disclose its compositions in terms of mole ratio and one of ordinary skill in the art would have found the workable ranges. That conclusion is still correct even if the previous examiner didn’t need to invoke it as Takahashi already taught the claimed ratio when converting its examples into a mole ratio. “[L]ack of novelty is the epitome of obviousness” (In re May, 574 F.2d, 1082).
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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/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714
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