DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received 9/11/2025, the following rejections and objections have been withdrawn from the previous office action:
Objections to the claims
35 U.S.C. 102 rejections of claims 1-10 and 14-19
35 U.S.C. 103 rejections of claims 11, 12, and 20
35 U.S.C. 112(b) rejections of claims 1-20
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-9 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210280854A1, hereafter Kwon, in view of US20170294649A1, hereafter Burshtain.
Regarding claim 1, Kwon discloses an all-solid-state battery (ASSB) cell ([0023]), comprising:
an anode comprising lithium metal ([0118] Li metal in second negative active material layer);
a solid electrolyte ([0100] Li6PS5Cl solid electrolyte); and
a cathode composite layer comprising cathode active material particles ([0023] positive electrode containing positive active material; [0087] particle shape), each cathode active material particle comprising:
a core of a first lithium transition metal oxide ([0032] core 112 including second nickel-based active material; [0081] lithium transition metal oxide); and
a surface layer of a second lithium transition metal oxide ([0032] shell 113 containing first nickel-based active material; [0081] lithium transition metal oxide), the second lithium transition metal oxide being different from the first lithium transition metal oxide ([0033] "Here, “a first positive active material” and “a second positive active material” may be selected identically or differently from each other, and may each independently be selected from general positive electrode active materials"), wherein the second lithium transition metal oxide has a composition of LiNixMnyCozO2, wherein 0.40 ≤ x ≤ 0.82, 0.0 ≤ y ≤ 0.50, and 0.0 ≤ z ≤ 0.60 and x + y + z = 1 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, 0≤b≤0.5, 0≤c≤0.05, and 0<α≤2); B′ may be cobalt (Co); D may be oxygen (O)); and
a coating layer on the surface layer that only partially covers the surface layer, forming a coated portion and an uncoated portion ([0083] “In some embodiments, a mixture of a compound without a coating layer and a compound having a coating layer, the compounds being selected from the compounds listed, may be utilized”), wherein the coated portion is at least a percentage of a surface area of the surface layer (the coated particles would have 100% coverage while the non-coated particles would have 0% coverage, except in the locations where they are in contact with coated particles), x being a content of Ni and y being a content of Mn in the surface layer ([0083], 1-b-c, and b, respectively).
Kwon further discloses the use of a conductive carbon fiber as an additive in the positive active material layer (12) ([0091]), and where x = 0.70 and y = 0.30 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, b = 0.30, c = 0, and 0<α≤2); B′ may be cobalt (Co); D may be oxygen (O)). With the above values disclosed by Kwon for b and c, this percentage is evaluated to be 85%.
Kwon is silent on wherein the coated portion is at least 85 percent of a surface area of the surface layer, the percentage determined by % = (150x + 75y)/150.
In the analogous art of secondary battery active material particles, Burshtain discloses wherein the coated portion is at least 85 percent of a surface area of the surface layer (Fig 8B, conductive fibers contact less than 15% of surface area of particle), and the use of a conductive carbon fiber to electronically interconnect active material particles while maintaining ionic conduction of the coating (120) ([0190] shell 120 made of ionic conductors which are electronic insulators due to use of electronic conductive material 130).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kwon to use the conductive carbon fiber in separate locations where the coating is not present, while the coating covers at least 85% of the surface layer, in order to electronically interconnect active material particles while maintaining the broad ionic conductivity imparted by the coating, as suggested by Burshtain.
Regarding claim 2, Kwon further discloses wherein, in the composition of the second lithium transition metal oxide, 0.40 ≤ x ≤ 0.70, 0.20 ≤ y ≤ 0.30, and 0.0 ≤ z ≤ 0.40 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, 0≤b≤0.5, 0≤c≤0.05, and 0<α≤2); B′ may be cobalt (Co); D may be oxygen (O)).
Regarding claim 3, Kwon further discloses wherein the first lithium transition metal oxide contains nickel and has a stoichiometric value of at least 0.80 for the nickel ([0081] lithium nickel oxide).
Regarding claim 4, Kwon further discloses wherein the first lithium transition metal oxide contains nickel and has a stoichiometric value of at least 0.80 for the nickel ([0081] lithium nickel oxide).
Regarding claim 5, Kwon further discloses wherein x = 0.70 and y = 0.30 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, 0≤b≤0.5, 0≤c≤0.05, and 0<α≤2); B′ may be cobalt (Co); D may be oxygen (O)).
Regarding claim 6, Kwon further discloses wherein the solid electrolyte is a sulfide-based solid electrolyte ([0100] Li6PS5Cl solid electrolyte).
Regarding claim 7, Kwon further discloses wherein the solid electrolyte is Li6PS5Cl ([0100] Li6PS5Cl solid electrolyte).
Regarding claim 8, Kwon further discloses wherein the surface layer has a thickness of ≥ 10 nm ([0036] thickness of shell 113 may be 5 nm-100 nm).
Regarding claim 9, Kwon further discloses wherein the thickness of the surface layer is ≤ 10% of a diameter of the cathode active material particle ([0087] average particle diameter of positive active material may be 5 µm to 50 µm; 5 nm is 0.1% of 5 µm, for example).
Regarding claim 13, Burshtain further discloses wherein the uncoated portion of the coating layer is formed of multiple openings (Fig 8B), each opening having a diameter equal to or larger than a particle diameter of the carbon additive ([0191-0192] carbon nanotube conductive fibers 130 with diameters between 10-20 nm, Figs 8B & 8C, conductive fibers extend between particles to interconnect them - thus uncoated portion openings must have a diameter equal to or larger than a particle diameter of the carbon additive for particles to be connected, as shown in Fig 8B), and the use of a conductive carbon fiber to electronically interconnect active material particles while maintaining ionic conduction of the coating (120) ([0190] shell 120 made of ionic conductors which are electronic insulators due to use of electronic conductive material 130).
Regarding claim 14, Kwon further discloses wherein the coating layer contains lithium ([0085] coating layer may be Li2O—ZrO2 (LZO)).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210280854A1, hereafter Kwon, in view of US20170294649A1, hereafter Burshtain, as stated above for claim 1, and further in view of US20220359860A1, hereafter Nakayama.
Regarding claim 12, Kwon is silent on wherein the uncoated portion is one continuous uncoated portion.
In the analogous art of secondary battery electrode active material particles, Nakayama discloses wherein the uncoated portion is a continuous uncoated portion ([0084] Fig 1C particle 1 surfaces partially coated uniformly with coating film 20b to reduce reaction resistance).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kwon to ensure the uncoated portion is continuous and uniform in order to reduce reaction resistance, as suggested by Nakayama.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210280854A1, hereafter Kwon, in view of US20220359860A1, hereafter Nakayama.
Regarding claim 15, Kwon discloses a composite cathode material for an ASSB cell ([0023]), the composite cathode material ([0023] positive electrode containing positive active material) comprising:
active material particles ([0087] particle shape);
a sulfide-based solid electrolyte ([0100] Li6PS5Cl solid electrolyte); and
a carbon additive, wherein each active material particle comprises:
a core of a first lithium transition metal oxide ([0032] core 112 including second nickel-based active material; [0081] lithium transition metal oxide);
a surface layer of a second lithium transition metal oxide ([0032] shell 113 containing first nickel-based active material; [0081] lithium transition metal oxide), the second lithium transition metal oxide being different from the first lithium transition metal oxide ([0033] "Here, “a first positive active material” and “a second positive active material” may be selected identically or differently from each other, and may each independently be selected from general positive electrode active materials"), wherein the second lithium transition metal oxide has a composition of LiNixMnyCozO2, wherein 0.40 ≤ x ≤ 0.82, 0.0 ≤ y ≤ 0.50, and 0.0 ≤ z ≤ 0.60 and x + y + z = 1 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, 0≤b≤0.5, 0≤c≤0.05, and 0<α≤2); B′ may be manganese (Mn); D may be oxygen (O)); and
a lithium-containing coating layer ([0085] coating layer may be Li2O—ZrO2 (LZO)) defining a coated portion and an uncoated portion of the surface layer (([0083] “In some embodiments, a mixture of a compound without a coating layer and a compound having a coating layer, the compounds being selected from the compounds listed, may be utilized”)).
Kwon is silent on the uncoated portion being one continuous uncoated portion and the coated portion being one continuous coated portion on each active material particle.
In the analogous art of secondary battery electrode active material particles, Nakayama discloses wherein the uncoated portion is one continuous uncoated portion and the coated portion is one continuous coated portion ([0084] Fig 1B particle 1 surfaces partially coated uniformly with coating film 20b to reduce reaction resistance).
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kwon to ensure the uncoated portion is continuous and uniform in order to reduce reaction resistance, as suggested by Nakayama.
Regarding claim 16, Kwon further discloses wherein, in the composition of the second lithium transition metal oxide, 0.40 ≤ x ≤ 0.70, 0.20 ≤ y ≤ 0.30, and 0.0 ≤ z ≤ 0.40 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, 0≤b≤0.5, 0≤c≤0.05, and 0<α≤2); B′ may be manganese (Mn); D may be oxygen (O)).
Regarding claim 17, Kwon further discloses wherein the first lithium transition metal oxide contains nickel and has a stoichiometric value of at least 0.80 for the nickel ([0081] lithium nickel oxide).
Regarding claim 18, Kwon further discloses wherein the sulfide-based solid electrolyte is Li6PS5Cl ([0100] Li6PS5Cl solid electrolyte).
Regarding claim 19, Kwon further discloses wherein the surface layer has a thickness of ≥ 10 nm ([0036] thickness of shell 113 may be 5 nm-100 nm) and ≤ 10% of a diameter of the active material particle ([0087] average particle diameter of positive active material may be 5 µm to 50 µm; 5 nm is 0.1% of 5 µm, for example).
Regarding claim 20, Kwon discloses where x = 0.45 and y = 0.5 ([0083] LiaNi1-b-cMnbB′cDα (where 0.90≤a≤1, b = 0.5, c = 0.05, and 0<α≤2); B′ may be manganese (Mn); D may be oxygen (O)). Kwon further discloses when the coating layer 114 containing a lithium ion conductor is formed on the shell 113, the positive active material may have improved capacity and/or high rate characteristics ([0032]).
Modified Kwon is silent on wherein the coated portion is at least 70 percent of a surface area of the surface layer, the percentage determined by % = (150x + 75y)/150. With the above values disclosed by Kwon for b and c, this percentage is evaluated to be 70%.
As the capacity and rate characteristics of the positive active material is/are variable(s) that can be modified, among others, by adjusting the surface area of the surface layer covered by the coated portion, with the capacity and rate characteristics of the positive electrode active material increasing as the surface area of the surface layer covered by the coated portion is increased, the surface area of the surface layer covered by the coated portion would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed surface area of the surface layer covered by the coated portion cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the surface area of the surface layer covered by the coated portion in the invention of modified Kwon to obtain the desired capacity and rate characteristics of the positive active material (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Response to Arguments
Applicant's arguments filed 9/11/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument regarding claim 5 on pages 6-7 of applicant’s remarks that the composition of Kwon applied in the rejection of claim 5 is clearly a description of the core material, the examiner disagrees. [0078] and [0079] of Kwon does not state the materials in the following paragraphs to be core materials, but rather positive electrode active materials. Furthermore, as stated in [0023] of Kwon and elsewhere, the shell is disclosed to include the nickel-based active material containing cobalt. There is no recitation in Kwon that the active material of the shell of the positive active material particles consists only of the nickel-based active material containing cobalt, and one skilled in the art would have understood the shell to not be exclusively a single compound when its formation relies on a surface reaction. Finally, due to the use of the open-ended term 'comprising' in claim 1 of the present invention, claim 1 is also not limited to a single material of the surface layer of the active material particle, according to the broadest reasonable interpretation of the claim. Thus, the claim limitation of the surface layer material may be met by a material disclosed in [0083] as a positive electrode active material other than the cobalt-containing nickel based active material disclosed by Kwon.
In response to applicant’s argument regarding claims 11 and 20 on page 7 of applicant’s remarks that the examiner stated in the previous action that “Kwon is silent on wherein the coated portion is at least 70 percent of a surface area of the surface layer” and that this limitation is not found in the claim or the specification, the examiner notes, as stated in the rejection, that the 70% number for the percentage required by the claim is a result of the evaluation of the claimed expression, % = (150x + 75y)/150, using x and y values from the compound of Kwon.
In response to applicant’s argument regarding claims 11 and 20 on page 8 of applicant’s remarks that there is no disclosure in Burshtain that limits the percent of coating on a particle to the amount of nickel and manganese in the underlying surface layer, or shell, the examiner notes one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, as stated above and in the rejection, the expression % = (150x + 75y)/150 was evaluated to 70% using the x and y values from the composition of Kwon, and Burshtain was applied for the relevant teaching of an at least 70% coating coverage of the particle surface, with the claim being met as a result of the combination.
In response to applicant’s argument regarding claim 12 on page 8 of applicant’s remarks that Nakayama does not teach or suggest the limitation of the uncoated portion being one continuous uniform uncoated portion, the examiner disagrees, and notes as stated above in the rejection, Fig 1B and [0084] of Nakayama show the primary particles 20 as not always being completely covered, for example in the annotated figure below, which shows a continuous coated and continuous non coated portion of a primary particle.
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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 TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
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