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 statement (IDS) submitted on 1/30/26 has been considered by the examiner.
Response to Arguments
Applicant’s arguments, see page 12, section A, filed 12/23/25, with respect to the amendment to claim 1 adding the first carbon-based material is a graphene matrix, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC 112(a) and US 2021/0288314.
The drawing objection is withdrawn herewith due to the cancelation of claim 10.
Regarding applicant’s arguments on pages 12-14, section B against the stoichiometric ratios disclosed by Park for the first metal oxide. It is noted, applicant’s arguments are narrower than the breadth of the claims. Furthermore, as was pointed out in the Final rejection, the stoichiometric range as disclosed in formula 5 of Park, overlaps with the claimed range, which has been held to be a prima facie case of obviousness, especially since the instant specification does not show criticality for the entire claimed range, see MPEP 2144.05.
The remainder of applicant’s arguments are moot as they do not apply to the current rejections, see below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-8 and 12-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 18 and 20 have been amended to recite “the first carbon-based material is a graphene matrix and comprises a crystalline carbon-based nanostructure”. In applicant’s remarks, page 9, it is stated support can be found in paragraph [0047] and figure 1 for the amendment to the independent claims. Further on page 10 it is stated “the matrix is graphene (two-dimensional crystalline carbon)”. However, no support can be found for the first carbon-based material with both a graphene matrix and another crystalline caron-based nanostructure as recited in the independent claims (emphasis added).
Dependent claims 3-8, 12-17 and 19 inherit the same deficiency, due to their dependence on one of claims 1, 18 or 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, 3-8 and 12-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over
US 2015/0037680, hereinafter Park in view of US 2021/02888314, hereinafter Liu.
Regarding claim 1, Park teaches a composite cathode active material comprising
(paragraph [0031]): a core comprising a lithium transition metal oxide (figure 1, composite
oxide core 1 and paragraph [0040]); and a shell (figure 1, paragraphs [0036]-[0037], shell) on
and conformed to a surface of the core (figure 1, core 1), wherein the shell comprises at least
one first metal oxide (figure 1, material which is chemically inert to lithium 3, paragraphs
[0051]-[0053]), at least one carbon-based material (figure 1, carbon nanotube 2, paragraph
[0048] and paragraph [0104]), the at least one first metal oxide is arranged in a matrix of the at
least one carbon-based material (paragraph [0104]), and is at least one selected from Al2Oz
among (where 0<z<3), NbOx (where 0<x<2.5), MgOx (where 0<x<1), Sc2Oz (where 0<z<3), TiOy
(where 0<y<2), ZrOy (where 0<y<2), V2Oz (where 0<z<3), WOy (where 0<y<2), MnOy (where
0<y<2), Fe2Oz (where 0<z<3), Co3Ow (where 0<w<4), PdOx (where 0<x<1), CuOx (where 0<x<1), AgOx (where 0<x<1), ZnOx (where 0<x<1), Sb2Oz (where 0<z<3), and SeOy (where 0<y<2) (paragraphs [0052]-[0053]), the at least one carbon-based material comprises a carbon
nanofiber, a carbon nanotube (paragraph [0047]), or a combination thereof, and the at least
one carbon-based material comprises fibrous carbon having an aspect ratio of greater than or
equal to 10 (paragraph [0048]).
It has been held, in the case where the claimed ranges "overlap or lie inside ranges
disclosed by the prior art" a prima facie case of obviousness exists. The instant specification
does not show criticality for the entire claimed ranges as recited in claim 1. See MPEP 2144.05.
Park does not teach the at least one carbon-based material further comprises a graphene matrix and a crystalline carbon-based nanostructure.
Liu teaches a lithium-ion battery cathode active material comprising a core of cathode active material encapsulated by a shell comprising multiple graphene sheets and the graphene can contain pristine graphene, oxidized graphene, graphene fluoride, graphene oxide, functionalized graphene, etc. (abstract, paragraphs [0016], [0068] and [0123]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art
before the effective filing date of the claimed invention to include at least two forms of graphene in the shell of Park (which comprises nanofibers already) as taught by Liu, in order to provide a cathode active material that provides a 3D network of electron-conducting pathways having a reduced weight and volume which will also prevent direct contact between a liquid electrolyte and a transition metal in the cathode active material, thereby reducing decomposition of the electrolyte (paragraphs [0010] and [0011]).
Regarding claim 3, Park as modified by Liu teaches the composite cathode active
material of claim 1, wherein the carbon nanotube comprises primary carbon nanotube
structures and a secondary carbon nanotube structure formed by agglomeration of multiple
particles of the primary carbon nanotube structures, wherein a primary carbon nanotube
structure of the primary carbon nanotube structures is one carbon nanotube unit of the carbon
nanotube (paragraph [0104], mixture processed with Noblita mixer (from Hosokawa), same
process as used by applicant in Example 1, which will result in the recited composition of claim
3).
Regarding claim 4, Park as modified by Liu teaches the composite cathode active
material of claim 3, wherein the primary carbon nanotube structure comprises a single-walled
carbon nanotube (SWCNT), a double-walled carbon nanotube (DWCNT), a multi-walled carbon
nanotube (MWCNT), or a combination thereof (paragraph [0048]).
Regarding claim 5, Park as modified by Liu teaches the composite cathode active
material of claim 3, wherein the primary carbon nanotube structure has a diameter in a range
of about 1 nm to about 20 nm (paragraph [0050]) and a length in a range of about 100 nm to
about 2 m (paragraph [0104]).
Regarding claim 6, Park as modified by Liu teaches the composite cathode active
material of claim 3, wherein the secondary carbon nanotube structure is a bundle carbon
nanotube structure, a rope carbon nanotube structure, or a combination thereof (paragraph
[0048]).
Regarding claim 7, Park as modified by Liu teaches the composite cathode active
material of claim 3, wherein the secondary carbon nanotube structure has a diameter in a
range of about 2 nm to about 50 nm (paragraph [0050]) and a length in a range of about 500
nm to about 1,000 m (paragraph [0104]).
Regarding claim 8, Park as modified by Liu teaches the composite cathode active
material of claim 1, wherein an amount of the second carbon-based material is in a range of
about 0.1 wt% to about 50 wt% based on the total weight of the first carbon-based material
and the second carbon-based material, the amount of the second carbon-based material is in a
range of about 0.001 wt% to about 1 wt% based on the total weight of the composite cathode active material, and the second carbon-based material is on a surface of the composite cathode
active material (paragraph [0104]).
Regarding claim 12, Park as modified by Liu teaches the composite cathode
active material of claim 1, wherein a size of at least one selected from among the first metal
oxide and the second metal oxide is in a range of about 1 nm to about 100 nm (Park, paragraph
[0054]).
Regarding claim 13, Park as modified by Liu teaches the composite cathode
active material of claim 1, wherein the shell comprises the first carbon-based material in a
direction protruding from a surface of at least one selected from among the first metal oxide
and the second metal oxide (figure 1), and the shell has a thickness in a range of about 1 nm to
about 5 m (Park, paragraph [0039]).
Regarding claim 14, Park as modified by Liu teaches the composite cathode active
material of claim 1, wherein the shell comprises at least one selected from among a composite,
which comprises the at least one first metal oxide, the carbon-based material, and a milling
product of the composite, and an amount of at least one selected from among the composite
and the milling product of the composite is in a range of about 0.01 wt% to about 5 wt% based
on the total weight of the composite cathode active material (paragraph [0104]). The
combination of Park and Liu as discussed in claim 1 is incorporated herein and includes two
carbon-based materials.
Regarding claim 15, Park as modified by Liu teaches the composite cathode active
material of claim 14.
Liu teaches a graphene nanostructure as discussed above, which has a branched
structure.
One of ordinary skill in the art would have readily recognized that the combination of
Park and Liu, as applied to the rejection of claim 1, necessarily teaches or suggests a
structure wherein:
(i) the at least one first metal oxide is distributed throughout the branched structure;
and (ii) the branched structure comprises a plurality of first carbon-based material particles that establish direct contact with one another.
The technical disclosures of Park, (paragraph [0104]), when combined with the
teachings of Liu (abstract, paragraphs [0016], [0068] and [0123]), render these structural characteristics an inevitable consequence of the combined manufacturing process and compositional parameters disclosed therein. The interrelationship between the metal oxide distribution and the interconnected carbon-based material particles represents a predictable structural arrangement that flows directly from the combined teachings of the references, as would be appreciated by those skilled in the relevant art.
Regarding claim 16, Park as modified by Liu teaches the composite cathode active
material of claim 1, wherein the lithium transition metal oxide is represented by one of
Formulae 1 to 8: as recited in claim 16 (paragraphs [0041]-[0044] and examples 1-11).
Regarding claim 17, Park as modified by Liu teaches a cathode comprising the
composite cathode active material of claim 1 (figure 3, cathode 114).
Regarding claim 18, Park teaches a cathode (figure 3, cathode 114) comprising a dry
composite cathode active material (paragraphs [0031] and [0104]), a dry conductive material (paragraph [0061]), and a dry binder (paragraph [0062]), wherein the dry composite cathode active material comprises: a core comprising a lithium transition metal oxide (figure 1, composite oxide core 1 and paragraph [0040]); and a shell (figure 1, paragraphs [0036]-[0037], shell) on and conformed to a surface of the core (figure 1, core 1), wherein the shell comprises at least one first metal oxide (figure 1, material which is chemically inert to lithium 3, paragraphs [0051]-[0053]), at least one carbon-based material (figure 1, carbon nanotube 2, paragraph [0048] and paragraph [0104]), the at least one first metal oxide is arranged in a matrix of the at least one carbon-based material (paragraph [0104]), and is at least one selected from Al2Oz among (where 0<z<3), NbOx (where 0<x<2.5), MgOx (where 0<x<1), Sc2Oz (where 0<z<3), TiOy (where 0<y<2), ZrOy (where 0<y<2), V2Oz (where 0<z<3), WOy (where 0<y<2), MnOy (where 0<y<2), Fe2Oz (where 0<z<3), Co3Ow (where 0<w<4), PdOx (where 0<x<1), CuOx (where 0<x<1), AgOx (where 0<x<1), ZnOx (where 0<x<1), Sb2Oz (where 0<z<3), and SeOy (where 0<y<2) (paragraphs [0052]-[0053]), the at least one carbon-based material comprises a carbon nanofiber, a carbon nanotube (paragraph [0047]), or a combination thereof, and the at least one carbon-based material comprises fibrous carbon having an aspect ratio of greater than or equal to 10 (paragraph [0048]).
It has been held, in the case where the claimed ranges "overlap or lie inside ranges
disclosed by the prior art" a prima facie case of obviousness exists. The instant specification
does not show criticality for the entire claimed ranges as recited in claim 18. See MPEP 2144.05.
Park does not teach the at least one carbon-based material further comprises a graphene matrix and a crystalline carbon-based nanostructure.
Liu teaches a lithium-ion battery cathode active material comprising a core of cathode active material encapsulated by a shell comprising multiple graphene sheets and the graphene can contain pristine graphene, oxidized graphene, graphene fluoride, graphene oxide, functionalized graphene, etc. (abstract, paragraphs [0016], [0068] and [0123]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art
before the effective filing date of the claimed invention to include at least two forms of graphene in the shell of Park (which comprises nanofibers already) as taught by Liu, in order to provide a cathode active material that provides a 3D network of electron-conducting pathways having a reduced weight and volume which will also prevent direct contact between a liquid electrolyte and a transition metal in the cathode active material, thereby reducing decomposition of the electrolyte (paragraphs [0010] and [0011]).
Regarding claim 19, Park as modified by Liu teaches, a lithium battery comprising:
the cathode of claim 18 (figure 3, cathode 114); an anode (figure 3, anode 112); and an
electrolyte (paragraphs [0076]-[0077]) between the cathode and the anode.
Regarding claim 20, Park teaches a method of preparing a composite positive electrode
active material, the method comprising: providing a lithium transition metal oxide (figure 1,
composite oxide core 1 and paragraph [0040]); providing a composite (figure 1, material which
is chemically inert to lithium 3, paragraphs [0051]-[0053]; providing at least one carbon-based
material (figure 1, carbon nanotube 2, paragraph [0048]); and mechanically milling the lithium
transition metal oxide, the composite, and the at least one carbon-based material ((paragraph
[0104]), wherein the composite comprises at least one first metal oxide, the at least one first
metal oxide is arranged in a matrix of the at least one carbon-based material (paragraph
[0104]), and is at least one selected from Al2Oz among (where 0<z<3), NbOx (where 0<x<2.5),
MgOx (where 0<x<1), Sc2Oz (where 0<z<3), TiOy (where 0<y<2), ZrOy (where 0<y<2), V2Oz
(where 0<z<3), WOy (where 0<y<2), MnOy (where 0<y<2), Fe2Oz (where 0<z<3), Co3Ow (where 0<w<4), PdOx (where 0<x<1), CuOx (where 0<x<1), AgOx (where 0<x<1), ZnOx (where 0<x<1), Sb2Oz (where 0<z<3), and SeOy (where 0<y<2) (paragraphs [0052]-[0053]), the at least one carbon-based material comprises a carbon nanofiber, a carbon nanotube (paragraph [0047]), or a combination thereof, and the at least one carbon-based material comprises fibrous carbon having an aspect ratio of greater than or equal to 10 (paragraph [0048]).
It has been held, in the case where the claimed ranges "overlap or lie inside ranges
disclosed by the prior art" a prima facie case of obviousness exists. The instant specification
does not show criticality for the entire claimed ranges as recited in claim 20. See MPEP 2144.05.
Park does not teach the at least one carbon-based material further comprises a graphene matrix and a crystalline carbon-based nanostructure.
Liu teaches a lithium-ion battery cathode active material comprising a core of cathode active material encapsulated by a shell comprising multiple graphene sheets and the graphene can contain pristine graphene, oxidized graphene, graphene fluoride, graphene oxide, functionalized graphene, etc. (abstract, paragraphs [0016], [0068] and [0123]).
Therefore, it would have been prima facie obvious to someone of ordinary skill in the art
before the effective filing date of the claimed invention to include at least two forms of graphene in the shell of Park (which comprises nanofibers already) as taught by Liu, in order to provide a cathode active material that provides a 3D network of electron-conducting pathways having a reduced weight and volume which will also prevent direct contact between a liquid electrolyte and a transition metal in the cathode active material, thereby reducing decomposition of the electrolyte (paragraphs [0010] and [0011]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT W HODGE whose telephone number is (571)272-2097. The examiner can normally be reached M-F 8-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Thomas can be reached at (571) 272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT W HODGE/Supervisory Patent Examiner, Art Unit 3654
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