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 .
Response to Arguments
Applicant’s arguments with respect to claims 19-20, 22-26, 32-37, 21, and 38 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 19, 20, 22, 23, 24, 25, 26, 32, 34, 36, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US-20210202940-A1) and further in view of Kimura (US-20150044534-A1), Qian (Qian, Guannan et al. “Single-Crystal Nickel-Rich Layered-Oxide Battery Cathode Materials: Synthesis, Electrochemistry, and Intra-Granular Fracture.” Energy Storage Materials, vol. 27, 23 January 2020, pp. 140–149.), Yamaguchi (US 20230155121 A1), and Levasseur (US 20100084615 A1).
Regarding claim 19, Li teaches a material for a positive electrode of a battery (abstract, [a coated cathode material]), comprising
a ternary material (para. 0028, the cathode material may be one of … NCM or NCA) and
a phase-transition material (para. 0028, [the cathode material … may be coated with .. lithium iron manganese phosphate]),
and the phase-transition material is coated on a surface of the ternary material (para. 0028, [the cathode material … may be coated with … lithium iron manganese phosphate]);
primary particles in the phase-transition material have a D50 of 10-50 nm (para. 0062, [the particle size of the coating … LFMP … may be between 0.01 to 10 microns); and
a weight ratio of the ternary material to the phase-transition material is 80:20 – 99.8:0.2 (para. 0048, [the coating may be present between 10 to 20 wt. %]) (para. 0050, [the coating may be a lithium iron manganese phosphate compound (LFMP) coating])
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Li is silent regarding:
- the ternary material has a D50 of 3.0-6.0 µm
Kimura, in the same field of endeavor, batteries, teaches a ternary material has a D50 of 3.0-6.0 µm (Kimura, para. 0065, [an NMC material with a particle size of 0.1 microns to 20 microns]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have a ternary material of 3.0-6.0 µm, as taught by Kimura, in order to prevent the possible deterioration of the battery performance (Kimura para. 0065). Kimura explains that the tap density of the cathode material is lowered when the particle size is too small (Kumura para. 0065). Kimura also explains that deterioration occurs with larger particles due to the slow spread of lithium ions (para. 0065).
Li does not teach:
the ternary material has a single crystal structure,
the phase-transition material has a single crystal structure or a poly-crystalline structure,
Qian, in the same field of endeavor, teaches that ternary NMC materials that have single crystal structure (abstract).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a single crystal NMC material in Li’s cathode, as taught by Qian. Qian teaches that single crystal NMC materials show high specific capacity, excellent capacity retention, and are stable against intra-granular fracture (abstract).
Levasseur, in the same field of endeavor, batteries, teaches a LFMP material with that has a single crystal structure or a poly-crystalline structure (para. 0006, [providing a crystalline LFMP powder]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a crystalline LFMP material in Li’s LFMP phase-transition material, as taught by Levasseur, in order to provide a crystalline LFMP powder with small particle size and narrow particle size distribution in order to ensure a homogeneous current distribution in the electrode and thus achieve better battery performance such as high power efficiency cand long cycle life (Levasseur, para. 0006).
Modified Li teaches:
wherein the phase-transition material undergoes phase transition in a charge/discharge voltage window of the ternary material; (Modified Li teaches the materials as claimed in claim 19, which include the ternary material made of NMC (Li, para. 0028) and the phase-transition material made of LFMP (Li, para. 0050), and therefore teaches the phase-transition material undergoes phase transition in a charge/discharge voltage window of the ternary material).
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims (NMC and LFMP materials), claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Li is silent regarding:
- the ternary material has a nanohardness of 0.001-5 GPa, and
- the phase-transition material has a nanohardness of 0.01-10 GPa;
Yamaguchi, in the same field of endeavor, batteries, teaches that various physical properties, especially hardness, are adjusted by controlling the crystal structure (para. 0097) and teaches that when Vickers hardness (nanohardness) is controlled, the strain in the crystal structure can be maintained (Yamaguchi, para. 0177).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filled, to have optimized the nanohardness of the ternary material and the phase-transition material according to the electrode’s needs. It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art, at the time the instant invention was filed, to have arrived at hardness values that would allow the crystal structure of the electrode material, to be maintained.
Regarding claim 20, modified Li teaches the material according to claim 19.
Modified Li is silent regarding the nanohardness and does not teach that the nanohardness of the ternary material is 0.2-1.4 GPa, and the nanohardness of the phase-transition material is 1.5-3.5 GPa.
Yamaguchi, in the same field of endeavor, batteries, teaches that various physical properties, especially hardness, are adjusted by controlling the crystal structure (para. 0097) and teaches that when Vickers hardness (nanohardness) is controlled, the strain in the crystal structure can be maintained (Yamaguchi, para. 0177).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filled, to have optimized the nanohardness of the ternary material and the phase-transition material according to the electrode’s needs. It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art, at the time the instant invention was filed, to have arrived at hardness values that would allow the crystal structure of the electrode material, to be maintained.
Regarding claim 22, Modified Li teaches the material according to claim 19, wherein the D50 of the ternary material is 3.5-5.0 µm (Kimura, para. 0065, [an NMC material with a particle size of 0.1 microns to 20 microns]), and the D50 of the primary particles in the phase-transition material is 20-40 nm (Li, para. 0062, [the particle size of the coating … LFMP … may be between 0.01 to 10 microns).
Regarding claim 23, modified Li teaches the material according to claim 19, wherein the ternary material has a chemical formula of LiNixCoyMzO2, wherein x+y+z=1 and x>0.6, and M comprises Mn, Al, Zr, Ti, Y, Sr, or W; (Li, para. 0028, [the cathode material may include a compound having a composition of LiaM1-yDyAOz, where 0.95 ≤ a ≤ 1.10, 0.01 ≤ y ≤ 0.95, 0≤z≤4, M is at least one element selected from the group comprising Ni , Co , Mn , … , A is selected from the group comprising O … and D is at least one element selected from the group comprising … Co).
Regarding claim 24, modified Li teaches the material according to claim 19, wherein the ternary material comprises a nickel-cobalt-manganese ternary material (Li, para. 0028, the cathode material may be one of … NCM or NCA).
Regarding claim 25, modified Li teaches the material according to claim 19, wherein the phase-transition material has an olivine structure (Li, para. 0070, [the coating … may comprise a lattice mimicking an olivine structure]).
Regarding claim 26, modified Li teaches the material according to claim 25, wherein the phase-transition material comprises lithium manganese iron phosphate (Li, para. 0028, [the cathode material … may be coated with .. lithium iron manganese phosphate]).
Regarding claim 32, modified Li teaches a positive electrode plate for the battery (Li, para. 0042, [the cathode material may comprise a surface or exterior surface]), comprising a current collector and the material according to claim 19 provided on the current collector (para. 0097, [a cathode is prepared by… applying a cathode active compound … to a current collector]).
Regarding claim 34, Li teaches a battery (para. 0089, [battery]), comprising: a positive electrode plate (para. 0089, [cathode]), a negative electrode plate (para. 0089, [anode]), and a separator provided between the positive electrode plate and the negative electrode plate (para. 0097, [the cathode electrode was assembled in a single layer pouch]) (Examiner notes that a single layer pouch consists of a cathode, anode, and separator disposed in between), the positive electrode plate comprising a current collector (para. 0097, [current collector foil]) and a material provided on the current collector (para. 0097, [a cathode active compound … to a current collector]),
comprising :
a ternary material (para. 0028, the cathode material may be one of … NCM or NCA) and
a phase-transition material (para. 0028, [the cathode material … may be coated with .. lithium iron manganese phosphate]),
and the phase-transition material is coated on a surface of the ternary material (para. 0028, [the cathode material … may be coated with … lithium iron manganese phosphate]);
primary particles in the phase-transition material have a D50 of 10-50 nm (para. 0062, [the particle size of the coating … LFMP … may be between 0.01 to 10 microns);
a weight ratio of the ternary material to the phase-transition material is 80:20 – 99.8:0.2 (para. 0048, [the coating may be present between 10 to 20 wt. %]) (para. 0050, [the coating may be a lithium iron manganese phosphate compound (LFMP) coating])
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Li is silent regarding:
- the ternary material has a D50 of 3.0-6.0 µm
Kimura, in the same field of endeavor, batteries, teaches a ternary material has a D50 of 3.0-6.0 µm (Kimura, para. 0065, [an NMC material with a particle size of 0.1 microns to 20 microns]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have a ternary material of 3.0-6.0 µm, as taught by Kimura, in order to prevent the possible deterioration of the battery performance (Kimura para. 0065). Kimura explains that the tap density of the cathode material is lowered when the particle size is too small (Kumura para. 0065). Kimura also explains that deterioration occurs with larger particles due to the slow spread of lithium ions (para. 0065).
Li does not teach:
the ternary material has a single crystal structure,
the phase-transition material has a single crystal structure or a poly-crystalline structure,
Qian, in the same field of endeavor, teaches that ternary NMC materials that have single crystal structure (abstract).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a single crystal NMC material in Li’s cathode, as taught by Qian. Qian teaches that single crystal NMC materials show high specific capacity, excellent capacity retention, and are stable against intra-granular fracture (abstract).
Levasseur, in the same field of endeavor, batteries, teaches a LFMP material with that has a single crystal structure or a poly-crystalline structure (para. 0006, [providing a crystalline LFMP powder]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a crystalline LFMP material in Li’s LFMP phase-transition material, as taught by Levasseur, in order to provide a crystalline LFMP powder with small particle size and narrow particle size distribution in order to ensure a homogeneous current distribution in the electrode and thus achieve better battery performance such as high power efficiency cand long cycle life (Levasseur, para. 0006).
Modified Li teaches:
wherein the phase-transition material undergoes phase transition in a charge/discharge voltage window of the ternary material; (Modified Li teaches the materials as claimed in claim 34, which include the ternary material made of NMC (Li, para. 0028) and the phase-transition material made of LFMP (Li, para. 0050), and therefore teaches the phase-transition material undergoes phase transition in a charge/discharge voltage window of the ternary material).
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims (NMC and LFMP materials), claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Li is silent regarding:
- the ternary material has a nanohardness of 0.001-5 GPa, and
- the phase-transition material has a nanohardness of 0.01-10 GPa;
Yamaguchi, in the same field of endeavor, batteries, teaches that various physical properties, especially hardness, are adjusted by controlling the crystal structure (para. 0097) and teaches that when Vickers hardness (nanohardness) is controlled, the strain in the crystal structure can be maintained (Yamaguchi, para. 0177).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filled, to have optimized the nanohardness of the ternary material and the phase-transition material according to the electrode’s needs. It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art, at the time the instant invention was filed, to have arrived at hardness values that would allow the crystal structure of the electrode material, to be maintained.
Regarding claim 36, modified Li teaches the battery according to claim 34, wherein the ternary material has a chemical formula of LiNixCoyMzO2, wherein x+y+z=1 and x>0.6, and M comprises Mn, Al, Zr, Ti, Y, Sr, or W; (Li, para. 0028, [the cathode material may include a compound having a composition of LiaM1-yDyAOz, where 0.95 ≤ a ≤ 1.10, 0.01 ≤ y ≤ 0.95, 0≤z≤4, M is at least one element selected from the group comprising Ni , Co , Mn , … , A is selected from the group comprising O … and D is at least one element selected from the group comprising … Co)
Regarding claim 37, modified Li teaches the battery according to claim 34, wherein the phase-transition material has an olivine structure (Li, para. 0070, [the coating … may comprise a lattice mimicking an olivine structure]) and a chemical formula of LiMnvFewPO4, wherein v+w=1 and v is in a range of 0.5-0.85 (para. 0028, [(LFMP) having a composition of LiaFe1-x-yMnxDy(PO4)z, wherein 1.0 ≤ a ≤ 1.10, 0 < x ≤ 0.5, O≤y≤0.1 , 1.0 < z ≤ 1.1 , and D is selected from the group consisting of Ni , V , Co , Nb , and combinations thereof]).
Claims 21 and 38 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US-20210202940-A1) and further in view of Kimura (US-20150044534-A1), Qian (Qian, Guannan et al. “Single-Crystal Nickel-Rich Layered-Oxide Battery Cathode Materials: Synthesis, Electrochemistry, and Intra-Granular Fracture.” Energy Storage Materials, vol. 27, 23 January 2020, pp. 140–149.), Levasseur (US 20100084615 A1), and Theivanayagam (US 20160149205 A1).
Regarding claim 21, modified Li teaches the material according to claim 19.
Modified Li does not teach wherein the ternary material has a tap density of 2.0-2.8 g/cm3 and the phase-transition material has a tap density of 0.8-1.5 g/cm3.
Theivanayagam, in the same field of endeavor, NCM and LFMP materials, teaches wherein the ternary material has a tap density of 2.0-2.8 g/cm3 and the phase-transition material has a tap density of 0.8-1.5 g/cm3. (Theivanayagam, Table 1, LiNMC – 2.2 g/cc and LMFP – ranges from 0.7 to 1.1 g/cc.)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have Li’s cathode materials to have a specific tap density, as taught by Theivanayagam, in order to achieve suitable densities on a metal foil when making the cathode, as taught by Theivanayagam (para. 0033).
Regarding claim 38, modified Li teaches the battery according to claim 34.
Modified Li does not teach wherein the ternary material has a tap density of 2.0-2.8 g/cm3 and the phase-transition material has a tap density of 0.8-1.5 g/cm3.
Theivanayagam, in the same field of endeavor, NCM and LFMP materials, teaches wherein the ternary material has a tap density of 2.0-2.8 g/cm3 and the phase-transition material has a tap density of 0.8-1.5 g/cm3. (Theivanayagam, Table 1, LiNMC – 2.2 g/cc and LMFP – ranges from 0.7 to 1.1 g/cc.)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have Li’s cathode materials to have a specific tap density, as taught by Theivanayagam, in order to achieve suitable densities on a metal foil when making the cathode, as taught by Theivanayagam (para. 0033).
Claims 39 – 40 and 42-44 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20210202940 A1) and further in view of Kimura (US-20150044534-A1), Qian (Qian, Guannan et al. “Single-Crystal Nickel-Rich Layered-Oxide Battery Cathode Materials: Synthesis, Electrochemistry, and Intra-Granular Fracture.” Energy Storage Materials, vol. 27, 23 January 2020, pp. 140–149.), Yamaguchi (US 20230155121 A1), and Levasseur (US 20100084615 A1).
Regarding claim 39, Li teaches a material for a positive electrode of a battery (abstract, [a coated cathode material]), comprising
a ternary material (para. 0028, the cathode material may be one of … NCM or NCA) and
a phase-transition material (para. 0028, [the cathode material … may be coated with .. lithium iron manganese phosphate]),
the ternary material has a chemical formula of LiNixCoyMzO2, wherein x+y+z=1 and x>0.6, and M comprises Mn, Al, Zr, Ti, Y, Sr, or W; (para. 0028, [the cathode material may include a compound having a composition of LiaM1-yDyAOz, where 0.95 ≤ a ≤ 1.10, 0.01 ≤ y ≤ 0.95, 0≤z≤4, M is at least one element selected from the group comprising Ni , Co , Mn , … , A is selected from the group comprising O … and D is at least one element selected from the group comprising … Co)
and the phase-transition material is coated on a surface of the ternary material (para. 0028, [the cathode material … may be coated with … lithium iron manganese phosphate]);
primary particles in the phase-transition material have a D50 of 10-50 nm (para. 0062, [the particle size of the coating … LFMP … may be between 0.01 to 10 microns); and
the phase-transition material has an olivine structure (para. 0070, [the coating … may comprise a lattice mimicking an olivine structure])
and a chemical formula of LiMnvFewPO4, wherein v+w=1 and v is in a range of 0.5-0.85 (para. 0028, [(LFMP) having a composition of LiaFe1-x-yMnxDy(PO4)z, wherein 1.0 ≤ a ≤ 1.10, 0 < x ≤ 0.5, O≤y≤0.1 , 1.0 < z ≤ 1.1 , and D is selected from the group consisting of Ni , V , Co , Nb , and combinations thereof])
a weight ratio of the ternary material to the phase-transition material is 80:20 – 99.8:0.2 (para. 0048, [the coating may be present between 10 to 20 wt. %]) (para. 0050, [the coating may be a lithium iron manganese phosphate compound (LFMP) coating])
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
Li is silent regarding:
- the ternary material has a D50 of 3.0-6.0 µm
Kimura, in the same field of endeavor, batteries, teaches a ternary material has a D50 of 3.0-6.0 µm (Kimura, para. 0065, [an NMC material with a particle size of 0.1 microns to 20 microns]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05].
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have a ternary material of 3.0-6.0 µm, as taught by Kimura, in order to prevent the possible deterioration of the battery performance (Kimura para. 0065). Kimura explains that the tap density of the cathode material is lowered when the particle size is too small (Kumura para. 0065). Kimura also explains that deterioration occurs with larger particles due to the slow spread of lithium ions (para. 0065).
Li does not teach:
the ternary material has a single crystal structure,
the phase-transition material has a single crystal structure or a poly-crystalline structure,
Qian, in the same field of endeavor, teaches that ternary NMC materials that have single crystal structure (abstract).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a single crystal NMC material in Li’s cathode, as taught by Qian. Qian teaches that single crystal NMC materials show high specific capacity, excellent capacity retention, and are stable against intra-granular fracture (abstract).
Levasseur, in the same field of endeavor, batteries, teaches a LFMP material with that has a single crystal structure or a poly-crystalline structure (para. 0006, [providing a crystalline LFMP powder]).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a crystalline LFMP material in Li’s LFMP phase-transition material, as taught by Levasseur, in order to provide a crystalline LFMP powder with small particle size and narrow particle size distribution in order to ensure a homogeneous current distribution in the electrode and thus achieve better battery performance such as high power efficiency cand long cycle life (Levasseur, para. 0006).
Modified Li teaches:
wherein the phase-transition material undergoes phase transition in a charge/discharge voltage window of the ternary material; (Modified Li teaches the materials as claimed in claim 39, which include the ternary material made of NMC (Li, para. 0028) and the phase-transition material made of LFMP (Li, para. 0050), and therefore teaches the phase-transition material undergoes phase transition in a charge/discharge voltage window of the ternary material).
Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims (NMC and LFMP materials), claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Li is silent regarding:
- the ternary material has a nanohardness of 0.001-5 GPa, and
- the phase-transition material has a nanohardness of 0.01-10 GPa;
Yamaguchi, in the same field of endeavor, batteries, teaches that various physical properties, especially hardness, are adjusted by controlling the crystal structure (para. 0097) and teaches that when Vickers hardness (nanohardness) is controlled, the strain in the crystal structure can be maintained (Yamaguchi, para. 0177).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filled, to have optimized the nanohardness of the ternary material and the phase-transition material according to the electrode’s needs. It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art, at the time the instant invention was filed, to have arrived at hardness values that would allow the crystal structure of the electrode material, to be maintained.
Regarding claim 40, Modified Li teaches the material according to claim 39.
Modified Li is silent regarding the nanohardness and does not teach that the nanohardness of the ternary material is 0.2-1.4 GPa, and the nanohardness of the phase-transition material is 1.5-3.5 GPa.
Yamaguchi, in the same field of endeavor, batteries, teaches that various physical properties, especially hardness, are adjusted by controlling the crystal structure (para. 0097) and teaches that when Vickers hardness (nanohardness) is controlled, the strain in the crystal structure can be maintained (Yamaguchi, para. 0177).
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art at the time the instant invention was filled, to have optimized the nanohardness of the ternary material and the phase-transition material according to the electrode’s needs. It is the Examiner’s position that this routine optimization would have led one of ordinary skill in the art, at the time the instant invention was filed, to have arrived at hardness values that would allow the crystal structure of the electrode material, to be maintained.
Regarding claim 42, Modified Li teaches the material according to claim 39, wherein the D50 of the ternary material is 3.5-5.0 µm (Kimura, para. 0065, [an NMC material with a particle size of 0.1 microns to 20 microns]), and the D50 of the primary particles in the phase-transition material is 20-40 nm (Li, para. 0062, [the particle size of the coating … LFMP … may be between 0.01 to 10 microns).
Regarding claim 43, Modified Li teaches the material according to claim 39, wherein the ternary material comprises a nickel-cobalt-manganese ternary material (Li, para. 0028, the cathode material may be one of … NCM or NCA)
Regarding claim 44, Modified Li the material according to claim 39, wherein the phase-transition material comprises lithium manganese iron phosphate (para. 0028, [the cathode material … may be coated with .. lithium iron manganese phosphate]).
Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20210202940 A1) and further in view of Kimura (US-20150044534-A1), Qian (Qian, Guannan et al. “Single-Crystal Nickel-Rich Layered-Oxide Battery Cathode Materials: Synthesis, Electrochemistry, and Intra-Granular Fracture.” Energy Storage Materials, vol. 27, 23 January 2020, pp. 140–149.), Yamaguchi (US 20230155121 A1), Levasseur (US 20100084615 A1), and Theivanayagam (US 20160149205 A1).
Regarding claim 41, Modified Li teaches the material according to claim 39, wherein the ternary material has a tap density of 2.0-2.8 g/cm3 and the phase-transition material has a tap density of 0.8-1.5 g/cm3.
Theivanayagam, in the same field of endeavor, NCM and LFMP materials, teaches wherein the ternary material has a tap density of 2.0-2.8 g/cm3 and the phase-transition material has a tap density of 0.8-1.5 g/cm3. (Theivanayagam, Table 1, LiNMC – 2.2 g/cc and LMFP – ranges from 0.7 to 1.1 g/cc.)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have Li’s cathode materials to have a specific tap density, as taught by Theivanayagam, in order to achieve suitable densities on a metal foil when making the cathode, as taught by Theivanayagam (para. 0033).
Allowable Subject Matter
Claims 33 and 35 objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 33, the closest available prior art to the subject matter is Li (US 20210202940 A1).
Even though Li teaches that the ternary material is a NCM material (para. 0028, the cathode material may be one of … NCM or NCA) and the phase-transition material is a lithium manganese iron phosphate (para. 0028, [the cathode material … may be coated with ... lithium iron manganese phosphate]), he fails to provide teaching regarding the crystal orientation of the electrode materials and fails to teach the intensity ratio of the crystallographic orientation of the electrode.
This feature differentiates the instant from the prior art, and therefore, claim 33 is considered to be allowable subject matter.
Regarding claim 35, the closest available prior art to the subject matter is Li (US 20210202940 A1).
Even though Li teaches that the ternary material is a NCM material (para. 0028, the cathode material may be one of … NCM or NCA) and the phase-transition material is a lithium manganese iron phosphate (para. 0028, [the cathode material … may be coated with ... lithium iron manganese phosphate]), he fails to provide teaching regarding the crystal orientation of the electrode materials and fails to teach the intensity ratio of the crystallographic orientation of the electrode.
This feature differentiates the instant from the prior art, and therefore, claim 33 is considered to be allowable subject matter.
Conclusion
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/V.G./Examiner, Art Unit 1721
/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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