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 Amendment
The Amendment filed on 5/8/2026 has been entered. Claim 5 is cancelled. Claims 1-4 and 6-14 remain pending in the application.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (US 2023/0121840, hereinafter "Cheng") in view of Hisashi et al. (US 2005/0153205, hereinafter "Hisashi").
Regarding claim 1, Cheng teaches a lithium-rich oxide coated by a carbon layer used as an additive in a positive electrode [0059, “The carbon-coated lithium-rich oxide composite material may be used as the additives to provide the irreversible lithium consumed in the initial charge-discharge process of the positive electrode material”]. Since the carbon layer is coated onto the lithium-rich oxide, the carbon is inherently adsorbed onto a surface of the lithium-rich oxide. Cheng further discloses that the lithium-rich oxide may be Li6CoO4 (“lithium cobalt oxide”) [0059, The lithium-rich oxide is anti-fluorite structures Li5FeO4 or Li6CoO4”]. The lithium-rich oxide formula of Li6CoO4 is equivalent to the Chemical Formula 1 recited in claim 1 when p is 6 and q is 0. Cheng does not specifically teach the carbon layer being adsorbed onto 70% or more of an entire surface of the lithium-rich oxide.
Hisashi teaches analogous art of a positive electrode material comprising a carbon-covered lithium transition metal oxide which comprises a lithium transition metal oxide and carbon black attached on a surface thereof [Abstract; entire disclosure relied upon]. Hisashi teaches that the carbon black covers at least 80% of the lithium transition metal oxide, which is within the recited range [0012]. Hisashi also discloses that cobalt oxide lithium is preferably used for the lithium transition metal oxide [0036].
Hisashi teaches that the degree of covering of the carbon black on the lithium transition metal oxide is preferably at least 80%, because the higher the covered ratio, the higher the electroconductivity of the material, which improves the cell properties [0039]. Cheng also teaches that the purpose of the carbon layer on the lithium-rich oxide is to improve its conductivity, which is beneficial to its performance [0035].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the carbon layer of the positive electrode additive taught by Cheng to cover at least 80% of the lithium cobalt oxide, in order to further improve the conductivity of the additive.
Further regarding claim 2, Cheng teaches that the lithium-rich oxide is mixed with a carbon source to obtain the carbon-coated lithium-rich oxide composite material [0010]. Cheng discloses that the carbon source for the carbon coating may be one or more of conductive carbon black, Ketjen black, carbon nanotube, acetylene black, or graphene [0018]. Cheng also teaches a specific example of carbon-coated Li6CoO4, Example 6, wherein the carbon source is carbon black [0068].
Further regarding claim 6, Cheng teaches that based on the total weight of the lithium-rich oxide and the carbon source, the carbon source is 0.5-10 wt % [0019]. In other words, the ratio of the parts by weight of the carbon source to the parts by weight of the lithium-rich oxide is in a range of 0.5:99.5 to 10:90, which translates to 0.5 wt % to 11.1 wt % of the carbon source based on the total weight of the lithium-rich oxide, or 0.5 parts by weight of the carbon source to 11.1 parts by weight of the carbon source based on 100 parts by weight of the lithium-rich oxide, which is within the recited range of 0.1 to 20. Cheng also teaches a specific example of carbon-coated Li6CoO4, Example 6, wherein the carbon source is 2 wt % of the of the total weight of the carbon-coated Li6CoO4, or 2.04 parts by weight of the carbon source with respect to 100 parts by weight of the Li6CoO4 [0068].
Further regarding claim 8, Cheng teaches a specific example of carbon-coated Li6CoO4, Example 6, wherein the average particle size of Li6CoO4 is 5 µm, which is within the recited range of 0.1 to 10 µm [0068, “Li6CoO4 obtained by sintering is crushed until the average particle size is 5 μm”].
Further regarding claim 9, Cheng teaches that Li6CoO4 has an anti-fluorite structure [0059, “The lithium-rich oxide is anti-fluorite structures Li5FeO4 or Li6CoO4”]. Guo et al. (Bifunctional Li6CoO4 serving as prelithiation reagent and pseudocapacitive electrode for lithium ion capacitors, hereinafter “Guo”) describes the crystal structure of Li6CoO4. Li6CoO4 is tetragonal, with an anti-fluorite structure which belongs to the space group of P42/nmc [Guo, pg. 40, col. 1]. Therefore, the Li6CoO4 of the additive taught by Cheng must also have a tetragonal structure with a space group of P42/nmc, since, “if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present” [see MPEP 2112.01(II)].
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2023/0121840) in view of Hisashi (US 2005/0153205) as applied to claim 1 above, and further in view of Ahn et al. (KR 20160107737, cited in applicant's IDS dated 3/13/2023, making reference to previously-provided English translation thereof, hereinafter "Ahn").
Regarding claim 3, modified Cheng teaches the positive electrode additive of claim 1, as described in the rejection of instant claim 1. Cheng is silent regarding the carbon layer having a surface modified with a functional group.
Ahn teaches analogous art of a cathode (“positive electrode”) active material comprising a core particle including a compound capable of doping and dedoping lithium, and a coating layer positioned on the surface of the core particle, wherein the coating layer includes a surface-modified carbon particle having a reactive functional group introduced to the particle surface [0014]. Ahn teaches that the reactive functional groups may include one or more a hydroxyl group, a carboxyl group, and an amino group [0018].
Cheng teaches that lithium-rich oxides have insufficient conductivity, which is overcome with the carbon layer coated on the surface of the lithium-rich oxide [0006, “The insufficient conductivity of the lithium-rich oxide is overcome by the carbon-coated layer”]. Ahn teaches the surface-modified carbon particles have excellent electrical conductivity, which improves the electrical conductivity of the material [0042, “surface-modified carbon particles having excellent electrical conductivity on the surface of a core particle”, “thereby … improving electrical conductivity”].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the carbon layer of the positive electrode additive taught by modified Cheng to include surface-modified carbon particles having a functional group such as a hydroxyl group, a carboxyl group, and an amino group on their surface as taught by Ahn, in order to further improve the conductivity of the additive.
Regarding claim 4, modified Cheng teaches the positive electrode additive of claim 1, as described in the rejection of instant claim 1. Cheng is silent regarding the carbon layer having a surface containing a different compound.
Ahn teaches analogous art of a cathode (“positive electrode”) active material comprising a core particle including a compound capable of doping and dedoping lithium, and a coating layer positioned on the surface of the core particle, wherein the coating layer includes a surface-modified carbon particle having a reactive functional group introduced to the particle surface [0014]. Ahn teaches that the carbon particles may be surface-modified by impregnating the carbon particles with an amine compound [0095, “Specifically, the surface-modified carbon particles can be manufactured … by impregnating carbon particles with an amine compound”, 0097, “in the case of surface-modifying the carbon particles by impregnating them with an amine compound”]. Ahn teaches that the amine compound may include tetraethylenetetramine [0098, “the amine compound may specifically include diethylenetetramine (DETA) or tetraethylenetetramine (TETA)”].
Cheng teaches that lithium-rich oxides have insufficient conductivity, which is overcome with the carbon layer coated on the surface of the lithium-rich oxide [0006, “The insufficient conductivity of the lithium-rich oxide is overcome by the carbon-coated layer”]. Ahn teaches the surface-modified carbon particles have excellent electrical conductivity, which improves the electrical conductivity of the material [0042, “surface-modified carbon particles having excellent electrical conductivity on the surface of a core particle”, “thereby … improving electrical conductivity”].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the carbon layer of the positive electrode additive taught by modified Cheng to include surface-modified carbon particles impregnate with an amine such as tetraethylenetetramine as taught by Ahn, in order to further improve the conductivity of the additive.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 2023/0121840) in view of Hisashi (US 2005/0153205) as applied to claim 1 above, and further in view of Lee et al. (KR 20170119973, referring to examiner-provided translation thereof, hereinafter "Lee").
Regarding claim 7, modified Cheng teaches the positive electrode additive of claim 1, as described in the rejection of instant claim 1. Cheng is silent regarding the thickness of the carbon layer.
Lee teaches analogous art of a surface-modified positive electrode active material [0001]. Lee teaches that the surface-modified positive electrode active material comprises positive electrode active material particles and a porous carbon film (“carbon material”) in the form of a continuous thin film along the surface of the positive electrode active material [0009]. Lee teaches that the positive electrode active material particles may include a lithium cobalt-based oxide [0045-0046]. Lee further teaches that the thickness of the porous carbon film may be 0.01 to 100 nm, which overlaps the recited range [0057]. 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) [see MPEP 2144.05(I)].
Cheng teaches that lithium-rich oxides have insufficient conductivity, which is overcome with the carbon layer coated on the surface of the lithium-rich oxide [0006, “The insufficient conductivity of the lithium-rich oxide is overcome by the carbon-coated layer”]. Lee teaches that when the thickness of the porous carbon film is within the disclosed range, the positive electrode active material particles exhibit improved electronic conductivity, and that a battery containing the positive electrode active material particles can achieve high power output and high capacity characteristics [0057].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the carbon layer of the positive electrode additive taught by modified Cheng to have a thickness within the range disclosed by Lee, in order to provide improved electronic conductivity, high power output, and high capacity characteristics.
Response to Arguments
Applicant’s arguments, see pgs. 5-6, filed 5/8/2026, with respect to the rejection of claim 5 under 35 U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of Hisashi (US 2005/0153205).
As described in the rejection of instant claim 1 above, Cheng teaches a lithium-rich oxide coated by a carbon layer used as an additive in a positive electrode, wherein the lithium-rich oxide may be Li6CoO4 [0059]. Hisashi teaches analogous art of a lithium transition metal oxide, wherein carbon black covers at least 80% of the lithium transition metal oxide [0012]. Hisashi teaches that the higher the covered ratio, the higher the electroconductivity of the material, which improves the cell properties [0039]. Since both Cheng and Hisashi teach that it is desirable to improve the electroconductivity of a lithium-rich oxide/lithium transition metal oxide through the use of a carbon coating, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the carbon layer taught by Cheng to cover at least 80% of the lithium transition metal oxide, in order to further improve the electroconductivity of the lithium transition metal oxide.
Conclusion
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/M.F.O./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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