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 filed 01/14/2026 have been fully considered but they are not persuasive.
Applicant submits that that there is lack of a reasonable expectation of success with the combined references of Liu, Sekiya, and Lee. Applicant submits that a person of ordinary skill in the art would not have had reasonable expectation of success in arriving at the claimed invention, such as example 1 of the instant invention which shows improved life characteristics with high capacity after charging and discharging cycles. Applicant submits that Liu does not recognize the relationship between the positive electrode and the negative electrode as illustrated in instant specification example 1, and Sekiya and Lee do not provide reasonable expectation of success.
However, Liu specifically discloses reasonable expectations of success. Liu discloses that particle coating may effectively improve the structural stability of the positive electrode active material without losing the specific capacity, and prevent side reactions between the positive electrode active material and the electrolyte, which can improve the energy density, safety performance and charge-discharge cycle stability of lithium-ion batteries (see e.g., Liu; [0006]). The objective of Liu is to provide a lithium-ion battery surface-coated cathode material with ideal energy density, safety performance and charge-discharge cycle stability (see e.g., Liu; [0008], [0010], [0016]). Liu further discloses in examples the achieved goal of improved charge-discharge cycles and specific capacity (see e.g., Liu; [0049]-[0079], figs. 2-12 regarding examples 1-11 results), such as retaining 92% capacity after 200 cycles (see e.g., Liu; [0079]). Therefore, Liu’s disclosed improvements in charge and discharge performance directly correlates with the improved life characteristics with high capacity after charging and discharging cycles described in the instant invention. Therefore, Liu does disclose reasonable expectations of success.
Sekiya is combined with Liu to teach a bimodal shape of average particle diameter distribution including two types of particles having a different average particle diameter (see e.g., Sekiya; [0014]-[0015] regarding lithium cobalt oxide A and lithium cobalt oxide B, [0038] regarding average particle diameters of particle A of 24 to 30 μm and particle B of 4 to 8 μm), and negative electrode active material layer comprising a binder (see e.g., Sekiya; [0053], [0059]), and a second negative electrode active material that is a graphite having a carbon coating layer on a surface thereof (see e.g., Sekiya; [0117] regarding a preparation of a negative electrode with a graphite B which is coated with amorphous carbon). Lee is further combined with Liu and Sekiya to teach that a graphite in the negative electrode may be an artificial graphite (see e.g., Lee; [0009], [0010] regarding low crystalline artificial graphite).
Sekiya and Lee further provide reasonable expectations of success that correlate with the goals of Liu. Sekiya discloses that the invention provides a battery with good charge/discharge cycle characteristics, load characteristics, and continuous charge characteristics at high temperatures (see e.g., Sekiya; [0008], [0010]). Sekiya also discloses the inclusion of additives for improving safety, charge/discharge cycle properties, high-temperature storage properties, and other properties of the battery (see e.g., Sekiya; [0102]). Furthermore, Sekiya discloses in the examples that the battery had high capacity retention rates and high capacity retention rates in the evaluation of the charge-discharge cycle characteristics at 60°C, and were good in load characteristics and charge-discharge cycle characteristics at high temperatures (see e.g., Sekiya; [0250], table 13). Liu also shows in comparative examples that batteries without the elements of the invention had low capacity retention rates (see e.g., Sekiya; [0251]). The charge and discharge improvements disclosed by Sekiya directly correlates with the improved life characteristics with high capacity after charging and discharging cycles described in the instant invention. Therefore, Sekiya does disclose reasonable expectations of success.
Lee similarly discloses improving all discharging capacity, efficiency, and output characteristics with the negative electrode (see e.g., Lee; [0006]). Lee discloses the negative electrode material for improving initial efficiency and reversible capacity (see e.g., Lee; [0008]). Therefore, Lee also directly correlates with the instant invention’s objective of improved battery capacity.
As such, the combination of Liu with Sekiya and Lee teaches the same objective of improving battery performance, specifically the charge-discharge capacity, as in the instant invention as claimed and therefore there is a reasonable expectation of success.
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 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.
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.
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.
Claim(s) 1-2, 5-6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN-101777647-A) (see translation), and in further view of Sekiya (WO-2016129629-A1) (see translation) and Lee (US-20160322636-A1).
Regarding claim 1, Liu discloses a secondary battery comprising a positive electrode, a negative electrode and a separator interposed between the positive electrode and the negative electrode, wherein the positive electrode comprises a positive electrode current collector, and a positive electrode active material layer disposed on the positive electrode current collector, the positive electrode active material layer comprising a positive electrode active material and a binder (see e.g., Liu; [0031] regarding lithium-ion battery which includes positive and negative electrode sheets, isolation membrane separating the sheets corresponding to a separator, positive electrode material corresponding to the positive active material and binder, and [0050] regarding coating of the positive electrode layer onto a current collector in an example),
wherein the positive electrode active material comprises a lithium cobalt oxide of formula LiCo1-x-yM’xM’’yO2, wherein 0=x<1 and 0=y<1, wherein M’ and M’’ are differently selected from one of Al, Ce, Ga, Ge, La, Mg, Mn, Ni, Si, Sn, Ti, W, and Zn (see e.g., Liu; [0025] regarding general formula of lithium cobalt oxide),
wherein the lithium cobalt oxide may comprise of Al doping (see e.g., Liu; [0025] regarding general formula wherein M’ and M’’ may be selected from a group including Al, and therefore may be doped with Al),
and may be surface-coated with Zr (see e.g., Liu; [0015], [0034], [0035], [0050], [0079] regarding surface coating may be Zr oxide; Liu further teaches in [0071] the ZrO2 surface coating improves cycling performance at high voltage; Liu further teaches in [0006] depositing a small amount of oxide on the surface of the positive electrode active material can effectively improve the structural stability of the positive electrode active material without losing the material specific capacity, and prevent the positive electrode active material from having side reactions with the electrolyte, thereby improving the energy density, safety performance and charge and discharge cycle stability of lithium-ion batteries),
wherein the negative electrode comprises a negative electrode current collector, and a negative electrode active material layer comprising a negative electrode active material disposed on the negative electrode current collector (see e.g., Liu; [0005] regarding lithium-ion batteries generally include a negative electrode current collector with negative electrode active materials, [0045], [0079] regarding artificial graphite used as the negative electrode active material),
and wherein the negative electrode active material comprises a first negative electrode active material that is an artificial graphite having no carbon coating layer on a surface thereof (see e.g., Liu; [0045], [0079] regarding artificial graphite used as the negative electrode active material with no discussion of a carbon coating layer).
Liu does not explicitly disclose wherein the lithium cobalt oxide has a bimodal shape of average particle diameter distribution including two types of particles having a different average particle diameter. However, Sekiya discloses wherein the lithium cobalt oxide has a bimodal shape of average particle diameter distribution including two types of particles having a different average particle diameter (see e.g., Sekiya; [0014]-[0015] regarding lithium cobalt oxide A and lithium cobalt oxide B, [0038] regarding average particle diameters of particle A of 24 to 30 μm and particle B of 4 to 8 μm).
Sekiya is further analogous art because Sekiya discloses the lithium cobalt oxide particles comprising a coating (see e.g., Sekiya; [0012] regarding Al coating), wherein there may be a first negative electrode active material such as graphite A (see e.g., Sekiya; [0117]), and which may also contain Zr lithium cobalt oxide particle (see e.g., Sekiya; [0021]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Liu with a lithium cobalt oxide having a bimodal shape of average particle diameter distribution including two types of particles having a different average particle diameter disclosed by Sekiya. One of ordinary skill in the art would have been motivated to make this modification in order to suppress the reaction between the positive electrode active material and the nonaqueous electrolyte, and make it possible to provide a nonaqueous secondary battery that has good charge-discharge cycle characteristics, continuous charge characteristics, and storage characteristics at high temperatures, even when charged at a high voltage (see e.g., Sekiya; [0014]). Additionally, the bimodal particle distribution also helps prevent a decrease in the effect of inhibiting the decomposition of the non-aqueous electrolyte solution due to cracking of the positive electrode material particles during the process of manufacturing a positive electrode using the positive electrode material, and allows the effect of coating be more effectively exhibited (see e.g., Sekiya; [0015]).
Liu does not explicitly disclose the negative electrode active material layer comprising a binder, and a second negative electrode active material that is an artificial graphite having a carbon coating layer on a surface thereof. However, Sekiya teaches the negative electrode active material layer comprising a binder (see e.g., Sekiya; [0053], [0059]), and a second negative electrode active material that is a graphite having a carbon coating layer on a surface thereof (see e.g., Sekiya; [0117] regarding a preparation of a negative electrode with a graphite B which is coated with amorphous carbon). Furthermore, Lee teaches that a graphite in the negative electrode may be an artificial graphite (see e.g., Lee; [0009], [0010] regarding low crystalline artificial graphite). Lee is analogous art because Lee teaches the negative electrode in lithium secondary batteries (see e.g., Lee; [0012]), and Lee also teaches that the graphite particle has an amorphous carbon coating layer (see e.g., Lee; [0009]).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified negative electrode disclosed by Liu with the negative electrode active material layer comprising a binder, and a second negative electrode active material that is a graphite having a carbon coating layer on a surface thereof as disclosed by Sekiya, and to have used the artificial graphite as disclosed by Lee as the graphite material for the second negative electrode. One of ordinary skill in the art would have been motivated to make this modification in order to provide a secondary battery having good charge/discharge cycle characteristics, load characteristics, and continuous charge characteristics at high temperatures (see e.g., Sekiya; [0010]). Furthermore, one of ordinary skill in the art would have been motivated to use the artificial graphite in the negative electrode in order to improve discharge capacity, efficiency, and output characteristics (see e.g., Lee; [0006]).
Regarding claim 2, modified Liu teaches the secondary battery according to claim 1. As described above regarding claim 1, modified Liu with Sekiya teaches wherein the lithium cobalt oxide comprises large particles having an average particle diameter of 24 to 30 μm and small particles having an average particle diameter of 4-8 μm (see e.g., Sekiya; [0038]), which overlaps with the claimed range of large particles having an average particle diameter 11-30 μm and small particles having an average particle diameter of 1-10 μm.
Regarding claim 5, modified Liu teaches the secondary battery according to claim 1. Liu does not explicitly disclose a weight ratio of the first negative electrode active material to the second negative electrode active material is 1:99-99:1. However, Sekiya teaches the first negative electrode active material may be mixed with the second negative electrode active material in a mass ratio of 50:50 (see e.g., Sekiya; [0117]), which overlaps with the claimed range of 1:99-99:1. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a weight ratio of 50:50 of the first and second negative electrode active materials disclosed by Sekiya to the negative electrode disclosed by Liu. One of ordinary skill in the art would have been motivated to make this modification in order to provide a battery with high capacity retention rates, good load characteristics, good charge-discharge cycle characteristics at high temperatures, lower leakage, good continuous charge characteristics, and excellent safety (see e.g., Sekiya; [0250] regarding results of examples with described negative electrode).
Regarding claim 6, modified Liu teaches the secondary battery according to claim 1. Liu does not explicitly disclose wherein the negative electrode active material layer is a single layer comprising the first negative electrode active material and the second negative electrode active material. However, Sekiya teaches that the negative electrode active material layer may be a single layer comprising the first negative electrode active material and the second negative electrode active material (see e.g., Sekiya; [0117]-[0118] regarding mixing graphite A and graphite B into a single active material layer and applying the mixture to a current collector). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have used a single active material layer with both first and second negative electrode active materials disclosed by Sekiya in the negative electrode of Liu. One of ordinary skill in the art would have been motivated to make this modification in order to provide a battery with high capacity retention rates, good load characteristics, good charge-discharge cycle characteristics at high temperatures, lower leakage, good continuous charge characteristics, and excellent safety (see e.g., Sekiya; [0250] regarding results of examples with described negative electrode).
Regarding claim 8, modified Liu teaches the secondary battery according to claim 1. Liu does not explicitly disclose wherein the carbon coating layer is present in an amount of 0.5-10.0 wt% based on a total weight of artificial graphite having the carbon coating layer. However, Lee teaches a carbon coated artificial graphite particle wherein the amorphous carbon coating layer may be in a range of 0.1-10% by weight, preferably 0.5% by weight to 4% by weight, based on the total weight of the negative electrode active material (see e.g., Lee; [0053]), which overlaps with the claimed range of 0.5-10.0 wt%. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a carbon coating layer in a range of 0.1-10% by weight disclosed by Lee on the particles of modified Liu. One of ordinary skill in the art would have been motivated to make this modification because when the coating amount of the amorphous carbon coating layer is too small, hardness and negative electrode density of the low crystalline artificial graphite may not be enhanced, orientability of a negative electrode may be degraded, and uniform resistance is not applied due to formation of a thin amorphous coating layer, which makes it difficult to form a stable SEI layer, wherein on the other hand, when the coating amount of the amorphous carbon coating layer is too high, mobility of lithium ions may be hindered, which will result in degraded output characteristics (see e.g., Lee; [0053]).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN-101777647-A) (see translation), Sekiya (WO-2016129629-A1) (see translation) and Lee (US-20160322636-A1) as applied to claim 1 above, and in further view of Joh (US-20180309123-A1).
Regarding claim 3, modified Liu teaches the secondary battery according to claim 1. Liu teaches the general formula LiCo1-x-yM’M’’ wherein M’ and M’’ may be Al or others, and 0=x<1 and 0=y<1. This general formula includes compositions such as LiCo0.99Al0.01, which has an Al concentration of approximately 2766 ppm, which falls within the claimed range of 1,000-10,000 ppm.
However, to provide further support for this range, Joh may be applied. Joh similarly teaches a lithium cobalt oxide with a dopant containing element B (see e.g., Joh; [0015]) wherein the element may be Al (see e.g., Joh; [0016]). Joh teaches that the doping element B which may be aluminum is included in a range of 0 ppm to 20,000 ppm (see e.g., Joh; [0054]), which overlaps with the claimed range of 1,000-10,000 ppm. Joh is further analogous art because Joh discloses a coating layer that may be Zr on the lithium cobalt oxide particles (see e.g., Joh; [0014], [0016]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected a doping amount of Al of 0 to 20,000 ppm disclosed by Joh to apply to the lithium cobalt oxide disclosed by Liu. One of ordinary skill in the art would have been motivated to make select this concentration because Joh teaches that if the concentration of the doping element B is smaller than the concentration of the coating element A, the internal structure of the positive electrode active material particles is maintained and surface stability is increased by suppressing changes in surface structure of the positive electrode active material such that the positive electrode active material may operate in the optimal range wherein the reduction of cycle characteristics of a secondary battery at a high voltage may be prevented (see e.g., Joh; [0025]).
Regarding claim 4, modified Liu teaches the secondary battery according to claim 1. Liu does not explicitly disclose wherein a content of Zr coated on a surface of the lithium cobalt oxide is 1-5,000 ppm. However, Joh teaches a lithium cobalt oxide with a coating layer including element A (see e.g., Joh; [0014]), wherein element A may be Zr (see e.g., Joh; [0016]), and wherein the element A may be included in the layer in a rage of 0 to 20,000 ppm, and more particularly 700 to 1,000 ppm (see e.g., Joh; [0052]), which overlaps with the claimed range of 1-5,000 ppm.
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included Zr in the coating layer in a concentration of 0 to 20,000 ppm or more particularly 700 to 1,000 ppm disclosed by Joh to the lithium cobalt oxide disclosed by Liu. One of ordinary skill in the art would have been motivated to make select this concentration because Joh teaches that if the concentration of the doping element B is smaller than the concentration of the coating element A, the internal structure of the positive electrode active material particles is maintained and surface stability is increased by suppressing changes in surface structure of the positive electrode active material such that the positive electrode active material may operate in the optimal range wherein the reduction of cycle characteristics of a secondary battery at a high voltage may be prevented (see e.g., Joh; [0025]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN-101777647-A) (see translation), Sekiya (WO-2016129629-A1) (see translation) and Lee (US-20160322636-A1) as applied to claim 1 above, and in further view Kim (US-20180062158-A1).
Regarding claim 7, modified Liu teaches the secondary battery according to claim 1. Liu does not explicitly disclose wherein the negative electrode active material layer is a dual layer comprising a lower layer region containing the first negative electrode active material, and an upper layer region disposed on the lower layer region and containing the second negative electrode active material. However, Kim teaches a negative electrode with a first negative electrode mixture layer and a second negative electrode mixture layer formed on the first negative electrode mixture layer (see e.g., Kim; [0008]). Kim is further analogous art because Kim teaches the layers comprise of artificial graphite (see e.g., Lee; [0008]), and is in the context of lithium secondary batteries. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrode layer disclosed by Liu to be a dual layer comprising a lower layer region containing the first negative electrode active material and an upper layer region disposed on the lower layer region and containing the second negative electrode active material as disclosed by Lee. One of ordinary skill in the art would have been motivated to make this modification in order to improve output characteristics and improve life characteristics (see e.g., Lee; [0007]).
Conclusion
THIS ACTION IS MADE FINAL. 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 KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN SONG/ Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728