DETAILED ACTION
Claims 1-7 are pending as amended on 19 December 2025.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s amendments to the claims and the remarks/arguments have been entered and fully considered.
Response to Amendment and Arguments
Applicant’s arguments have been fully considered but are not persuasive.
Applicant asserts that US2017/0047609A1 (Han) erroneously states B in place of Hf in paragraph [0074]). The examiner disagrees. Han may have mischaracterized boron as a metal element, however, Han expressly lists boron as one of the element contained in the ceramic powders ([0026], [0074] and claim 14).
Applicant argues that Han exemplifies aluminum rather than boron, however, “A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments” and “Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments”, see MPEP 2123 [R-07.2022]).
Applicant argues that Han fails to teach ceramic coating layer containing B provides advantageous effect such as improvement of life-span and safety for penetration evaluation of the battery. The examiner disagrees. Han expressly discloses that the secondary battery uses the anode electrode coated with ceramic powders, such that, “even if the separation film is contracted according to the heating value during the evaluation of penetration, the ceramic coating layer of the anode electrode still remains. Therefore, the short circuit between the electrodes may be prevented, so as to significantly improve the safety (safety in penetration evaluation)” ([0070]). Thus Han teaches the ceramic powder coating provide advantageous effects.
Applicant argues that Han fail to teach a combination of two or more elements including Ni and B. The examiner disagrees. Han expressly discloses “These oxides may be used alone or in combination of two or more thereof” following the list of elements including Ni and B, among others, in paragraph [0074].
Applicant argues Han fail to teach the claimed ratio of Ni to B or M 1/B in the negative electrode, however, as set forth in previous Office action, Han teaches that a thickness of the ceramic coating layer of the anode electrode may be 1 to 10 μm, and preferably, 3 to 7 μm in order to block the electrodes so as to prevent an occurrence of the short circuit and thereby improve the penetration safety of the battery ([0080]). A person of ordinary skill in the art would have been motivated to adjust the thickness of the coating powder thus the amount of B, Ni and the molar ratio of Ni to B and Zr or Ti to B in the negative electrode in order to obtain a workable product.
Applicant argues that instant example 2 in Table 2 shows that the claimed ratio of M1/B results in higher capacity maintenance rate. The examiner disagrees. Instant Table 2 shows same capacity maintenance rate of Example 1, which does not contain Nb (i.e., the claimed M1), and of Example 2, which contains Nb. Thus the presence Nb(i.e., the claimed M1) does not appear to make a difference in the capacity maintenance rate.
Applicant argues that US 2019/0044135A1(Du) fails to teach a proportion of B in the range of 0 mol%<B< 1mol% as claimed in new claim 7. The examiner disagrees. Du teaches an embodiment wherein boron element is present at 0.01% by mass of the positive electrode active material ([0065]), which is equivalent to about 0.09 mol% of elemental boron calculated by the examiner based on molecular mass of 97.28 of LiNi0.8 Co0.1Mn0.1O2, atomic mass of 10.81 of boron, which meets the claimed range.
As such the rejection over Du and Han stands and reiterated below.
Claim Rejections - 35 USC § 103
Claims 1-6 stand, and new claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Du in view of Han .
Regarding claims 1, 2 and 6, Du teaches a lithium ion battery comprises a positive electrode plate including a positive electrode current collector and a positive electrode film on the positive electrode current collector, a negative electrode sheet including a negative electrode current collector and a negative electrode film on the negative electrode current collector, and a non-aqueous electrolyte ([0040]-[0045]).
Du teaches that the positive electrode film comprises a modified positive electrode active material comprising a positive electrode active material substrate, a first oxide layer coated on the surface of the positive electrode active material substrate, and a second oxide layer coated on the surface of the first oxide layer ([0005]).
Du exemplifies a positive electrode active material substrate of lithium-nickel-manganese-cobalt-based oxide ternary material LiNi0.8 Co0.1Mn0.1O2 coated with aluminum oxide and boron oxide ([0050]-[0051]), wherein the coated substrate contains 0.3% by mass of aluminum element and 0.2% by mass of boron element ([0050]-[0051]), which is equivalent to about 1 mol% of element Al and 1.8 mol% of elemental boron calculated by the examiner based on molecular mass of 97.28 of LiNi0.8 Co0.1Mn0.1O2, atomic mass of 26.98 of Al and 10.81 of boron, which meets the claimed amounts of each element, respectively, as well as the formula of claim 6 wherein w is 0, u is 0.018, v is 0.01.
Du does not teach that the negative electrode layer has B and nickel present.
Han teaches applying a ceramic coating layer on a surface of an anode active material can significantly improve life-span property of the battery and improve safety for the penetration evaluation ([0070]-[0072]), wherein the ceramic coating layer comprise ceramic powders of oxides containing at least one metal selected from a group consisting titanium, zirconium, boron, nickel, aluminum, etc. ([0074]).
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to apply the ceramic powder coating of Han in the surface of the negative electrode of Du. The rationale to do so would have been the motivation provided by the teachings of Han that to do so would significantly improve life-span property of the battery and improve penetration safety ([0002], [0070]- [0072]).
Neither Du nor Han teaches the amount of B and the molar ratio of Ni to B in the negative electrode, however, Han teaches that a thickness of the ceramic coating layer of the anode electrode may be 1 to 10 μm, and preferably, 3 to 7 μm in order to block the electrodes so as to prevent an occurrence of the short circuit and thereby improve the penetration safety of the battery ([0080]). A person of ordinary skill in the art would have been motivated to adjust the thickness of the coating powder thus the amount of B, Ni and the molar ratio of Ni to B in the negative electrode in order to obtain a workable product.
Regarding claim 3, Du teaches the first oxide layer is selected from one or more of the oxides of one or more Al, Zr, Mg, Ti, etc. ([0005]), thus the presence of Zr or Ti in the composite oxide (i.e., group 4 element). Du further exemplifies 0.3% by mass, or 1 mol% of element metal of the first oxide , i.e., Zr, Ti, etc. ([0051]), which meets the claimed amount.
Regarding claim 4, Han teaches the ceramic coating layer for the anode comprise ceramic powders of oxides containing at least one metal selected from a group consisting titanium, zirconium, boron, nickel, aluminum, etc. ([0074]), thus the presence of Ti or Zr on the anode surface.
Regarding claim 5, Neither Du nor Han teaches the molar ratio of Zr or Ti to B in the negative electrode, however, a person of ordinary skill in the art would have been motivated to adjust the molar ratio of Zr or Ti to B in the negative electrode in order to obtain a workable product. It is noted that no criticality has been demonstrated in the specification with regard to the amounts recited in the claims.
Regarding new claim 7, Du further exemplifies a positive electrode active material substrate of lithium-nickel-manganese-cobalt-based oxide ternary material LiNi0.8 Co0.1Mn0.1O2 coated with aluminum oxide and boron oxide ([0050]-[0051]), wherein the coated substrate contains 0.01% by mass of boron element ([0050] and [0065]), which is equivalent to about 0.09 mol% of elemental boron calculated by the examiner based on molecular mass of 97.28 of LiNi0.8 Co0.1Mn0.1O2, atomic mass of 10.81 of boron, which meets the claimed boron amount.
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 AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766