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 .
Claim Objections
Claim 51 is objected to because of the following informalities: Line 1 is missing the word, “or” between high-Ni NMC material and high-Ni NCA material. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-6, 8, 9, 47-50 and 56 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 3 and 4, it is recited that the amounts of the Co and Mn or Al can be 0, which is in opposition to the statement in claim 1 that they are both included in the lithium metal oxide compound.
As to claim 5, it is recited that the amount of Nb can be 0, which is in opposition to the composition comprising niobium, as recited in claim 1.
Regarding claim 6, the reasons discussed above for claims 3 and 5 are maintained for this claim.
As to claim 8, it is unclear what is meant by tetraethylene glycol ethanol as tetraethylene glycol and ethanol are separate substances.
Regarding claims 9 and 47, it is unclear what the molar percent is with respect to.
Claim 56 recites the limitation "high-NMC material" in line 1. There is insufficient antecedent basis for this limitation in the claim. It should be referred to as “high-Ni NMC material” to match claim 51.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-5, 8, 10 and 47-50 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakura (U.S. Patent Publication 2009/0136854).
Regarding claims 1, 47, 48 and 50, Nakura discloses a process of making a niobium coated active material for a cathode of a lithium ion battery comprising: preparing a lithium composite oxide having the formula LixM1-yLyO2, wherein 0.85≤x≤1.25, 0≤y≤0.50, M is at least one selected from the group consisting of Ni and Co, and L is at least one selected form the group consisting of Al, Mn, Ti, Mg, Zr, Nb, Mo, W and Y; dissolving or dispersing a source material, such as niobium chloride, in a liquid component to prepare a dispersion; mixing the dispersion with the lithium composite oxide; and removing the liquid component (Paragraphs 0030-0031, 0056-0059).
As to claims 2 and 49, Nakura teaches the use of a sulfate, nitrate, a carbonate, a chloride, a hydroxide, an oxide, an alkoxide and the like for the niobium compound (Paragraph 0059) and does not include the use of lithium.
Regarding claim 3, Nakura discloses the use of LiNi0.8Co0.15Mn0.05O2 as the lithium composite oxide (Paragraph 0168).
As to claim 4, Nakura teaches the use of LiNi0.8Co0.15Al0.05O2 as the lithium composite oxide (Paragraph 0086).
Regarding claim 5, Nakura states that the amount of niobium chloride used is 0.5 mol% relative to the lithium composite oxide (Ni, Co, Al) (Paragraph 0088). When multiplying molar amounts of each element with each element’s atomic masses, finding the total of these amounts and dividing the mass amount of Nb by this total, results in a mass percentage less than 1%, which falls in the range of 0.001-5 wt%.
As to claim 8, Nakura discloses that the liquid component can be alcohols, such as ethanol (Paragraphs 0060, 0088).
Regarding claim 10, Nakura teaches that after removing the liquid component, the lithium composite oxide carrying the Nb on the surface can be baked at a temperature of 650-750 degrees Celsius (Paragraph 0062, 0090).
Nakura teaches every limitation of claims 1-5, 8, 10 and 47-50 of the present invention and thus anticipates the claims.
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.
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.
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakura (U.S. Patent Publication 2009/0136854).
The teachings of Nakura have been discussed in paragraph 6 above.
Nakura fails to specifically teach a formula for a modified lithium nickel manganese cobalt composition including niobium, and that the lithium composite oxide comprises niobium in a molar ratio of 0.7% to 1.4%.
Nakura teaches that the lithium composite oxide can have the formula LixM1-yLyO2, wherein 0.85≤x≤1.25, 0≤y≤0.50, M is at least one selected from the group consisting of Ni and Co, and L is at least one selected form the group consisting of Al, Mn, Ti, Mg, Zr, Nb, Mo, W and Y (Paragraphs 0030-0031).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the lithium composite oxide of Nakura could include Nb in the formula in a molar amount of 0.7 to 1.4% because Nakura states that the formula can include L in a molar amount of 0 to 0.50 and L can consist of a mixture of Nb and other elements. Thus, Nb could be chosen to have a molar amount in this range to result in a molar percentage of 0.7 to 1.4.
Claim(s) 51-58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakura (U.S. Patent Publication 2009/0136854) in view of Kim (KR Publication 10-2018-0111552).
The teachings of Nakura have been discussed in paragraph 6 above. Nakura teaches every limitation of claims 52 and 53 of the present invention, as discussed in paragraph 6 above. Regarding claims 54, 55, 57 and 58, Nakura teaches that after removing the liquid component, a pre-baking can be performed at 300 degrees Celsius, and a final baking is then performed at 650 degrees Celsius (Paragraphs 0089-0090). As to claim 57, Nakura discloses that niobium from the surface coating is dispersed in the lithium composite oxide to become part of element L (Paragraph 0045).
Nakura fails to disclose that the lithium composite oxide has lithium residuals on its top surface, a low temperature sintering is performed to form LixNbOy phases at the top surface, that the LixNbOy phases reduce 1st-cycle capacity loss, and that a high temperature sintering is performed to penetrate an Nb5+ species into the substrate to provide improved cycling performance.
Kim discloses a method for manufacturing a cathode active material for a lithium secondary battery comprising: forming a high nickel lithium composite oxide; mixing the lithium composite oxide with a metal coating precursor, such as a compound of Mn, Nb, etc., in a solvent; drying the mixture; and performing a sintering treatment (Paragraphs 0019, 0062-0068). Regarding claim 51, Kim teaches that lithium impurities are formed on the surface of high nickel lithium composite oxides when they are formed and that the metal coating can react with the lithium impurities (Paragraphs 0057). As to claim 54, Kim teaches that a lithium metal oxide is formed from the reaction of the residual lithium with the metal coating compound (Figs. 4 and 5 and Table 3). Regarding claims 56 and 57, Kim teaches that the coating layer improved life characteristics and optimal capacity of the battery (Paragraph 0104).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the lithium composite oxide of Nakura would comprise residual lithium on its surface because Kim teaches that high nickel lithium composite oxides commonly have more lithium impurities on their surface. It also would have been obvious to one of ordinary skill in the art that the coating layer of Nakura would form lithium niobium oxide phases to reduce capacity loss because Kim teaches that the metal coating compound reacts with the residual lithium to form a lithium metal oxide compound, which uses up some of the residual lithium to improve cycling and capacity of the battery.
Conclusion
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BRITTANY L. RAYMOND
Primary Examiner
Art Unit 1722
/BRITTANY L RAYMOND/ Primary Examiner, Art Unit 1722