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 .
Election/Restrictions
Applicant’s election without traverse of group I, corresponding to claims 1-10 and 16-19 in the reply filed on 09/08/2026 is acknowledged.
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) 1-3, 7-10, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheon (US-20060093920-A1), and in further view of Kim (US-20190140254-A1).
Regarding claim 1, Cheon discloses a method for manufacturing a positive electrode for a lithium secondary battery (see e.g., Cheon; [0047]), comprising:
i) mixing a lithium transition metal oxide (see e.g., Cheon; [0038], regarding the positive active material which may be selected from a group including many lithium transition metal oxides) and a carbon-based material having a density of 0.02-0.1 g/cc (see e.g., Cheon; [0034]-[0035], regarding the first conductive agent which may specifically comprise of Ketjen black corresponding to a carbon-based material), which overlaps with the claimed range of 0.05 g/cc or less, in a mechanofusion manner (see e.g., Cheon; [0047]-[0049], regarding mechanofusion method of mixing which coats the conductive agents, including the first conductive agent, onto a surface of the positive active material) to form a positive electrode active material including a carbon coating layer;
ii) Mixing the positive electrode active material and a binder to form a mixture (see e.g., Cheon; [0051]-[0053], regarding mixing a binder to the conductive agent/positive active material composite); and
iii) applying the mixture on a positive electrode current collector (see e.g., Cheon; [0052], [0088], regarding applying mixture to current collector to form electrode plate).
Because Cheon discloses the positive active material which may be selected from a group including many lithium transition metal oxides, and Cheon discloses a Ketjen black conductive agent having a density of 0.02-0.1 g/cc as described above, 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 lithium transition metal oxide from the list of nonlimiting examples of positive active material and provided Ketjen black having a density of 0.02-0.05 g/cc in order to reduce resistance of the positive electrode and increase active mass density of the electrode (see e.g., Cheon; [0007]).
Cheon does not explicitly disclose in step ii) that the mixing is dry mixing to form a dry mixture. However, Kim discloses dry mixing a conductive material and an electrode active material, then dry mixing the resultant product with a binder to obtain a dry electrode mixture powder (see e.g., Kim; [0012], [0036], [0039]). 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 had the mixing step ii) of Cheon be a dry mixing step of the positive electrode material and binder as disclosed by Kim in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
Regarding claim 2, modified Cheon teaches the method of claim 1. Cheon discloses wherein the first conductive agent corresponding to the carbon-based material may have a specific surface area of 200-1500 m2/g (see e.g., Cheon; [0011]), which corresponds with wherein the carbon-based material has a porous hollow structure. That is, carbon material such as Ketjen black having a high specific surface area in the range of 200-1500 m2/g would form a structure that is porous and hollow. 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 specific surface area in a range of 200-1500 m2/g to as disclosed by Cheon to provide a carbon-based material with a porous hollow structure in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
Regarding claim 3, modified Cheon teaches the method of claim 1. Cheon discloses wherein the first conductive agent corresponding to the carbon-based material may have a specific surface area of 200-1500 m2/g (see e.g., Cheon; [0011]), which overlaps with the claimed carbon-based material having a BET specific surface area of 300 m2/g or greater. 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 specific surface area in the range of 300-1500 m2/g as disclosed by Cheon for the first conductive agent in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
Regarding claim 7, modified Cheon teaches the method of claim 1. Cheon discloses wherein the first conductive agent corresponding to the carbon-based material is mixed with a second conductive agent in a weight ratio of 25:75 to 75:25 (see e.g., Cheon; [0037]), and then wherein a weight ratio of the conductive agent comprising the first and second conductive agents are mixed with the positive active material in a weight ratio of 3:97 to 20:80 (see e.g., Cheon; [0043), which overlaps with the claimed amount of the carbon-based material of 0.1 wt% to 5 wt% based on the total weight of the lithium transition metal oxide and the carbon-based material. 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 weight percent of the first conductive agent as disclosed by Cheon to overlap with the claimed range of 0.1 wt% to 5 wt% based on the total weight of the lithium transition metal oxide and the carbon-based material in order to prevent specific surface increase (see e.g., Cheon; [0037]) and prevent reduction of energy density (see e.g., Cheon; [0043]).
Regarding claim 8, modified Cheon teaches the method of claim 1. As above regarding claim 1, modified Cheon teaches selecting a lithium transition metal oxide. In the same modification above regarding claim 1, Cheon discloses wherein the positive active material may be LiaNibCocMndMeO2 (6) (wherein 0.90≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5, 0.001≤e≤0.1) and M is at least one transition metal or lanthanide selected from the group consisting of Al, Cr, Mn, Fe, Mg, La, Ce, Sr, and V (see e.g., Cheon; [0042]), which overlaps with the claimed lithium transition metal oxide is a lithium-nickel-cobalt-based composite oxide represented by Formula 1 below: [Formula 1] Li1+x(NiaCobMncMd)O2 wherein in Formula 1, M is one or more selected from the group consisting of W, Cu, Fe, V, Cr, Ti, Zr, Zn, Al, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Ru, Mg, P, B, Si, Na, K, and Mo, and 0<x<0.2,0.50<a<0.95,0<b<0.5,0<c<0.5,0<d<0.5, and a+b+c+d=1. 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 the LiaNibCocMndMeO2 as the positive active material as disclosed by Cheon in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
Regarding claim 9, modified Cheon teaches the method of claim 1. Cheon discloses wherein the binder may comprise of polytetrafluoroethylene (see e.g., Cheon; [0051]), among a selection of other binders. 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 polytetrafluoroethylene as the binder as disclosed by Cheon in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
Regarding claim 10, modified Cheon teaches the method of claim 1. Modified Cheon teaches that the positive electrode active material has the same formation process, and chemical and structural composition as in the instant specifications, and as claimed in claimed in claims 1, 3, 7, 8.
That is, as above regarding claim 1, Cheon provides that the positive electrode active material is formed in the same process as claimed, including i) mixing a lithium transition metal oxide and a carbon-based material having a density of 0.05 g/cc or less in a mechanofusion manner to form a positive electrode active material including a carbon coating layer. The instant specification provides that the mechanofusion method is more effective in forming a thin uniform carbon coating layer compared to a simple mechanical mixing using a paint shaker or the like, and similarly, Cheon specifically discloses that the mechanofusion method is most efficient for the coating process (see e.g., Cheon; [0083]-[0084]).
As above regarding claim 3, Cheon discloses wherein the first conductive agent corresponding to the carbon-based material may have a specific surface area of 200-1500 m2/g (see e.g., Cheon; [0011]), which overlaps with the claimed carbon-based material having a BET specific surface area of 300 m2/g or greater. 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 specific surface area in the range of 300-1500 m2/g as disclosed by Cheon for the first conductive agent in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
As above regarding claim 7, Cheon discloses wherein the first conductive agent corresponding to the carbon-based material is mixed with a second conductive agent in a weight ratio of 25:75 to 75:25 (see e.g., Cheon; [0037]), and then wherein a weight ratio of the conductive agent comprising the first and second conductive agents are mixed with the positive active material in a weight ratio of 3:97 to 20:80 (see e.g., Cheon; [0043), which overlaps with the claimed amount of the carbon-based material of 0.1 wt% to 5 wt% based on the total weight of the lithium transition metal oxide and the carbon-based material. 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 weight percent of the first conductive agent as disclosed by Cheon to overlap with the claimed range of 0.1 wt% to 5 wt% based on the total weight of the lithium transition metal oxide and the carbon-based material in order to prevent specific surface increase (see e.g., Cheon; [0037]) and prevent reduction of energy density (see e.g., Cheon; [0043]).
Moreover, as also provided regarding claim 8, Cheon discloses wherein the positive active material may be LiaNibCocMndMeO2 (6) (wherein 0.90≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5, 0.001≤e≤0.1) and M is at least one transition metal or lanthanide selected from the group consisting of Al, Cr, Mn, Fe, Mg, La, Ce, Sr, and V (see e.g., Cheon; [0042]), which overlaps with the claimed lithium transition metal oxide is a lithium-nickel-cobalt-based composite oxide represented by Formula 1 below: [Formula 1] Li1+x(NiaCobMncMd)O2 wherein in Formula 1, M is one or more selected from the group consisting of W, Cu, Fe, V, Cr, Ti, Zr, Zn, Al, In, Ta, Y, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Ru, Mg, P, B, Si, Na, K, and Mo, and 0<x<0.2,0.50<a<0.95,0<b<0.5,0<c<0.5,0<d<0.5, and a+b+c+d=1. 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 the LiaNibCocMndMeO2 as the positive active material as disclosed by Cheon in order to prevent increase in resistance, improve battery performance, and prevent surface migration phenomenon of the binder (see e.g., Kim; [0008]-[0009]).
In summary, modified Cheon provides that the positive electrode active material has the same chemical composition, Ketjen black carbon coating, mechanofusion method of coating the conductive coating onto the lithium transition metal oxide active material, properties of the conductive coating including density, and weight ratio of active material to coating material as instantly claimed and in the instant specification. Therefore, it is the examiners position that the properties resulting from such structure would be inherent, including wherein the positive electrode active material has a powder electrical conductivity of 5.0 x 10-3 S/cm to 10.0 x 10-3 S/cm, which is measured after being roll-pressed with a pressure of 10 MPa to 100 MPa.
MPEP 2112 I. states ‘“[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. ‘
Regarding claim 16, modified Cheon teaches the method of claim 1, wherein the density of the carbon-based material is from 0.01 g/cc to 0.05 g/cc (see above regarding claim 1).
Regarding claim 17, modified Cheon teaches the method of claim 3, wherein the BET specific surface area of the carbon-based material is from 500 m2/g to 3,000 m2/g (see above regarding claim 3).
Claim(s) 4-5 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheon (US-20060093920-A1), Kim (US-20190140254-A1), and in further view of Yamaguchi (US-20160322640-A1).
Regarding claim 4, modified Cheon teaches the method of claim 1. Cheon does not explicitly disclose wherein the carbon-based material has a primary particle diameter of 10 nm to 100 nm. However, Yamaguchi discloses wherein carbon black materials may have particle diameters of 15 nm or less, or 10-12 nm (see e.g., Yamaguchi; [0023], table 2). Yamaguchi is analogous art because Yamaguchi discloses the carbon black material for covering electrode active material of a secondary cell (see e.g., Yamaguchi; [0018], [0023]). 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 had the carbon black material disclosed by Cheon have a primary particle diameter of 15 nm or less or 10-12 nm as disclosed Yamaguchi in order to provide excellent covering properties to enhance electric current collection effect which may improve high energy density, high output density, and high-speed charge/discharge (see e.g., Yamaguchi; [0018]).
Regarding claim 5, modified Cheon teaches the method of claim 1. Cheon does not explicitly disclose wherein the carbon-based material has a dibutyl phthalate absorption of 200 mL/100 g or greater. However, Yamaguchi discloses carbon black material wherein the dibutyl phthalate absorption is 180 mL/100 g or more (see e.g., Yamaguchi; [0016], table 2). ). Yamaguchi is analogous art because Yamaguchi discloses the carbon black material for covering electrode active material of a secondary cell (see e.g., Yamaguchi; [0018], [0023]). 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 had the carbon material disclosed by Cheon have a dibutyl phthalate absorption of 180 mL/100 g or more as disclosed by Yamaguchi in order to provide excellent covering properties to enhance electric current collection effect which may improve high energy density, high output density, and high-speed charge/discharge (see e.g., Yamaguchi; [0018]).
Regarding claim 18, modified Cheon teaches the method of claim 5, wherein the dibutyl phthalate absorption of the carbon- based material is from 200 mL/100 g to 800 mL/100 g (see above regarding claim 5).
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheon (US-20060093920-A1), Kim (US-20190140254-A1), and in further view of Tanaka (US-20190097209-A1).
Regarding claim 6, modified Cheon teaches the method of claim 1. Cheon does not explicitly disclose wherein the carbon-based material has a graphitization (ID/IG) of 1.0 or greater. However, Tanaka discloses wherein a conductive carbon material which is similarly used in the positive electrode, and which may similarly be carbon black, has ID/IG of 1.07-3.0 (see e.g., Tanaka; [0067]), which falls within the claimed range of 1.0 or greater. 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 had the carbon conductive agent of Cheon have a ID/IG of 1.07-3.0 as disclosed by Tanaka in order to increase the electric conductivity and improve the charging and discharging efficiency and large-current discharging characteristics (see e.g., Tanaka; [0037]).
Regarding claim 19, modified Cheon teaches the method of claim 6, wherein the graphitization (ID/IG) of the carbon-based material is from 1.0 to 2.0 (see above regarding claim 6).
Conclusion
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
