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 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.
1. Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al. (US20190341598) in view of Kobayashi (US20170288222).
As to claim 1, Nam et al. discloses a positive electrode active material (paragraph 0006) comprising: a large-diameter lithium transition metal oxide (paragraph 0047); and a small-diameter lithium transition metal oxide whose average particle diameter (D5o) is smaller than that of the large-diameter lithium transition metal oxide, wherein the large-diameter lithium transition metal oxide and the small-diameter lithium transition metal oxide each independently have a composition represented by Formula 1 below, and have a crystal grain size of 100 nm to 150 nm, wherein a difference in crystal grain size between the large-diameter lithium transition metal oxide and the small-diameter lithium transition metal oxide is less than 40 nm (paragraph 0013), [Formula 1]Lix1[Nia1Cob1Mnc11Alc12Zrd1M2e1]O2 wherein in Formula 1 above, M2 is one or more selected from B, Mg, Ca, V, Cr, Fe, Zn, Ga, Y, Nb, Mo, Ta, and W, and 1.03<xl<1.07,0.7<al<1, 0<bl<0.3, 0<cl1<0.3, 0.001<c12<0.0150.05, 0.001<d10.0065, 0<e1<0.1, and al+bl+cl1+c12+dl+el=1 (paragraph 0016-0021).
Nam et al. fail to disclose the positive electrode active material has a nickel disorder (Ni-disorder) of 1.5 % or less.
Kobayashi teaches the positive electrode active material has a nickel disorder (Ni-disorder) of 1.5 % or less for the purpose of improving initial efficiency (paragraph 0069).
Therefore, it would have been obvious to one having ordinary skill in the art at the time applicant's invention was made to provide the positive electrode active material has a nickel disorder (Ni-disorder) of 1.5 % or less for the purpose of improving initial efficiency (paragraph 0069).
As to claim 2, Nam et al. discloses wherein the al satisfies 0.8≤a1<1 (paragraph 0021).
As to claim 3, Nam et al. discloses wherein the d1 satisfies 0.0025≤d1≤0.0045 (paragraph 0021).
As to claim 4, Nam et al. discloses wherein the large-diameter lithium transition metal oxide and the small-diameter lithium transition metal oxide each independently have the crystal grain size of 100 nm to 140 nm (paragraph 0013).
As to claims 5-6, wherein the large diameter lithium transition metal oxide has a particle strength of 140 MPa to 180 MPa and wherein the small diameter lithium transition metal oxide has a particle strength of 110 MPa to 150 MPa is inherent since applicant discloses the same materials desired by the applicant. “Products of identical chemical composition can not have mutually exclusive properties. ”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 7, Nam et al. discloses, wherein the large-diameter lithium transition metal oxide has the average particle diameter (D5o) of 8 pm to 15 pm (paragraph 0047).
As to claim 8, Nam et al. discloses wherein the small-diameter lithium transition metal oxide has the average particle diameter (D5o) of 3 pm to 7 pm (paragraph 0047).
As to claim 9, Nam et al. discloses wherein a weight ratio of the large-diameter lithium transition metal oxide and the small-diameter lithium transition metal oxide is 5:5 to 9:1 (paragraph 0048).
As to claim 10, Nam et al. discloses positive electrode comprising a positive electrode active material (paragraph 0006).
As to claim 11, Nam et al. discloses lithium secondary battery comprising the positive electrode (paragraph 0006).
Conclusion
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/JANE J RHEE/ Primary Examiner, Art Unit 1724