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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 21st, 2026 has been entered.
Claim Status
Applicant’s arguments and claim amendments submitted January 21st, 2026 have been entered into the file. Currently claims 1, 5-6, 12, 14-15 are amended, claims 4, 13, and 16-17 are cancelled, resulting in claims 1-3, 5-12, and 14-15 pending for examination.
Response to Amendment
The amendments filed January 21st, 2026 have been entered.
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.
Claims 1-3, 5-6, 8, 12, 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Annaka (cited in the previous office action, U.S. Patent Publication No. 20190198878 A1) in view of Saruwatari (U.S. Patent Publication No. 20160268604 A1) and Xu (Chinese Patent Publication No. 109687025 A).
Regarding claim 1, Annaka teaches an electrochemical apparatus (non-aqueous secondary battery), comprising: a positive electrode, a negative electrode and an electrolyte (Paragraph 0028); wherein the positive electrode comprises a positive electrode current collector and a positive electrode mixture layer formed on the positive electrode current collector (Paragraph 0106).
Annaka discloses a slurry for a positive electrode of a battery comprising a positive electrode active material and a copolymer (Abstract). Annaka teaches that the copolymer includes a nitrile group-containing monomer unit and a basic group-containing monomer unit, and may include other monomer units, including a (meth)acrylic acid ester monomer unit and or an acidic group-containing monomer unit (Paragraph 0049). The instant additive of the positive electrode mixture layer is equated with the basic group, acidic group, and (meth)acrylic acid ester group-containing monomers of the copolymer.
Annaka teaches that the basic group-containing monomer units have a nitrogen-containing functional groups such as amino or amide residues (Paragraph 0055). Monomers which contain amino and amide groups are known in the art to be hydrophilic, thus the copolymer additive of Annaka (including a basic-group containing monomer unit) has a hydrophilic group, meeting the instant claimed limitations of the positive electrode mixture layer comprising an additive having a hydrophilic group.
Annaka further teaches that 2-ethylhexyl acrylate is a preferable (meth)acrylic acid ester monomer (Paragraph 0079). Annaka teaches that when the copolymer additive to the positive electrode comprises 2-ethylhexyl acrylate monomer in addition to the nitrile group-containing monomer and basic group-containing monomer, the reactivity and polymerization stability in the production of the copolymer is improved, providing the resultant positive electrode flexibility. 2-ethylhexyl acrylate is listed as a possible additive of the instant disclosure (Paragraph 0040) and is further known in the art to be lipophilic. Thus the copolymer additive of Annaka (including a (meth)acrylic acid ester monomer unit) has a lipophilic group, meeting the instant claimed limitations meeting the instant claimed limitations of the positive electrode mixture layer comprising an additive having a lipophilic group.
Annaka further teaches that two of more (meth)acrylic acid ester units may be used in combination. Annaka teaches examples of suitable (meth)acrylic acid ester monomer units in the copolymer additive of the positive electrode layer including lauryl methacrylate (dodecyl methacrylate) (Paragraphs 0078-0079). Thus, Annaka teaches the additive comprising dodecyl methacrylate, meeting the instant claimed limitations.
Further, Annaka discloses the proportion in which the (meth)acrylic acid ester monomer additive is present in the copolymer when all repeating units of the copolymer are taken to be 100 mass % is preferably 1 mass% or more and 20 mass% or less. Annaka teaches when the percentage content of the (meth)acrylic acid ester monomer unit in the copolymer is larger than 20 mass%, the binding capacity of the copolymer and battery cycle characteristics cannot be improved. When the percentage content of the (meth)acrylic acid ester monomer unit in the copolymer is less than 1 mass%, Annaka teaches the flexibility and peel strength of the positive electrode cannot be improved (Paragraph 0080).
Further, Annaka discloses the proportion in which the acid group-containing monomer additive is present in the copolymer when all repeating units of the copolymer are taken to be 100 mass % is preferably 0.1 mass% or more and 10 mass% or less. Annaka teaches when the percentage content of the acid group-containing monomer unit in the copolymer is larger than 10 mass%, the positive electrode flexibility, positive electrode peel strength, and secondary battery cycle and output characteristics cannot be improved. When the percentage content of the acid group-containing monomer unit in the copolymer is less than 0.1 mass%, Annaka teaches the binding capacity of the copolymer and peel strength of the positive electrode cannot be improved (Paragraph 0076).
Further, Annaka discloses the proportion in which the basic-group containing monomer additive is present in the copolymer when all repeating units of the copolymer are taken to be 100 mass % is preferably 0.1 mass% or more and 3 mass% or less. Annaka teaches when the percentage content of the basic-group containing monomer additive in the copolymer is larger than 3 mass%, the positive electrode peel strength and secondary battery cycle characteristics cannot be improved. When the percentage content of the basic-group containing monomer additive in the copolymer is less than 0.1 mass%, Annaka teaches the polymerization stabilization of the copolymer and the stability of the slurry cannot be improved (Paragraph 0060).
Annaka discloses the proportion in which the copolymer (comprising the (meth)acrylic acid ester, acidic, and basic monomer additive units) is present in the positive electrode slurry composition per 100 parts by mass of the positive electrode active material is preferably 0.3 parts by mass or more and 4 parts by mass or less. Annaka teaches when the content of the copolymer unit in the slurry is larger than 4 parts by mass, the secondary battery internal resistance and output characteristics cannot be improved. When the percentage content of the copolymer in the slurry is less than 0.3 parts by mass, Annaka teaches the peel strength of the positive electrode cannot be improved (Paragraph 0080).
Thus, the range of (meth)acrylic acid ester, basic-group containing, and acid-group containing monomer additive units present in the positive electrode mixture layer may be calculated to be:
1
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Therefore, it was determined in the calculations that Annaka teaches the concentration of additive monomers (basic group-containing, meth(acrylic) group-containing, and acidic group-containing) to the copolymer present in the positive electrode mixture later between 36 and 13200 ppm.
The range of additive monomers to the copolymer of Annaka overlaps the instant claimed range of the proportion of additive, meeting the instant claimed limitations.
Annaka teaches aspects of the claimed invention discussed above but does not expressly teach the positive electrode mixture layer after being immersed in diethyl carbonate at 85°C for 120 hours has a thickness change rate of less than 10%.
However, it is reasonable to presume that the thickness change rate of the positive electrode mixture layer after being immersed in diethyl carbonate is inherent to Annaka.
The instant application discloses the thickness change rate of the positive electrode mixture layer being dependent on the additive included in the positive electrode slurry (Paragraph 0032), the additive having a hydrophilic group and a lipophilic group in some embodiments (Paragraph 0035). In other embodiments, the instant application discloses the additive including an unsaturated carboxylic group including at least one of vinyl ester, vinyl chloride, acrylate, vinyl ether acrylate, crotonate, propiolate, butynoate, or carboxylate modified with acrylamide, acrylonitrile, and vinyl ether groups (Paragraph 0039). In some embodiments, the instant application discloses the addition includes at least one of 2- dodecyl acrylate, polyethylene glycol monomethyl ether acrylate, polyethylene glycol dimethacrylate, acrylic acid (2-ethylhexyl) acrylate, acrylate non-ionic fluorocarbon acrylate surfactant, dodecyl methacrylate, acrylic acid ester copolymer, copolymer of maleic and acrylic acid, or ethylene acrylic acid copolymer (Paragraph 0040).
Support for the aforementioned presumption with respect to thickness change rate is found in that Annaka teaches the positive electrode mixture layer comprises an additive which shares the following features with the instant disclosure, as discussed above:
Comprising a hydrophilic group (basic group-containing monomer units, more specifically amino and amide group)
Comprising a lipophilic group ((meth)acrylic acid ester monomer unit)
Comprising 2-ethylhexyl acrylate
Comprising dodecyl methacrylate
Comprising an unsaturated carboxylic acid group (more specifically acrylic acid or crotonic acid)
Present at a proportion of the range taught which is less than 3000 ppm
Annaka teaches the copolymer additive to the positive electrode may comprise an acid group-containing monomer unit, including carboxy-group, sulfo group, and phosphate group containing monomers (Paragraph 0062). The presence of the acid group-containing monomers is taught by Annaka to increase positive electrode peel strength and improve secondary battery cycle characteristics. Annaka teaches the carboxy-group containing monomers include monocarboxylic acids (Paragraph 0063), including acrylic acid and crotonic acid (Paragraph 0064) which are listed as examples of unsaturated carboxylic acids in the instant disclosure described above (Paragraph 0039). Acrylic acid and crotonic acid are known in the art to be examples of unsaturated carboxylic acids, so the additive of Annaka shares this feature with the additive of the instant disclosure.
Therefore, it is reasonable to presume that the thickness change rate of less than 10% of the positive electrode mixture layer after being immersed in diethyl carbonate at 85ºC for 120 hours is inherent to Annaka, meeting the instant claimed limitations.
Annaka teaches the supporting electrolyte in the electrolytic solution of the battery may be a lithium salt, with suitable examples including LiPF6, LiAsF6, LiBF4, LiSbF6, LiAlCl4, LiClO4, CF3SO3Li, C4F9SO3Li, CF3COOLi, (CF3CO)2NLi, (CF3SO2)2NLi, and (C2F5SO2)NLi.
Annaka is silent as to the electrolyte contains lithium difluorophosphate.
However, Saruwatari discloses a nonaqueous electrolyte battery (Abstract) including a nonaqueous electrolyte comprising a solvent and an electrolyte salt (Paragraph 0070). Saruwatari teaches suitable examples of the electrolyte salt including LiPF6, LiBF4, (CF3SO2)2NLi, CF3SO3Li, LiAsF6, LiClO4, LiSbF6, and lithium difluorophosphate (Paragraph 0071). Saruwatari teaches suitable examples of the nonaqueous solvent including propylene carbonate, ethylene carbonate, 1,2-dimethoxyethane, γ-butyrolactone, tetrahydrofuran, sulfolane, diethyl carbonate (DEC), dimethyl carbonate (DMC), methylethyl carbonate (MEC) (Paragraph 0072), which overlap with the solvents disclosed by Annaka (Paragraph 0125).
Therefore, given the general teachings of Saruwatari, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the electrolyte salt of Annaka, exemplified by at least one of LiPF6, LiBF4, (CF3SO2)2NLi, CF3SO3Li, LiAsF6, LiClO4, LiSbF6 because Saruwatari teaches the variable may suitably be selected as lithium difluorophosphate. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified lithium-based salt would be useful as an electrolyte salt in the electrolyte of the nonaqueous battery of Saruwatari. See MPEP § 2143.I.(B).
Annaka in view of Saruwatari is silent as to a proportion of lithium difluorophosphate based on a total weight of the electrolyte is 0.001 wt% to 2 wt%.
However, Xu discloses an electrolyte that have improve the high temperature storage and cycle performance of an electrochemical device such as a lithium ion battery (Paragraph 3). Xu teaches in some embodiments, the electrolyte comprising lithium difluorophosphate present in an amount from 0.001% to about 2% by weight, based on the total weight of the electrolyte. Xu teaches when lithium difluorophosphate is included in the electrolyte in the aforementioned range, a sufficient protective film can be formed on the surface of the positive electrode, and the cycle performance of the electrochemical device can be improved while taking into consideration the low temperature (Paragraph 73).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium difluorophosphate of Annaka in view of Saruwatari to incorporate the teachings of Xu in which it is included in a proportion of 0.001 wt% to 2 wt% based on the total weight of the electrolyte. Doing so would advantageously result in a desirable protective film on the positive electrode and improved cycle performance of the electrochemical device, as recognized by Xu. The result of the modification is a range of lithium difluorophosphate in the electrolyte of Annaka which corresponds to the instant claimed range, meeting the instant claimed limitations.
Regarding claim 2, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 1.
Annaka teaches suitable examples of the organic solvent used in the electrolyte solution including dimethyl carbonate, diethyl carbonate, and ethyl methyl carbonate as well as ethylene carbonate, propylene carbonate, and butylene carbonate. Further, Annaka teaches a mixture of the aforementioned carbonate solvents may be employed (Paragraph 0125). Thus, Annaka teaches the instant claimed limitations of the electrolyte comprising a cyclic carbonate (ethylene carbonate, propylene carbonate, and butylene carbonate) and a linear carbonate (dimethyl carbonate, diethyl carbonate, ethyl methyl carbonate).
Regarding claim 3, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 1, wherein the electrolyte comprises a carbonate (Paragraph 1685).
Annaka teaches the organic solvent used in the electrolyte solution may be any organic solvent, and that a mixture of solvents is permitted (Paragraph 0125). In the examples of suitable examples of solvent, Annaka teaches methyl formate (Paragraph 0125) Thus, Annaka teaches an embodiment in which the electrolytic solution comprises a carboxylate.
At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to have selected and combined the suitable solvents taught by Annaka in which the electrolyte comprises a carbonate and a carboxylate (methyl formate). The modification would have been a combination of prior art elements, that a person of ordinary skill in the art would perform with no inventive effort required. Furthermore, the resulting electrolytic solution would yield predictable results in electrochemical apparatus. See MPEP 2143(I)(A).
Regarding claim 5, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 1.
Annaka teaches the copolymer additive to the positive electrode may comprise an acid group-containing monomer unit, including carboxy-group, sulfo group, and phosphate group containing monomers (Paragraph 0062). The presence of the acid group-containing monomers is taught by Annaka to increase positive electrode peel strength and improve secondary battery cycle characteristics. Annaka teaches the carboxy-group containing monomers include monocarboxylic acids (Paragraph 0063), including acrylic acid and crotonic acid (Paragraph 0064) which are listed as examples of unsaturated carboxylic acids in the instant disclosure described above (Paragraph 0039). Acrylic acid and crotonic acid are known in the art to be examples of unsaturated carboxylic acids, meeting the instant claimed limitations of the additive comprising an unsaturated carboxylic acid group
Annaka is silent as to the additive having at least one of the following characteristics: (a) an oxidation potential of not less than 4.5 V and a reduction potential of not greater than 0.5 V; (b) a surface tension of not greater than 40 mN/m.
However, it is reasonable to presume that the aforementioned properties (a) and (b) of the additive are inherent to Annaka.
As discussed above, the instant additive to the positive electrode mixture layer is equated with the basic group, acidic group, and (meth)acrylic group-containing monomers of the copolymer, as these monomers provide the features of hydrophilicity, lipophilicity, and the presence of an unsaturated carboxylic acid group as specified in the features of the instant additive.
Support for this presumption is found in that Annaka teaches the positive electrode mixture layer comprises an additive which shares the following features with the instant disclosure, as discussed above:
Comprising a hydrophilic group (basic group-containing monomer units, more specifically amino and amide group)
Comprising a lipophilic group ((meth)acrylic acid ester monomer unit)
Comprising 2-ethylhexyl acrylate
Comprising dodecyl methacrylate
Comprising an unsaturated carboxylic acid group (more specifically acrylic acid or crotonic acid)
Present at a proportion of the range taught which is less than 3000 ppm
Therefore, it is reasonable to presume that the additive which comprises features which overlap the additive of the instant claim would share the following characteristics: (a) an oxidation potential of not less than 4.5 V and a reduction potential of not greater than 0.5 V; (b) a surface tension of not greater than 40 mN/m, meeting the instant claimed limitations.
Regarding claim 6, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 1. As discussed previously, Annaka teaches the monomer units of (meth)acrylic acid ester, including 2-ethylhexyl acrylate (Paragraph 0079) into the copolymer additive, meeting the instant claimed limitation of the additive comprising acrylic acid (2-ethylhexyl) acrylate or acrylic acid ester copolymer
Further, as discussed above, Annaka also teaches the copolymer may contain an acidic group-containing monomer unit (Paragraph 0049). Annaka further teaches the acidic group-containing monomers that can be used to form the acidic group-containing monomer unit include carboxy group-containing monomers (Paragraph 0062) such as monocarboxylic acids and dicarboxylic acids (Paragraph 0063). Annaka teaches examples of monocarboxylic acids including acrylic acid (Paragraph 0064) and examples of dicarboxylic acids including maleic acid (Paragraph 0066). Annaka teaches that two or more acidic-group containing monomers may be used in combination in the copolymer (Paragraph 0075) in order to ensure positive electrode flexibility and peel strength as well as secondary battery output characteristics (Paragraph 0076). Thus, Annaka further teaches the additive comprising a copolymer of maleic and acrylic acid, further meeting the instant claimed limitations.
Regarding claim 8, Annaka teaches the electrochemical apparatus according to claim 1.
Annaka teaches the electrolyte solution of the disclosure may include a known additive (Paragraph 0126). Annaka teaches in the examples of the disclosure, vinylene carbonate added to the electrolyte solution (Paragraph 0179). As vinylene carbonate is known in the art to be an unsaturated ethylene carbonate compound, the instant claimed limitation of the electrolyte comprising an unsaturated ethylene carbonate is met.
Regarding claim 12, as discussed above in the rejection of claim 1, Annaka teaches:
an electrochemical apparatus, comprising: a positive electrode, a negative electrode and an electrolyte; wherein the positive electrode comprises a positive electrode current collector and a positive electrode mixture layer formed on the positive electrode current collector; wherein,
the electrolyte contains lithium difluorophosphate, and based on a total weight of the electrolyte, a proportion of the lithium difluorophosphate is 0.001 wt% to 2 wt%; and
the positive electrode mixture layer after being immersed in diethyl carbonate at 85°C for 120 hours has a thickness change rate of less than 10%;
wherein the positive electrode mixture layer comprises an additive having a hydrophilic group and a lipophilic group;
wherein the additive comprises at least one of 2-dodecyl acrylate, polyethylene glycol monomethyl ether acrylate, polyethylene glycol dimethacrylate, acrylate non-ionic fluorocarbon acrylate surfactant, or dodecyl methacrylate;
wherein the additive is present in a proportion of not greater than 3000 ppm, based on a total weight of the positive electrode mixture layer.
Annaka does not expressly teach an embodiment in which the electrochemical apparatus is in an electronic apparatus. However, Annaka recites “non-aqueous secondary batteries…have characteristics such as compact size, light weight, high energy density, and the ability to be repeatedly charged and discharged, and are used in a wide variety of applications” (Paragraph 0002).
Further, Annaka in view of Xu teaches an electrochemical device comprising an electrolyte which comprises lithium difluorophosphate as the lithium salt as discussed above. Xu teaches the electrochemical device may be a lithium secondary battery (Paragraphs 117-120). Xu teaches that such an electrochemical device is suitable for use in electronic equipment across various fields, for example portable phones, mobile computers, and power tools (Paragraph 150).
Since Annaka teaches a non-aqueous secondary battery and that these batteries can be used in a wide variety of applications, and Xu exemplifies some applications such as in various electronic equipment, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to fabricate an electronic apparatus comprising the electrochemical device of Annaka in order to obtain an electronic apparatus suitable for a desired application.
Regarding claim 14, Annaka teaches an electronic apparatus as discussed above with respect to claim 12.
As discussed above in the rejection of claim 5, Annaka teaches the additive having at least one of the following characteristics:
a) an oxidation potential of not less than 4.5 V and a reduction potential of not greater than 0.5 V;
(b) a surface tension of not greater than 40 mN/m;
(c) comprising an unsaturated carboxylic acid group
meeting the instant claimed limitations.
Regarding claim 15, Annaka teaches an electronic apparatus as discussed above with respect to claim 12.
As discussed in the rejection of claim 6, Annaka teaches the additive further comprises acrylic acid (2-ethylhexyl) acrylate or a copolymer of maleic and acrylic acid, meeting the instant claimed limitations.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Annaka as applied to claims 1-3, 5-6, 8, 12, 14-15 above, further in view of Shen (Chinese Patent Publication No. 109704324 A).
Regarding claim 7, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 1.
Annaka is silent as to X mg of lithium difluorophosphate in the electrolyte and a reaction area Y m2 of the positive electrode mixture layer satisfy the following relationship: 10<X/Y<100.
However, Shen discloses an electrode material and a secondary battery using the same (Paragraph 1). Shen teaches that in order to improve battery performance, the specific surface area of the electrode material is preferably from 0.5 to 3.0 m2/g. Shen teaches when the surface area is less than this range, the reaction area of the material is too small and the electrochemical reaction rate is slow, resulting in poor rate performance of the battery. Shen teaches when the surface area is more than this range, the reaction area is too large and side reactions occur, resulting in rapid decay of battery capacity and poor cycle performance (Paragraph 15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the specific surface area of the electrode material of Annaka to incorporate the teachings of Shen in which the area lies within the aforementioned range in order to ensure desirable performance and characteristics of a battery employing the electrode material, as recognized by Shen.
As discussed above, Shen discloses the effect of the specific surface area of the electrode material on the reaction area of the electrode material, particularly the desire to strike a balance between having a sufficiently sized area to perform an electrochemical reaction and too large of an area that promotes undesirable side reactions.
Absent unexpected results, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to optimize the reaction area (by adjusting the specific surface area of the electrode material) of positive electrode mixture layer, since it has been held that where general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05. By adjusting the reaction area of the positive electrode mixture layer, represented by Y (m2) in the instant claim, it follows that the ratio of X to reaction area of the positive electrode mixture layer Y (m2), X/Y, would also be adjusted and could be optimized.
In the present invention, one would have been motivated to optimize reaction area (Y) of the positive electrode mixture layer so that the ratio X/Y between the mg of lithium difluorophosphate in the electrolyte and the m2 reaction area of the positive electrode mixture layer to be within the claimed ranges of the instant claim in order to achieve the desired rate/cycle performance and capacity retention rate of the battery.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Annaka as applied to claims 1-3, 5-6, 8, 12, 14-15 above, further in view of Liu (European Patent Publication No. 3435454 A2).
Regarding claim 9, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 1, wherein the positive electrode mixture layer comprises a positive electrode active material, and the positive electrode active material comprises lithium-containing transition metal oxides (lithium-containing composite metal oxide) (Paragraph 0021).
Annaka teaches a lithium-containing composite metal oxide represented by a formula (A1): LiNiaCobMncO2 and a lithium-containing composite metal oxide represented by a formula (A2): LiNixCoyAlzO2 can suitably be used as positive electrode active material which does not readily deteriorate and has excellent capacity per unit volume (Paragraph 0042). Further, Annaka teaches the amount and particle diameter of the positive electrode active material is not specifically limited (Paragraph 0045).
Thus, Annaka teaches two different compositions of lithium-containing composite metal oxides which may be used together as positive electrode active material implemented in a battery.
Annaka does not explicitly teach the lithium-containing transition metal oxides of the positive electrode active material have different median particle sizes.
However, Liu discloses a positive active material for a lithium ion battery (Paragraph 0001) comprising a first lithium transition metal oxide represented by formula Lia(NibCocMnd)1-eMeO2 and a second lithium transition metal oxide represented by formula LixNiyCozM"sO2, wherein 0.9<a<1.1, 0.6≤b<0.9, 0.1≤c<0.4, 0.05≤d<0.4, 0≤e≤0.1, b+c+d=1, M is at least one of Al, Mg, Ti, Zr, M' is at least one of Mg, Ti, Zr, 0.9<x<1.1, 0.4≤y<0.6, 0.2≤z<0.5, 0.2≤s<0.5, y+z+s=1, M"is at least one of Mn, Al, Mg, Ti, Zr, Fe, Cr, V, Ti, Cu, B, Ca, Zn, Nb, Mo, Sr, Sb, W, Bi (Paragraph 0006). Thus, Liu discloses lithium, nickel, and cobalt-containing metal oxides which differ in that they may also contain aluminum and manganese, similar to Annaka described above.
Liu teaches the second lithium transition metal oxide represented by the above formula has a particle size of 6µm<D50≤10µm while the first lithium transition metal oxide represented by the above formula has a large median particle size D50 (>10µm) (Paragraph 0013). Liu teaches that by using a combination of lithium transition metal oxides having different median particle sizes, the gap between adjacent particles may be utilized to attain high levels of compacted density, thereby increasing volumetric energy density (Paragraph 0013).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium-containing composite metal oxides represented by Formula (A1) and (A2) of Annaka to incorporate the teachings of Liu in which the median particle sizes of the two compositions differs. Doing so would advantageously result in high compacted and volumetric energy density, as recognized by Liu.
The result of the modification is the positive electrode active material comprising lithium-containing transition metal oxides having different median particle sizes, meeting the instant claimed limitations.
Regarding claim 10, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 9.
Annaka teaches the lithium-containing composite metal oxide represented by a formula (A2) LiNixCoyAlzO2 where 0.7≤x≤1.0, 0≤y≤0.3, 0≤z≤0.1, and 0.9≤x+y+z≤1.1
The following equivalences between the elements and their subscript variables is denoted in the table below, where the underline denotes an inclusive boundary of a range:
Element in Formula (A2) of Annaka
Subscript of Formula (A2) Annaka
Subscript Range of Formula (A2) Annaka
Element of Instant Compositional Formula
Subscript of Instant Compositional Formula
Subscript Range of Instant Compositional Formula
Li
1
1
Li
a
0.5 – 1.1
Ni
x
0.7 - 1
M1=Ni
y
0.8 – 1.2
Co
y
0 – 0.3
M1=Co
z
0.8 – 1.2
Al
z
0 – 0.1
M2=Al
c
0.002 – 0.05
O
2
2
O
2
2
As is illustrated in the table above, the subscripts of the elements in Formula A2 of Annaka overlap the range of the subscripts of the elements in the instant compositional formula. Therefore, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
As the instant claim defines M3 but does not require that its subscript d is non-zero, Annaka meets the claimed limitations.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Annaka as applied to claims 1-3, 5-6, 8, 12, 14-15 above, further in view of Kondo (Non-Patent Literature, “Effects of Mg-substitution in Li(Ni,Co,Al)O2 positive electrode materials on the crystal structure and battery performance”).
Regarding claim 11, Annaka teaches the electrochemical apparatus as discussed above with respect to claim 9. As mentioned previously, Annaka teaches the lithium-containing composite metal oxide represented by a formula (A2) LiNixCoyAlzO2.
Thus, Annaka teaches the lithium-containing transition metal oxide comprises Al, meeting the instant claimed limitation.
Annaka is silent as to the lithium-containing transition metal oxide comprises Mg. However, Kondo discloses magnesium-substituted lithium-containing transition metal oxides, particularly lithium-containing transition metal oxides comprising nickel, cobalt, and aluminum (Abstract), which overlaps with the components disclosed by Annaka. Kondo compares the battery performance between LiNi0.80Co0.15Al0.05O2 with substituted LiNi0.75Co0.15Al0.05Mg0.05O2 (Page 1132, Column 1, Paragraph 1). Kondo teaches that when a portion of the nickel in the lithium-containing transition metal oxide is substituted by Mg, the performance of the battery is improved, particularly the capacity retention increased and the suppression of battery resistance (Page 1135, Column 2, Paragraph 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium-containing transition metal oxide of Annaka to incorporate the teachings of Kondo in which a portion of the nickel-containing lithium transition metal oxide of the formula (A2) of Annaka is substituted with magnesium. Doing so would advantageously result in improved battery performance, as recognized by Kondo.
Response to Arguments
Response – Rejections Under 35 USC § 103
On pages 8-12, and 13-14 of the Remarks submitted on January 21st, 2026, applicant provides arguments with respect to the claimed range of 0.001 wt% to 2 wt% of lithium difluorophosphate in the electrolyte as recited in instant claim 1 yields unexpected results.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument, specifically Miyagi to teach the proportion of lithium difluorophosphate present in the electrolyte.
As detailed above, a new grounds of rejection was presented for this limitation in view of Xu.
On page 13 of the Remarks submitted on January 21st, 2026, applicant argues that Miyagi fails to teach the amended limitations of the claimed electrochemical apparatus as recited in amended claim 1.
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument, specifically Miyagi to teach the limitations of claim 1.
As detailed above, a new grounds of rejection was presented for claim 1 in view of Annaka.
On page 16 of the Remarks submitted on January 21st, 2026, applicant argues that Annaka does not disclose or suggest the specific claimed additives as recited in the amended claim 1, particularly 2-dodecyl acrylate, polyethylene glycol monomethyl ether acrylate, polyethylene glycol dimethacrylate, acrylate non-ionic fluorocarbon acrylate surfactant, or dodecyl methacrylate.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant’s arguments, the Examiner presents the rejection of this limitation of claim 1 as presented above, particularly with respect to Annaka’s teachings of suitable (meth)acrylic acid ester monomer units in the copolymer additive of the positive electrode layer including lauryl methacrylate (dodecyl methacrylate) (Paragraphs 0078-0079). Thus, Annaka teaches the additive comprising dodecyl methacrylate, meeting the instant claimed limitations.
On page 16 of the Remarks submitted on January 21st, 2026, applicant argues that the Office calculates the ppm of the copolymer composition of Annaka, not the claimed specific additive. Thus because the presently claimed additive is fundamentally different from Annaka’s copolymer, the ppm values derived from Annaka’s monomer percentages cannot be equated to the ppm values of the different additives now claimed.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant’s arguments, the examiner presents from the Non-Final Office Action mailed October 21st, 2025 the explanation of the teachings of Annaka: “The instant additive to the positive electrode mixture layer is equated with the basic group, acidic group, and (meth)acrylic acid ester group-containing monomers of the copolymer, as these monomers provide the features of hydrophilicity, lipophilicity, and the presence of an unsaturated carboxylic acid group as specified in the features of the instant additive.” As the copolymer composition of Annaka comprises the hydrophilic group, lipophilic group, and dodecyl methacrylate as recited in the requirements for the additive in the instant claim 1, the copolymer which comprises the elements of the additive and is considered the additive of the instant claim. Applicant has not pointed out how the claimed additive is fundamentally different from Annaka’s copolymer system, and further no further limitations to differentiate the claimed additive over the prior art have been provided in the instant claimed limitation. Thus, the values derived from Annaka’s monomer percentages can be equated to the ppm values of the additive of the instant claim, as Annaka’s copolymer composition meets all of claimed structural requirements of the additive as recited in the instant claim 1.
On pages 16-17 of the Remarks submitted on January 21st, 2026, applicant argues that there is no basis for presuming inherency with respect to the thickness change rate, as Annaka does not disclose the claimed additive in the claimed additive amount.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant’s arguments, the examiner presents as recited in the rejection of claim 1 above now in view of Annaka and as argued above, Annaka does disclose the claimed additive in the claimed additive amount, and thus the rejection of newly amended claim 1 limitations with respect to the thickness change rate by presuming inherency is proper.
On page 18 of the Remarks submitted on January 21st, 2026, applicant argues that dependent claims 2, 3, and 5-11 are allowable for at least the reasons presented above with respect to independent claims 1 and 12.
Applicant's arguments have been fully considered but they are not persuasive for at least the reasons presented above for claims 1 and 12.
Conclusion
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/O.A.J./ Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789