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 .
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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/20/26 has been entered.
Claims 1, 3-8, and 10-16 are pending.
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.
Claim(s) 1, 3-4, and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujiki et al (US 2013/0136985, cited in IDS filed 6/11/26) in view of Zhang et al (US 2019/0305299).
Regarding claim 1, Fujiki et al teaches a lithium secondary battery (paragraph [0002]), comprising:
a positive electrode having a positive active material (paragraph [0046-0048], cathode active material), which includes a lithium cobalt manganese oxide including a weight percentage of nickel (paragraph [0048], lithium composite oxide preferably contains nickel, cobalt, manganese);
a negative electrode having a negative active material that is a silicon-based material (paragraph [0076-0078], anode material preferably Si, having a high ability of inserting and extracting lithium ions);
an electrolyte system (paragraph [0098], electrolytic solution containing a solvent and salt) providing ionic conductivity between the positive electrode and the negative electrode to allow lithium ions to move between the positive electrode and the negative electrode to perform an electrochemical reaction for charging and discharging (known function of electrolyte in the lithium-ion secondary battery); and
an ionic provider, added in the positive electrode and being inactive during the electrochemical reaction, wherein the ionic provider includes an anionic group and a reactive cation bonded to the anionic group (paragraph [0064-0068], second compound, including M6PkOmFn, where the metal M6 may be Na (paragraph [0067]), and the anions include phosphates (paragraph [0065])), and the ionic provider releases the reactive cation by absorbing thermal energy to react with the positive active material and deactivate the positive active material (functional limitation, same material, note paragraph [0052], due to synergetic action, electrochemical stability of the cathode active material and decomposition suppression of electrolytic solution is achieved);
wherein the reactive cation is sodium (paragraph [0067], M6 may represent Na);
wherein the anionic group is PkOm, where 0<k≤5, 0<m≤14 (paragraph [0065-0068], note examples of phosphates like Na(PO4)2 and that PkOm, where 0<k≤5, 0<m≤14, thus encompassing the phosphate based anion groups claimed).
Fujiki et al is quiet to the positive electrode active material including a weight percentage of nickel more than 75%.
Zhang teaches high loading electrodes for use in electrochemical devices such as secondary batteries (paragraph [0002]). Zhang teaches the anode includes an anode active material, such as a silicon metal or alloy (paragraph [0035, 0039]). Zhang teaches the cathode includes an electrochemically active material, which may be a lithium nickel-cobalt-manganese oxide material such as NCM-111, NCM-424, NCM-523, NCM-622, NCM-811 or lithium nickel cobalt aluminum (paragraph [0034], [0040]).
It would have been obvious to one of ordinary skill in the art to modify Fujiki et al to use a lithium nickel cobalt manganese oxide having a weight percentage of nickel more than 75%, as Fujiki et al teaches that a lithium composite oxide containing nickel, cobalt, and manganese can be used (paragraph [0048], paragraph [0059], other compounds satisfying the chemical formulas may be used), and that Zhang teaches conventional lithium nickel cobalt manganese oxide materials including NCM-811 (paragraph [0034,0040]).
All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Regarding claim 3, the combination teaches wherein the anionic group is asymmetrical (note that although Fujiki is not explicit to asymmetry, the range of anion groups PkOm, where 0<k≤5, 0<m≤14 encompasses the phosphate based anion groups as claimed and includes asymmetric anions).
Regarding claim 4, the combination teaches wherein the ionic provider is distributed between positive active material particles or is coated on a surface of the positive electrode (Fujiki, paragraph [0052], second compound exists on the surface of the lithium composite oxide).
Regarding claim 7, the combination teaches the ionic provider is not dissociable in a polar solution.
Note that the phrase “not dissociable in a polar solution” is defined in applicant’s specification, p.7 lines 7-10, as “not necessary for the ionic provider of this invention to be dissociated in a polar solution.” The prior art teaches the identical structure to the claimed invention, including the same ionic provider as claimed, and thus would have the same properties as being not necessary for the ionic provider to be dissociated in a polar solution.
As the structure of the prior art is substantially identical to that of the claims, claimed properties and functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01(I).
Note that if the composition is physically the same, it must have the same properties. "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01(II).
Claim(s) 5-6, 8, and 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujiki et al as modified by Zhang as applied to claim 1 above, and further in view of JP 2013-235653A (cited in IDS filed 12/16/24).
Regarding claim 5, the combination of Fujiki et al as modified by Zhang as applied to claim 1 above is quiet to a lithium distributed between negative active material particles or coated on a surface of the negative electrode, wherein the lithium receiver is capable of reacting with lithium to form lithium alloy or lithium compound, but does not involve in the electrochemical reaction; wherein an electric potential which the lithium receiver is reacted with lithium is different from an electric potential which the negative active material of the negative electrode is reacted with lithium.
JP 2013-235653A teaches a secondary battery where the negative electrode active material can be a conventionally used one, including silicon (paragraph [0047]), and that silicon has a charge absorption potential of 0.04V to 0.33V (paragraph [0048]). JP 2013-235653A teaches that the negative active material can further include a charge storage material that can absorb charge carriers at a higher potential than the negative electrode active material (paragraph [0044]), and retain them without releasing them (paragraph [0051]). JP 2013-235653A discloses that there are no particular limitations on the compound as long as it has such properties (paragraph [0051]), and shows that Titanium Sulfide (TiS2) and Iron Sulfide (FeS2) (paragraph [0051]) as having said properties. The charge absorbing material, once absorbed, is not released and becomes an irreversible capacitance, providing the battery with reliability during overcharging (paragraph [0012]).
It would have been obvious to one of ordinary skill in the art to modify the combination so as to further include a charge storage material, as taught in JP 2013-235653 A, to the negative electrode active material, as JP 2013-235653 A teaches that the charge storage material that absorbs charge carriers at a higher potential than the negative electrode active material provides reliability during overcharging (paragraph [0011-0012]).
Regarding claim 6, the combination teaches the lithium receiver is an inorganic material, wherein the inorganic material comprises FeS2 or TiS2 (JP 2013-235653 A, paragraph [0051]).
Regarding claim 8, see rejection of claims 1 and 5 above. Independent claim 8 is similar to independent claim 1, but does not require the ionic provider, and instead requires a lithium receiver that is discussed above with respect to claim 5.
Regarding claims 10-15, see rejection of claims 1 and 3-7 above regarding the teachings of the ionic provider (second compound) as taught in Fujiki.
Regarding claim 16, see rejection of claims 1 and 5-6 above. Independent claim 16 is substantially similar to independent claim 1, further requiring the lithium receiver as discussed with respect to claims 5-6.
Claim(s) 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2013-235653A in view of Zhang (US 2019/0305299).
Regarding claim 8, JP 2013-235653 A teaches a lithium secondary battery (paragraph [0011-0012]), comprising:
a positive electrode having a positive active material (paragraph [0035], conventional positive electrode active materials can be used), which includes a lithium cobalt manganese oxide including a weight percentage of nickel (paragraph [0035-0036], lithium nickel cobalt manganese composite oxide);
a negative electrode having a negative active material that is a silicon-based material (paragraph [0047], conventionally used negative electrode active materials can be used, including metallic materials such as silicon, paragraph [0048], silicon charge absorption potential vs Li/Li+ is about 0.04V to 0.33V);
an electrolyte system (paragraph [0061-0062]) providing ionic conductivity between the positive electrode and the negative electrode to allow lithium ions to move between the positive electrode and the negative electrode to perform an electrochemical reaction for charging and discharging (known function of electrolyte in the lithium-ion secondary battery); and
a lithium receiver disposed in the negative electrode (paragraph [0044], negative electrode composite layer contains at least a negative electrode active material and a charge storage material), wherein the lithium receiver is capable of reacting with lithium to form lithium alloy or lithium compound (paragraph [0051], absorbs charge carriers), but does not involve in the electrochemical reaction (paragraph [0051], retains and absorbs charge carriers without releasing them);
wherein an electric potential which the lithium receiver is reacted with lithium is higher than an electric potential which the negative active material of the negative electrode is reacted with lithium (paragraph [0011], charge storage material capable of absorbing the charge carriers at a higher potential than the negative electrode active material); wherein the lithium receiver is an inorganic material, wherein the inorganic material includes FeS2 or TiS2, or a mixture thereof (paragraph [0051], FeS2, TiS2).
JP 2013-235653 A is quiet to the positive electrode active material including a weight percentage of nickel more than 75%.
Zhang teaches high loading electrodes for use in electrochemical devices such as secondary batteries (paragraph [0002]). Zhang teaches the anode includes an anode active material, such as a silicon metal or alloy (paragraph [0035, 0039]). Zhang teaches the cathode includes an electrochemically active material, which may be a lithium nickel-cobalt-manganese oxide material such as NCM-111, NCM-424, NCM-523, NCM-622, NCM-811 or lithium nickel cobalt aluminum (paragraph [0034], [0040]).
It would have been obvious to one of ordinary skill in the art to modify JP 2013-235653 A to use a lithium nickel cobalt manganese oxide having a weight percentage of nickel more than 75%, as JP 2013-235653 A teaches that one or more conventionally used materials can be used (paragraph [0035]), and that Zhang teaches conventional lithium nickel cobalt manganese oxide materials including NCM-811 (paragraph [0034,0040]).
All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would yield nothing more than predictable results to one of ordinary skill in the art. KSR, 550 U.S. at 416, 82 USPQ2d at 1395. MPEP 2143(I)(A).
Regarding claim 10, JP 2013-235653A teaches wherein the lithium receiver is distributed between negative active material particles or coated on a surface of the negative electrode (JP 2013-235653A , paragraph [0044], charge absorbing material mixed with the negative electrode active material to form a slurry).
Claim(s) 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2013-235653A as modified by Zhang as applied to claim 8 above, and further in view of Fujiki et al (US 2013/0136985, cited in IDS filed 6/11/26).
Regarding claim 11, the combination of JP 2013-235653A as modified by Zhang is quiet to an ionic provider disposed in the positive electrode and being inactive during the electrochemical reaction, wherein the ionic provider includes an anionic group and a reactive cation bonded to the anionic group, and the ionic provider releases the reactive cation by absorbing thermal energy to react with the positive active material and deactivate the positive active material, wherein the reaction cation is sodium or potassium.
Fujiki et al teaches a secondary battery where the positive active material includes a first compound, such as a lithium composite oxide comprising nickel, cobalt, and manganese (paragraph [0048]), and a second compound containing a second metal element, the second compound exists on the surface of the particles of the lithium composite oxide (paragraph [0064]). Fujiki et al teaches the second compound preferably contains phosphorus, more preferably containing one or more PO4 (paragraph [0065]), and that the metal may include Na (paragraph [0067]). The materials may have a formula of M6jPkOmFn (paragraph [0066]), with an example of Na(PO4)2 (paragraph [0067]).
It would have been obvious to one of ordinary skill in the art to modify the combination so as to include a second compound to the positive active material, as Fujiki et al teaches that due to the synergetic action between the first compound and the second compound, both electrochemical stability of the cathode active material and decomposition suppression of the electrolytic solution are achieved (paragraph [0052]).
Regarding claims 12-13, the combination teaches a range of phosphate based anionic groups, PkOm, where 0<k≤5, 0<m≤14 (Fujiki, paragraph [0065-0068]), encompassing the phosphate based anion groups that are asymmetric.
Regarding claim 14, the combination teaches the ionic provider is distributed between positive active materials or is coated on a surface of the positive active material (Fujiki, paragraph [0065], exists on the surface).
Regarding claim 15, the combination teaches the ionic provider is not dissociable in a polar solution.
Note that the phrase “not dissociable in a polar solution” is defined in applicant’s specification, p.7 lines 7-10, as “not necessary for the ionic provider of this invention to be dissociated in a polar solution.” The prior art teaches the identical structure to the claimed invention, including the same ionic provider as claimed, and thus would have the same properties as being not necessary for the ionic provider to be dissociated in a polar solution.
As the structure of the prior art is substantially identical to that of the claims, claimed properties are functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01(I).
Note that if the composition is physically the same, it must have the same properties. "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01(II).
Regarding claim 16, see rejection of claims 8 and 11 above. Independent claim 16 is substantially similar to independent claim 8, further requiring the ionic provider as discussed with respect to claim 11.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Kano et al (US 2015/0079470), Choi et al (US 2023/0187620), and Tagawa (JP 2006-156317 A) are no longer cited in the rejections above. The rejections above look towards Fujiki et al (US 2013/0136985) for the teachings of a secondary battery including a silicon anode and a lithium nickel cobalt manganese cathode, wherein the cathode can further include a second compound of a metal cation such as Na (paragraph [0065-0068]) and an anionic group based on phosphates (paragraph [0065-0068]). The rejections above additionally look towards JP 2013-235653A for the teachings of a second battery including a silicon anode and a lithium nickel cobalt manganese cathode, wherein the anode can further including a charge storage material such as a FeS2 or a TiS2 (paragraph [0051]).
Conclusion
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/JACKY YUEN/
Examiner
Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
