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 .
Response to Amendment
The amendment filed 12/11/2025 has been entered. Claims 1-3 and 5-14 remain pending in this application. The examiner acknowledges the cancellation of claim 4. The examiner acknowledges no new matter has been added.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1 and 5-14 are rejected under 35 U.S.C. 103 as being unpatentable over Min et al. (KR 10-2019-0131721 A) and in the alternative under 35 U.S.C. 103 over Min et al. (KR 10-2019-0131721 A) in view of Kim et al. (US 2019/0393479 A1). Min et al. was cited in the IDS filed 11/26/2024. A numbered translation of Min et al. was used from Espacenet and is attached. Kim et al. was cited in the non-final rejection filed 9/17/2025.
Regarding claim 1, Min et al. teaches a lithium secondary battery (see e.g. the lithium secondary battery in Para. 72), comprising:
a cathode comprising a cathode current collector and a cathode active material layer disposed on at least one surface of the cathode current collector (see e.g. the positive electrode mixture slurry containing a positive electrode active material coated on the positive electrode current collector in Para. 75), the cathode active material layer comprising a cathode active material (see e.g. the positive electrode active material in Para. 75 and 77)
an anode (see e.g. the negative electrode in Para. 72) facing the cathode (see e.g. the wound or stacked positive and negative electrodes in Para. 53 and 110); and
a non-aqueous electrolyte comprising a non-aqueous organic solvent that contains a fluorine-based organic solvent, a lithium salt and an additive (see e.g. the electrolyte with an organic solvent that is fluorine substituted and lithium salt in Para. 9-11 and additive in Para.18 that is not mentioned to contain water),
wherein the non-aqueous organic solvent further comprises a non-fluorine-based organic solvent (see e.g. the cyclic carbonate-based compound and propyl propionate-based compound in Para. 11 that is part of the organic solvent may each read on “a non-fluorine-based organic solvent.” Additionally, many of the additives noted in Para. 18 may also read on a non-fluorine-based organic solvent as they contain non-fluorine-based organic compounds such as vinylene carbonate and vinyl ethylene carbonate, known to be solvents. In further support the instant specification describes the solvent may be carbonate-based in Para. 99-100 of the instant specification. Additionally, the claim is not currently written to prevent a possible interpretation of a material being an additive and a non-fluorine-based organic solvent from reading on the claim).
including first cathode active material particles, each of which has a single particle shape (Considering the prior art discloses the same structure and composition as the claimed invention thus far in Para. 72, 75, and 77, a person of ordinary skill in the art would reasonably expect it to have the claimed property of the positive electrode active material including first cathode active material particles, each of which has a single particle shape, lacking anything to the contrary. See MPEP 2112.01.);
In the alternative, Kim et al. teaches a lithium secondary battery comprises a cathode formed from a cathode active material including a first cathode active material particle and a second cathode active material particle, in Para. 73-74 in which the first cathode active material particle is formed of a plurality of primary particles and the second cathode active material particle is formed of a plurality a single particle structure in the abstract and Para. 10. Kim et al. teaches a blend of a first cathode active material particle, and a second cathode active material particle may be used as a cathode active material. The first cathode active material particle may include a concentration gradient and may have a secondary particle structure which may be formed from an aggregation of primary particles. The second cathode active material particle may have a single particle structure or a single crystalline structure. For example, high capacity and high power of the lithium secondary battery may be obtained from the first cathode active material particle, and penetration stability and thermal stability of the lithium secondary battery may be obtained from the second cathode active material in Par. 28.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the positive active material of Min et al. to have the first cathode active material particle is formed of a plurality of primary particles and the second cathode active material particle is formed of a single particle structure to have high capacity and power and penetration and thermal stability as noted in Para. 28 of Kim et al.
Min et al. fails to explicitly teach a volume ratio of the fluorine-based organic solvent to the non-fluorine-based organic solvent is in a range from 1.5 to 9.
However, Min et al. teaches the fluorine-substituted acetate-based compound may be included in an amount of 5 parts by weight to 15 parts by weight, more preferably 5 parts by weight to 10 parts by weight based on 100 parts by weight of the organic solvent. When the fluorine-substituted acetate-based compound is included within the above range, it is possible to provide an electrolyte for a lithium secondary battery having excellent oxidation stability while maintaining wetting at a certain level or higher in Para. 39. The organic solvent may have a composition of (5-15):(20-45):(40-70) of fluorine substituted acetate-based compound, cyclic carbonate-based compound and propyl propionate in Para 11 and 13-15. The cyclic carbonate may be ethylene carbonate and propylene carbonate where ethylene carbonate is 150-400 parts by weight based on 100 of propylene carbonate in Para. 13 and 15, both non-fluorine-based organic solvents. Additionally, an additive may be included in an amount of 0.1 to 20 parts by weight of the electrolyte in Para. 45. The additive may comprise non-fluorine-based organic solvents such as vinylene carbonate and vinyl ethylene carbonate in Para. 44 that may read on the non-fluorine-based organic solvent as currently written. The volume ratio as currently written does not exclude a ratio between the fluorine-based organic solvent and one of the non-fluorine-based organic solvents of the mixture of non-fluorine-based organic solvents from reading on the claim. Because of the various non-fluorine-based organic solvents, various situations of the art may overlap with the claimed range because the range as currently written. The volume ratio is only required of the fluorine-containing organic solvent and a non-fluorine-containing organic solvent. It is not required that the fluorine-containing organic solvent has the volume ratio compared to the entire volume of the non-fluorine-containing organic solvents within the electrolyte. See calculations below that serve as examples of how the range may be overlapped. The example calculations are not the only possible compositions that may read on the claims that are taught by Min et al..
Knowns in Prior Art:
Electrolyte = organic solvent + additive + Li salt (see e.g. Para 39 and 44)
Fluorine-substituted acetate-based compound may be 5-15 parts by weight of organic solvent (see e.g. Para. 39) and may be 2,2-difluoro ethyl acetate (see e.g. Para. 38 and examples 1-5 and comparative examples 1, 3, and 4 in para. 102-135)
Additive may be 0.1 to 20 parts by weight of electrolyte (see e.g. Para 44)
Salt may have a molarity 1-1.2 M and may be LiPF6 (see e.g. Para. 32 and examples 1-5 and comparative examples 1-4 in para. 102-135)
The organic solvent may have a composition of (5-15):(20-45):(40-70) of fluorine substituted acetate-based compound, cyclic carbonate-based compound and propyl propionate (see e.g. Para 11 and 13-15 and examples 1-5 and comparative examples 1-4 in para. 102-135)
Cyclic carbonate may be ethylene carbonate and propylene carbonate where ethylene carbonate is 150-400 parts by weight based on 100 of propylene carbonate (see e.g. Para 13 and 16 and examples 1-5 and comparative examples 1-4 in para. 102-135)
The additive may be vinyl ethylene carbonate (see e.g. Para 44)
As shown in example 1 in Para. 104, 8.5 g of electrolyte comprising the organic solvent and LiPF6 was prepared for a molarity of 1.2 M of LiPF6, before the additive(s) were added.
Background
151.905 g/mol is molar mass of LiPF6
Density of ethylene carbonate: 1.32 g/cm3
Density of propylene carbonate: 1.2 g/cm3
Density of propyl propionate: About 0.881 g/cm3
Density of 2,2-difluoro ethyl acetate: About 1.18 g/cm3
Density of vinyl ethylene carbonate: About 1.188 g/cm3
Set Parameters for example calculation (within ranges and examples of prior art):
20:10:60:10 mass ratio of ethylene carbonate, propylene carbonate, propyl propionate, and 2,2-difluoro ethyl acetate in organic solvent
1.2 M LiPF6
8.5 g total of organic solvent and LiPF6
Additive is 0.5 parts by mass per 100 parts by mass of electrolyte of vinyl ethylene carbonate
Acronyms:
Parts by mass = pbm
Ethylene carbonate = EC
Propylene carbonate = PC
Propyl propionate = PP
2,2-difluoro ethyl acetate = DFEA
vinyl ethylene carbonate = VEC
Organic solvent = OS
Electrolyte = E
m
a
s
s
o
f
o
r
g
a
n
i
c
s
o
l
v
e
n
t
+
m
a
s
s
o
f
L
i
P
F
6
=
8.5
g
x
g
o
r
g
a
n
i
c
s
o
l
v
e
n
t
=
8.5
g
-
m
a
s
s
o
f
L
i
P
F
6
v
o
l
o
r
g
a
n
i
c
s
o
l
v
e
n
t
*
1.2
m
o
l
e
s
L
i
P
F
6
l
i
t
e
r
s
o
f
O
S
*
151.905
g
L
i
P
F
6
1
m
o
l
L
i
P
F
6
=
m
a
s
s
o
f
L
i
P
F
6
(
i
n
g
)
20
p
b
m
E
C
100
p
b
m
O
S
x
*
1
c
m
3
E
C
1.32
g
E
C
+
10
p
b
m
P
C
100
p
b
m
O
S
x
*
1
c
m
3
P
C
1.2
g
P
C
+
60
p
b
m
P
P
100
p
b
m
O
S
x
*
1
c
m
3
P
P
0.881
g
P
P
+
10
p
b
m
D
F
E
A
100
p
b
m
O
S
x
*
1
c
m
3
D
F
E
A
1.18
g
D
F
E
A
=
v
o
l
o
r
g
a
n
i
c
s
o
l
v
e
n
t
(
i
n
c
m
3
o
r
m
L
)
0.152
x
+
0.083
x
+
0.681
x
+
0.085
x
=
v
o
l
o
r
g
a
n
i
c
s
o
l
v
e
n
t
(
i
n
c
m
3
o
r
m
L
)
1.001
x
=
v
o
l
o
r
g
a
n
i
c
s
o
l
v
e
n
t
(
i
n
c
m
3
o
r
m
L
)
1.001
x
*
1.2
m
o
l
e
s
L
i
P
F
6
l
i
t
e
r
s
o
f
O
S
*
1
L
1000
m
L
*
151.905
g
L
i
P
F
6
1
m
o
l
L
i
P
F
6
=
8.5
g
-
x
0.182
x
=
8.5
-
x
1.182
x
=
8.5
7.191
g
=
x
g
o
f
o
r
g
a
n
i
c
s
o
l
v
e
n
t
Therefore,
D
F
E
A
m
a
s
s
=
7.191
g
O
S
*
10
p
b
m
D
F
E
A
100
p
b
m
O
S
=
0.7191
g
D
F
E
A
D
F
E
A
v
o
l
=
0.7191
g
D
F
E
A
*
1
c
m
3
D
F
E
A
1.18
g
D
F
E
A
=
0.61
c
m
3
D
F
E
A
8.5
g
o
f
O
S
a
n
d
L
i
P
F
6
+
m
a
s
s
o
f
V
E
C
=
y
g
o
f
e
l
e
c
t
r
o
l
y
t
e
m
a
s
s
o
f
V
E
C
(
i
n
g
)
=
5
p
b
m
V
E
C
100
p
b
m
E
*
y
g
o
f
e
l
e
c
t
r
o
l
y
t
e
8.5
g
+
5
p
b
m
V
E
C
100
p
b
m
E
y
=
y
8.5
g
=
0.95
y
y
=
8.947
g
Therefore,
m
a
s
s
o
f
V
E
C
(
i
n
g
)
=
5
p
b
m
V
E
C
100
p
b
m
E
*
8.947
g
o
f
e
l
e
c
t
r
o
l
y
t
e
m
a
s
s
o
f
V
E
C
=
0.447
g
V
E
C
v
o
l
=
0.447
g
V
E
C
*
1
c
m
3
V
E
C
1.188
g
V
E
C
=
0.377
c
m
3
V
E
C
D
F
E
A
v
o
l
V
E
C
v
o
l
=
0.61
c
m
3
0.377
c
m
3
=
1.75
Additional example if 0.5% by weight of another additive is used (to address overlapping range when meeting claims 11 and 13):
8.5
g
o
f
O
S
a
n
d
L
i
P
F
6
+
m
a
s
s
o
f
V
E
C
+
m
a
s
s
o
f
o
t
h
e
r
a
d
d
i
t
i
v
e
=
y
g
o
f
e
l
e
c
t
r
o
l
y
t
e
m
a
s
s
o
f
V
E
C
(
i
n
g
)
=
5
p
b
m
V
E
C
100
p
b
m
E
*
y
g
o
f
e
l
e
c
t
r
o
l
y
t
e
m
a
s
s
o
f
o
t
h
e
r
a
d
d
i
t
i
v
e
(
i
n
g
)
=
5
p
b
m
o
t
h
e
r
a
d
d
i
t
i
v
e
100
p
b
m
E
*
y
g
o
f
e
l
e
c
t
r
o
l
y
t
e
8.5
g
+
10
100
y
=
y
8.5
g
=
0.9
y
y
=
9.44
g
o
f
e
l
e
c
t
r
o
l
y
t
e
m
a
s
s
o
f
V
E
C
(
i
n
g
)
=
5
p
b
m
V
E
C
100
p
b
m
E
*
9.44
g
o
f
e
l
e
c
t
r
o
l
y
t
e
m
a
s
s
o
f
V
E
C
=
0.472
g
V
E
C
v
o
l
=
0.472
g
V
E
C
*
1
c
m
3
V
E
C
1.188
g
V
E
C
=
0.397
c
m
3
V
E
C
D
F
E
A
v
o
l
V
E
C
v
o
l
=
0.61
c
m
3
0397
c
m
3
=
1.54
Additional Example of how the ratio of DFEA and propylene carbonate may read on the volume ratio:
Set Parameters for example calculation (within ranges and examples of prior art):
ratio of 15:20:70 of DFEA: cyclic carbonate: propyl propionate
Cyclic carbonate comprises 400 parts per mass of ethylene carbonate per 100 parts by mass of propylene carbonate
Knowns:
Density of propylene carbonate: 1.2 g/cm3
Density of 2,2-difluoro ethyl acetate: About 1.18 g/cm3
The ratio of the parameters would result in a mass ratio of 15:4:16:70 of DFEA: propylene carbonate: ethylene carbonate: propyl propionate.
As a basis if there is 7.191 g of organic solvent,
7.191
g
O
S
*
15
p
b
m
D
F
E
A
100
p
b
m
O
S
=
1.07865
g
D
F
E
A
1.07865
g
D
F
E
A
*
1
c
m
3
D
F
E
A
1.18
g
D
F
E
A
=
0.914
c
m
3
D
F
E
A
7.191
g
O
S
*
4
p
b
m
P
C
100
p
b
m
O
S
=
0.28764
g
P
C
0.28764
g
P
C
*
1
c
m
3
P
C
1.2
g
P
C
=
0.2397
c
m
3
P
C
D
F
E
A
v
o
l
P
C
v
o
l
=
0.914
c
m
3
0.2397
c
m
3
=
3.81
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the quantity of fluorine-based organic solvent with the non-fluorine-based organic solvent of Min et al. to improve oxidation stability. Considering there are no composition differences recited thus far between the fluorine-based organic solvent and non-fluorine-based organic solvent of the instant claims and Min et al., it would be expected that the modification of parts by weight of the two types of solvent would result in meeting the claimed volume relationship between the two types of solvents in order to achieve the best oxidation stability as pointed out in Para. 39 of Min et al. and lacking anything to the contrary. This is further supported by the calculations provided showing how the volume ratio may be overlapped in a prima facie case of obviousness by the possible compositions taught by the prior art Min et al..
Regarding claim 5, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1, wherein the non-fluorine- based organic solvent includes at least one selected from the group consisting of a carbonate-based solvent, an ester-based solvent, an ether-based solvent, a ketone-based solvent, an alcohol-based solvent and an aprotic solvent (see e.g. Min et al. teaches a cyclic carbonate-based compound that helps make up the organic solvent in Para. 11).
Regarding claim 6, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1, wherein the fluorine-based organic solvent includes at least one of a monofluoro-based organic solvent and a difluoro-based organic solvent (see e.g. Min et al. teaches a 2,2-difluoro ethyl acetate, methyl flouro acetate, methyl difluoro acetate, ethyl flouro acetate, and ethyl difluoro acetate that the fluorine-substituted acetate-based compound may be selected from at least one of in that helps make up the organic solvent in Para. 11-12).
Regarding claim 7, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 6, wherein the monoflouro- based organic solvent is represented by Chemical Formula 2:
[Chemical Formula 2]
PNG
media_image1.png
54
101
media_image1.png
Greyscale
wherein, in Chemical Formula 2, Ri is a substituted or unsubstituted C1-C6 alkyl group, a substituted or unsubstituted C6-C12 aryl group, a substituted or unsubstituted C5-C12 cycloalkyl group, a substituted or unsubstituted C5-C12 cycloalkenyl group, a substituted or unsubstituted 5 to 7 membered heterocycloalkyl group, or a substituted or unsubstituted 5 to 7 membered heterocycloalkenyl group (see e.g. Min et al. teaches a 5 membered cyclic carbon and oxygen ring formed of single bonds, a heterocycloalkyl, in which one of the carbons is substituted with oxygen by the fluoroethylene carbonate in Para. 44).
Regarding claim 8, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 6, wherein the difluoro-based organic solvent is represented by Chemical Formula 3:
[Chemical Formula 3]
PNG
media_image2.png
74
157
media_image2.png
Greyscale
wherein, in Chemical Formula 3, R2 is a hydrocarbon containing a substituted or unsubstituted C1-C6 alkyl group or a substituted or unsubstituted C6-C12 aryl group, and R3 is a hydrocarbon including a substituted or unsubstituted C1-C6 alkyl group or a substituted or unsubstituted C2-C6 alkenyl group (See e.g. Min et al. teaches 2,2 diflouro ethyl acetate in Para. 12 which maps to in which R2 is unsubstituted C1 alkyl and R3 is an unsubstituted C1 alkyl).
Regarding claim 9, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1, wherein the additive includes a boron-based compound (See e.g. Min et al. teaches lithium difluoro (oxalato) borate (LiODFB) as possible additives in Para. 18).
Regarding claim 10, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 9, wherein the boron-based compound includes at least one of lithium bis(oxalate) borate (LiBOB), tris(trimethylsilyl) borate (TMSB) and lithium difluoro(oxalato) borate (LiFOB) (See e.g. Min et al. teaches lithium difluoro (oxalato) borate (LiODFB) as possible additives in Para. 18).
Regarding claim 11, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1, wherein a content of the additive is in a range from 0.1 wt.% to 1.0 wt.% based on a total weight of the non- aqueous electrolyte (See e.g. Min et al. teaches the additive may be 0.1 part by weight to 20 parts by weight based on 100 parts by weight of the electrolyte for a secondary battery in Para. 18. This overlaps the claimed range in a manner which provides a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 12, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1, wherein the non-aqueous electrolyte further comprises an auxiliary additive including an alkyl sultone-based compound and an alkenyl sultone-based compound (See e.g. Min et al. teaches a propane sultone and the propene sultone respectively may be additives in Para. 44 that make up a cyclic organic compound containing a sulfonic acid and single bonds between the carbons and a cyclic organic compound containing a sulfonic acid and a carbon-carbon double bond).
Regarding claim 13, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 12, wherein a content of the auxiliary additive is in a range from 0.5 wt.% to 1.5 wt.% based on a total weight of the non-aqueous electrolyte by the additive (See e.g. Min et al. teaches this as it is understood that the auxiliary additive may include an alkyl and/or alkenyl sultone-based compound, of which may be 0.1 part by weight to 20 parts by weight based on 100 parts by weight of the electrolyte for a secondary battery in Para. 18. The cumulative range of the of the additive options of 0.1 part by weight to 20 parts by weight based on 100 parts by weight of the electrolyte for a secondary battery of Min et al. leads to each and every option, including the sultone-based options, to be able to be 0.1 part by weight to 20 parts by weight based on 100 parts by weight of the electrolyte for a secondary battery. This overlaps the claimed range in a manner which provides a prima facie case of obviousness (see MPEP 2144.05)).
Regarding claim 14, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1, wherein the lithium salt includes at least one of lithium tetrafluoroborate (LiBF4), lithium hexafluorophosphate (LiPF6), and lithium difluorophosphate (LiPO2F2) (see e.g. Min et al. teaches Li+ as the cation and BF4- or PF6- as the anion in Para. 32).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Min et al. (KR 10-2019-0131721 A) as applied to claim 1 above and further in view of Kim et al. (US 2019/0393479 A1) or in the alternative unpatentable over Min et al. (KR 10-2019-0131721 A) in view of Kim et al. (US 2019/0393479 A1) as applied to claim 1 above.
Regarding claim 2, Min et al. or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1.
Min et al. fails to explicitly teach wherein the cathode active material further comprises second cathode active material particles, each of which has a secondary particle shape, and a content of the first cathode active material particles based on a total weight of the cathode active material is in a range from 10 wt.% to 40 wt.%.
However, Kim et al. teaches a lithium secondary battery comprises a cathode formed from a cathode active material including a first cathode active material particle and a second cathode active material particle, in Para. 73-74 in which the first cathode active material particle is formed of a plurality of primary particles and the second cathode active material particle is formed of a plurality a single particle structure in the abstract and Para. 10. Kim et al. teaches a blend of a first cathode active material particle, and a second cathode active material particle may be used as a cathode active material. The first cathode active material particle may include a concentration gradient and may have a secondary particle structure which may be formed from an aggregation of primary particles. The second cathode active material particle may have a single particle structure or a single crystalline structure. For example, high capacity and high power of the lithium secondary battery may be obtained from the first cathode active material particle, and penetration stability and thermal stability of the lithium secondary battery may be obtained from the second cathode active material in Para. 28. Kim et al. teaches the first cathode active material particles, and the second cathode active material particles may be each prepared and blended to obtain the cathode active material. A mixing weight ratio of the first cathode active material particle and the second cathode active material particle may be from about 6:4 to about 1:9, preferably from about 5:5 to about 1:9. Within this range, improvement of thermal stability and lifespan and prevention of ignition due to penetration may be easily implemented by the second cathode active material particles in Para. 91.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the positive active material of Min et al. or in the alternative Min et al. in view of Kim et al. to have the first cathode active material particle formed of a plurality of primary particles and the second cathode active material particle formed of a single particle structure, as taught by Kim et al., to have high capacity and power and penetration and thermal stability as noted in Para. 28 of Kim et al. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the weight ratio between the two active material particles to improve thermal stability and lifespan as noted in Para. 91 of Kim et al.
Regarding claim 3, Min et al. teaches or in the alternative Min et al. in view of Kim et al. teaches the lithium secondary battery of claim 1.
Min et al. teaches the active material having a structure of a lithium-transition metal composite oxide particle represented by Chemical Formula 1:
LiaNixM1-xO2+y
Wherein, in Chemical Formula 1. 0.9 ≤ a ≤ 1.2, 0.5 ≤ x ≤ 0.99, -0.1 ≤ y ≤ 0.1, and M includes at least one element selected from Na, Mg, Ca, Y, Ti, Hf, V, Nb, Ta, Cr, Mo ,W, Mn, Co, Fe, Cu, Ag, Zn, B, Al, Ga, C, Si, Sn, Ba and Zr (see e.g. Min et al. teaches a positive active material of lithium-nickel-manganese oxide by LiNi1-Y1MnY1O2 (here, 0 < Y1 < 1) in Para. 77. When Y1 is between 0.01 and 0.5, it meets the claim limitation of a lithium-transition metal composite oxide particle represented by Chemical Formula 1:
LiaNixM1-xO2+y, Wherein, in Chemical Formula a = 1, 0.5 ≤ x ≤ 0.99, y = 0, and M is Mn. This overlaps the claimed range in a manner which provides a prima facie case of obviousness (see MPEP 2144.05)).
However, Min et al. fails to explicitly teach the first cathode active material particles, or the second cathode active material particles have a structure of a lithium-transition metal composite oxide particle represented by Chemical Formula 1:
LiaNixM1-xO2+y
Wherein, in Chemical Formula 1. 0.9 ≤ a ≤ 1.2, 0.5 ≤ x ≤ 0.99, -0.1 ≤ y ≤ 0.1, and M includes at least one element selected from Na, Mg, Ca, Y, Ti, Hf, V, Nb, Ta, Cr, Mo ,W, Mn, Co, Fe, Cu, Ag, Zn, B, Al, Ga, C, Si, Sn, Ba and Zr
Kim et al. teaches a lithium secondary battery comprises a cathode formed from a cathode active material including a first cathode active material particle and a second cathode active material particle, in Para. 72-74 in which the first cathode active material particle is formed of a plurality of primary particles and the second cathode active material particle is formed of a plurality a single particle structure in the abstract and Para. 10. Kim et al. teaches a blend of a first cathode active material particle, and a second cathode active material particle may be used as a cathode active material. The first cathode active material particle may include a concentration gradient and may have a secondary particle structure which may be formed from an aggregation of primary particles. The second cathode active material particle may have a single particle structure or a single crystalline structure. For example, high capacity and high power of the lithium secondary battery may be obtained from the first cathode active material particle, and penetration stability and thermal stability of the lithium secondary battery may be obtained from the second cathode active material in Para. 28. Kim et al. teaches the first and second cathode active materials may be a lithium metal oxide in Para. 41 and 77.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the lithium nickel composite oxide positive active material of Min et al. to have a first cathode active material particle formed of a plurality of primary particles and a second cathode active material particle formed of a single particle structure, as taught by Kim et al., to have high capacity and power and penetration and thermal stability as noted in Para. 28 of Kim et al..
Response to Arguments
Applicant argues from paragraph 1 of page 10 to paragraph 1 of page 11 of Applicant’s Arguments/Remarks Min et al. neither discloses nor teaches a volume ratio of the fluorine-based organic solvent relative to the non-fluorine-based organic solvent may be in a range from 1.5 to 9. Min et al. instead teaches the content of the fluorinated acetate compound between 5-15 parts by weight per 100 parts by weight of the organic solvent which is quantitatively and conceptually different and is taught therefore at a minor additive level. Additionally, the objective of Min et al. in Para. 39 is to “improve oxidative stability while maintaining a certain level of wettability” which corresponds to the context of small amounts of fluorinate solvent as an auxiliary component, not a greater amount by volume to the non-fluorinated solvent as claimed.
The examiner respectfully disagrees.
The examiner notes that the fluorine-based organic solvent and non-fluorine based organic solvent, particularly the ones used as examples, have similar known densities. Not only does modifying a mass ratio directly result in modifying a volume ratio (density = mass / volume), because the densities are similar, the mass ratio may be more easily compared and related back to the volume ratio. Additionally, it is important to note the claim is currently written so that the ratio is not necessarily the cumulative ratio of fluorine-based organic solvents to a non-fluorine-based organic solvents of the composition, the claim just requires at least one of the non-fluorine-based organic solvents of the electrolyte in the volume ratio in order for the claim to be met by the prior art. The calculations in the non-final rejection of claim 1 provide further support by how the possible compositions taught by Min et al. may overlap with the claimed volume range in numerous ways. Not only may the propylene carbonate of the organic solvent of Min et al. result in an overlapping range, but some of the materials of the additive of Min et al. are non-fluorine-based organic solvents that may also read on the claim and result in an overlapping range. Finally, the benefits or motivation of the prior art need not been the same benefits as argued by applicant. See MPEP 716.
For the reasons stated above, applicant’s argument is not found persuasive.
Applicant argues from paragraph 2 of page 11 to paragraph 1 of page 12 of Applicant’s Arguments/Remarks that Kim does not cure the above deficiencies of Min and does not disclose the use of a fluorinated organic solvent and therefore one of ordinary skill in the art could not have easily derived the specific volume ratio recited in the amended claim 1 from Min and Kim:
The examiner respectfully disagrees that one of ordinary skill in the art could not have easily derived the specific volume ration recited in the amended claim 1 from Min and Kim. The examiner cites the same reasons discussed above. The examiner does agree that considering Kim doesn’t teach a fluorinated organic solvent, it wouldn’t read or be obvious to have the claimed volume ratio, however Kim wasn’t relied upon in the rejection to teach this limitation. For the reasons stated above, applicant’s argument is not found persuasive.
Applicant argues from paragraph 2 of page 12 to paragraph 1 of page 13 of Applicant’s Arguments/Remarks as seen in Examples 5 and 6 of the present application, when the volume ratio of the fluorinated organic solvent to the non-fluorinated organic solvent falls outside the range of 1.5 to 9, the capacity retention deteriorated or the lifetime and storage characteristics at high temperature were degraded compared to other examples. When the range is met, there is stable capacity retention and improved high-temperature lifetime/storage characteristics and this established criticality to the claimed range and is functionally significant:
The examiner respectfully disagrees. Currently, the evidence is not commensurate in scope with the claim. For example, the Example is a narrower embodiment than the claimed invention. As currently written, the claims claim any possible non-fluorinated solvent and any possible fluorinated solvent which is far broader than the solvents in the examples of the instant specification. Additionally, the results applicant argues are significant and unexpected have the same capacity retention or 1-2% less from some of the examples (example 3, 7, 9 in Table 3) within the argued range. Therefore, it’s unclear how these results are significant as they are either negligible or so similar, they may be construed as error. The gas generation of example 5 is actually one of the lowest. It is up to applicant to clearly provide evidence alongside arguments as to why results are significant and/or unexpected, not just state “unexpected results.” Finally, just because the prior art teaches a different benefit than the benefit argued for the claimed invention, the evidence does not suggest, considering the evidence of example 5 and 6 discussed above, the benefit argued by applicant to be of any greater significance than the known benefit. See MPEP 716. For the reasons stated above, applicant’s argument is not found persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2020/0185714 teaches multiple active material particle shapes. This was cited in the IDS filed 11/26/2024. This was cited in the non-final rejection filed 9/17/2025.
US 2010/0161704 teaches a fluorinated solvent. This was cited in the IDS filed 11/26/2024. This was cited in the non-final rejection filed 9/17/2025.
US 2021/0066743 A1 teaches varying particle shapes of a lithium transition metal oxide positive active material. This was cited in the non-final rejection filed 9/17/2025.
US 2019/0089003 A1 teaches volume ratios of fluorine and non-fluorine containing compounds in electrolyte solvents.
US 2014/0227611 A1 teaches volume ratios of fluorine and non-fluorine containing compounds in electrolyte solvents.
US 2011/0165474 A1 teaches volume ratios of fluorine-containing and non-fluorine-containing compounds in electrolytes.
US 2005/0031963 A1 teaches volume ratios of fluorine-containing and non-fluorine-containing compounds in electrolytes.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J METZGER whose telephone number is (571)272-0170. The examiner can normally be reached Monday - Thursday (1st week) or Monday - Friday (2nd week) 7:30am-5:00am - 9-day biweekly schedule.
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/KATHERINE J METZGER/Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723