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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 21st, 2026 has been entered.
Claim Status
Applicant’s arguments and claim amendments submitted on May 21st, 2026 have been entered into the file.
Currently claims 1 and 10 are amended, claims 3-5 and 12 are cancelled, resulting in claims 1-2, 6-11, 13-15 pending for examination.
Response to Amendment
The arguments and amendments filed May 21st, 2026 have been received.
Applicant’s cancellation of claim 12 has rendered the 35 USC § 112(b) rejection of claim 12 set forth in the Final Office Action mailed February 24th, 2026 moot.
Applicant’s amendments with respect to claims 1 and 10 has overcome the 35 § U.S.C. 112(b) rejection of claims 10-12 set forth in the Final Rejection mailed February 24th, 2026.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 6, the instant claim recites:
“the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is smaller than the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer.”
However, the independent claim 1 onto which claim 6 depends, recites:
“a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer, the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is 1/9 to 1/2, and the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer is 1/2 to 1”
Therefore, claim 1 establishes that the first cathode active material layer mixing weight ratio (second cathode active material particles: first cathode active material particles) is 1/9 to 1/2, which is a smaller range than the second cathode active material layer mixing weight ratio (second cathode active material particles: first cathode active material particles) which is 1/2 to 1.
The limitation of the instant claim 6 claims that the first cathode active material layer mixing weight ratio is smaller than the second cathode active material layer mixing weight ratio. According to the ranges disclosed above, the only way for this limitation to not be met already by the independent claim 1 is when the first cathode active material layer mixing weight ratio is equal to the second cathode active material layer mixing weight ratio (both ratios equal ½). However, claim 1 requires that the ratios are different in the recitation of “a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer.”
Therefore, the limitations of the instant claim 1 necessarily result in “the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is smaller than the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer,” as recited in claim 6. Thus, it is unclear to the Examiner how the limitations of claim 6 further limit the scope of claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claim 1-2, 6-9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ohsawa (U.S. Patent Publication No. 20230223520 A1) further in view of Yue (W.O. 2021189455 A1) (machine translation relied upon).
Regarding claim 1, Ohsawa teaches a cathode for a lithium secondary battery (Paragraph 0068) comprising: a cathode current collector; and a cathode active material layer (Paragraph 0008) (Figures 1-2; Element 2).
Ohsawa teaches the cathode active material layer comprising a first layer (Figure 2, Element 21) and a second layer (Figure 2, Element 22) (Paragraph 0030).
Ohsawa teaches the second layer (Figures 1-2, Element 22) on the positive electrode current collector (Figure 1, Element 1) at a second surface S2. Therefore, the second layer of Ohsawa is considered to meet the claim limitations of the first cathode active material layer of the instant claim and the first layer of Ohsawa is considered to meet the claim limitations of the second cathode active material layer. The naming conventions are further illustrated in the annotated figure below for clarity.
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Annotated Figures 1 and 2 of Ohsawa
The instant claim limitation recites the layers are “sequentially laminated” on the current collector, which is interpreted by the Examiner to mean the first and second cathode active material layers are put down a sequence. The claimed limitation does not specify the order in which the lamination occurs (if the first layer is laminated on the second layer or if the second layer is laminated on the first layer), therefore the first and second cathode active material of Ohsawa are considered sequentially laminated on the cathode current collector (Paragraph 0075), meeting the instant claimed limitation.
Ohsawa teaches the second (first) layer containing a single crystal electrode active material (Paragraph 0040), but that the second layer may also contain a polycrystalline electrode active material (Paragraph 0042). Ohsawa teaches the first (second) layer containing a polycrystalline electrode active material layer (Paragraph 0048), but that the first layer may also contain a single crystal electrode active material (Paragraph 0050). Thus, Ohsawa teaches the first cathode active material layer and the second cathode active material layer include first cathode active material particles (polycrystalline particles) and second cathode active material particles (single crystal particles).
Further, Ohsawa exemplified the inclusion of first cathode active material particles and second cathode active material particles in both layers of the cathode active material layer through Example 4, where the single-crystal cathode active material (second cathode active material particle) and polycrystalline cathode active material (first cathode active material particle) are added to both the slurry for the first layer and the slurry for the second layer (Paragraph 0079-0080).
As mentioned above, Ohsawa teaches a single crystal electrode active material and a polycrystalline electrode active material, meeting the instant claimed limitation of the first and second cathode active material particles having different particle structures in crystallography or morphology.
The instant disclosure provides a “secondary particle” example as a form in which 10 or more, 30 or more, 50 or more, or 100 or more primary particles are aggregated therein (Paragraph 0050) while a single particle may mean a monolith formed of one particle regardless of the number of particle crystals and does not exclude a form in which 10 or less of the fine particles are included inside the particle (Paragraph 0051). Therefore, consistent with the specification, the Examiner’s interprets secondary particle structure as a form in which 10 or more primary particles are aggregated therein and single particle structure as a form in which less than 10 fine particles are included
Ohsawa teaches the second cathode active material (single crystal particle) includes a material in which a relatively small number (10 or less, or 5 or less) of single crystals are bonded. Ohsawa teaches the first cathode active material (polycrystalline particles) is a material in which a large number of single crystals (20 or more, 100 or more) are bonded together randomly without regularity (Paragraph 0034).
Thus, consistent with the interpretation set forth above, the first cathode active material of Ohsawa is considered a secondary particle structure in which a plurality of primary particles are integrally aggregated and the second cathode active material of Ohsawa is considered of the single particles structure, meeting the instant claimed limitations.
Ohsawa teaches it is preferable that the weight ratio of the second cathode active material particles (single crystal) in the electrode active material layer gradually decreases from the second cathode active material layer to the first cathode active material layer (from the first surface S1 toward the second surface S2 of the electrode active material layer) (Paragraph 0057). More particularly, when the weight of all the second cathode active material particles contained in the electrode active material layer is 100 parts by weight, the weight of the second cathode active material particles material contained in the second (first) layer is X parts by weight, the weight of the second cathode active material particles contained in the intermediate layer is Y parts by weight, and the second cathode active material particles contained in the first (second) layer is Z parts by weight, X, Y, and Z preferably satisfy X>Y≥Z, Y>Z (Paragraph 0057).
Therefore, Ohsawa teaches the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer, meeting the instant claimed limitations. Further. Ohsawa teaches the different ratios of second cathode active material particles to first cathode active material particles in the first layer and the second layer, with a greater quantity of second cathode active material particles (and thus a higher mixing weight ratio of the second cathode active material particles to the first cathode active material particles) contained in the second layer than in the first layer.
Ohsawa teaches the second cathode active material particles (single crystal electrode active material) is a lithium transition metal composite oxide, and provides Li(Ni, Co, Mn)O2 as an exemplary example (Paragraphs 0035-0036). Therefore, Ohsawa teaches the second cathode active material particles including a lithium-nickel composite metal oxide including nickel, cobalt, and manganese, meeting the instant claims limitations.
Ohsawa teaches the first cathode active material particles (polycrystalline electrode active material) is a lithium transition metal composite oxide while preferably containing at least one of Ni, Co, and Mn the transition metal (Paragraph 0037). Ohsawa further provides that when the second cathode active material particles contain Li, Ni, Co, Mn, and O as constituent elements, it is preferable that the first cathode active material particles also contain Li, Ni, Co, Mn, and O as constituent elements (Paragraph 0038). Therefore, Ohsawa teaches the first cathode active material particles including a lithium-nickel composite metal oxide including nickel, cobalt, and manganese, meeting the instant claimed limitations.
Ohsawa teaches that some of the transition metals, such as nickel as discussed above, may be substituted with metals/metalloids belonging to Groups 13 to 17 of the Periodic Table, such as aluminum (Paragraph 0035). The ordinary artisan would recognize that by substituting metals/metalloids belonging to Groups 13 to 17 of the Periodic Table for a transition metal such as nickel in the composition formula for the lithium-nickel composite metal oxide of Ohsawa would result in a decreased molar ratio of nickel among metal elements except for lithium in the composition. This modification is a combination of prior art elements that a person of ordinary skill would perform with no inventive effort required. Furthermore, the resulting lithium-nickel composite metal oxide would yield predictable results as a cathode active material particle.
It would be further obvious to one of ordinary skill in the art to substitute nickel in the lithium-nickel composite metal oxide of the second cathode active material particles with metals/metalloids belonging to Groups 13 to 17 of the Periodic Table such as aluminum such that the molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the second cathode active material particles is smaller than a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the first cathode active material particles, as there are only three suitable options for the relationship between the ratio of nickel to the other non-lithium metal elements in the lithium-nickel composite metal oxide of the second cathode active material particles to that of the first cathode active material particles: greater than, less than, or equal to.
Ohsawa does not explicitly teach the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is 1/9 to 1/2, and the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer is 1/2 to 1.
However, Yue discloses an electrochemical device comprising a positive electrode current collector and a positive electrode active material layer including particles A and B (Paragraph 2), which have different morphology (circularity and cross-sectional area) (Paragraph 13) and crystallography (the particles A are polycrystalline particles…the particles B are single crystal-like particles) (Paragraph 4). Yue teaches that by simultaneously using particles A and B in the positive electrode active material layer, particle breakage, side reactions, and oxygen release during charging/discharging is reduced (Paragraph 13).
Yue teaches the electrochemical performance of the electrochemical device can be optimized by controlling the addition ratio of particles A and B (Paragraph 5). Yue teaches the additional of B particles can improve electrochemical performance by serving as a buffer between adjacent A particles, thereby reducing their collision and fragmentation and inhibiting side reactions involving these particles (Paragraph 6). Yue teaches the particle A having larger circularity and cross sectional area which lower resistivity and inhibits production of gas under high temperature storage conditions in order to improve cycle stability (Paragraph 7).
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 first and second cathode active material particles of Ohsawa to incorporate the teachings of Yue in which the addition ratio of the first and second cathode active material particles are controlled. Doing so would advantageously result in reduced particle breakage, side reactions, and oxygen release during charging/discharging, as recognized by Yue.
Further absent unexpected results, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the ratio of the single crystal active material particles (second cathode active material particles) to the polycrystalline active material particles (first cathode active material particles) to be within the claimed ranges of the instant claim in order to control the electrochemical performance of the battery as required by the implementation. For example, the ordinary artisan would recognize that controlling the ratio of the second cathode active material particles to the first cathode active material particles in each layer is a way to buffer the particles during collision while controlling resistance, gas production, and cycle stability of the electrochemical device.
To summarize, Ohsawa teaches it is desirable to include a quantity of first cathode active material particles and second cathode active material particles in the first cathode layer so that the ratio of first cathode active material particles to second cathode active material particles is different than that of the second layer. Yue teaches the advantage of the each of the two particle groups, thus the ordinary artisan would tune the ratio of the second cathode active material particles to the first cathode active material particles in each layer in order to strike a balance between 1) buffering the polycrystalline particles during collision in order to reduce side reactions and 2) inhibiting gas generation during high temperature storage in order to lower resistivity and improve cycle stability.
Regarding claim 2, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1, wherein as discussed above the first cathode active material particle has a polycrystalline structure, and the second cathode active material particle has a single crystal structure (Paragraphs 0008, 0041-0042, 0048-0050) .
Regarding claim 6, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1.
As discussed above in the rejection of claim 6 under 35 U.S.C. 112(d), if modified Oshawa teaches the claimed limitations of claim 1 as discussed above:
“a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer,
the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is 1/9 to 1/2, and the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer is 1/2 to 1”
then, Ohsawa necessarily teaches the instant claimed limitations of the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is smaller than the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer, meeting the instant claimed limitations.
Regarding claim 7, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1, wherein the cathode active material layer further comprises at least one additional cathode active material layer (intermediate layer) laminated between the first cathode active material layer and the second cathode active material layer (Paragraph 0056). Ohsawa teaches an embodiment (iii) wherein the intermediate cathode active material layer includes the first cathode active material particles (polycrystalline electrode active material particles) and the second cathode active material particles (single crystal electrode active material particles).
Regarding claim 8, Ohsawa teaches the cathode for a lithium secondary battery according to claim 7.
Ohsawa teaches it is preferable that the weight ratio of the second cathode active material particles (single crystal) in the electrode active material layer gradually decreases from the second cathode active material layer to the first cathode active material layer (from the first surface S1 toward the second surface S2 of the electrode active material layer) (Paragraph 0057). More particularly, when the weight of all the second cathode active material particles contained in the electrode active material layer is 100 parts by weight, the weight of the second cathode active material particles material contained in the second (first) layer is X parts by weight, the weight of the second cathode active material particles contained in the intermediate layer is Y parts by weight, and the second cathode active material particles contained in the first (second) layer is Z parts by weight, X, Y, and Z preferably satisfy X>Y≥Z, Y>Z (Paragraph 0057).
Therefore, as the weight of the second cathode active material particles in the intermediate layer Y is less than the weight of the second cathode active material particles in the second layer X but is greater than the weight of the second cathode active material particles in the first layer Z, it follows that the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the intermediate layer is less than the ratio in the second layer but greater than the ratio in the first layer. Thus, Ohsawa teaches a mixing weight ratio of the of at least one layer included in the additional cathode active material layer is different from each of the mixing weight ratios thereof in the first cathode active material layer and the second cathode active material layer, meeting the instant claimed limitations.
Regarding claim 9, Ohsawa teaches the cathode for a lithium secondary battery according to claim 7. Ohsawa teaches the electrode active material layer having one layer, two layers, or more intermediate layers comprising electrode active material between the first layer and the second layer (Paragraph 0056), meeting the instant claimed limitation of the additional cathode active material layers is 1 to 3.
Regarding claim 15, Ohsawa teaches a lithium secondary battery (Paragraph 0068) comprising: a cathode for a lithium secondary battery according to claim 1 (Paragraph 0063); and an anode disposed to face the cathode (Paragraph 0064).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ohsawa in view of Yue as applied to claims 1-2, 6-9 and 15 above, further in view of Kang (Korean Patent Publication No. 20220010999 A).
Regarding claim 10, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1.
Ohsawa is silent as to a molar ratio of nickel among metal elements except for lithium in the first cathode active material particles is 0.8 or more.
However, Kang discloses a lithium secondary battery including a lithium metal oxide-based positive active material (Paragraph 0001). Kang teaches the first positive electrode active material layer and the second positive electrode active material layer each include first positive electrode active material particles and second positive electrode active material particles having different compositions or crystal structures (Paragraph 0012). Kang teaches an embodiment in which the first positive electrode active material particles have a secondary particle structure in which primary particles are aggregated (Paragraph 0016). Kang teaches the second positive electrode active material particles having a single crystal structure, which is a single particle structure (Paragraph 0012). Thus, the teachings regarding the structure of the electrode active material particles of Kang overlap with those of the instant disclosure and Ohsawa.
Kang teaches the first positive electrode active material particles including a lithium metal oxide containing nickel and other transition metals, preferably cobalt and manganese (Paragraphs 0051-0057). Thus, Kang teaches a structure and composition of the positive electrode and its active material layers which overlaps with that of Ohsawa and the instant disclosure. Kang teaches that the first positive electrode active material particles may contain nickel and the content of nickel with respect to other non-lithium metals may be 60 mol% or more (Paragraph 0017), preferably 80 mol% or more (Paragraph 0049). Kang teaches in an embodiment the concentration of the nickel : cobalt : manganese in the first positive electrode active material particles is suitably 8 : 1 : 1, thereby supplementing the conductivity and lifespan characteristics of the electrode (Paragraph 0059). Kang teaches that when the first positive active material particles employ a lithium metal oxide having a nickel content of 0.8 or more, high output and high capacity can be obtained (Paragraph 0056).
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 first positive electrode active material particles of Ohsawa to incorporate the teachings of Kang in which the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles is 0.6 or more, including providing the molar ratio at an exemplary preferred ratio of 0.8. Doing so would advantageously supplement conductivity and life characteristics while increasing capacity and output, as recognized by Kang.
The range of the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles resulting from the modification overlaps the range of the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Regarding claim 11, Ohsawa teaches the cathode for a lithium secondary battery according to claim 10.
Ohsawa is silent as to a molar ratio of nickel among metal elements except for lithium in the second cathode active material particles is 0.8 or more.
However, as discussed above, Kang discloses a lithium secondary battery including a lithium metal oxide-based positive active material (Paragraph 0001). Kang teaches the second positive electrode active material particles having a single crystal structure, which is a single particle structure (Paragraph 0012). Thus, the teachings regarding the structure of the electrode active material particles of Kang overlap with those of the instant disclosure and Ohsawa.
Kang teaches the second positive electrode active material particles including a lithium metal oxide containing nickel, cobalt, and manganese (Paragraps 0084). Thus, Kang teaches a structure and composition of the positive electrode and its active material layers which overlaps with that of Ohsawa and the instant disclosure. Kang teaches that the second positive electrode active material particles may contain nickel and the content of nickel in the second positive active material particles may be fixed to be smaller than the concentration of nickel in the first positive electrode active material particles (Paragraph 0085).
Kang teaches in some embodiments, a molar ratio of nickel with respect to other non-lithium metals may be 50 mol% or more, preferably 60 mol% or more (Paragraph 0086). Kang teaches that when the second positive active material particles employ a lithium metal oxide having a nickel content in the aforementioned range, sufficient thermal and penetration stability can be ensured without excessively lowering the capacity/output of the entire positive electrode (Paragraph 0086).
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 second positive electrode active material particles of Ohsawa to incorporate the teachings of Kang in which the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles is less than that of the first cathode active material particles, particularly setting the ratio are 0.5 or more. Doing so would advantageously provide sufficient thermal and penetration stability can be ensured without excessively lowering the capacity/output of the entire positive electrode, as recognized by Kang.
The range of the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles resulting from the modification overlaps the range of the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ohsawa in view of Yue as applied to claims 1-2, 6-9, and 15 above, further in view of Hwang (U.S. Patent Publication No. 20080118836 A1)
Regarding claim 14, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1.
Ohsawa is silent as to the density of the cathode active material layer is 3.5 g/cc or more and 4.5 g/cc or less.
However, Hwang discloses a positive electrode for a rechargeable lithium battery (Paragraph 0011) including a current collector and a positive active material layer disposed on the current collector capable of intercalating and de-intercalating lithium ions (Paragraph 0012). Hwang teaches the active mass density is from 3.5 to 4.3 g/cc. Hwang teaches that the higher the density of the electrode, the better the battery capacity could the cycle-life characteristics deteriorate as the density increases. Therefore, Hwang teaches by adjusting compressing pressure, temperature, and frequency, the positive electrode may have a suitable density within the range discloses above (Paragraph 0103).
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 positive electrode active material layer of Ohsawa to incorporate the teachings of Hwang in which the density of the cathode active material layer is from 3.5 to 4.3 g/cc. Doing so would advantageously result in higher battery capacity without the deterioration of cycle-life characteristics, as recognized by Hwang. The result of the modification of Ohsawa by Hwang is a range of density of the cathode active material layer which lies within that of the instant range, meeting the claimed limitations.
Claims 1 and 10-11 are alternately rejected under 35 U.S.C. 103 as being unpatentable over Ohsawa in view of Yue as applied to claims 1-2, 6-9, and 15 above, further in view of Kim (Korean Patent Publication No. 20200043612 A) and Kang.
Regarding claim 1, as discussed above, modified Ohsawa teaches a cathode for a lithium secondary battery comprising: a cathode current collector; and a cathode active material layer comprising a first cathode active material layer and a second cathode active material layer, which are sequentially laminated on the cathode current collector, wherein the first cathode active material layer and the second cathode active material layer include first cathode active material particles and second cathode active material particles, which have different particle structures from each other in crystallography or morphology, a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer, and the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is 1/9 to 1/2, and the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer is 1/2 to 1, the first cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese, and the second cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese.
As discussed above, the instant disclosure provides a “secondary particle” example as a form in which 10 or more, 30 or more, 50 or more, or 100 or more primary particles are aggregated therein (Paragraph 0050) while a single particle may mean a monolith formed of one particle regardless of the number of particle crystals (Paragraph 0051). Therefore, consistent with the specification, the Examiner’s takes an additional interpretation of claim 1 in the rejection of claim 1 and interprets secondary particle structure as a form in which 10 or more primary particle are aggregated therein and single particle structure as a form which comprises a single monolith.
Kim discloses a lithium secondary battery including a positive electrode current collector and a positive electrode including a first positive electrode active material layer and a second positive electrode active material layer. Kim teaches the first positive electrode active material layer and the second positive electrode active material layer each include first positive electrode active material particles and second positive electrode active material particles having different compositions or crystal structures (Paragraph 0009).
Kim teaches an embodiment in which the first positive electrode active material particles have a secondary particle structure in which primary particles are aggregated (Paragraph 0010). Consistent with the interpretation provided above, the secondary cathode active material particles of Kim are considered to meet the limitations of the instant claim. Kim teaches the that the secondary particle structure comprising aggregated primary particles of the first positive electrode active material enables the ion transport between individual primary particles to be promoted, thereby improving discharge rate and capacity preservation (Paragraph 0111).
Kim teaches the second positive electrode active material particles having a single crystal structure, which is a single particle structure (Paragraph 0083). Consistent with the interpretation provided above, the single particle structure cathode active material particles of Kim are considered to meet the limitations of the instant claim. Kim teaches that the single crystal structure of the second positive electrode active material particles enable crack propagation to be suppressed when a foreign object penetrates the battery, thereby blocking rapid thermal energy propagation (Paragraph 0110).
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 first cathode active material particles and the second cathode active material particles of Ohsawa to incorporate the teachings of Kim in which they are a plurality of primary particles are integrally aggregated and a single particle structure, respectively. Doing so would advantageously result in improved discharge rate and capacity preservation as well as suppression of crack propagation, as recognized by Kim.
In the event that Ohsawa is found not to teach the claimed limitation: “a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the second cathode active material particles is smaller than a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the first cathode active material particles”, an alternate rejection is presented below in view of Kang.
As discussed above, Kang discloses a lithium secondary battery including a lithium metal oxide-based positive active material (Paragraph 0001). Kang teaches the first positive electrode active material layer and the second positive electrode active material layer each include first positive electrode active material particles and second positive electrode active material particles having different compositions or crystal structures (Paragraph 0012). Kang teaches an embodiment in which the first positive electrode active material particles have a secondary particle structure in which primary particles are aggregated (Paragraph 0016). Kang teaches the second positive electrode active material particles having a single crystal structure, which is a single particle structure (Paragraph 0012). Thus, the teachings regarding the structure of the electrode active material particles of Kang overlap with those of the instant disclosure and Ohsawa.
Kang teaches the first positive electrode active material particles including a lithium metal oxide containing nickel and other transition metals, preferably cobalt and manganese (Paragraphs 0051-0057). Thus, Kang teaches a structure and composition of the positive electrode and its active material layers which overlaps with that of Ohsawa and the instant disclosure. Kang teaches that the first positive electrode active material particles may contain nickel and the content of nickel with respect to other non-lithium metals may be 60 mol% or more (Paragraph 0017), preferably 80 mol% or more (Paragraph 0049). Kang teaches in an embodiment the concentration of the nickel : cobalt : manganese in the first positive electrode active material particles is suitably 8 : 1 : 1, thereby supplementing the conductivity and lifespan characteristics of the electrode (Paragraph 0059). Kang teaches that when the first positive active material particles employ a lithium metal oxide having a nickel content of 0.8 or more, high output and high capacity can be obtained (Paragraph 0056).
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 first positive electrode active material particles of Ohsawa to incorporate the teachings of Kang in which the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles is 0.6 or more, including providing the molar ratio at an exemplary ratio of 0.8. Doing so would advantageously supplement conductivity and life characteristics while increasing capacity and output, as recognized by Kang.
Kang teaches the second positive electrode active material particles including a lithium metal oxide containing nickel, cobalt, and manganese (Paragraps 0084). Thus, Kang teaches a structure and composition of the positive electrode and its active material layers which overlaps with that of Ohsawa and the instant disclosure. Kang teaches that the second positive electrode active material particles may contain nickel and the content of nickel in the second positive active material particles may be fixed to be smaller than the concentration of nickel in the first positive electrode active material particles (Paragraph 0085). Further, Kang teaches an embodiment exemplified in Example 1 in which the ratio of nickel to non-lithium metal elements in the second positive active material particles is smaller than the ratio of nickel to non-lithium metal elements in the first positive electrode active material particles.
Kang teaches in some embodiments, a molar ratio of nickel with respect to other non-lithium metals may be 50 mol% or more, preferably 60 mol% or more (Paragraph 0086). Kang teaches that when the second positive active material particles employ a lithium metal oxide having a nickel content in the aforementioned range, sufficient thermal and penetration stability can be ensured without excessively lowering the capacity/output of the entire positive electrode (Paragraph 0086).
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 second positive electrode active material particles of Ohsawa to incorporate the teachings of Kang in which the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles is less than that of the first cathode active material particles, particularly setting the ratio at 0.5 or more. Doing so would advantageously provide sufficient thermal and penetration stability can be ensured without excessively lowering the capacity/output of the entire positive electrode, as recognized by Kang.
The result of the modification of Ohsawa in view of Kang, as described above, is a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the second cathode active material particles (modified to be greater than 0.5) is smaller than a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the first cathode active material particles (modified to be greater than 0.6), meeting the instant claimed limitations.
Regarding claim 10, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1.
Ohsawa is silent as to a molar ratio of nickel among metal elements except for lithium in the first cathode active material particles is 0.8 or more.
However, as discussed above, the modification of Ohsawa in view of Kang resulted in the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles being 0.6 or more, including providing the molar ratio at an exemplary ratio of 0.8, in order to supplement conductivity and life characteristics while increasing capacity and output.
The range of the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles resulting from the modification overlaps the range of the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Regarding claim 11, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1.
Ohsawa is silent as to a molar ratio of nickel among metal elements except for lithium in the second cathode active material particles is 0.8 or more.
However, as discussed above, the modification of Ohsawa in view of Kang resulted in the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles being 0.5 or more, in order to provide sufficient thermal and penetration stability without excessively lowering the capacity/output of the entire positive electrode.
The range of the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles resulting from the modification overlaps the range of the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ohsawa in view of Kim and Kang as applied to claims 1 and 10-11 above.
Regarding claim 13, Ohsawa teaches the cathode for a lithium secondary battery according to claim 1.
Ohsawa is silent as to the average particle diameter (D50) of the second cathode active material particles is smaller than an average particle diameter (D50) of the first cathode active material particles.
However, as discussed above, Kim discloses a positive electrode for a secondary battery including a cathode active material layer comprising a first cathode active material layer and a second cathode active material layer, both of which comprise first and second cathode active material particles.
Kim teaches an embodiment in which the diameter D50 of the second positive electrode active material particle is smaller than the diameter of the first positive electrode active material particle (Paragraph 0112). Kim teaches that this difference in diameter increases the packing property of the second positive electrode active material layer and suppresses the propagation of heat and cracks during penetration or rolling (Paragraph 0112).
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 average particle diameter of the second cathode active material particle of Ohsawa to incorporate the teachings of Kim in which it is smaller than the average particle diameter of the first cathode active material particles. Doing so would advantageously result in improved packing of the second active material layer and suppressed cracking, as recognized by Kim.
Claims 1-2, 6, 10, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kuramoto (U.S. Patent Publication No. 20220302444 A1) in view of Kang.
Regarding claim 1, Kuramoto teaches a cathode for a lithium secondary battery (Paragraphs 0010, 0019) comprising:
a cathode current collector (Figure 3, Element 11); and
a cathode active material layer (Figure 3, Element 12) comprising a first cathode active material layer (Figure 3, Element 2) and a second cathode active material layer (Figure 3, Element 1), which are sequentially laminated on the cathode current collector (Paragraphs 0042-0048).
Kuramoto teaches that the first (second) cathode active material layer including a first positive electrode active material (Paragraph 0060) including first aggregated particles (Figure 3, Element mc2) and single particles (Figure 3, Element sc2).
Kuramoto teaches that the second (first) cathode active material layer including a second positive electrode active material (Paragraph 0052) including second aggregated particles (Figure 3, Element mc1). Kuramoto teaches that the second cathode active material may additionally further include single particles in addition to the aggregated particles (Paragraph 0053).
Therefore, Kuramoto teaches the first cathode active material layer and the second cathode active material layer include first cathode active material particles (aggregated particles) and second cathode active material particles (single particles). Kuramoto teaches the aggregated particles are secondary particles formed by the aggregation of primary particles (Paragraphs 0055 and 0061) and the single particles are single-crystal particles (Paragraph 0063). Therefore, Kuramoto teaches the instant claimed limitations of first cathode active material particles and second cathode active material particles having different particle structures from each other in crystallography or morphology, the first cathode active material particle has a secondary particle structure in which a plurality of primary particles are integrally aggregated, and the second cathode active material particle has a single particle structure.
These teachings and designations of Kuramoto as they related to the instant claimed limitations are provided below for additional clarity:
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Annotated Figure 3 of Kuramoto
Kuramoto teaches that the mixing ratio of the aggregated particles and the single particles in the first cathode active material layer may suitably be 9:1 to 7:3 in an embodiment (Paragraph 0061). Therefore, Kuramoto teaches the mixing weight ratio of the second cathode active material particles (single particles) to the first cathode active material particles (aggregated particles) in the first cathode active material layer is suitably 1:9 to 3:7, which overlaps the instant claimed range. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Kuramoto teaches that the second cathode active material may additionally further include single particles in addition to the aggregated particles, as discussed above, however the mass fraction of the aggregated particles in the second cathode active material is more than or equal to 50 in some embodiments (Paragraph 0053). Therefore, Kuramoto teaches the mixing weight ratio of the second cathode active material particles (single particles) to the first cathode active material particles (aggregated particles) in the second cathode active material layer is suitably 1:1, for example, which overlaps the instant claimed range. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
The disclosure of Kuramoto teaches suitable examples of ranges of mixing weight ratios of the second cathode active material particles to the first cathode active material particles in the first and second cathode active material layers (1:9 to 3:7 in the first layer and 1:1 in the second layer), as described in the rejection above. Therefore, Kuramoto is considered to teach a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weigh ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer, meeting the instant claimed limitations.
Kuramoto teaches that the aggregated particles and the single particles may have a composition such as Li(NiCoMn)O2 (Paragraph 0073). Thus, Kuramoto teaches the first cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese, and the second cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese.
Kuramoto is silent as to a molar ratio of nickel among metal elements except for lithium included in the lithium- nickel composite metal oxide of the second cathode active material particles is smaller than a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the first cathode active material particles.
However, as discussed above, Kang discloses a lithium secondary battery including a lithium metal oxide-based positive active material (Paragraph 0001). Kang teaches the first positive electrode active material layer and the second positive electrode active material layer each include first positive electrode active material particles and second positive electrode active material particles having different compositions or crystal structures (Paragraph 0012). Kang teaches an embodiment in which the first positive electrode active material particles have a secondary particle structure in which primary particles are aggregated (Paragraph 0016). Kang teaches the second positive electrode active material particles having a single crystal structure, which is a single particle structure (Paragraph 0012). Thus, the teachings regarding the structure of the electrode active material particles of Kang overlap with those of the instant disclosure and Kuramoto.
Kang teaches the first positive electrode active material particles including a lithium metal oxide containing nickel and other transition metals, preferably cobalt and manganese (Paragraphs 0051-0057). Thus, Kang teaches a structure and composition of the positive electrode and its active material layers which overlaps with that of Kuramoto and the instant disclosure. Kang teaches that the first positive electrode active material particles may contain nickel and the content of nickel with respect to other non-lithium metals may be 60 mol% or more (Paragraph 0017), preferably 80 mol% or more (Paragraph 0049). Kang teaches in an embodiment the concentration of the nickel : cobalt : manganese in the first positive electrode active material particles is suitably 8 : 1 : 1, thereby supplementing the conductivity and lifespan characteristics of the electrode (Paragraph 0059). Kang teaches that when the first positive active material particles employ a lithium metal oxide having a nickel content of 0.8 or more, high output and high capacity can be obtained (Paragraph 0056).
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 first positive electrode active material particles of Kuramoto to incorporate the teachings of Kang in which the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles is 0.6 or more, including providing the molar ratio at an exemplary ratio of 0.8. Doing so would advantageously supplement conductivity and life characteristics while increasing capacity and output, as recognized by Kang.
Kang teaches the second positive electrode active material particles including a lithium metal oxide containing nickel, cobalt, and manganese (Paragraps 0084). Thus, Kang teaches a structure and composition of the positive electrode and its active material layers which overlaps with that of Kuramoto and the instant disclosure. Kang teaches that the second positive electrode active material particles may contain nickel and the content of nickel in the second positive active material particles may be fixed to be smaller than the concentration of nickel in the first positive electrode active material particles (Paragraph 0085). Further, Kang teaches an embodiment exemplified in Example 1 in which the ratio of nickel to non-lithium metal elements in the second positive active material particles is smaller than the ratio of nickel to non-lithium metal elements in the first positive electrode active material particles.
Kang teaches in some embodiments, a molar ratio of nickel with respect to other non-lithium metals may be 50 mol% or more, preferably 60 mol% or more (Paragraph 0086). Kang teaches that when the second positive active material particles employ a lithium metal oxide having a nickel content in the aforementioned range, sufficient thermal and penetration stability can be ensured without excessively lowering the capacity/output of the entire positive electrode (Paragraph 0086).
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 second positive electrode active material particles of Kuramoto to incorporate the teachings of Kang in which the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles is less than that of the first cathode active material particles, particularly setting the ratio at 0.5 or more. Doing so would advantageously provide sufficient thermal and penetration stability can be ensured without excessively lowering the capacity/output of the entire positive electrode, as recognized by Kang.
The result of the modification of Kuramoto in view of Kang, as described above, is a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the second cathode active material particles (modified to be greater than 0.5) is smaller than a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the first cathode active material particles (modified to be greater than 0.6), meeting the instant claimed limitations.
Regarding claim 2, Kuramoto teaches the cathode for a lithium secondary battery according to claim 1, wherein as discussed above the first cathode active material particle has a polycrystalline structure, and the second cathode active material particle has a single crystal structure (Paragraphs 0053-0063) .
Regarding claim 6, Kuramoto teaches the cathode for a lithium secondary battery according to claim 1.
As discussed above in the rejection of claim 6 under 35 U.S.C. 112(d), if modified Kuramoto teaches the claimed limitations of claim 1 as discussed above:
“a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is different from a mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer,
the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is 1/9 to 1/2, and the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer is 1/2 to 1”
then, Kuramoto necessarily teaches the instant claimed limitations of the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the first cathode active material layer is smaller than the mixing weight ratio of the second cathode active material particles to the first cathode active material particles in the second cathode active material layer, meeting the instant claimed limitations.
Regarding claim 10, Kuramoto teaches the cathode for a lithium secondary battery according to claim 1.
Kuramoto is silent as to a molar ratio of nickel among metal elements except for lithium in the first cathode active material particles is 0.8 or more.
However, as discussed above, the modification of Kuramoto in view of Kang resulted in the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles being 0.6 or more, including providing the molar ratio at an exemplary ratio of 0.8, in order to supplement conductivity and life characteristics while increasing capacity and output.
The range of the molar ratio of nickel among metal elements except for lithium in the first cathode active material particles resulting from the modification overlaps the range of the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Regarding claim 11, Kuramoto teaches the cathode for a lithium secondary battery according to claim 1.
Kuramoto is silent as to a molar ratio of nickel among metal elements except for lithium in the second cathode active material particles is 0.8 or more.
However, as discussed above, the modification of Kuramoto in view of Kang resulted in the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles being 0.5 or more, in order to provide sufficient thermal and penetration stability without excessively lowering the capacity/output of the entire positive electrode.
The range of the molar ratio of nickel among metal elements except for lithium in the second cathode active material particles resulting from the modification overlaps the range of the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Regarding claim 13, Kuramoto teaches the cathode for a lithium secondary battery according to claim 1, wherein an average particle diameter (D50) of the second cathode active material particles is smaller than an average particle diameter (D50) of the first cathode active material particles (Paragraphs 0056-0057).
Regarding claim 14, Kuramoto teaches the cathode for a lithium secondary battery according to claim 1, wherein a density of the cathode active material layer is 3.5 g/cc or more and 4.5 g/cc or less (Paragraph 0044) (corresponding to 3.5 g/cm3 to 3.8 g/cm3 as taught by Kuramoto).
Regarding claim 15, Kuramoto teaches a lithium secondary battery comprising a cathode for a lithium secondary battery according to claim 1; and an anode disposed to face the cathode (Paragraphs 0035-0039).
Response to Arguments
On page 7 of the Remarks filed May 21st, 2026, applicant argues that the combined teaching of Ohsawa and Yue fail to disclose the amended limitation of “the first cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt, and manganese, and the second cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt, and manganese.”
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents the updated rejection of claim 1, including the limitations taught by Ohsawa in view of Yue and Kang, presented above.
On page 7 of the Remarks filed May 21st, 2026, applicant argues that claim 1 of Ohsawa discloses "wherein the first layer contains the single crystal electrode active material as a main component of the electrode active material, and wherein the second layer contains the polycrystalline electrode active material as a main component of the electrode active material." Applicant argues that Ohsawa teaches a configuration in which the first layer includes a single crystal active material as a main component and the second layer includes a polycrystalline active material as a main component, which is in contrast with amended claim 1.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents the teachings of Ohsawa discussed above, particularly the embodiment which describes how it is preferable that the weight ratio of the second cathode active material particles (single crystal) in the electrode active material layer gradually decreases from the second cathode active material layer to the first cathode active material layer (from the first surface S1 toward the second surface S2 of the electrode active material layer) (Paragraph 0057). Thus, Ohsawa is not limited to only the compositions of each layer in the embodiment argues by applicant, and is open to modification by Yue in which the addition ratio of the first and second cathode active material particles is controlled and optimized in order to reduce particle breakage, side reactions, and oxygen release during charging/discharging, as recognized by Yue.
On page 7 of the Remarks filed May 21st, 2026, applicant argues that the combined teaching of Ohsawa and Yue fail to disclose the amended limitation of “a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the second cathode active material particles is smaller than a molar ratio of nickel among metal elements except for lithium included in the lithium-nickel composite metal oxide of the first cathode active material particles.”
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents the updated rejection of claim 1, including the limitations taught by Ohsawa in view of Yue (and alternately, additionally in view of Kang), presented above.
On page 7 of the Remarks filed May 21st, 2026, applicant argues that Ohsawa discloses that the constituent elements constituting the single crystal electrode active material and the constituent elements constituting the polycrystalline electrode active material are preferably the same. Yue's particle A and particle B include NCM-based active materials having the same chemical composition, as reproduced below. Accordingly, Yue fails to cure the deficiencies of Ohsawa.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 424 (CCPA 1971). Further, “[A] reference disclosure must be evaluated for all that it fairly [teaches] and not only for what is indicated as preferred.” In re Bozek, 416 F.2d 1385, 1390 (CCPA 1969) and a reference is not limited to working examples (see In re Fracalossi, 215 USPQ 569 (CCPA 1982)).
As such, the disclosure of Ohsawa is not limited to the preferred embodiment in which the composition of the single crystal electrode active material and the polycrystalline active material are the same. Ohsawa teaches that the single crystal electrode active material in the present disclosure is a lithium transition metal composite oxide containing Li, M1 (M1 is one, or two or more transition-metals), and O and that the polycrystalline electrode active material in the present disclosure is a lithium transition metal composite oxide containing Li, M2 (M2 is one, or two or more transition metals), and O.
There is no requirement of Ohsawa that the transition metals comprising M1 and M2 of the single crystal and polycrystalline active materials of Ohsawa have to be the same.
On page 7 of the Remarks filed May 21st, 2026, applicant argues Kim does not disclose the first positive electrode active material layer and the first positive electrode active material layer include the same nickel containing particles. In contrast, independent claim 1 as amended recites "the first cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese, and the second cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese." Kim fails to teach or suggest this feature. Furthermore, Ohsawa and Yue fails to cure the deficiencies of Kim.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that as written, the arguments directed toward “the first positive electrode active material layer and the first positive electrode active material layer” are not clearly understood. The Examiner presumes that applicant intended to refer to “the first positive electrode active material layer and the positive electrode active material layer.” As such, applicant’s arguments will be responded to as if they are referring to Kim not disclosing the first positive electrode active material layer and the second positive electrode active material layer not including the same nickel containing particles. The Examiner presents that as written, the instant claim does not require the same nickel-containing particles, as the instant claim recites:
“the first cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese, and the second cathode active material particles include a lithium-nickel composite metal oxide including nickel, cobalt and manganese”
Further, the claim’s recitation of a different molar ratio of nickel among metal elements except for lithium in the first cathode active material particles and the second cathode active material particles further lends itself to the nickel containing particles in the first and second active material layers not being the same, as the ratio of nickel between the particles is different, as claimed.
With respect to Kim failing to teach or suggest a lithium-nickel composite metal oxide including nickel, cobalt and manganese, the Examiner presents that as described above, Kim was relied upon to teach the limitations directed toward the crystal structure of the particles and Kang was relied upon to teach the limitations directed toward the ratio of nickel to the other non-lithium metals in the compositional formula. As Ohsawa teaches the first and second cathode active material particles including a lithium-nickel composite metal oxide including nickel, cobalt and manganese, the claimed limitations were met. However, additionally, the Examiner presents that Kang teaches the positive electrode active material particles comprise a lithium-nickel composite metal oxide including nickel, cobalt and manganese (Paragraphs 0059, 0091).
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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