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
This Office Action is responsive to the Amendment filed November 25, 2025. The following rejections are reapplied in light of current amendments:
Claim(s) 1-5, 17 & 20 under 35 U.S.C. 103 as being unpatentable over CAO et al. CN 109286005A in view of Wang et al, WO 20210932685A41.
Claim(s) 6-16 & 18-19 under 35 U.S.C. 103 as being unpatentable over CAO et al. CN 109286005A in view of Wang et al, WO 20210932685A41 and further in view of Maxwell WO 2020132622.
The rejection of claims 3-5, 7-10, & 12-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is overcome. Claims 1-20 are newly rejected as necessitated by amendment as follows:
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant asserts that the amendment necessitating the cathode active material including from 50 to 100% of LVPF is supported in paragraphs [0049], [0063], [0067], [0082] and [0083] of the specification. However, the paragraphs [0049], [0063], [0067], [0082] and [0083] of the specification do not support the top end of the range. There is no disclosure or examples including 100% LVPF. Therefore, the limitation is new matter.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 17 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over CAO et al. CN 109286005A in view of Wang et al, WO 2021093265A1.
With respect to claim 1, CAO teaches a lithium-ion secondary battery (lithium battery with circulation performance; Abstract), comprising: a cathode (positive electrode; Example 1); wherein the cathode comprises a cathode active material including a lithium vanadium fluorophosphate (LVPF) represented by the following Formula(1): Li1+xV1-yMyPO4FzFormula (1), wherein, in Formula (1), 0≤x≤1; 0≤y≤0.5; 0.8≤z≤1.2; and M is one or more selected from the group consisting of Ti, Al, Mg, Mn, Fe, Co, Y, Cr, Cu, Ni, and Zr (0.95LiFePO4-0.05LiVPO4F/C; x=0, y=0, z=1; Example 1).
With respect to claim 2, the LVPF represented by the Formula (1) is Li1+xVPO4Fz (0.95LiFePO4-0.05LiVPO4F/C; x=0, y=0, z=1; Example 1). With respect to claim 3,
the cathode active material further includes a phosphate cathode active material in a mixture with the LVPF; and the phosphate cathode active material is represented by Formula(A): Li1+xM1aXbPO4 Formula (A), wherein, in Formula (A), M1 is at least one selected from the group consisting of Fe, Mn, and Co; X is at least one transition metal selected from the group consisting of Ni, V, Y, Mg, Ca, Ba, Al, Sc, and Nd; 0≤x≤0.15; a>0; b≥0; and optionally a+b=1 (0.95LiFePO4-0.05LiVPO4F/C; x=0, b=0, M1 is Fe; Example 1). With respect to claim 4, the phosphate active material is represented by one of the following Formula (A1) to (A4) or a blend thereof: Li1+xFePO4 Formula (A1), wherein, in Formula (A1), 0≤x≤0.15, Li1+xMnPO4 Formula (A2), wherein, in Formula (A2), 0≤x≤0.15, Li1+xCoPO4 Formula (A3), wherein, in Formula (A3), 0≤x≤0.15, Li1+xFeyMnzXbPO4 Formula (A4), wherein, in Formula (A4), X is at least one transition metal selected from the group consisting of Ni, V, Y, Mg, Ca, Ba, Al, Sc, and Nd; 0≤x≤0.15; y>0; z>0; b≥0; and optionally y+z+b=1 (Li1+xFePO4 Formula (A1); 0.95LiFePO4-0.05LiVPO4F/C; x=0, b=0, M1 is Fe; Example 1). With respect to claim 20, a method of making a lithium-ion secondary battery with reduced cycle capacity loss, the battery comprising a, the method comprising: selecting a phosphate-based cathode active material including at least lithium vanadium fluorophosphate (LVPF) represented by the following Formula(1): Li1+xV1-yMyPO4FzFormula (1), wherein, in Formula (1), 0≤x≤1; 0≤y≤0.5; 0.8≤z≤1.2; and M is one or more selected from the group consisting of Ti, Al, Mg, Mn, Fe, Co, Y, Cr, Cu, Ni, and Zr; (0.95LiFePO4-0.05LiVPO4F/C; x=0, y=0, z=1; Example 1).
CAO does not teach: an anode; and an electrolytic solution (claims 1 & 20); 50-100 wt% LVPF (claims 1 & 20); the electrolytic solution comprising an additive including tris(trimethylsilyl) phosphate (TTSP), and a content of the TTSP in the electrolytic solution is from greater than 0 wt% to 10 wt% when a total weight of the electrolyte solution is considered to be 100 wt% (claim 1); adding an effective amount of tris(trimethylsilyl) phosphate (TTSP) to the electrolytic solution to reduce cycle capacity loss (claim 20); a weight ratio of the LVPF to the phosphate cathode active material is r : (1-r), wherein 0<r<1(claim 3); with regard to the weight ratio (r : (1-r)) of the LVPF to the phosphate cathode active material, 0.1≤r≤0.9(claim 5); the additive further includes fluorinated ethylene carbonate (FEC) and/or vinylene carbonate (VC) in a total amount of 1 wt% to 15 wt% when a total weight of the electrolyte solution is considered to be 100 wt%, and a total amount of the TTSP, the FEC, and the VC is 2 wt% to 20 wt% (claim 17).
Wang teaches that it is well known in the art to employ an anode; and an electrolytic solution (negative electrode and electrolyte; Technical Solution; paragraph 24; claims 1 & 20); the electrolytic solution comprising an additive including tris(trimethylsilyl) phosphate (TTSP) (tris(trimethylsilyl) phosphate Technical Solution; paragraph 21; claim 1); adding an effective amount of tris(trimethylsilyl) phosphate (TTSP) to the electrolytic solution to reduce cycle capacity loss (Test one, loop experiment; claim 20); the additive further includes fluorinated ethylene carbonate (FEC) and/or vinylene carbonate (VC) (vinylene carbonate; Technical Solution; paragraph 21; claim 17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the electrolytic solution comprising an additive including tris(trimethylsilyl) phosphate (TTSP); taught by Wang, in the lithium-ion secondary battery of CAO, in order to improve cycling of the alchemical cell. With respect to a content of the TTSP in the electrolytic solution is from greater than 0 wt% to 10 wt% when a total weight of the electrolyte solution is considered to be 100 wt% (claim 1). Wang teaches the additive may be present in electrolyte at less than 3%. Technical Solution; paragraph 23. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a 50-100 wt% of LVPF (claims 1 & 20); it would have been obvious in the cathode of CAO in view of Wang, in order to increase capacity of the electrode.. CAO teaches (1-x) LiFePO4 * xLiVPO4F/C, wherein x=5-40wt% %; See the Abstract. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a weight ratio of the LVPF to the phosphate cathode active material is r : (1-r), wherein 0<r<1(claim 3); it would have been obvious in the cathode of CAO in view of Wang, in order to increase capacity of the electrode. CAO teaches 0.95LiFePO4-0.05LiVPO4F/C; x=0, b=0, M1 is Fe; Example 1. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to with regard to the weight ratio (r : (1-r)) of the LVPF to the phosphate cathode active material, 0.1≤r≤0.9(claim 5); it would have been obvious in the cathode of CAO in view of Wang, in order to increase capacity of the electrode. CAO teaches 0.95LiFePO4-0.05LiVPO4F/C; x=0, b=0, M1 is Fe; Example 1. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the additive further including fluorinated ethylene carbonate (FEC) and/or vinylene carbonate (VC) in a total amount of 1 wt% to 15 wt% when a total weight of the electrolyte solution is considered to be 100 wt%, and a total amount of the TTSP, the FEC, and the VC is 2 wt% to 20 wt%; it would have been obvious in the cathode of CAO in view of Wang in order to improve cycling of the alchemical cell. Wang teaches the additive may be present in electrolyte at less than 3%. Technical Solution; paragraph 23. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6-16 & 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CAO et al. CN 109286005A in view of Wang et al, WO 2021093265A1 and further in view of Maxwell WO 2020132622.
CAO in view of Wang teach a lithium secondary cell as described in the rejection recited hereinabove, including a lithium-ion secondary battery (lithium battery with circulation performance; Abstract), comprising: a cathode (positive electrode; Example 1); wherein the cathode comprises a cathode active material including a lithium vanadium fluorophosphate (LVPF) represented by the following Formula(1): Li1+xV1-yMyPO4FzFormula (1), wherein, in Formula (1), 0≤x≤1; 0≤y≤0.5; 0.8≤z≤1.2; and M is one or more selected from the group consisting of Ti, Al, Mg, Mn, Fe, Co, Y, Cr, Cu, Ni, and Zr (0.95LiFePO4-0.05LiVPO4F/C; x=0, y=0, z=1; Example 1).
CAO does not teach or suggest: the cathode active material further including a phosphate cathode active material in a mixture with the LVPF; a weight ratio of the LVPF to the phosphate cathode active material is r : (1-r), wherein 0<r<1; and the phosphate cathode active material is represented by Formula (A5): Li3+xV2-yMy(PO4)3 Formula (A5), wherein, in Formula (A5), 0≤x≤1; 0≤y≤0.5; 0.8≤z≤1.2; and M is one or more selected from the group consisting of Ti, Al, Mg, Mn, Fe, Co, Y, Cr, Cu, Ni, and Zr (claim 6); the cathode active material further includes a non-phosphate cathode active material in a mixture with the LVPF; wherein 0<s<1; and the non-phosphate cathode active material is represented by Formula(B), (C), (D), or a blend thereof: Li1+xNiaM2dM3eO2 Formula (B), wherein, in Formula (B), M2 is at least one selected from the group consisting of Co, Al, and Mn; M3 is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; 0≤x≤0.15; a>0; d>0; e≥0; and optionally a+d+e=1, Li1+xMn2O4 Formula (C), wherein, in Formula (C), 0≤x≤0.15, Li1+xCoO2 Formula (D), wherein, in Formula (D), 0≤x≤0.15; a weight ratio of the LVPF to the non-phosphate cathode active material is s : (1-s) (claim 7); with regard to the weight ratio (s : (1-s)) of the LVPF to the non-phosphate cathode active material, 0.1≤s≤0.9 (claim 8); with regard to the weight ratio (s : (1-s)) of the LVPF to the non-phosphate cathode active material, 0.5≤s≤0.9 (claim 9); wherein the non-phosphate cathode active material is represented by one of the following Formula (B1) to (B4) or a blend thereof: Liw(NixMnyCozMt)O2 Formula (B1), wherein, in Formula (B1), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of Al, B, Mg, Si, Ca, Ti, V, Cr, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbO2 Formula (B2), wherein, in Formula (B2), 0≤x≤0.15; a>0; b>0; and optionally a+b=1, Liw(NixCoyAlzMt)O2 Formula (B3), wherein, in Formula (B3), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbCocAldO2 Formula (B4), wherein, in Formula (B4), 0≤x≤0.15; a>0; b>0; c>0; d>0; and optionally a+b+c+d=1 (claim 10); the non-phosphate cathode active material is represented by one of LiNi0.33Mn0.33Co0.33O2 (NMC 111), LiNi0.5Mn0.3Co0.2O2 (NMC 532), LiNi0.6Mn0.2Co0.2O2 (NMC 622), or LiNi0.8Mn0.1Co0.1O2 (NMC 811) (claim 11); the cathode active material further includes a non-phosphate cathode active material in a mixture with phosphate cathode active material and the LVPF; a weight ratio of the LVPF to the non-phosphate cathode active material is s : (1-s), wherein 0<s<1; and the non-phosphate cathode active material is represented by Formula(B), (C), (D), or a blend thereof: Li1+xNiaM2dM3eO2 Formula (B), wherein, in Formula (B), M2 is at least one selected from the group consisting of Co, Al, and Mn; M3 is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; 0≤x≤0.15; a>0; d>0; e≥0; and optionally a+d+e=1, Li1+xMn2O4 Formula (C), wherein, in Formula (C), 0≤x≤0.15, Li1+xCoO2 Formula (D), wherein, in Formula (D), 0≤x≤0.15 (claim 12); wherein, with regard to the weight ratio (s : (1-s)) of the phosphate cathode active material to the non-phosphate cathode active material, 0.1≤s≤0.9 (claim 13); wherein the non-phosphate cathode active material is represented by one of the following Formula (B1) to (B4) or a blend thereof: Liw(NixMnyCozMt)O2 Formula (B1), wherein, in Formula (B1), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of Al, B, Mg, Si, Ca, Ti, V, Cr, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbO2 Formula (B2), wherein, in Formula (B2), 0≤x≤0.15; a>0; b>0; and optionally a+b=1, Liw(NixCoyAlzMt)O2 Formula (B3), wherein, in Formula (B3), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbCocAldO2 Formula (B4), wherein, in Formula (B4), 0≤x≤0.15; a>0; b>0; c>0; d>0; and optionally a+b+c+d=1 (claim 14); wherein the non-phosphate cathode active material is represented by one of LiNi0.33Mn0.33Co0.33O2 (NMC 111), LiNi0.5Mn0.3Co0.2O2 (NMC 532), LiNi0.6Mn0.2Co0.2O2 (NMC 622), or LiNi0.8Mn0.1Co0.1O2 (NMC 811) (claim 15); wherein a weight ratio of the phosphate cathode active material to the non-phosphate cathode active material is t : (1-t), wherein 0.1≤t≤0.9 (claim 16); wherein the cathode further comprises one or more conductive materials and a binder material (claim 18); wherein the anode comprises an anode active material including graphite (claim 19).
Maxwell teaches: the cathode active material further including a phosphate cathode active material in a mixture ([0047] & [0055]) with the LVPF, wherein 0<r<1; and the phosphate cathode active material is represented by Formula (A5): Li3+xV2-yMy(PO4)3 Formula (A5), wherein, in Formula (A5), 0≤x≤1; 0≤y≤0.5; 0.8≤z≤1.2; and M is one or more selected from the group consisting of Ti, Al, Mg, Mn, Fe, Co, Y, Cr, Cu, Ni, and Zr (lithium vanadium phosphate; [0047]; Li3V2(PO4)3 ; x=0, y=0; claim 6); the cathode active material further includes a non-phosphate cathode active material in a mixture ([0047] & [0055]) with the LVPF; wherein 0<s<1; and the non-phosphate cathode active material is represented by Formula(B), (C), (D), or a blend thereof: Li1+xNiaM2dM3eO2 Formula (B), wherein, in Formula (B), M2 is at least one selected from the group consisting of Co, Al, and Mn; M3 is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; 0≤x≤0.15; a>0; d>0; e≥0; and optionally a+d+e=1, Li1+xMn2O4 Formula (C), wherein, in Formula (C), 0≤x≤0.15, Li1+xCoO2 Formula (D), wherein, in Formula (D), 0≤x≤0.15; a weight ratio of the LVPF to the non-phosphate cathode active material is s : (1-s) (Formula (B)=LiNi0.5Mn0.2Co0.3O2 (NMC523); x=0, a=0.5, M2= Co, d=0.3, M3= Mn, e=0.2; [0047]; a+d+e=1; claim 7); wherein the non-phosphate cathode active material is represented by one of the following Formula (B1) to (B4) or a blend thereof: Liw(NixMnyCozMt)O2 Formula (B1), wherein, in Formula (B1), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of Al, B, Mg, Si, Ca, Ti, V, Cr, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbO2 Formula (B2), wherein, in Formula (B2), 0≤x≤0.15; a>0; b>0; and optionally a+b=1, Liw(NixCoyAlzMt)O2 Formula (B3), wherein, in Formula (B3), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbCocAldO2 Formula (B4), wherein, in Formula (B4), 0≤x≤0.15; a>0; b>0; c>0; d>0; and optionally a+b+c+d=1 (Liw(NixMnyCozMt)O2 Formula (B1); LiNi0.5Mn0.2Co0.3O2 (NMC523); w=1, x=0.5, y=0.2, z=0.3, t=0; [0047]; x+y+z+t=1; claim 10); the non-phosphate cathode active material is represented by one of LiNi0.33Mn0.33Co0.33O2 (NMC 111), LiNi0.5Mn0.3Co0.2O2 (NMC 532), LiNi0.6Mn0.2Co0.2O2 (NMC 622), or LiNi0.8Mn0.1Co0.1O2 (NMC 811) (NMC111; LiNi0.33Mn0.33Co0.33O2 [0047]; ;claim 11); the cathode active material further includes a non-phosphate cathode active material in a mixture with phosphate cathode active material and the LVPF and the non-phosphate cathode active material is represented by Formula(B), (C), (D), or a blend thereof: Li1+xNiaM2dM3eO2 Formula (B), wherein, in Formula (B), M2 is at least one selected from the group consisting of Co, Al, and Mn; M3 is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; 0≤x≤0.15; a>0; d>0; e≥0; and optionally a+d+e=1, Li1+xMn2O4 Formula (C), wherein, in Formula (C), 0≤x≤0.15, Li1+xCoO2 Formula (D), wherein, in Formula (D), 0≤x≤0.15 (Li1+xNiaM2dM3eO2 Formula (B); LiNi0.5Mn0.2Co0.3O2 (NMC523); x=0, a=0.5, M2= Co, d=0.3, M3= Mn, e=0.2; [0047]; a+d+e=1 claim 12); wherein the non-phosphate cathode active material is represented by one of the following Formula (B1) to (B4) or a blend thereof: Liw(NixMnyCozMt)O2 Formula (B1), wherein, in Formula (B1), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of Al, B, Mg, Si, Ca, Ti, V, Cr, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbO2 Formula (B2), wherein, in Formula (B2), 0≤x≤0.15; a>0; b>0; and optionally a+b=1, Liw(NixCoyAlzMt)O2 Formula (B3), wherein, in Formula (B3), 0.9≤w≤1.1; x>0; y>0; z>0; t≥0; M is one or more selected from the group consisting of B, Mg, Si, Ca, Ti, V, Cr, Mn, Fe, Cu, Zn, Y, Zr, Nb, W, Mo, Sr, Ce, Ga, and Ta; and optionally x+y+z+t=1, Li1+xNiaMnbCocAldO2 Formula (B4), wherein, in Formula (B4), 0≤x≤0.15; a>0; b>0; c>0; d>0; and optionally a+b+c+d=1 (Liw(NixMnyCozMt)O2 Formula (B1); LiNi0.5Mn0.2Co0.3O2 (NMC523); w=1, x=0.5, y=0.2, z=0.3, t=0; [0047]; x+y+z+t=1; claim 14); wherein the non-phosphate cathode active material is represented by one of LiNi0.33Mn0.33Co0.33O2 (NMC 111), LiNi0.5Mn0.3Co0.2O2 (NMC 532), LiNi0.6Mn0.2Co0.2O2 (NMC 622), or LiNi0.8Mn0.1Co0.1O2 (NMC 811) (NMC111; LiNi0.33Mn0.33Co0.33O2 [0047]; claim 15); wherein the cathode further comprises one or more conductive materials and a binder material (binder; [0060]; conductive materials; [0067]; claim 18); wherein the anode comprises an anode active material including graphite ([0191]; claim 19).
CAO and Maxwell are analogous art from the same field of endeavor, namely, fabricating lithium vanadium fluorophosphate cathodes. Maxwell teaches that it is well known in the art to employ lithium vanadium fluorophosphate cathodes and NMC mixtures. See paragraphs [0047] & [0055].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ Li1+xNiaM2dM3eO2 Formula (B) NC compounds of Maxwell, to mix with the lithium vanadium fluorophosphate cathode material of CAO in view of Wang, to increase discharge capacity.
With respect to a weight ratio of the LVPF to the phosphate cathode active material being r : (1-r), wherein 0<r<1;(claim 6); it would have been obvious in thee cathode material of CAO in view of Wang, and further in view of Maxwell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the weight ratio (s : (1-s)) of the LVPF to the non-phosphate cathode active material, 0.1≤s≤0.9 (claim 8); it would have been obvious in thee cathode material of CAO in view of Wang, and further in view of Maxwell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the weight ratio (s : (1-s)) of the LVPF to the non-phosphate cathode active material, 0.5≤s≤0.9 (claim 9); it would have been obvious in thee cathode material of CAO in view of Wang, and further in view of Maxwell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a weight ratio of the LVPF to the non-phosphate cathode active material being s : (1-s), wherein 0<s<1 (claim 12); it would have been obvious in thee cathode material of CAO in view of Wang, and further in view of Maxwell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a weight ratio (s : (1-s)) of the phosphate cathode active material to the non-phosphate cathode active material, 0.1≤s≤0.9 (claim 13); it would have been obvious in thee cathode material of CAO in view of Wang, and further in view of Maxwell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to a weight ratio of the phosphate cathode active material to the non-phosphate cathode active material being t : (1-t), wherein 0.1≤t≤0.9 (claim 16);
it would have been obvious in thee cathode material of CAO in view of Wang, and further in view of Maxwell. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Response to Amendment
Applicant asserts that CAO et al. CN 109286005A does not teach a 50-100 wt% of LVPF in the cathode. Specifically, CAO teaches (1-x) LiFePO4 * xLiVPO4F/C, wherein x=5-40wt% %; See the Abstract. This assertion is correct.
However, the amended range is new matter. There is no support for the upper 100 % of the range. Therefore, it is unclear where the upper end of the range is supported. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Also, there does not appear to be any criticality regarding the range of 50-100% LVPF set forth in the application, or by Applicant. In paragraph [0065] of the instant specification, r is not particularly limited, but in some aspects may be 0.4≤r≤0.6 (40% LVPF). CAO teaches 40% LVPF, and does not specifically teach against reasonably higher concentrations including 50% LVPF, without a concomitant loss of benefit. Stated differently, CAO modification of 40% to 50% appears obvious absent results to the contrary, as a person of ordinary skill would reasonably extend to 50%. Therefore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Applicant asserts that CAO does not teach a lithium ion electrochemical cell. This assertion is not persuasive, as CAO teaches a lithium ion power battery. See “background technology”.
Applicant asserts that considering the results obtained with comparative examples 3 and 4 of Cao, which contain 100% LVPF, would be deterred from increasing the amount of LVPF beyond 40%. The specific capacities obtained for comparative examples 3 and 4 are lower than those obtained for examples 1 to 3 according to Cao. See the table below.
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277
994
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Greyscale
This argument is not persuasive as there is a large range between 40% and 100%. The comparative examples do not show a deterrence below 100% LVPF.
Applicant asserts that Wang et al, WO 2021093265A1 does not cure the deficiencies of CAO, as it is silent to 50-100 wt% of LVPF in the cathode. This assertion is not persuasive as CAO does not appear deficient. See arguments above regarding new matter.
Applicant asserts that Maxwell WO 2020132622 does not cure the deficiencies of CAO, as it is silent to 50-100 wt% of LVPF in the cathode. This assertion is not persuasive as CAO does not appear deficient. See arguments above regarding new matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723