/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723 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 .
Request for Continued Examination
The request filed on April 21, 2026 for a Request for Continued Examination (RCE) under 37 CFR 1.114 based on parent Application No. 18/171,799 is acceptable and a RCE has been established. An action on the RCE follows:
The following rejections are overcome:
Claims 1-20 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.
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 2021093265A1.
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 2021093265A1 and further in view of Maxwell WO 2020132622.
Claims 1-2, 8-11 & 17-20 are newly rejected as follows:
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2, 8-11 & 17-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, lines 5-7, the limitation ”the cathode comprises a cathode active material consisting in mixture of a lithium vanadium fluorophosphate (LVPF) and a non-phosphate cathode active material” is unclear. There appears to be two cathode active materials, one mixed into the LVPF and non-phosphate blend, but the other one not defined. For the purposes of the Office Action, the cathode is a blend of the LVPF and non-phosphate. This interpretation is consistent with the description on Page 1 of the Remarks:
As mentioned above, in view of the amendment made to claim 1, the cathode active material is now defined as being a mixture of LVPF and of a non-phosphate cathode active material.
An appropriate correction is required.
Claims 2, 8-11 & 17-19 are rejected based on dependency of claim 1.
In claim 1, lines 4-6, the limitation “a phosphate-based cathode active material consisting in mixture of a lithium vanadium fluorophosphate (LVPF) and anon-phosphate cathode active material” is unclear. There appears to be two cathode active materials, one mixed into the LVPF and non-phosphate blend, but the other one not defined. For the purposes of the Office Action, the cathode is a blend of the LVPF and non-phosphate. This interpretation is consistent with the description on Page 1 of the Remarks:
As mentioned above, in view of the amendment made to claim 1, the cathode active material is now defined as being a mixture of LVPF and of a non-phosphate cathode active material.
An appropriate correction is required.
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) 1-2, 8-9, 17 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over KONG, et al. CN-114597348-A in view of Wang et al, WO 2021093265A1.
With respect to claim 1, KONG teaches a lithium-ion secondary battery (lithium ion battery; Background), comprising: a cathode (positive electrode; Detailed Description, paragraph 12); an anode (negative electrode; Detailed Description, paragraph 12); and an electrolytic solution (electrolyte; Detailed Description, paragraph 12); wherein the cathode comprises a mixture of a lithium vanadium fluorophosphate (LVPF) and a non-phosphate cathode active material (the positive electroactive material comprises olivine compound, rock salt layered oxide, spinel, hectorite, borate, silicate, organic compound, other types of positive electrode material (such as described in the description of FIG. 1), or any combination thereof; The rock salt layered oxide may include, for example LiCoO2; The hydroxyl phosphorus hectorite compound may include, for example, LiVPO4F; The spinel may include, for example, LiMn2O4; See “Provid blends” section, paragraph 6) , said LVPF being 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 (LiVPO4F; See “Provid blends” section, paragraph 6; when x=0, y=0 & z=1), wherein the non-phosphate cathode active material is represented by Formula (B), (C), (D), or a blend thereof:Li1+xNiaM2aM3eO2 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; O<x<0.15; a>0; d>0; e>0,Li1+x Mn2O4 Formula (C) (The spinel may include, for example, LiMn2O4; See “Provid blends” section, paragraph 6), wherein, in Formula (C), Ox<0.15,Lii+xCoO2Formula (D) (The rock salt layered oxide may include, for example LiCoO2; See “Provid blends” section, paragraph 6),wherein, in Formula (D), Ox<0.15. With respect to claim 2, the LVPF represented by the Formula (1) is Li1+xVPO4Fz (LiVPO4F; See “Provid blends” section, paragraph 6; when x=0, y=0 & z=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 comprises a mixture of a lithium vanadium fluorophosphate (LVPF) and a non-phosphate cathode active material (the positive electroactive material comprises olivine compound, rock salt layered oxide, spinel, hectorite, borate, silicate, organic compound, other types of positive electrode material (such as described in the description of FIG. 1), or any combination thereof; The rock salt layered oxide may include, for example LiCoO2; The hydroxyl phosphorus hectorite compound may include, for example, LiVPO4F; The spinel may include, for example, LiMn2O4; See “Provid blends” section, paragraph 6) , said LVPF being 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 (LiVPO4F; See “Provid blends” section, paragraph 6; when x=0, y=0 & z=1), wherein the non-phosphate cathode active material is represented by Formula (B), (C), (D), or a blend thereof:Li1+xNiaM2aM3eO2 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; O<x<0.15; a>0; d>0; e>0,Li1+x Mn2O4 Formula (C) (The spinel may include, for example, LiMn2O4; See “Provid blends” section, paragraph 6), wherein, in Formula (C), Ox<0.15,Lii+xCoO2Formula (D) (The rock salt layered oxide may include, for example LiCoO2; See “Provid blends” section, paragraph 6),wherein, in Formula (D), Ox<0.15. .
KONG does not teach: 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); 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); adding an effective amount of tris(trimethylsilyl) phosphate (TTSP) to the electrolytic solution to reduce cycle capacity loss (claim 20); 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 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 KONG, 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 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 KONG 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 KONG 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 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% (claim 17); it would have been obvious in the cathode of KONG 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) 10-11 & 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over KONG, et al. CN-114597348-A in view of Wang et al, WO 2021093265A1 and further in view of Maxwell WO 2020132622.
KONG in view of Wang teach a lithium-ion secondary battery (lithium ion battery; Background), comprising: a cathode (positive electrode; Detailed Description, paragraph 12); an anode (negative electrode; Detailed Description, paragraph 12); and an electrolytic solution (electrolyte; Detailed Description, paragraph 12); wherein the cathode comprises a mixture of a lithium vanadium fluorophosphate (LVPF) and a non-phosphate cathode active material (the positive electroactive material comprises olivine compound, rock salt layered oxide, spinel, hectorite, borate, silicate, organic compound, other types of positive electrode material (such as described in the description of FIG. 1), or any combination thereof; The rock salt layered oxide may include, for example LiCoO2; The hydroxyl phosphorus hectorite compound may include, for example, LiVPO4F; The spinel may include, for example, LiMn2O4; See “Provid blends” section, paragraph 6) , said LVPF being 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 (LiVPO4F; See “Provid blends” section, paragraph 6; when x=0, y=0 & z=1), wherein the non-phosphate cathode active material is represented by Formula (B), (C), (D), or a blend thereof:Li1+xNiaM2aM3eO2 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; O<x<0.15; a>0; d>0; e>0,Li1+x Mn2O4 Formula (C) (The spinel may include, for example, LiMn2O4; See “Provid blends” section, paragraph 6), wherein, in Formula (C), Ox<0.15,Lii+xCoO2Formula (D) (The rock salt layered oxide may include, for example LiCoO2; See “Provid blends” section, paragraph 6), wherein, in Formula (D), Ox<0.15, as described in the rejection recited hereinabove.
KONG does not teach or suggest: 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); 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 non-phosphate cathode active material is represented by Formula(B), (C), (D), or a blend thereof: 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); 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).
KONG 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 KONG in view of Wang, to increase discharge capacity.
Response to Arguments
Applicant asserts the instant claims are not obvious over CAO et al. CN 109286005A, because the CAO necessitates LFP to be efficient, and the newly amended claims require a blend of LVPF and a non-phosphate mixture cathodic material. Therefore, eliminating the need of LFP. This assertion is correct and all previously pending rejections are overcome.
Conclusion
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
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