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 .
Specification
Paragraph [0028] of the instant specification recites “…the first cathode active material has primary particles whose particle diameter is greater than or equal to 1 μm…” (lines 7-9). This appears to be a typographical error, as the claims, abstract, and other instances of the specification (e.g., [0006], [0023]) indicate the first cathode active material has primary particles whose particle diameter is less than or equal to 1 μm.
Claim Objections
Claim 8 recites inter alia “the secondary battery of claim 1, wherein the first cathode tab formed to extend from the first cathode in the first electrode group is connected to a first electrode lead…”, “the second cathode tab formed to extend from the second cathode in the second electrode group is connected to a second electrode lead”.
While preceding claim 1 positively recites the first and second cathodes, claim 1 does not further recite the structure of a first and second cathode tab extending from the first and second cathodes which are narrowed by claim 8’s limitations directed to an existing first and second cathode tab.
As a non-limiting example, claim 8 may be amended to recite “the secondary battery of claim 1, wherein a first cathode tab formed to extend from the first cathode in the first electrode group is connected to a first electrode lead…”, “a second cathode tab formed to extend from the second cathode in the second electrode group is connected to a second electrode lead” to provide proper antecedent basis to the structure of the first/second cathode tabs in claim 8.
For the purposes of examination, claim 8 is treated as reciting the proposed amendment above.
Claims 9-11 are objected to as being dependent on the objected claim 8.
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.
Claim 1 is 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.
Claim 1 recites, inter alia, “…the first cathode comprises a first cathode active material, and the second cathode comprises a first cathode active material and a second cathode active material, and wherein the first cathode active material is a lithium-nickel composite oxide…”.
It is not clear from the claim language whether A) the first and second cathodes independently comprise their own first cathode active material(s) (“a first cathode active material”) where both cathode materials each separately meet the material limitations of claim 1, or B), the first and second cathodes jointly comprise an identical first cathode active material (“the first cathode active material”).
It is interpreted by the Examiner that interpretation B) is best supported by the instant specification, where paragraph [0029] of the specification recites “the first cathode includes the first cathode active material, the second cathode includes the first cathode active material and the second cathode active material”; for examining purposes, this interpretation is applied to claim 1 in the instant Office action.
Claims 2-14 are similarly rejected as being dependent on the rejected claim 1.
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.
Claims 1-7 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (KR-20080036250-A; see attached machine translation) in view of Watanabe et al. (WO-2020174794-A1; US-20220149366-A1 cited as English equivalent) and Zhu et al. (Single-crystal based studies for correlating the properties and high-voltage performance of Li [NixMnyCo1-x-y]O2 cathodes; copy provided with this Office action).
Regarding claim 1, Yoo discloses a secondary battery ([0004]), comprising an electrode assembly (FIG. 2) comprising:
a first electrode group (“first unit cells”) which comprises a first cathode ([0027-0029]); and
a second electrode group (“second unit cells”) which comprises a second cathode ([0027-0029]);
wherein the first cathode comprises a first cathode active material (“single-component positive electrode active material of the first unit cell”) ([0030]).
Yoo prioritizes the capacity and life characteristics of the first electrode group (“first unit cell”) comprising the first cathode active material ([0027]), the cathode active material being selected from a group consisting of one or more of lithium cobalt oxide, lithium manganese oxide, and lithium nickel oxide ([0029]), but fails to specify that the first cathode active material is a lithium-nickel composite oxide having primary particles whose particle diameter is less than or equal to 1 μm as claimed.
Zhu, directed to considerations of nickel-based composite oxides (“nickel-rich layered transition metal oxides”, Zhu, abstract), teaches nickel oxides as desirable due to their high capacity and high operating voltages (pp. 5463/col. 1/¶1). Zhu further teaches that increasing the primary particle size of a lithium-nickel composite oxide from 0.1 µm to 1 µm up to 10 µm reduces the discharge capacity of the material due to kinetic hindrance and poorer material utilization (P5469/C2/¶3).
As such, in seeking to improve the capacity of the Yoo’s first electrode group, it would be obvious before the effective filing date of the instant application for one having ordinary skill in the art to select a first cathode active material being a lithium-nickel composite oxide as taught by Zhu, with a reasonable expectation of success as Yoo discloses a suitability lithium nickel oxide as the first cathode active material (Yoo [0029]) (MPEP 2144.07).
Similarly, in seeking to further improve the capacity of Yoo’s first electrode, it would be obvious before the effective filing date of the instant application for one having ordinary skill in the art to utilize the lower range of primary particle diameter taught by Zhu (i.e., 0.1 µm to 1 µm, this particle diameter taught to have a higher capacity than 10 µm, Zhu P5469/C2/¶3), and thus further select a lithium-nickel composite oxide having primary particles within the claimed range (≤ 1 µm diameter). Such a selection would be made with a reasonable expectation of success, as Yoo desires to prioritize the capacity of the first cathode comprising the first cathode active material.
Yoo further discloses the second cathode comprises at least two cathode active materials (“two-component or three-component positive electrode active material constituting the second unit cell”) ([0030]), these selected from a group consisting of lithium manganese-cobalt oxide, lithium manganese-nickel oxide, lithium nickel-cobalt oxide and lithium manganese-nickel-cobalt oxide ([0029]), some of these species (e.g., lithium-nickel cobalt oxide) being recognized as lithium-nickel composite oxides. Yoo further teaches prioritizing the rate performance, lifespan, and high temperature safety of the second electrode group (“second unit cell”) comprising the second cathode (Yoo [0027], [0030]). However, Yoo fails to address this consideration using a second cathode comprising the first cathode active material and a second cathode active material being a lithium-nickel composite oxide having primary particles whose particle diameter is greater than 1 μm.
Watanabe, directed to a positive electrode active material for a secondary battery (Watanabe, abstract), similarly notes lithium-nickel composite oxides as being advantageous to improve battery capacity ([0002]), but cautions that excessive surface area of this type of material causes Ni dissolution, limiting the lifespan by causing an increase in resistance or an internal short circuit ([0004]).
To avoid this effect, Watanabe teaches forming a cathode from both a first cathode active material (“Ni-containing lithium composite oxide B”; FIG. 3) and a second cathode active material (“Ni-containing lithium composite oxide A”; FIG. 2) ([0022-0023]), the first cathode active material (B) having a primary particle size of 0.05-2 µm and the second cathode active material (A) having a primary particle size of 1 μm to 4 μm. The combination of cathode active materials in this particle size inhibits Ni and Mn dissolution ([0034]) and improves the battery stability during storage at high temperatures (60 °C) ([0063], pp. 7 Table 1).
As such, in seeking to improve the lifespan and high temperature stability of the second electrode group, it would be obvious to form modified Yoo’s second cathode from a first cathode active material being a lithium-nickel composite oxide having a primary particle size of 0.05-2 µm and a second cathode active material being a lithium-nickel composite oxide having primary particles whose particle diameter is 1-4 µm (i.e., greater than 1 μm) as taught by Watanabe. Such a modification would be made with a reasonable expectation of success, as Yoo discloses a suitability of using a two-component positive electrode active material in the second electrode group (“second unit cell”) comprising the second cathode (Yoo [0030]), the positive electrode active materials being selected from a group including lithium nickel-containing oxides ([0029]).
Furthermore, it would be obvious to select Zhu’s first cathode active material used in the first cathode (lithium-nickel composite oxide having primary particles whose particle diameter 0.1-1 µm; see discussion above) as the first cathode active material in the second cathode, as Zhu’s first cathode active material comprises primary particles which fall within the suitable size range taught by Watanabe (0.05-2 µm) (MPEP 2144.07 I). In doing so, one of ordinary skill in the art would produce modified Yoo’s secondary battery wherein the second cathode comprises a first cathode active material and a second cathode active material according to the interpretation of this limitation (see discussion in rejection of claim 1 under 35 U.S.C. 112 above)
Regarding claims 2, 3, modified Yoo discloses the secondary battery of claim 1. While Yoo envisions a suitability of adjusting the electrode mixture composition to achieve a desired performance in the secondary battery (Yoo [0015]), Yoo fails to specifically disclose a mass ratio of the first cathode active material to second cathode active material in the second cathode.
Watanabe further teaches optimizing a mass ratio of the first (B) and second (A) cathode active materials in the cathode between 5.5:4.5 to 7.5:2.5 to optimize the filling ratio (Watanabe [0037]). Additionally, the first (B) cathode active material comprises a greater specific surface area ([0032], FIGs. 2, 3), such that increasing the proportion of first (B) cathode active material would increase the electrode capacity at the cost of increasing the risk of Ni dissolution ([0012]).
As such, in seeking to optimize the filling ratio and balance cathode capacity and Ni dissolution rate, it would be obvious for one having ordinary skill in the art to optimize a mass ratio of the first cathode active material and the second cathode active material in the second cathode within a range of 5.5:4.5 to 7.5:2.5 as taught by Watanabe, this range falling within and rendering obvious the range of 1:9 to 9:1 in claim 2 and 3:7 to 9:1 in claim 3. Such a modification would be made with a reasonable expectation of success, as a skilled artisan would necessarily select at least some measure of first cathode active material mass to second cathode active material mass in order to successfully manufacture modified Yoo’s second cathode (MPEP 2144.05 II).
Regarding claims 4-5, modified Yoo discloses the secondary battery of claim 1. While Yoo fails to indicate a specific range of numbers of stacks of the first cathode and the second cathode in the electrode assembly, Yoo nonetheless envisions that different combinations of unit cell types (i.e., those having first or second cathodes) may be used to achieve a desired balance of output, capacity, and lifetime characteristics in the battery (Yoo [0017]), where increasing the proportion of first cathodes would increase the capacity and life characteristics and increasing the proportion of second cathodes would improve the high rate charge and discharge characteristics ([0027]).
Additionally, Yoo provides an embodiment of the secondary battery (FIGs. 1, 2) where a first electrode group (22) comprises a plurality of unit cells having high capacity (i.e., first cathodes; [0027]), and a second electrode group (21) comprises a single unit cell having high rate charge/discharge characteristics (i.e., a second cathode; [0027]) ([0044]), which would suggest a ratio of at least 2 first cathodes to 1 second cathode. And, while not discussed by Yoo, a skilled artisan would need to consider at least some practical upper limit to the number of first cathodes to avoid an excessive number of total electrodes within Yoo’s secondary battery.
As such, in seeking to balance the capacity and the performance, lifespan, and high temperature safety of modified Yoo’s secondary battery according to Yoo’s disclosure and considerations apparent to one of ordinary skill in the art, it would be obvious for one having ordinary skill in the art to optimize a ratio of first cathodes to second cathodes within a range of at least 2:1 up to an arbitrarily large number of first cathodes to second cathodes, and in doing so, utilize at least a portion overlapping with and rendering obvious the claimed ranges of 1:10 to 10:1 in claim 4 and 1:1 to 10:1 in claim 5 between 2:1 to 10:1. A skilled artisan would have selected within the overlapping range through routine optimization under Yoo’s disclosure with a reasonable expectation of success (MPEP 2144.05 II).
Regarding claim 6, modified Yoo discloses the secondary battery of claim 1, wherein the first electrode group (22, having high capacity) is disposed below the second electrode group (21, having high rate characteristics) ([0045], FIG. 2), this reading on claim 6.
However, Examiner notes that the locations of the first and second electrode group above or below relative each other appear to be arbitrary; flipping Yoo’s secondary battery onto the opposite side would result in a second electrode group disposed below the first electrode group without changing the intrinsic functionality of any electrode group, cathode, or cathode active material, or the secondary battery itself.
Regarding claim 7, modified Yoo discloses the secondary battery of claim 6.
A side of the electrode assembly may be arbitrarily designated as a left side of the electrode assembly (see Annotated Yoo FIG. 2 below), wherein a first cathode tab formed to extend from the first cathode in the first electrode group (22) is located on a left side of the electrode assembly (Annotated Yoo FIG. 2, [0045]) and thus reads on the limitation “located on a left or right side of the electrode assembly”, and
a second cathode tab formed to extend from the second cathode in the second electrode group (21) is located on a left side of the electrode assembly (Annotated Yoo FIG. 2, [0045]) and thus reads on the limitation “located on a right or left side of the electrode assembly”.
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Annotated Yoo FIG. 2
Regarding claim 12, modified Yoo discloses the secondary battery of claim 1. The instant specification defines a “stacked electrode assembly” as being formed by “stacking a plurality of cathodes and anodes”, as opposed to a wound electrode assembly “formed by winding one extending cathode and anode” (inst. spec., [0046]). Yoo discloses forming the electrode assembly from stacking pluralities of bicells (10) comprising separate cathodes and anodes ([0020-0022], [0044], FIG. 1) such that modified Yoo’s electrode assembly is recognized as a stacked electrode assembly as claimed.
Regarding claims 13, 14, modified Yoo discloses a battery module (“medium and large battery modules”) comprising the secondary battery according to claim 1 as a unit battery ([0006]), thus reading on claim 13, and discloses a device (“medium and large devices”) comprising the battery module according to claim 13 as a power source ([0006]), which reads on claim 14.
Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (KR-20080036250-A), Watanabe (WO-2020174794-A1), and Zhu as applied to claim 1, further in view of Han et al. (KR-20200092672-A; see attached machine translation).
Regarding claims 8, 11, modified Yoo discloses the secondary battery of claim 1. While Yoo’s battery comprises first and second cathode tabs formed to extend from the first and second cathodes of the first (22) and second (21) electrode groups (see Annotated Yoo FIG. 2 above), Yoo fails to further specify details of cathode tabs, such as a connection to a respective first or second electrode lead to form a first or second cathode tab-lead coupling portion as claimed.
Han is directed to a secondary battery comprising a first electrode group (122, “second electrode assembly”) outputting relatively low power (Han [0037]) and a second electrode group (121, “first electrode assembly”) with a high power output ([0036]), these being analogous to Yoo’s two electrode groups where the second electrode group has higher rate performance (i.e., power output) (Yoo [0027]).
Han teaches connecting the first cathode tab (122a) formed to extend from the first cathode in the first electrode group (122) to a first electrode lead (142a), where a connection formed between the two is recognized as a first cathode tab-lead coupling portion (Han [0037], FIG. 1), and repeating the process with the second cathode tab (121a) from the second cathode/second electrode group (121) and the second electrode lead (141a) to form a second cathode tab-lead coupling portion (Han [0036], FIG. 1). This configuration of electrode groups and cathode tab-lead coupling portions advantageously allows the two electrode groups comprising different electrochemical characteristics to output multiple types of output power in a single secondary battery, this being desirable for use in automotive rapid charging ([0022-0024]). Also, this allows different output lead sizes to be matched to each electrode group having different output characteristics, reducing internal resistance ([0048]).
As such, in seeking to allow modified Yoo’s secondary battery to output multiple output powers for use in rapid charging and to reduce internal resistance from the output lead, it would be obvious for one having ordinary skill in the art to form first and second electrode leads in Yoo’s secondary battery wherein the first/second cathode tab formed to extend from the first/second cathode in the first/second electrode group is connected to a first electrode lead to form a first cathode tab-lead coupling portion respectively as taught by Han, this structure reading on that of claim 8.
Such a modification would be made with a reasonable expectation of success, as Yoo’s secondary battery presently comprises the structure of two electrode groups having different output characteristics as required by Han (Yoo [0027]) and could thus be adapted without substantial reconstruction or redesign of the electrode groups. Additionally, this modification would not render Yoo’s battery as unsatisfactory for its intended purpose, as Yoo intends for use of the secondary battery in high-output applications (e.g., in electric vehicles) (Yoo [0010]).
Furthermore, while modified Yoo does not explicitly disclose a width of the first or second cathode tab as according to claim 11, both of the cathode tabs necessarily comprise at least some respective measure of width, where the first cathode tab width may only be the same or be different relative to the second cathode tab width. Therefore, modified Yoo’s first and second cathode tabs are inherently the same or different from each other as claimed in claim 11.
Regarding claim 9, modified Yoo discloses the secondary battery of claim 8. While Yoo fails to further specify details of the first and second electrode lead as being arranged in parallel and interposed in a single lead film together, Han teaches a configuration where the first electrode lead (142a) and the second electrode lead (141a) are arranged in parallel with respect to a folding line (131) (Han [0053], FIG. 2) and wrapped in a single lead film (130 “film member”) ([0053], FIG. 1). Advantageously, this positioning of the first/second electrode leads allows the leads to be spaced apart, preventing interference between the leads ([0053]), while the lead film (130) prevents contact of the electrode leads (142b, 142a) with a battery case (110) ([0056-0057], FIG. 1).
As such, in seeking to provide these advantages to modified Yoo’s secondary battery, it would be obvious for one having ordinary skill in the art to arrange Yoo’s first and second electrode leads in parallel interposed in a single lead film together as taught by Han. Such a modification would be made with a reasonable expectation of success, as Yoo envisions a suitability of using battery components without a provided description (e.g., the electrode leads and lead film) as known in the art (i.e., according to Han’s teaching) (Yoo [0041]).
Regarding claim 10, modified Yoo discloses the secondary battery of claim 8 comprising at least some means of connection in the respective first and second cathode tab-lead coupling portions (see discussion of claim 8, tab-lead coupling portions being a connection), but Yoo fails to further specify this connection as being formed by mechanical coupling or welding.
Han, relied upon to teach the structure of the first and second cathode tab-lead coupling portions (see discussion of claim 8 above), teaches welding as a suitable means of connecting the cathode tabs and electrode leads to form the cathode tab-lead coupling portions (Han [0043]).
As such, it would be obvious for one having ordinary skill in the art to select welding as a method of forming modified Yoo’s first cathode tab-lead coupling portion as taught by Han with a reasonable expectation of success, as Han teaches suitability of welding for an intended purpose of connecting the first cathode tab to the first electrode lead (MPEP 2144.07).
Conclusion
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/E.C./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 4/13/2026
Prosecution Insights