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 .
Election/Restrictions
Applicant’s election without traverse of A1 (Species A), Li2Cux1Ni1-x1-y1My1O2 wherein 0< x1 < 1, 0 < y1 < 0.1 and M is selected from one or more of Zn, Sn, Mg, Fe, and Mn or a specific combination thereof (Species B), metal fluoride/AlF3 (Species C), lithium bisfluorosulfonimide (LiFSI) (Species D), and LizFePO4 (Species E) in the reply filed on December 11, 2025 is acknowledged.
In light of the search made of record with this Office Action, the following species are no longer considered a search burden and consequently are rejoined:
Species B, directed to the lithium-rich metal oxide: Li2Cux1Ni1-x1-y1My1O2 wherein 0< x1 < 1, 0 < y1 < 0.1 and M is selected from one or more of Zn, Sn, Mg, Fe, and Mn or a specific combination thereof (elected), Li5FeO4 (rejoined), Li6CoO4 (rejoined), or Li2NiO2 (rejoined).
Species C, directed to the coating layer: AlF3 (elected), Al2O3 (rejoined), ZrO2 (rejoined), TiO2 (rejoined), or a combination of Al2O3 , ZrO2 , TiO2 (rejoined).
Claims 11 and 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A and E, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 11, 2025.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: LITHIUM-ION SECONDARY BATTERY COMPRISING A LITHIUM-RICH METAL OXIDE, AND PREPARATION METHOD THEREFOR, BATTERY MODULE, BATTERY PACK, AND DEVICE.
Claim Objections
Claim 1 is objected to because of the following informalities: L6-8 of the claim should recite “wherein the electrolyte has a percentage ɛ of a total mass of a fluorine element in a total mass of the electrolyte of < 14%” in order to set forth correct antecedent basis.
Claim 6 is objected to because of the following informalities: L1-2 of the claim should recite “wherein at least part of an outer surface of the lithium-rich metal oxide…” in order to set forth correct antecedent basis.
Claim 15 is objected to because of the following informalities: L2-3 of the claim should recite “a mass ratio of the positive electrode active material…” in order to set forth correct antecedent basis.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 6-10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (CN 107706351 A, cited on the IDS dated June 4, 2024, see also the EPO machine generated English translation provided with this Office Action), and further in view of Schmidt et al. (US PGPub 2019/0157721 A1).
Regarding Claims 1-2 and 7, Pan discloses a lithium ion secondary battery, comprising a positive electrode plate, a negative electrode plate, and an electrolyte ([0010], [0049]), wherein
the positive electrode plate comprises a positive electrode active material and a positive electrode lithium-supplementing material comprising a lithium-rich metal oxide, the lithium-rich metal oxide comprising one or more elements of Ni, Co, Fe, Mn, and Cu ([0014], [0019], [0022]);
the electrolyte comprises an electrolyte lithium salt and a solvent ([0050]).
However, Pan does not explicitly disclose wherein the electrolyte has a percentage ɛ of a total mass of a fluorine element in anions of the electrolyte lithium salt relative to a total mass of the electrolyte of < 14%, and further 2% < ɛ < 9.3%.
The Examiner notes that the instant specification discloses that when the electrolyte lithium salt is lithium bisfluorosulfonimide (LiFSI) at a concentration of 1 mol/L in a solvent of ethylene carbonate (EC) and methyl ethyl carbonate (EMC) at a volume ratio of 3:7, ɛ is 3.1% (Table 1, e.g. Examples 14-27, [00172], [00176]).
Schmidt teaches an electrolyte for a lithium ion secondary battery with improved electronic performance and/or a longer service life in a lithium ion secondary battery and/or safety of the lithium ion secondary battery ([0023]).
Specifically, Schmidt teaches an exemplary embodiment wherein the electrolyte comprises an electrolyte lithium salt and a solvent, wherein the electrolyte lithium salt is lithium bisfluorosulfonimide (LiFSI) at a concentration of 1 mol/L in a solvent of ethylene carbonate (EC) and methyl ethyl carbonate (EMC) at a volume ratio of 3:7 ([0054]).
It would have been obvious to one of ordinary skill in the art to utilize the electrolyte taught by Schmidt as the electrolyte in the lithium ion secondary battery of Pan in order to achieve a lithium ion secondary battery with improved electronic performance and/or a longer service life and/or improve safety of the lithium ion secondary battery.
Thus, modified Pan discloses wherein the electrolyte lithium salt is lithium bisfluorosulfonimide (LiFSI) at a concentration of 1 mol/L in a solvent of ethylene carbonate (EC) and methyl ethyl carbonate (EMC) at a volume ratio of 3:7, which necessarily and inherently has an ɛ of 3.1% as evidenced by Table 1, e.g. Examples 14-27, [00172], [00176] of the instant specification, which falls within and therefore reads on the instantly claimed ranges of < 14%, and further 2% < ɛ < 9.3%.
Regarding Claims 3-4, modified Pan discloses all of the limitations as set forth above and further discloses wherein the lithium-rich metal oxide comprises one or more of Li5FeO4, Li6CoO4, and Li2NiO2 ([0022] of Pan).
Regarding Claim 6, modified Pan discloses all of the limitations as set forth above and further discloses wherein at least part of an outer surface of the lithium-rich metal oxide layer has a coating layer, and the coating layer comprises an oxide, wherein the oxide is preferably selected from one or more of Al2O3, ZrO2, and TiO2 ([0014]-[0015], [0029] of Pan, wherein the positive electrode plate comprising the positive electrode lithium-supplementing material is coated with the coating layer and therefore at least part of an outer surface of the lithium-rich metal oxide layer has the coating layer).
Regarding Claim 8, modified Pan discloses all of the limitations as set forth above and further discloses wherein the concentration of the electrolyte lithium salt is 1 mol/L ([0054] of Schmidt), which falls within and therefore reads on the instantly claimed ranges of 0.7 mol/L-4 mol/L and further 0.7 mol/L-3 mol/L.
Regarding Claims 9-10, modified Pan discloses all of the limitations as set forth above and further discloses wherein the positive electrode active material preferably comprises LiFePO4 ([0019] of Pan), which reads on LizFePO4 in which 0.5 < z < 1.3 when z=1, and wherein the positive electrode active material is comprised in a positive electrode active material layer of the positive electrode plate ([0045] of Pan).
Regarding Claim 15, modified Pan discloses all of the limitations as set forth above and further discloses wherein on at least one side of the positive electrode current collector, a mass ratio of the positive electrode active material to the positive electrode lithium-supplementing material is preferably 99:1-90:10 ([0027] of Pan), which falls within and therefore reads on the instantly claimed range of 99.9:0.1 – 85:15.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (CN 107706351 A, cited on the IDS dated June 4, 2024, see also the EPO machine generated English translation provided with this Office Action) in view of Schmidt et al. (US PGPub 2019/0157721 A1), as applied to Claim 1 above, and further in view of Barker (US PGPub 2007/0141468 A1, cited on the IDS dated June 4, 2024)/Barker (US Patent No. 6,183,718 B1) incorporated by reference herein.
Regarding Claim 5, modified Pan discloses all of the limitations as set forth above. However, modified Pan does not disclose wherein the lithium-rich metal oxide contains free lithium including one or more of LiOH, LiHCO3, and Li2CO3, and the mass percentage ꙍ of the free lithium in the lithium-rich metal oxide is < 5 wt%.
Barker teaches a lithium ion secondary battery comprising a positive electrode, wherein the positive plate comprises a positive electrode lithium-supplementing material comprising a lithium-rich metal oxide ([0065], [0013]-[0018], e.g. [0131]).
Specifically, Barker teaches wherein the lithium-rich metal oxide may contain free lithium including one or more of LiOH and Li2CO3 in order to react with and neutralize acid produced during operation of the lithium ion secondary battery, such as by decomposition of the electrolyte or other components, thereby enhancing the performance of the positive electrode ([0167], [0169]).
Barker further teaches wherein the mass percentage ꙍ of the free lithium in the lithium-rich metal oxide may be about 1 % ([0371], see C17, L8-9, 15-25 of US Patent No. 6,183,718 B1), which falls within and therefore reads on the instantly claimed range of < 5 wt%.
It would have been obvious to one of ordinary skill in the art to form the lithium-rich metal oxide of modified Pan to include one or more of LiOH and Li2CO3, wherein the mass percentage ꙍ of the free lithium in the lithium-rich metal oxide is about 1 %, as taught by Barker, in order to react with and neutralize acid produced during operation of the lithium ion secondary battery, such as by decomposition of the electrolyte or other components, thereby enhancing the performance of the positive electrode of modified Pan.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (CN 107706351 A, cited on the IDS dated June 4, 2024, see also the EPO machine generated English translation provided with this Office Action) in view of Schmidt et al. (US PGPub 2019/0157721 A1), as applied to Claim 1 above, and further in view of Toyama et al. (US PGPub 2012/0034503 A1).
Regarding Claim 12, modified Pan discloses all of the limitations as set forth above and further discloses wherein the positive electrode plate comprises a positive electrode current collector and a positive electrode material layer provided on the positive electrode current collector, the positive electrode active material layer comprises the positive electrode active material layer ([0045] of Pan).
Modified Pan further discloses wherein the positive electrode lithium-supplementing material is distributed in the positive electrode active material layer ([0045] of Pan).
Specifically, modified Pan discloses wherein the positive electrode plate is formed by coating a slurry containing the positive electrode active material and the positive electrode lithium-supplementing onto the positive electrode current collector and then drying it to form the positive electrode material layer provided on the positive electrode current collector ([0045] of Pan).
However, modified Pan does not explicitly disclose wherein the positive electrode lithium-supplementing material is uniformly distributed in the positive electrode active material layer.
Toyama teaches forming a positive electrode plate by coating a slurry containing a positive electrode active material onto a positive electrode current collector and then drying it to form a positive electrode material layer provided on the positive electrode current collector ([0091]-[0093], [0096]).
Specifically, Toyama teaches that it is preferable to sufficiently knead a mixture using a kneader so as to uniformly disperse the positive electrode active material in the slurry ([0095]).
It would have been obvious to one of ordinary skill in the art to knead a mixture containing the positive electrode active material of modified Pan and the positive electrode lithium-supplementing material of modified Pan, as taught by Toyama, in order to uniformly distribute the positive electrode active material and the positive electrode lithium-supplementing material in the slurry, as such is a known desire in the art, wherein the skilled artisan would have reasonable expectation that such would successfully form the positive electrode plate desired by modified Pan.
Thus, modified Pan discloses wherein the positive electrode lithium-supplementing material is uniformly distributed in the slurry ([0095] of Toyama) and consequently discloses wherein such is uniformly distributed in the positive electrode active material layer.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Pan et al. (CN 107706351 A, cited on the IDS dated June 4, 2024, see also the EPO machine generated English translation provided with this Office Action) in view of Schmidt et al. (US PGPub 2019/0157721 A1), as applied to Claim 1 above, and further in view of Roy et al. (US PGPub 2018/0219258 A1).
Regarding Claims 16-18, modified Pan discloses all of the limitations as set forth above. However, modified Pan remains silent regarding the intended use of the lithium ion secondary battery and consequently does not disclose a battery pack comprising a battery module comprising the lithium ion secondary battery or a device comprising at least one of the lithium ion secondary battery.
Roy teaches a device comprising a battery pack comprising a battery module comprising a lithium ion secondary battery ([0099]-[0101]).
It would have been obvious to one of ordinary skill in the art to utilize the lithium ion secondary battery of modified Pan in device comprising a battery pack comprising a battery module, as taught by Roy, as the intended use of the lithium ion secondary battery is not particularly limited, wherein the skilled artisan would have reasonable expectation that such would successfully power the device.
Conclusion
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/KIMBERLY WYLUDA/Examiner, Art Unit 1725