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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05 May 2023 was filed after the mailing date of the instant application on 05 May 2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1,2, and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fang (CN 110451585), Yang (CN 106684323), and Tsunozaki (US 9444099).
Regarding claim 1, Fang teaches a method of preparing the ternary cathode material, comprising the following steps:
(1) mixing a lithium source and a precursor of nickel-cobalt-manganese to obtain a mixture (“mix high nickel NCM ternary precursor, lithium hydroxide” paragraph 69) and ball-milling the mixture (“wet high-speed mixing method” paragraph 69 and “mixing equipment may be selected from one of a high-speed ball mill” paragraph 27) to obtain a milled powder;
(2) subjecting the milled powder to a first calcinating process (“one sintering was performed” paragraph 69), crushing, and screening (“crushed, and sieved” paragraph 70) to obtain a calcinated material;
(3) adding the calcinated material (“prepared silica sol is injected into a fired base material in the form of a spray solution” paragraph 71) and a compound (“ethyl orthosilicate as a precursor” paragraph 71) into a mixed solution of an organic solvent and water (“adding ethanol and water solvents” paragraph 71) to obtain a calcinated material mixture, stirring the calcinated material mixture (“high nickel NCM ternary cathode material and the coating agent B are wet-mixed” paragraph 71), and evaporating the calcinated material mixture to dryness (“slurry is dried” paragraph 71) to obtain a residue, wherein the organic solvent is ethanol (“adding ethanol and water solvents” paragraph 71);
(4) subjecting the residue to a second calcinating process (“secondary sintering” paragraph 71), followed by cooling (“cooling” paragraph 71) to obtain the ternary cathode material;
in step (1), the precursor of nickel-cobalt-manganese has a chemical formula of NixCoyMn(1-x-y)(OH)2, wherein 0.5 ≤ x ≤ 1, y ≥ 0, and 1 – x – y > 0 (“precursor material Ni0.6Co0.2Mn0.2 (OH) 2” paragraph 68). (average particle diameter D50: 1-5 μm).
Fang does not teach the ternary cathode material specifically has a D50 of 3-6 µm. Additionally, Fang does not teach the compound of step (3) in Example 4 is a niobium compound, a boron compound, or a titanium compound. Moreover, Fang does not teach the mass ratio of the organic solvent and water.
However, Fang teaches average particle diameter D50 of 1-5 μm for the high nickel single crystal positive electrode material (paragraph 32). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Additionally, Yang teaches a similar method for preparing a ternary cathode positive electrode material (paragraph 58) where the lithium source and nickel cobalt manganese hydroxide precursor material were mixed, sintered, and cooled to obtain uncoated cathode material (paragraph 60). A niobium source was added to a dispersant to prepare a mixed solution, where the uncoated cathode material was then added (paragraph 61). The mixed solution was stirred and dried to coat niobium on the positive electrode material (paragraph 61). The niobium source is any one or more of niobium pentoxide, niobium trioxide (paragraph 31).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Fang to coat the high nickel NCM ternary cathode material with the niobium source, in Yang in the preparation of coating agent B. This has the advantage of promoting lithium ion migration, reducing occurrence of side effects of the material with the electrolyte material, significantly improving the rate performance and cycle performance, and improving the material’s high temperature performance and safety (Yang: paragraph 33).
Moreover, Tsunozaki teaches a mixed solvent of water and a water-soluble alcohol, which may be ethanol, and the total content of the ethanol is preferably 0% to 20% mass of the total amount of solvent ([0056]). The solvent can be used to dissolve or disperse ([0052]) compound containing an oxide of the metal element M ([0054]), which is preferably niobium ([0053]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Fang to use the ethanol and water mass ratio of Tsunozaki (Tsunozaki: [0056]) to prepare coating agent B because Fang did not specify a mass ratio to use for Example 4, and Tsunozaki disclosed a preferable ratio for dissolving the niobium oxide (Tsunozaki: [0056]). If the solvent only contains ethanol and water, the mass ratio of ethanol to water would be (0-0.25):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 (MPEP 2144.05).
Regarding claim 2, modified Fang teaches the lithium source is LiOH (Fang: “mix high nickel NCM ternary precursor, lithium hydroxide” paragraph 69).
Regarding claim 4, modified Fang teaches the niobium compound is Nb2O5 (Yang: “the niobium source is any one or more of niobium pentoxide” paragraph 31).
Regarding claim 5, modified Fang does not specifically teach the calcinated material and the compound are in a mass ratio of (0.28-1): 100. Additionally, modified Fang does not specifically teach the calcinated material and the mixed solution are in a mass ratio of (0.1-5): 1.
However, modified Fang teaches chemical formula LiNi1-a-bCoaMnbO2 • cNb2O5, wherein a, b and c are the number of moles, 0 ⟨a ≦ 0.4, 0 ⟨b ≦ 0.4 and 0 ⟨c ⟨0.05 (Yang: paragraph 8). The niobium source is weighed according to the ratio of Nb: (Ni + Co + Mn) = 2c: 1 (Yang: paragraph 61).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Fang to use the mole ratio of Yang necessary for coating the cathode material with a niobium source as Fang does not disclose the amount for coating the cathode material.
For example, after 0.2 mol of Ni0.6Co0.2Mn0.2(OH)2 reacted with Li2Co3 (Yang: paragraph 91), 0.0006 mol of Nb2O3 was added as coating (Yang: paragraph 92) to prepare LiNi0.6Co0.2Mn0.2O2 · 0.003Nb2O5 (Yang: paragraph 93) where c = 0.003. For a range of 0 ⟨c ⟨0.05 (Yang: paragraph 8), the corresponding mol of Nb2O3 to coat 0.2 mol of Ni0.6Co0.2Mn0.2(OH)2 would be 0 mol to 0.01 mol, or 0 grams to 233.81 grams.
In the context of Example 4 of Fang (paragraph 69), if 0.2 mol of LiNi0.6Co0.2Mn0.2O2 (19.3858 grams) were prepared, 0 mol to 0.01 mol, or 0 grams to 233.81 grams, would be used for coating LiNi0.6Co0.2Mn0.2O2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Additionally, modified Fang teaches the solid / liquid mass ratio: 1 to 5 (Fang: paragraph 26). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding claim 6, modified Fang teaches the second calcinating process is carried out at a heating rate of 1-10°C/min (Fang: “heating rate is 3 ～ 10 ℃ / min” paragraph 31); wherein the second calcinating process is carried out in an oxygen atmosphere (Fang: “oxygen atmosphere” paragraph 31).
Modified Fang does not specifically teach the second calcinating process is carried out at 400°C-700°C for 2-10 h.
However, modified Fang teaches the temperature is 300 ～ 800 ℃ (Fang: paragraph 31). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Additionally, modified Fang also teaches the holding time is 6 ～ 24h (Fang: paragraph 31). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fang (CN 110451585), Yang (CN 106684323), and Tsunozaki (US 9444099) as applied to claim 1 above, and further in view of Guan (CN 109273710).
Regarding claim 3, modified Fang teaches a first-stage calcinating is carried out at a first temperature of 400-800°C (Fang: “sintering temperature is 300 ～ 800 ℃” paragraph 27), and at a heating rate of 1-10°C/min (Fang: “heating rate is 3 ～ 10 ℃ / min” paragraph 27);
Modified Fang does not specifically teach the heating time is 2-8 h. Additionally, Modified Fang does not teach a second-stage calcinating is carried out at a temperature of 650-1100°C for 8-16 h.
However, modified Fang teaches the holding time is 6 ～ 24h (Fang: paragraph 27). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Additionally, Guan teaches a first sintering at 400-600 ℃ at the heating rate of 1-6 ℃/min, kept for 4-12 h (paragraph 32), and a second sintering at 720-910 ° C, kept for 14-24 h (paragraph 32).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of modified Fang to additionally perform the second sintering of Guan after performing the sintering in step (2) (Fang: paragraph 27) to promote further formation of solid phase reaction for longer time to guarantee complete single crystallization (Guan: paragraph 32). The second sintering step of Guan is applicable to the method of modified Fang, specifically step (2) of Fang, because the oxide additives of Fang, such as Al2O3, TiO2, MgO, and CaO (Fang: paragraph 24), added to the mixture of NCM and LiOH are also used as the McOd of Guan that were also mixed with Lithium, Nickel, Cobalt, and Manganese compounds prior to the first sintering (Guan: paragraph 31). The sintering condition in step (2) of Fang (“sintering temperature 300 ～ 800 ℃, heating rate 3 ～ 10 ℃ / min, and holding time 6 ～ 24h” Fang: paragraph 27) is also similar to the first sintering condition of Guan (“keeps the temperature 4-12h after rising to 400-600 DEG C with 1 DEG C/min~6 DEG C/min heating rate” Guan: paragraph 32). These two similarities would enable one of ordinary skill in the art to consider including the second sintering step for the advantages mentioned.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to An Bach Phan whose telephone number is (571)272-7244. The examiner can normally be reached M-F, 9-5 ET.
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/A.B.P./Examiner, Art Unit 1724
/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763