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 .
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) 1-4, 6-10 & 12-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. KR 102166645B1 in view of Zhamu et al. US Pub. 2020/0313170 and further in view of Momma et al., WO 2020026078A1.
With respect to claim 1, Yoo teaches a secondary battery (secondary battery , See the Abstract), comprising: a positive electrode and a negative electrode (positive electrode material, negative electrode material; See BACKGROUND-ART, paragraph 1), wherein the negative electrode comprises a first active material (negative electrode active material includes a core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), a second active material (shell made of a silicon-carbon nanotube composite in the core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), and a graphene compound (graphene coated on the shell; teaching claim 1), wherein at least part of a surface of the first active material comprises a region covered with the second active material (graphite first active material is coated with silicon-carbon nanotube composite second active material; teaching claim 1), wherein at least part of a surface of the second active material comprise a region covered with the graphene compound (silicon-carbon nanotube composite second active material covered with graphene; teaching claim 1), wherein the first active material comprises graphite (graphite first active material; teaching claim 1), wherein the second active material comprises silicon (silicon-carbon nanotube composite second active material; teaching claim 1). With respect to claim 2, Yoo teaches a secondary battery (secondary battery , See the Abstract), comprising: a positive electrode and a negative electrode (positive electrode material, negative electrode material; See BACKGROUND-ART, paragraph 1), wherein the negative electrode comprises a first active material (negative electrode active material includes a core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), a second active material (shell made of a silicon-carbon nanotube composite in the core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), and a graphene compound (graphene coated on the shell; teaching claim 1), wherein at least part of a surface of the first active material comprises a region covered with the second active material (graphite first active material is coated with silicon-carbon nanotube composite second active material; teaching claim 1), wherein at least part of a surface of the second active material comprise a region covered with the graphene compound (silicon-carbon nanotube composite second active material covered with graphene; teaching claim 1), wherein the first active material comprises graphite (graphite first active material; teaching claim 1), wherein the second active material comprises silicon (silicon-carbon nanotube composite second active material; teaching claim 1), and wherein the second active material has a Si-Si bond in a fully charged state (silicon-carbon nanotube composite second active material is SiO; See DESCRIPTION-OF-EMBODIMENTS, paragraph 4). Examiner’s Note: SiO has Si-Si bond when fully charged because lithium removes oxygen when charged. Lithium ions can smoothly move to the core and the shell, thereby improving the operating performance of the battery. See DESCRIPTION-OF-EMBODIMENTS, paragraph 2. With respect to claim 3, Yoo teaches a secondary battery (secondary battery , See the Abstract), comprising: a positive electrode and a negative electrode (positive electrode material, negative electrode material; See BACKGROUND-ART, paragraph 1), wherein the negative electrode comprises a first active material (negative electrode active material includes a core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), a second active material (shell made of a silicon-carbon nanotube composite in the core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), and a graphene compound (graphene coated on the shell; teaching claim 1), wherein at least part of a surface of the first active material comprises a region covered with the second active material (graphite first active material is coated with silicon-carbon nanotube composite second active material; teaching claim 1), wherein at least part of a surface of the second active material comprise a region covered with the graphene compound (silicon-carbon nanotube composite second active material covered with graphene; teaching claim 1), wherein the first active material comprises graphite (graphite first active material; teaching claim 1), wherein the second active material comprises silicon (silicon-carbon nanotube composite second active material; teaching claim 1).
With respect to claim 4, Yoo teaches a secondary battery (secondary battery , See the Abstract), comprising: a positive electrode and a negative electrode (positive electrode material, negative electrode material; See BACKGROUND-ART, paragraph 1), wherein the negative electrode comprises a first active material (negative electrode active material includes a core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), a second active material (shell made of a silicon-carbon nanotube composite in the core of graphite material; See DESCRIPTION-OF-EMBODIMENTS, paragraph 2), and a graphene compound (graphene coated on the shell; teaching claim 1), wherein at least part of a surface of the first active material comprises a region covered with the second active material (graphite first active material is coated with silicon-carbon nanotube composite second active material; teaching claim 1), wherein at least part of a surface of the second active material comprise a region covered with the graphene compound (silicon-carbon nanotube composite second active material covered with graphene; teaching claim 1), wherein the first active material comprises graphite (graphite first active material; teaching claim 1), wherein the second active material comprises silicon (silicon-carbon nanotube composite second active material; teaching claim 1), and wherein the second active material has a Si-Si bond in a fully charged state (silicon-carbon nanotube composite second active material is SiO; See DESCRIPTION-OF-EMBODIMENTS, paragraph 4). Examiner’s Note: SiO has Si-Si bond when fully charged because lithium removes oxygen when charged. Lithium ions can smoothly move to the core and the shell, thereby improving the operating performance of the battery. See DESCRIPTION-OF-EMBODIMENTS, paragraph 2.
With respect to claim 7, 15, 16 & 17, the first active material comprises graphite with a particle diameter of greater than or equal to 5 µm ( primary particle size of the graphite is preferably a D50 of 1 to 7㎛; See DESCRIPTION-OF-EMBODIMENTS, paragraph 7) , and wherein the second active material comprises silicon with a particle diameter of less than or equal to 250 nm (SiOx particles having a size of 10 to 200 nm; See DESCRIPTION-OF-EMBODIMENTS, paragraph 4).
Examiner’s Note: the machine translation of Yoo provided appears to have inconsistencies about the graphene layer also being on the core graphite material. See the abstract and DESCRIPTION-OF-EMBODIMENTS, paragraph 2. However, the method shows mixing the core-shell material with graphene, so it appears that the graphene is on the shell and not also on the core material. See DESCRIPTION-OF-EMBODIMENTS, paragraph 11.
Yoo does not teach or suggest: at least part of the surface of the first active material each comprise a region covered with the graphene compound (claims 1-4); wherein capacity of the positive electrode is greater than or equal to 50 % and less than 100 % of capacity of the negative electrode (claims 1 & 3); the electrolyte comprises an ionic liquid (claims 3 & 4); the positive electrode active material comprises lithium cobalt oxide comprising magnesium, fluorine, aluminum, and nickel, and wherein a surface portion of the lithium cobalt oxide comprises a region with the highest concentration of one or more selected from the magnesium, the fluorine, and the aluminum (claims 6, 12-14); vehicle comprising the secondary battery (claim 8); power storage system comprising the secondary battery (claim 9); electronic device comprising the secondary battery (claim 10).
Zhamu teaches that it is well known in the art to employ: at least part of the surface of the first active material region covered with the graphene compound (graphite first active material encapsulated with graphene; See the Abstract; claims 1-4). The anode material provides: exhibit a high cycle life, high reversible capacity, low irreversible capacity, . See paragraph [0014].
Momma teaches that it is well known in the art to employ: capacity of the positive electrode is greater than or equal to 50 % and less than 100 % of capacity of the negative electrode (positive electrode of lithium cobalt oxide with nickel ,fluorine, magnesium and aluminum; See <Step S24, Step S25> section, paragraph 4; claims 1 & 3). Regarding the capacity, it would have been reasonable to expect the positive electrode material to have the same capacity set forth by Applicant. In accordance with MPEP 2112.01, “[p]roducts of identical chemical composition cannot have mutually exclusive properties. ”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In the instant case, capacity of the positive electrode is greater than or equal to 50 % and less than 100 % of capacity of the negative electrode is necessarily present; claims 1 & 3);the electrolyte comprises an ionic liquid (ionic electrolyte, See “[electrolyte]” section, paragraph 2; claims 3 & 4); the positive electrode active material comprises lithium cobalt oxide comprising magnesium, fluorine, aluminum, and nickel, and wherein a surface portion of the lithium cobalt oxide comprises a region with the highest concentration of one or more selected from the magnesium, the fluorine, and the aluminum (positive electrode of lithium cobalt oxide with nickel ,fluorine, magnesium and aluminum; See <Step S24, Step S25> section, paragraph 4; magnesium concentration in the surface layer of the particles is preferably higher than the average of the entire particle, See “Surface” section, paragraph 1; one or more metals selected from aluminum the concentration of the metal in the surface layer of the particles is higher than the average of the entire particles, See “Surface” section, paragraph 2; it is preferable that the concentration of the halogen such as fluorine in the surface layer portion of the positive electrode active material 100A is higher than the average of the whole particles, See “Surface” section, paragraph 3; claims 6, 12-14); vehicle comprising the secondary battery (electric vehicle ; Embodiment 5; claim 8); power storage system comprising the secondary battery (mobile phones, smartphones, tablets, and notebook computers; See Background, claim 9); electronic device comprising the secondary battery (plug-in hybrid vehicles (PHEV) See Background, claim 10).
Yoo, Zhamu and Momma are analogous art from the same field of endeavor, namely fabricating lithium secondary batteries.
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 graphene compound coating (claims 1-4) of Zhamu, to cover the graphite first active material of Yoo, in order to provide high cycle life, high reversible capacity, low irreversible capacity, as taught by Zhamu. Zhamu teaches graphite core coated with graphene, providing a high cycle life, high reversible capacity, low irreversible capacity, . See paragraph [0014].
With respect to the capacity of the positive electrode being greater than or equal to 50 % and less than 100 % of capacity of the negative electrode (claims 1 & 3); it would have been obvious to employ the positive electrode of lithium cobalt oxide with nickel ,fluorine, magnesium and aluminum of Momma, in the secondary battery of Yoo in view of Zhamu, to improve the cycle characteristics and increasing the capacity as taught by Momma. See Momma background paragraph 3. Regarding the capacity, it would have been reasonable to expect the positive electrode material to have the same capacity set forth by Applicant. In accordance with MPEP 2112.01, “[p]roducts of identical chemical composition cannot have mutually exclusive properties. ”A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In the instant case, capacity of the positive electrode is greater than or equal to 50 % and less than 100 % of capacity of the negative electrode is necessarily present. 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) 5 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoo et al. KR 102166645B1 in view of Zhamu et al. US Pub. 2020/0313170 and further in view of Momma et al., WO 2020026078A1, and further in view of Ogawa et al, JP 2020187887.
Yoo in view of Zhamu and Momma teach a secondary battery as described in the rejection recited hereinabove.
Yoo does not teach or suggest: the ionic liquid comprising LiFSI at 2 mol/L or more, and EMI-FSI (claims 5 & 11).
Ogawa teaches that it is well known in the art to employ: the ionic liquid comprising LiFSI at 2 mol/L or more, and EMI-FSI (claims 5 & 11).
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 ionic liquid comprising LiFSI at 2 mol/L or more, and EMI-FSI of Ogawa, as the electrolyte of Yoo in view of Zhamu and Momma, as the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). 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.).
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