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
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-8 are drawn to a lithium secondary battery.
Group II, claim(s) 9 is drawn to a battery module.
Group III, claim(s) 10 is drawn to a battery pack.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I, II, and III lack unity of invention because even though the inventions of these groups require the technical feature of “a lithium secondary battery”, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Lee et al. (US 2020/0313235).
Lee et al. (US ‘235) discloses a lithium secondary battery may include: a cathode including a cathode active material; an anode including an anode active material; a separator disposed between the cathode and the anode; and an electrolyte. (see the abstract)
During a telephone conversation with Matthew J. Shatynski, on 02/09/2026, a provisional election was made with traverse to prosecute the invention of group I, claims 1-8. Affirmation of this election must be made by applicant in replying to this Office action. Claims 9-10 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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 1-8 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.
Claim 1 recites the limitation of “the form of a single particle” in 13th line. There is insufficient antecedent basis for this limitation in the claim because prior to the cited limitation, claim 1 fails to define “a form of a single particle”. Clarification 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.
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 non-obviousness.
Claim(s) 1-2, 5-6, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2020/0313235) in view of Kim et al. (KR 20210119778), the following rejection relies on attached English translation of KR 20210119778.
Lee et al. (US ‘235) discloses a lithium secondary battery may include: a cathode including a cathode active material; an anode including an anode active material; a separator disposed between the cathode and the anode; and an electrolyte. (see the abstract)
As to claim 1, Lee et al. (US ‘235) discloses a lithium secondary battery comprising:
- a positive electrode (an anode including an anode active material, ¶ [0009]);
- a negative electrode (a cathode including a cathode active material ¶ [0009]);
- a separator provided between the positive electrode and the negative electrode (a separator disposed between the cathode and the anode); and
- an electrolyte (¶ [0009]),
- wherein the positive electrode includes a positive electrode current collector and a positive electrode active material layer provided on the positive electrode current collector (a current collector of the electrode, ¶ [0047]), and
- the negative electrode includes a negative electrode current collector and a negative electrode active material layer provided on the negative electrode current collector (a current collector of the electrode, ¶ [0047]), and
- the positive electrode active material layer includes a positive electrode active material including a lithium composite transition metal compound including nickel, cobalt and manganese (the lithium ternary (Ni—Mn—Co) cathode active material, ¶ [0055]), the nickel in an amount of 80 mol % or more and less than 100 mol % among the transition metals except for lithium (page 7, Table 1, Molar Ratio of Ni is ranged from position no. 1-12) and is in a form of a single particle (¶ [0010]).
Lee et al. (US ‘235) discloses the anode active material comprises a silicon-carbon (Si-C) composite, wherein the content of silicon in the silicon-carbon composite is about 5 wt % to 90 wt % with respect to the total weight of the anode active material. (¶ [0021] and ¶ [0023]) However, Lee et al. (US ‘235) is silent on disclosing the negative electrode active material layer includes a Si/C-based active material in an amount of 3 parts by weight or more based on 100 parts by weight of the negative electrode active material, as claimed in claim 1.
In the analogous art, Kim et al. (KR ‘778) discloses the negative active material according to an embodiment may include a Si-C composite including a Si-based active material and a carbon-based active material. (¶ [0071])
Further, Kim et al. (KR ‘778) disclose the Si-based active material may be included in an amount of 1 to 60% by weight based on the total weight of the Si-C composite, for example 3 to 60% by weight. (¶ [0074])
Moreover, Kim et al. (KR ‘778) teach when the average particle diameter of the Si-based active material is within the above range, volume expansion occurring during charging and discharging may be suppressed, and interruption of a conductive path due to particle crushing during charging and discharging may be prevented. (¶ [0073])
Therefore, as to claim 1, Kim et al. (KR ‘778) disclose the negative electrode active material layer includes a Si/C-based active material (¶ [0071]) in an amount of 3 parts by weight or more based on 100 parts by weight of the negative electrode active material (¶ [0074]).
As to claim 2, Kim et al. (KR ‘778) teach the negative electrode active material layer comprises a Si/C-based active material in an amount of 10 parts by weight or less based on 100 parts by weight of the negative electrode active material (¶ [0074]).
As to claim 8, Kim et al. (KR ‘778) disclose the lithium secondary battery is a cylindrical battery (the lithium secondary batteries can be classified into lithium-ion batteries, lithium-ion polymer batteries, and lithium polymer batteries depending on the type of separator and electrolyte used, and can be classified into cylindrical, prismatic, coin-type, pouch-type, etc. according to the shape, ¶ [0002])
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the negative electrode active material layer, as taught by Lee et al. (US ‘235), through including a Si/C-based active material for the negative electrode active material layer in an amount of 3 parts by weight or more based on 100 parts by weight of the negative electrode active material in order to suppress occurring the volume expansion during charging and discharging and to prevent interrupting of a conductive path due to particle crushing during charging and discharging, as suggested by Kim et al. (KR ‘778).
As to claim 5, Lee et al. (US ‘235) discloses the positive electrode active material layer includes a positive electrode binder and a conductive material. (The electrode includes an electrode active material and a binder. Specifically, the electrode may be formed by applying an electrode slurry obtained by mixing an electrode active material, a binder, a solvent, and a conductive material, ¶ [0047]).
As to claim 6, Lee et al. (US ‘235) teaches the negative electrode active material layer includes a carbon-based active material (¶ [0050] and ¶ [0051])
Claim(s) 3 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US ‘235) in view of Kim et al. (KR ‘778) and further in view of Mah et al. (US 8,617,746).
The combined disclosure of Lee et al. (US ‘235) in view of Kim et al. (KR ‘778) disclose all the structural limitations of a lithium secondary battery, as claimed in claims 1-2 and 5-8, however, fail to disclose Si/C-based active material has a capacity of 1,500 mAh/g to 3,000 mAh/g, as claimed in claim 3.
In the analogous art, Mah et al. (US ‘746) disclose a lithium battery comprising: a cathode; an anode including a metal current collector and an anode active material, the anode active material including an Si/C composite, the Si/C composite including silicon (Si) particles having pores, and carbon embedded within the pores of Si particles and/or coated with the Si particles, and an electrolyte solution. (col. 12, lines 20-28)
As to claim 3, Mah et al. (US ‘746) discloses Si/C-based active material has a capacity of 1,500 mAh/g to 3,000 mAh/g. (col. 10, lines 63-67 and col. 11, lines 1-14)
Further, as to claim 7, Mah et al. (US ‘746) teach the Si/C-based active material does not have a SiC peak in an XRD diffraction pattern, and comprises Si in an amount of 90 wt % or more with respect to a total amount of Si and C. (col. 5, lines 14-20 and col. 10, lines 47-55)
Therefore, it would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the Si/C-based active material, as taught by combined teachings of Lee et al. (US ‘235) in view of Kim et al. (KR ‘778), so for the Si/C-based active material to have a capacity of 1,500 mAh/g to 3,000 mAh/g and further the Si/C-based active material does not have a SiC peak in an XRD diffraction pattern and comprises Si in an amount of 90 wt % or more with respect to a total amount of Si and C in order to suppress deteriorating the initial coulombic efficiency or the capacity retention, as suggested by Mah et al. (US ‘746): col. 2, lines 41-42.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US ‘235) in view of Kim et al. (KR ‘778) and further in view of Kono et al. (US 2012/0282524).
The combined disclosure of Lee et al. (US ‘235) in view of Kim et al. (KR ‘778) disclose all the structural limitations of a lithium secondary battery, as claimed in claims 1-2 and 5-8, however, fail to disclose the lithium composite transition metal compound including nickel, cobalt and manganese, comprises 80 mol % or more and less than 100 mol % of nickel among the transition metals except for lithium, and is in the form of a single particle in an amount of 90 parts by weight to 100 parts by weight with respect to 100 parts by weight of the positive electrode active material, as claimed in claim 4.
In the analogous art, Kono et al. (US ‘524) discloses in terms of improving the capacity of the lithium-containing composite oxide, a as the percentage of Ni is preferably 70 mol % or more, and more preferably 80 mol % or more, where the percentage of all of the elements making up the element group M in the general composition formula (1) representing the lithium-containing composite oxide is 100 mol %. (¶ [0063])
Therefore, as to claim 4, Kono et al. (US ‘524) discloses the lithium composite transition metal compound including nickel, cobalt and manganese, comprises 80 mol % or more and less than 100 mol % of nickel among the transition metals except for lithium, and is in the form of a single particle in an amount of 90 parts by weight to 100 parts by weight with respect to 100 parts by weight of the positive electrode active material. (¶ [0063])
It would have been obvious for one of ordinary skill in the art, prior to the time of applicant’s invention, to modify the lithium composite transition metal compound, as taught by combined teachings of Lee et al. (US ‘235) in view of Kim et al. (KR ‘778), to include nickel, cobalt and manganese, comprises 80 mol % or more and less than 100 mol % of nickel among the transition metals except for lithium, and is in the form of a single particle in an amount of 90 parts by weight to 100 parts by weight with respect to 100 parts by weight of the positive electrode active material in order to improve the functioning of the battery through preventing the deterioration of the battery characteristics, as suggested by Kono et al. (US ‘524): see ¶ [0008].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEYED MASOUD MALEKZADEH whose telephone number is (571)272-6215. The examiner can normally be reached M-F 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SUSAN D. LEONG can be reached at (571)270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEYED MASOUD MALEKZADEH/Primary Examiner
Art Unit 1754 02/12/2026