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 .
Response to Amendment
Claim 2 is cancelled.
Claims 9 – 10 are withdrawn.
Claim 1 is currently amended.
In view of the amendment, filed on 05/18/2026, the following rejections are withdrawn from the previous office action, mailed on 02/18/2026.
Rejection of claims 1-8 under 35 U.S.C. 112(b).
The following rejections are maintained for the reason of records as given in the previous office action. The bases of these rejections are the same as given in the office action, mailed on 02/18/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-8 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]),
- 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 (¶ [0049]: the anode active material may include silicon. The anode active material containing silicon, as used herein, is meant to include silicon oxide, silicon particles, and silicon alloy particles).
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) teach the negative electrode active material layer comprises a Si/C-based active material in an amount ranging from 3 part by weight to 10 parts by weight based on 100 parts by weight of the negative electrode active material (¶ [0098]: the content of the silicon is about 3% by weight based on the total weight of the Si-C composite; and ¶ [0074]: 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).
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 in an amount ranging from 3 parts by weight to 10 parts by weight 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]) further, Kono et al. (US ‘524) teach the inclusion of alkali-earth metal elements such as Ba and Sr in the lithium-containing composite oxide particles promotes the growth of primary particles, and this leads to improvements in the crystal properties of the lithium-containing composite oxide. (¶ [0078])
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] and ¶ [0078])
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]. Further, Kono et al. (US ‘524) disclose the growth of the primary particles leads to improvements in the crystal properties of the lithium-containing composite oxide (¶ [0078]).
Response to Arguments
Applicant's arguments, filed on 05/18/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that “Lee fails to teach “a lithium composite transition metal compound including… the nickel in an amount of 80 mol% or more and less than 100 mol% among the transition metals except for lithium and is in the form of a single particle.” (see remarks: page 5, 3rd paragraph)
This is not found persuasive. Lee et al. (US ‘235) disclose “the anode active material may include silicon. The anode active material containing silicon, as used herein, is meant to include silicon oxide, silicon particles, and silicon alloy particles.” See ¶ [0049]. Therefore, as to claim 1, Lee et al. (US ‘235) disclose the positive electrode active material layer includes a positive active material including a lithium composite transition metal compound…in a form of a single particle.
Regarding claim 1, further Applicant argues that Lee and Kim fail to disclose “3 parts by weight to 10 parts by weight based on 100 parts by weight of the negative electrode active material”. (see remarks: page 7, 1st – 2nd lines)
This is not found persuasive because as it has been discussed above in detail in the body of the rejection, Lee et al. (US ‘235), as to claim 1, Kim et al. (KR ‘778) teach the negative electrode active material layer comprises a Si/C-based active material in an amount ranging from 3 part by weight to 10 parts by weight based on 100 parts by weight of the negative electrode active material (¶ [0098]: the content of the silicon is about 3% by weight based on the total weight of the Si-C composite; and ¶ [0074]: 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).
Regarding claim 4, Applicant argues the prior art is missing the claimed element of “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.” (see page 8, 1st paragraph)
However, this is not found persuasive. Kono et al. (US ‘524) teach the inclusion of alkali-earth metal elements such as Ba and Sr in the lithium-containing composite oxide particles promotes the growth of primary particles, and this leads to improvements in the crystal properties of the lithium-containing composite oxide. (¶ [0078]) further, 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] and ¶ [0078])
Finally, after a full review of the submitted remarks in view of prior art rejections, it has been concluded that there are differences in interpreting the claimed subject matter and the cited references by the Applicant and the Office. Therefore, Examiner would like to suggest that if Applicant’s Counsel believes an interview can benefit the prosecution of the instant application, Applicant’s Counsel is kindly invited to contact the undersigned examiner.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
07/28/2026
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