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 .
Status of Claims
In the preliminary amendment filed July 31, 2023, Applicant amended claims 1-7 and 11. Claims 1-11 are pending in the current application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) received on July 31, 2023, October 9, 2024, and January 3, 2025, has been considered by examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
“a first positive electrode active material layer disposed on the positive electrode collector, wherein the first positive electrode material layer includes a first positive electrode active material” should be “a first positive electrode active material layer disposed on the positive electrode collector, wherein the first positive electrode active material layer includes a first positive electrode active material” Appropriate correction is required.
“wherein the first positive electrode active material and the second positive electrode active material comprise a first lithium nickel-cobalt-based oxide and a second lithium nickel-cobalt oxide, wherein each lithium nickel-cobalt oxide include an amount of nickel among total metallic components, excluding lithium of 80 atm% or more” should be “wherein the first positive electrode active material and the second positive electrode active material comprise a first lithium nickel-cobalt-based oxide and a second lithium nickel-cobalt-based oxide, wherein each lithium nickel-cobalt-based oxide include an amount of nickel among total metallic components, excluding lithium of 80 atm% or more.” 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.
Claims 1, 2, 5-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0267621 A1) in view of Min et al. (US 2020/0395603 A1).
Regarding claim 1, Lee discloses a positive electrode comprising:
a positive electrode collector (Paragraph [0025]: a positive electrode including…a positive electrode collector);
a first positive electrode active material layer disposed on the positive electrode collector, wherein the first positive electrode material layer includes a first positive electrode active material (Paragraph [0025]: wherein the positive electrode active material layer has a double-layer structure which includes a first positive electrode active material layer formed on the positive electrode collector); and
a second positive electrode active material layer disposed on the first positive electrode active material layer, wherein the second positive electrode active material layer includes a second positive electrode active material (Paragraph [0025]: wherein the positive electrode active material layer has a double-layer structure which includes…a second positive electrode active material layer formed on the first positive electrode active material layer),
wherein the first positive electrode active material and the second positive electrode active material comprise a first lithium nickel-cobalt-based oxide and a second lithium nickel-cobalt oxide (Paragraphs [0033] and [0035]: the first positive electrode active material layer may include an olivine-structured first positive electrode active material represented by Formula 1 below. Li.sub.1+a1Fe.sub.1−x1M.sub.x1(PO.sub.4−y1)X.sub.y1. M is at least one element selected from the group consisting of aluminum (Al), magnesium (Mg), nickel (Ni), cobalt (Co), and Paragraph [0049]: The second positive electrode active material layer may include a layer-structured second positive electrode active material with high-capacity characteristics represented by Formula 2 below. Li.sub.1+x(Ni.sub.aCO.sub.bM′.sub.c).sub.1−xO.sub.2).
Lee discloses the limitations above. Lee does not explicitly disclose:
wherein each lithium nickel-cobalt oxide include an amount of nickel among total metallic components, excluding lithium of 80 atm% or more,
wherein the first positive electrode active material has a molar ratio of nickel to cobalt of 18 or more, and
wherein the second positive electrode active material has a molar ratio of nickel to cobalt of less than 18.
Min teaches:
wherein each lithium nickel-cobalt oxide include an amount of nickel among total metallic components, excluding lithium of 80 atm% or more (Paragraphs [0031]: The first positive electrode active material may be, for example, one or more selected from… LiNi.sub.0.9Co.sub.0.05Mn.sub.0.05O.sub.2 (90 atm% nickel among metallic components excluding lithium and [0032]: The second positive electrode active material may be, for example, one or more selected from…LiNi.sub.0.8Co.sub.0.1Mn.sub.0.1O.sub.2 (80 atm% nickel among metallic components excluding lithium)),
wherein the first positive electrode active material has a molar ratio of nickel to cobalt of 18 or more (Paragraph [0031]: molar ratio Ni/Co using LiNi.sub.0.9Co.sub.0.05Mn.sub.0.05O.sub.2 is 18 ), and
wherein the second positive electrode active material has a molar ratio of nickel to cobalt of less than 18 (Paragraph [0032]: molar ratio Ni/Co using LiNi.sub.0.8Co.sub.0.1Mn.sub.0.1O.sub.2 is 8 ).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee to disclose wherein each lithium nickel-cobalt oxide include an amount of nickel among total metallic components, excluding lithium of 80 atm% or more, wherein the first positive electrode active material has a molar ratio of nickel to cobalt of 18 or more, and wherein the second positive electrode active material has a molar ratio of nickel to cobalt of less than 18 as taught by Min. Lee discloses a positive electrode active material that includes Nickel and Cobalt to improve stability of the lithium secondary battery (Lee Paragraphs [0018] and [0035]). Using the positive electrode active material containing the Nickel-Cobalt molar ratio of Min would provide improved cycle life characteristics and charge-discharge rate capability because of the high nickel content.
Regarding claim 2, Lee does not explicitly disclose:
wherein the first positive electrode active material has the molar ratio of the nickel to the cobalt of 18 to 50, and wherein the second positive electrode active material has the molar ratio of the nickel to the cobalt of 5 to 17.8.
Min teaches:
wherein the first positive electrode active material has the molar ratio of the nickel to the cobalt of 18 to 50, and wherein the second positive electrode active material has the molar ratio of the nickel to the cobalt of 5 to 17.8 (Paragraphs [0031] and [0032]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee to disclose wherein the first positive electrode active material has the molar ratio of the nickel to the cobalt of 18 to 50, and wherein the second positive electrode active material has the molar ratio of the nickel to the cobalt of 5 to 17.8 as taught by Min. Lee discloses a positive electrode active material that includes Nickel and Cobalt to improve stability of the lithium secondary battery (Lee Paragraphs [0018] and [0035]). Using the positive electrode active material containing the Nickel-Cobalt molar ratio of Min would provide improved cycle life characteristics and charge-discharge rate capability because of the high nickel content.
Regarding claim 5, Lee does not explicitly disclose:
wherein the first positive electrode active material has the amount of nickel among the total metallic components, excluding lithium, in a range of 90 mol% or more, and wherein the second positive electrode active material has the amount of nickel among the total metallic components, excluding lithium, in a range of 80 mol% to less than 90 mol%.
Min teaches:
wherein the first positive electrode active material has the amount of nickel among the total metallic components, excluding lithium, in a range of 90 mol% or more, and wherein the second positive electrode active material has the amount of nickel among the total metallic components, excluding lithium, in a range of 80 mol% to less than 90 mol% (Paragraph [0031] and [0032]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee to disclose wherein the first positive electrode active material has the amount of nickel among the total metallic components, excluding lithium, in a range of 90 mol% or more, and wherein the second positive electrode active material has the amount of nickel among the total metallic components, excluding lithium, in a range of 80 mol% to less than 90 mol% as taught by Min. Lee discloses a positive electrode active material that includes Nickel and Cobalt to improve stability of the lithium secondary battery (Lee Paragraphs [0018] and [0035]). Using the positive electrode active material containing the Nickel-Cobalt molar ratio of Min would provide improved cycle life characteristics and charge-discharge rate capability because of the high nickel content.
Regarding claim 6, Lee does not explicitly disclose:
wherein the first positive electrode active material comprises the first lithium nickel-cobalt-based oxide represented by [Formula 1]:
[Formula 1]
Lia1[Nix1Coy1M1z1iM2w1]02
M1 is manganese (Mn), aluminum (Al), or a combination thereof,
M2 is at least one selected from the group consisting of zirconium (Zr), boron (B), tungsten (W), magnesium (Mg), cerium (Ce), hafnium (Hf), tantalum (Ta), lanthanum (La), titanium (Ti), strontium (Sr), barium (Ba), fluorine (F), phosphorus (P), and sulfur (S), and
wherein a1, x1, y1, z1, and w1 are 0.8≤a1≤1.2, 0.90≤x1<1, 0<y1<0.10, 0<z1<0.10, 0≤w1<0.10, and
wherein 18≤x1/y1.
Min teaches:
wherein the first positive electrode active material comprises the first lithium nickel-cobalt-based oxide represented by [Formula 1]:
[Formula 1]
Lia1[Nix1Coy1M1z1iM2w1]02
M1 is manganese (Mn), aluminum (Al), or a combination thereof,
M2 is at least one selected from the group consisting of zirconium (Zr), boron (B), tungsten (W), magnesium (Mg), cerium (Ce), hafnium (Hf), tantalum (Ta), lanthanum (La), titanium (Ti), strontium (Sr), barium (Ba), fluorine (F), phosphorus (P), and sulfur (S), and
wherein a1, x1, y1, z1, and w1 are 0.8≤a1≤1.2, 0.90≤x1<1, 0<y1<0.10, 0<z1<0.10, 0≤w1<0.10, and
wherein 18≤x1/y1 (Paragraph [0018]: The first positive electrode active material may be at least one selected from LiNi.sub.0.7Co.sub.0.15Mn.sub.0.15O.sub.2, LiNi.sub.0.8Co.sub.0.1Mn.sub.0.1O.sub.2, LiNi.sub.0.9Co.sub.0.05Mn.sub.0.05O.sub.2, and LiNi.sub.0.8Co.sub.0.15Al.sub.0.05O.sub.2. ).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee to disclose wherein the first positive electrode active material comprises the first lithium nickel-cobalt-based oxide represented by [Formula 1] as taught by Min. Lee discloses a second positive electrode active material that is a lithium nickel cobalt-based oxide to improve stability of the lithium secondary battery (Lee Paragraphs [0018] and [0049]). Using the positive electrode active material of Min would provide a secondary battery capable of improving high-temperature characteristics while maintaining energy density (Min Abstract).
Regarding claim 7, Lee discloses the positive electrode of claim 1, wherein the second positive electrode active material comprises the second lithium nickel-cobalt-based oxide represented by [Formula 2]:
[Formula 2] Lia2[Nix2Coy2M3z2M4w2]O2
M3 is Mn, Al, or a combination thereof,
M4 is at least one of Zr, B, W, Mg, Ce, Hf, Ta, La, Ti, Sr, Ba, F, P,or S, and
wherein a2, x2, y2, z2, and w2 are 0.8≤a2≤1.2,0.80≤x2<0.90,0<y2<0.20, 0<z2<0.20, 0≤w2<0.20, and wherein x2/y2<18 (Paragraphs [0049] and [0050]: The second positive electrode active material layer may include a layer-structured second positive electrode active material with high-capacity characteristics represented by Formula 2 below. Li.sub.1+x(Ni.sub.aCO.sub.bM′.sub.c).sub.1−xO.sub.2 [Formula 2] [0050] In Formula 2, M′ is at least one element selected from the group consisting of Mn, Al, Ti, Ga, Cu, V, Nb, Zr, Ce, In, Zn, and Y, 0<a<1, 0<b<1, 0<c<1, and −0.1≤x≤0.2, preferably 0.3<a<1, 0.1≤b<1, and 0.1≤c<1, and more preferably 0.5≤a<1, 0.1≤b≤0.3, and 0.1≤c≤0.3.
Regarding claim 8, Lee discloses positive electrode of claim 1, wherein the second positive electrode active material layer has a thickness of 10 µm or less (Paragraph [0060]: A thickness of the second positive electrode active material layer is not particularly limited, and the second positive electrode active material layer may be formed by changing the thickness according to capacity of the secondary battery to be prepared, and Paragraph [0047]: The first positive electrode active material layer may have a thickness of 30 μm or less, preferably 0.1 μm to 20 μm, and more preferably 1 μm to 10 μm).
Regarding claim 11, Lee discloses a lithium secondary battery comprising the positive electrode of claim 1, and an electrolyte (Paragraph [0062]: The lithium secondary battery specifically includes a positive electrode, a negative electrode disposed to face the positive electrode, a separator disposed between the positive electrode and the negative electrode, and an electrolyte, wherein the positive electrode is as described above).
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0267621 A1) in view of Min et al. (US 2020/0395603 A1) in further view of Hong et al. (US 11,515,521 B2).
Regarding claim 3, Lee, in view of Min, does not explicitly disclose:
wherein the first positive electrode active material has a cation mixing of greater than 1.2%, and wherein the second positive electrode active material has a cation mixing of 1.2% or less.
Hong teaches:
wherein the first positive electrode active material has a cation mixing of greater than 1.2%, and wherein the second positive electrode active material has a cation mixing of 1.2% or less (Column 4, lines 18-21: positive electrode active material… a Ni atomic concentration (at%) of nickel (Ni) with respect to the total amount of non-lithium metals in the core, and cation mixing is less than or equal to about 3%).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee, in view of Min, to disclose wherein the first positive electrode active material has a cation mixing of greater than 1.2%, and wherein the second positive electrode active material has a cation mixing of 1.2% or less as taught by Hong. Lee, in view of Min, discloses positive electrode active material to improve stability of the lithium secondary battery (Lee Paragraph [0018]). Using the positive electrode active material cation mixing ranges of Hong would provide a positive active material having an ideal layered structure with decreased cation mixing (Hong Column 1, lines 59-61).
Regarding claim 4, Lee, in view of Min, does not explicitly disclose:
wherein the first positive electrode active material has the cation mixing in a range of greater than 1.2% to 2%, and wherein the second positive electrode active material has the cation mixing in a range of 1.0% or less.
Hong teaches:
wherein the first positive electrode active material has the cation mixing in a range of greater than 1.2% to 2%, and wherein the second positive electrode active material has the cation mixing in a range of 1.0% or less (Column 4, lines 18-21: positive electrode active material… a Ni atomic concentration (at%) of nickel (Ni) with respect to the total amount of non-lithium metals in the core, and cation mixing is less than or equal to about 3%).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee, in view of Min, to disclose wherein the first positive electrode active material has the cation mixing in a range of greater than 1.2% to 2%, and wherein the second positive electrode active material has the cation mixing in a range of 1.0% or less as taught by Hong. Lee, in view of Min, discloses positive electrode active material to improve stability of the lithium secondary battery (Lee Paragraph [0018]). Using the positive electrode active material cation mixing ranges of Hong would provide a positive active material having an ideal layered structure with decreased cation mixing (Hong Column 1, lines 59-61).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0267621 A1) in view of Min et al. (US 2020/0395603 A1) in further view of Kim et al. (US 2020/0388877 A1).
Regarding claim 9, Lee, in view of Min, does not explicitly disclose:
wherein the positive electrode has a loading amount of 4 mAh/cm2 or more.
Kim teaches:
wherein the positive electrode has a loading amount of 4 mAh/cm2 or more (Paragraph [0115]: The lithium secondary battery of the present invention may secure high capacity by using the highly loaded positive electrode having a loading capacity…for example, 4 mAh/cm.sup.2 or more).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee, in view of Min, to disclose wherein the positive electrode has a loading amount of 4 mAh/cm2 or more as taught by Kim. Lee, in view of Min, discloses a positive electrode active material to improve stability of the lithium secondary battery (Lee Paragraph [0018]). Using the positive electrode loading capacity of Kim would provide improved storage characteristics, life characteristics, and capacity characteristics after storage or charge and discharge at high temperature as well as low-temperature resistance characteristics (Kim Paragraph [0044]).
Regarding claim 10, Lee, in view of Min, does not explicitly disclose:
wherein the positive electrode has the loading amount of 4 mAh/cm2 to 20 mAh/cm2.
Kim teaches:
wherein the positive electrode has the loading amount of 4 mAh/cm2 to 20 mAh/cm2 (Paragraph [0115]: The lithium secondary battery of the present invention may secure high capacity by using the highly loaded positive electrode having a loading capacity…for example, 4 mAh/cm.sup.2 or more).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Lee, in view of Min, to disclose wherein the positive electrode has the loading amount of 4 mAh/cm2 to 20 mAh/cm2 as taught by Kim. Lee, in view of Min, discloses a positive electrode active material to improve stability of the lithium secondary battery (Lee Paragraph [0018]). Using the positive electrode loading capacity of Kim would provide improved storage characteristics, life characteristics, and capacity characteristics after storage or charge and discharge at high temperature as well as low-temperature resistance characteristics (Kim Paragraph [0044]).
Conclusion
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/CHINYERE MPAMUGO/Primary Examiner, Art Unit 3685
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