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 Arguments
Applicant's reply filed 6/23/2026 includes claim amendments and corresponding arguments. Applicant’s amendments are supported by the instant disclosure.
In the previous action, Yun was relied upon to teach the Claim 1 limitation “a negative electrode including a silicon-containing material.” Applicant argues the previous action lacked proper motivation to modify the negative electrode of Yun with teaching reference for Claim 7 (Honda). Applicant states “…in order to achieve the relied upon benefit of Honda the silicon containing alloy must be dispersed in a carbon material. There is no disclosure prompting a skilled artisan to derive that the relied upon benefit could be obtained by substituting a lithium material for the carbon material.” Examiner agrees with Applicant’s assertion that Honda teaches a beneficial combination of a silicon containing alloy and a carbon material in a negative electrode. However, the rejection did not substitute a lithium material with a carbon material as argued. Examiner also disagrees regarding the applicability of Honda.
Claim 1 now recites “the silicon-containing material includes a lithium-ion conductive phase, and a silicon phase dispersed in the lithium-ion conductive phase.” Yun discloses the negative electrode comprises “a silicon phase” (see silicon alloy materials in [0072]) and also comprises “a lithium-ion conductive phase” (the material that reversibly intercalates/deintercalates lithium ions may include carbon materials [0068-0075]; see Examples 1-15 for natural and artificial graphite [0083]).
The teachings of Honda are within the same field of endeavor as Yun, as Honda also teaches a negative electrode comprising a silicon phase and a carbon-based lithium-ion conductive phase (a silicon alloy and a carbon material [0015-0023, 0178]). Examiner maintains the substitution of Honda’s negative electrode material in the negative electrode of Yun is appropriate and obvious to try, and one would have a reasonable expectation of success in making such a combination, due to the shared silicon alloy/carbon compositions in both Yun and Honda’s negative electrodes. Further expectations of success can be established due to the positive electrode structure of Yun and Honda both having the claimed “lithium-transition metal composite oxide containing at least nickel as a transition metal” (Yun at [0060-0063] and Honda at [0152-0165, 0208]).
After an updated search and consideration of the amended claims, Claims 1-6, 8, and 9 are obvious over Yun in view of Honda. Claim 10, which was added by Applicant, has been searched accordingly and found obvious over an additional prior art reference (Ji et al., KR 101254689 B1).
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.
Claims 1-6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al., US 20110229770 A1, and further in view of Honda et al., US 20160336593 A1 (previously cited).
Regarding Claims 1 and 8, Yun discloses a non-aqueous secondary battery (rechargeable lithium battery 100 with non-aqueous solvent [0050-0057], Fig. 1), comprising:
a positive electrode (positive electrode 114 [0057], Fig. 1) including a lithium-transition metal composite oxide containing at least nickel as a transition metal (positive active material may include a composite oxide, see formulas including Ni [0060-0063]);
a negative electrode (negative electrode 112 [0057], Fig. 1) including a silicon-containing material
(negative active material may include Si, SiOx, a Si—Y alloy [0066-0073]);
a separator interposed between the positive electrode and the negative electrode (separator 113
interposed between the negative electrode 112 and the positive electrode 114 [0057], Fig. 1); and
a liquid electrolyte (electrolyte solution [0038-0054, 0079-0093, Tables 1-5),
wherein the liquid electrolyte contains a sultone compound (a cyclic sulfate, may be 1,3-propane sultone or 1,3-propene sultone [0008-0011]) and a nitrile compound (nitrile-based compound may be succinonitrile, glutaronitrile, adiponitrile, pimelonitrile, suberonitrile, or a combination thereof [0012]).
Regarding the claimed 1 ≤ A/B ≤ 10, where “a concentration of the sultone compound in the liquid electrolyte is A mass%, and a concentration of the nitrile compound in the liquid electrolyte is B mass%,” Yun discloses numerous electrolyte compositions covering the claimed range of 1.0 (Examples 1-4, 11, and 12) to 10 (Example 5). See Examiner’s calculated A/B values using the wt % of the sultone compound “A” (1,3-propane sultone) and the wt % of the nitrile compound “B” (succinonitrile).
Example
"A"1,3-propane sultone (wt%)
"B"succinonitrile (wt %)
A/B
1
1
1
1.0
2
1
1
1.0
3
1
1
1.0
4
1
1
1.0
5
1
0.1
10.0
6
1
0.5
2.0
7
1
3
0.3
8
1
5
0.2
9
1
7
0.1
10
1
10
0.1
11
1
1
1.0
12
1
1
1.0
13
0.1
1
0.1
14
0.5
1
0.5
15
3
1
3.0
Examiner’s calculated A/B Values, Summary of Yun Tables 1-5
Yun discloses the silicon-containing material includes a lithium-ion conductive phase (carbon materials to reversibly intercalate/deintercalate lithium ions [0070]), and a silicon phase (Si, SiOx (0<x<2), a Si—Y alloy [0072]). Yun does not disclose the silicon phase is “dispersed in the lithium-ion conductive phase,” and also does not disclose a range of 1 ≤ D/C ≤ 1.9 is satisfied, “where a content of the silicon phase in the silicon-containing material is C mass%, and a content of nickel relative to all metals other than lithium contained in the lithium-transition metal composite oxide is D mol%” (Claim 1). Yun therefore also does not disclose “1.5 ≤ D/C ≤ 1.9” (Claim 8). However, these limitations are taught by Honda.
Honda teaches a negative electrode layer mixture comprising a Si-containing alloy dispersed with a carbon material (Negative Electrode Composition A1: 1.38 parts by weight of a Si-containing alloy Si29Ti62Ge9 is mixed with 7.82 parts by weight of a carbon material [0081-0095, 0174-0184]). Honda demonstrates favorable battery capacity retention rates when the Negative Electrode Composition A1 is combined with Positive Electrode Compositions C1 or C8 [0185-0200, 0257-0267], Table 3). The positive electrode compositions of Honda are lithium composite oxide active materials including nickel ([0152-0165, 0208]), which is also required by Claim 1 and disclosed by Yun.
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to use Positive Electrode Composition C1 or C8 as the lithium transition metal composite oxide of Yun, and also use the Negative Electrode Composition A1 as the Si-containing alloy and a carbon material of Yun, in the battery of Yun, as Honda teaches the combination of C1/A1 and C8/A1 produces a battery with excellent capacity retention rates.
Examiner notes C1/A1 and C8/A1 both comprise “D” values of 45 and “C” values of 29, resulting in a “D/C” value of 1.55 (45/29 = 1.55), which is within the ranges recited in Claims 7 and 8.
Regarding Claim 2, modified Yun discloses all limitations as set forth above. Modified Yun discloses a liquid electrolyte composition within the claimed range of “2 ≤ A/B ≤ 5” (see Yun Examples 6
and 15; Tables 3 and 5).
Regarding Claim 3, modified Yun discloses all limitations as set forth above. Modified Yun discloses a liquid electrolyte composition within the claimed ranges of “0.01 ≤ A ≤ 1.5” and “0.01 ≤ B ≤ 1” (see Yun Examples 1-6, 11, and 12; Tables 1-4).
Regarding Claim 4, modified Yun discloses all limitations as set forth above. Modified Yun discloses the sultone compound has an unsaturated bond (Yun, 1,3-propane sultone or 1,3-propene sultone [0008-0011]; consistent with [0020-0031] of instant specification).
Regarding Claim 5, modified Yun discloses all limitations as set forth above. Modified Yun discloses the nitrile compound is at least one selected from the group consisting of a mononitrile compound and a dinitrile compound, and the mononitrile compound has no hydrogen at an a-position of the nitrile group (Yun, succinonitrile, glutaronitrile, adiponitrile, pimelonitrile, suberonitrile, or a combination thereof [0012]; consistent with [0032-0036] of instant specification).
Regarding Claim 6, modified Yun discloses all limitations as set forth above. Modified Yun discloses the liquid electrolyte further contains fluoroethylene carbonate (Yun, electrolyte comprises fluoroethylene carbonate [0038-0039, 0080]), and in the liquid electrolyte, a concentration of the fluoroethylene carbonate is 5 mass% or more and 20 mass% or less (Yun, the fluoroethylene carbonate may be included in an amount of about 1 to about 7 wt % based on the total weight of the electrolyte solution [0013, 0038-0039], Tables 1-5).
Regarding Claim 9, modified Yun discloses all limitations as set forth above. Modified Yun
discloses the lithium-transition metal composite oxide (Honda, C1 or C8) further contains at least one selected from the group consisting of Co, Mn, and Al (Honda, C1 and C8 each comprise Mn, see Li1.5[Ni0.45Mn0.85[Li]0.20]O3 [0152-0165, 0209]; C1 further comprises Al in an Al2O3 coating [0165]).
Regarding the limitation “0 ≤ E/C ≤ 0.1 is satisfied, where a content of cobalt relative to all metals other than lithium contained in the lithium- transition metal composite oxide is E mol%,” cobalt is an optional constituent of the claimed lithium-transition metal composite oxide. Therefore, the “E/C” limitation is not applicable to all lithium-transition metal composite oxides permitted by Claim 9.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over modified Yun as applied to Claim 1 above, and further in view of Ji et al., KR 101254689 B1 (new reference).
Regarding Claim 10, modified Yun discloses all limitations as set forth above. While modified Yun discloses the nitrile compound can be the mononitrile compound adiponitrile (), adiponitrile does not meet the limitation “the mononitrile compound has no hydrogen at an α-position of the nitrile group.” However, this limitation is taught by Ji et al.
Ji teaches to decrease electrolyte side reactions and increase battery lifespan, a halogenated benzonitrile can be added to a nonaqueous electrolyte composition to create a protective SEI film ([0023-0031]). Ji teaches in order to more quickly form the protective film, the additive should be used in an electrolyte that further comprises a fluorinated cyclic carbonate ([0022-0031]; see Examples including fluoroethylene carbonate “FEC” [0044]). Examiner notes the primary reference Yun teaches the electrolyte composition includes FEC (Yun, [0038-0039]; see Examples in [0080]).
Before the effective filing date of the present invention, it would have been obvious to a person
of ordinary skill in the art to add the halogenated benzonitrile of Ji to the liquid electrolyte of modified
Yun, as Ji teaches the additive is compatible with FEC, will decrease electrolyte side reactions, and will
also increase battery lifespan.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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