DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US-20190081354-A1) in view of Inagaki et al. (US-20090061292-A1).
As to claim 1, Zheng discloses a lithium-ion battery [0001], comprising a positive electrode [0003], a negative electrode [0003] and an electrolyte [0003], wherein the positive electrode comprises a positive electrode active material [0037] and a conductive agent [0044];
the positive electrode active material is a manganese-containing positive electrode material [0037]; and
the electrolyte comprises a compound represented by structural formula 1 [0006]:
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wherein R1, R2, R3, R4, R5, and R6 are each independently selected from one of a hydrogen atom, a fluorine atom or a group containing 1 to 5 carbon atoms [0007-0009].
However, while Zheng does disclose a mass percentage of the compound represented by structural 1 being between 0.1% and 5% (w) [0010].
Zheng does not disclose wherein the positive electrode active material, the conductive agent and the compound represented by structural formula 1 meet the following condition:
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wherein Dr is a ratio of an average particle size of the positive electrode active material to an average particle size of the conductive agent; Tr is a ratio of a specific surface area of the positive electrode active material to a specific surface area of the conductive agent; w is a mass percentage of the compound represented by structural 1 in the electrolyte, and the unit is %.
Inagaki discloses a lithium-ion battery having a positive electrode active material and a conductive agent, wherein the ratio of the average particle size of the positive electrode active material to the average particle size of the conductive agent (Dr) is between 1.3 and 3.8 ([0047] conductive agent has a particle size of 10 micrometers or lower, [0085] primary particle is 100 nm to 1 micrometer) to maintain satisfactory charge/discharge cycle performance; and wherein the ratio of the specific surface area of the positive electrode active material to a specific surface area of the conductive agent (Tr) is between 0.25 and 1 ([0047] conductive agent has a specific surface area of 10m2/g or larger, [0086] primary particle has a specific surface area of 0.1 m2/g to 10 m2/g) to also maintain satisfactory charge/discharge cycle performance. Combining the ratios disclosed within Inagaki with the mass percentage range (w) disclosed within Zheng satisfies the condition that Dr multiplied by Tr and divided by w is greater than or equal to .5 and less than or equal to 16. It is appreciated that “[W]here 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 MPEP § 2144.05, II.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lithium-ion battery as disclosed within Zheng to further include that the ratio of the average particle size of the positive electrode active material to the average particle size of the conductive agent (Dr) is between 1.3 and 3.8 and the ratio of the specific surface area of the positive electrode active material to a specific surface area of the conductive agent (Tr) is between 0.25 and 1 to maintain satisfactory charge/discharge cycle performance while as disclosed within Inagaki to satisfy the condition that Dr multiplied by Tr and divided by w is greater than or equal to .5 and less than or equal to 16 when the mass percentage of the compound represented by structural 1 is between 0.1% and 5% (w) as disclosed within Zheng.
As to claim 2, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and Zheng further discloses wherein the mass percentage w of the compound represented by structural formula 1 in the electrolyte is 0.1%≤w%≤5% based on the total mass of the electrolyte being 100% [0010].
As to claim 3, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, but does not disclose wherein the ratio Dr of the average particle size of the positive electrode active material to the average particle size of the conductive agent meets a condition of 1.3≤Dr≤3.8.
Inagaki discloses a lithium-ion battery having a positive electrode active material and a conductive agent, wherein the ratio of the average particle size of the positive electrode active material to the average particle size of the conductive agent (Dr) is greater than or equal to 1.3 and less than or equal to 3.8 ([0047] conductive agent has a particle size of 10 micrometers or lower, [0086] primary particle is 100 nm to 1 micrometer) to maintain satisfactory charge/discharge cycle performance. It is appreciated that “[W]here 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 MPEP § 2144.05, II.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the lithium-ion battery as disclosed within Zheng to additionally include that the ratio of the average particle size of the positive electrode active material to the average particle size of the conductive agent (Dr) is greater than or equal to 1.3 and less than or equal to 3.8 to maintain satisfactory charge/discharge cycle performance as disclosed within Inagaki.
As to claim 4, modified Zheng discloses the lithium-ion battery as disclosed within claim 3, but does not disclose wherein the ratio Dr of the average particle size of the positive electrode active material to the average particle size of the conductive agent meets a condition of 1.5≤Dr≤2.5.
Inagaki discloses a lithium-ion battery having a positive electrode active material and a conductive agent, wherein the ratio of the average particle size of the positive electrode active material to the average particle size of the conductive agent (Dr) is greater than or equal to 1.5 and less than or equal to 2.5 ([0047] conductive agent has a particle size of 10 micrometers or lower, [0086] primary particle is 100 nm to 1 micrometer) to maintain satisfactory charge/discharge cycle performance. It is appreciated that “[W]here 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 MPEP § 2144.05, II.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the lithium-ion battery as disclosed within Zheng to additionally include that the ratio of the average particle size of the positive electrode active material to the average particle size of the conductive agent (Dr) is greater than or equal to 1.5 and less than or equal to 2.5 to maintain satisfactory charge/discharge cycle performance as disclosed within Inagaki.
As to claim 5, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and Zheng further discloses wherein the compound represented by structural formula 1 comprises the following compounds ([0011], table 1):
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As to claim 6, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and further discloses wherein the positive electrode active material is selected from one or more of the following materials: spinel LiMn2O4; LiNixMnyO4, where 0.5≤x<1, 1.5≤y<2; LiNizMn1-zO2, wherein 0.1≤z<1; aLi2MnO3∙(1-a)LiMO2, wherein 0<a≤1, M is selected from one or more of Ni, Co and Mn [0037].
As to claim 7, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and further discloses wherein the conductive agent is selected from one or more of Super P, [0044].
As to claim 8, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and Zheng further discloses wherein the electrolyte further comprises a lithium salt [0035], the lithium salt is selected from at least one of LiPF6, LiBF4, LiBOB, LiSbF6, LiAsF6, LiDFOB, LiN(SO2CF3)2, LiC(SO2CF3)3, LiN(SO2C2F5)2, LiN(SO2F)2, and LiBF4 [0035].
As to claim 9, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and Zheng further discloses wherein the electrolyte further comprises cyclic carbonate compound [0031]; the cyclic carbonate compound comprises one or more of vinylene carbonate, vinylethylene carbonate and fluoroethylene carbonate [0031].
As to claim 10, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and further discloses wherein the electrolyte further comprises a non-aqueous organic solvent [0033], and the non-aqueous organic solvent comprises at least one of ethylene carbonate, butylene carbonate, dimethyl carbonate, diethyl carbonate, ethyl methyl carbonate and methyl propyl carbonate [0033].
As to claim 11, modified Zheng discloses the lithium-ion battery as disclosed within claim 2, and further discloses wherein the mass percentage w of the compound represented by structural formula 1 in the electrolyte is 0.1%≤w%≤2% based on the total mass of the electrolyte being 100% [0010] (Zheng discloses 0.1-5% which overlaps the claimed range). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 12, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, but does not disclose wherein the ratio Tr of the specific surface area of the positive electrode active material to the specific surface area of the conductive agent meets a condition of 0.25≤Tr≤1.
Inagaki discloses a lithium-ion battery having a positive electrode active material and a conductive agent, wherein the ratio of the specific surface area of the positive electrode active material to the specific surface area of the conductive agent (Tr) is greater than or equal to 0.25 and less than or equal to 1 ([0047] conductive agent has a specific surface area of 10m2/g or larger, [0086] primary particle has a specific surface area of 0.1 m2/g to 10 m2/g) to maintain satisfactory charge/discharge cycle performance. It is appreciated that “[W]here 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 MPEP § 2144.05, II.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the lithium-ion battery as disclosed within Zheng to additionally include that the ratio of the specific surface area of the positive electrode active material to the specific surface area of the conductive agent (Tr) is greater than or equal to 0.25 and less than or equal to 1 to maintain satisfactory charge/discharge cycle performance as disclosed within Inagaki.
As to claim 13, modified Zheng discloses the lithium-ion battery as disclosed within claim 12, but does not disclose wherein the ratio Tr of the specific surface area of the positive electrode active material to the specific surface area of the conductive agent meets a condition of 0.3≤Tr≤0.8.
Inagaki discloses a lithium-ion battery having a positive electrode active material and a conductive agent, wherein the ratio of the specific surface area of the positive electrode active material to the specific surface area of the conductive agent (Tr) is greater than or equal to 0.3 and less than or equal to 0.8 ([0047] conductive agent has a specific surface area of 10m2/g or larger, and [0086] primary particle has a specific surface area of 0.1 m2/g to 10 m2/g) to maintain satisfactory charge/discharge cycle performance. It is appreciated that “[W]here 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 MPEP § 2144.05, II.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the lithium-ion battery as disclosed within Zheng to additionally include that the ratio of the specific surface area of the positive electrode active material to the specific surface area of the conductive agent (Tr) is greater than or equal to 0.3 and less than or equal to 0.8 to maintain satisfactory charge/discharge cycle performance as disclosed within Inagaki.
As to claim 14, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and further discloses wherein the group containing 1 to 5 carbon atoms is selected from one of a hydrocarbon group, a halogenated hydrocarbon group, an oxygen-containing hydrocarbon group, a silicon-containing hydrocarbon group and a cyano-containing hydrocarbon group [0007-0009].
As to claim 15, modified Zheng discloses the lithium-ion battery as disclosed within claim 1, and further discloses wherein R1, R2, R3, R4, R5, and R6 are each independently selected from one of a hydrogen atom, a fluorine atom, a methyl group, an ethyl group, a trimethylsiloxy group, a cyano group and a trifluoromethyl group [0007-0009].
Conclusion
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/J.J.S./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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