DETAILED ACTON
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 14, 2026 has been entered.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3-5, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 108695506 A, see also the provided English translation).
Regarding Claim 1, Zhang discloses a positive electrode composite material for a lithium ion secondary battery ([0006], [0066]), comprising:
a positive electrode active material ([0066], lithium nickel cobalt aluminum oxide); and
a positive electrode additive, wherein the positive electrode additive comprises Na2O2 ([0066], sodium peroxide).
Regarding Claims 3-4, Zhang discloses all of the limitations as set forth above and further discloses wherein: relative to a total of 100 wt% of the positive electrode active material and the positive electrode additive, the positive electrode additive has a content of about 2.5 wt% ([0018], [0059]-[0060], [0066], 5% sodium peroxide (MW= 78 g/mol) of the molar mass of LiNi0.85Co0.165Al0.5O2 (MW= 81 g/mol) is about 2.5 wt%), which falls within and therefore reads on the instantly claimed ranges of 0.1 wt% - 10 wt%, and further 0.5 wt% - 4 wt%.
Regarding Claim 5, Zhang discloses a positive electrode for a lithium ion secondary battery, comprising the positive electrode composite material set forth above ([0066]).
Regarding Claim 11, Zhang discloses a lithium ion secondary battery comprising the positive electrode comprising the positive electrode composite material as set forth above ([0006], [0066]), e.g. coin cell that is charged and discharged); and
a negative electrode ([0066], wherein the coin cell necessarily and inherently comprises a negative electrode in order to successfully function as a lithium ion secondary battery).
Regarding Claim 20, Zhang discloses a positive electrode composite material for a lithium ion secondary battery ([0006], [0066]), comprising:
a positive electrode active material ([0066], lithium nickel cobalt aluminum oxide); and
a positive electrode additive, wherein the positive electrode additive comprises sodium peroxide ([0066]).
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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6, 8-10, 12-15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 108695506 A, see also the provided English translation), and further in view of Xu et al. (US PGPub 2006/0236528 A1).
Regarding Claim 6, Zhang discloses a positive electrode for a lithium ion secondary battery ([0006], [0066]), comprising:
a positive electrode active material ([0066], lithium nickel cobalt aluminum oxide); and
a positive electrode additive layer comprising a positive electrode additive, wherein the positive electrode additive comprises Na2O2 ([0066], sodium peroxide).
However, Zhang remains silent regarding the structure of the positive electrode and consequently does not disclose a positive electrode current collector and a positive electrode active material layer comprising the positive electrode active material.
Xu teaches a lithium ion secondary battery comprising a positive electrode comprising a positive electrode active material, wherein the positive electrode active material is a lithium metal oxide compound ([0012], [0019]).
Specifically, Xu teaches wherein the positive electrode comprises a positive electrode current collector (aluminum foil) and a positive electrode active material layer comprising the positive electrode active material coated on the positive electrode current collector (e.g. [0024]).
It would have been obvious to one of ordinary skill in the art to form the positive electrode of Zhang by coating a positive electrode active material layer comprising the positive electrode active material of Zhang on a positive electrode current collector, as taught by Xu, as such is a known configuration in the art forming a positive electrode for a lithium ion secondary battery and therefore the skilled artisan would have a reasonable expectation that such would successfully form the positive electrode desired by Zhang.
Regarding Claim 8, modified Zhang discloses all of the limitations as set forth above and further discloses wherein the positive additive layer is disposed on the positive electrode active material layer ([0066] of Zhang, wherein the positive electrode additive layer is disposed on the positive electrode active material of the positive electrode active material layer and therefore the positive electrode additive layer is disposed on the positive electrode active material layer).
Regarding Claims 9-10, modified Zhang discloses all of the limitations as set forth above and further discloses wherein: relative to a total of 100 wt% of the positive electrode active material and the positive electrode additive, the positive electrode additive has a content of about 2.5 wt% ([0018], [0059]-[0060], [0066] of Zhang, 5% sodium peroxide (MW= 78 g/mol) of the molar mass of LiNi0.85Co0.165Al0.5O2 (MW= 81 g/mol) is about 2.5 wt%), which falls within and therefore reads on the instantly claimed ranges of 0.1 wt% - 10 wt%, and further 0.5 wt% - 4 wt%.
Regarding Claims 12-14, Zhang discloses all of the limitations as set forth above. However, Zhang remains silent regarding the structure of the negative electrode and consequently does not disclose wherein:
the negative electrode comprises a negative electrode active material; and
the negative electrode active material comprises at least one of a carbon material, a metal or nonmetal compound, a coated material of the compound, or a doped material of the compound,
wherein: the metal or nonmetal compound comprises at least one of SiO2, SiO, SnO2, TiO2, SiS2 or TiS2.
Xu teaches a lithium ion secondary battery comprising a positive electrode comprising a positive electrode active material, wherein the positive electrode active material is a lithium metal oxide compound, and a negative electrode ([0012], [0019]).
Specifically, Xu teaches wherein the negative electrode comprises a negative electrode active material; and the negative electrode active material comprise a carbon material comprising graphite and a metal or nonmetal compound comprising an oxide of silicon or tin, wherein the metal or nonmetal compound comprises at least one of SiO and SnO2 ([0018]).
It would have been obvious to one of ordinary skill in the art to form the negative electrode of Zhang to comprise a negative electrode active material, wherein the negative electrode active material comprises a carbon material comprising graphite and a metal or nonmetal compound comprising at least one of SiO and SnO2, as taught by Xu, as such is a known negative electrode in the art suitable for use in a lithium ion secondary battery and therefore the skilled artisan would have a reasonable expectation that such would successfully form the negative electrode desired by Zhang.
Regarding Claim 15, Zhang discloses all of the limitations as set forth above. However, Zhang remains silent regarding the intended use of the lithium ion secondary battery and consequently does not disclose a power consuming device comprising the lithium ion secondary battery.
Xu teaches wherein a lithium ion secondary batteries may be used in a power consuming device ([0012], [0021]).
It would have been obvious to one of ordinary skill in the art to utilize the lithium ion secondary battery of Zhang in a power consuming device, as taught by Xu, as the intended use of the lithium ion secondary battery is not particularly limited and therefore the skilled artisan would have a reasonable expectation that the lithium ion secondary battery would successfully function in such.
Regarding Claim 18, modified Zhang discloses all of the limitations as set forth above and further discloses wherein the positive electrode additive layer (e.g. sodium peroxide coating layer) and the positive electrode active material layer (e.g. a layer comprising lithium nickel cobalt aluminum oxide) are two separate layers ([0066] of Zhang), and the positive electrode additive layer is disposed between the positive electrode active material layer (a layer comprising lithium nickel cobalt aluminum oxide) and the positive electrode current collector ([0066] of Zhang and [0024] of Xu, e.g. wherein the sodium peroxide coating layer is coated on the lithium nickel cobalt aluminum oxide and therefore is disposed between a layer of nickel cobalt aluminum oxide and the positive electrode current collector).
Claims 6 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Jang (US PGPub 2023/0096033 A1).
Regarding Claim 6, Jang discloses in Fig. 1 a positive electrode for a lithium ion secondary battery ([0001], [0051], wherein the anode in a lithium ion secondary battery functions as a negative electrode during discharging and a positive electrode during charging and therefore reads on a positive electrode), comprising:
a positive electrode current collector (anode current collector);
a positive electrode active material layer (anode active layer) comprising a positive electrode active material ([0019]); and
a positive electrode additive layer (artificial SEI layer) comprising a positive electrode additive, wherein the positive electrode additive may be chosen to comprise Na2S ([0020]).
It would have been obvious to one of ordinary skill in the art to utilize Na2S as the positive electrode additive in the positive electrode additive layer, as disclosed by Jang, wherein the skilled artisan would have a reasonable expectation that such would successfully form the positive electrode additive layer desired by Jang.
Regarding Claim 18, modified Jang discloses all of the limitations as set forth above and further discloses wherein the positive electrode additive layer (artificial SEI layer) and the positive electrode active material layer (anode active layer) are two separate layers, and the positive electrode additive layer (artificial SEI layer) is disposed between the positive electrode active material layer (anode active layer) and the positive electrode current collector (anode current collector) (Fig. 1).
Regarding Claim 19, modified Jang discloses all of the limitations as set forth above and further discloses wherein the positive electrode additive layer (artificial SEI layer) and the positive electrode active material layer (anode active layer) are two separate continuous layers stacked on the positive electrode current collector (anode current collector), and the positive electrode additive layer (artificial SEI layer) is not a coating layer on each particle of the positive electrode active material (Fig. 1).
Response to Arguments
Applicant’s arguments with respect to amended Claims 1 and 6 and new Claims 19-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ishida et al. (US PGPub 2012/0196181 A1) teaches a positive electrode comprising a negative electrode additive, wherein the positive electrode additive may be chosen to comprise K2O (Abstract, [0038]).
Nakashima et al. (US Patent No. 7,122,278 B1) teaches a negative electrode comprising a negative electrode additive, wherein the negative electrode additive comprises at least one of K2O, Na2O2, K2O2, NaN3, or KN3 (Abstract and C3, L47-56).
Meng et al. (US PGPub 2025/0226393 A1) teaches a positive electrode composite material for a lithium ion secondary battery ([0028]) comprising, among additional limitations, a positive electrode additive, wherein the positive electrode additive may be chosen to comprise at least one of Na2S or K2S ([0075]).
However, the Examiner notes that the provisional application 63/210,467 dated June 14, 2021 does not teach wherein the positive electrode additive may be chosen to comprise at least one of Na2S or K2S and therefore the teaching of Meng does not have an effective filing date of June 14, 2021. Consequently, Meng is not considered to be prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
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