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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0116418, filed on 09/15/2022. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07/11/2023, 06/10/2024, and 05/08/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
The information disclosure statements filed on 04/07/2025 and 09/04/2025 fail to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered. This objection specifically refers to the Non-Patent Literature documents titled “Office Action for Korean Patent Application No. 10-2022-0116418 issued by the Korean Patent Office on March 18, 2025” and “Notice of Allowance for the Korean Patent Application No. 10-2022-0116418 issued by the Korean Patent Office on June 4, 2025.”
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: I and I' in Figure 2. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification filed on 07/11/2023 was reviewed and is acceptable.
Claim Objections
Claim 1 objected to because of the following informalities:
In claim 1, line 9, “3µm2” should read “3µm2”
Claims 3-15 incorporate the same limitation and are included in this objection.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The terms “sphere-type” and “needle-type” in claims 10, 11, 12 and 13 is a relative term which renders the claim indefinite. The term “type” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Accordingly, the recited limitations "a sphere-type conductive material" and "a needle-type conductive material" are considered indefinite.
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.
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 1-9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2020/0343550 A1; hereinafter "Cho").
Regarding claims 1 and 2, Cho discloses a cathode (positive electrode, Par. 0007, line 3) for a lithium secondary battery (rechargeable lithium battery, Par 0007, lines 1-2), comprising:
a cathode current collector (Par. 0124, line 5); and
a cathode active material layer formed on the cathode current collector (Par. 0124, line 5) the cathode active material layer comprising cathode active material particles (coating layer including a lithium-metal oxide (Abs, lines 3-4)).
However, Cho does not explicitly disclose the cathode active material layer satisfying Equation 1,
wherein the cathode active material particles comprise lithium metal oxide particles containing nickel and having a mole fraction of cobalt of 0.02 or less (LiaNixCoyQ11-xO2 [Formula 3], where 0.6≤x≤0.98 [Par. 0020, line 1]). among all elements except lithium and oxygen:
With respect to the limitations,
[Equation 1]
3µm2 ≤ Ca/Cn ≤ 6.44 μm2
wherein, in Equation 1, Cn is a total number of contact surfaces between the cathode active material particles in the cathode active material layer, and Ca is a total area of the contact surfaces as measured with a 3D model of a distribution of the cathode active material particles, it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited cathode active material particles.
Furthermore, Cho does not explicitly disclose the limitation wherein Ca/Cn is in a range from 4.5 µm2 to 6.44 µm2, as recited in claim 2.
Cho discloses, regarding a mixture of particles, that a ratio (weight ratio, [Par. 0082, line 12]) of a content of the second lithium metal oxide particles relative to a content of the first lithium metal oxide particles in the cathode active material layer is in a range from about 10:90 to about 30:70 (Par 0082, lines 12-13), and therefore does not explicitly disclose the range from 1/3 to 3, as recited in claim 6.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to routinely select the overlapping portions of the disclosed ranges (10:90 to about 30:70 (2.3 to 9) overlaps with 1/3 to 3) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Applicant discloses the Ca/Cn value may be determined by various factors such as a particle size and a content of the cathode active material particles in the cathode active material layer 100; morphology of the cathode active material particles; a mixing ratio between a plurality of cathode active material particles (when the cathode active material particles are a blend of the plurality of cathode active material particles having different physical properties); morphology and content of a conductive material; a mixing ratio of a plurality of conductive materials (when the conductive material is a blend of the plurality of conductive materials having different physical properties); a density of the cathode active material layer 100, etc. (see Instant Specification, paragraph 0068)
Accordingly, it is reasonably interpreted that the particle size and a content of the cathode active material particles in the cathode active material layer is critical to the recited equation 1 such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Cho discloses that the lithium metal oxide particles comprise: first lithium metal oxide particles (secondary particle, Par. 0025, line 4) having a particle diameter of greater than or equal to about 10 μm (Par. 0025, lines 4-6), and
second lithium metal oxide particles (primary particles (Par 0078, line 1)) having a smaller particle diameter (D50) (may have a particle diameter, (Par. 0025, line 2) than that of the first lithium metal oxide particles (less than or equal to about 3 μm (Par. 0078, lines 12-13)).
It is submitted that the particle size and a content of the cathode active material particles are substantially similar to the instant cathode active material layer such that the Ca/Cn would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the prior art cathode active material particles would inherently possess physical properties, e.g. particle size, such that the active material layer would necessarily fulfill the recited limitations, i.e. a particle size and a content of the cathode active material particles in the cathode active material layer.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the active material particles. The skilled artisan would reasonably find that the disclosed particle size and content of the active material particles are so similar to the instant particle size and content, that the prior art Ca/Cn would also exhibit the range of equation 1 and a range from 4.5 µm2 to 6.44 µm2.
Regarding claim 3, Cho discloses all of the claim limitations as set forth above.
Cho further discloses that the lithium metal oxide particles contain nickel and manganese, and contain no cobalt (LiaNixQ21-xO2 [Formula 4], Q2 is at least one metal element selected from Mn… [Par. 0022-0023]).
Regarding claim 4, Cho discloses all of the claim limitations as set forth above.
Cho further discloses that a mole fraction of nickel in the lithium metal oxide particles is in a range from 0.6 to 1.0 (LiaNixQ21-xO2 [Formula 4], Par. 0023) among all elements except lithium and oxygen, and slightly encompasses the claimed range from 0.7 to 0.85, therefore similar properties would be expected.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to routinely select the portions of the disclosed ranges (0.6 to 1.0 slightly encompasses 0.7 to 0.85) because “overlapping or lie inside ranges disclosed by the prior art” has been held to be a prima facie case of obviousness (see MPEP 2144.05).
Regarding claim 5, Cho discloses all of the claim limitations as set forth above.
Cho further discloses that the lithium metal oxide particles comprise:
first lithium metal oxide particles each having a shape of a secondary particle in which a plurality
of primary particles are aggregated (at least one secondary particle including an agglomerate of two or more primary particles, Par 008, lines 6-8);
and second lithium metal oxide particles each having a shape of a single particle (primary particles (Par 0023, line 1)).
Regarding claim 6, Cho discloses all of the claim limitations as set forth above.
Cho further discloses, regarding a mixture of particles, that a ratio (weight ratio, [Par. 0082, line 12]) of a content of the second lithium metal oxide particles relative to a content of the first lithium metal oxide particles in the cathode active material layer is in a range from about 2.3 to 9 (10:90 to about 30:70, Par 0082, lines 12-13), and therefore overlaps the range from 1/3 to 3.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to routinely select the overlapping portions of the disclosed ranges (10:90 to about 30:70 significantly overlaps with 1/3 to 3) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 7, Cho discloses all of the claim limitations as set forth above.
Cho further discloses that the lithium metal oxide particles comprise: first lithium metal oxide particles (secondary particle, Par. 0025, line 4) having a particle diameter of greater than or equal to about 10 μm (Par. 0025, lines 4-6), and
second lithium metal oxide particles (primary particles (Par 0078, line 1)) having a smaller particle diameter (D50) (may have a particle diameter, (Par. 0025, line 2) than that of the first lithium metal oxide particles (less than or equal to about 3 μm (Par. 0078, lines 12-13)).
Regarding claim 8, Cho discloses all of the claim limitations as set forth above.
Cho further discloses that the cathode for a lithium secondary battery according to claim 7, wherein the first lithium metal oxide particles (secondary particle, Par. 0025, line 4) have a particle diameter (D50) greater than or equal to about 10 μm and less than or equal to about 20 μm (Par. 0025, lines 4-6) and the
second lithium metal oxide particles (primary particles (Par. 0078, line 1)) have a particle diameter (D50) less than or equal to about 3 μm, and therefore overlap the ranges from 9 μm to 18 μm for the first lithium metal oxide particles, and 2 μm to 7 μm for the second lithium metal oxide particles.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to routinely select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 9, Cho discloses all of the claim limitations as set forth above.
Cho further discloses that the cathode active material layer further comprises a conductive material (conductive agent, Par. 0125, lines 2-3), and
a content of the lithium metal oxide particles is in a range from 95 wt% to 99 wt% (1 part by weight to about 5 parts, Par. 0128, lines 1-3) based on a total weight of the cathode active material layer including the conductive material, which falls within the disclosed range from 80 wt% to 99 wt%.
Regarding claim 14, Cho discloses all of the claim limitations as set forth above.
Cho further discloses the cathode for a lithium secondary battery according to claim 1, wherein a density of the cathode active material layer (active mass density of the positive electrode plate, Par 0083, lines 8-9) is in a range from 3.3 g/cm3 to 3.5 g/ cm3, and therefore significantly overlaps the range from 3.4 g/cc to 3.7 g/cc.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to routinely select the overlapping portions of the disclosed ranges (from 3.3 g/cm3 to 3.5 g/ cm3 significantly overlaps with 3.4 g/cc to 3.7 g/cc) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claim 15, Cho discloses all of the claim limitations as set forth above.
Cho further discloses a lithium secondary battery (rechargeable lithium battery, Par. 0026, line 2), comprising: the cathode for a lithium secondary battery of claim 1; and an anode facing the cathode (sequentially stacking the positive electrode, negative electrode, Par. 0147, lines 9-10).
Claim(s) 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2020/0343550 A1; hereinafter "Cho"), in view of Abdelsalam et al. (WO 2013/114095 A1; hereinafter “Abdelsalam”).
Regarding claim 10, Cho discloses all of the claim limitations as set forth in claim 9 above.
Cho fails to mention the cathode for a lithium secondary battery according to claim 9, wherein the conductive material comprises: a sphere-type conductive material having an aspect ratio from 0.5 to 1.5; and a needle-type conductive material having an aspect ratio of 2 or more.
However, Abdelsalam mentions, directed to a spherical core, the aspect ratio is 1: 1 (Page 14, par. 3).
Abdelsalam further mentions, directed to a carbon nanostructure, the aspect ratio is in the range of about 40 to 180 (Page 16, par. 3).
Cho and Abdelsalam are analogous prior art to the current invention because they are concerned with the same field of endeavor, namely rechargeable batteries.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Abdelsalam to include the conductive material having the aspect ratios aforementioned. Doing so would result in the battery maintaining a high capacity (Page 2, par.2).
Regarding claim 11, Cho discloses all of the claim limitations as set forth above.
Cho fails to mention the cathode for a lithium secondary battery according to claim 10, wherein a particle diameter (D5o) of the sphere-type conductive material is in a range from 10 nm to 60 nm, and a length of the needle-type conductive material is in a range from 15 m to 65 m. However, Abdelsalam mentions, directed to carbon black material, an average particle size of 20-40nm. (Page 23, par. 6).
Abdelsalam further mentions, directed to multiwalled carbon nanotubes, an average length of 15-20 microns (Page 23, par. 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Abdelsalam to include the conductive material having the dimensions aforementioned. Doing so would result in the battery maintaining a high capacity (Page 2, par.2).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2020/0343550 A1; hereinafter "Cho"), in view of Abdelsalam et al. (WO 2013/114095 A1; hereinafter “Abdelsalam”), as applied to claim 10 above, and in further view of Sawai et al. (ES 2756276 T3; hereinafter “Sawai”).
Regarding claim 12, Cho discloses all of the claim limitations as set forth above.
Cho fails to mention the cathode for a lithium secondary battery according to claim 10, wherein a ratio of a content of the sphere-type conductive material relative to a content of the needle-type conductive material in the cathode active material layer is in a range from 0.6 to 0.8.
However, Sawai mentions, directed to an electrode material for use in positive and negative electrodes of a secondary lithium battery (Abstract (Translation), line 1), 60 parts by mass of the carbon black and 40 parts by mass of the carbon nanotubes were supplied to a stainless steel reaction vessel (Par 0066, lines 2-5).
Cho and Sawai analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium batteries.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Cho to incorporate the teachings of Abdelsalam to include the conductive material having the aspect ratios aforementioned. Doing so would result in the battery maintaining a high capacity (Page 2, par.2).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2020/0343550 A1; hereinafter "Cho"), in view of Abdelsalam et al. (WO 2013/114095 A1; hereinafter “Abdelsalam”), as applied to claim 10 above, and in further view of Uhm et al. (EP 3651239 A1; hereinafter “Uhm”).
Regarding claim 13, Cho and Abdelsalam disclose all of the claim limitations as set forth above.
Cho and Abdelsalam fail to mention the cathode for a lithium secondary battery according to claim 10, wherein a ratio of a content of the sphere-type conductive material relative to a content of the needle-type conductive material in the cathode active material layer is in a range from 1.8 to 3.5.
Uhm teaches the cathode for a lithium secondary battery according to claim 10, wherein a ratio of a content of the sphere-type conductive material (first conductive material, Par 0016, line 2) relative to a content of the needle-type conductive material (second conductive material, Par 0016, line 2) in the cathode active material layer is in a range from 1 to 50 parts by weight of the first conductive material, and 0.1 to 20 parts by weight of the second conductive material based on 100 parts by weight of the active material particles (i.e. 2.5 to 10, Par. 0066, lines 2-5), and therefore does not explicitly disclose the range from 1.8 to 3.5.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to routinely select the overlapping portions of the disclosed ranges (2.5 to 10 significantly overlaps with 1.8 to 3.5) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Paulsen et al. (US 2012/0134914 A1) teaches pressed density of lithium metal oxide powder in secondary batteries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA N LIZARAZU whose telephone number is (571)272-9697. The examiner can normally be reached Mon-Fri 7:30am-5:00pm.
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/J.N.L./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725