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
Applicant’s amendment and arguments, dated 06/17/2026, have been fully considered. Claim(s) 1-3, 6-7, 9-10, 12, 15, 17, and 20 is/are currently amended; claim(s) 4-5, 11, 13-14, 16, and 18-19 stand as originally or previously presented; claim(s) 21 is/are newly added, and claim(s) 8 is/are cancelled. The Examiner affirms that the original disclosure provides adequate support for the amendment.
Upon considering said amendment and arguments, the previous rejections under 35 U.S.C. 103, as set forth in the Office Action dated 03/17/2026 have been withdrawn. Applicant’s amendment has necessitated the new grounds of rejection below.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 1-7, 9-10, 12, 15-17, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0034212 A1; hereinafter “Wang”) in view of Tsuzuki et al. (US 2022/0037640 A1; hereinafter “Tsuxuki”).
Regarding claim 1, Wang discloses a negative electrode for an electrochemical cell that cycles lithium ions (Title; [0003]), the negative electrode comprising:
a current collector (1); and
an electroactive material layer (2) disposed on the current collector (as shown in Fig 1), the electroactive material layer comprising:
a lithiated silicon oxide (LSO) negative electroactive material ([0045]); and
a carbonaceous negative electroactive material (carbon material, e.g. graphite, [0032]).
Wang discloses that the LSO material should be included in an amount between 5 to 96% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 10 weight % to less than or equal to about 30 weight % of a total weight of the electroactive material layer.
Wang is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (5 to 96% significantly overlaps 10 to 30%) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses that the polymeric binder may include styrene butadiene rubber (SBR) (e.g. polymerized styrene butadiene rubber, [0032]), but does not explicitly disclose that the polymeric binder includes e.g. nitrile butadiene rubber (NBR).
Tsuzuki teaches a negative electrode for nonaqueous electrolyte secondary batteries (Title/Abstract). Tsuzuki teaches that the negative electrode should include a binder ([0027]), and exemplifies appropriate binders as e.g. SBR, NBR, or combinations thereof ([0038]).
Tsuzuki is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select NBR as the polymeric binder from the list of obvious variants of appropriate binders for negative electrodes, as doing so would amount to nothing more than to use a known material for its intended use in a known environment to accomplish an entirely predictable result, i.e. binding negative electrodes in lithium ion batteries.
Regarding claim 2, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the LSO negative electroactive material is represented by MySiOx where 0≤y≤4, 0≤x≤4, and M = Li ([0034]), and therefore does not explicitly disclose 0<y<1 and 0<x<2.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (0 to 4 significantly overlaps 0 to 1 and 1 to 2) 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 3, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the carbonaceous negative electroactive material comprises graphite ([0032]) in an amount between 5 to 90% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 70 weight % of a total weight of the electroactive material layer.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (5 to 90% significantly overlaps 70% or more) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding claims 4 and 5, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the electroactive material layer further comprises an electrically conductive particle, specifically carbon, specifically graphene or carbon nanoplates (conductive agent, e.g. graphene, [0032], which is submitted to also read on “carbon nanoplates” because, by definition, graphene is a 2D “plate” of carbon atoms).
Regarding claim 6, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the polymeric binder is a first polymeric binder (as noted above) and that the electroactive material layer further comprises a second polymeric binder, specifically styrene butadiene rubber (SBR) (binder, e.g. polymerized styrene butadiene rubber, [0032]).
Regarding claim 7, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the electroactive material layer is a porous composite layer (not explicitly disclosed as porous, but necessarily porous in order to facilitate ionic mobility, as indicated by the use of the electrode in a lithium ion battery, [0041]) that comprises the LSO negative electroactive material and the carbonaceous negative electroactive material distributed in a matrix defined by the polymeric bonder ([0034]).
Regarding claim 9, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the electroactive material layer comprises a cumulative amount of the LSO negative electroactive material and the carbonaceous negative electroactive material in an amount between 10 to 96% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 90 weight % to less than or equal to about 98 weight % of a total weight of the electroactive material layer.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (10 to 96% significantly overlaps 90 to 98%) 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 10, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the carbonaceous negative electroactive material comprises graphite (e.g. graphite, [0032]) and the electroactive material layer comprises:
a cumulative amount of the LSO [negative electroactive material and the carbonaceous negative electroactive material in an amount between 10 to 96% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 90 weight % to less than or equal to about 98 weight % of a total weight of the electroactive material layer.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (10 to 96% significantly overlaps 90 to 98%) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses a polymeric binder (binder, [0032]) in an amount between 0.5 to 10% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 1 weight % to less than or equal to about 10 weight % of a total weight of the electroactive material layer.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (0.5 to 10% significantly overlaps 1 to 10%) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses a plurality of electrically conductive particles comprising carbon (conductive agent, [0032]) including a single walled carbon nanotube (SWCNT) (carbon nanotubes, [0032]) and other electrically conductive particles comprising carbon (e.g. carbon black, [0032]) in a cumulative amount between 0.5 to 10% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 0.05 weight % to less than or equal to about 1 weight % for the SWCNT and greater than or equal to about 1 weight % to less than or equal to about 5 weight % for the other electrically conductive particles.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (0.5 to 10% significantly overlaps 0.05 to 1% and 1 to 5%) 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 12, Wang discloses an electrochemical cell that cycles lithium ions (Title; [0003]), the electrochemical cell comprising:
a first electrode (12) comprising a first current collector (1) having a porous (not explicitly disclosed as porous, but necessarily porous in order to facilitate ionic mobility, as indicated by the use of the electrode in a lithium ion battery, [0041]) negative active material layer (2) disposed thereon (as shown in Fig 1) that comprises:
a lithiated silicon oxide (LSO) negative electroactive material ([0045]); and
a carbonaceous negative electroactive material (carbon material, e.g. graphite, [0032]).
Wang discloses that the LSO material should be included in an amount between 5 to 96% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 10 weight % to less than or equal to about 30 weight % of a total weight of the electroactive material layer.
Wang is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (5 to 96% significantly overlaps 10 to 30%) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses a second electrode (10) comprising a porous (not explicitly disclosed as porous, but necessarily porous in order to facilitate ionic mobility, as indicated by the use of the electrode in a lithium ion battery, [0041]) positive active material layer comprising a positive lithium containing, nickel rich electroactive material (positive electrode active material, e.g. lithium nickelate, [0035]);
a porous separating layer (11) disposed between the first electrode and the second electrode ([0035]), and
an electrolyte disposed in pores of the separating layer ([0040-0041]).
Wang further discloses that a polymeric binder may include styrene butadiene rubber (SBR) (e.g. polymerized styrene butadiene rubber, [0032]), but does not explicitly disclose that the polymeric binder includes e.g. nitrile butadiene rubber (NBR).
Tsuzuki teaches a negative electrode for nonaqueous electrolyte secondary batteries (Title/Abstract). Tsuzuki teaches that the negative electrode should include a binder ([0027]), and exemplifies appropriate binders as e.g. SBR, NBR, or combinations thereof ([0038]).
Tsuzuki is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select NBR as the polymeric binder from the list of obvious variants of appropriate binders for negative electrodes, as doing so would amount to nothing more than to use a known material for its intended use in a known environment to accomplish an entirely predictable result, i.e. binding negative electrodes in lithium ion batteries.
Regarding claim 15, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the LSO negative electroactive material is represented by MySiOx where 0≤y≤4, 0≤x≤4, and M = Li ([0034]), and therefore does not explicitly disclose 0<y<1 and 0<x<2.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (0 to 4 significantly overlaps 0 to 1 and 1 to 2) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses that the carbonaceous negative electroactive material comprises graphite ([0032]) in an amount between 5 to 90% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 70 weight % of a total weight of the electroactive material layer.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (5 to 90% significantly overlaps 70% or more) 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 16, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the porous negative active material layer further comprises an electrically conductive particle, specifically carbon, specifically graphene (conductive agent, e.g. graphene, [0032]).
Regarding claim 17, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses the polymeric binder is a first polymeric binder (as noted above), and that the porous negative active material layer and the porous positive active material layer each further comprises a second polymeric binder, specifically styrene butadiene rubber (SBR) (binder, e.g. polymerized styrene butadiene rubber, [0032, 0035]).
Regarding claim 21, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the electroactive material layer further comprises an electrically conductive particle comprising carbon nanoplates (conductive agent, e.g. graphene, [0032], which is submitted to read on “carbon nanoplates” because, by definition, graphene is a 2D “plate” of carbon atoms).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0034212 A1; hereinafter “Wang”) in view of Tsuzuki et al. (US 2022/0037640 A1; hereinafter “Tsuxuki”), as applied to claim 1 above, in view of Song et al. (US 2019/0280286 A1; hereinafter “Song”) and Sheng et al. (US 2020/0006754 A1; hereinafter “Sheng”).
Regarding claim 11, modified Wang discloses all of the claim limitations as set forth above.
Wang discloses the electroactive material layer on one side of the current collector (as shown in Fig 1), but does appear to be concerned with the particulars of the electroactive material layer, and therefore does not explicitly disclose a capacity loading of a total amount of negative active materials at greater than or equal to about 3.3 mAh/cm2 for a 0.1C rate at 21°C, nor that the electroactive material has a press density of greater than or equal to about 1.4 g/cm3, nor a porosity of greater than or equal to about 25%.
Song teaches negative electrodes for secondary batteries (Title). Song teaches an example of making the negative electrode using a negative active material of graphite and SiO having a base charging capacity of 4.56 mAh/cm2 and a base discharging capacity of 3.66 mAh/cm2 ([0063]).
Song is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the negative electrode of Wang must necessarily have some capacity loading, and would thus find the base capacities of Song appropriate, as suggested by Song. Furthermore, although Song does not explicitly disclose a 0.1C rate at 21°C, the skilled artisan would reasonably appear to understand the disclosed capacities at least overlap the recited open ended range, and would thus find it obvious to routinely select the overlapping portions of the disclosed ranges (4.56 mAh/cm2 and 3.66 mAh/cm2 reasonably appear to overlap 3.3 mAh/cm2 or more for a 0.1C rate at 21°C) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Sheng teaches negative electrodes for electrochemical devices (Title). Sheng teaches an example of making the negative electrode using a negative active material of graphite and SiO having a porosity of 51% and a compact density of 1.7 g/cm3 (Example 13, Table 1).
Sheng is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the negative electrode of Wang must necessarily have some certain porosity and compact density, i.e. press density, and would thus find the porosity and compact density of Sheng appropriate, as suggested by Sheng, and which each fall within the recited ranges.
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0034212 A1; hereinafter “Wang”) in view of Tsuzuki et al. (US 2022/0037640 A1; hereinafter “Tsuxuki”), as applied to claim 12 above, in view of Han et al. (US 2021/0367222 A1; hereinafter “Han”).
Regarding claims 13 and 14, modified Wang discloses all of the claim limitations as set forth above.
Wang discloses the positive material (as noted above), but does not explicitly disclose the recited lithium nickel manganese cobalt aluminum oxide.
Han teaches Ni rich electrode active materials for lithium ion secondary batteries having excellent electrochemical properties ([0006-0007, 0010]). Han teaches that the active material is represented by the general formula Li1+xTM1-xO2, where x is between -0.05 and 0.2 ([0019]), and in one embodiment, TM is represented by the general formula (NiaCobMnc)1-dM1d, where a is in the range of 0.75 to 0.95 and M1 is e.g. Al ([0091]).
Han is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize the active material of Han as the positive electrode active material of Wang with the reasonable expectation that such a material provides excellent electrochemical properties, as suggested by Han. It would have been further obvious to the skilled artisan 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)).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0034212 A1; hereinafter “Wang”) in view of Tsuzuki et al. (US 2022/0037640 A1; hereinafter “Tsuxuki”), as applied to claim 12 above, in view of Sheng et al. (US 2020/0006754 A1; hereinafter “Sheng”).
Regarding claim 18, modified Wang discloses all of the claim limitations as set forth above.
Wang further discloses that the electrolyte comprises at least one lithium salt and at least one organic solvent, specifically linear carbonates (e.g. DMC and a lithium salt, [0040]). However, Wang does not disclose what an appropriate lithium salt is.
Sheng teaches electrochemical devices (Title). Sheng teaches that the electrolyte comprises an organic solvent, e.g. DMC ([0095]) and a lithium salt, e.g. LiPF6 ([0096]).
Sheng is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the electrolyte should comprise a particular lithium salt, and would thus find it obvious to utilize the lithium salt of Sheng, as doing so would amount to nothing more than to use a known material for its intended use in a known environment to accomplish an entirely predictable result.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0034212 A1; hereinafter “Wang”) in view of Tsuzuki et al. (US 2022/0037640 A1; hereinafter “Tsuxuki”), as applied to claim 12 above, in view of Kwon et al. (US 2021/0384491 A1; hereinafter “Kwon”).
Regarding claim 19, modified Wang discloses all of the claim limitations as set forth above.
Wang discloses the electrochemical cell (as noted above), but does not disclose a capacity ratio of first electrode (N) to second electrode (P) (N/P ratio) of greater than or equal to about 1 to less than or equal to about 1.2.
Kwon teaches a lithium secondary battery (Title). Kwon teaches that the amounts of positive and negative electrode active materials are adjusted such that the N/P ratio is 1.1 ([0096]).
Kwon is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the battery of Wang must necessarily have some certain N/P ratio, and would thus find a ratio of 1.1 an appropriate N/P ratio, as suggested by Kwon, and which falls within the recited range.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2023/0034212 A1; hereinafter “Wang”) in view of Tsuzuki et al. (US 2022/0037640 A1; hereinafter “Tsuxuki”), Han et al. (US 2021/0367222 A1; hereinafter “Han”), and Yang et al. (US 2022/0002158 A1; hereinafter “Yang”).
Regarding claim 20, Wang discloses an electrochemical cell that cycles lithium ions (Title; [0003]), the electrochemical cell comprising:
a first electrode (12) comprising a first current collector (1) having a porous (not explicitly disclosed as porous, but necessarily porous in order to facilitate ionic mobility, as indicated by the use of the electrode in a lithium ion battery, [0041]) negative active material layer (2) disposed thereon (as shown in Fig 1) that comprises a cumulative amount of the LSO [negative electroactive material and the carbonaceous negative electroactive material in an amount between 10 to 96% by mass of the active material layer ([0034]), and therefore does not explicitly disclose greater than or equal to about 90 weight % to less than or equal to about 98 weight % of a total weight of the electroactive material layer.
Wang is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (10 to 96% significantly overlaps 90 to 98%) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses that the negative electroactive materials comprise:
a lithiated silicon oxide (LSO) negative electroactive material ([0045]); and
graphite (carbon material, e.g. graphite, [0032]).
Wang discloses that the LSO material should be included in an amount between 5 to 96% by mass of the active material layer, and the carbon material should be included in an amount between 5 to 90% by mass ([0034]), and therefore does not explicitly disclose greater than or equal to about 10 weight % to less than or equal to about 30 weight % of a total weight of the porous electroactive material layer, nor greater than or equal to about 70 weight % to less that or equal to about 90 weight % of a total weight of the porous electroactive material layer
However, before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select the overlapping portions of the disclosed ranges (5 to 96% significantly overlaps 10 to 30%, and 5 to 90% significantly overlaps with 70 to 90%) because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Wang further discloses a second electrode (10) comprising a porous (not explicitly disclosed as porous, but necessarily porous in order to facilitate ionic mobility, as indicated by the use of the electrode in a lithium ion battery, [0041]) positive active material layer comprising a positive electroactive material (positive electrode active material, [0035]);
a porous separating layer (11) disposed between the first electrode and the second electrode ([0035]), and
an electrolyte disposed in pores of the separating layer ([0040-0041]).
Wang further discloses that a polymeric binder may include styrene butadiene rubber (SBR) (e.g. polymerized styrene butadiene rubber, [0032]), but does not explicitly disclose that the polymeric binder includes e.g. nitrile butadiene rubber (NBR).
Tsuzuki teaches a negative electrode for nonaqueous electrolyte secondary batteries (Title/Abstract). Tsuzuki teaches that the negative electrode should include a binder ([0027]), and exemplifies appropriate binders as e.g. SBR, NBR, or combinations thereof ([0038]).
Tsuzuki is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely negative electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to routinely select NBR as the polymeric binder from the list of obvious variants of appropriate binders for negative electrodes, as doing so would amount to nothing more than to use a known material for its intended use in a known environment to accomplish an entirely predictable result, i.e. binding negative electrodes in lithium ion batteries.
Wang discloses the positive material (as noted above), but does not explicitly disclose the recited lithium nickel manganese cobalt aluminum oxide.
Han teaches Ni rich electrode active materials for lithium ion secondary batteries having excellent electrochemical properties ([0006-0007, 0010]). Han teaches that the active material is represented by the general formula Li1+xTM1-xO2, where x is between -0.05 and 0.2 ([0019]), and in one embodiment, TM is represented by the general formula (NiaCobMnc)1-dM1d, where a is in the range of 0.75 to 0.95 and M1 is e.g. Al ([0091]).
Han is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely electrodes for lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art to utilize the active material of Han as the positive electrode active material of Wang with the reasonable expectation that such a material provides excellent electrochemical properties, as suggested by Han. It would have been further obvious to the skilled artisan 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)).
Modified Wang discloses the electrochemical cell (as noted above), but does not disclose an energy density of the battery, and therefore does not explicitly disclose an energy density of greater than or equal to about 290 Wh/kg.
Yang teaches lithium secondary batteries (Title). Yang teaches that, among secondary batteries, a lithium ion battery has an energy density of approximately 570 Wh/kg ([0007]).
Yang is analogous prior art to the current invention because they are concerned with the same field of endeavor, namely lithium ion batteries.
Before the effective filing date of the current invention, it would have been obvious to one having ordinary skill in the art that the battery of modified Wang must necessarily have some certain energy density, and would thus find an energy density of ~570 Wh/kg an appropriate energy density, as suggested by Yang, and which falls within the recited range.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 and 9-21 have been considered but are moot because the new ground of rejection does not rely on any new reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/JAMES M ERWIN/Primary Examiner, Art Unit 1725 06/29/2026
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