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
The Applicant has argued that “While independent Claim 5 differs in scope, this claim recites features similar to those discussed above in connection with Claim 1. Accordingly, Applicant respectfully submits that Claim 5 and its dependent claims are patentable at least for reasons similar to those discussed above with respect to Claim 1”.
The argument above is not persuasive because there are no arguments of the Applicant against the single particle particles Kadowaki are outlined in the rejections below.
Claim Rejections - 35 USC § 102
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.
1. Claims 1, 12 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by over Oh et al. (US 20190081321).
2. Regarding claims 1, 12, and 13, Oh teaches a positive electrode active material for an all-solid-state battery (The lithium secondary battery 100 may be an all-solid battery in which the electrolyte 130 is a solid electrolyte [0081]; lithium secondary battery 100 includes an anode 110 including the electrode composition, a cathode 120 facing the anode 110, and an electrolyte 130 interposed between the cathode 120 and the anode 110 [0080]), comprising a lithium metal oxide (The cathode active material may be a compound containing…a transition metal oxide including a lithium element [0082]) in the form of a single particle having a particle strength of 300 MPa to 1500 MPa (The upper limit of the crushing strength of the first active material 11 is not particularly limited, but for example, may be 1000 MPa [0056]) and an average particle size of 10 µm or less (When the particle size of the first active material 11 is less than 10 μm, it is difficult to reduce the porosity in combination with the second active material 12 [0058]), wherein the single particle has no grain boundaries inside the single particle such that the single particle comprises a single grain through which lithium ions diffuse (Oh as prior art does not teach grain boundaries).
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 of this title, 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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (US 20190081321) as applied to claim 1 in view of Hiratsuka et al. (US20150243982).
4. Regarding claim 2, Hiratsuka teaches wherein the lithium metal oxide is represented by Chemical Formula below: LixMyO2 (where M includes at least one selected from Co, Mn, Ni, Al, Fe, V, Zn, Cr, Ti, Ta, Mg, Mo, Zr, W, Sn, Hf, Nd, and Gd, 0<x≤1.5, and 0<y≤1) (lithium complex oxide thus obtained, represented by the general formula Li0.98Ni0.5Co0.2Mn0.3O2 [0066]).
5. Regarding claim 3, Hiratsuka teaches wherein the lithium metal oxide is LiNiaCobMncO2 (0.6≤a≤0.9, a+b+c=1) (LiNixCoyM(1-x-y)O2(wherein M represents at least one element selected from among metal elements, 0.3≦x<1.0 and 0<y≦0.5 (abstract); Moreover, it is preferable from the standpoint of cost and safety that the metal element M comprises manganese (Mn) [0022])
6. Regarding claim 4, Hiratsuka teaches wherein the lithium metal oxide has a particle strength of 500 MPa or more (Each particle has a compressive breaking strength of from 200 MPa to 500 MPa (abstract)) and an average particle size of 1 μm to 7 μm (average particle diameter of 5 μm or more and 20 μm or less [0066]).
7. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Oh with Hirtasuka’s teachings for the benefit of a positive electrode active material having a high energy density and an excellent cycle characteristic (Hiratsuka [0007]).
8. Claims 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kadowaki et al. (US20210226209 filed 1/13/2021)
9. Regarding claim 5, Kadowaki teaches a method of manufacturing a positive electrode active material for an all-solid-state battery (Manufacturing of Positive Electrode Active Material 0471]; Using the positive electrode active material obtained by the above manufacturing method, the all-solid lithium ion battery was manufactured [0510]), the method comprising:
preparing a lithium metal oxide raw material by mixing a transition metal composite precursor and a lithium source (Nickel-cobalt-manganese composite hydroxide particles 2 and lithium hydroxide powder were weighed and mixed at a molar ratio of Li/(Ni+Co+Mn)=1.05 [0475]) followed by primary heat treatment (a plurality of heating steps are carried out [0251]); pulverizing the lithium metal oxide raw material (The lithium metal composite oxide obtained by calcining is appropriately classified after pulverization [0276]); and
producing a lithium metal oxide in the form of a single particle having a particle strength of 300 MPa to 1500 MPa (The average crush strength of the lithium metal composite oxide included in the positive electrode active material exceeds 50 MPa [0036]) and an average particle size of 10 μm or less (8.0 μm or less is even more preferable, and 2.0 μm or more and 7.0 μm or less is particularly preferable [0124]) through secondary heat treatment for the pulverized lithium metal oxide raw material (it is preferable to use a grinder as the pulverizing machine at the time of the above pulverizing, and a stone mill type grinder is particularly preferable. In a case where a stone mill type grinder is used, it is preferable to adjust the clearance between the upper mill and the lower mill according to the aggregated state of the lithium metal composite oxide [0278]), wherein the single particle has no grain boundaries inside the single particle such that the single particle comprises a single grain through which lithium ions diffuse (The positive electrode active material for an all-solid-state lithium-ion battery is…a single particle which exists independently of the primary particle [0018]; The particles which have no grain boundaries in terms of the external appearance are formed of “primary particles” [0168])
10. Although Kadowaki does not specifically teach the range of 300 MPa to 1500 MPa, Kadowaki teaches crush strength of the lithium metal composite oxide included in the positive electrode active material exceeds 50 MPa [0036], then it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have optimized Kadowaki’s positive electrode with active material may have a crushing strength for the benefit of good cycle characteristics which means that the amount of decrease in the battery capacity due to repeated charging and discharging is small, and that the capacity ratio at the time of remeasurement does not easily decrease with respect to the initial capacity [0010]
11. Regarding claim 6, Kadowaki teaches, wherein the transition metal composite precursor is a spherical transition metal composite hydroxide or transition metal composite carbonate prepared by a co-precipitation method (a nickel salt solution, a cobalt salt solution, a manganese salt solution, and a complexing agent are reacted by a coprecipitation method, particularly, a continuous coprecipitation method…to manufacture a metal composite hydroxide represented by Ni(1-y-z)CoyMnz(OH)2 (in the formula, y+z<1) [0205]; a spherical shape [0399])
12. Regarding claim 7, Kadowaki teaches wherein the lithium metal oxide raw material is secondary particles having an average particle size of 10 μm or less (8.0 μm or less is even more preferable, and 2.0 μm or more and 7.0 μm or less is particularly preferable [0124]) in which primary particles of hundreds of nanometers are agglomerated (In the present invention, “primary particles” means…particle size is less than 0.5 μm [0164]; In the present invention, “secondary particles” means aggregations of the primary particles formed by aggregating primary particles [0165]).
13. Regarding claim 8, Kadowaki teaches wherein the lithium metal oxide raw material in which the primary particles are agglomerated is pulverized through a ball milling process (it is preferable to use a grinder as the pulverizing machine at the time of the above pulverizing, and a stone mill type grinder is particularly preferable. In a case where a stone mill type grinder is used, it is preferable to adjust the clearance between the upper mill and the lower mill according to the aggregated state of the lithium metal composite oxide [0278]).
14. Regarding claim 9, Kadowaki teaches wherein the lithium metal oxide is represented by Chemical Formula below: LixMyO2 (where M includes at least one selected from Co, Mn, Ni, Al, Fe, V, Zn, Cr, Ti, Ta, Mg, Mo, Zr, W, Sn, Hf, Nd, and Gd, 0<x≤1.5, and 0<y≤1) (More specifically, the lithium metal composite oxide is represented by composition formula Li[Lix(Ni(1-y-z-w)CoyMnzMw)1-x]O2 (here, M is at least one type of element selected from the group consisting of Fe, Cu, Ti, Mg, Al, W, B, Mo, Nb, Zn, Sn, Zr, Ga, La, and V, and −0.1≤x≤0.30, 0≤y≤0.40, 0≤z≤0.40, 0≤w≤0.10, and 0<y+z+w are satisfied) [0044-0045])
15. Regarding claim 10, Kadowaki teaches wherein the transition metal composite precursor is NiaCobMnc(OH)2 or NiaCobMncO2 (0.6≤a≤0.9, a+b+c=1) (metal composite hydroxide represented by Ni(1-y-z)CoyMnz(OH)2 (in the formula, y+z<1) [0205]), and the lithium metal oxide is LiNiaCobMncO2 (0.6≤a≤0.9, a+b+c=1) (More specifically, the lithium metal composite oxide is represented by composition formula Li[Lix(Ni(1-y-z-w)CoyMnzMw)1-x]O2 (here, M is at least one type of element selected from the group consisting of Fe, Cu, Ti, Mg, Al, W, B, Mo, Nb, Zn, Sn, Zr, Ga, La, and V, and −0.1≤x≤0.30, 0≤y≤0.40, 0≤z≤0.40, 0≤w≤0.10, and 0<y+z+w are satisfied) [0044-0045]).
16. Regarding claim 10, Kadowaki teaches wherein the lithium metal oxide has a particle strength of 500 MPa or more (The average crush strength of the lithium metal composite oxide included in the positive electrode active material exceeds 50 MPa [0036]) and an average particle size of 1 μm to 7 μm (2.0 μm or more and 7.0 μm or less is particularly preferable [0124]).
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 OLATUNJI GODO whose telephone number is (571)272-3104. The examiner can normally be reached 8:00 am - 5:30 pm.
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752
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