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 based on an application filed in KR on 12/19/2022. It is noted, however, that applicant has not filed a certified copy of the KR10-2022-0178542 application as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 03/04/2026 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
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.
Claim(s) 1 – 5, 9, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US PG Pub. 2022/0367915 A1) in view of Sugimori (US PG Pub. 2016/0351892 A1).
Regarding Claims 1 – 2 and 14, Kondo discloses a rechargeable lithium battery (Fig. 1, 100; [0028]), comprising a positive electrode (Figs. 1 – 2, 50; [0029]) comprising a positive electrode active material ([0029];[0032]); a negative electrode (Figs. 1 – 2, 60; [0029]) comprising a negative electrode active material ([0029];[0039]); a separator between the positive electrode and negative electrode (Figs. 1 – 2, 70; [0029]); and an electrolyte solution (Fig. 1, 80; [0028]).
For the positive electrode active material, Kondo teaches using a lithium - transition metal oxide such as LiNi1/3Co1/3Mn1/3O2, LiNiO2, LiCoO2, LiFeO2, LiMn2O4, LiNi0.5Mn1.5O4, a lithium - transition metal phosphate compound such as LiFePO4, or the like ([0032]). Furthermore, in a working embodiment of the battery, Kondo explicitly teaches using LiNi1/3Co1/3Mn1/3O2 ([0050]).
Kondo does not explicitly disclose an embodiment where the positive electrode active material comprises a lithium cobalt-based oxide; however, as Kondo exemplifies a finite selection of active materials {i.e. LiNi1/3Co1/3Mn1/3O2, LiNiO2, LiCoO2, LiFeO2, LiMn2O4, LiNi0.5Mn1.5O4, or LiFePO4}, it would have been oblivious to one with ordinary skill in the art before the effective filing date of claimed invention, to select LiCoO2 for the positive electrode active material, and thus obtain the claimed lithium cobalt-based oxide positive electrode active material, with a reasonable expectation of success, because such a selection would be a selection of functionally equivalent active material recognized by Kondo to be suitable for the battery [See MPEP 2144.06(II) and 2144.07].
For the negative electrode active material, Kondo teaches using a carbon material such as graphite, hard carbon or soft carbon ([0039]). Furthermore, in a working embodiment of the battery, Kondo explicitly teaches using graphite ([0050]). Therefore, Kondo further discloses the negative electrode active material comprising a carbon-based negative electrode active material.
Kondo does not explicitly disclose; however the negative electrode active material further comprising a silicon-based negative electrode active material and the silicon-based negative electrode active material in an amount of about 0.1 – 10 wt% or further about 2 – 5 wt% (Claim 14) based on a total amount of the carbon-based negative electrode active material and the silicon-based negative electrode active material.
Sugimori teaches a negative electrode for nonaqueous secondary batteries that suppresses the generation of gas and increases power characteristics and the negative electrode active material layer includes a mixture of a negative electrode active material, a binding agent, and a conductive agent ([0016]). Sugimori specifically teaches the negative electrode active material being a mixture of carbon material and silicon-containing material ([0028 – 0032]). The carbon material makes up of the majority of the electrode while the silicon-containing active material is most preferably 1% to 20% by mass with respect to the total amount of active material {i.e. the sum of the amount of the carbon material and the amount of the silicon-containing material} ([0032]). Sugimori further teaches that when the negative electrode active material includes silicon higher capacity can be achieved as compared to when the negative electrode active material only uses carbon material ([0026]).
Since Kondo teaches using a carbon-based active material for their battery ([0039]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to modify the negative electrode of Kondo to further include a silicon-containing active material, as taught by Sugimori, and thus obtain a negative electrode active material that also comprises a silicon-based active material, with a reasonable expectation of success in increasing the capacity of Kondo’s negative electrode.
Modified Kondo includes a silicon-based active material in an amount of 1 – 20 wt% (Sugimori: [0032]), which overlaps the claimed range of about 0.1 – 10 wt% and encompasses the claimed range of about 2 – 5 wt% (Claim 14) based on a total amount of the carbon-based negative electrode active material and the silicon-based negative electrode active material.
Sugimori further teaches that the amount of silicon-containing active material influences the expansion and contraction of the silicon-containing material as well as the capacity of the active material ([0032]) Specifically, Sugimori teaches that increases in the amount of silicon-containing active material increases the influence of the expansion/contraction of the active material which can reduce adhesion of the active material while decreases in the amount of silicon-containing active material decrease the capacity increase effect of the silicon-containing active material ([0005];[0032]).
Therefore, selection of an amount of silicon-based active material, within the overlapping portion of the taught range and claimed ranges, would have been obvious before the effective filing date of the claimed invention to optimize the capacity of the battery while ensuring that the influence of the expansion/contraction of the silicon-based active material is prevented from becoming too great and negatively impacting the adhesion of the active material, with a reasonable expectation of success and without undue experimentation [See MPEP 2144.05(II)].
Kondo further discloses the electrolyte comprising a non-aqueous organic solvent ([0022];[0049]); a lithium salt ([0023 – 0024];[0049]); and an additive, that is Kondo teaches including lithium difluorophosphate and a Cs cation-containing salt selected from the group consisting of CsPO2F2, CsPF6 and CsFSI as additives ([0007]).
Furthermore, Kondo explicitly teaches working embodiments of the battery electrolyte that particularly include CsPF6 or CsFSI as the Cs cation-containing additive salt (See Samples 7 – 14 in Table 1); therefore, Kondo further discloses the electrolyte solution additive comprising a first compound that is within the claimed scope of a compound represented by Chemical Formula 1 and further Chemical Formula 1-1 (Claim 2) {Refer to chemical depiction of CsFSI below) or CsPF6, and thus within the scope of first compound additives in claim 1.
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Chemical structure depiction of CsFSI from PubChem.
Regarding Claims 4 – 5, modified Kondo discloses all limitations as set forth above. Kondo further discloses wherein the first compound {i.e. Cs cation-containing compound: CsFSI or CsPF6} is in an amount of 0.1 to 0.2 mass% (See Samples 7 – 14 in Table 1; and [0021]), which is within the claimed ranges of about 0.01 – 5.0 (Claim 3), about 0.1 – 1.0 (Claim 4), and further 0.1 – 0.7 (Claim 5), parts by weight based on 100 parts by weight of the total amount of non-aqueous organic solvent and the lithium salt.
Regarding Claim 9, modified Kondo discloses all limitations as set forth above. Kondo further discloses wherein the electrolyte solution further comprises one more other additives and where the one more other additive comprises lithium difluorophosphate ([0017 – 0020];[0049]), which is an additive within the claimed selection of claim 9.
Regarding Claim 11, modified Kondo discloses all limitations as set forth above. As established above, the positive electrode active material of modified Kondo is LiCoO2 ([0032]), which is within the claimed scope of Chemical Formula 3 {i.e. when a = 1, x1 = 1, y1 = 0, x1+y1 = 1, and b1 = 0}.
Claim(s) 6 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US PG Pub. 2022/0367915 A1) and Sugimori (US PG Pub. 2016/0351892 A1), as applied to claim 1 above, and further in view of Zhou (CN102786443A, Machine translation provided).
Regarding Claims 6 – 7, modified Kondo discloses all limitations as set forth above. Generally, with respect to the Cs cation-containing compound Kondo exemplifies using anions represented by X- including PO2F2 −(a difluorophosphate ion), PF6− (a hexafluorophosphate ion), FSI− (a bis(fluorosulfonyl)imide ion), BF4− (a tetrafluoroborate ion), B(C2O4)2− (a bisoxalatoborate ion), TFSI− (a bis(trifluoromethanesulfonyl)imide ion) and a variety of other anions ([0021]). Additionally, Kondo further teaches the Cs cation-containing compounds can be used in combination of two of more types thereof ([0021]).
Modified Kondo does not explicitly disclose the additive further comprising a second compound represented by Chemical Formula 2 (Claim 6) or further wherein the second compound represented by Chemical Formula 2 is represented by any one selected from among Chemical Formulas 2-1 to 2-8 (Claim 7).
Zhou teaches alkali metal salts applicable in the electrolyte solutions of lithium ion batteries ([0011 – 0013]). Specifically, Zhou teaches binary and ternary fluorinated sulfonylimide alkali metal salts represented by formula II and IV, and, in the binary fluorinated sulfonylimide alkali metal salt represented by formula II, M is taught to be selected from Li, Na, K, Rb, or Cs, RF1 and RF2 are taught to be selected from CmF2m+1 where m=0-8, (CF3)2CHO, CF3CH2O, HCF2CH2O or H(CF2CF2O)nCF2CF2 , where n=1-6, and RF1 and RF2 can be the same or different ([0021 – 0027]). One with ordinary skill in the art would appreciate/recognize that the scope of formula II, by including salts where M is Cs, is inclusive of claimed Chemical Formula 2 and overlaps in scope with claimed Chemical Formulas 2-1 to 2-8 {i.e. when RF1 and RF2 are each a CmF2m+1 where m=0-8, Formula II of Zhou is inclusive of Chemical Formula 2-8}. The binary fluorosulfonyl imide anions are further taught by Zhou to exhibit low viscosity, high conductivity, and a wide electrochemical window, which can effectively improve the rate performance of lithium-ion batteries when applied in the field of electronic devices ([0084]).
Since Kondo does not necessarily limit the anion type of Cs cation-containing compound in their electrolyte and further teaches that combinations of two or more types of Cs cation-containing compounds can be used ([0021]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to further modify the electrolyte solution of Kondo to also include a binary fluorosulfonyl imide salt that includes Cs as the cation, as taught by Zhou, because such a modification would be a combination of Cs-containing salts individually recognized by Kondo and Zhou to be beneficial for lithium ion battery electrolyte (Kondo: [0007 – 0008]; Zhou: [0084]) [See MPEP 2144.06 (I)] and further would have a reasonable expectation of success in achieving a battery with improved rate performance (Zhou: [0084]).
Furthermore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to select a Cs-containing binary fluorosulfonyl imide salt that is within the overlapping portion of the scope taught by Zhou and the claimed scope of Chemical Formulas 2-1 to 2-8 {i.e. selection of Formula II salt from Zhou that is represented by Chemical Formula 2-8}, and thus obtain a second compound within the scope of claims 6 – 7, because such a selection would be a selection of Formula II salts from Zhou’s taught finite selection {i.e. Zhou teaches a finite selection for the RF1 and RF2 groups of the binary fluorosulfonyl imide salt represented by Formula II ([0025 – 0026]) that would have a reasonable expectation of success in providing the desired battery rate performance improvements due to having exhibit low viscosity, high conductivity, and a wide electrochemical window [See MPEP 2143(I)(E)].
Regarding Claims 8, modified Kondo discloses all limitations as set forth above. The electrolyte of modified Kondo includes a Cs-containing binary fluorosulfonyl imide salt as taught by Zhou.
Zhou teaches using the salt in an amount that provides a concentration of 0.1 – 3 mol/L ([0078]) but does not explicitly teach the wt% of the salt based on the total amount of non-aqueous organic solvent and the lithium salt. Therefore, modified Kondo does not explicitly disclose the second compound represented by Chemical Formula 2 being in an amount of about 0.01 parts by weight to about 5 parts by weight based on 100 parts by weight of the total amount of the non-aqueous organic solvent and the lithium salt.
Kondo generally teaches; however, utilizing Cs cation-containing compounds in an amount of 0.1 – 0.5 mass% based on the total amount of the non-aqueous electrolyte solution taken as 100 mass % ([0021]). Kondo’s taught range allows for a more favorable balance between suppressing an increase in resistance and improving metallic Li precipitation resistance ([0018 – 0019];[0021]). Furthermore, Kondo’s overall taught scope of Cs cation-containing compounds includes Cs salts having imide anions ([0021]).
Therefore, as the Cs-containing binary fluorosulfonyl imide salt of modified Kondo is also a Cs cation-containing compound having an imide-based anion, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to add the additional salt in the amount taught by Kondo, and thus within the claimed range, with a reasonable expectation of success in obtaining an amount of Cs-containing binary fluorosulfonyl imide salt suitable for electrolyte of modified Kondo and capable of providing the desired beneficial effects of improved rate performance.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US PG Pub. 2022/0367915 A1) and Sugimori (US PG Pub. 2016/0351892 A1), as applied to claim 1 above, and further in view of Kim (US PG Pub. 2019/0207258 A1, cited in 09/07/2023 IDS).
Regarding Claim 10, modified Kondo discloses all limitations as set forth above. In the working embodiment, the electrolyte solution is taught to include a mixed solvent containing ethylene carbonate (EC), dimethyl carbonate (DMC) and ethyl methyl carbonate (EMC) ([0049]). Kondo further teaches, without any particular limitations, using organic solvents able to be used in electrolyte solutions of ordinary lithium ion secondary batteries, such as carbonates, ethers, esters, nitriles, sulfones and lactones and that such solvents can be used alone or in combinations of two or more types thereof ([0022]).
Modified Kondo does not explicitly disclose an embodiment wherein the non-aqueous organic solvent comprises a carbonate-based solvent and an ester-based solvent.
Kim, directed to lithium secondary battery electrolyte compositions including Cs-containing additive salts ([0018 – 0021];[0025 – 0026]), also teaches using any organic solvents commonly used in electrolytes for lithium secondary batteries as the non-aqueous organic solvent and further exemplifies solvents such as ethers, esters, amides, linear carbonates, cyclic carbonates, phosphate-based compounds, nitrile-based compounds, fluorinated ether-based compound, and fluorinated aromatic-based compounds ([0038]). Kim further teaches that it is particularly preferable to include ethyl propionate (EP), propyl propionate, methyl propionate (MP), or a mixtures thereof in the electrolyte solvent, as they have low viscosity ([0043 ]). Low viscosity solvents are taught by Kim to allow for higher electric conductivity ([0042]).
Therefore, since Kondo already suggests from a finite selection of solvents using carbonate and ester-based solvents together, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrolyte solvent of Kondo to comprise a carbonate-based solvent and an ester-based solvent, as suggested by Kim, with a reasonable expectation of success that such a selection of solvents would provide an electrolyte suitable for the battery and further a solvent mixture capable of providing both high permittivity to dissociate lithium salts and high conductivity (Kim: [0039 – 0043]).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US PG Pub. 2022/0367915 A1) and Sugimori (US PG Pub. 2016/0351892 A1), as applied to claim 1 above, and further in view of Jung (WO2020153822A1, US equivalent: US PG Pub. 2021/0344002 A1 used as English translation).
Regarding Claim 12, modified Kondo discloses all limitations as set forth above. The positive electrode active material of modified Kondo is a lithium cobalt-based oxide represented by LiCoO2 (Refer to rejection of claim 1 above and Kondo: [0032]). Kondo further teaches the active material being in particle form and having an average particle diameter of 0.1 – 25 µm ([0033]).
Modified Kondo does not explicitly disclose wherein the positive electrode active material comprises a first positive electrode active material comprising a lithium-cobalt based oxide in a particle form having an average particle diameter (D50) of about 9 µm to about 25 µm, and a second positive electrode active material comprising the lithium-cobalt based oxide in a particle form having an average particle diameter (D50) of about 1 µm to about 8 µm.
Jung teaches a lithium secondary battery including a positive electrode having a first lithium cobalt oxide and a second lithium cobalt oxide which have different average particle diameters (D50) from each other ([0010]). The first and second lithium cobalt oxides are taught to have, most preferably, average particle diameters of 2 – 3 µm and 10 – 12 µm, respectively ([0040]). The use of two different size active material particles is taught by Jung to allow for improved energy density by more effectively minimizing the porosity between the active material components of the electrode ([0040]).
Since modified Kondo utilizes a lithium cobalt oxide based positive electrode and further teaches the active material having a D50 of 0.1 – 25 µm, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the positive electrode active material by including a first lithium cobalt oxide having a D50 of 2 – 3 µm and a second lithium cobalt oxide having a D50 of 10 – 12 µm, as taught by Jung, with a reasonable expectation of success in obtaining a positive electrode with improved energy density.
The first lithium cobalt oxide of modified Kondo, by having a D50 of 2 – 3 µm, reads on the claimed second lithium-cobalt based oxide in a particle form having an average particle diameter (D50) of about 1 µm to about 8 µm; and the second lithium cobalt oxide of modified Kondo, by having a D50 of 10 – 12 µm, reads on the claimed first positive electrode active material comprising a lithium-cobalt based oxide in a particle form having an average particle diameter (D50) of about 9 µm to about 25 µm.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US PG Pub. 2022/0367915 A1), Sugimori (US PG Pub. 2016/0351892 A1) and Jung (WO2020153822A1, US equivalent: US PG Pub. 2021/0344002 A1 used as English translation), as applied to claims 1 and 12 above, and further in view of Wang (KR20210058490A, Machine translation provided).
Regarding Claim 13, modified Kondo discloses all limitations as set forth above. The positive electrode active material of modified Kondo includes a first lithium cobalt oxide having a D50 of 2 – 3 µm {i.e. corresponds to claimed second positive electrode active material} and a second lithium cobalt oxide having a D50 of 10 – 12 µm {i.e. corresponds to claimed first positive electrode active material} (Refer to rejection of claim 12 and Jung: [0040]),
Modified Kondo does not explicitly disclose wherein the first positive electrode active material is in an amount of about 60 wt% to about 90 wt%, and the second positive electrode active material is in an amount of about 10 wt% to about 40 wt%, based on the total amount of first positive electrode active material and the second positive electrode active material.
Wang, also directed to a positive electrode active material for a lithium secondary battery including two lithium cobalt oxides that are different in average particle diameter ([0014 – 0018]), teaches the large active material particles and small particles being mixed in a ratio of 9:1 to 5:5 and most specifically 7:3 based on the weight of the particles ([0043 – 0044];[0048]) {Examiner Note: the examiner acknowledges that the machine translation recites “the mixture of covalents and subparticles” when referring to the weight ratio of the active material mixture; however, this appears to be a mistranslation in light of the alternate machine translation provided by the examiner reciting “ In addition, mixing of large particles and small particles may be prepared separately and mixed, specifically, the content may be 9:1 to 5:5 based on the weight of the coated lithium cobalt oxide, in detail , 8:2 to 6:4, and more specifically, it may be 7:3” (See highlighted text of alternate machine translation)}. As such, Wang teaches most specifically having the large active material particles make of 70 wt% and the small active material particles make up 30 wt% of the positive electrode active material particles. Wang further teaches that if the content of fine {i.e. small} particles exceeds the taught range manufacturing processability deteriorates and if the content of small particles is too low the filling density of the small particles is low which decreases energy density ([0048]).
Therefore, when modifying the positive electrode active material of Kondo to include a mixture of large and small active material particles, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to include the large and small particles in the specific ratio taught by Wang {i.e. 7:3}, with a reasonable expectation of success in obtaining an electrode that has optimal manufacturing processability as well as small particle filling density.
Furthermore, by including the particles in the specific ratio taught by Wang {i.e. 7:3}, modified Kondo, as established above, includes the first positive electrode active material {i.e. second lithium cobalt oxide having a D50 of 10 – 12 µm} in an amount of 70 wt%, which is within the claimed range of about 60 wt% to about 90 wt%, and the second positive electrode active material in an amount of 30 wt%, which is within the claimed range of about 10 wt% to about 40 wt%, based on the total amount of first positive electrode active material and the second positive electrode active material.
Claim(s) 15 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kondo (US PG Pub. 2022/0367915 A1) and Sugimori (US PG Pub. 2016/0351892 A1), as applied to claim 1 above, and further in view of Lee (KR20090109225A, Machine translation provided).
Regarding Claims 15 – 20, modified Kondo discloses all limitations as set forth above. The negative electrode of modified Kondo includes a combination of a carbon-based active material and a silicon-based active material (Refer to rejection of claim 1 above and Sugimori: [0028 – 0032]). The silicon-based active material of modified Kondo is at least one selected from the group consisting of silicon particles, silicon alloy particles, and silicon compound particles (Sugimori: [00028]).
Modified Kondo does not explicitly disclose an embodiment where the silicon-based active material comprises silicon-carbon composite particles (Claim 15) that each comprise a core comprising silicon particles and a carbon coating layer on a surface of the core (Claim 17).
Lee teaches a negative electrode active material for a lithium secondary battery and the active material is a spherical composite particle including a first particle 10, a second particle 20, carbon fiber 30, metal fiber 40, low crystalline/amorphous carbon 50, a central void 110 , and a low crystalline/amorphous carbon coating 210 (Refer to Figs. 1a – 1b and highlighted text on pgs. 3 – 4 and 6 – 7). Lee teaches the second particles being selected from the group consisting of Si, Sn , Al, Ge, and/or Pb and further particularly teaches an embodiment of the composite particle that specifically include nanosilicon as the second particles (Refer to Example 1 and highlighted text on pgs. 3 and 11). The composite active material taught by Lee is taught to improve battery life characteristics by having a structure that suppresses volume expansion as well as provide a negative electrode active material with improved electrochemical properties (Refer to highlighted text on pgs. 10 – 11).
Since modified Kondo already suggests, from a finite selection, using silicon compound particles as the silicon-based active material of the negative electrode active material mixture (Sugimori: [00028]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to utilize a silicon-carbon composite as taught by Lee {i.e. Refer to Example 1 on pg. 11} , with a reasonable expectation of success in obtaining a negative electrode active material layer with improved electrochemical properties as well as a battery with improved life characteristics.
By including the silicon-carbon composite as taught by Lee, modified Kondo’s silicon-based negative electrode active material comprises silicon-carbon composite particles (Lee: Refer to Figs. 1a – 1b and highlighted text on pgs. 3 – 4 and 6 – 7) (Claim 15) having an average particle diameter (D50) of 15 µm (Refer to highlighted text on pg. 11), which is within the claimed range of 0.5 – 20 µm (Claim 16). Furthermore in modified Kondo as established above:
Each silicon-carbon composite particle comprise a core comprising silicon (Lee: Refer to second particles 20 in Figs. 1a – 1b and highlighted text on pgs. 3 and 11) and a carbon coating layer on a surface of the core (Lee: Refer to 210 in Fig. 1b and highlighted text on pgs. 6 – 7) (Claim 17).
The core further comprises crystalline carbon, that is the first particles are graphite which one with ordinary skill in the art would recognize/understand to be a type of crystalline carbon (Lee: Refer to first particles 10 in Figs. 1a – 1b and highlighted text on pgs. 3 – 4), and the carbon coating layer on the surface of the core comprises amorphous carbon (Lee: Refer to highlighted text on pgs. 6 – 7) (Claim 18).
An average particle diameter (D50) of the of the silicon particles is 50 nm (Lee: Refer to highlighted text on pg. 11 ), which is within the claimed range of about 10 nm to 200 nm (Claim 19).
And the core comprises a void in a central portion of the corresponding silicon-carbon composite particle of the silicon-carbon composite particles (Lee: Refer to central void 110 in Figs. 1a – 1b and highlighted text on pg. 3) (Claim 20).
As established above, the silicon-carbon composite embodiment taught by Lee, and thus the silicon-carbon composite of modified Kondo, has an average particle diameter of 15 µm (Refer to highlighted text on pg. 11). Lee does not explicitly teach the diameter of the central void of the particle of the working embodiment; however, Lee teaches controlling the diameter of the central void to be within the range of 0.1 to 10 µm (Refer to highlighted text on pg. 3). As such, one with ordinary skill in the art would reasonably expect modified Kondo’s silicon-composite particle, based on Lee’s taught central void diameter range, to have a radius that is about 0.6 length % {i.e. (0.05 µm /7.5 µm)*100} to about 66 length % {i.e. (5 µm /7.5 µm)*100} of a radius of the corresponding silicon-carbon composite particle, which encompasses the claimed range of about 30 length % to about 50 length % (Claim 20 cont.).
Lee further teaches that reducing the size of the central void reduces the available buffer space and, if there is insufficient buffer space, lifespan characteristics of the battery decreases (Refer to highlighted text on pg. 3). Additionally, increases in the size of the central void increases the amount of buffer space but also decreases the packing density of the active material and reduces the strength of the particle (Refer to highlighted text on pg. 3).
As such, selection of a radius for the central void of modified Kondo that provides a radius ratio within the overlapping portion of the range suggested by Lee and the claimed range would have been obvious before the effective filing date of the claimed invention to optimize the available buffer space in the particle while also ensuring that the active material has sufficient packing density and strength, with a reasonable expectation of and without undue experimentation [See MPEP 2144.05(II)].
Conclusion
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/A.Y.O./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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