Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/25/2025 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 8/25/2025. Claim 16 has been added. Claims 1-16 are pending. Applicant’s arguments have been considered. Claims 1-16 are non-finally rejected for reasons stated herein below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 4, 6-16 are rejected under 35 U.S.C. 103 as being unpatentable over Huo (CN 111640912) in view of Gao (CN 109473652).
Regarding claims 1, 14, Huo discloses a positive electrode active material, comprising
an active material A having a composition formula as claimed,
an active material C having a composition formula as claimed [0015].
Regarding claim 6, at least one of the active material A, the active material B, or the active material C comprises an element selected from one or more of Zr, Sr, B, Ti, Mg, Sn, and Al [0052].
Regarding claim 7, in the chemical formulas respectively corresponding to the active material A, the active material B, and the active material C, x1 : x2: x3 1s 1 : (0.73-1.37) : (0.73-1.37), and a1 : a2 : a3 is 1 : (0.71-1.42) : (0.31-1). See Table 1.
Regarding claim 8, the active material A is a polycrystal material and the active material C are mono-like crystal or monocrystal materials [0016].
Regarding claim 13, a content of the active material A is less than 50 wt% (see Table 1).
Regarding claim 15, Q is one or more selected from Br and I, it is noted that the amounts of Q are 0 <y1 < 0.1, 0 <y2 < 0.1, 0 <y3 < 0.1 as claimed in claim 1. Hence, Huo meets claim 15, when y1, y2, and y3 = 0.
Regarding claim 1, Huo discloses an average particle size Dv50 of the active material A is greater than an average particle size Dv50 of the active material C. See [0111] and Table 1. Huo discloses the active material A is large-sized high-nickel active material, the active material C is small-sized low-nickel active material. Huo does not disclose wherein an average particle size Dv50 of the active material A is greater than an average particle size Dv50 of the active material B, the active material B is small-sized high-nickel active material, wherein an active material A is same as a chemical composition of the active material B. Huo discloses the primary particle and the secondary particle materials can be LiNi0.85Co0.1Mn0.05O2 [0078].
Gao teaches a high-nickel positive electrode active material being large-sized and small-sized [0010]. The particles of different sizes are washed separately according to the different sensitivities of the high-nickel ternary materials of different sizes to water, thereby further reducing the adverse effects of water washing on the high-nickel ternary material [0024]. Further, coating and sintering occurs separately for the particles of different sizes. This can more effectively and accurately coat the surface of the high-nickel ternary material, avoiding the influence of too much or too little coating on the performance [0025]. The high-nickel ternary material that is graded and modified performed better than high-nickel ternary material that was not graded and modified [0051]. The separate coating of large-and small-sized high-nickel ternary materials can better exert the coating effect, so the material exhibits better capacity and cycle performance [0052]. The median particle size of the large-size high-nickel ternary material differs from that of the small-size high-nickel ternary material by 3-15 um [0010]. Example 1 teaches LiNi0.85Co0.1Mn0.05O2 [0040].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the high-nickel particles of Huo into large-sized and small-sized particles to form an average particle size Dv50 of the active material B smaller than an average particle size Dv50 of the active material A, as taught by Ding, for the benefit of having good packing density.
Regarding claim 16, Huo discloses the average particle size Dv50 of the active material A is in a range of 7-15 um,
the average particle size Dv50 of the active material C is in a range of 1-7 um. See Table 1. Regarding claim 16, the average particle size Dv50 of the active material B is in a range of 1-8 um, Gao teaches small-sized high-nickel positive active material is 5-6 um less than the large-sized particles [0044]. Hence, the combination of Huo modified by Gao would yield an average particle size Dv50 of the active material B to be about 1-10 um. The Examiner notes that the Dv50 for the active material B and the Dv50 for the active material C have similar ranges, and hence, to make the active material B particle size and the active material C particle size the same or of similar size.
Regarding claim 8, the active material B is mono-like crystal or monocrystal material [0022], Huo discloses primary particle single crystal nickel-high active material is not easy to have side reactions with the electrolyte and has excellent thermal stability, but its energy density is low, its kinetic performance is poor, and its production cast is high [0047]. Example 1 teaches LiNi0.85Co0.1Mn0.05O2 [0040]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form Gao’s small-sized high-nickel particles LiNi0.85Co0.1Mn0.05O2 of Example 1 into single crystal particles, as taught by Huo, for the benefit of having good packing density and excellent thermal stability.
Regarding claim 3, a content ratio of the active material A, the active material B, and the active material C is 1:0.5-8: 0.1-10, and regarding claim 14, a content ratio of the active material A, the active material B, and the active material C is 1:1.5-6: 0.3-8, Huo discloses a positive electrode having a mixture of primary single crystal particles and secondary polycrystal particles with different particles sizes having higher compaction and less interface side reaction, which is beneficial to improve the normal temperature and high temperature of the battery. It is of great practical significance to improve the cycle life and improve the cycle performance of products [0038]. Huo teaches secondary particle polycrystalline active materials have excellent kinetic properties, which are conducive to the intercalation and extraction of lithium ions in active material particles. The battery has better rate performance and lower internal resistance. However, due to the secondary particle polycrystalline material is prone to cracks and bursts during the process of intercalation and extraction of lithium ions, especially during high-temperature charge-discharge cycles, the material structure is prone to change, transition metal dissolution and electrolyte side reactions, eventually leading to a decrease in battery cycle life and even safety risks. The primary particle single crystal active material is not easy to have side reactions with the electrolyte and has excellent thermal stability but its energy density is low, its kinetic performance is poor, and its production cost is high. Therefore, by mixing the primary particle single crystal active material and the secondary particle polycrystalline active material in a certain proportion, the primary particle single crystal can improve the thermal stability of the positive electrode sheet, while the crystals in secondary particles improve the dynamic performance of the positive electrode [0047].
Gao teaches the high-nickel ternary material that is graded and modified performed better than high-nickel ternary material that was not graded and modified [0051].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amounts of each particle type for the benefit of having good kinetic properties and thermal stability, as well as having good packing.
Regarding claim 4, a sum of contents of the active material A and the active material B equals a content of the active material C, the content of each active material being based on a total weight of the positive electrode active material. Huo teaches secondary particle polycrystalline active materials have excellent kinetic properties, which are conducive to the intercalation and extraction of lithium ions in active material particles. The battery has better rate performance and lower internal resistance. However, due to the secondary particle polycrystalline material is prone to cracks and bursts during the process of intercalation and extraction of lithium ions, especially during high-temperature charge-discharge cycles, the material structure is prone to change, transition metal dissolution and electrolyte side reactions, eventually leading to a decrease in battery cycle life and even safety risks. The primary particle single crystal active material is not easy to have side reactions with the electrolyte and has excellent thermal stability but its energy density is low, its kinetic performance is poor, and its production cost is high. Therefore, by mixing the primary particle single crystal active material and the secondary particle polycrystalline active material in a certain proportion, the primary particle single crystal can improve the thermal stability of the positive electrode sheet, while the crystals in secondary particles improve the dynamic performance of the positive electrode [0047].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amounts of each particle type for the benefit of having good kinetic properties and thermal stability, as well as having good packing.
Regarding claim 9, Huo modified by Gao teaches a secondary battery, comprising the positive electrode active material according to claim 1.
Regarding claim 10, Huo modified by Gao teaches a battery module, comprising the secondary battery according to claim 9.
Regarding claim 11, Huo modified by Gao teaches a battery pack, comprising the battery module according to claim 10.
Regarding claim 12, Huo modified by Gao teaches a power consuming device, comprising the secondary battery according to claim 9.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Huo (CN 111640912) in view of Gao (CN 109473652) as applied to claim 1, further in view of Leng (US 2021/0167366).
Regarding claim 2, Huo discloses the average particle size Dv50 of the active material A is in a range of 7-15 um,
the average particle size Dv50 of the active material C is in a range of 1-7 um. See Table 1.
Regarding claim 2, the average particle size Dv50 of the active material B is in a range of 1-8 um, Gao teaches small-sized high-nickel positive active material is 10-11 um less than the large-sized particles [0040].
Regarding claim 2, Huo modified by Gao does not teach a Dv90 of the active material A is in a range of 15-25 um;
and a Dv90 of the active material B is in a range of 3-10 um; and
and a Dv90 of the active material C is in a range of 5-10 um.
Leng teaches Dv90 is a corresponding particle size (unit: μm) when the volume cumulative distribution percentage of the positive electrode active material reaches 90%. Leng teaches that when a value of Dv90-Dv50/(Tap Density) < 8, the particle size distribution of particles with different morphologies of the positive electrode active material is moderate and gap volume between the particles is low, which are beneficial to improve the compaction density of the positive electrode sheet [0043].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the Dv90 of the active material particles of Huo modified by Gao, as taught by Leng, for the benefit of having good packing density.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Huo (CN 111640912) in view of Gao (CN 109473652) as applied to claim 1, further in view of Ueda (US 2022/0344651).
Regarding claim 5, Huo discloses a compacted density of 3.0-3.6 g/cm3 [0083].
Regarding claim 5, Huo does not disclose the positive electrode active material has a specific surface area of 0.3-1.8 m2/g. Ueda teaches a positive active material having a specific surface area from 0.1 m.sup.2/g to 10 m.sup.2/g. The positive electrode active material having a specific surface area of 0.1 m.sup.2/g or more can secure sufficient sites for inserting and extracting Li ions. The positive electrode active material having a specific surface area of 10 m.sup.2/g or less is easy to handle during industrial production, and can secure a good charge and discharge cycle performance [0125].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the specific surface area of the positive active material of Huo modified by Gao, as taught by Ueda, for the benefit of securing sufficient sites for inserting and extracting Li ions.
Response to Arguments
Arguments filed 8/25/2025 are moot in light of Applicant’s amendment filed 3/10/2026.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751