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 .
Claims 1-15 are currently pending and have been considered 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.
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, 3, 4, 6-8, 11, 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US20230268498 A1) in view of Ahn et al. (US20220093913 A1).
Regarding Claim 1: Zhang discloses a cathode electrode of a lithium-ion battery (positive electrode for a rechargeable lithium battery) comprising a cathode material disposed on an aluminum foil (current collector) to form a cathode electrode. Zhang discloses preparing the cathode electrode by dispersing the cathode material, conductive agent, and binder in NMP, coating the resulting slurry onto the aluminum foil, drying, cutting and rolling the coated foil (Fig. 5, [0019], [0108], Example 1). Zhang discloses a cathode material comprising single crystal particle B (first positive electrode active material in the form of single, non-aggregated particles) and multicrystal particles A (second positive electrode active material in the form of secondary particles each comprising a plurality of aggregated primary particles). Zhang expressly distinguishes the single crystal particle B from multicrystal secondary particles formed from a plurality of nanoscale primary particle (Fig. 1, [0003], [0008]). Zhang also discloses a mass ratio of the multicrystal particle A to the single particles B of 0.01-9:1. For example, an A:B mass ratio of about 0.333:1 corresponds to about 25 wt% multicrystal particles A and about 75 wt% single crystal particles B, which falls within the claimed ranges. Accordingly, the claimed amounts are prima facie obvious based on the overlapping ranges. See MPEP §2144.05 and In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003).
Zhang further discloses single crystal particles B having a composition (Li1.02Ni0.83Co0.06Mn0.11)O2 (first positive electrode active material comprising a lithium nickel based composite oxide having a nickel content greater than or equal to about 70 mol% relative to a total metal content excluding lithium and oxygen). The discloses composition contains approximately 83 mol% Ni relative to the total amount of Ni, Co and Mn and therefore satisfies the claimed limitation [0128].
Zhang also discloses multicrystal particles A having a high nickel content and similar to the single crystal particle B (second positive electrode active material comprising a lithium nickel-based composite oxide) [0024].
Zhang does not disclose an I(003)/I(104) peak intensity ratio greater than or equal than 4.8 in an X-ray diffraction analysis of the positive electrode.
Ahn discloses a positive electrode comprising a small diameter monolith particles and large diameter secondary particles comprising a plurality of aggregated primary particles, wherein the particles comprise nickel-based lithium metal oxides. Ahn further discloses X-ray diffraction analysis of the positive electrode, wherein the ratio of the peak intensity of the (003) plane to the peak intensity of the plane (104) (Example 1, Fig. 4, Table 2).
Specifically, Ahn discloses in Example 2 of Table 2 and I(003)/I(104) ratio of 4.35. The discloses value of 4.35 is considered to fall within the scope of the approximate claimed lower endpoint “about 4.8” under the broadest reasonable interpretation of the term “about”.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to apply the positive electrode crystallographic orientation taught by Ahn to the cathode electrode of Zhang because Ahn teaches that controlling the crystallographic orientation of the positive electrode, including preferential orientation of the (003) plane, provides a positive electrode having high capacity and excellent cycle life characteristics, efficiency and high temperature stability. See Ahn [0035].
Regarding Claim 3: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Ahn further discloses a positive electrode having a density of 3.49 g/cc and 3.65 g/cc (Table 2, Example 1-3, [0059], [0073], [0098], [0100])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the positive electrode of Zhang with the electrode density taught by Ahn because Ahn teaches preparing and rolling a positive electrode comprising monolith particles and secondary particles to obtain the disclosed positive electrode density and crystallographic characteristics and also teaches that the discloses structure provides high capacity and excellent cycle life characteristics, efficiency and high temperature stability. See Ahn [0035]- [0037].
Regarding Claim 4: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Zhang further discloses a mass ratio of multicrystal particle A to the single particles B of 0.01-9:1 (about 90 wt% to about 100 wt% of the first positive electrode active material and about 0 wt% to about 10 wt% of the second positive electrode active material). The disclosed A:B mass ratio range overlaps the claimed amounts. For example, an A:B mass ratio of 0.1:1 corresponds to approximately 0.1 wt% multicrystal particles A (second positive electrode active material) and 90.9 wt% single crystal particles B (first positive electrode active material), which falls within the claimed ranges.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to select amounts of multicrystal particles A and single particles B because Zhang teaches that combining multicrystal particle A with the single particles B suppresses microcracks and improves particle strength and compaction density, thereby providing high volumetric energy density with a relatively long cycle life. See Zhang [0022].
Regarding Claim 6: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Zhang further discloses a mass ratio of multicrystal particle A to the single particles B of 0.01-9:1 (about 90 wt% to about 100 wt% of the first positive electrode active material and about 0 wt% to about 10 wt% of the second positive electrode active material). The disclosed A:B mass ratio range overlaps the claimed amounts. For example, an A:B mass ratio of 0.25:1 corresponds to about 20 wt% multicrystal particles A (second positive electrode active material) and about 80 wt% single crystal particle B (first positive electrode active material), which falls within the claimed ranges.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to select amounts of multicrystal particles A and single particles B because Zhang teaches that combining multicrystal particle A with the single particles B suppresses microcracks and improves particle strength and compaction density, thereby providing high volumetric energy density with a relatively long cycle life. See Zhang [0022].
Regarding Claim 7: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Ahn discloses a positive electrode comprising a small diameter monolith particles and large diameter secondary particles comprising a plurality of aggregated primary particles, wherein the particles comprise nickel-based lithium metal oxides. Ahn further discloses X-ray diffraction analysis of the positive electrode, wherein the ratio of the peak intensity of the (003) plane to the peak intensity of the plane (104) (Example 1, Fig. 4, Table 2).
Specifically, Ahn discloses in Example 2 of Table 2 and I(003)/I(104) ratio of 4.35. The discloses value of 4.35 is considered to fall within the scope of the approximate claimed lower endpoint “about 4.8” under the broadest reasonable interpretation of the term “about”.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to apply the positive electrode crystallographic orientation taught by Ahn to the cathode electrode of Zhang because Ahn teaches that controlling the crystallographic orientation of the positive electrode, including preferential orientation of the (003) plane, provides a positive electrode having high capacity and excellent cycle life characteristics, efficiency and high temperature stability. See Ahn [0035].
Regarding Claim 8: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Zhang further discloses single crystal particles B having a composition (Li1.02Ni0.83Co0.06Mn0.11)O2. The composition disclosed by Zhang satisfies Formula 1 wherein a1=1.02, x1=0.83, M1=Co, y1=0.06, M2=Mn, z1=0.11, and b1=0. See Zhang [0128].
Chemical Formula 1:
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Accordingly, Zhang satisfies the Chemical Formula 1 and the claimed relationships of:
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wherein Co and Mn are among the recited elements of M1 and M2 and, specifically, satisfies
x1 + y1 + z1 = 0.83+ 0.06+ 0.11= 1.00
Thus, Zhang expressly discloses a composition falling within the scope of the compound represented by Chemical Formula 1.
Regarding Claim 11: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Zhang further discloses single crystal particle B having a D50 particle size within a range of 0.2 µm to 7 µm, preferably 2 µm to 5 µm [0041], [0042]. Zhang specifically discloses a single crystal particle B having a D50 of 3.7 µm (Example 2, [0134]).
The disclosed D50 of 3.7 µm falls directly within the claimed range of about 1 µm to about 12 µm.
Regarding Claim 14: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Zhang further discloses multicrystal particle A having a D50 of 16.7 µm (Example 2, [0132]).
The disclosed D50 of 16.7 µm falls directly within the claimed range of about 5 µm to about 20 µm.
Regarding Claim 15: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Zhang further discloses a lithium-ion battery comprising a cathode electrode, an anode electrode, a separator, and an electrolyte. In particular, Zhang discloses preparing a battery using the disclosed cathode material as the cathode electrode, artificial graphite as the anode active material and an electrolyte [0125].
Thus, Zhang expressly discloses incorporating the cathode electrode comprising the disclosed multicrystal particles A and single crystal particles B into a rechargeable lithium-ion battery together with a negative electrode and electrolyte.
Accordingly, Zhang in view of Ahn renders claim 15 obvious.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US20230268498 A1) and Ahn et al. (US20220093913 A1) as applied to claim 1 above, and further in view of Kang et al. (US20220411277 A1).
Regarding Claim 2: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Kang further discloses a positive active material having a FWHM of the peak corresponding to the (003) plane of about 0.079 to about 0.082 and specifically, 0.0807 in Example 1 (Table 2). The disclosed FWHM(003) of 0.0807 is below the claimed upper limit of about 0.12.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to employ the crystallographic characteristics of the positive active material taught by Kang in the positive electrode of Zhang because Zang teaches that a lower FWHM(003) indicates that the grains of the active material have grown larger and more uniformly in the (03) direction and that the disclosed characteristics are associated with reduced crystal damage and improved crystallinity. See Kang [0066], [0226].
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US20230268498 A1) and Ahn et al. (US20220093913 A1) as applied to claim 1 above, and further in view of Qiao et al. (US20220356076 A1).
Regarding Claim 9: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Qiao further discloses a cobalt-free lamellar cathode material comprising nickel lithium manganate of monocrystal morphology. In particular, Qiao discloses the nickel lithium manganate as LiNi0.75Mn0.25O2 [0030], which contains no cobalt and has a monocrystal morphology.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to employ the cobalt free monocrystal nickel lithium manganate taught by Qiao as the single crystal particle B of Zhang because Qiao teaches that cobalt free cathode material provides advantages including stable structure, improve cyclic capacity retention and efficiency [0075].
Regarding Claim 10: Zhang and Ahn in view of Qiao teaches all the limitations of claim 9 as discussed above.
Qiao further discloses nickel lithium manganate as LiNi0.75Mn0.25O2 [0030], which contains no cobalt and has a monocrystal morphology.
The composition disclosed by Qiao satisfies Chemical Formula 2 wherein a2=1, x2=0.75, y2=0.25, z2=0, and b2=0.
Chemical Formula 2:
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Accordingly, the disclosed composition satisfies claimed relationship of:
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Wherein x2 + y2+ z2 = 0.75+ 0.25+ 0 = 1. Thus, Qiao discloses a cobalt-free monocrystal lithium nickel-based composite oxide having a composition falling within the scope of Chemical Formula 2.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US20230268498 A1) and Ahn et al. (US20220093913 A1) as applied to claim 1 above, and further in view of Manthiram et al. (US20220181618 A1).
Regarding Claim 12: Zhang in view of Ahn teaches all the limitations of claim 1 as discussed above.
Manthiram further discloses a cobalt-free cathode active material comprising LiNi0.9Mn0.05Al0.05O2 [0088], in the form of secondary particles, wherein each secondary particle comprises a plurality of primary particles [0018].
Manthiram discloses that LiNi0.9Mn0.05Al0.05O2 contains no cobalt and has a nickel content of 90 mol% relative to Ni+Mn+Al, which is greater than the claimed lower limit of about 70 mol%.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to employ the cobalt-free lithium nickel-based composite oxide taught by Manthiram as the multicrystal particles A of Zhang because Manthiram teaches that the secondary structures the amount of surface residual lithium species and increase cycle and thermal stability of the cathode material. See Manthiram [0083].
Regarding Claim 13: Zhang and Ahn in view Manthiram teaches all the limitations of claim 12 as discussed above.
Manthiram further discloses a cobalt-free cathode active material comprising LiNi0.9Mn0.05Al0.05O2 [0088], in the form of secondary particles, wherein each secondary particle comprises a plurality of primary particles [0018].
The composition LiNi0.9Mn0.05Al0.05O2 disclosed by Manthiram satisfies the Chemical Formula 2, wherein a2=1, x2=0.90, y2=0.05, M3=Al, z2=0.05, and b2=0. Accordingly, the disclosed composition satisfies the claimed relationship:
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Thus, Manthiram expressly discloses a cobalt-free lithium nickel-based composite oxide having a composition falling within the scope of Chemical Formula 2.
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
A close prior art to this claim limitation of claim 5 is Zhang et al. (US20230268498 A1).
The prior art fails to teaches a positive electrode of about 90 wt% to about 100 wt% of the first positive electrode active material in a single, non-aggregated particles and about 0 wt% to about 10 wt% of the second positive electrode active material in the form of secondary particles, in combination with an I(003)/I(104) peak intensity ratio greater than or equal to about 6.5 in an X-ray diffraction analysis of the positive electro as require by claim 5.
Although the prior art taches a positive electrode having generally similar nickel-based active material compositions and particle morphologies, the prior art does not disclose a sufficiently similar combination of active material composition, particle distribution and electrode preparation conditions to establish that the claimed I(003)/I(104) peak intensity of greater than or equal to about 6.5 would necessarily result.
Accordingly, the claimed I(003)/I(104) peak intensity ratio cannot be established merely as an inherent property of the prior art positive electrodes. Therefore, claim 5 would be allowable if rewritten in independent from to include all of the limitation of claims 1 and 4.
Conclusion
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/NMRO/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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