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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 10/24/2023 and 07/03/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
Claims 1-4, 13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (US 2024/0030490 A1-with priority date of 6/14/2022).
Regarding claim 1, Yun discloses a rechargeable lithium battery, comprising
A positive electrode comprising a positive electrode active material ([0094] cathode and anode active materials on a current collector);
A negative electrode comprising a negative electrode active material ([0094] cathode and anode active materials on a current collector); and
An electrolyte solution comprising a non-aqueous organic solvent ([0069-0071] non-aqueous organic solvent), a lithium salt and an additive ([0009] electrolyte has an organic solvent, lithium salt and a phosphorous based cesium salt that can be an additive or provided with an additional additive),
Wherein the negative electrode active material comprises a Si composite ([0102-0104] anode active material can be a silicon compound along with other compounds to make a composite compound),
The additive comprises a compound represented by Chemical Formula 1 ([0009-0012,0018-0025] chemical formulas 1-2 and chemical formulas 10-11 read on the claimed material),
The lithium salt comprises a compound represented by Chemical Formula 2 ([0026] LiN(CF3SO2)2 reads as the claimed formula 2),
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Wherein, in chemical formula 1,
X1 is a fluoro group, a chloro group, a bromo group, or an iodo group ([0009-0012,0018-0025] chemical formulas 1-2 and chemical formulas 10-11 read on the claimed material);
R1 to R6 are each independently hydrogen, a cyano group, a substituted or unsubstituted C1 to C20 alkyl, alkoxy, alkenyl, alkynyl, cycloalkyl, aryl or heteroaryl group ([0009-0012,0018-0025] chemical formulas 1-2 and chemical formulas 10-11 read on the claimed material); and
N is an integer of 0 or 1;
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Wherein, in Chemical Formula 2,
R7 to R8 are each independently a fluoro group or a C1 to C4 fluoroalkyl group substituted with at least one fluoro group ([0026] LiN(CF3SO2)2 reads as the claimed formula 2).
Yun further discloses wherein the lithium salt can be provided with one more selected form the group listed in [0026]. While, Yun is silent with respect to the salt of formula 2 being provided within 5 to 70 wt% of the lithium salt, a skilled artisan would have found it obvious to select and adjust the amount of the LiN(CF3SO2)2 salt used to be within 5-70 wt% as Yun broadly discloses a 0-100 wt% use of the at least one lithium salt and thus would render the claim limitation as obvious absent evidence of unexpected results or criticality. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 2, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein Chemical Formula 1 is represented by chemical formula 1A or 1B,
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Wherein, in chemical formula 1A and 1B, X1 is a fluoro group, a chloro group, a bromo group, or an iodo group ([0009-0012,0018-0025] chemical formulas 1-2 and chemical formulas 10-11 read on the claimed material);
R1 to R6 are each independently hydrogen, a substituted or unsubstituted C1 to C10 alkyl, alkoxy, alkenyl, alkynyl group([0009-0012, 0018-0025] chemical formulas 1-2 and chemical formulas 10-11 read on the claimed material).
Regarding claim 3, Yun discloses all the claim limitations of claim 2. Yun further discloses wherein R3 and R4 of Chemical Formula 1A are each hydrogen and at least one of R5 or R6 is a substituted or unsubstituted C1 to C10 alkyl group, a substituted or unsubstituted C1 to C10 alkoxy group, a substituted or unsubstituted C2 to C10 alkenyl group, or a substituted or unsubstituted C2 to C10 alkynyl group (Formulas 10-11; [0018-0025]).
Regarding claim 4, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein the compound represented by chemical formula 1 is in an amount of about 0.1 to about 1 wt% based on 100 wt% of a total amount of the electrolyte solution ([0051] total weight of chemical formulas 1 and 2 based on the weight of the electrolyte solution is between 0.1-20 % by weight).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 13, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein the amount of the Si composite is about 1.0 to about 60 wt% based on a total weight of the negative electrode active material ([0102-0106] active material can comprise a Si based composite as well as other materials and thus broadly discloses a 0-100 wt% use of the at least one Si composite and thus would render the claim limitation as obvious absent evidence of unexpected results or criticality.).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 15, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein the compound represented by Chemical Formula 1 is at least one selected from compounds of Group 1 ([0018-0020] Chemical Formulas 10-11):
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Regarding claim 16, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein the compound represented by Chemical Formula 2 comprises a compound represented by Chemical Formulas 2A-2C or a combination thereof ([0026] LiN(CF3SO2)2 reads as the claimed formula 2B and LiN(C2F5SO2)2 reads on formula 2C).
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Regarding claim 17, Yun discloses all the claim limitations of claim 1.Yun further discloses wherein the lithium salt can be provided with one more selected form the group listed in [0026]. While, Yun is silent with respect to the salt of formula 2 being provided within 10 to 50 wt% of the lithium salt, it would have been obvious for a skilled artisan would to select and adjust the amount of the LiN(CF3SO2)2 salt used to be within 10-50 wt% as Yun broadly discloses a 0-100 wt% use of the at least one lithium salt and thus would render the claim limitation as obvious absent evidence of unexpected results or criticality. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 18, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein the electrolyte can contain other additives such as fluoroethylene carbonate or vinylene carbonate ([0027] fluoroethylene carbonate).
Claims 5-8, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (US 2024/0030490 A1-with priority date of 6/14/2022) as applied to claim 1 above, and further in view of Moon et al. (US 2022/0149358 A1).
Regarding claims 5-7, Yun all the claim limitations of claim 1. Yun discloses a Silicon carbon composite for the active material, however, is silent with respect to the Silicon particles being provided in a core.
Moon discloses a negative electrode active material and is analogous with the instant invention as being within the same field of endeavor of battery cells. Moon discloses a negative electrode active material for a secondary battery comprising a core made of silicon oxide and contains a graphitic material along with amorphous caron that can be positioned on the core and provided in the core ([0008, 0012]).
Therefore, it would have been obvious to substitute the active material of Yun for the active material of Moon as a simple substitute of a Silicon based composite made of silicon and amorphous carbon as both references disclose active material made of the same material thus it would have been obvious to substitute one active material for another that would achieve predictable results. The resulting modification would render obvious the claim limitations of claims 5-7. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding claim 8, modified Yun discloses all the claim limitations of claim 7. Moon further discloses wherein the SiC composite contains a core with a central portion. Moon further discloses wherein the core is provided with voids (Moon [0061] the amorphous carbon may penetrate the inside of the core to increase an electrical conductivity and thus would be provided with voids in which the amorphous carbon penetrates into the core).
Regarding claim 10, modified Yun discloses all the claim limitations of claim 8. Moon further discloses wherein the central portion does not include any amorphous carbon, and the amorphous carbon is present only on a surface portion of the Si-C composite ([0008] the amorphous carbon can be provided as a shell that coats the core).
Regarding claims 11-12, modified Yun discloses all the claim limitations of claim 7. Moon further discloses wherein the negative electrode active material further comprises crystalline carbon such as natural or artificial graphite ([0082] negative electrode active material can include crystalline carbon such as natural or artificial graphite).
Regarding claim 13, Yun discloses all the claim limitations of claim 1. Yun discloses a composite material, however, is silent with respect to the weight % of the Si composite in the negative electrode active material.
Moon discloses a negative electrode active material and is analogous with the instant invention as being within the same field of endeavor of battery cells. Moon discloses a negative electrode active material for a secondary battery comprising a core made of silicon oxide and contains a graphitic material along with amorphous caron that can be positioned on the core and provided in the core ([0008, 0012]). Moon further discloses wherein the composite may be included at 50 parts by weight or more with respect to 100 parts by weight of the negative electrode ([0017]).
Therefore, it would have been obvious to substitute the active material of Yun for the active material of Moon as a simple substitute of a Silicon based composite made of silicon and amorphous carbon as both references disclose active material made of the same material thus it would have been obvious to substitute one active material for another that would achieve predictable results. The resulting modification would render obvious the claim limitations of claim 13 as Moon discloses wherein the composite is provided at a weight of 50% or more and thus would overlap with the claimed range. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 14, modified Yun discloses all the claim limitations of claim 7. Moon further discloses wherein the amorphous carbon comprises soft carbon, hard carbon, mesophase pitch carbide, calcined coke ([0082] negative electrode active material can include soft carbon, hard carbon, mesophase pitch carbide, calcined coke).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (US 2024/0030490 A1-with priority date of 6/14/2022) in view of Moon et al. (US 2022/0149358 A1) as applied to claim 8 above, and further in view of Shin et al. (US 2019/0312264 A1).
Regarding claim 9, modified Yun discloses all the claim limitations of claim 8, however, is silent with respect to the radius of the central portion being 30-50 % of the radius of the composite and wherein the average particle diameter of the Si particles is 10-200 nm.
Shin discloses a negative electrode active material and is analogous with the instant invention being within the same field of endeavor. Shin discloses a negative electrode material comprising silicon nanoparticles having an average diameter of 5-150 nm and a carbon coating layer having a thickness of 1-100 nm ([0016-0019]).
Therefore, it would have been obvious in view of a skilled artisan to adjust the size of the silicon core particles of modified Yun to have an average diameter of 5-150 nm and adjust the amorphous carbon coating to be between 1-100 nm as taught by Shin such that the radius of the central portion is 30-50 % of the total composite while having an average particle diameter of Si particles be between 10 -200 nm. The sizes claimed in claim 9 are thus rendered obvious as the sizes and ratio taught by Shin would read on the claimed sizes for the core and Si-composite. The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (US 2024/0030490 A1-with priority date of 6/14/2022) as applied to claim 1 above, and further in view of Ouki et al. (US 2021/0367230 A1).
Regarding claim 19, Yun discloses all the claim limitations of claim 1. Yun further discloses wherein the cathode active material can be a lithium nickel cobalt manganese oxide ([0096-0097]), however, discloses different ranges for the LNMCO material than that of the claimed invention.
Ouki discloses a positive electrode active material for a secondary battery and is analogous with the instant invention as being within the same field of endeavor of batteries. Ouki discloses wherein the positive electrode can contain a lithium metal oxide comprising LiaNi1-bMbCc wherein M can be cobalt (Co) and manganese (Mn) wherein a is between 0.8-1.2, b is between 0.0-0.4 and c is between 0 and 3 (claim 16).
Therefore, it would have been obvious in view of a skilled artisan to substitute the active material of Yun for the active material of Ouki and select M to be Co and Mn, b to be between 0.0-0.4, a to be between 0.8-1.2, and c to be 0-3 as taught by Ouki as a simple substitution and selection of one active material for another. The resulting modification would broadly teach wherein the active material could be LiNi0.9Co0.1Mn0.1O2 and thus would read on the claim chemical formula 4. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding claim 20, Yun discloses all the claim limitations of claim 19. Ouki discloses wherein in chemical formula 4, x is between 0.88-1 (see modification of claim 19 as the active material could be LiNi0.9Co0.1Mn0.1O2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US 2015/0140435 A1)-discloses a rechargeable lithium battery wherein a negative electrode includes silicon and a carbon based material and contains an electrolyte.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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