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 .
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.
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
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kuroda (US 2023/0039190 A1).
Regarding claim 1, Kuroda discloses a positive electrode comprising a positive electrode core/current collector [0299] and a positive electrode mixture layer comprising a positive electrode active material on the current collector [0300]. This positive electrode active material is comprised of first single particles with a diameter in the range of 0.5 µm – 10 µm ([0062] – [0063]), which overlaps with the claimed range of 4 µm or greater. 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, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05 (I).
There are second single particles that are disposed around the first single particles (the “adhered fine particles” that adhere to part of the surfaces of the first single particles; [0089]). Their diameter may be between 0.02 – 0.09 times the size of the D50 of all the lithium composite oxide particles ([0116] - [0117]). The diameter of the first single particles may be between 0.5 – 1.4 times the size of the D50 of all of the lithium composite oxide particles [0102]. 0.09 * 5 = 0.45, which is less than 0.5. Therefore, according to these cited ranges, all of the second single particles must necessarily be smaller than the first single particles, satisfying the limitation of where a second single particle adjacent to a first single particle must have a diameter that is less than or equal to 1/5 the particle diameter of an adjacent first single particle.
Kuroda teaches that the ratio of first single particles to the total number of secondary particles and primary particles not forming secondary particles (including the first single particles) is preferably 20% or more [0067]. This ratio does not account for the second single particles (Kuroda’s “adhered fine particles”) and therefore does not represent the total amount of particles in the positive electrode active material. Kuroda, however, teaches that the average number of second single particles that adhere to the first single particle is preferably between 4 – 15 [0123]. Kuroda teaches that when the number of second single particles per first single particle is within that range, the contact area between the positive active material and the electrolytic solution increases, reducing charge transfer resistance [0133]. When the number of second single particles is less than the lower limit, the surface area between the active material and electrolytic solution decreases and the resistance associated with the electrons’ movement increases [0134]. When the number of second single particles is greater than the upper limit, the second single particles start to form a layer of second single particles that increases the resistance between the second single particles in that layer [0135].
In other words, Kuroda teaches that there is an optimal number of second single particles per first single particle in order to optimize the contact area between the positive active material and the electrolytic solution to decrease internal resistance in the active material layer. Optimizing the amount of second single particles would result in the optimization of the total number of particles. This sort of routine optimization, in view of the ratio Kuroda teaches in paragraph [0067], may lead to an optimal amount of first single particles compared to the total number of particles in the active material, i.e., the claimed range of 3% - 30%. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the present invention to optimize the total amount of first and second single particles in Kuroda’s disclosure in order to optimally decrease resistance in the positive active material layer.
Regarding claim 2, Kuroda teaches that composition of the active material is represented by Li[Lim(Ni(1-n)Xn)1-m]O2, wherein: X is at least one element selected from the group consisting of Co, Mn, Fe, Cu, Ti, Mg, Al, W, Mo, Nb, Zn, Sn, Zr, Ga, V, B, Si, S and P; m and n satisfy −0.1≤m≤0. 2, 0<n≤0.6 and 0<m+n<0.6 [0147]. If n = 0.1 and m = 0, the resulting composition is LiNi0.9X0.1O2. Here, nickel is 90% of the metals present (excluding lithium). Therefore, Kuroda teaches the claimed composition.
Regarding claim 3, Kuroda teaches a secondary battery comprising the positive electrode of claim 1, a negative electrode, and a non-aqueous electrolyte [0286].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kamiyama (US 2017/0125796 A1) teaches a positive electrode active material comprised of first particles [0042] that have second particles of a much smaller size [0063] aggregated on the surface of the first particles. The key distinction between this disclosure and the present application is that the first particles are large aggregates while the Applicant’s first single particles are particles that do not contain grain boundaries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN K BLACKWELL-RUDASILL whose telephone number is (571)270-0563. The examiner can normally be reached Monday - Friday 9:00 a.m. - 5:00 p.m.
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/R.B.R./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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