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 .
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.
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, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al. (US 2012/064533 A1) (disclosed by Applicant on IDS dated 01/29/2025) further in view of Kim et al. (US 2023/0416111 A1).
In Regards to Claim 1:
Senoue discloses a positive electrode active material for a non-aqueous electrolyte secondary battery (lithium ion secondary battery) (Figure 1, [0013, 0018, 0097-0098]). Senoue further discloses that the positive electrode active material includes first lithium-transition metal composite oxide (first lithium composite oxide) represented by formula (1), Li1+a(NibM1cM21-b-c)1.5-0.5aO2, wherein M1 is at least one element selected from groups 13 to 15 excluding B, C, or N, M2 is at least one element selected from groups 2 to 12, 0.95≤a≤1.05, 0<b≤0.99, and 0<c≤0.15 [0029-0031].
From formula (1) of Senoue as detailed above, the skilled artisan would appreciate that the first lithium-transition metal composite oxide (first lithium composite oxide) may be, for example, Li2Ni0.999Al0.001O2 wherein a=1, b=0.999, c=0.001, and M1 is Al, according to Senoue’s formula (1). The skilled artisan would further appreciate that such a material, Li2Ni0.999Al0.001O2, may be represented by the formula of instant Claim 1 wherein a=2, b=0.999, and M1=Al.
Senoue is deficient in disclosing that the first lithium-transition metal composite oxide has pores at an inside thereof, and a porosity of the first lithium-transition metal composite oxide is 2%-10%.
Kim discloses a positive electrode active material (positive active material) for a non-aqueous electrolyte secondary battery (rechargeable lithium battery, 100), wherein the positive electrode active material (positive active material) comprises a nickel-based lithium transition metal oxide (Figure 2, [0002, 0059, 0154, 0165]). Kim further discloses that the positive electrode active material (positive active material) has a porosity between 0.5% and 2.5% [0026]. Kim teaches that when the positive electrode active material (positive active material) has a porosity between 0.5% and 2.5%, lithium ions may be easily intercalated/deintercalated thus improving charging/discharging characteristics of the non-aqueous electrolyte secondary battery (rechargeable lithium battery, 100) [0074].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the positive electrode active material of Senoue to have pores therein with a porosity between 0.5% and 2.5%, as it is known in the art that a transition metal oxide having a porosity between 0.5% and 2.5% is suitable for use as a positive electrode active material in a non-aqueous electrolyte secondary battery, as taught by Kim. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). By doing so, the skilled artisan would have a reasonable expectation of success in providing a positive electrode active material which may be easily intercalated/deintercalated thus improving charging/discharging characteristics of the non-aqueous electrolyte secondary battery, as taught by Kim. Upon the above modification, all of the limitations of Claim 1 are met.
In Regards to Claim 3 (Dependent Upon Claim 1):
Senoue as modified by Kim discloses the positive electrode active material of Claim 1 as set forth above. As detailed above in the rejection of Claim 1, the first lithium-transition metal composite oxide (first lithium composite oxide) may be, for example, Li2Ni0.999Al0.001O2 wherein a=1, b=0.999, c=0.001, and M1 is Al.
Senoue further discloses that lithium oxide (Li2O), nickel oxide (NiO), and aluminum oxide (Al2O3) may be used as raw materials to synthesize a lithium-transition metal composite oxide, wherein the resulting lithium-transition metal composite oxide includes a Li2NiO2 crystal peak [0143-0144]. The skilled artisan would appreciate that when the raw materials are utilized to produce the first lithium-transition metal composite oxide (first lithium composite oxide), it would be expected that at least trace amounts of the unreacted raw materials are present in the final product. As such, the skilled artisan would expect that the first lithium-transition metal composite oxide (first lithium composite oxide) includes at least trace amounts of Li2O and NiO. Thus, all of the limitations of Claim 3 are met.
In Regards to Claim 12 (Dependent Upon Claim 1):
Senoue as modified by Kim discloses the positive electrode active material of Claim 1 as set forth above. Senoue further discloses a non-aqueous electrolyte secondary battery (lithium ion secondary battery) comprising: a positive electrode (21) including the positive electrode active material for the non-aqueous electrolyte secondary battery (lithium ion secondary battery) according to Claim 1, a negative electrode (22), and a non-aqueous electrolyte (electrolytic solution) (Figure 1, [0018, 0029, 0069, 0097-0098]). Thus, all of the limitations of Claim 12 are met.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al. (US 2012/064533 A1) (disclosed by Applicant on IDS dated 01/29/2025) as modified by Kim et al. (US 2023/0416111 A1), as applied to Claim 1, with evidentiary support from Xu et al. (NPL, J. Phys. Chem. C.) (disclosed by Applicant on IDS dated 01/29/2025) (citations herein made in reference to the copy attached to the IDS dated 01/29/2025).
In Regards to Claim 2 (Dependent Upon Claim 1):
Senoue as modified by Kim discloses the positive electrode active material of Claim 1 as set forth above. As detailed above in the rejection of Claim 1, the first lithium-transition metal composite oxide (first lithium composite oxide) may be, for example, Li2Ni0.999Al0.001O2 wherein a=1, b=0.999, c=0.001, and M1 is Al.
Senoue and Kim are silent to the crystal structure of the first lithium-transition metal composite oxide (first lithium composite oxide). However, Xu teaches that Li2NiO2 belongs to the orthorhombic lmmm space group (p.1, Introduction, Col. 2). The skilled artisan would appreciate that Li2Ni0.999Al0.001O2 is substantially identical to Li2NiO2, and thus would expect it to similarly belong to the lmmm space group. Thus, all of the limitations of Claim 2 are met.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al. (US 2012/064533 A1) (disclosed by Applicant on IDS dated 01/29/2025) as modified by Kim et al. (US 2023/0416111 A1), as applied to Claim 1, with further in view of Konishi et al. (US 2011/0129734 A1).
In Regards to Claim 4 (Dependent Upon Claim 1):
Senoue as modified by Kim discloses the positive electrode active material of Claim 1 as set forth above. Senoue further discloses that the positive electrode active material comprises a first lithium-transition metal composite oxide (first lithium composite oxide) and a second lithium-transition metal composite oxide (second lithium composite oxide) [0017]. Senoue further discloses that the positive electrode active material includes first lithium-transition metal composite oxide (first lithium composite oxide) and the second lithium-transition metal composite oxide (second lithium composite oxide) may be represented by formula (1), Li1+a(NibM1cM21-b-c)1.5-0.5aO2, wherein M1 is at least one element selected from groups 13 to 15 excluding B, C, or N, M2 is at least one element selected from groups 2 to 12, 0.95≤a≤1.05, 0<b≤0.99, and 0<c≤0.15 [0017, 0029-0031].
Senoue is deficient in disclosing that the second lithium-transition metal composite oxide is represented by a general formula LicNi2-c-dM2dO2 (wherein 0<c<0.5,0<d<0.5, and M2 is at least one metal element other than Li and Ni).
Konishi discloses a positive electrode active material (cathode material) for a non-aqueous secondary battery (lithium ion secondary battery), the positive electrode active material (cathode material) comprising a first lithium-transition metal composite oxide (first cathode active substance) and a second lithium-transition metal composite oxide (second cathode active substance) [0013, 0064]. Konishi further discloses that the second lithium-transition metal composite oxide (second cathode active substance) is represented by Lix2Nia2Mnb2Coc2MdO2 wherein 0.2≤x2≤1.2, 0.7≤a2≤0.9, 0.05≤b2≤0.3, 0.05≤c2≤0.3, M=Mo, W, 0≤d≤0.06, and a2+b2+c2+d=1 [0013].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the second lithium-transition metal composite oxide of Senoue, the second lithium-transition metal composite oxide of Konishi, as such a material is known in the art as suitable for use as a second lithium-transition metal composite oxide which is mixed with a first lithium-transition metal composite oxide to serve as a positive electrode active material for a non-aqueous electrolyte secondary battery, as taught by Konishi. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
The skilled artisan would appreciate that upon the above modification detailed above, modified Senoue renders obvious the claimed formula as the formula of Konishi is merely close to the claimed range for element Ni. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” or are “merely close” a prima facie case obviousness exists (MPEP §2144.05). Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 5 (Dependent Upon Claim 4):
Senoue as modified by Kim and Konishi discloses the positive electrode active material of Claim 4 as set forth above. Senoue further discloses that the first lithium-transition metal composite oxide (first lithium composite oxide) and the second lithium-transition metal composite oxide (second lithium composite oxide) may be included at a weight ratio of 90:10 (Example 1-1, Table 1). As such, the content of the second lithium-transition metal composite oxide (second lithium composite oxide) may be 10 mass% with respect to a total mass of the first lithium-transition metal composite oxide (first lithium composite oxide) and the second lithium-transition metal composite oxide (second lithium composite oxide). Thus, all of the limitations of Claim 5 are met.
In Regards to Claim 6 (Dependent Upon Claim 4):
Senoue as modified by Kim and Konishi discloses the positive electrode active material of Claim 4 as set forth above.
Senoue is silent to the second lithium-transition metal composite oxide having at least one diffraction peak having a peak top in a diffraction angle (20) of 21.40°~21.65° in radiation X-ray diffraction (with a light energy of 16 keV). However, the skilled artisan would appreciate that modified Senoue discloses the second lithium-transition metal composite oxide (second lithium composite oxide) according to Claim 4, and as such it would be expected that the second lithium-transition metal composite oxide would indeed have at least one diffraction peak having a peak top in a diffraction angle (20) of 21.40°~21.65° in radiation X-ray diffraction (with a light energy of 16 keV). Thus, all of the limitations of Claim 6 are met.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al. (US 2012/064533 A1) (disclosed by Applicant on IDS dated 01/29/2025) as modified by Kim et al. (US 2023/0416111 A1) and Konishi et al. (US 2011/0129734 A1), as applied to Claim 4 above, further in view of Lee et al. (US 2012/0021287 A1).
In Regards to Claim 7 (Dependent Upon Claim 4):
Senoue as modified by Kim and Konishi discloses the positive electrode active material of Claim 4 as set forth above.
Senoue is deficient in disclosing a third lithium-transition metal composite oxide represented by a general formula LixNi1-y-zCoyM3zO2 (wherein 0.97<x<1.2,Oy<0.2, 0<z<0.5, and M3 is at least one element selected from the group consisting of Mn, W, Mg, Mo, Nb, Ti, Si, Al, and Zr).
Lee discloses a positive electrode active material for a non-aqueous electrolyte secondary battery (lithium battery) wherein the positive electrode active material includes a first lithium-transition metal composite oxide (first active material), a second lithium-transition metal composite oxide (second active material), and a third lithium-transition metal composite oxide (third active material) [0014, 0021, 0037, 0056]. Lee further discloses that the third lithium-transition metal composite oxide (third active material) may be represented by LiaNibCocMndGeO2 wherein 0.9≤a≤1.1, 0≤b≤0.9, 0≤c≤0.5, 0≤d≤0.5, 0≤e≤0.1, and G may be Al [0038-0040].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the positive electrode active material of Senoue to further include the third lithium-transition metal composite oxide of Lee, as it is known in the art that a third lithium-transition metal composite oxide may be suitably mixed with a first lithium-transition metal composite oxide and a second lithium-transition metal composite oxide for use as a positive electrode active material in a non-aqueous secondary battery, as taught by Lee. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Upon the above modification, the skilled artisan would appreciate that there are multiple embodiments of the third lithium-transition metal composite oxide of modified Senoue which may be represented by the general formula of instant Claim 7. For example, the third lithium-transition metal composite oxide of modified Senoue may be LiNi0.85Co0.05Mn0.05Al0.05O2, wherein x=1, y=0.05, z=0.1, and M3 is Mn and Al. Thus, all of the limitations of Claim 7 are met.
In Regards to Claim 8 (Dependent Upon Claim 7):
Senoue as modified by Kim, Konishi, and Lee discloses the positive electrode active material of Claim 7 as set forth above. As detailed above in the rejection of Claim 7, modified Senoue discloses that the positive electrode active material comprises a first lithium-transition metal composite oxide (first lithium composite oxide), a second lithium-transition metal composite oxide (second lithium composite oxide), and a third lithium-transition metal composite oxide.
Lee further discloses that a weight ratio of a mixture of the first lithium-transition metal composite oxide (first active material) and the second lithium-transition metal composite oxide (second active material) to the third lithium-transition metal composite oxide (third active material) may be between 1:99 to about 50:50 [0013].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” or are “merely close” a prima facie case obviousness exists (MPEP §2144.05). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the weight ratio of a mixture of the first lithium-transition metal composite oxide and the second lithium-transition metal composite oxide to the third lithium-transition metal composite oxide of modified Senoue, between 1:99 to about 50:50, as such ratio is known in the art as suitable for the composition of a positive electrode active material comprising three active materials, as taught by Lee. Upon the above modification, all of the limitations of Claim 8 are met.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al. (US 2012/064533 A1) (disclosed by Applicant on IDS dated 01/29/2025) as modified by Kim et al. (US 2023/0416111 A1), Konishi et al. (US 2011/0129734 A1) and Lee et al. (US 2012/0021287 A1), as applied to Claim 7 above, with evidentiary support from Baek et al. (US 2021/022606 A1).
In Regards to Claim 9 (Dependent Upon Claim 7):
Senoue as modified by Kim, Konishi, and Lee discloses the positive electrode active material of Claim 7 as set forth above. As detailed above in the rejection of Claim 7, modified Senoue discloses a third lithium-transition metal composite oxide which may be LiNi0.85Co0.05Mn0.05Al0.05O2.
Modified Senoue is deficient in disclosing that the third lithium-transition metal composite oxide has a crystal structure belonging to a space group R-3m.
However, Baek discloses a positive electrode active material for a non-aqueous secondary battery, wherein the positive electrode active material comprises a lithium-transition metal composite oxide (lithium composite transition metal oxide powder) [0009]. Baek further discloses that the lithium-transition metal composite oxide (lithium composite transition metal oxide powder) may be represented by LixNiaCobMncMdO2, wherein 0.9≤x≤1.2, 0.85≤a≤0.99, 0<b<0.15, 0<c<0.15, 0<d<0.15, and M may be Al [0011-0012]. Baek further discloses that the lithium-transition metal composite oxide (lithium composite transition metal oxide powder) has a crystal structure belonging to a space group R-3m [0043].
As such, the skilled artisan would appreciate that LiNi0.85Co0.05Mn0.05Al0.05O2 falls within the scope of the formula presented by Baek, wherein x=1, a=0.85, b=0.05, c=0.05, d=0.05, and M=Al. Therefore, as there is at least one overlapping material between the materials taught by modified Senoue and Baek, the skilled artisan would expect that the third lithium-transition metal composite oxide of modified Senoue has a crystal structure belonging to a space group R-3m. Thus, all of the limitations of Claim 9 are met.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al. (US 2012/064533 A1) (disclosed by Applicant on IDS dated 01/29/2025) as modified by Kim et al. (US 2023/0416111 A1), Konishi et al. (US 2011/0129734 A1) and Lee et al. (US 2012/0021287 A1), as applied to Claim 7 above, further in view of Baek et al. (US 2021/022606 A1).
In Regards to Claim 10 (Dependent Upon Claim 7):
Senoue as modified by Kim, Konishi, and Lee discloses the positive electrode active material of Claim 7 as set forth above. As detailed above in the rejection of Claim 7, modified Senoue discloses a third lithium-transition metal composite oxide which may be LiNi0.85Co0.05Mn0.05Al0.05O2.
Senoue is deficient in disclosing that on a particle surface of the third lithium-transition metal composite oxide, a compound containing at least one element selected from the group consisting of Sr, Ca, W, Mg, Nb, Al, B, and Zr is adhered.
Baek discloses a positive electrode active material for a non-aqueous secondary battery, wherein the positive electrode active material comprises a lithium-transition metal composite oxide (lithium composite transition metal oxide powder) [0009]. Baek further discloses that the lithium-transition metal composite oxide (lithium composite transition metal oxide powder) may be represented by LixNiaCobMncMdO2, wherein 0.9≤x≤1.2, 0.85≤a≤0.99, 0<b<0.15, 0<c<0.15, 0<d<0.15, and M may be Al [0011-0012]. Baek further discloses that a coating layer may be adhered to the surface of the lithium-transition metal composite oxide (lithium composite transition metal oxide powder), wherein the coating layer may comprise Sr, Ca, W, Mg, Nb, Al, B, and Zr [0013]. Baek teaches that the coating layer reduces the contact between a transition metal in the lithium-transition metal composite oxide (lithium composite transition metal oxide powder) and an electrolyte, thus preventing a reduction in the structural stability of the lithium-transition metal composite oxide (lithium composite transition metal oxide powder) due to a reaction with the electrolyte [0037].
The skilled artisan would appreciate that LiNi0.85Co0.05Mn0.05Al0.05O2 falls within the scope of the formula presented by Baek, wherein x=1, a=0.85, b=0.05, c=0.05, d=0.05, and M=Al.
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the third lithium-transition metal composite oxide to include the coating layer of Baek, as it is known in the art as a suitable feature for a lithium-transition metal oxide in a non-aqueous electrolyte secondary battery, as taught by Baek. Furthermore, the skilled artisan would have a reasonable expectation of success in preventing a reduction in the structural stability of the lithium-transition metal composite oxide due to a reaction with the electrolyte, as taught by Baek. By doing so, all of the limitations of Claim 10 are met.
In Regards to Claim 11 (Dependent Upon Claim 10):
Senoue as modified by Kim, Konishi, Lee, and Baek discloses the positive electrode active material of Claim 10 as set forth above. Upon the modification detailed above in the rejection of Claim 10, modified Senoue discloses that the third lithium-transition metal composite oxide includes a coating layer which may comprise at least one selected from Sr, Ca, W, Mg, Nb, Al, B, and Zr.
Modified Senoue is silent to an amount of the element(s) in the coating layer.
However, the examiner notes that the term “an amount” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of the prior art. As such, the skilled artisan would appreciate that there is necessarily some amount of the at least one element which may be selected to represent between 0.05 mol%~1.0 mol% in equivalence of the metal elements, with respect to the metal elements of the third lithium-transition metal composite oxide other than Li. For example, the skilled artisan could select arbitrarily, for example, “half” of the total amount of the at least one element or “1/1000” of the total amount of the at least one element. Thus, all of the limitations of Claim 11 are met.
Conclusion
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/E.E.F./ Examiner, Art Unit 1724
/STEWART A FRASER/ Primary Examiner, Art Unit 1724
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