DETAILED ACTION
Claims 1-20 are presented for examination, wherein the subject matter of Species A.1, A.3, and B.1 (claims 6-10, 13-14, and 16) are withdrawn.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species A.2 and B.1 in the reply filed on August 6, 2026 is acknowledged.
Claim Objections
Claims 4 and 11 are objected to because they should indicate the “one or more electrically conductive cladding layers” is further required, e.g. “a surface of the polyanion-type positive electrode material further has one or more electrically conductive cladding layers,” or equivalent. Appropriate correction is respectfully required.
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, 5, 15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2021/0175511).
Regarding independent claim 1, Li teaches an electrode assembly; a positive electrode plate; and, a positive electrode active material with improved cyclic expansion force performance that provides increased cycle life; comprising said active material; comprising said plate and active material, wherein said electrode assembly comprising:
(i) a positive electrode plate;
(ii) a negative electrode plate; and,
(iii) a separator, said separator located between said positive electrode plate and said negative electrode plate to achieve an effect of separation,
wherein said positive electrode plate comprises:
(i.a) a positive current collector and
(i.b) a positive active material layer arranged on at least one surface of the positive current collector,
wherein said positive active material layer comprises said positive electrode active material, said positive electrode active material comprising a mixture of two types of active materials, a positive active substance I and a positive active substance II,
Positive Active Substance I:
wherein said positive active substance I is a layered lithium nickel transition metal oxide that may be one of:
- Lix1Ni(1-y1-z1-a1)Coy1Mnz1M1a1O2, wherein
0.90≤x1≤1.05, 0<y1≤0.2, 0<z1≤0.2, 0≤a1≤0.05, may be more specifically 0<y1+z1+a1≤0.4; and,
M1 is selected from one or more of Ti, Al, Zr, Mg, Zn, Ba, Mo, and B;
- Lix2Ni(1-y2-z2-a2)Coy2Alz2M2a2O2, wherein
0.90≤x2≤1.05, 0<y2≤0.1, 0<z2≤0.1, 0≤a2≤0.05, may be more specifically, 0<y2+z2+a2≤0.4; and,
M2 is selected from one or more of Ti, Mn, Zr, Mg, Zn, Ba, Mo, and B; plus,
- a composite material obtained by coating and modifying,
wherein non-limiting specific examples of said positive active substance I include LiNi0.5Co0.2Mn0.3O2, LiNi0.5Co0.25Mn0.25O2, LiNi0.55Co0.15Mn0.3O2, LiNi0.55Co0.1Mn0.35O2, LiNi0.55Co0.05Mn0.4O2, LiNi0.65Co0.15Mn0.2O2, LiNi0.65Co0.12Mn0.23O2, LiNi0.65Co0.1Mn0.25O2, LiNi0.65Co0.05Mn0.3O2, and the like; and,
Positive Active Substance II:
wherein said positive active substance II is an olivine-type li-containing phosphate that may be:
- LiFe1-x3-y3Mnx3M’y3PO4, wherein
0≤x3<1, y3<01; and,
M’ is selected from one or more of transition metal elements other than Fe and Mn and non-transition metal elements,
wherein a non-limiting specific example of said positive active substance II is LiFePO4,
wherein a mass percentage (“A”) of said positive active substance II in a total weight of said positive active material satisfies 2 mass% ≤ A ≤ 40 mass%, more specifically, 10 mass% ≤ A ≤ 20 mass%, in order to support good charge-discharge power performance of said battery under a low SOC and a relatively high volume energy density of said battery cell
(e.g. ¶¶ 0002, 04, 06, 10-11, 14, 16-17, 22-24, 41, 56, 62-67, 69-70, 89, 99-100), reading on “positive electrode active material,” said positive electrode active material comprising said mixture of
(1) said positive active substance I is said layered lithium nickel transition metal oxide is selected from one or more of
- Lix1Ni(1-y1-z1-a1)Coy1Mnz1M1a1O2, wherein
0.90≤x1≤1.05, 0<y1≤0.2, 0<z1≤0.2, 0≤a1≤0.05, may be more specifically 0<y1+z1+a1≤0.4; and,
M1 is selected from one or more of Ti, Al, Zr, Mg, Zn, Ba, Mo, and B;
- Lix2Ni(1-y2-z2-a2)Coy2Alz2M2a2O2, wherein
0.90≤x2≤1.05, 0<y2≤0.1, 0<z2≤0.1, 0≤a2≤0.05, may be more specifically, 0<y2+z2+a2≤0.4; and,
M2 is selected from one or more of Ti, Mn, Zr, Mg, Zn, Ba, Mo, and B; plus,
- a composite material obtained by coating and modifying,
wherein specific non-limiting examples of said positive active substance I include LiNi0.5Co0.2Mn0.3O2, LiNi0.5Co0.25Mn0.25O2, LiNi0.55Co0.15Mn0.3O2, LiNi0.55Co0.1Mn0.35O2, LiNi0.55Co0.05Mn0.4O2, LiNi0.65Co0.15Mn0.2O2, LiNi0.65Co0.12Mn0.23O2, LiNi0.65Co0.1Mn0.25O2, LiNi0.65Co0.05Mn0.3O2, and the like
(e.g. supra), reading on “a low-to-medium nickel ternary material,” severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “the low-to-medium nickel ternary material is LiNixCoyM11−x−yO2, wherein 0.5≤x≤0.69, y>0, 1−x−y>0, and M1 is selected from one or more of Al, Mn, Mg, Nb, Ti, and Ba,”
wherein said positive electrode active material comprising said mixture of two types of active materials, said positive active substance I and said positive active substance II; and, said mass percentage (“A”) of said positive active substance II in said total weight of said positive active material satisfies 2 mass% ≤ A ≤ 40 mass%, more specifically, 10 mass% ≤ A ≤ 20 mass% (e.g. supra), so said lithium nickel transition metal oxide is a balance of said positive electrode active material, which may be calculated to e.g. 60-98 mass%, more specifically 80-90 mass%, severably establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “the low-to-medium nickel ternary material has a mass ratio W1 ≥ 45% in the positive electrode active material;” and,
(2) said positive active substance II is said olivine-type li-containing phosphate that may be:
- LiFe1-x3-y3Mnx3M’y3PO4, wherein
0≤x3<1, y3<01; and,
M’ is selected from one or more of transition metal elements other than Fe and Mn and non-transition metal elements,
wherein said specific non-limiting example of said positive active substance II is LiFePO4,
wherein a mass percentage (“A”) of said positive active substance II in a total weight of said positive active material satisfies 2 mass% ≤ A ≤ 40 mass%, more specifically, 10 mass% ≤ A ≤ 20 mass%, in order to support good charge-discharge power performance of said battery under a low SOC and a relatively high volume energy density of said battery cell (e.g. supra),
said taught LiFePO4 olivine-type li-containing phosphate corresponding with the claimed “high-lattice-volume-change positive electrode material” (claim 1) and “polyanion-type positive electrode material” (e.g. claim 2),
reading on “…positive electrode material,” but does not expressly teach the limitations “a high-lattice-volume-change positive electrode material” and “the high-lattice-volume-change positive electrode material satisfies a thickness change rate of a positive electrode active substance layer being ≥2.6%, wherein the thickness change rate is (H1−H2)/H1, wherein H1 is a fully discharged thickness of the positive electrode active substance layer, and H2 is a fully charged thickness of the positive electrode active substance layer.”
However, Li teaches a substantially identical positive electrode active material (e.g. supra, compared with instant specification, at e.g. ¶¶ 0006-10, 46, 59-74, 97, and 104, and 112), severably establishing a prima facie case of obviousness of the claimed limitations, see also e.g. MPEP § 2112.01; and/or, the limitation “a thickness change rate of a positive electrode active substance layer being ≥2.6%, wherein the thickness change rate is (H1−H2)/H1, wherein H1 is a fully discharged thickness of the positive electrode active substance layer, and H2 is a fully charged thickness of the positive electrode active substance layer” (emphasis added) is outside the scope of the instantly claimed material and does not patentably distinguish the instant invention from the art, as claimed.
Regarding claims 2-3, Li teaches the positive electrode active material of claim 1, wherein said positive active substance II is said olivine-type li-containing phosphate that may be LiFe1-x3-y3Mnx3M’y3PO4, wherein 0≤x3<1, y3<01; and, M’ is selected from one or more of transition metal elements other than Fe and Mn and non-transition metal elements, wherein said specific non-limiting example of said positive active substance II is LiFePO4 (e.g. supra), reading on “the high-lattice-volume-change positive electrode material comprises … a polyanion-type positive electrode material, wherein … the polyanion-type positive electrode material is a lithium iron phosphate material ….” (claim 2); and, severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “a chemical formula of the lithium iron phosphate material is LiFeαM2βPO4, wherein α+β=1, 0.2≤α≤1, 0≤β≤0.8, and M2 is selected from one or more of Ti, Mg, V, Cr, Zr, Nb and W” (claim 3).
Regarding claims 5 and 15, Li teaches the positive electrode active material of claims 3 and 2, wherein said positive active material layer comprises said positive electrode active material, said positive electrode active material comprising said mixture of two types of active materials, said positive active substance I and said positive active substance II, wherein details thereof as provided supra are incorporated herein by reference (e.g. supra), reading on “the positive electrode active material consists of the low-to-medium nickel ternary material and the polyanion-type positive electrode material” (claims 5 and 15); and, said mass percentage (“A”) of said positive active substance II in said total weight of said positive active material satisfies 2 mass% ≤ A ≤ 40 mass%, more specifically, 10 mass% ≤ A ≤ 20 mass% (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a mass percentage W3 of the polyanion-type positive electrode material in the positive electrode active material satisfies: 0<W3≤50%” (claims 5 and 15).
Regarding claims 17-20, Li is applied as provided supra, with the following modifications.
Still regarding independent claim 17, Li teaches said positive electrode plate comprising:
(1.a) said positive current collector and
(1.b) said positive active material layer arranged on at least one surface of the positive current collector,
wherein said positive active material layer comprises said positive electrode active material
(e.g. supra), reading on “positive electrode plate, comprising a positive electrode current collector and a positive electrode active substance layer disposed on at least one side of the positive electrode current collector, wherein a material of the positive electrode active substance layer comprises the positive electrode active material according to claim 1.”
Still regarding independent claim 20, Li teaches said electrode assembly comprising:
(1) said positive electrode plate;
(2) said negative electrode plate; and,
(3) said separator, said separator located between said positive electrode plate and said negative electrode plate to achieve an effect of separation
(e.g. supra), reading on “electrode assembly, comprising a negative electrode plate, a separator, and the positive electrode plate according to claim 17 disposed in sequence.”
Claims 4 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (US 2021/0175511), as provided supra, in view of Paulsen et al (US 2016/0240856).
Regarding claims 4 and 11, Li teaches the positive electrode active material of claims 3 and 2, wherein said positive active substance II is said olivine-type li-containing phosphate that may be LiFe1-x3-y3Mnx3M’y3PO4, wherein 0≤x3<1, y3<01; and, M’ is selected from one or more of transition metal elements other than Fe and Mn and non-transition metal elements, wherein said specific non-limiting example of said positive active substance II is LiFePO4 (e.g. supra), but does not expressly teach “a surface of the polyanion-type positive electrode material has one or more electrically conductive cladding layers” (claims 4 and 11).
However, Paulsen teaches a positive electrode olivine electrochemically active powder for use in a lithium-ion battery, said powder comprising carbon-coated electrochemically active compound particles, said olivine electrochemically active compound particles preferably having an olivine structure that may be represented by formula LiMPO4, wherein M may be Fe; further, Paulsen teaches olivine electrochemically active compound particles have low electric conductivity, so Paulsen coats said olivine-type li-containing phosphate particles with a layer of said carbon-coating, resulting in an enhanced surface electronic conductivity of active powders and electrodes containing said active powders resulting in optimal specific capacities, enhanced rate performance and cycling life, reduced polarization effects during charge and discharge, and high stability of said active powder during charge and discharge (e.g. ¶¶ 0001, 17-22, 27, 34, and 93).
As a result, it would have been obvious to a person of ordinary skill in the art to apply said layer of carbon-coating of Paulsen to the LiFePO4 positive active substance II of Li, since Paulsen teaches said layer of said carbon-coating results in enhanced surface electronic conductivity of active powders; and/or, electrodes containing said active powders resulting in optimal specific capacities, enhanced rate performance and cycling life, reduced polarization effects during charge and discharge, and/or high stability of said active powder during charge and discharge: alternatively, it would have been obvious to a person of ordinary skill in the art to substitute the positive electrode olivine electrochemically active powder of Paulsen, which includes said carbon-coat layer on said LiFePO4 electrochemically active compound particles, for the LiFePO4 positive active substance II of Li, since Paulsen teaches its powder results in electrodes containing said active powders to have optimal specific capacities, enhanced rate performance and cycling life, reduced polarization effects during charge and discharge, and/or high stability of said active powder during charge and discharge.
Li as modified reading on “a surface of the polyanion-type positive electrode material has one or more electrically conductive cladding layers” (claims 4 and 11).
Regarding claim 12, Li teaches the positive electrode active material of claim 11, wherein Li teaches said positive active material layer comprises said positive electrode active material, said positive electrode active material comprising said mixture of two types of active materials, said positive active substance I and said positive active substance II, wherein details thereof as provided supra are incorporated herein by reference (e.g. supra), reading on “the positive electrode active material consists of the low-to-medium nickel ternary material and the polyanion-type positive electrode material;” and, said mass percentage (“A”) of said positive active substance II in said total weight of said positive active material satisfies 2 mass% ≤ A ≤ 40 mass%, more specifically, 10 mass% ≤ A ≤ 20 mass% (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a mass percentage W3 of the polyanion-type positive electrode material in the positive electrode active material satisfies: 0<W3≤50%.”
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yoon et al (US 2026/0204562);
Li et al (US 2025/0357530);
Doo et al (US 2025/0336952);
Kim et al (US 2025/0336944);
Kim et al (US 2025/0336928);
Kim et al (US 2025/0336924);
Bang et al (US 2025/0316682);
Kobayashi et al (US 2024/0186494);
Zeng et al (US 2019/0139710);
Won et al (US 2015/0228973);
Song et al (US 2015/0228970);
Kim et al (US 2015/0214543);
Takami et al (US 2015/0010820);
Yamaguchi et al (US 2014/0080007); and,
Fan et al (US 2012/0052299).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
Prosecution Insights