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 Status
Claims 1-18 are pending.
Drawings
The drawings are objected to for illegibility. The resolution of the Figure renders the lines illegible, and should be adjusted to improve clarity. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The text of the first row of the twelfth column (to the right of the “Specific capacity of positive electrode plate column) of Table 2 is not visible, making the values in subsequent rows uninterpretable.
Appropriate correction is required.
Claim Objections
Claims 4 and 13 are objected to because of the following informalities:
For both Claims 4 and 6, a range of values of P is claimed, written as “0.21–0.0056A ≤ P ≤ 0.2”. The inequality should be corrected to “(0.21-0.0056A) ≤ P ≤ 0.2”).
Appropriate correction is required
Claim Rejections - 35 USC § 102
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jobst et al. (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action).
Regarding Claim 1, Jobst discloses an electrochemical apparatus (“Cell assembly” section – pg. 3935), comprising a positive electrode plate (“Electrode preparation” section – pg. 3935), wherein the positive electrode plate comprises a positive electrode material layer (“Electrode preparation” section – pg. 3935), the positive electrode material layer comprises a positive electrode active material (“Electrode preparation” section – pg. 3935), elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe (“Electrode preparation” section – pg. 3935; Table 1 – 75% LMO label) and the positive active material satisfies: a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms of 7.85-7.92 (Table 1 – 75% LMO label); and a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms of 0.623-0.624 (Table 1 – 75% LMO label).
Regarding Claim 2, Jobst discloses the electrochemical apparatus according to Claim 1. Jobst further discloses wherein A/B is between [12.59-12.72] (Table 1 – 75% LMO label)
Regarding Claim 7, Jobst discloses the electrochemical apparatus according to Claim 1. Jobst further discloses wherein the positive electrode active material comprises lithium manganese oxide spinel (Table 1 – 75% LMO label; page 3928, col. 2, 1st paragraph).
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.
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 3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN105047898A – English translation furnished with Office Action) in view of Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action).
Regarding Claim 3, Zhang discloses an electrochemical apparatus ([0002]) comprising a positive electrode plate ([0031]), wherein the positive electrode plate comprises a positive active material layer ([0031]) and the positive electrode active material comprises a positive electrode active material ([0007, 0031]). Zhang further discloses wherein the positive electrode plate and lithium metal ([0031]) are assembled into a button cell ([0031]) and in a first-cycle charge capacity differential curve of the button cell ([0026]), a ratio P of an area of a peak at 4.4V to 4.6 V to an area of a peak at 3.9V to 4.6V is 0.070 (see annotated Figure 6 of Zhang below). However, Zhang does not disclose wherein elements in the positive electrode material comprise Li, Mn, Ni, Co, and Fe, and consequently does not disclose that the positive electrode material satisfies at least one of the following conditions: a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms is 3.5 to 40; or a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms is 0.51 to 0.79.
PNG
media_image1.png
1814
1173
media_image1.png
Greyscale
Annotated Figure 6 from CN105047898A Zhang et al., Note that the figure is shown in duplicate to highlight peak areas from 3.9-4.6V (top plot) and 4.4-4.6V (bottom plot) which were estimated by manually integrating using https://areaofirregularshapescalc.com/image-trace-area-calculator/ to then calculate the relative ratio of the two peak areas.
Jobst discloses an electrochemical apparatus (“Cell assembly” section – pg. 3935), comprising a positive electrode plate (“Electrode preparation” section – pg. 3935), wherein the positive electrode plate comprises a positive electrode material layer (“Electrode preparation” section – pg. 3935), and the positive electrode material layer comprises a positive electrode active material (“Electrode preparation” section – pg. 3935). Jobst further discloses that elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe (“Electrode preparation” section – pg. 3935; Table 1 – 75% LMO label) and the positive active material satisfies: a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms of 7.85-7.92 (Table 1 – 75% LMO label); and a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms of 0.623-0.624 (Table 1 – 75% LMO label), teaching that a blended composition of LiNi0.5Mn0.3Co0.2O2, LiFe0.3Mn0.7PO4/C and LiMn0.9(Al,B)0.1O4 achieving the aforementioned ratios A and B achieve synergistic effects in rate capability and power density (abstract) that also balance cost and lithium ion diffusion (second paragraph of “Conclusions” section – pg. 3935). Both Zhang and Jobst are analogous to the current invention because they are related to the same field of endeavor, namely electrochemical apparatuses comprising positive electrode plates. Li1.13Ni0.3Mn0.57O2.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have modified the electrochemical apparatus of Zhang to feature the positive electrode active material of Jobst comprising Li, Mn, Ni, Co, and Fe such that it satisfies a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms of 7.85-7.92; and a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms of 0.623-0.624 in order to achieve synergistic effects in rate capability and power density while balancing cost and lithium ion diffusion as taught by Jobst.
Regarding Claim 12, Zhang discloses an electrochemical apparatus ([0002]) comprising a positive electrode plate ([0029-0031]), wherein the positive electrode plate comprises a positive active material layer ([0031]) and the positive electrode active material comprises a positive electrode active material ([0007, 0031]). Zhang further discloses wherein the positive electrode plate and lithium metal ([0031]) are assembled into a button cell ([0031]) and in a first-cycle charge capacity differential curve of the button cell ([0026]), a ratio P of an area of a peak at 4.4V to 4.6 V to an area of a peak at 3.9V to 4.6V is 0.070 (see annotated Figure 6 of Zhang below). However, Zhang does not explicitly disclose that an electronic apparatus comprises said electrochemical apparatus; does not disclose wherein elements in the positive electrode material comprise Li, Mn, Ni, Co, and Fe; and consequently does not disclose that the positive electrode material satisfies at least one of the following conditions: a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms is 3.5 to 40; or a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms is 0.51 to 0.79. Zhang does however disclose that electronic apparatuses can comprise electrochemical apparatuses ([0004]). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine known elements (electrochemical apparatuses/batteries into electronic apparatuses) for the known result of powering the device (MPEP 2143(I)(A)).
Jobst discloses an electrochemical apparatus (“Cell assembly” section – pg. 3935), comprising a positive electrode plate (“Electrode preparation” section – pg. 3935), wherein the positive electrode plate comprises a positive electrode material layer (“Electrode preparation” section – pg. 3935), and the positive electrode material layer comprises a positive electrode active material (“Electrode preparation” section – pg. 3935). Jobst further discloses that elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe (“Electrode preparation” section – pg. 3935; Table 1 – 75% LMO label) and the positive active material satisfies: a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms of 7.85-7.92 (Table 1 – 75% LMO label); and a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms of 0.623-0.624 (Table 1 – 75% LMO label), teaching that a blended composition of LiNi0.5Mn0.3Co0.2O2, LiFe0.3Mn0.7PO4/C and LiMn0.9(Al,B)0.1O4 achieving the aforementioned ratios A and B achieve synergistic effects in rate capability and power density (abstract) that also balance cost and lithium ion diffusion (second paragraph of “Conclusions” section – pg. 3935). Both Zhang and Jobst are analogous to the current invention because they are related to the same field of endeavor, namely electrochemical apparatuses comprising positive electrode plates. Li1.13Ni0.3Mn0.57O2.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have modified the electrochemical apparatus of Zhang to feature the positive electrode active material of Jobst comprising Li, Mn, Ni, Co, and Fe such that it satisfies a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms of 7.85-7.92; and a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms of 0.623-0.624 in order to achieve synergistic effects in rate capability and power density while balancing cost and lithium ion diffusion as taught by Jobst.
_____
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN105047898A – English translation furnished with Office Action) in view of Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action) as applied respectively to Claims 3 and 12 above, and further in view of Lu et al. (US20130257378A1).
Regarding Claim 4, modified Zhang discloses the electrochemical apparatus according to Claim 3 but does not disclose wherein 0.21–0.0056A ≤ P ≤ 0.2.
However, as evidenced in Jobst, the cost (second paragraph of “Conclusions” section – pg. 3935), polarization (first paragraph, second column of “Introduction” – pg. 3928), and crystal density (first paragraph, second column of “Introduction” – pg. 3928) of the positive electrode active material are variables that can be modified by adjusting said value A , with cost and polarization decreasing and crystal density increasing as A is increased (by increasing the proportion of LMO relative to NMC and LMFP as disclosed by Jobst – see second paragraph of “Conclusions” section – pg. 3935). For that reason, the precise value of A would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention.
Lu discloses an electrochemical apparatus (abstract) comprising a positive electrode ([0031]), wherein the positive electrode comprises a positive electrode material layer ([0071]), the positive electrode material layer comprising a positive electrode active material ([0071]). Lu is analogous to the current invention because they are both related to the same field of endeavor, namely electrochemical apparatuses. Lu further teaches that a battery with a single plateau charge curve has a more uniform charge voltage and renders simpler battery control ([0015]), where a single plateau charging curve corresponds to a charge capacity differential curve having only one peak ([0054]). In other words, simplicity of battery control can be increased by decreasing P, - the ratio of the area of two peaks of a first-cycle charge capacity differential curve. For that reason, the precise value of P would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention.
As such, without showing unexpected results, the values of A and P, and consequently the claimed range of P (0.21–0.0056A ≤ P ≤ 0.2) cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the values of A and P in the electrochemical apparatus of modified Zhang to obtain the desired balance between cost, polarization, crystal density, and simplicity of battery control (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223).
Regarding Claim 13, modified Zhang discloses the electrochemical apparatus according to Claim 12 but does not disclose wherein 0.21–0.0056A ≤ P ≤ 0.2.
As evidenced in Jobst, the cost (second paragraph of “Conclusions” section – pg. 3935), polarization (first paragraph, second column of “Introduction” – pg. 3928), and crystal density (first paragraph, second column of “Introduction” – pg. 3928) of the positive electrode active material are variables that can be modified by adjusting said value A , with cost and polarization decreasing and crystal density increasing as A is increased (by increasing the proportion of LMO relative to NMC and LMFP as disclosed by Jobst – see second paragraph of “Conclusions” section – pg. 3935). For that reason, the precise value of A would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention.
Lu discloses an electrochemical apparatus (abstract) comprising a positive electrode ([0031]), wherein the positive electrode comprises a positive electrode material layer ([0071]), the positive electrode material layer comprising a positive electrode active material ([0071]). Lu is analogous to the current invention because they are both related to the same field of endeavor, namely electrochemical apparatuses. Lu further teaches that a battery with a single plateau charge curve has a more uniform charge voltage and renders simpler battery control ([0015]), where a single plateau charging curve corresponds to a charge capacity differential curve having only one peak ([0054]). In other words, simplicity of battery control can be increased by decreasing P, - the ratio of the area of two peaks of a first-cycle charge capacity differential curve. For that reason, the precise value of P would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the claimed invention.
As such, without showing unexpected results, the values of A and P, and consequently the claimed range of P (0.21–0.0056A ≤ P ≤ 0.2) cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the values of A and P in the electrochemical apparatus of modified Zhang to obtain the desired balance between cost, polarization, crystal density, and simplicity of battery control (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art (In re Aller, 105 USPQ 223).
_____
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action) in view of Buchman. (“Batteries in a Portable World” – scan of relevant section furnished with Office Action).
Regarding Claim 5, Jobst discloses the electrochemical apparatus according to Claim 1. Jobst further discloses wherein the positive electrode plate and lithium metal (“Cell assembly” section – pg. 3935) are assembled into a button cell (“Cell assembly” section – pg. 3935), but does not disclose that a first-cycle charge and discharge efficiency E of the button cell at 2.8V to 4.6V is 90% to 110%.
Buchman teaches that it was known in the art at the time of the invention that approaching a first-cycle charge and discharge efficiency E of 1 will increased the lifespan of the electrochemical apparatus (see “Coloumbic Efficiency”: first and eight paragraphs). Therefore, the lifespan of the electrochemical apparatus is a variable that can be modified, among others, by varying the first-cycle charge and discharge efficiency E. For that reason, E would have been considered a result-effective variable by one having ordinary skill in the art before the effective filing date of the current invention. As such, without showing unexpected results, the first-cycle charge and discharge efficiency E cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, E in the electrochemical apparatus of Jobst to obtain the desired lifespan of the electrochemical apparatus (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding Claim 14, modified Jobst discloses the electrochemical apparatus according to Claim 10. Jobst further discloses wherein the positive electrode plate and lithium metal (“Cell assembly” section – pg. 3935) are assembled into a button cell (“Cell assembly” section – pg. 3935), but does not disclose that a first-cycle charge and discharge efficiency E of the button cell at 2.8V to 4.6V is 90% to 110%.
Buchman teaches that it was known in the art at the time of the invention that approaching a first-cycle charge and discharge efficiency E of 1 will increased the lifespan of an electrochemical apparatus (see “Coloumbic Efficiency”: first and eight paragraphs). Buchman is analogous to the current invention because both are related to the same field of endeavor, namely electrochemical apparatuses. Therefore, the lifespan of the electrochemical apparatus is a variable that can be modified, among others, by varying the first-cycle charge and discharge efficiency E. For that reason, E would have been considered a result-effective variable by one having ordinary skill in the art before the effective filing date of the current invention. As such, without showing unexpected results, the first-cycle charge and discharge efficiency E cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, E in the electrochemical apparatus of Jobst to obtain the desired lifespan of the electrochemical apparatus (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
_____
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action) in view of Du et al. (US20210126245A1).
Regarding Claim 6, Jobst discloses the electrochemical apparatus according to Claim 1, but does not disclose wherein Dv50 of the positive electrode active material is 8μm to 14μm, and Dv90 of the positive electrode active material is less than or equal to 30μm, and 1.2 ≤ (Dv90 – Dv10)/Dv50 ≤ 2.2.
Du discloses an electrochemical apparatus (abstract) comprising a positive electrode plate (abstract), wherein the positive electrode plate comprises a positive electrode material layer (abstract), the positive active material layer comprises a positive electrode active material (abstract) and elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe ([0007]). Du further discloses wherein Dv50 of the positive electrode active material is 8-15μm ([0050]), Dv90 is 12-25μm ([0051]), and Dv10 is 2-8μm ([0044]), rendering (Dv90 – Dv10)/Dv50 in the range of (0, 3.5], teaching that properly controlling particle morphology of the positive active material can reduce side reactions between the positive active material and the electrolyte, as well decrease gas production in and improve storage performance of the electrochemical apparatus ([0133]). It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified the electrochemical apparatus of Jobst such that it includes the structure disclosed above as taught by Du in order to reduce side reactions, decrease gas production, and improve storage performance of the electrochemical apparatus as taught by Du.
Regarding Claim 15, modified Jobst discloses the electrochemical apparatus according to Claim 10, but does not disclose wherein Dv50 of the positive electrode active material is 8μm to 14μm, Dv90 of the positive electrode active material is less than or equal to 30μm, and 1.2 ≤ (Dv90 – Dv10)/Dv50 ≤ 2.2.
Du discloses an electrochemical apparatus (abstract) comprising a positive electrode plate (abstract), wherein the positive electrode plate comprises a positive electrode material layer (abstract), the positive active material layer comprises a positive electrode active material (abstract) and elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe ([0007]). Du further discloses wherein Dv50 of the positive electrode active material is 8-15μm ([0050]), Dv90 is 12-25μm ([0051]), and Dv10 is 2-8μm ([0044]), rendering (Dv90 – Dv10)/Dv50 in the range of (0, 3.5], teaching that properly controlling particle morphology of the positive active material can reduce side reactions between the positive active material and the electrolyte, as well decrease gas production in and improve storage performance of the electrochemical apparatus ([0133]). It would have been obvious to a person having ordinary skill in the art before the effective filing date to have modified the electrochemical apparatus of Jobst such that it includes the structure disclosed above as taught by Du in order to reduce side reactions, decrease gas production, and improve storage performance of the electrochemical apparatus as taught by Du.
_____
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action) in view of Liu et al. (CN107369811A – English translation furnished with Office Action).
Regarding Claim 8, Jobst discloses the electrochemical apparatus according to Claim 1, but does not disclose wherein an amount of the positive electrode active material in the positive electrode material layer is 320 g/m2 to 480 g/m2.
Liu discloses an electrochemical apparatus (pole piece – see “Technical field” section, first page of furnished copy), comprising a positive electrode plate (pg. 2, second paragraph), wherein the positive electrode plate comprises a positive electrode material layer (pg. 2, second paragraph), the positive electrode material layer comprises a positive electrode active material (pg. 2, eleventh paragraph). Liu further discloses wherein an amount of the positive electrode active material in the positive electrode material layer is 150 g/m2 to 550 g/m2, teaching that this ensures high energy density of the cell and a long service life. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrochemical apparatus of Jobst to have the structure disclosed above as taught by Liu in order to ensure high energy density and a long service life of the cell, as taught by Liu. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Regarding Claim 17, modified Jobst discloses the electrochemical according to Claim 10, but does not disclose wherein an amount of the positive electrode active material in the positive electrode material layer is 320 g/m2 to 480 g/m2.
Liu discloses an electrochemical apparatus (“pole piece” – see “Technical field” section), comprising a positive electrode plate (pg. 2, second paragraph), wherein the positive electrode plate comprises a positive electrode material layer (pg. 2, second paragraph), the positive electrode material layer comprises a positive electrode active material (pg. 2, eleventh paragraph). Liu further discloses wherein an amount of the positive electrode active material in the positive electrode material layer is 150 g/m2 to 550 g/m2, teaching that this ensures high energy density of the cell and a long service life. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrochemical apparatus of Jobst to have the structure disclosed above as taught by Liu in order to ensure high energy density and a long service life of the cell, as taught by Liu. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
_____
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action) in view of Takada et al. (US20180026305A1).
Regarding Claim 9, Jobst discloses the electrochemical apparatus according to Claim 1. Jobst further discloses that said electrochemical apparatus further comprises an electrolyte (“Cell assembly” section – pg. 3935), but does not disclose wherein the electrolyte comprises a sulfur-oxygen double bond-containing compound; the sulfur-oxygen double bond-containing compound comprises 1,3-propane sultone and/or ethylene sulfate; and based on a total mass of the electrolyte, a mass percentage of the sulfur-oxygen double bond-containing compound is 0.01% to 2%.
Takada discloses an electrochemical apparatus (abstract), comprising a positive electrode plate (abstract), wherein the positive electrode plate comprises a positive electrode material layer ([0027]), and the positive electrode material layer comprises a positive electrode active material ([0035]), elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe ([0048, 0051]). Takada further discloses wherein the electrochemical apparatus further comprises an electrolyte (abstract), wherein the electrolyte comprises 0.25% 1,3-propane sultone by mass based on a total mass of electrolyte ([0110]), teaching that there is excellent low-temperature regeneration without reducing room-temperature output ([0110]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrochemical apparatus of Jobst to feature 0.25% 1,3-propane sultone by mass based on a total mass of electrolyte as taught by Takada to achieve excellent low-temperature regeneration without reducing room-temperature output as taught by Takada, because doing so amounts to no more than combining prior art elements according to known methods to yield predictable results (MPEP 2143(I)(A)).
Regarding Claim 18, modified Jobst discloses the electrochemical apparatus according to Claim 10. Jobst further discloses that said electrochemical apparatus further comprises an electrolyte (“Cell assembly” section – pg. 3935),but not disclose wherein the electrolyte comprises a sulfur-oxygen double bond-containing compound; the sulfur-oxygen double bond-containing compound comprises 1,3-propane sultone and/or ethylene sulfate; and based on a total mass of the electrolyte, a mass percentage of the sulfur-oxygen double bond-containing compound is 0.01% to 2%.
Takada discloses an electrochemical apparatus (abstract), comprising a positive electrode plate (abstract), wherein the positive electrode plate comprises a positive electrode material layer ([0027]), and the positive electrode material layer comprises a positive electrode active material ([0035]), elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe ([0048, 0051]). Takada further discloses wherein the electrochemical apparatus further comprises an electrolyte (abstract), wherein the electrolyte comprises 0.25% 1,3-propane sultone by mass based on a total mass of electrolyte ([0110]), teaching that there is excellent low-temperature regeneration without reducing room-temperature output ([0110]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrochemical apparatus of Jobst to feature 0.25% 1,3-propane sultone by mass based on a total mass of electrolyte as taught by Takada to achieve excellent low-temperature regeneration without reducing room-temperature output as taught by Takada, because doing so amounts to no more than combining prior art elements according to known methods to yield predictable results (MPEP 2143(I)(A)).
_____
Claims 10-11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jobst et al (“Ternary Cathode Blend Electrodes for Environmentally Friendly Lithium-Ion Batteries” – copy furnished with Office Action).
Regarding Claim 10, Jobst discloses an n electrochemical apparatus (“Cell assembly” section – pg. 3935), comprising a positive electrode plate (“Electrode preparation” section – pg. 3935), wherein the positive electrode plate comprises a positive electrode material layer (“Electrode preparation” section – pg. 3935), the positive electrode material layer comprises a positive electrode active material (“Electrode preparation” section – pg. 3935), elements in the positive electrode active material comprise Li, Mn, Ni, Co, and Fe (“Electrode preparation” section – pg. 3935; Table 1 – 75% LMO label) and the positive active material satisfies: a ratio A of the number of Mn atoms to a total number of Ni, Co, and Fe atoms of 7.85-7.92 (Table 1 – 75% LMO label); and a ratio B of the number of Li atoms to a total number of Mn, Ni, Co, and Fe atoms of 0.623-0.624 (Table 1 – 75% LMO label)),but does not explicitly disclose that an electronic apparatus comprises said electrochemical apparatus. However, Jobst does disclose that electronic apparatuses can comprise electrochemical apparatuses (first paragraph of “Introduction”). Accordingly, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine known elements (electrochemical apparatuses/batteries into electronic apparatuses) for the known result of powering the device (MPEP 2143(I)(A)).
Regarding Claim 11, modified Jobst discloses the electrochemical apparatus according to Claim 10. Jobst further discloses wherein A/B is between [12.59-12.72] (Table 1 – 75% LMO label).
Regarding Claim 16, modified Jobst discloses the electrochemical apparatus according to Claim 1. Jobst further discloses wherein the positive electrode active material comprises lithium manganese oxide spinel (Table 1 – 75% LMO label; page 3928, col. 2, 1st paragraph.)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kent G. Mendoza whose telephone number is (571)482-9953. The examiner can normally be reached Monday-Thursday 8:30-5:00 EST.
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, Susan Leong can be reached at (571)270-1487. 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.
/K.G.M./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
Prosecution Insights