DETAILED ACTION
Claims 1-7 are presented for examination.
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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nagai et al (US 2015/0188183) in view of Koyama et al (US 2020/0274200).
Regarding independent claim 1, Nagai teaches a non-aqueous electrolyte secondary battery (e.g. item 100) used as a power source for driving a motor that propels a vehicle, such as an HV, a PHV or an EV; said battery comprising:
(i) a positive electrode sheet (e.g. item 30) comprising a positive electrode current collector (e.g. item 32) and a positive electrode mixture layer (e.g. item 34) formed on at least one surface of said positive electrode current collector,
said positive electrode mixture layer (e.g. item 34) comprising an improved positive active substance particle (e.g. item 110),
wherein said positive electrode active substance particle (e.g. item 110) comprising
(i.a) a shell portion (e.g. item 110),
(i.b) a hollow structure (e.g. item 116) within said shell portion, and
(i.c) a through hole (e.g. item 118) spatially connecting said hollow portion and exterior portion outside of said particle, which permits liquid electrolyte to come and go between said hollow portion (e.g. item 116) and said outside;
wherein said positive electrode active substance particle may have an NCM composition represented by formula (I):
Li1+xNiyCozMn(1-y-z)O2 (I),
0≤x≤2, 0<y<0.6, 0<z<0.6;
wherein said positive electrode active substance particle may have a BET specific surface area of 0.8 m2/g or higher, and preferably—but not necessarily—about 3 m2/g or lower;
(ii) a negative electrode (e.g. item 40) comprising a negative electrode current collector (e.g. item 42) and a negative electrode mixture layer (e.g. item 44) formed on at least one surface of said negative electrode current collector;
(iii) a separator (e.g. item 50A) disposed between said positive electrode and said negative electrode; and,
(iv) a non-aqueous electrolyte liquid (e.g. item 25),
wherein said non-aqueous electrolyte liquid comprises a non-aqueous solvent, such as e.g. ethylene carbonate, propylene carbonate, diethyl carbonate, dimethyl carbonate, and ethyl methyl carbonate; a lithium salt, such as e.g. LiPF6, LiBF4, LiClO4, andLiAsF6, present in said electrolyte in in an amount of e.g. 0.1-5 mol/l; and, an additive, such as lithium bis(oxalato)borate (LiBOB), present in said electrolyte in an amount of e.g. 0.005-0.20 mol/l,
said positive electrode active substance particle (e.g. item 110) providing said battery with improved thermal stability
(e.g. ¶¶ 0002, 06-08, 14, 23-29, 35-39, 145-149 plus e.g. Figures 1-2), reading on “nonaqueous electrolyte secondary battery,” said battery comprising:
(1) said positive electrode sheet (e.g. item 30) comprising said positive electrode current collector (e.g. item 32) and said positive electrode mixture layer (e.g. item 34) formed on at least one surface of said positive electrode current collector, said positive electrode mixture layer comprising said active substance particle (e.g. supra), reading on “a positive electrode…wherein the positive electrode includes a positive electrode active material layer containing a positive electrode active material,”
wherein said positive electrode active substance particle may have said NCM composition represented by formula (I):
Li1+xNiyCozMn(1-y-z)O2 (I),
0≤x≤2, 0<y<0.6, 0<z<0.6 (e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “the positive electrode active material includes a lithium nickel cobalt manganese composite oxide, in the lithium nickel cobalt manganese composite oxide, a molar ratio of Ni to all metal elements except for Li is 40% by mole to 60% by mole, and a molar ratio of Co to all the metal elements except for Li is 15% by mole to 25% by mole,”
wherein said positive electrode active substance particle (e.g. item 110) comprising
(1.a) said shell portion (e.g. item 110),
(1.b) said hollow structure (e.g. item 116) within said shell portion, and
(1.c) said through hole (e.g. item 118) spatially connecting said hollow portion and exterior portion outside of said particle, which permits liquid electrolyte to come and go between said hollow portion (e.g. item 116) and said outside
(e.g. supra), reading on “the lithium nickel cobalt manganese composite oxide is in a form of hollow particles each including a shell portion, a hollow portion defined in the shell portion, and a through hole penetrating the shell portion,”
wherein said positive electrode active substance particle may have said BET specific surface area of 0.8 m2/g or higher, and preferably—but not necessarily—about 3 m2/g or lower (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “the lithium nickel cobalt manganese composite oxide has a BET specific surface area of 3.0 m2/g or more,”
(2) said negative electrode (e.g. item 40) comprising said negative electrode current collector (e.g. item 42) and said negative electrode mixture layer (e.g. item 44) formed on at least one surface of said negative electrode current collector (e.g. supra), reading on “a negative electrode;” and,
(3) said non-aqueous electrolyte liquid (e.g. item 25) (e.g. supra), reading on “a nonaqueous electrolyte,”
wherein said non-aqueous electrolyte liquid comprises a said non-aqueous solvent, such as e.g. ethylene carbonate, propylene carbonate, diethyl carbonate, dimethyl carbonate, and ethyl methyl carbonate; said lithium salt, such as e.g. LiPF6, LiBF4, LiClO4, andLiAsF6, present in said electrolyte in in said amount of e.g. 0.1-5 mol/l; and, said additive, such as lithium bis(oxalato)borate (LiBOB), present in said electrolyte in said amount of e.g. 0.005-0.20 mol/l (e.g. supra), reading on “the nonaqueous electrolyte contains a nonaqueous solvent, an electrolyte salt, and lithium bis(oxalato)borate,” but does not expressly teach the limitation “the nonaqueous solvent contains a carboxylate ester having 4 or less carbon atoms.”
However, Koyama teaches a non-aqueous electrolyte solution for a lithium ion secondary battery, said non-aqueous electrolyte solution enables a lithium ion secondary battery to have reduced initial resistance, a small increase in resistance at high-temperature cycles, and reduced gas generation at high temperature,
wherein said non-aqueous electrolyte solution comprising
lithium difluorophosphate (LiPO2F2) present in an amount of e.g. 0.1-2.0 mass% of said electrolyte solution;
an oxalic acid ion (C2O42−) present in an amount of e.g. 0.5-6,000 ppm by mass of said electrolyte solution;
a compound (1) represented by the following formula (1), which may be an bis(oxalato)borate anion paired with a Li+ counter ion (i.e. LiBOB), said compound (1) present in an amount of 0.1-2.0 mass% of the electrolyte solution;
a compound (5), which is particularly preferably lithium bis(oxalato)borate (LiBOB), present in an amount of 0.001-3% by mass relative to the solvent;
a lithium salt may be used, such as LiPF6, LiBF4, LiClO4, LiAlF4, LiSbF6, LiAsF6, LiI, LiBr, and LiCl; and,
an electrolyte solution that preferably contains at least one selected from a carbonate and a carboxylate,
said carbonate may be ethylene carbonate, propylene carbonate, diethyl carbonate, dimethyl carbonate, and ethyl methyl carbonate, wherein said carbonate may be present in an amount of 10-90% by volume, preferably 50-80% by volume, relative to said solvent;
said carboxylate may be methyl acetate, which may be present in an amount of 1-60% by volume, preferably 5-40% by volume, relative to said solvent
(e.g. ¶¶ 0001, 14, 18, 20-22, 26-35, 50-52, 60-69, 129, 167-169, and 222-236).
As a result, it would have been obvious to a person of ordinary skill in the art to substitute the non-aqueous electrolyte of Nagai with the non-aqueous electrolyte solution of Koyama, since Koyama teaches its non-aqueous electrolyte solution enables a lithium ion secondary battery to have reduced initial resistance, a small increase in resistance at high-temperature cycles, and reduced gas generation at high temperature,
said non-aqueous electrolyte solution comprising e.g. said compound (1), which may be LiBOB, present in an amount of 0.1-2.0 mass% of the electrolyte solution; and/or said compound (5), which is particularly preferably LiBOB, present in said amount of 0.001-3% by mass relative to the solvent; said lithium salt; and, said electrolyte solution comprising said carbonate and said carboxylate, wherein said carboxylate may be methyl acetate, which may be present in said amount of 1-60% by volume, preferably 5-40% by volume, relative to said solvent,
Nagai as modified reading on “a nonaqueous electrolyte;” “the nonaqueous electrolyte contains a nonaqueous solvent, an electrolyte salt, and lithium bis(oxalato)borate;” and, “the nonaqueous solvent contains a carboxylate ester having 4 or less carbon atoms.”
Regarding claim 2, Nagai as modified teaches the battery of claim 1, wherein said non-aqueous electrolyte solution comprising e.g. said compound (1), which may be LiBOB, present in an amount of 0.1-2.0 mass% of the electrolyte solution; and/or, said compound (5), which is particularly preferably LiBOB, present in said amount of 0.001-3% by mass relative to the solvent (e.g. supra), severably establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a concentration of lithium bis(oxalato)borate in the nonaqueous electrolyte is 0.20% by mass to 0.80% by mass.”
Regarding claims 3-5, Nagai as modified teaches the battery of claim 1, wherein said non-aqueous electrolyte solution comprising said electrolyte solution comprising said carbonate and said carboxylate, wherein said carboxylate may be methyl acetate, which may be present in said amount of 1-60% by volume, preferably 5-40% by volume, relative to said solvent (e.g. supra), severably establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a volume ratio of the carboxylate ester in the nonaqueous solvent is 1% by volume to 50% by volume” (claim 3); “a volume ratio of the carboxylate ester in the nonaqueous solvent is 15% by volume to 30% by volume” (claim 4); and, “the carboxylate ester is methyl acetate” (claim 5).
Regarding claim 6, Nagai as modified teaches the battery of claim 1, wherein Nagai teaches said positive electrode active substance particle may have said BET specific surface area of 0.8 m2/g or higher, and preferably—but not necessarily—about 3 m2/g or lower (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “the BET specific surface area of the lithium nickel cobalt manganese composite oxide is 3.0 m2/g to 3.6 m2/g.”
Regarding claim 7, Nagai as modified teaches the battery of claim 1, wherein Nagai teaches said secondary battery (e.g. item 100) used as said power source for driving said motor that propels said vehicle, such as said HV, said PHV or said EV (e.g. supra), reading on “the nonaqueous electrolyte secondary battery is a battery of a vehicle drive power supply.”
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al (US 2025/0226444);
Matsuta et al (US 2024/0274788);
Kubo et al (US 2022/0123379);
Ko et al (US 2021/0288311);
Yamamoto et al (US 2021/0020901);
Tabushi et al (US 2020/0194781);
Kawakami et al (US 2020/0119334);
Nakayama (US 2019/0081355);
Han et al (US 2018/0254516);
Tuduki et al (US 2017/0324080);
Le (US 2017/0288271);
Nagai (US 2014/0335417);
Nagai (US 2014/0050976);
Nagai et al (US 2013/0337305);
Nagai et al (US 2013/0295456);
Nagai et al (US 2013/0288121);
Nagai et al (US 2013/0224586);
Nagai et al (US 2013/0209879);
Shima (US 2006/0134521); and,
Herreyre et al (US 2001/0019800).
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.
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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.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
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