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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8/19/24, 4/18/24, and 4/16/24 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
The drawings were received on 4/15/24. These drawings are acceptable.
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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, 4-7, 9, 12, and 15-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2016/0293957 A1 (US'957).
As to Claim 1:
US'957 discloses:
a composition comprising nanoparticles of a surface-functionalized solid metal oxide (US'957 discloses an electrode comprising an "inorganic oxide" that has specific groups on its surface and is provided in the form of a powder made of "inorganic oxide particles"; Claims 12, 17; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles”);
wherein a diameter of the nanoparticles is less than one micron (US'957 explicitly discloses that the "average particle size of the inorganic oxide is 1 μm or less"; Claim 10; see also [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less”);
wherein the nanoparticles comprise oxygen and a metal (US'957 discloses metal oxides such as aluminum oxide, titanium oxide, and zirconium oxide, which comprise metal and oxygen; Claim 13; see also [0046], listing aluminum oxide, titanium oxide, zirconium oxide, silicon oxide, etc.);
wherein the nanoparticles are surface functionalized with an electron withdrawing group(US'957 explicitly discloses that the inorganic oxide has a "sulfonic acid group or a carboxylic acid group on a surface of the inorganic oxide"; Claim 12; see also [0042], describing that the inorganic oxide particle has “on its particle surface, a dispersant having a sulfonic acid group, a carboxylic acid group, or the like”);
and wherein the electron withdrawing group is one or more of S, SO4, or COO(US'957 identifies sulfonic acid groups, which contain the S and SO4 moieties, and carboxylic acid groups, which contain the COO moiety; Claim 12; see also [0042]).
As to Claim 2:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode comprising "inorganic oxide particles" such as aluminum oxide, titanium oxide, or zirconium oxide, which comprise metal and oxygen, and having a sulfonic or carboxylic acid group on the surface; Claims 12, 13, 17; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” and [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc., and [0042], describing surface groups including sulfonic acid or carboxylic acid groups);
and wherein the diameter is from 1 nm to 1000 nm, 100 nm or less, 20 nm or less, or 10 nm or less (US'957 explicitly discloses that the "average particle size of the inorganic oxide is 1 μm or less," wherein 1 μm is equivalent to 1000 nm, thus disclosing the claimed diameter range; Claim 10; see also [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less”).
As to Claim 4:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode comprising "inorganic oxide particles" such as aluminum oxide, titanium oxide, or zirconium oxide, which comprise metal and oxygen, and having a sulfonic or carboxylic acid group on the surface; Claims 12, 13, 17; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles,” [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc., and [0042], describing surface groups including sulfonic acid or carboxylic acid groups);
and wherein the nanoparticles are in the form of agglomerates, an interconnected porous matrix, or dispersed individual particles (US'957 discloses that the inorganic oxide is provided as a powder of "inorganic oxide particles" and is contained in an electrode along with an active material and binder, representing dispersed individual particles or agglomerates; Claims 12, 17; see also [0042], describing particulate powder form, and [0049], describing the inorganic oxide being mixed with active material and binder to form an electrode structure).
As to Claim 5:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode comprising "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as titanium or zirconium, and having a sulfonic or carboxylic acid group on the surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” and [0046], listing metal oxides including titanium oxide and zirconium oxide);
and wherein the metal is selected from iron, tin, antimony, bismuth, titanium, zirconium, manganese, indium, or a combination of these (US'957 explicitly discloses that the inorganic oxide contains at least one of titanium oxide (TiO2) and zirconium oxide (ZrO2); see also [0046], listing titanium oxide and zirconium oxide among suitable inorganic oxides).
As to Claim 6:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" that is provided as a powder of "inorganic oxide particles" having an average particle size of 1 μm or less, where the oxide comprises metal and oxygen and has a sulfonic acid group or a carboxylic acid group on the particle surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” and [0046], listing metal oxides including titanium oxide and zirconium oxide);
and wherein the metal is selected from tin, titanium, iron, or zirconium, or a combination of these (US'957 explicitly teaches that the inorganic oxide contains at least one selected from the group consisting of titanium oxide (TiO2) and zirconium oxide (ZrO2), among others; see also [0046], listing titanium oxide and zirconium oxide among suitable inorganic oxides).
As to Claim 7:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal and having a sulfonic acid group or a carboxylic acid group on the surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, and [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less”);
and wherein the nanoparticles correspond to mixed metal oxide nanoparticles comprising oxygen and a plurality of different metals (US'957 explicitly teaches that the inorganic oxide contains "lithium titanate (Li4Ti5O12)", which is a mixed metal oxide comprising oxygen and a plurality of different metals, specifically lithium and titanium; see also [0046], listing lithium titanate among suitable inorganic oxides).
As to Claim 9:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal and having a sulfonic acid group or a carboxylic acid group on the particle surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, and [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less”);
and wherein the nanoparticles comprise acidified metal oxide nanoparticles that are not super acidic (US'957 teaches that the inorganic oxide may be treated beforehand in an acidic solution containing a sulfonic acid group or a carboxylic acid group, which results in the production of acidified metal oxide nanoparticles; see also [0045], describing pretreatment of the inorganic oxide with an acidic solution containing sulfonic acid or carboxylic acid groups, and [0042], describing the presence of sulfonic acid or carboxylic acid groups on the particle surface; and further discloses functional groups such as carboxylic acid groups (COO), which are organic weak acid groups and are inherently not super acidic; [0042]).
As to Claim 12:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as aluminum, titanium, or zirconium and having a sulfonic acid group or a carboxylic acid group on the particle surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” and [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc.);
and wherein the electron withdrawing group is one or more of Cl, Br, BO3, NO3, SO4, C2H3O2, C2O4, or C6H5O7 (US'957 explicitly discloses that the inorganic oxide has a sulfonic acid group or a carboxylic acid group on its particle surface; wherein sulfonic acid groups contain the SO4 moiety and carboxylic acid groups contain the COO moiety found in acetates (C2H3O2), oxalates (C2O4), and citrates (C6H5O7); see also [0042], describing sulfonic acid groups and carboxylic acid groups present on the particle surface).
As to Claim 15:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as aluminum, titanium, or zirconium and having a sulfonic acid group or a carboxylic acid group on the particle surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” and [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc.);
and wherein the nanoparticles exhibit plate-like morphologies, spherical-like morphologies, needle-like morphologies, or rod-like morphologies (US'957 explicitly discloses that as the shape of the particle, "a spherical shape, ellipsoidal shape, needle-like shape, plate-like shape, scale-like shape, tubular shape, wire-like shape, rod-like shape, indefinite shape, etc. may be given"; see also [0044]).
As to Claim 16:
US’957 discloses a mixture or composite comprising the composition of claim 1(US’957 discloses an electrode containing an "inorganic oxide" that is provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as aluminum, titanium, or zirconium and having a sulfonic acid group or a carboxylic acid group on the particle surface; wherein the sulfonic acid group contains the S moiety and the carboxylic acid group contains the COO moiety recited in the Claim 1 EWG list; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” and [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc.);
and one or more additives (US’957 explicitly discloses that the active material layer containing the inorganic oxide further contains "one or more kinds of active material 2... and a binder that is a resin" and "may further contain an additive as necessary" such as "an electrically conductive agent, a thickener, etc."; see also [0049], describing the active material layer including inorganic oxide, active material, binder, and optional additives such as conductive agents and thickeners).
As to Claim 17:
US'957 discloses the mixture or composite of claim 16 (US'957 discloses an electrode containing an active material layer 1B/22B that includes a mixture of the inorganic oxide of claim 1, one or more active materials, and a binder; see also [0049], describing the active material layer including inorganic oxide particles, active material, and a binder);
and wherein the one or more additives comprise a non-acidified metal oxide, a binder, or a conductive aid (US'957 explicitly identifies the presence of a binder such as PVdF, SBR, or PAA, and identifies active materials such as lithium cobalt composite oxide (LixCoO2) which is a non-acidified metal oxide, and further teaches that the active material layer may contain an electrically conductive agent/conductive aid such as carbon black or graphite; see also [0049], describing binder materials, [0050], identifying active materials including lithium cobalt composite oxide, and [0049], describing conductive agents such as carbon black or graphite).
As to Claim 18:
US'957 discloses a battery electrode (US'957 discloses an "electrode" for use in a battery; see also [0041], describing an electrode structure for a secondary battery);
comprising: the mixture or composite of claim 16 (US'957 teaches an electrode layer 1B/22B that is a mixture of the inorganic oxide of claim 1 and one or more additives such as an active material and a binder, where the inorganic oxide comprises nanoparticles of a metal oxide like TiO2 or ZrO2 with a size of 1 μm or less that have a sulfonic or carboxylic acid group on the surface; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” [0046], listing titanium oxide and zirconium oxide, and [0049], describing the active material layer including inorganic oxide, active material, and binder);
wherein the one or more additives comprise a binder or conductive carbon (US'957 explicitly teaches that the electrode composition includes a "binder that is a resin" such as PVdF, SBR, or PAA and identifies electrically conductive agents such as carbon black, graphite, or carbon fibers; see also [0049], describing binder materials and conductive agents including carbon black or graphite).
As to Claim 19:
US'957 discloses a battery comprising (US'957 title is "ELECTRODE AND BATTERY" and discloses a battery including a positive electrode, a negative electrode, and an electrolyte; see also [0001], identifying the invention as relating to an electrode and a battery, and [0055], describing a battery including a positive electrode, a negative electrode, and an electrolyte);
the electrode of claim 18 (US'957 discloses an electrode containing a mixture of an active material, a binder, and an inorganic oxide, where the inorganic oxide comprises nanoparticles of a metal oxide with a diameter of 1 μm or less that is surface functionalized with an electron withdrawing group such as a sulfonic or carboxylic acid group; see also [0042], describing the inorganic oxide as “a powder made of inorganic oxide particles” having surface groups including sulfonic acid or carboxylic acid groups, [0043], stating “the average particle size of the inorganic oxide 3 is preferably 1 μm or less,” [0046], listing metal oxides such as titanium oxide and zirconium oxide, and [0049], describing the active material layer including inorganic oxide, active material, and binder);
a counter electrode (US'957 discloses a battery having a positive electrode 21 and a negative electrode 22, where if one is the primary electrode, the other serves as the counter electrode; see also [0055], describing a positive electrode and a negative electrode in the battery structure);
and an electrolyte positioned between the electrode and the counter electrode (US'957 discloses an electrolytic liquid as the electrolyte introduced into a battery can and impregnated into the positive electrode, the negative electrode, and the separator positioned between them; see also [0056], describing an electrolytic solution introduced into the battery and present between electrodes via a separator).
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 3, 8, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0293957 A1 (US'957), as applied to Claim 1 above, and further in view of US 2015/0303459 A1 (US’459).
As to Claim 3:
US'957 discloses a composition comprising nanoparticles of a surface-functionalized solid metal oxide;wherein a diameter of the nanoparticles is less than one micron;wherein the nanoparticles comprise oxygen and a metal such as titanium or zirconium;and wherein the nanoparticles are surface functionalized with an electron withdrawing group (EWG) such as sulfonic or carboxylic acid groups (see also [0042], describing inorganic oxide particles as a powder with surface sulfonic or carboxylic acid groups, [0043], stating average particle size of 1 μm or less, and [0046], listing titanium oxide and zirconium oxide).
However, US'957 does not explicitly disclose that the nanoparticles comprise monodispersed particles.
US’459 teaches the preparation of metal oxide nanoparticles (e.g., SnO2) that are "nearly perfectly spherical" and form a monodisperse ensemble. US’459 further describes the synthesis of these particles to ensure a uniform and controlled size distribution, which characterizes the nanoparticles as being monodispersed (see also [0009], describing nanoparticles forming a “substantially monodisperse ensemble,” [0010], defining monodisperse as a narrow size distribution with controlled deviation, and [0024], describing particles as “nearly perfectly spherical” with high uniformity).
US’459 and US'957 are analogous arts because both references are directed to the same field of endeavor, specifically the development of nanoparticle-based materials for use in rechargeable battery electrodes, and both address the technical problem of improving ion conductivity and charging acceptability in lithium-ion secondary batteries (see US’459 [0001]–[0003], describing tin-based nanoparticle anode materials for lithium-ion batteries, and US'957 [0001], relating to electrodes and batteries).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the monodispersed particles taught by US’459 into the electrode composition of US'957. One would have been motivated to do so to achieve a higher degree of uniformity in the dispersion of the inorganic oxide within the active material layer, thereby ensuring consistent and reproducible enhancement of ion conductivity across the entire electrode surface, which directly supports the goal of improved charging acceptability and input characteristics described in US'957 (see US’459 [0012], describing utility of monodisperse nanoparticles in battery anodes, and US'957 [0049], describing incorporation of inorganic oxide particles into an electrode active material layer to improve performance).
As to Claim 8:
US'957 discloses the composition of claim 7 (US'957 discloses an electrode containing "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a plurality of different metals such as lithium titanate (Li4Ti5O12), and having a sulfonic or carboxylic acid group on the particle surface; see also [0042], describing inorganic oxide particles with surface functional groups, [0043], stating particle size of 1 μm or less, and [0046], identifying lithium titanate (Li4Ti5O12) as a suitable inorganic oxide comprising multiple metals).
However, US'957 does not explicitly disclose that the plurality of different metals includes tin and iron, antimony and tin, aluminum and tin, lithium and iron, or lithium and tin.
US’459 teaches mixed metal oxide nanoparticles comprising oxygen and a plurality of different metals such as tin and a second metal M selected from the group consisting of aluminum (Al), antimony (Sb), and iron (Fe). Specifically, US’459 teaches the preparation of nanoparticles with compositions such as SnAlxOy, SnSbxOy, or SnFexOy, thereby providing the metal pairs of aluminum and tin, antimony and tin, or tin and iron (see also [0009], describing nanoparticles of composition SnMxOy where M is selected from Al, Sb, Fe, etc., and [0016], identifying compositions such as SnCu and related mixed systems demonstrating multi-metal compositions).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the specific metal oxide combinations (e.g., tin/iron, antimony/tin, or aluminum/tin) taught by US’459 into the surface-functionalized nanoparticle system of US'957. A person of ordinary skill would have been motivated to do so because these specific mixed metal oxides are known to provide improved cycle life and specific capacity in lithium-ion batteries, and combining them with the surface acidification techniques of US'957 would predictably lead to an electrode material with both optimized bulk properties (from the metal pairing) and superior surface ion-conductivity (from the functionalization) (see US’459 [0012], describing utility of such nanoparticles in battery anodes, and US'957 [0049], describing incorporation of inorganic oxide particles into an electrode active material layer to improve performance).
As to Claim 13:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as aluminum, titanium, or zirconium and having a sulfonic acid group or a carboxylic acid group on the particle surface; see also [0042], describing inorganic oxide particles with surface sulfonic acid or carboxylic acid groups, [0043], stating the average particle size is 1 μm or less, and [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc.).
However, US'957 does not explicitly disclose that the nanoparticles exhibit an amorphous character or a mixture of amorphous and crystalline characters.
US’459 teaches metal oxide nanoparticles (e.g., SnO2) that exhibit an amorphous character or a mixture of amorphous and crystalline characters. Specifically, US’459 discloses nanoparticles having a "single-crystalline core" that is "covered by the amorphous oxide shell". US’459 further notes that such nanoparticles can be identified by XRD or STEM images to possess this mixture of amorphous and crystalline characters to optimize ion storage and stability (see also [0074], describing nanoparticles having a crystalline core with an amorphous oxide shell, and identifying characterization via structural analysis techniques).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to provide the nanoparticles of US'957 with an amorphous character or a mixture of amorphous and crystalline characters as taught by US’459. A person of ordinary skill in the art would have been motivated to use a mixture of crystalline and amorphous states to combine the structural stability of the crystalline core with the high electrochemical reactivity and ion-diffusion pathways provided by an amorphous surface layer, thereby achieving the superior charging acceptability and battery performance target identified in US'957 (see US’459 [0074], describing benefits of crystalline core/amorphous shell structures, and US'957 [0049], describing performance improvements associated with incorporation of inorganic oxide particles in electrode structures).
As to Claim 14:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as aluminum, titanium, or zirconium and having a sulfonic acid group or a carboxylic acid group on the particle surface; see also [0042], describing inorganic oxide particles with surface sulfonic acid or carboxylic acid groups, [0043], stating the average particle size is 1 μm or less, and [0046], listing aluminum oxide, titanium oxide, zirconium oxide, etc.).
However, US'957 does not explicitly disclose that the nanoparticles exhibit a crystalline character or a mixture of crystalline and amorphous characters. While US'957 describes the particles as ceramics or powders, it lacks specific structural characterization regarding their crystallinity.
US'459 teaches metal oxide nanoparticles that exhibit a crystalline character or a mixture of crystalline and amorphous characters. Specifically, US'459 discloses nanoparticles having a "single-crystalline core" that is "covered by the amorphous oxide shell". The reference further teaches that XRD analysis confirms the presence of the crystalline phase (e.g., beta-Sn) while STEM images show the surrounding amorphous oxide layer, thereby providing a mixture of characters (see also [0074], describing a crystalline core with an amorphous oxide shell and structural characterization using analytical techniques).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to provide the nanoparticles of US'957 with a crystalline character or a mixture of crystalline and amorphous characters as taught by US'459. A person of ordinary skill in the art would have been motivated to utilize a nanoparticle structure featuring a crystalline core and an amorphous shell to provide a balance between the high structural integrity/conductivity of a crystal lattice and the rapid ion-diffusion pathways typically offered by amorphous surface layers, thereby enhancing the overall charging performance and cycle stability sought in the electrode system of US'957 (see US'459 [0074], describing advantages of crystalline core/amorphous shell structures, and US'957 [0049], describing performance improvements associated with incorporating inorganic oxide particles into electrode layers).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0293957 A1 (US'957), as applied to Claim 1 above, and further in view of US 2007/0287067 A1 (US'067).
As to Claim 10:
US'957 discloses a composition comprising: nanoparticles of a surface-functionalized solid metal oxide (US'957 discloses an electrode comprising "inorganic oxide particles" such as aluminum oxide, titanium oxide, or zirconium oxide which are surface-functionalized with a sulfonic acid group or a carboxylic acid group; see also [0042], describing inorganic oxide particles having sulfonic acid or carboxylic acid groups on the surface, and [0046], listing metal oxides such as aluminum oxide, titanium oxide, and zirconium oxide);
wherein a diameter of the nanoparticles is less than one micron (US'957 explicitly discloses that the "average particle size of the inorganic oxide is 1 μm or less"; see also [0043]);
wherein the nanoparticles comprise oxygen and a metal (US'957 discloses metal oxides like Al2O3, TiO2, and ZrO2 which comprise metal and oxygen; see also [0046]);
wherein the nanoparticles are surface functionalized with an electron withdrawing group(US'957 discloses that the inorganic oxide particle has a "sulfonic acid group or a carboxylic acid group on its particle surface"; see also [0042]);
and wherein the electron withdrawing group is one or more of S, SO4, or COO(US'957 identifies sulfonic acid groups containing S and SO4 and carboxylic acid groups containing the COO moiety; see also [0042]).
However, US'957 does not explicitly disclose that the nanoparticles exhibit a specific pH value less than 7 or a specific Hammet Function (H0) value greater than -12. While US'957 discloses that the inorganic oxide may be treated in an "acidic solution", it lacks numerical data for these parameters.
US'067 teaches acidified metal oxide nanoparticles (e.g., sulfated manganese dioxide) that are functionalized with electron-withdrawing groups (sulfate) and exhibit specified levels of acidity. Specifically, US'067 teaches the production of surface-functionalized metal oxides that have a pH of approximately 1.5 to 3.5 (inherently less than 7) and further characterizes the material as being "not super acidic," which corresponds to a Hammet Function (H0) value greater than -12 (see Abstract, describing JIS-pH value of at least 1.5 but smaller than 3.5, and [0017], describing electrolytic manganese dioxide having a JIS-pH value of at least 1.5 but smaller than 3.5).
US'067 and US'957 are analogous arts because both references are directed to the same field of endeavor, specifically the synthesis and application of surface-modified, sub-micron metal oxide particles for use in electrochemical devices such as lithium-ion batteries, and both address the common technical problem of optimizing the surface acidity and ion transport characteristics of these materials to improve electrochemical performance (see US'067 [0001], relating to electrolytic manganese dioxide for battery cathodes, and US'957 [0001], relating to electrodes and batteries).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to provide the surface-functionalized metal oxide nanoparticles of US'957 with the specific acidity parameters (pH < 7 and H0 > -12) taught by US'067. A person of ordinary skill in the art would have been motivated to do so because controlling the specific acidity level of the inorganic oxide particles, as taught by US'067, ensures that the particles possess sufficient surface acidity to enhance ion conductivity without reaching the "superacid" threshold which could lead to unwanted side reactions or electrolyte decomposition. By following the acidification ranges of US'067 for the sub-micron oxides of US'957, the skilled artisan would predictably achieve an electrode material with optimized surface functionality and superior charging acceptability (see US'067 [0018], describing effects of too high acidity on durability and corrosion, and [0017], describing optimal pH range for performance).
As to Claim 11:
US'957 discloses the composition of claim 1 (US'957 discloses an electrode containing an "inorganic oxide" provided as a powder of "inorganic oxide particles" with an average particle size of 1 μm or less, comprising oxygen and a metal such as aluminum, titanium, or zirconium and having a sulfonic acid group or a carboxylic acid group on the particle surface; wherein the sulfonic acid group contains the S and SO4 moieties and the carboxylic acid group contains the COO moiety recited in the Claim 1 EWG list; see also [0042], describing inorganic oxide particles having sulfonic acid or carboxylic acid groups on the surface, [0043], stating average particle size of 1 μm or less, and [0046], listing aluminum oxide, titanium oxide, zirconium oxide);
and wherein the nanoparticles exhibit a pH less than 7 (US'957 teaches that the inorganic oxide may be treated in an "acidic solution", which inherently results in a material having a pH less than 7; see also [0045], describing pretreatment in an acidic solution).
However, US'957 does not explicitly disclose that the nanoparticles exhibit a specific Hammet Function (H0) value greater than -12 or that the pH is measured specifically when a dried form of the nanoparticles is suspended in water at 5 wt%.
US'067 teaches acidified metal oxide nanoparticles (e.g., sulfated titanium oxide or zirconium oxide) functionalized with electron-withdrawing groups that exhibit specific acidity levels. Specifically, US'067 teaches that such acidified metal oxides have a pH of approximately 1.5 to 3.5 and further characterizes the material as being "not super acidic," which corresponds to a Hammet Function (H0) value greater than -12 (see Abstract, describing JIS-pH value of at least 1.5 but smaller than 3.5, and [0017], describing electrolytic manganese dioxide having a JIS-pH value of at least 1.5 but smaller than 3.5).
Furthermore, US'067 teaches that the acidity of these powders is characterized through standard suspension measurements (see [0019], describing measurement of JIS-pH by suspending a predetermined amount of manganese dioxide in an aqueous ammonium chloride solution and measuring pH of the supernatant liquid), and the use of a 5 wt% suspension in water was a conventional and well-known analytical protocol in the art for ensuring reproducible pH readings of solid metal oxide powders.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to provide the surface-functionalized metal oxide nanoparticles of US'957 with the specific acidity parameters (pH < 7 and H0 > -12) and measurement protocols taught by US'067. A person of ordinary skill in the art would have been motivated to utilize the specific acidity ranges and standard measurement conditions (5 wt% suspension) of US'067 to precisely control and verify the surface acidity of the particles in US'957. This would ensure that the nanoparticles provide the desired improvement in ion conductivity without reaching superacidic levels that could degrade the battery electrolyte, thereby achieving the predictable result of an optimized and stable electrode material(see US'067 [0017]–[0019], describing pH range and measurement method, and [0018], describing impact of excessive acidity on durability).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR 20000061759 A discloses an active material of a positive electrode for a lithium secondary battery and a manufacturing method thereof are provided to supply a battery which has a long cycle life and the high capacity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/ Primary Examiner, Art Unit 1723
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