DETAILED OFFICIAL 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 .
Status of Claims
Claims 1-9 are pending and under consideration on the merits.
Examiner Note
It is noted that all references hereinafter to Applicant’s Specification are to the published application US 2024/0283021 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
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.
Claims 1-4 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2022/0140396 A1; “Yang”), in view of Azami (US 2020/0328418 A1; “Azami”).
Regarding claim 1, Yang discloses a lithium-ion battery [0035-0036, 0041], that can undergo charging and discharging (a secondary battery) [0035, 0038-0039, 0042, 0061], comprises a positive electrode (a positive electrode) [element 24, 0036-0040, 0051, FIG.1] including positive electroactive particles (including a positive electrode active material) [element 60, 0036, 0051-0052, FIG. 1], a negative electrode (a negative electrode) [element 22, 0036-0040, 0047-0050], and an electrolyte, i.e. a liquid electrolyte (an electrolytic solution) [0036, 0055-0060]. The electrolyte includes one or more of a lithium salt (an electrolyte salt) [0057], of which is, inter alia lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) [0057], thereby reading on the electrolyte salt includes an imide anion, and the imide anion includes at least one of a first imide anion represented by Formula (1), R1–W1–N-–W2–N-–W3–R2 (1), where each of R1 and R2 is either a fluorine group or a fluorinated alkyl group, and each of W1, W2, and W3 is any one of a carbonyl group (>C=O), a sulfinyl group (>S=O), or a sulfonyl group (>S(=O)2), as claimed.
Furthermore, the positive electroactive particles include, inter alia a layered-oxide (a lithium-containing compound) [0051], i.e. represented by the following: LiNixMnyCo1-x-yO2, where 0≤x≤1 and 0≤y≤1 [0051].
Yang remains silent regarding the positive electroactive particles include lithium carbonate and lithium hydroxide, a content of the lithium carbonate in the positive electrode active material is greater than or equal to 0.2 weight percent and less than or equal to 0.7 weight percent, a content of the lithium hydroxide in the positive electrode active material is greater than or equal to 0.2 weight percent and less than or equal to 0.7 weight percent.
Azami is directed to a lithium ion secondary battery [0007]. Azami teaches that the lithium ion secondary battery comprises a positive electrode [0005, 0011], wherein the positive electrode includes a positive electrode active material [0011]. The positive electrode active material comprises a layered lithium-nickel composite oxide [0012], LiOH, and Li2CO3 [0011]. The layered lithium-nickel composite oxide is, i.e. represented by the following: LiαNiβCoγMnδO2, where 0<α≤ 1.2, β+γ+δ=1, 0.2≤β≤ 0.5, 0.1≤γ≤ 0.4, and 0.1≤δ≤ 0.4 [0015]. The content of LiOH and Li2C03 are each preferably 0.1 weight% to 2.1 weight% [0024]. Azami further teaches that these alkali components are used as raw materials of the lithium-nickel composite oxide [0024], and for this reason, the lithium-nickel composite oxide generally comprises these alkali components in a small amount [0024]. Additionally, the content of the alkali components may be adjusted by production method and conditions, as well as, through water washing [0024]. When the alkali components are present in excess, they react with the polyvinylidene fluoride-based polymer, causing an increase in the viscosity of the positive electrode mixture slurry [0024]. On the other hand, when the alkali components are substantially absent, the positive electrode mixture slurry has relatively low viscosity characteristics immediately after preparation, but may gradually increase in viscosity [0024]. Therefore, by adjusting the content of the alkali components within the above range, the gelation of the positive electrode mixture slurry can be prevented [0024].
Yang and Azami each constitute prior art which is directly analogous to the claimed invention – ------a secondary battery comprising a positive electrode including a positive electrode active material. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electroactive particles of Yang, so that the layered-oxide is made from LiOH and Li2C03, and so that each of LiOH and Li2C03 are in a content of 0.1 weight% to 2.1 weight% in the positive electroactive particles, as they would have been readily recognized as suitable for the intended use as raw materials for lithium-nickel composite oxides (MPEP 2144.07), and adjusting the content of the alkali components within the above range ensures that gelation of the positive electrode mixture slurry may be prevented (MPEP 2144.05(II)).
In accordance with the aforesaid modifications, the positive electroactive particles of modified Yang would additionally include LiOH (lithium hydroxide) and Li2C03 (lithium carbonate), each in a content of 0.1 weight% to 2.1 weight%, each of which overlaps with their respective claimed content range, a content of the lithium carbonate in the positive electrode active material is greater than or equal to 0.2 weight percent and less than or equal to 0.7 weight percent, a content of the lithium hydroxide in the positive electrode active material is greater than or equal to 0.2 weight percent and less than or equal to 0.7 weight percent, thereby rendering each range obvious (MPEP 2144.05(I)).
Regarding claim 2, the rejection of claim 1 above reads on the lithium-containing compound defined by claim 2. The positive electroactive particles include, inter alia a layered-oxide [0051], represented by the following: LiNixMnyCo1-x-yO2, where 0≤x≤1 and 0≤y≤1 [0051], wherein this formula reads on each of claimed Formula (5) and Formula (6), and each variable range overlaps with the corresponding claimed variable range for each of Formula (5) and Formula (6), thereby rendering both claimed Formula (5) and Formula (6) variable ranges obvious (MPEP 2144.05(I)).
Regarding claim 3, the rejection of claim 1 above reads on the electrolytic solution defined by claim 3. The electrolyte includes one or more of a lithium salt [0057], of which is, inter alia lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) [0057], wherein lithium in lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) reads on a light metal ion as a cation, as claimed.
Regarding claim 4, the rejection of claim 3 above reads on the light metal ion defined by claim 4. Lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) [0057] has lithium as a cation, thereby reading on a lithium ion, as claimed.
Regarding claim 7, in view of the rejection of claim 1 above, Yang further discloses that the electrolyte may additionally include, inter alia a fluorinated cyclic carbonate, i.e. fluoroethylene carbonate (FEC) (a fluorinated cyclic carbonic acid ester) [0055].
Regarding claim 8, in view of the rejection of claim 1 above, Yang further discloses that the one or more lithium salt included in the electrolyte is additionally, inter alia lithium hexafluorophosphate (LiPF6) (lithium hexafluorophosphate) [0057].
Regarding claim 9, the rejection of claim 1 above reads on the secondary battery defined by claim 9. The lithium-ion battery [0035-0036, 0041], that can undergo charging and discharging [0035, 0038-0039, 0042, 0061] reads on the lithium-ion secondary battery, as claimed.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Azami as applied to claim 1 under 35 U.S.C 103 above. Ahmed et al. (Journal of Power Sources, 455 (2020) 227980; “Ahmed”), Wieser et al. (Pure Appl. Chem., Vol. 85, No. 5, pp. 1047–1078, 2013; “Wieser”), and Yaws (Yaws' Handbook of Physical Properties for Hydrocarbons and Chemicals: Organic Compounds, Knovel, 2008; “Yaws”) are relied upon as evidentiary references in support of the rejection.
Regarding claim 5, in view of the rejection of claim 1 above, Yang further discloses that lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) is included in the electrolyte at a concentration 0.25 M to 2 M [0057], and that the electrolyte solvent may be, i.e. ethylene carbonate (EC), propylene carbonate (PC), and ethyl methyl carbonate (EMC) in a EC:PC:EMC ratio of about 30:5:65 (w:w:w) [0056]. Therefore, through calculation, lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI), based on the above solvent weight ratio, may be included in the electrolyte at a concentration of 0.24 mol/kg to 3.53 mol/kg (calculation: lower bound:
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; wherein the chemical formula of LiSFSI is evidenced by Ahmed, the atomic weight of each of the elements in LiSFSI are evidenced by Wieser, and the density of each of the solvent components are evidenced by Yaws). The aforementioned range overlaps with the claimed range, greater than or equal to 0.2 moles per kilogram and less than or equal to 2 moles per kilogram, thereby rendering the range obvious (MPEP 2144.05(I)).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Azami as applied to claim 1 under 35 U.S.C 103 above, in further view of Kobayashi et al. (US 2011/0217589 A1; “Kobayashi”).
Regarding claim 6, Yang in view of Azami (hereinafter “modified Yang”) teaches the secondary battery set forth above in the rejection of claim 1. Modified Yang further teaches that the electrolyte further includes, inter alia lithium hexafluorophosphate (LiPF6) (lithium hexafluorophosphate, the lithium hexafluorophosphate includes a lithium ion and a hexafluorophosphate ion) [Yang, 0057]. Additionally, the lithium salt is, inter alia lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) (the electrolyte salt includes a cation and the imide anion) [Yang, 0057]. Each salt is included in the electrolyte at a concentration 0.25 M to 2 M [Yang, 0057].
Modified Yang remains silent regarding a sum of a content of the cation in the electrolytic solution and a content of the lithium ion in the electrolytic solution is greater than or equal to 0.7 moles per kilogram and less than or equal to 2.2 moles per kilogram, and a ratio of a number of moles of the hexafluorophosphate ion in the electrolytic solution to a number of moles of the imide anion in the electrolytic solution is greater than or equal to 13 mole percent and less than or equal to 6000 mole percent.
Kobayashi is directed towards a cylindrical nonaqueous electrolyte lithium ion secondary battery [0011, 0034, 0042]. Kobayashi teaches that the battery includes an electrolyte [0069-0070], wherein the electrolyte comprises one or two or more electrolyte salts [0072]. The electrolyte salt is one that dissolves in the nonaqueous solvent, and includes a cation and an anion in combination [0072]. The electrolyte salt concentration is not of concern [0072], as long as the electrolyte salt can be dissolved in the nonaqueous solvent [0072]. The total lithium ion concentration of the lithium salt(s) ranges from 0.4 mol/kg to 2.0 mol/kg, inclusive, with respect to the nonaqueous solvent [0072]. The nonaqueous electrolytic solution is adjusted by appropriately combining a nonaqueous solvent with an electrolyte salt [0071].
Yang, Azami, and Kobayashi each constitute prior art which is directly analogous to the claimed invention – ------a secondary battery. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of modified Yang, so that the total lithium ion concentration of the lithium salt(s) ranges from 0.4 mol/kg to 2.0 mol/kg, inclusive, with respect to the nonaqueous solvent, in order to exhibit the predictable result of ensuring excellent ion conductivity [Kobayashi, 0074]. The aforementioned range overlaps with the claimed range, greater than or equal to 0.7 moles per kilogram and less than or equal to 2.2 moles per kilogram, thereby rendering the range obvious (MPEP 2144.05(I)).
Furthermore, the electrolyte of Yang as modified by Azami and Kobayashi is substantially identical or identical to the claimed and disclosed electrolytic solution in Applicant's specification in terms of comprising: (a) LiPF6, of which corresponds to the disclosed lithium salt [Applicant’s Specification ¶0151], and (b) lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI), of which corresponds to the claimed and disclosed electrolyte salt [Claim 1, Applicant’s Specification ¶0097-0102], wherein (c) a total lithium ion concentration of the lithium salts in the electrolyte is in a range from 0.4 mol/kg to 2.0 mol/kg, of which overlaps with the claimed and disclosed range [Claim 6, Applicant’s Specification ¶0191].
Given that the electrolyte of Yang as modified by Azami and Kobayashi is substantially identical or identical to the claimed and disclosed electrolytic solution in terms of the foregoing elements (a)-(c), it stands to reason, and there is a strong expectation, that the electrolyte of Yang as modified by Azami and Kobayashi would have necessarily exhibited a ratio of a number of moles of the hexafluorophosphate ion in the electrolytic solution to a number of moles of the imide anion in the electrolytic solution is greater than or equal to 13 mole percent and less than or equal to 6000 mole percent, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Tetsuya et al., EP 2073301 A1 – teaches use of multiple salts in an electrolyte [0033], where the concentration of the salt(s) is preferably in the range 0.01-3 mol/kg [0033]. If it is above 5 mol/kg, there is a tendency that the precursor for the electrolyte is reduced in processability and moldability and that the electrolyte obtained is reduced in compressive strength and flexural strength [0033].
Gi et al., KR 2020/0017730 A – is directed towards an electrolyte for an aqueous lithium-ion battery [English machine translation copy, 0001], and teaches use of LiSFSA (lithium sulfonylbis(fluorosulfonyl)amide) or LiCFSA (lithium carbonylbis(fluorosulfonyl) amide) in the electrolyte [0009-0015, 0035].
Ji et al., US 2024/0339661 A1 – is directed towards an electrolyte composition for a lithium ion battery [0005, 0063] and teaches that the electrolyte composition includes LiPF6 [0087] and an electrode additive comprising a symmetrical or asymmetrical alkylsulfonyl imide or cyclic alkylene sulfonylimide salt [0073-0075], and is, inter alia lithium sulfonylbis(fluorosulfonyl)imide (LiSFSI) or lithium carbonylbis(fluorosulfonyl)imide (LiCFSI) [0080, 0082-0083, 0134, 0137, 0140].
Watanabe et al., US 2017/0207455 A1 – is directed towards positive electrode active substance particles [0018] and teaches that a content of lithium hydroxide LiOH in the positive electrode active substance particles is not more than 0.40% by weight, and a content of lithium carbonate Li2CO3 in the positive electrode active substance particles is not more than 0.65% by weight [0022, 0043, 0063, Table 1 and Table 2].
Conclusion
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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