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 statement (IDS) submitted on 4/25/24 has been considered by the examiner.
Claims Analysis
Claim 15 recites “after a first-cycle charging”, which is an intended use limitation that requires use of the positive electrode plate in a battery. The intended use limitations recited by claim 15 have not been given patentable weight.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Each of claims 8-11 and 13 recite “a single side” of the positive electrode plate, which is indefinite. It is unclear how a resistance and/or areal density of a “single side” is determined and what encompasses a “single side” of the positive electrode plate.
Each of claims 8-13 recite “a compaction density” of the positive electrode plate, which is indefinite. It is unclear how a compaction density is determined as the method for compaction is not recited. A compaction density depends on factors such as number of taps and the element wherein the material is placed to determine compaction.
To the extent the claims are understood in view of the 35 USC 112 rejections above, note the following prior art rejections.
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.
Claim(s) 1-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang et al., US 7,695,867 B2.
Regarding claims 1 and 16, Chang teaches a lithium secondary battery comprising a cathode comprising the cathode active material , an anode, a separator, and a non-aqueous electrolyte containing a lithium salt and an electrolyte compound (3:35-40). The cathode includes a first lithium transition metal oxide and a second lithium transition metal oxide as an additive. The first lithium transition metal oxide may preferably be LiCoO2 (7:9-19). The second lithium transition metal oxide (additive) is represented by Formula 1:
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273
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. Y is not zero (5:61).
Chang does not explicitly teach a specific example that reads upon Chemical Formula 2 of the presently claimed invention. However, Chang teaches, in formula 1, M may be Ti and Cu. Chang teaches when a lithium nickel oxide represented by formula 1 is used as an additive for a cathode active material, a phase transition occurs in the lithium nickel oxide to control irreversible reactions in a cathode and an anode, and thus the battery capacity is not significantly reduced after overdischarge. Furthermore, Chang provided a method for regulating terminal voltage of a cathode for a lithium secondary battery when electric potential difference (voltage) between a cathode and an anode is 0V during overdischarge, which comprises forming a cathode by adding to a cathode active material containing a first lithium transition metal oxide capable of lithium ion intercalation/deintercalation, a second lithium transition metal oxide of which an irreversible capacity, (1--discharge capacity/charge capacity) in the first charge/discharge cycle is greater than that of the first lithium transition metal oxide, as an additive (2:25-3:14). In addition, the cathode active material composition of Chang, which comprises a lithium transition metal oxide capable of lithium ion intercalation/deintercalation and the lithium nickel oxide represented by formula 1 can inhibit the capacity reduction caused by overdischarge, by virtue of the irreversibility of the lithium nickel oxide represented by formula 1 during the first charge/discharge cycle. This mechanism is shown in FIG. 1 (4:47-5:54).
Regarding claim 2, at least condition (1) is met by Chang. The first lithium transition metal oxide may be LiCoO2. Regarding claim 3, at least condition (1) is met by Chang. See at least column 3, lines 15-32 of Chang. Regarding claims 4-7, the additive for the cathode material is preferably used in an amount of 0.1 to 10 parts by weight based on 100 partes by weight of the cathode active material (6:49-67). In addition, Example 4 teaches 92.12 wt% of LiCoO2 and 1.88 wt % of the additive.
Regarding claims 8-13, the positive active material of the claimed invention (the first and second positive active materials) and the positive active material of Chang (the first and second lithium transition metal oxides) may be the same or similar. One of skill in the art would have reasonably expected the same or similar positive active materials to have the same or similar properties such as resistance, compaction density and/or areal density. Regarding claim 14, Chang teaches the compound represented by formula 1 preferably belongs to the space group Immm (3:61-62). Claim 15 has not be given patentable weight (see above discussion of intended use limitation). Regarding claim 19, see column 1, lines 29-37 of Chang.
*
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Senoue et al., US 2012/0164533 A1.
Regarding at least claims 1 and 16, Senoue teaches a lithium ion secondary battery including a positive electrode; a negative electrode; and an electrolytic solution, wherein the positive electrode includes a first lithium composite oxide and a second lithium composite oxide (abstract).
The first lithium composite oxide may be represented by formula (2), (3) and/or (4). Specific example of the compound of formula (2) includes LiCoO2 [0038].
The second lithium composite oxide may be represented by formula (1). It is preferable that M1 expressed by formula (1) be at least one kind selected from among aluminum, silicon, indium, and tin, and at least one kind of aluminum and silicon is more preferable. This is because this composition has barely any effect on battery capacity and the generation of oxygen gas is suppressed. In addition, it is preferable that M2 is at least one kind selected from among copper, cobalt, manganese, iron, zinc, yttrium, titanium, and molybdenum, and at least one kind selected from among copper, cobalt, manganese, iron, zinc, and titanium is more preferable. This is because a charge capacity per unit volume of the second lithium composite oxide is secured [0045].
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Table 1 of Senoue teaches specific examples of the positive active material comprising the first lithium composite oxide L1 and the second lithium composite oxide L2. See at least Examples 1-6 through 1-10. See also Table 3 and [0073]-[0075].
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Senoue does not teach a specific example that reads upon chemical formula 2 of the claimed invention. However, the invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was filed because Senoue teaches it is preferable that M2 is at least one kind selected from among copper, cobalt, manganese, iron, zinc, yttrium, titanium, and molybdenum, and at least one kind selected from among copper, cobalt, manganese, iron, zinc, and titanium is more preferable. This is because a charge capacity per unit volume of the second lithium composite oxide is secured [0045]. Note both “z” and “s”, as recited by the presently claimed invention, may be zero.
Regarding claim 2, at least condition (1) is met by Senoue. The first lithium composite oxide may be represented by formula (2), (3) and/or (4). Specific example of the compound of formula (2) includes LiCoO2 [0038]. Regarding claim 3, at least condition (1) is met by Senoue. See at least [0017] and Table 1 of Senoue. Regarding claims 4-7, see at least Table 1 of Senoue that teaches a weight ratio of L1:L2 and the mass percent of the first positive active material.
Regarding claims 8-13, the positive active material of the claimed invention (the first and second positive active materials) and the positive active material of Senoue (the first and second positive active materials) may be the same or similar. One of skill in the art would have reasonably expected the same or similar positive active materials to have the same or similar properties such as resistance, compaction density and/or areal density. Regarding claim 14, the second positive active material of Senoue has a Immm space group structure. Claim 15 has not be given patentable weight (see above discussion of intended use limitation).
Regarding claims 17-19, Senoue teaches the battery may be used in an electric tool and/or electric vehicle [0002]. The battery comprises an electrolytic solution that may contain vinylene carbonate in an amount of 0.01 to 10 wt% [0100].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li (US2013/0244113A1) teaches a cathode active material capable of obtaining a high capacity. The lithium complex oxide may be two or more kinds of Chemical Formula 1, 2 or 3 [0035-0038] (abstract).
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/TRACY M DOVE/Primary Examiner, Art Unit 1725
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