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 statement filed on 17 June 2026 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 5 is objected to because of the following informality:
Claim 5 current recites “each [positive electrode active material] independently comprise nickel in an amount greater than or equal to about 80 mol%.” There should be further clarification about the point of comparison as reference for the 80 mol%.
Claim Interpretation
Claim 5 current recites “each [positive electrode active material] independently comprise nickel in an amount greater than or equal to about 80 mol%.” [0041] of the instant specification discloses wherein “each [positive electrode active material] independently include[s] nickel in amount greater than or equal to about […] 80 mol% […] based on 100 mol% of the total metal (e.g. of the composite oxide] excluding lithium”. Based on this passage of [0041], the 80 mol% of the instant Claim 5 is interpreted to be in relation to the total metal of each positive electrode active material excluding lithium.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over WIPO Patent Application Publication Zhang et al. (WO2022198891A1 – English translation furnished with Office Action) in view of U.S. Patent Application Publication Son et al. (US20190020070A1).
Regarding Claim 1, Zhang discloses a rechargeable ([0003]) lithium battery ([0003]), comprising: a positive electrode ([0122]); a negative electrode ([0122]); a separator ([0122]); and an electrolyte ([0122]), the positive electrode comprising: a first positive electrode active material (polycrystalline particles A – [0025]) in a form of secondary particles (polycrystalline positive particles A – [0025]) and comprising a lithium nickel-based composite oxide ([0062-0063]), the secondary particles comprising a plurality of primary particles (sintered material – [0015-0016]), the plurality of primary particles being agglomerated (i.e., polycrystalline [0016]), and a second positive electrode active material (single-crystal particles A [0025]) in a form of single particles ([0025]) and comprising a lithium nickel-based composite oxide ([0067-0068]). However, Zhang does not explicitly disclose wherein the electrolyte is non-aqueous, nor that the non-aqueous electrolyte further comprises an organic solvent, a lithium salt, and an additive represented by the instant Chemical Formula 1.
Son discloses a rechargeable ([0004]) lithium battery ([0005]) comprising a positive electrode (cathode - [0005]); a negative electrode (anode - [0005]); and a non-aqueous electrolyte (organic electrolytic solution - [0005]). Son further discloses wherein the non-aqueous electrolyte further comprises an organic solvent (organic electrolytic solution – [0005]) , a lithium salt ([0005]), and an additive (bicyclic sulfate-based compound – [0005]) represented by the instant Chemical Formula 1 (Formula 1 disclosed by Son – [0005]), teaching that the organic electrolytic solution may enhance battery performance, such as temperature and lifespan characteristics. Both Zhang and Son are analogous to the current invention by virtue of being in the same field of endeavor, namely rechargeable lithium batteries. 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 replaced the electrolyte of Zhang to feature the non-aqueous electrolyte comprising an organic solvent, a lithium salt, and an additive represented by the instant Chemical Formula 1 as taught by Son for the purposes of enhancing battery performance through temperature and lifespan characteristics.
Regarding Claim 2, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Zhang further discloses wherein an average particle diameter (D50) of the secondary particles of the first positive electrode active material (7-22μm – [0040]) is larger than an average particle diameter (D50) of the single particles of the second positive electrode active material (0.2-7μm – [0046]).
Regarding Claim 3, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Zhang further discloses wherein an average particle diameter (D50) of the secondary particles of the first positive electrode active material is about 10 to about 20μm (7-22μm – [0040]) and an average particle diameter (D50) of the single particles of the second positive electrode active material is about 0.5μm to about 8μm (0.2-7μm – [0046]) (note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
Regarding Claim 4, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Zhang further discloses wherein the first positive electrode active material comprises an amount of about 60 wt% to about 95 wt% (0.01-9 parts by mass – [0072], equivalent to a range of 0.
9900
¯
wt% to 90 wt%, inclusive) and the second positive electrode active material comprises an amount of about 5 wt% to about 40 wt% (1 part by mass, equivalent to 10 wt% to 99.
0099
¯
wt%, inclusive) based on a total of 100 wt% of the first positive electrode active material and the second positive electrode active material (note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)),.
Regarding Claim 5, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Zhang further discloses wherein the lithium nickel-based composite oxide of the first positive electrode active material (Formula 2 – [0063]) and the lithium nickel-based composite oxide of the second positive electrode active material (Formula 3 – [0068]) are the same or different from each other (may be identical or different, see [0063, 0068]), and each independently comprise nickel in an amount greater than or equal to about 80 mol% (Formulas 2 and 3 both taking on the formula LiNi0.91Co0.07Mn0.01Al0.01O2 - see [0063, 0068]).
Regarding Claim 6, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Zhang further discloses wherein the lithium nickel-based composite oxide of the first positive electrode active material and the lithium nickel-based composite oxide of the second positive electrode active material are the same or different from each other (may be identical or different, see [0063, 0068]), and each independently overlap with the instant Chemical Formula 11 as tabulated in Table 1 below, (Formulas 2 and 3 both taking on the formula LiNi0.91Co0.07Mn0.01Al0.01O2 - see [0063, 0068])(note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
Table 1: Comparison of the instant Chemical Formula 11 and comparable formulas disclosed by Zhang et al. (WO2022198891A1)
Element
Range of the instant claimed molar subscript
Range of the molar subscript disclosed by Zhang
Qualifying elements of emphasis present in both the instant claims and the disclosure by Zhang
Additional qualifying elements present in both the instant claims and the disclosure by Zhang
Lia1
[0.9, 1.8]
[1, 1.3]
Li
-
Nix1
[0.3, 1]
[0, 1]
Ni
-
M1y1
[0, 0.7]
[0, 1]
Co
-
M2z1
[0, 0.7]
[0, 1]
Mn, Al
B, Ba, Ca, Fe, Mg, Mo, Nb, Sn, Sr, Ti, W, Zr
O2-b1
[1.9, 2]
[1.9, 2]
O
-
Xb1
[0, 0.1]
[0, 0.1]
F, P
-
Regarding Claim 7, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 6. Zhang further discloses wherein in the instant Chemical Formula 11, 0.7≤x1≤1, 0≤y1≤0.3, and 0≤z1≤0.3 as tabulated in Table 1, ( Formulas 2 and 3 both taking on the formula LiNi0.91Co0.07Mn0.01Al0.01O2 - see [0063, 0068])( note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
Regarding Claim 8, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 6. Zhang further discloses wherein in the instant Chemical Formula 11, 0.8≤x1≤1, 0≤y1≤0.2, and 0≤z1≤0.2 as tabulated in Table 1, (Formulas 2 and 3 both taking on the formula LiNi0.91Co0.07Mn0.01Al0.01O2 - see [0063, 0068])(note that overlapping ranges establish a prima facie case of obviousness – ssee MPEP 2144.05(I)).
Regarding Claim 9, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 6. Zhang further discloses wherein in the instant Chemical Formula 11, 0.9≤x1≤1, 0≤y1≤0.1, and 0≤z1≤0.1 as tabulated in Table 1, (Formulas 2 and 3 both taking on the formula LiNi0.91Co0.07Mn0.01Al0.01O2 - see [0063, 0068])(note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
Regarding Claim 10, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the bicyclic sulfate compound comprises an amount of about 0.1 wt% to about 3 wt%, based on 100 wt% of the non-aqueous electrolyte (about 0.4 wt% to about 5 wt% - [0015])(note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
Regarding Claim 11, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the bicyclic sulfate compound comprises an amount of about 0.5 wt% to about 2 wt%, based on 100 wt% of the non-aqueous electrolyte (about 0.4 wt% to about 5 wt% - [0015])(note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
Regarding Claim 12, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein in the instant Chemical Formula 1, at least one selected from among A1, A2, A3, and A4 is an unsubstituted C1 to C5 alkylene group or a substituted C1 to C5 alkylene group, and a substituent of the substituted C1 to C5 alkylene group is a halogen group, a C1 to C20 alkyl group substituted or unsubstituted with a halogen, a C2 to C20 alkenyl group substituted or unsubstituted with a halogen, a C2 to C20 alkynyl group substituted or unsubstituted with a halogen, a C3 to C20 cycloalkenyl group substituted or unsubstituted with a halogen, a C3 to C20 heterocyclyl group substituted or unsubstituted with a halogen, a C6 to C40 aryl group substituted or unsubstituted with a halogen, a C2 to C40 heteroaryl group substituted or unsubstituted with a halogen, or a polar functional group comprising at least one heteroatom ([0044]).
Regarding Claim 13, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 12. Son further discloses wherein in the instant Chemical Formula 1, at least one selected from among A1, A2, A3, and A4 is an unsubstituted C1 to C5 alkylene group or a substituted C1 to C5 alkylene group, and the substituent of the substituted C1 to C5 alkylene group is a halogen, a methyl group, an ethyl group, a propyl group, an isopropyl group, a butyl group, a tert-butyl group, a trifluoromethyl group, a tetrafluoroethyl group, a phenyl group, a naphthyl group, a tetrafluorophenyl group, a pyrrolyl group, or a pyridinyl group ([0045]).
Regarding Claim 14, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the bicyclic sulfate compound is represented by the instant Chemical Formula 2 (see Formula 2 of Son – [0050-0051]) or the instant Chemical Formula 3 (see Formula 3 of Son – [0050-0051]):
Regarding Claim 15, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the bicyclic sulfate compound is represented by the instant Chemical Formula 4 (see Formula 4 of Son – [0055-0056]).
Regarding Claim 16, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the bicyclic sulfate compound is any one selected from among instant Chemical Formulas 6 to instant Chemical Formula 17 (see : Formulas 6 through Formula 17 of Son - [0059])
Regarding Claim 17, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the additive in the non-aqueous electrolyte comprises vinylene carbonate ([0081-0082]).
Regarding Claim 18, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the organic solvent is a carbonate-based solvent such as at least one of ethylene carbonate ([0079]), ethyl methyl carbonate ([0079]), and diethyl carbonate ([0079]).
Regarding Claim 19, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the organic solvent comprises linear carbonate and/or cyclic carbonate such as at least one of ethylene carbonate ([0079]), ethyl methyl carbonate ([0079]), and diethyl carbonate ([0079]).
Regarding Claim 20, modified Zhang discloses the rechargeable lithium battery as claimed in Claim 1. Son further discloses wherein the organic solvent comprises linear carbonate (ethyl methyl carbonate and diethyl carbonate – [0125]) and cyclic carbonate (ethylene carbonate – [0125]), and a volume ratio of linear carbonate and cyclic carbonate is about 2:1 to about 9:1 (here 7:3::linear carbonates ethyl methyl carbonate and diethyl carbonate: cyclic carbonate ethylene carbonate - [0125])(note that overlapping ranges establish a prima facie case of obviousness – see MPEP 2144.05(I)).
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.
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/K.G.M./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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