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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because it exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 non-obviousness.
Claims 1-5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Momma et al. (WO 2020121109 A1) in view of Shim et al. (Characterization of Spinel LixCo2O4‑Coated LiCoO2 Prepared with Post-Thermal Treatment as a Cathode Material for Lithium Ion Batteries, see NPL documents for citation).
Regarding claim 1, Momma teaches the preparation of a positive electrode for lithium ion secondary batteries [0019]. In Embodiment 3, first lithium and magnesium fluoride are mixed to obtain the mixture 902 (S11-14) [0098, 0099 and Fig. 3]. Next, a lithium source, which is a pre-synthetized lithium cobalt oxide (Cellseed C-10N, manufactured by Nippon Chemical Industrial Co., Ltd) is mixed with the mixture 902 to obtain the mixture 903 (S31-33) [0108-0110 and Fig. 3]. Next, the mixture 903 is heated (S34) [0111]. It is taught that when the average particle diameter (D50) of the particles in Step S25 (pre-synthetized lithium cobalt oxide) is approximately 5 µm, the annealing temperature is preferably higher than or equal to 600 °C and lower than or equal to 950 °C, for example. The annealing time is preferably longer than or equal to 1 hour and shorter than or equal to 10 hours, further preferably approximately 2 hours, for example [0114].
After the temperature of the annealed mixture 903 is lowered, a mixture 904 is obtained (S34), which is further mixed with nickel hydroxide (S50) to obtain a mixture 905 [0115, 0118 and 0120]. The mixture 905 is further mixed with an aluminum alkoxide (S53) and heated preferably at 850 °C for a period longer than or equal to 1 hour and shorter than or equal to 80 hours [0124, 0130-0132 and Fig. 3].
Momma does not teach the feature wherein the lithium cobalt oxide is heated at a temperature higher than or equal to 700 °C and lower than or equal to 1000 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours, prior to be mixed with the fluorine and magnesium source.
Shim teaches the preparation of a LiCoO2 sample which, after its synthesis, is subjected to a thermal annealing process at a temperature of 800 °C (cooling rate of 5 °C/min) for 3 h [p. 3274; 2. Experiments]. The thermal annealed LiCoO2 (LCOpost-thermal) resulted in a thin spinel (LixCo2O4)-coated LiCoO2 material, which shown an enhanced electrochemical performance, because the effective coating layer prevents side reactions and functions as a conductive agent, thus improving the electrical behavior [p. 3275; col. 1; line 5-8 and p. 3278-3279; 4. Conclusion].
Momma is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for forming a composite oxide comprising a lithium cobalt oxide with a median diameter (D50) of less than or equal to 10 µm mixed with a fluorine source and a magnesium source, wherein the previous mixture is heated at a temperature higher than or equal to 800 °C and lower than or equal to 1100 °C for longer than or equal to 1 hour and shorter than or equal to 10 hours. Then the annealed mixture is further mixed with a nickel source and an aluminum source and finally it is heated at a temperature higher than or equal to 800 °C and lower than or equal to 950 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours (S55). From the above described procedure a positive electrode active material 100A-2 is obtained (S57).
Shim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a LiCoO2 sample thermal annealing process at a temperature of 800 °C (cooling rate of 5 °C/min) for 3 h.
If the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma is subjected to the thermal annealing process taught by Shim, the claimed limitations are met.
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 modify the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma to be “heated at a temperature higher than or equal to 700 °C and lower than or equal to 1000 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours”, because Shim teaches that it results in a thin spinel (LixCo2O4)-coated LiCoO2 material, which shown an enhanced electrochemical performance, because the effective coating layer prevents side reactions and functions as a conductive agent, thus improving the electrical behavior.
From the previous descriptions, the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma, modified by Shim, meet the first step limitation. Next, when the modified pre-synthetized lithium cobalt oxide (Cellseed C-10N) is mixed with the mixture 902 to obtain the mixture 903 (first mixture) meet the second step limitation. The step where the mixture 903 (first mixture) is heated from 600-950 °C for 1-10 hours, further preferably approximately 2 hours, meet the third step limitation. Next, when the annealed mixture 903 (first mixture) is further mixed with nickel hydroxide (S50) to obtain a mixture 905 and it is further mixed with an aluminum alkoxide (S53) (second mixture), meet the fourth step limitation. Finally, when the mixture 905-aluminum alkoxide (second mixture) is heated preferably at 850 °C for a period of 1-80 hours, the heating time overlap the claimed time range recited on the claimed fifth step.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the mixture 905-aluminum alkoxide (second mixture) heating time range disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 2, Momma and Shim teach all the elements of the current invention in claim 1. Momma further teaches that the ratio of the atomic number TM of the transition metal in the composite oxide containing lithium, the transition metal, and oxygen to the atomic number MgMix1 of magnesium in the mixture 902 (TM:MgMix1) is preferably 1:0.007-0.04 [0108]. Because the transition metal in the composite oxide is Co, the claimed limitation is overlapped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the atomic number TM of the transition metal in the composite oxide to the atomic number MgMix1 of magnesium in the mixture 902 (TM:MgMix1) range disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 3, Momma and Shim teach all the elements of the current invention in claim 1. From claim 1 discussion, the limitation “wherein the fluorine source is lithium fluoride, wherein the magnesium source is magnesium fluoride” is met. Momma further teaches that the molar ratio of lithium fluoride to magnesium fluoride (LiF:MgF2) is preferably 0.1 ≤ x ≤ 0.5 [0100].
Regarding claims 4 and 5, Momma and Shim teach all the elements of the current invention in claim 3. Momma further teaches that in steps S50-53, the annealed and collected mixture 903 (first mixture) is further mixed with nickel and aluminum [0116-0121 and Fig. 3]. It is further taught that the number of aluminum atoms and the number of nickel atoms in the metal source each range from 0.001 to 0.02 (0.1-2%) times the number of cobalt atoms in the lithium cobalt oxide [0122]. From the previous description, the claimed ranges of claims 4 and 5 are overlapped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the nickel and aluminum atoms to cobalt atoms ratio ranges disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 9, Momma and Shim teach all the elements of the current invention in claim 1. From claim 1 discussion the limitation “wherein the fluorine source is lithium fluoride, wherein the magnesium source is magnesium fluoride” is met.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Momma et al. (WO 2020121109 A1) in view of Shim et al. (Characterization of Spinel LixCo2O4‑Coated LiCoO2 Prepared with Post-Thermal Treatment as a Cathode Material for Lithium Ion Batteries, see NPL documents for citation) as applied to claim 5 above, further in view of Frianeza-Kullberg, T. (US 20140272132 A1), evidenced by Park et al. (US 20190252669 A1), and CS Ceramics (Necessity of Lid for Thermal Analysis Crucibles, see NPL documents for citation).
Regarding claim 6, Momma and Shim teach all the elements of the current invention in claim 5, except “wherein the first step is performed in an atmosphere comprising oxygen in a state where a lid is put on a sagger comprising the lithium cobalt oxide”.
Frianeza-Kullberg teaches a method of forming fine and ultrafine powders and nanopowders [0001]. On Example 2, lithium cobalt oxide was prepared and after being dried and collected it was placed in a sagger and fired in a box furnace in air for 5 h at 900° C [0146]. Park evidence that in the process of producing a cathode active material of a lithium secondary battery, the firing process is usually performed in an atmosphere of air containing oxygen. In this case, when a firing atmosphere gas containing oxygen, such as oxygen, air or the like, supplied externally, may be easily circulated in a saggar to allow the raw material contained in the saggar to contact oxygen, firing efficiency may be improved [0004].
Regarding the “lid” feature, CS Ceramics teaches that a lidded crucible (sagger analogous) favors uniform temperature inside the reaction system and prevents extreme light sample powder from flying and drifting away with the dynamic atmosphere, among other advantages [Advantages of lidded Thermal Analysis Crucible]. Despite its teachings are related to thermal analysis crucibles, the previous stated advantages would apply to a thermal treatment for a lithium cobalt oxide powder in a similar crucible.
Frianeza-Kullberg is analogous art to the current invention because it is concerned with the same field of endeavor, namely a lithium cobalt oxide powder which is fired in a sagger in an air atmosphere.
CS Ceramics is analogous art to the current invention because it is concerned with the same field of endeavor, namely teachings regarding crucibles with lids, as claimed for the first step procedure.
If the pre-synthetized lithium cobalt oxide (Cellseed C-10N) particles thermal annealing process of Momma in view of Shim is further modified to be performed in a sagger/crucible having lid under an air atmosphere, the claimed limitations would be met.
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 modify the pre-synthetized lithium cobalt oxide (Cellseed C-10N) particles thermal annealing process of Momma in view of Shim to include the feature wherein it is performed in an atmosphere comprising oxygen in a state where a lid is put on a sagger comprising the lithium cobalt oxide, because Frianeza-Kullberg teaches a lithium cobalt oxide powder which is fired in a sagger in an air atmosphere, Park evidence that in the process of producing a cathode active material of a lithium secondary battery, the firing process is usually performed in an atmosphere of air containing oxygen. In this case, when a firing atmosphere gas containing oxygen, such as oxygen, air or the like, supplied externally, may be easily circulated in a saggar to allow the raw material contained in the saggar to contact oxygen, firing efficiency may be improved. Regarding the lid feature, CS Ceramics teaches that a lidded crucible (sagger analogous) favors uniform temperature inside the reaction system and prevents extreme light sample powder from flying and drifting away with the dynamic atmosphere, among other advantages.
Claims 7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Momma et al. (WO 2020121109 A1) in view of Shim et al. (Characterization of Spinel LixCo2O4‑Coated LiCoO2 Prepared with Post-Thermal Treatment as a Cathode Material for Lithium Ion Batteries, see NPL documents for citation).
Regarding claim 7, Momma teaches the preparation of a positive electrode for lithium ion secondary batteries [0019]. In Embodiment 3, first lithium and magnesium fluoride are mixed to obtain the mixture 902 (S11-14) [0098, 0099 and Fig. 3]. Next, a lithium source, which is a pre-synthetized lithium cobalt oxide (Cellseed C-10N, manufactured by Nippon Chemical Industrial Co., Ltd) is mixed with the mixture 902 to obtain the mixture 903 (S31-33) [0108-0110 and Fig. 3]. Next, the mixture 903 is heated (S34) [0111]. It is taught that when the average particle diameter (D50) of the particles in Step S25 (pre-synthetized lithium cobalt oxide) is approximately 5 µm, the annealing temperature is preferably higher than or equal to 600 °C and lower than or equal to 950 °C, for example. The annealing time is preferably longer than or equal to 1 hour and shorter than or equal to 10 hours, further preferably approximately 2 hours, for example [0114].
After the temperature of the annealed mixture 903 is lowered, a mixture 904 is obtained (S34), which is further mixed with nickel hydroxide (S50) to obtain a mixture 905 [0115, 0118 and 0120]. The mixture 905 is further mixed with an aluminum alkoxide (S53) and heated preferably at 850 °C for a period longer than or equal to 1 hour and shorter than or equal to 80 hours [0124, 0130-0132 and Fig. 3]. Finally a positive electrode active material 100A-2 is obtained [0136 and Fig. 3].
In Embodiment 4 is described a secondary battery in which a positive electrode, a negative electrode, and an electrolyte solution are wrapped in an exterior body [0177 and 0178], wherein the positive electrode can employ the positive electrode active material 100A-2 [0181]. The negative electrode can employ a carbon based material as is active material [0205].
Momma does not teach the feature wherein the lithium cobalt oxide is heated at a temperature higher than or equal to 700 °C and lower than or equal to 1000 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours, prior to be mixed with the fluorine and magnesium source.
Shim teaches the preparation of a LiCoO2 sample which, after its synthesis, is subjected to a thermal annealing process at a temperature of 800 °C (cooling rate of 5 °C/min) for 3 h [p. 3274; 2. Experiments]. The thermal annealed LiCoO2 (LCOpost-thermal) resulted in a thin spinel (LixCo2O4)-coated LiCoO2 material, which shown an enhanced electrochemical performance, because the effective coating layer prevents side reactions and functions as a conductive agent, thus improving the electrical behavior [p. 3275; col. 1; line 5-8 and p. 3278-3279; 4. Conclusion].
Momma is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for forming a composite oxide comprising a lithium cobalt oxide with a median diameter (D50) of less than or equal to 10 µm mixed with a fluorine source and a magnesium source, wherein the previous mixture is heated at a temperature higher than or equal to 800 °C and lower than or equal to 1100 °C for longer than or equal to 1 hour and shorter than or equal to 10 hours. Then the annealed mixture is further mixed with a nickel source and an aluminum source and finally it is heated at a temperature higher than or equal to 800 °C and lower than or equal to 950 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours (S55). From the above described procedure a positive electrode active material 100A-2 is obtained (S57) [0137 and Fig. 3]. Additionally it teaches a secondary battery in which a positive electrode, a negative electrode, and an electrolyte solution are wrapped in an exterior body, wherein the positive electrode comprises the above described material and the negative electrode comprises a carbon material.
Shim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a LiCoO2 sample thermal annealing process at a temperature of 800 °C (cooling rate of 5 °C/min) for 3 h.
If the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma is subjected to the thermal annealing process taught by Shim, the claimed limitations are met.
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 modify the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma to be “heated at a temperature higher than or equal to 700 °C and lower than or equal to 1000 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours”, because Shim teaches that it results in a thin spinel (LixCo2O4)-coated LiCoO2 material, which shown an enhanced electrochemical performance, because the effective coating layer prevents side reactions and functions as a conductive agent, thus improving the electrical behavior.
From the previous descriptions, the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma, modified by Shim, meet the first step limitation. Next, when the modified pre-synthetized lithium cobalt oxide (Cellseed C-10N) is mixed with the mixture 902 to obtain the mixture 903 (first mixture) meet the second step limitation. The step where the mixture 903 (first mixture) is heated from 600-950 °C for 1-10 hours, further preferably approximately 2 hours, meet the third step limitation. Next, when the annealed mixture 903 (first mixture) is further mixed with nickel hydroxide (S50) to obtain a mixture 905 and it is further mixed with an aluminum alkoxide (S53) (second mixture), meet the fourth step limitation. Finally, when the mixture 905-aluminum alkoxide (second mixture) is heated preferably at 850 °C for a period of 1-80 hours, the heating time overlap the claimed time range recited on the claimed fifth step.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the mixture 905-aluminum alkoxide (second mixture) heating time range disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 10, Momma and Shim teach all the elements of the current invention in claim 7. Momma further teaches that the ratio of the atomic number TM of the transition metal in the composite oxide containing lithium, the transition metal, and oxygen to the atomic number MgMix1 of magnesium in the mixture 902 (TM:MgMix1) is preferably 1:0.007-0.04 [0108]. Because the transition metal in the composite oxide is Co, the claimed limitation is overlapped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the atomic number TM of the transition metal in the composite oxide to the atomic number MgMix1 of magnesium in the mixture 902 (TM:MgMix1) range disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 11, Momma and Shim teach all the elements of the current invention in claim 7. From claim 7 discussion, the limitation “wherein the fluorine source is lithium fluoride, wherein the magnesium source is magnesium fluoride” is met.
Regarding claim 12, Momma and Shim teach all the elements of the current invention in claim 7. From claim 7 discussion, the limitation “wherein the fluorine source is lithium fluoride, wherein the magnesium source is magnesium fluoride” is met. Momma further teaches that the molar ratio of lithium fluoride to magnesium fluoride (LiF:MgF2) is preferably 0.1 ≤ x ≤ 0.5 [0100].
Regarding claims 13 and 14, Momma and Shim teach all the elements of the current invention in claim 7. Momma further teaches that in steps S50-53, the annealed and collected mixture 903 (first mixture) is further mixed with nickel and aluminum [0116-0121 and Fig. 3]. It is further taught that the number of aluminum atoms and the number of nickel atoms in the metal source each range from 0.001 to 0.02 (0.1-2%) times the number of cobalt atoms in the lithium cobalt oxide [0122]. From the previous description, the claimed ranges of claims 13 and 14 are overlapped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the nickel and aluminum atoms to cobalt atoms ratio ranges disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Claims 8 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Momma et al. (WO 2020121109 A1) in view of Shim et al. (Characterization of Spinel LixCo2O4‑Coated LiCoO2 Prepared with Post-Thermal Treatment as a Cathode Material for Lithium Ion Batteries, see NPL documents for citation) and Fukunaga et al. (US 20070134558 A1).
Regarding claim 8, Momma teaches the preparation of a positive electrode for lithium ion secondary batteries [0019]. In Embodiment 3, first lithium and magnesium fluoride are mixed to obtain the mixture 902 (S11-14) [0098, 0099 and Fig. 3]. Next, a lithium source, which is a pre-synthetized lithium cobalt oxide (Cellseed C-10N, manufactured by Nippon Chemical Industrial Co., Ltd) is mixed with the mixture 902 to obtain the mixture 903 (S31-33) [0108-0110 and Fig. 3]. Next, the mixture 903 is heated (S34) [0111]. It is taught that when the average particle diameter (D50) of the particles in Step S25 (pre-synthetized lithium cobalt oxide) is approximately 5 µm, the annealing temperature is preferably higher than or equal to 600 °C and lower than or equal to 950 °C, for example. The annealing time is preferably longer than or equal to 1 hour and shorter than or equal to 10 hours, further preferably approximately 2 hours, for example [0114].
After the temperature of the annealed mixture 903 is lowered, a mixture 904 is obtained (S34), which is further mixed with nickel hydroxide (S50) to obtain a mixture 905 [0115, 0118 and 0120]. The mixture 905 is further mixed with an aluminum alkoxide (S53) and heated preferably at 850 °C for a period longer than or equal to 1 hour and shorter than or equal to 80 hours [0124, 0130-0132 and Fig. 3]. Finally a positive electrode active material 100A-2 is obtained [0136 and Fig. 3].
In Embodiment 4 is described a secondary battery in which a positive electrode, a negative electrode, and an electrolyte solution are wrapped in an exterior body [0177 and 0178], wherein the positive electrode can employ the positive electrode active material 100A-2 [0181]. The negative electrode can employ a carbon based material as is active material [0205]. The electrolyte solution may comprise ethylene carbonate (EC), ethyl methyl carbonate (EMC) and dimethyl carbonate (DMC), among other solvents [0217].
Momma does not teach the feature wherein the lithium cobalt oxide is heated at a temperature higher than or equal to 700 °C and lower than or equal to 1000 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours, prior to be mixed with the fluorine and magnesium source and wherein a ratio of volume VEC of the ethylene carbonate, volume VEMC of the ethyl methyl carbonate, and volume VDMC of the dimethyl carbonate is VEC:VEMC:VDMC = x:y:100-x-y (5 ≤ x ≤ 35 and 0 <y < 65) when a total content of the ethylene carbonate, the ethyl methyl carbonate, and the dimethyl carbonate is set to 100 vol%.
Shim teaches the preparation of a LiCoO2 sample which, after its synthesis, is subjected to a thermal annealing process at a temperature of 800 °C (cooling rate of 5 °C/min) for 3 h [p. 3274; 2. Experiments]. The thermal annealed LiCoO2 (LCOpost-thermal) resulted in a thin spinel (LixCo2O4)-coated LiCoO2 material, which shown an enhanced electrochemical performance, because the effective coating layer prevents side reactions and functions as a conductive agent, thus improving the electrical behavior [p. 3275; col. 1; line 5-8 and p. 3278-3279; 4. Conclusion].
Fukunaga teaches a non-aqueous secondary cell comprising a positive electrode, a negative electrode and a non-aqueous electrolyte [Abstract and 0009]. Both the positive electrode, which includes spinel type and layered type lithium manganese oxides, and the negative electrode, which is a carbon material, are capable of occluding and releasing lithium [0009, 0035, claim 4]. The non-aqueous solution comprises a lithium salt with a desired concentration of approximately 0.5-2 mol/l of nonaqueous electrolyte. The non-aqueous solvent may be an EC:EMC:DMC mixture, having a preferred range of 10-50:10-50:10-50 is preferred [0090]. From the previous description the volume feature is implicit and the claimed ranges are overlapped.
Momma is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for forming a composite oxide comprising a lithium cobalt oxide with a median diameter (D50) of less than or equal to 10 µm mixed with a fluorine source and a magnesium source, wherein the previous mixture is heated at a temperature higher than or equal to 800 °C and lower than or equal to 1100 °C for longer than or equal to 1 hour and shorter than or equal to 10 hours. Then the annealed mixture is further mixed with a nickel source and an aluminum source and finally it is heated at a temperature higher than or equal to 800 °C and lower than or equal to 950 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours (S55). From the above described procedure a positive electrode active material 100A-2 is obtained (S57) [0137 and Fig. 3]. Additionally it teaches a secondary battery in which a positive electrode, a negative electrode, and an electrolyte solution are wrapped in an exterior body, wherein the positive electrode comprises the above described material and the negative electrode comprises a carbon material. The electrolyte solution may comprise ethylene carbonate, ethyl methyl carbonate and dimethyl carbonate.
Shim is analogous art to the current invention because it is concerned with the same field of endeavor, namely a LiCoO2 sample thermal annealing process at a temperature of 800 °C (cooling rate of 5 °C/min) for 3 h.
Fukunaga is analogous art to the current invention because it is concerned with the same field of endeavor, namely a lithium ion battery comprising a positive electrode comprising a positive electrode active material, an electrolyte, and a negative electrode comprising a negative electrode active material that is a carbon material, in which the electrolyte comprises ethylene carbonate, ethyl methyl carbonate, wherein the VEC:VEMC:VDMC claimed ratio is overlapped.
If the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma is subjected to the thermal annealing process taught by Shim, the claimed limitations are met.
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 modify the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma to be “heated at a temperature higher than or equal to 700 °C and lower than or equal to 1000 °C for longer than or equal to 1 hour and shorter than or equal to 5 hours”, because Shim teaches that it results in a thin spinel (LixCo2O4)-coated LiCoO2 material, which shown an enhanced electrochemical performance, because the effective coating layer prevents side reactions and functions as a conductive agent, thus improving the electrical behavior.
From the previous descriptions, the pre-synthetized lithium cobalt oxide (Cellseed C-10N) of Momma, modified by Shim, meet the first step limitation. Next, when the modified pre-synthetized lithium cobalt oxide (Cellseed C-10N) is mixed with the mixture 902 to obtain the mixture 903 (first mixture) meet the second step limitation. The step where the mixture 903 (first mixture) is heated from 600-950 °C for 1-10 hours, further preferably approximately 2 hours, meet the third step limitation. Next, when the annealed mixture 903 (first mixture) is further mixed with nickel hydroxide (S50) to obtain a mixture 905 and it is further mixed with an aluminum alkoxide (S53) (second mixture), meet the fourth step limitation. Finally, when the mixture 905-aluminum alkoxide (second mixture) is heated preferably at 850 °C for a period of 1-80 hours, the heating time overlap the claimed time range recited on the claimed fifth step.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the mixture 905-aluminum alkoxide (second mixture) heating time range disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the VEC:VEMC:VDMC volumetric ratio ranges disclosed by Fukunaga because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 15, Momma, Shim and Fukunaga teaches all the elements of the current invention in claim 8. Momma further teaches that the ratio of the atomic number TM of the transition metal in the composite oxide containing lithium, the transition metal, and oxygen to the atomic number MgMix1 of magnesium in the mixture 902 (TM:MgMix1) is preferably 1:0.007-0.04 [0108]. Because the transition metal in the composite oxide is Co, the claimed limitation is overlapped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the atomic number TM of the transition metal in the composite oxide to the atomic number MgMix1 of magnesium in the mixture 902 (TM:MgMix1) range disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Regarding claim 16, Momma, Shim and Fukunaga teach all the elements of the current invention in claim 8. From claim 8 discussion, the limitation “wherein the fluorine source is lithium fluoride, wherein the magnesium source is magnesium fluoride” is met.
Regarding claim 17, Momma and Shim teach all the elements of the current invention in claim 8. From claim 8 discussion, the limitation “wherein the fluorine source is lithium fluoride, wherein the magnesium source is magnesium fluoride” is met. Momma further teaches that the molar ratio of lithium fluoride to magnesium fluoride (LiF:MgF2) is preferably 0.1 ≤ x ≤ 0.5 [0100].
Regarding claims 18 and 19, Momma and Shim teach all the elements of the current invention in claim 8. Momma further teaches that in steps S50-53, the annealed and collected mixture 903 (first mixture) is further mixed with nickel and aluminum [0116-0121 and Fig. 3]. It is further taught that the number of aluminum atoms and the number of nickel atoms in the metal source each range from 0.001 to 0.02 (0.1-2%) times the number of cobalt atoms in the lithium cobalt oxide [0122]. From the previous description, the claimed ranges of claims 18 and 19 are overlapped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the nickel and aluminum atoms to cobalt atoms ratio ranges disclosed by Momma because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Conclusion
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/G.R./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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