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 .
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—4 and 15—18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dou, et al. (WO 2021/042990 A1).
Regarding claim 1, Dou. et al. teach an electrochemical apparatus (paragraph 0003), comprising: a positive electrode (paragraph 0192), a negative electrode (paragraph 0193), and an electrolyte (paragraph 0194); wherein the positive electrode comprises a positive electrode current collector (paragraph 0192) and a positive electrode active material layer formed on the positive electrode current collector (paragraph 0192, and the positive electrode active material layer comprises a positive electrode active material (paragraph 0192), wherein the positive electrode active material including a transition metal layer of a lithium nickel cobalt manganese oxide includes a doping element in particles of the positive electrode active material (paragraph 0007); the electrolyte comprises a dinitrile compound (paragraph 0162; examiner notes Dou, et al. teach succinonitrile, adiponitrile, or glutaronitrile as additives to the electrolyte solution).
Dou, et al. do not specifically teach an example wherein the positive electrode active material comprises lithium nickel cobalt manganate containing aluminum, zirconium, and tungsten (Table 1; examiner notes Dou, et al. teach an example where the lithium nickel cobalt manganate doping elements are zirconium and tungsten in example 4). Examiner notes that Dou, et al. teach an optional third doping element wherein the lithium nickel cobalt manganate is doped with aluminum, zirconium, and tungsten (paragraph 0013; examiner notes Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W), wherein Dou, et al. motivation is to further improving the energy density and high-temperature cycling performance of lithium-ion secondary batteries (paragraph 0013). Thus, the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure a positive electrode active material comprising lithium nickel cobalt manganate containing aluminum, zirconium, and tungsten as claimed.
Regarding claim 2, Dou, et al. further teach the electrochemical apparatus wherein based on a mass of the positive electrode active material, percentages of aluminum, zirconium, and tungsten are a %, b %, and c %, respectively; and 0.1 ≤ a + b + c ≤ 1 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 3, Dou, et al. further teach the electrochemical apparatus wherein based on a mass of the positive electrode active material, percentages of aluminum, zirconium, and tungsten are a %, b %, and c %, respectively; and 1 ≤ (b + c) / a ≤ 5 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 4, Dou, et al. further teach the electrochemical apparatus wherein based on a mass of the positive electrode active material, percentages of zirconium and tungsten are b % and c %, respectively; and 1 ≤ b / c ≤ 3 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 15, Duo, et al. further teach the electrochemical apparatus wherein the electrochemical apparatus satisfies the following: (a) based on a mass of the positive electrode active material, a percentage of aluminum is a %, with a value range of a from 0.05 to 1; (b) based on the mass of the positive electrode active material, a percentage of zirconium is b %, with a value range of b from 0.05 to 1; or (c) based on the mass of the positive electrode active material, a percentage of tungsten is c %, with a value range of c from 0.05 to 1 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 16, Duo, et al. further teach the electrochemical apparatus wherein the electrochemical apparatus satisfies the following: (g) the value range of a is from 0.1 to 0.5; (h) the value range of b is from 0.1 to 0.5; or (i) the value range of c is from 0.1 to 0.5 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 17, Duo, et al. further teach the electrochemical apparatus wherein the electrolyte further comprises lithium difluorophosphate (paragraph 0161)
Regarding claim 18, Duo, et al. further teach the electrochemical apparatus wherein the electrolyte further comprises fluoroethylene carbonate and vinylene carbonate (paragraph 0162).
Claim(s) 5—14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dou, et al. (WO 2021/042990 A1) in view of Wang, et al. (US 2021/0028490 A1).
Regarding claim 5, Duo, et al. teach the electrochemical apparatus (paragraph 003) wherein based on a mass of the positive electrode active material, a percentage of tungsten is c % (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%). Duo, et al. render obvious the features of claim 1 but does not specify the mass percentage of the dinitrile compound.
Wang, et al. teach an electrochemical device (paragraph 0002) containing an electrolyte comprising a dinitrile compound wherein based on a total weight of the electrolyte a weight percentage of the dinitrile compound (claim 1). Wang, et al. motivation to add the dinitrile compound to the electrolyte is to inhibit the increase in DC internal resistance of the electrochemical device (paragraph 0005) and achieves high-capacity density and has excellent cycle and storage performances (paragraph 0015).
Duo, et al. and Wang, et al. teach an electrochemical device with electrolyte comprising a dinitrile compound (adiponitrile and glutaronitrile) and trinitrile (hexanetrinitrile) compound with a motivation of improving higher capacity density and long cycle performances. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure a electrochemical device with a mass based percentage of tungsten in the positive electrode active material taught by Duo, et al. with a mass based percentage of dinitrile compound in the electrolyte solution taught by Wang, et al. to create an electrochemical device with a higher energy density and good high-temperature cycle as claimed.
Regarding claim 6, Dou, et al. further teach the electrochemical apparatus wherein the electrolyte further comprises a trinitrile compound (paragraph 0162; examiner notes Dou, et al. teach hexanetrinitrile as additives to the electrolyte solution).
Regarding claim 7, Wang, et al. further teach the electrochemical apparatus wherein based on a mass of the electrolyte, a percentage of the dinitrile compound is x %, and a percentage of the trinitrile compound is y %, and 1 ≤ x + y ≤ 15 (claim 1; examiner notes Wang, et al. teach an electrochemical device wherein based on a mass of the electrolyte, a percentage of the dinitrile compound is x %, and a percentage of the trinitrile compound is y %, and 2 ≤ x + y ≤ 11).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 8, Wang, et al. further teach the electrochemical apparatus wherein 1 ≤ x / y ≤ 5 (claim 1; examiner notes Wang, et al. teach an electrochemical device wherein based on a mass of the electrolyte, a percentage of the dinitrile compound is x %, and a percentage of the trinitrile compound is y %, and 0.1 ≤ x / y ≤ 8).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 9, Wang, et al. further teach the electrochemical apparatus wherein the electrolyte further comprises a sulfur-oxygen double bond-containing compound, and based on a mass of the electrolyte, a percentage of the sulfur-oxygen double bond-containing compound is z % (paragraph 0080; examiner notes Wang, et al. teach based on the total weight of the electrolyte, the content of the compound having a sulfur-oxygen double bond is 0.01 wt %—5 wt % ); based on a mass of the positive electrode active material, a percentage of tungsten is c %; and 1≤ z / c ≤ 50 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Regarding claim 10, Dou, et al. further teach the electrochemical apparatus wherein the sulfur-oxygen double bond-containing compound includes propylene sulfate, 1,3-propane sultone, 1,3-propene sultone, or methylene methanedisulfonate (paragraph 0162).
Regarding claims 11—12, Duo, et al. teach that the sulfur-oxygen double bond-containing compound includes propylene sulfate, 1,3-propane sultone, 1,3-propene sultone, or methylene methanedisulfonate (paragraph 0162). Examiner notes that claim 11 further specifies the sulfur-oxygen double bond-containing compound including bicyclic sulfate only and not propylene sulfate, 1,3-propane sultone, 1,3-propene sultone, or methylene methanedisulfonate and as such, it remains rejected.
Regarding claims 13—14, Duo, et al. teach that the sulfur-oxygen double bond-containing compound includes propylene sulfate, 1,3-propane sultone, 1,3-propene sultone, or methylene methanedisulfonate (paragraph 0162). Examiner notes that claim 13 further specifies the sulfur-oxygen double bond-containing compound including bicyclic sultone only and not propylene sulfate, 1,3-propane sultone, 1,3-propene sultone, or methylene methanedisulfonate and as such, it remains rejected.
Claim(s) 19—20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dou, et al. (WO 2021/042990 A1).
Regarding claim 19, Duo, et al. teach an electronic apparatus (claim 20), comprising an electrochemical apparatus (paragraph 0003), the electrochemical apparatus comprises a positive electrode (paragraph 0192), a negative electrode (paragraph 0193), and an electrolyte (paragraph 0194); wherein the positive electrode comprises a positive electrode current collector (paragraph 0192) and a positive electrode active material layer formed on the positive electrode current collector (paragraph 0192), and the positive electrode active material layer comprises a positive electrode active material (paragraph 0192), wherein the positive electrode active material including a transition metal layer of a lithium nickel cobalt manganese oxide includes a doping element in particles of the positive electrode active material (paragraph 0007); the electrolyte comprises a dinitrile compound (paragraph 0162; examiner notes Dou, et al. teach succinonitrile, adiponitrile, or glutaronitrile as additives to the electrolyte solution).
Dou, et al. do not specifically teach an example wherein the positive electrode active material comprises lithium nickel cobalt manganate containing aluminum, zirconium, and tungsten (Table 1; examiner notes Dou, et al. teach an example where the lithium nickel cobalt manganate doping elements are zirconium and tungsten in example 4). Examiner notes that Dou, et al. teach an optional third doping element wherein the lithium nickel cobalt manganate is doped with aluminum, zirconium, and tungsten (paragraph 0013; examiner notes Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W), wherein Dou, et al. motivation is to further improving the energy density and high-temperature cycling performance of lithium-ion secondary batteries (paragraph 0013). Thus, the examiner contends that it would have been obvious to one of ordinary skill in the art at the time the invention was filed to configure a positive electrode active material comprising lithium nickel cobalt manganate containing aluminum, zirconium, and tungsten as claimed.
Regarding claim 20, Duo, et al. further teach the electronic apparatus wherein based on a mass of the positive electrode active material, percentages of aluminum, zirconium, and tungsten are a %, b %, and c %, respectively; and 0.1 ≤ a + b + c ≤ 1 (paragraph 0096 and 0013; examiner notes in paragraph 0013 Dou, et al. teach the positive electrode active material wherein the doping element comprises one or more of Al, Si, Ti, V, Ge, Se, Zr, Nb, Ru, Pd, Sb, Te, and W; optionally, the doping element comprises one or more of Al, Si, Ge, Se, Zr, Ru, Sb, Te, and W; and in paragraph 0096 Duo, et al. further teach doping elements in the positive electrode active material relative to average mass concentration η′ of doping elements in particles of positive electrode active material is ε, and ε satisfies ε<50%).
Prior art which teaches a range within, overlapping, or touching the claimed range anticipates if the prior art range does not substantially deviate from the claimed range. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (anticipation found even where prior art range was not identical to claimed ranges); see also MPEP 2144.05 and MPEP 2131.03.
Conclusion
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/K.M.F./Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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