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
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 nonobviousness.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Whitacre et al. (WO2023/133106A1, hereinafter Whitacre) in view of Dong et al. (“Understanding Electrochemical Performance Improvement with Nb doping in Lithium-rich Manganese-based Cathode Materials”, hereinafter Dong), and Choi et al. (US Pat. Pub. No. 2023/0042412, hereinafter Choi).
In regard to Claim 1, Whitacre discloses a positive electrode active material comprising:
a first phase containing a lithium manganese oxide with a rock salt structure (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.); and
a second phase containing a lithium metal oxide of Formula 1 with a layered structure, in a mixed state (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.),
wherein in the positive electrode active material, the content of manganese accounts for about 50 mol% or more of a total content of metals contained in the positive electrode active material, excluding lithium (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure. The molar fraction of manganese “a” is from 0.6 to 0.9, which falls inside the claimed range of about 50mol% or more, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.), and
[Formula 1]
Li[Ni1-b-cMnbMc]O2
wherein b is 0.4 or more and less than 1, c is 0 to 0.2, and M is at least one selected from the group consisting of Al, B, W, Mg, V, Ti, Zn, Ga, In, Ru, Sn, Sr and Zr (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] * x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.
Examiner notes that since the value of “c” may be 0, it is equivalent to M not being present in the chemical composition. Therefore, Whitacre reads on the claimed invention Li[Ni1-b-cMnbMc]O2 , 0.4≤b≤1, 0≤c≤0.2.
For example, Whitacre discloses [LiMnaNi(1-a)O2], wherein “a”= 0.6 to 0.9, and M is not present and therefore c=0. Therefore, if “a” is 0.6, then:
Li[Mn0.6Ni1-0.6]O2= Li[Mn0.6Ni0.4]O2, which reads on the claimed formula as claimed in claim 1.).
Whitacre fails to disclose niobium (Nb) which is additionally doped on the positive electrode active material is further included in an amount of 2,000 ppm to 9,500 ppm based on a total content of the positive electrode active material.
However, Dong teaches Nb-doped lithium-rich manganese-based cathode materials by solvothermal and high-temperature solid-phase methods. Electrochemical evaluation reveals that electrochemical performance is significantly enhanced by Nb doping. Density functional theory calculations demonstrate that Nb doping accelerates Li-ion diffusion and stabilizes material structure due to stronger Nb–O bonds from reduced Li-ion migration barrier energy. Thus, the proposed modification strategy for Nb doping can illuminate the structural design of lithium-rich manganese-based cathode materials (see page 1, abstract). Nb is deemed the most appropriate substituent element for Mn in LiMnO3 due to the stronger binding energy of Nb-O than Mn-O; this is beneficial for suppressing the O evolution during the delithiation process (see page 2, left column, second paragraph).
Dong teaches Li1.2 [Ni0.13Coo.13Mn0.54]1-xNbxO2 (x=0.01, 0.02, 0.04) cathode materials were synthesized using the high-temperature solid-phase method. Sintered Ni-Co-Mn based precursor, Li2CO3, and Nb2O5 (at appropriate molar ratios) were evenly mixed; the n(Ni+Co+Mn)/n(Li2CO3)/n(Nb2O5) were (1-x/2):1.25:x/2, the excess of Li2CO3 was used to compensate for lithium loss during calcination. The final products with Nb of 0mol, 0.01mol, 0.02mol and 0.04mol were abbreviated as Nb-0, Nb-0.01, Nb-0.02, Nb-0.04, respectively (see page 2, left column, last paragraph to right column, first paragraph). It can be concluded that Nb doping is beneficial in enlarging the interplanar spacing of materials to promote the diffusion of Li-ions and to improve the electrochemical properties of materials (see page 4, right column). Further, it can be concluded that an appropriate Nb-doping amount is beneficial in enhancing the electrochemical performance of cathode materials. This is mainly due to the ability of the appropriate quantity of Nb to form the Li3NbO4 phase and expand the lattice parameters to promote Li-ion diffusion. When the amount of Nb is greater, it significantly influences the kinetic process of charge transfer and lithium migration at the electrode/electrolyte interface owing to the formation of the extra Li3NbO4 phase, which ultimately leads to reductions in the discharge capacity (see page 6, right column and page 8, conclusion).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre by further doping Nb on the positive electrode active material, as claimed by the applicant, with a reasonable expectation of success, as Dong teaches Nb-doped lithium-rich manganese-based cathode materials by solvothermal and high-temperature solid-phase methods, wherein Nb doping of lithium-rich manganese-based cathode materials accelerates Li-ion diffusion and stabilizes material structure due to stronger Nb–O bonds from reduced Li-ion migration barrier energy, whereby Nb is deemed the most appropriate substituent element for Mn in LiMnO3 due to the stronger binding energy of Nb-O than Mn-O and this is beneficial for suppressing the O evolution during the delithiation process, and it can be concluded that Nb doping is beneficial in enlarging the interplanar spacing of materials to promote the diffusion of Li-ions and to improve the electrochemical properties of materials, and an appropriate Nb-doping amount is beneficial in enhancing the electrochemical performance of cathode materials (see page 2, left column, last paragraph to right column, first paragraph, page 4, right column and page 6, right column and page 8, conclusion).
Examiner notes that Whitacre, in view of Dong, does not explicitly disclose wherein niobium is included in an amount of 2,000ppm to 9,500ppm based on a total content of the positive electrode active material, Dong teaches the importance of the Nb-doping amount since it is beneficial in enhancing the electrochemical performance of cathode materials. Therefore, it is considered reasonably obvious, absent evidence to the contrary, to optimize the amount of niobium to be included in the positive electrode active material, to an optimum amount of 2,000pm to 9,500ppm, as claimed by the applicant, since this optimum value is obtainable by one of ordinary skill in the art through routine experimentation, as Dong teaches that this is a result-effective variable that may be optimized to obtain a desired end-result, such as for enhancing the electrochemical performance of cathode materials, and arrive at the claimed invention. See MPEP 2144.05.
In the alternative, Whitacre, in view of Dong, does not explicitly disclose wherein niobium is included in an amount of 2,000ppm to 9,500ppm based on a total content of the positive electrode active material.
However, Choi teaches a positive electrode active material and a lithium secondary battery including the same. The positive electrode active material comprises a coating layer containing a niobium compound positioned on a surface of a primary particles and a secondary particle, whereby it is possible to reduce the high temperature cycle-life characteristic and resistance increase rate, and obtain a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0005] and [0009]). The content of niobium (Nb) in the positive electrode active material may be in the range of 4,000ppm or less, such as 1,000ppm to 3000ppm, based on the entire positive electrode material (see paragraph [0041]), which overlaps the claimed range of from 2,000ppm to 9,500ppm, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further adding niobium on the positive electrode active material in an amount of 2,000ppm to 9,500ppm based on a total content of the positive electrode active material, as claimed by the applicant, with a reasonable expectation of success, as Choi teaches a positive electrode active material and a lithium secondary battery including the same, wherein the positive electrode active material comprises a coating layer containing a niobium compound positioned on a surface of a primary particles and a secondary particle, wherein the content of niobium (Nb) in the positive electrode active material may be in the range of 4,000ppm or less, such as 1,000ppm to 3000ppm, based on the entire positive electrode material, whereby it is possible to reduce the high temperature cycle-life characteristic and resistance increase rate, and obtain a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0005], [0009] and [0041]).
In regard to Claim 2, Whitacre discloses wherein the first phase contains a lithium manganese oxide represented by Li2MnO3 (see paragraph [0040]).
In regard to Claim 3, Whitacre discloses wherein the first phase and the second phase are included at a molar ratio of 1:9 to 5:5 (see paragraph [0063]).
In regard to Claim 4, Whitacre discloses wherein a ratio of total moles of lithium contained in the positive electrode active material is greater than 1 and 1.5 or less based on total moles of nickel (Ni), manganese (Mn) and metal M contained in the positive electrode active material (see paragraph [0040]).
In regard to Claim 5, Whitacre discloses wherein a total molar ratio of nickel (Ni): manganese (Mn) contained in the positive electrode active material is 1:1 to 1:5 (see paragraph [0040]).
In regard to Claim 6, Whitacre, in view of Dong and Choi, discloses the positive electrode active material as recited in claim 1. Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] * x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.).
Examiner notes that although Whitacre does not explicitly disclose wherein x is 0.1 to 0.5, adjusting the value of x to be within an optimum range of 0.1 to 0.5, as claimed by the applicant, is within one of ordinary skill in the art through routine experimentation, in order to obtain a desired end-result, as is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
Choi further teaches wherein the niobium is contained in an amount of 4000ppm or less, which falls inside the claimed range of 3,500ppm to 8,000ppm (see paragraph [0041]), as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further adding niobium on the positive electrode active material in an amount of 3,500ppm to 8,000ppm based on a total content of the positive electrode active material, as claimed by the applicant, with a reasonable expectation of success, as Choi teaches a positive electrode active material and a lithium secondary battery including the same, wherein the positive electrode active material comprises a coating layer containing a niobium compound positioned on a surface of a primary particles and a secondary particle, wherein the content of niobium (Nb) in the positive electrode active material may be in the range of 4,000ppm or less, based on the entire positive electrode material, whereby it is possible to reduce the high temperature cycle-life characteristic and resistance increase rate, and obtain a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0005], [0009] and [0041]).
In regard to Claim 7, Whitacre, in view of Dong and Choi, discloses the positive electrode active material as claimed in claim 1. Whitacre further discloses a positive electrode for a lithium secondary battery, the positive electrode comprising: a positive electrode active material layer according to claim 1 and a binder (see paragraphs [0002], [0005], [0062] and [0080]). Whitacre is silent in regard to wherein the positive electrode active material layer is formed on a positive electrode current collector and also containing a conductive material.
However, Choi further teaches the positive electrode active material for a lithium secondary battery. The lithium secondary battery includes a positive electrode comprises the positive active material, a negative electrode including a negative active material, and an electrolyte positioned between the positive electrode and the negative electrode (see paragraph [0058]). The positive electrode active material further includes a binder and a conductive material, wherein the binder serves to attach the positive electrode active material particles well to each other, and to attach the positive electrode active material to the current collector well, i.e. positive electrode current collector (see paragraphs [0060]-[0061]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further having a positive electrode for a lithium secondary battery, the positive electrode comprising a positive electrode current collector, and the positive electrode active material layer formed on the positive electrode current collector and containing the positive electrode active material, a binder and a conductive material, as claimed by the applicant, with a reasonable expectation of success, as Choi further teaches the positive electrode active material for a lithium secondary battery, wherein the lithium secondary battery includes a positive electrode comprises the positive active material, a negative electrode including a negative active material, and an electrolyte positioned between the positive electrode and the negative electrode, wherein the positive electrode active material further includes a binder and a conductive material, whereby the binder serves to attach the positive electrode active material particles well to each other, and to attach the positive electrode active material to the current collector well, i.e. positive electrode current collector, thereby obtaining a positive electrode for a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0058] and [0060]-[0061]).
In regard to Claim 8, Whitacre, in view of Dong and Choi, discloses a lithium secondary battery comprising the positive electrode according to claim 7, a negative electrode, and an electrolyte (see Choi, paragraphs [0058] and [0060]-[0061]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further a lithium secondary battery comprising the positive electrode, a negative electrode, and an electrolyte, as claimed by the applicant, with a reasonable expectation of success, as Choi further teaches the positive electrode active material for a lithium secondary battery, wherein the lithium secondary battery includes a positive electrode comprises the positive active material, a negative electrode including a negative active material, and an electrolyte positioned between the positive electrode and the negative electrode, thereby obtaining a positive electrode for a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0058] and [0060]-[0061]).
In regard to Claim 9, Whitacre, in view of Dong and Choi, discloses the lithium secondary battery as claimed in claim 8. Although Whitacre, as modified above, is silent in regard to wherein a gas generation amount is about 2.9mL or less after storage for two weeks under conditions of SOC (state of charge) 100% and 60ºC, Whitacre, as modified above, discloses the same lithium secondary battery as claimed by the applicant. Therefore, it is considered reasonably obvious, absent evidence to the contrary, that Whitacre’s lithium secondary battery, as modified above, is capable of functioning in the same manner as claimed, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
In regard to Claim 10, Whitacre discloses a positive electrode active material comprising:
a first phase containing a lithium manganese oxide with a rock salt structure (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.); and
a second phase containing a lithium metal oxide of Formula 1 with a layered structure, in a mixed state (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.),
wherein in the positive electrode active material, the content of manganese accounts for about 50 mol% or more of a total content of metals contained in the positive electrode active material, excluding lithium (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure. The molar fraction of manganese “a” is from 0.6 to 0.9, which falls inside the claimed range of about 50mol% or more, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.), and
[Formula 1]
Li[Ni1-b-cMnbMc]O2
wherein b is 0.4 or more and less than 1, c is 0 to 0.2, and M is at least one selected from the group consisting of Al, B, W, Mg, V, Ti, Zn, Ga, In, Ru, Sn, Sr and Zr (see paragraphs [0005] and [0040]; Whitacre discloses decomposing a precursor material using microwave radiation to form a thermally decomposed lithium-rich metal oxide (LRMO) material, sintering the thermally decomposed LRMO material to form a sintered LRMO material. The active material comprises layered hexagonal and monoclinic phases. The LRMO material may be represented by the expression (1-x) [Li2MnO3] * x [LiMnaNi(1-a)O2], wherein the first part of this expression denotes the relative molar amount of the monoclinic phase (1-x), while the second part of this expression denotes the molar amount of the rhombohedral phase (x). The molar fraction of the rhombohedral phase “x”, commonly ranges between 0.8 and 0.95, while “a” ranges from 0.6 to 0.9. The two phases are disposed in a layered structure.
Examiner notes that since the value of “c” may be 0, it is equivalent to M not being present in the chemical composition. Therefore, Whitacre reads on the claimed invention Li[Ni1-b-cMnbMc]O2 , 0.4≤b≤1, 0≤c≤0.2.
For example, Whitacre discloses [LiMnaNi(1-a)O2], wherein “a”= 0.6 to 0.9, and M is not present and therefore c=0. Therefore, if “a” is 0.6, then:
Li[Mn0.6Ni1-0.6]O2= Li[Mn0.6Ni0.4]O2, which reads on the claimed formula as claimed in claim 1.).
Whitacre fails to disclose niobium (Nb) which is additionally doped on the positive electrode active material is further included in an amount of 4,500ppm to 5,500 ppm based on a total content of the positive electrode active material.
However, Dong teaches Nb-doped lithium-rich manganese-based cathode materials by solvothermal and high-temperature solid-phase methods. Electrochemical evaluation reveals that electrochemical performance is significantly enhanced by Nb doping. Density functional theory calculations demonstrate that Nb doping accelerates Li-ion diffusion and stabilizes material structure due to stronger Nb–O bonds from reduced Li-ion migration barrier energy. Thus, the proposed modification strategy for Nb doping can illuminate the structural design of lithium-rich manganese-based cathode materials (see page 1, abstract). Nb is deemed the most appropriate substituent element for Mn in LiMnO3 due to the stronger binding energy of Nb-O than Mn-O; this is beneficial for suppressing the O evolution during the delithiation process (see page 2, left column, second paragraph).
Dong teaches Li1.2 [Ni0.13Coo.13Mn0.54]1-xNbxO2 (x=0.01, 0.02, 0.04) cathode materials were synthesized using the high-temperature solid-phase method. Sintered Ni-Co-Mn based precursor, Li2CO3, and Nb2O5 (at appropriate molar ratios) were evenly mixed; the n(Ni+Co+Mn)/n(Li2CO3)/n(Nb2O5) were (1-x/2):1.25:x/2, the excess of Li2CO3 was used to compensate for lithium loss during calcination. The final products with Nb of 0mol, 0.01mol, 0.02mol and 0.04mol were abbreviated as Nb-0, Nb-0.01, Nb-0.02, Nb-0.04, respectively (see page 2, left column, last paragraph to right column, first paragraph). It can be concluded that Nb doping is beneficial in enlarging the interplanar spacing of materials to promote the diffusion of Li-ions and to improve the electrochemical properties of materials (see page 4, right column). Further, it can be concluded that an appropriate Nb-doping amount is beneficial in enhancing the electrochemical performance of cathode materials. This is mainly due to the ability of the appropriate quantity of Nb to form the Li3NbO4 phase and expand the lattice parameters to promote Li-ion diffusion. When the amount of Nb is greater, it significantly influences the kinetic process of charge transfer and lithium migration at the electrode/electrolyte interface owing to the formation of the extra Li3NbO4 phase, which ultimately leads to reductions in the discharge capacity (see page 6, right column and page 8, conclusion).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre by further doping Nb on the positive electrode active material, as claimed by the applicant, with a reasonable expectation of success, as Dong teaches Nb-doped lithium-rich manganese-based cathode materials by solvothermal and high-temperature solid-phase methods, wherein Nb doping of lithium-rich manganese-based cathode materials accelerates Li-ion diffusion and stabilizes material structure due to stronger Nb–O bonds from reduced Li-ion migration barrier energy, whereby Nb is deemed the most appropriate substituent element for Mn in LiMnO3 due to the stronger binding energy of Nb-O than Mn-O and this is beneficial for suppressing the O evolution during the delithiation process, and it can be concluded that Nb doping is beneficial in enlarging the interplanar spacing of materials to promote the diffusion of Li-ions and to improve the electrochemical properties of materials, and an appropriate Nb-doping amount is beneficial in enhancing the electrochemical performance of cathode materials (see page 2, left column, last paragraph to right column, first paragraph, page 4, right column and page 6, right column and page 8, conclusion).
Examiner notes that Whitacre, in view of Dong, does not explicitly disclose wherein niobium is included in an amount of 4,500ppm to 5,500ppm based on a total content of the positive electrode active material, Dong teaches the importance of the Nb-doping amount since it is beneficial in enhancing the electrochemical performance of cathode materials. Therefore, it is considered reasonably obvious, absent evidence to the contrary, to optimize the amount of niobium to be included in the positive electrode active material, to an optimum amount of 4,500pm to 5,500ppm, as claimed by the applicant, since this optimum value is obtainable by one of ordinary skill in the art through routine experimentation, as Dong teaches that this is a result-effective variable that may be optimized to obtain a desired end-result, such as for enhancing the electrochemical performance of cathode materials, and arrive at the claimed invention. See MPEP 2144.05.
In the alternative, Whitacre, in view of Dong, does not explicitly disclose wherein niobium is included in an amount of 4,500ppm to 5,500ppm based on a total content of the positive electrode active material.
However, Choi teaches a positive electrode active material and a lithium secondary battery including the same. The positive electrode active material comprises a coating layer containing a niobium compound positioned on a surface of a primary particles and a secondary particle, whereby it is possible to reduce the high temperature cycle-life characteristic and resistance increase rate, and obtain a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0005] and [0009]). The content of niobium (Nb) in the positive electrode active material may be in the range of 4,000ppm or less based on a total content of the positive electrode active material (see paragraph [0041]), wherein the value of 4,000ppm is so close to the claimed range of from 4,500ppm to 5,500ppm, as claimed by the applicant, that one of ordinary skill in the art would have expected them to have the same properties, absent evidence to the contrary and absent evidence to the criticality or new or unexpected results. See MPEP 2144.05.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further adding niobium on the positive electrode active material in an amount of 4,500ppm to 5,500ppm based on a total content of the positive electrode active material, as claimed by the applicant, with a reasonable expectation of success, as Choi teaches a positive electrode active material and a lithium secondary battery including the same, wherein the positive electrode active material comprises a coating layer containing a niobium compound positioned on a surface of a primary particles and a secondary particle, wherein the content of niobium (Nb) in the positive electrode active material may be in the range of 4,000ppm or less based a total content of the positive electrode material, whereby it is possible to reduce the high temperature cycle-life characteristic and resistance increase rate, and obtain a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0005], [0009] and [0041]).
In regard to Claim 11, Whitacre discloses wherein the first phase contains a lithium manganese oxide represented by Li2MnO3 (see paragraph [0040]).
In regard to Claim 12, Whitacre, in view of Dong and Choi, discloses the positive electrode active material as claimed in claim 10. Whitacre further discloses a positive electrode for a lithium secondary battery, the positive electrode comprising: a positive electrode active material layer according to claim 10 and a binder (see paragraphs [0002], [0005], [0062] and [0080]). Whitacre is silent in regard to wherein the positive electrode active material layer is formed on a positive electrode current collector and also containing a conductive material.
However, Choi further teaches the positive electrode active material for a lithium secondary battery. The lithium secondary battery includes a positive electrode comprises the positive active material, a negative electrode including a negative active material, and an electrolyte positioned between the positive electrode and the negative electrode (see paragraph [0058]). The positive electrode active material further includes a binder and a conductive material, wherein the binder serves to attach the positive electrode active material particles well to each other, and to attach the positive electrode active material to the current collector well, i.e. positive electrode current collector (see paragraphs [0060]-[0061]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further having a positive electrode for a lithium secondary battery, the positive electrode comprising a positive electrode current collector, and the positive electrode active material layer formed on the positive electrode current collector and containing the positive electrode active material, a binder and a conductive material, as claimed by the applicant, with a reasonable expectation of success, as Choi further teaches the positive electrode active material for a lithium secondary battery, wherein the lithium secondary battery includes a positive electrode comprises the positive active material, a negative electrode including a negative active material, and an electrolyte positioned between the positive electrode and the negative electrode, wherein the positive electrode active material further includes a binder and a conductive material, whereby the binder serves to attach the positive electrode active material particles well to each other, and to attach the positive electrode active material to the current collector well, i.e. positive electrode current collector, thereby obtaining a positive electrode for a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0058] and [0060]-[0061]).
In regard to Claim 13, Whitacre, in view of Dong and Choi, discloses a lithium secondary battery comprising the positive electrode according to claim 12, a negative electrode, and an electrolyte (see Choi, paragraphs [0058] and [0060]-[0061]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the positive electrode active material as disclosed by Whitacre, in view of Dong, by further a lithium secondary battery comprising the positive electrode, a negative electrode, and an electrolyte, as claimed by the applicant, with a reasonable expectation of success, as Choi further teaches the positive electrode active material for a lithium secondary battery, wherein the lithium secondary battery includes a positive electrode comprises the positive active material, a negative electrode including a negative active material, and an electrolyte positioned between the positive electrode and the negative electrode, thereby obtaining a positive electrode for a lithium secondary battery having excellent initial efficiency and initial resistance (see paragraphs [0058] and [0060]-[0061]).
In regard to Claim 14, Whitacre, in view of Dong and Choi, discloses the lithium secondary battery as claimed in claim 13. Although Whitacre, as modified above, is silent in regard to wherein a gas generation amount is about 2.9mL or less after storage for two weeks under conditions of SOC (state of charge) 100% and 60ºC, Whitacre, as modified above, discloses the same lithium secondary battery as claimed by the applicant. Therefore, it is considered reasonably obvious, absent evidence to the contrary, that Whitacre’s lithium secondary battery, as modified above, is capable of functioning in the same manner as claimed, as it has been held that when the structure recited in the reference is substantially identical to that of the claims, claimed functions are considered prima facie obvious. See MPEP 2112.01.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al. (US Pat. Pub. No. 2017/0155146)- positive electrode active material for a secondary battery is provided. The positive electrode active material is a secondary particle including primary particles of a lithium composite metal oxide that contains nickel, cobalt, and manganese, wherein the manganese content in the lithium composite metal oxide exceeds 50 at % with respect to the sum content of nickel, cobalt, and manganese, and the primary particle is doped with one or two or more dopant elements selected from the group consisting of Nb, Sn, Mo, and Ta, the dopant element content being higher in a surface region of the primary particle than in the interior of the primary particle, and the dopant element concentration being 500 to 5,000 ppm with respect to the total weight of the positive electrode active material. In addition, a lithium secondary battery which includes the positive electrode active material is provided (see abstract).
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/JELITZA M PEREZ/ Primary Examiner, Art Unit 1774
