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 .
DETAILED ACTION
This Office Action is responsive to the amendment filed on 12/4/2025. Claims 1-20 are pending. No claims have been amended. Applicant’s arguments regarding the FEC amount in claim 1 has been found persuasive. Upon further consideration, the instant claims are rejected under new grounds of rejections. Claims 1-20 are non-finally rejected for reasons below.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 12/4/2025 have been placed in the application file and the information referred to therein has been considered.
Claims Analysis
The instant Specification defines the limitation “composite” as follows:
[0087] The Si/C composite may be in a form in which silicon particles are uniformly dispersed in an atomic state within a carbon (C) matrix. Specifically, the term "composite" as used herein indicates a material in which two or more materials are combined to form physically and chemically different phases, exhibiting more effective functions. The "Si/C composite" does not indicate a state in which Si and carbon (C) are simply aggregated or mixed, but a state in which silicon particles are embedded within a carbon matrix. The carbon matrix is a porous carbon matrix.
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.
Claims 1-13, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Youm (US 2015/0194698) in view of Uhm (KR 2009-0063174), Troegel (US 2020/0194778).
Regarding claim 1, Youm discloses a lithium secondary battery comprising:
an electrode assembly comprising a positive electrode, a negative electrode, and a separator positioned between the positive electrode and the negative electrode;
an electrolyte; and
a battery case accommodating the electrode assembly and the electrolyte;
wherein the negative electrode comprises a negative electrode active material layer comprising graphite-silicon composite,
wherein the electrolyte comprises a non-fluorinated saturated cyclic carbonate and a fluorine-based compound in a weight ratio of 40:1 to 40:20 [0093].
wherein the fluorine-based compound is present in an amount of 1 wt% to 5 wt% with respect to a total weight of the electrolyte [0093].
Regarding claim 1, wherein the positive electrode comprises a positive electrode active material layer comprising a lithium transition metal oxide represented by Formula 1 as a positive electrode active material;
[Formula 1]
Li1+x1 [N1y1Coz1Mnw1M1v1] O2
wherein, in Formula 1,
M1 is at least one doping element selected from the group consisting of Al, W, Cu, Fe, V, Cr, Ti, Zr, Zn, In, Ta, Y, In, La, Sr, Ga, Sc, Gd, Sm, Ca, Ce, Nb, Mg, B, and Mo, and 0<x1<0.2, 0.50<y1<1, 0<z1<0.35, 0<w1<0.4, and 0<v1<0.1, Youm discloses Lia(NibCocMndGe)O2, 0.90<a<1.8, 0.1<b<0.9, 0.1<c<0.5, 0.1<d<0.5, 0.001<e<0.1 [0067]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. 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. The ranges in Formula 1 are would have been obvious, unless the ranges are critical.
Regarding claim 6, the non-fluorinated saturated cyclic carbonate is present in an amount of 10 wt% to 40 wt% with respect to a total weight of the electrolyte [0093].
Regarding claim 7, the non-fluorinated saturated cyclic carbonate comprises at least one of ethylene carbonate (EC), propylene carbonate (PC), 1,2-butylene carbonate, 2,3-butylene carbonate, 1,2-pentylene carbonate, or 2,3-pentylene carbonate [0093].
Regarding claim 8, the non-fluorinated saturated cyclic carbonate comprises ethylene carbonate [0093].
Regarding claim 9, the fluorine-based compound is fluoroethylene carbonate (FEC) [0093].
Regarding claim 10, the electrolyte comprises a lithium salt, and the lithium salt is present at a concentration of 0.5 M to 2.0 M in the electrolyte [0093].
Regarding claim 11, the lithium salt comprises LiPF6, LiClO4, LiAsF4, LiBF4, LiSbF6, LiAlO4, LiAlCl4, LiCF3SO3, LiC4F3SO3, LiN(C2F5SO3) 2, LiN(C2F5SO2)2, LiN(C2F3O2)2, LiCl, Lil, or LiB(C2O4)2 [0093].
Regarding claim 12, the lithium salt comprises LiPF6 [0093].
Regarding claim 13, the electrolyte further comprises a non-fluorinated linear carbonate-based solvent in an amount of 40 wt% to 80 wt% based on a total weight of the electrolyte [0093].
Regarding claim 15, the battery case is a pouch type battery case, it would have been obvious to one of ordinary skilled in the art at the time the invention was made to for the battery of Youm in a pouch type battery case depending on the size of the battery housing requirements for the intended application.
Regarding claim 16, an electric vehicle comprising a battery module comprising the lithium secondary battery of claim 1, it would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the battery of Youm in an electric vehicle for the benefit of providing electrical power to an electric vehicle.
Regarding claim 17, Youm discloses a lithium secondary battery comprising:
an electrode assembly comprising a positive electrode, a negative electrode, and a separator placed between the positive electrode and the negative electrode;
an electrolyte; and
a battery case accommodating the electrode assembly
and the electrolyte;
wherein the negative electrode,
the negative electrode comprises a negative electrode active material layer and a solid electrolyte interphase (SEI) layer on the negative electrode active material layer [0021].
Regarding claim 18, Youm discloses wherein the electrolyte comprises a non-fluorinated saturated cyclic carbonate and a fluorine-based compound in a weight ratio of 40:1 to 40:20 [0093].
Regarding claim 19, Youm discloses wherein the fluorine-based compound is present in an amount of 1 wt% to 5 wt% with respect to a total weight of the electrolyte [0093].
Regarding claim 20, electric vehicle comprising a battery module comprising the lithium secondary battery of claim 16, it would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the battery of Youm in an electric vehicle for the benefit of providing electrical power to an electric vehicle.
Regarding claims 1, 17, Youm discloses a negative electrode active material comprising a graphite-silicon composite active material with a carbon coating [0034], but does not disclose wherein the negative electrode comprises a negative electrode active material layer comprising graphite and a Si/C composite,
wherein the graphite and the Si/C composite are present in a weight ratio of 93.1:6.9 to 99.9:0.1 in the negative electrode active material layer.
Regarding claim 1, Uhm teaches wherein the negative electrode comprises a negative electrode active material layer comprising graphite and a Si/C composite (page 6 of translation); wherein the graphite and the Si/C composite are present in a weight ratio of 93.1:6.9 to 99.9:0.1 in the negative electrode active material layer (page 6, and Example 5A on page 9 of translation),
Regarding claim 2, the Si/C composite is present in an amount of 1 wt% to 15 wt% with respect to a total weight of the negative electrode active material layer (page 6 of translation).
Regarding claim 3, the Si/C composite contains silicon (Si) and carbon (C) in a weight ratio of 1:10 to 23:10 (page 5 of translation).
Regarding claim 5, the graphite and the Si/C composite are present in a weight ratio of 94:6 to 99:1 in the negative electrode active material layer (page 6, and Example 5A on page 9 of translation).
Regarding claim 17, wherein the negative electrode comprises a negative electrode active material layer containing graphite and a Si/C composite, the graphite and the Si/C composite are present in a weight ratio of 93.1:6.9 to 99.9:0.1 in the negative electrode active material layer (page 6, and Example 5A on page 9 of translation).
Uhm teaches a negative electrode active material comprising a Si/C composite. When Si forms a bond with C, the silicon particles may not be easily separated from graphite particles when lithium is inserted or deintercalated (1st paragraph, page 5 of translation). When the Si/C composite particles are mixed with a second carbonaceous material, even if the Si/C composite particles deteriorate as the battery is charged and discharged, the life of the negative electrode can be maintained at a certain rate due to the second carbonaceous material, so that the capacity of the secondary battery can be increased (2nd paragraph, page 6 of translation).
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the carbon and Si/C composite of Uhm in the negative electrode of Youm for the benefit of having a negative electrode with good capacity and service life.
Regarding claims 1, 17, Youm modified by Uhm discloses wherein the negative electrode comprises a negative electrode active material layer comprising graphite and a Si/C composite, but does not disclose that the Si/C composite comprises silicon particles that are embedded within a carbon matrix, and that the carbon matrix is a porous carbon matrix, as defined in the Specification. Regarding claim 4, Uhm discloses a Si/C composite, but does not disclose that the Si/C composite comprises silicon particles embedded within a carbon matrix. Troeger teaches Si/C composite particles in which silicon particles are embedded in porous carbon matrix. The Si/C composite particles produced in accordance with the invention have an advantageous, well-defined structural design, which on corresponding use of the Si/C composite particles in lithium-ion batteries, produces advantageous performance properties. The silicon particles are embedded in pores in the carbon matrix, and the size of the pores can be influenced. The pores have the capacity to buffer the expansion in volume of the silicon during the charging of a lithium-ion battery and so to reduce electrochemical milling. Furthermore, by virtue of the inventive design of the Si/C composite particles, the silicon particles can be protected against liquid media, and the formation of SEI, as a result of electrolytes, acids or alkalis, for example, in corresponding lithium-ion batteries can be reduced. Accordingly, during the operation of the lithium-ion batteries, it is possible to prevent or reduce the delamination of the SEI layer, thereby further reducing the SEI problem [0107].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to use the Si/C composite particles of Troegel as the Si/C composite particles of Youm modified by Uhm for the benefit of protecting the Si/C composite particles against electrolyte to reduce the formation of SEI.
Regarding claim 17, the SEI layer contains Li2CO3 and LiF in a weight ratio of 1:1 to 3:1, it is noted that the negative electrode of Youm as modified by Uhm and Troegel would contain the SEI layer as claimed in claim 17 because Youm as modified by Uhm and Troegel meets the structural limitations of claim 17.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Youm (US 2015/0194698) in view of Uhm (KR 2009-0063174), and Troegel (US 2020/0194778), as applied to claim 1, further in view of Toma (US 2018/0190978).
Regarding claim 14, Youm modified by Uhm does not disclose the lithium transition metal oxide has an average particle size (D50) of 2 um to 10 um. Toma teaches the positive electrode active material of the present invention is adjusted so that the average particle size is within the range 1 μm to 15 μm, and preferably within the range 3 μm to 12 μm, and more preferably within the range 3 μm to 10 μm. When the average particle size of the positive electrode active material is within this kind of range, not only is it possible to increase the battery capacity per unit volume of a secondary battery that uses this positive electrode active material, it is also possible to improve the safe performance and output characteristic. However, when the average particle size is less than 1 μm, the filling property of the positive electrode active material decreases, and it is not possible to increase the battery capacity per unit volume. On the other hand, when the average particle size is greater than 15 μm, the reaction surface area of the positive electrode active material decreases, and the interface with the electrolyte decreases, so it becomes difficult to improve the output characteristics [0151].
It would have been obvious to one of ordinary skilled in the art at the time the invention was made to form the positive active material particle size of Youm modified by Uhm in the range of Toma, as taught by Toma, for the benefit of achieving good capacity.
Response to Arguments
Arguments filed 12/4/2025 are moot in view of the new grounds of rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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