LG Chem, Ltd.

Patent Trials and Appeals BoardJun 16, 2020

2020000009 (P.T.A.B. Jun. 16, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/326,590 07/09/2014 Song Taek Oh LGCHEM 3.11-496 CON (E) 2980 86765 7590 06/16/2020 LGCHEM Lerner, David, Littenberg, Krumholz & Mentlik, LLP 20 Commerce Drive Cranford, NJ 07016 EXAMINER KOROVINA, ANNA ART UNIT PAPER NUMBER 1729 NOTIFICATION DATE DELIVERY MODE 06/16/2020 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): eOfficeAction@lernerdavid.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte SONG TAEK OH, SANG UCK LEE, and IL HONG KIM Appeal 2020-000009 Application 14/326,590 Technology Center 1700 ____________ Before DONNA M. PRAISS, CHRISTOPHER L. OGDEN, and JANE E. INGLESE, Administrative Patent Judges. PRAISS, Administrative Patent Judge. DECISION ON APPEAL1 Pursuant to 35 U.S.C. § 134(a), Appellant2 appeals from the Examiner’s decision to reject claims 1, 7, 9–12, 15–18, 21, and 23. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 In this Decision, we refer to the Specification filed July 9, 2014 (“Spec.”), the Non-Final Office Action dated Dec. 21, 2018 (“Non-Final Act.”), the Appeal Brief filed May 20, 2019 (“Appeal Br.”), the Examiner’s Answer dated July 30, 2019 (“Ans.”), and the Reply Brief filed Sept. 30, 2019 (“Reply Br.”). 2 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies LG CHEM LTD. as the real party in interest. Appeal Br. 2. Appeal 2020-000009 Application 14/326,590 2 STATEMENT OF THE CASE The subject matter on appeal relates to a mixed cathode active material having improved power characteristics and a lithium secondary battery including the same. Spec. ¶ 1. The mixed cathode active material is described as using LiFePO4 (LFP) having a portion of iron (Fe) substituted with other elements, such as manganese (Mn), to prevent a rapid voltage drop in the transient region when layered-structure lithium transition metal oxide and olivine-structure lithium oxide (e.g. LFP) are blended. Id. Claim 1 is illustrative and reproduced from the Claims Appendix to the Appeal Brief. 1. A lithium secondary battery, comprising: a cathode having a mixed cathode active material, wherein the mixed cathode active material consists of: a first cathode active material as layered-structure ternary lithium-containing metal oxide represented by Chemical Formula 1, [Chemical Formula l] Li1 +aNixMnyCozO2 wherein in Chemical Formula 1, a=0; 0.5≤ x ≤0.6; 0.2≤ y ≤0.3; 0.1≤ z ≤0.3; and x+y+z=l; and a second cathode active material as olivine-structured lithium phosphate represented by Chemical Formula 2, [Chemical Formula 2] LiFe 1-x-y MxM' yXO4 wherein in Chemical Formula 2, M is Mn; Appeal 2020-000009 Application 14/326,590 3 M' is one or more elements selected from the group consisting of Cu, and Zn; X is phosphorus (P); 0.l