Sun Jung. Hwang et al.Download PDFPatent Trials and Appeals BoardNov 7, 201913738428 - (D) (P.T.A.B. Nov. 7, 2019) Copy Citation 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. 13/738,428 01/10/2013 Sun Jung Hwang LGCHEM 3.9-282 CON 5169 86765 7590 11/07/2019 LGCHEM Lerner, David, Littenberg, Krumholz & Mentlik, LLP 20 Commerce Drive Cranford, NJ 07016 EXAMINER LEONG, JONATHAN G ART UNIT PAPER NUMBER 1725 NOTIFICATION DATE DELIVERY MODE 11/07/2019 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 SUN JUNG HWANG, SIN KYU KIM, YONG TAE LEE, HYUN KUK NOH, GEUN CHANG CHUNG, and KEUN WAN AN ____________ Appeal 2018-004562 Application 13/738,428 Technology Center 1700 ____________ Before CATHERINE Q. TIMM, BEVERLY A. FRANKLIN, and DONNA M. PRAISS, Administrative Patent Judges. PRAISS, Administrative Patent Judge. DECISION ON APPEAL Appellant1 appeals under 35 U.S.C. § 134(a) from the Examiner’s decision2 finally rejecting claims 1, 3, 7, 8, and 11–21. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 Appellant is the Applicant, LG CHEM, LTD., which, according to the Appeal Brief, is a real party in interest. Appeal Brief, filed December 18, 2017 (“Appeal Br.”) 2. 2 Final Office Action, mailed July 18, 2017 (“Final Act.”). Appeal 2018-004562 Application 13/738,428 2 STATEMENT OF THE CASE Background The subject matter on appeal relates to “a composite electrode for a lithium secondary battery, in which a difference in particle sizes between two or more active materials is minimized to uniformly distribute a conductive agent in a composite electrode composed of two or more active materials.” Specification, filed January 10, 2013 (“Spec.”) 4:22–25. According to the Specification, electrical conductivity is significantly improved without adding an excessive amount of conductive agent to the composite electrode. Id. at 4:25–5:2. The Specification describes particles of an active material (“primary particles”) being coagulated and secondarily granulated (“secondary particles”). Id. at 5:6–11. In an embodiment, the secondary particles of the small particle active material are said to be prepared by coagulating the primary particles and a conductive agent. Id. at 5:22–24. Of the appealed claims, claim 1 is independent. Claim 1 is representative of the subject matter on appeal, and reproduced below: 1. A composite electrode comprising: a current collector; and a single layer disposed on the current collector, wherein the single layer comprises a mixture of secondary particles of a first active material and particles of a second active material, wherein the secondary particles comprise primary particles of the first active material and a conductive agent, wherein the primary particles have a particle size ranging from about 5 nm to about 200 nm, wherein the conductive agent is present on the surface of and inside of the secondary particles, and wherein the conductive agent is included in an amount range of 0.5 wt% to 5 wt% based on a total weight of the secondary particles, Appeal 2018-004562 Application 13/738,428 3 wherein the particles of the second active material consist essentially of primary particles of the second active material having a particle size ranging from about 5 μm to about 20 μm, wherein the secondary particles of the first active material have a particle size uniform with the particles of the second active material, wherein the secondary particles are present in an amount ranging from about 30 wt% to about 80 wt% of a total amount of the first active material in the composite electrode, wherein the first active material is LiFePO4, and wherein the second active material is ternary lithium-containing metal oxide expressed as Chemical Formula 2: [Chemical Formula 2] LiNixMnyCo1-x-yO2, 0Copy with citationCopy as parenthetical citation