LG Chem, Ltd.

Patent Trials and Appeals Board

Jun 16, 2020

14326590 - (D) (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