Sun Jung. Hwang et al.

Patent Trials and Appeals Board

Nov 7, 2019

13738428 - (D) (P.T.A.B. Nov. 7, 2019)

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, 0