Prosecution Insights
Last updated: April 19, 2026
Application No. 16/964,240

NONAQUEOUS ELECTROLYTE SOLUTION FOR BATTERIES, AND LITHIUM SECONDARY BATTERY

Final Rejection §103
Filed
Jul 23, 2020
Examiner
WALLS, CYNTHIA KYUNG SOO
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Mitsui Chemicals Inc.
OA Round
6 (Final)
72%
Grant Probability
Favorable
7-8
OA Rounds
3y 3m
To Grant
72%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
649 granted / 904 resolved
+6.8% vs TC avg
Minimal -0% lift
Without
With
+-0.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
55 currently pending
Career history
959
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 904 resolved cases

Office Action

§103
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 . Response to Amendment This Office Action is responsive to the amendment filed on 1/12/2026. Claims 1-10, 20, 21 are withdrawn from further consideration as being drawn to a non-elected invention, in accordance with 37 CFR 1.142(b). Claims 11 and 14 have been amended. Applicant’s arguments have been considered. Claims 11-14, 17-19, 22, 23 are finally rejected for reasons below. The rejection heading below is corrected to include the reference Chiga (US 2007/0148540), which was applied in the previous rejection. 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 11-14, 17-19, 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Bomkamp (US 2016/0118690) in view of Chiga (US 2007/0148540) as applied to claim 1, in view of Kim (US 2016/0329601). Regarding claim 11, a nonaqueous electrolytic solution for a battery, for use in a battery including an aluminum-containing positive electrode current collector [0008; 0078], the nonaqueous electrolytic solution comprising: an electrolyte that includes a compound represented by the following Formula (1); and a nonaqueous solvent including at least one fluorine-containing compound selected from the group consisting of a fluorine-containing carbonate compound and a fluorine-containing ether compound [0013], a concentration of the compound represented by Formula (1) being from 0.1 mol/L to 2.0 mol/L [0032]: wherein, in Formula (1), each of R1 and R2 independently represents a fluorine atom, a trifluoromethyl group, or a pentafluoroethyl group [0017], the nonaqueous solvent further includes a fluorine-free cyclic carbonate in an amount of from 10% by mass to lower than 80% by mass with respect to the nonaqueous solvent and a fluorine-free chain carbonate in an amount of from 10% by mass to lower than 80% by mass with respect to the nonaqueous solvent [0047]. For example, Bomkamp discloses a mixture of ethylene carbonate and dimethyl carbonate in a ratio of 1:1, and a fluoro diethyl carbonate in an amount of 25 wt% [0047]. This equals 37.5 wt% a fluorine-free cyclic carbonate and 37.5 wt% a fluorine-free chain carbonate. Regarding claim 11, the fluorine-free chain carbonate is selected from the group consisting of methyl ethyl carbonate, diethyl carbonate, methyl propyl carbonate, methyl isopropyl carbonate, ethyl propyl carbonate, dipropyl carbonate, methyl butyl carbonate, ethyl butyl carbonate, dibutyl carbonate, methyl pentyl carbonate, ethyl pentyl carbonate, dipentyl carbonate, methyl heptyl carbonate, ethyl heptyl carbonate, diheptyl carbonate, methyl hexyl carbonate, ethyl hexyl carbonate, dihexyl carbonate, methyl octyl carbonate, ethyl octyl carbonate, dioctyl carbonate, and methyl trifluoroethyl carbonate, Bomkamp discloses the electrolyte solution comprises a non-fluorinated organic carbonate selected from the groups consisting of ethylene carbonate, ethyl methyl carbonate, propylene carbonate, dimethyl carbonate, diethyl carbonate, and mixtures thereof, and gives an example of a mixture of ethylene carbonate and dimethyl carbonate in a ratio of 1:1 [0047]. Given a list of five carbonates, the Examiner notes that the small list of carbonate species would allow an ordinary skilled artisan to once envisage ratio of 1:1 of a mixture of ethylene carbonate and dimethyl carbonate, or propylene carbonate and dimethyl carbonate. Regarding claim 12, in Formula (1), each of R' and R2 independently represents a fluorine atom or a trifluoromethyl group [0021]. Regarding claim 14, the fluorine-containing compound includes at least one selected from the group consisting of a compound represented by the following Formula (F1) [0053]. Regarding claim 11, Bomkamp discloses an electrolyte that includes a compound represented by the following Formula (1); and a concentration of the compound represented by Formula (1) being from 0.1 mol/L to 2.0 mol/L [0032], but does not disclose the electrolyte includes LiPF6, and a ratio of a number of moles of the compound represented by Formula (1) with respect to a total of the number of moles of the compound represented by Formula (1) and a number of moles of LiPF6 is from more than 0.1 to 0.9, and regarding claim 13, Bomkamp does not disclose the ratio of the number of moles of the compound represented by Formula (1) with respect to a total of the number of moles of the compound represented by Formula (1) and a number of moles of LiPF6 is from more than 0.15 to 0.8. Bomkamp discloses it is an objective of the present invention to provide a means usable for the suppression or prevention of aluminum current collector corrosion resulting from the use of an alkali or an alkaline earth metal sulfonimide or sulfonmethide salt such as LiTMSI as electrolyte salt in a lithium ion battery [0008]. Chiga teaches a lithium secondary battery having an electrolyte mixture of LiPF6 and lithium bis(fluorosulfonyl)imide (LiFSI) [0011]. In the case where an aluminum current collector is used as the positive current collector, the A electrolyte salt if contained acts to form a protective film on the aluminum current collector and prevent dissolution of aluminum. The inclusion of the B electrolyte salt increases an electrical conductivity of the electrolyte [0013]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to add LiPF6 to the electrolyte of Bomkamp, as taught by Chiga, for the benefit of preventing corrosion on the aluminum positive electrode current collector. Regarding claim 11, Bomkamp discloses the fluorine-containing compound includes a compound represented by Formula (F2) [0022], but does not disclose a compound represented by Formula (F3). Kim teaches a lithium-ion battery comprising a non-aqueous electrolyte comprising lithium bis(fluorosulfonyl)imide (LiFSI) and a fluorinated ether compound as electrolyte additives [0009]. The lithium bis(fluorosulfonyl)imide is added in the non-aqueous liquid electrolyte as a lithium salt to form a rigid and thin SEI layer on a negative electrode and to improve output properties at a low temperature. Further, the decomposition of the surface of a positive electrode, which may be possibly generated during performing cycle operation at a high temperature, may be restrained, and the oxidation reaction of the electrolyte may be prevented. In addition, since the SEI coated layer formed on the negative electrode has a thin thickness, the movement of lithium ions at the negative electrode may be performed smoothly, and the output of a secondary battery may be improved [0016]. In a lithium secondary battery, oxygen released from a positive electrode in high temperature environment may promote the exothermic decomposition reaction of an electrolyte solvent and induce the expansion of a battery, so called, swelling phenomenon, to rapidly deteriorate the lifespan and the efficiency of charging and discharging of the battery. In some cases, the battery may be exploded and the stability thereof may be largely deteriorated. Since a fluorine substituent in the fluorinated ether compound added in the electrolyte is a flame retardant component, the generation of a gas due to the decomposition of the electrolyte at a high temperature through the reaction of the electrolyte with the surface of the negative electrode and the positive electrode in the battery may be restrained. In addition, the resistance in a voltage range of the secondary battery may be decreased by using an ether compound that has low viscosity and may increase ionic conductivity. Thus, the lifespan properties of the secondary battery may be improved [0029]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to add lithium bis(fluorosulfonyl)imide (LiFSI) or a fluorinated ether compound, or both, to the battery of Bomkap modified by Chiga, as taught by Kim, for the benefit of obtaining good low temperature and high temperature properties. Regarding claim 17, a proportion of the fluorine-containing compound to the nonaqueous solvent is 40% by mass or lower [0031], regarding claim 18, the proportion of the fluorine-containing compound to the nonaqueous solvent is 10% by mass or higher [0031], regarding claim 19, the proportion of the fluorine-containing compound to the nonaqueous solvent is higher than 20% by mass [0031], Bomkap discloses an amount of 25 wt% or 30 wt% of linear carbonate (ethyl (1-fluoroethyl) carbonate [0032]. Kim teaches the amount of the fluorinated ether compound of 5 wt% [0040]. The amount of the fluorine-containing compound of Bomkamp and Kim is 30 wt% or 35 wt%. Bomkamp modified by Chiga and Kim teaches: Regarding claim 22, a lithium secondary battery, comprising: a positive electrode that includes an aluminum-containing positive electrode current collector [0078], a negative electrode that includes, as a negative electrode active material, at least one selected from the group consisting of metallic lithium, a lithium-containing alloy, a metal or alloy capable of being alloyed with lithium, an oxide capable of doping and dedoping of lithium ions, a transition metal nitride capable of doping and dedoping of lithium ions, and a carbon material capable of doping and dedoping of lithium ions [0081]; and the nonaqueous electrolytic solution for a battery according to claim 11. Regarding claim 23, a lithium secondary battery obtained by charging and discharging the lithium secondary battery according to claim 22, it is noted that the battery of Bomkamp is capable of being charged and discharged, and hence meets the limitation of claim 23. It has been held by the courts that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (BdPatApp & Inter 1987). See MPEP 2115. Response to Arguments Arguments filed 1/12/2026 are moot in view of the new grounds of rejections. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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Prosecution Timeline

Jul 23, 2020
Application Filed
Jul 20, 2023
Non-Final Rejection — §103
Nov 07, 2023
Response Filed
Dec 18, 2023
Final Rejection — §103
Feb 28, 2024
Request for Continued Examination
Mar 01, 2024
Response after Non-Final Action
Jun 13, 2024
Non-Final Rejection — §103
Sep 17, 2024
Response Filed
Nov 04, 2024
Final Rejection — §103
Dec 11, 2024
Response after Non-Final Action
Feb 03, 2025
Request for Continued Examination
Feb 04, 2025
Response after Non-Final Action
Jul 10, 2025
Non-Final Rejection — §103
Jan 12, 2026
Response Filed
Feb 05, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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COMPOSITE ANODE ACTIVE MATERIAL AND ANODE AND LITHIUM SECONDARY BATTERY INCLUDING THE SAME
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Patent 12548854
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2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
72%
Grant Probability
72%
With Interview (-0.3%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 904 resolved cases by this examiner. Grant probability derived from career allow rate.

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