DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07 November 2024 has been entered.
Status of Claims
Claims 1, 3-18, 21-27 and 35 are pending and examined below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-12, 14-15, 18 and 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa US5972539A (cited in office action mailed 04 October 2022) in view of Wang CN111253523A (using machine English translation provided; cited in office action mailed 08 February 2023) and further in view of Bauer US6730440B1.
Regarding claim 1, Hasegawa teaches a rechargeable lithium battery (Hasegawa, Cols. 1-14, Fig. 1, compounds I-XIV, formulas 1-4) comprising
an anode (Hasegawa, Fig. 1, negative electrode 1),
a cathode (Hasegawa, Fig. 1, positive electrode 3),
and a solid-state electrolyte in ionic communication with the anode and the cathode (Hasegawa, col. 1 line 40 – col. 2 line 49, Fig. 1, solid electrolyte layer 5), the examiner notes that examples 6-8 of Hasegawa teach the optional limitation of a quasi-solid electrolyte,
wherein the electrolyte comprises a polyvinyl phosphonate polymer comprising chains derived from a phosphonate vinyl monomer (Hasegawa, col. 3 line 34 – col. 4 line 59, col. 9 lines 1-10, formula 2)
and a lithium salt dispersed or dissolved in the polymer (Hasegawa, col. 1 lines 40-45, col. 3, lines 34-39, col. 8 lines 57-59),
wherein the lithium salt occupies a weight fraction from 2 to 20 wt% based on the polymer (Hasegawa, col. 9 lines 25-34) which has a molecular weight in the range of 200 to 50,000 (Hasegawa, col. 7 lines 47-49), giving a weight fraction from 2% to 17% based on the total weight of the lithium salt and the polymer, which falls within the claimed range of 0.1% to 50% based on the total weight of the lithium salt and the polyvinyl phosphonate combined.
Hasegawa further discloses wherein the phosphonate vinyl monomer is selected from phosphonate bearing (meth)acrylic monomers (Hasegawa, col. 3 line 34 – col. 4 line 59, col. 9 lines 1-24, formula 2, compounds VIII-XIV), but does not explicitly teach wherein the phosphonate vinyl monomer is selected from the group consisting of phosphonate bearing allyl monomers, phosphonate bearing vinyl monomers, phosphonate bearing styrenic monomers, vinylphosphonic acids, and combinations thereof.
Wang is directed toward a non-flammable gel polymer electrolyte for lithium ion batteries (see general description), and is thus in the same field of endeavor as Hasegawa. The gel polymer electrolyte comprises a vinyl phosphorous-containing compound, which can be a vinyl phosphine/phosphate, or acryloxy phosphonate, which is similar to the phosphorous-containing compound, in addition to a vinyl cross-linking compound, which are similar to the cross-linking compound of Hasegawa, and thus the gel polymer electrolytes disclosed by Wang are structurally similar to the gel polymer electrolytes disclosed by Hasegawa.
Therefore it would be obvious to one of ordinary skill in the art to replace the phosphorous-containing compounds of Hasegawa with any of the phosphonate-bearing vinyl monomer disclosed by Wang, as this would have been the simple substitution of one known element for another, with reasonable expectation of success that the resulting gel polymer electrolyte would be non-flammable as it is a similar compound used in a similar environment. See MPEP §2143.
Hasegawa as modified above does not explicitly teach wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 μm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer and wherein said particles of inorganic solid electrolyte material are selected from a hydride type, halide type, borate type, or a combination thereof.
In an electrochemical cell such as a rechargeable lithium battery Bauer teaches the electrochemical cell comprising an anode and a cathode (Bauer, col. 2 lines 46-52) and a quasi-solid or solid-state electrolyte in ionic communication with the anode and the cathode (Bauer, col. 1 lines 47-51), wherein the electrolyte comprises polymer chains derived from phosphate and phosphonate monomers (Bauer, col. 15 lines 37-38), and a lithium salt dissolved or dispersed in the polymer (Bauer, col. 16 lines 50-53 and col. 16 line 61 – col 17 line 3), wherein the lithium salt occupies a weight fraction from 0.1 to 50% of the material forming the layer (Bauer, col. 17, lines 4-7), significantly overlapping with claimed range of 0.1% to 50% based on the total weight of the lithium salt and the polyvinyl phosphonate combined.
Bauer further teaches wherein the polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from (Bauer, col. 2 lines 22-24) which significantly overlaps with the claimed from 2 nm to 30 µm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer (Bauer, col. 2 lines 20-26), wherein said particles of inorganic electrolyte material are preferably selected from a borate (Bauer, col. 4 line 17) in order to conduct Li ions but not electrons (Bauer, col. 3 lines 48, col. 4 lines 14-16) in order to prevent a short-circuit (Bauer, col. 1 lines 48-51).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte material of modified Hasegawa with the teaching of Bauer wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 µm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer, wherein said particles of inorganic electrolyte material are preferably selected from a borate type in order to conduction Li-ions and not electrons, preventing a short circuit.
Regarding claim 3, modified Hasegawa teaches all of the limitation of claim 1 as set forth above, wherein the phosphonate bearing vinyl monomer is a dialkyl vinyl phosphonate monomer or a dialkyl vinyl ether phosphonate monomer (from Wang, [0015]),.
Regarding claim 4, Hasegawa additionally discloses wherein the lithium salt is selected from lithium perchlorate (LiClO4), lithium hexafluorophosphate (LiPF6), lithium borofluoride (LiBF4), lithium hexafluoroarsenide (LiAsF6), lithium trifluoro-methanesulfonate (LiCF3SO3), bis-trifluoromethyl sulfonylimide lithium (LiN(CF3SO2)2), an ionic liquid lithium salt, or a combination thereof (Hasegawa col. 9 lines 25-34).
Regarding claims 5 and 6, Hasegawa additionally discloses wherein the electrolyte further comprises from 0.1% to 50% by weight of a non-aqueous liquid solvent dispersed in the polymer, based on the total weight of the lithium salt, the polymer, and the non-aqueous liquid solvent combined (Hasegawa, col. 9 lines 53-63) and wherein the liquid solvent is selected. from a 1,3-dioxolane (DOL), sulfolane, ethylene carbonate (EC), dimethyl carbonate (DMC), methylethyl carbonate (MEC), diethyl carbonate (DEC), propylene carbonate (PC), gamma.-butyrolactone (γ-BL), an ionic liquid solvent, or a combination thereof (Hasegawa, col. 9 lines 53-60)
Regarding claims 7 and 8, specific compounds of the Markush group recited in claim 6 do not further limit the group to compounds selected from a sulfone or sulfide and further limited to compounds selected from a vinyl sulfone or sulfide, as recited in claims 7 and 8, respectively. Claim 6 still allows for compounds as recited above and as taught by Hasegawa (see claim 6 above). The limitations of claim 7 (sulfone or sulfide) and claim 8 (vinyl sulfone or sulfide) are still met as sulfone or sulfide and vinyl sulfone or sulfide are not required.
Regarding claims 9-12, similar remarks to claims 7 and 8 apply to the limitations of claim 9 (nitrile), claim 10 (phosphate), claim 11 (phosphate, phosphonate, phosphonic acid, phosphazene, or phosphite) and claim 12 (siloxane or silane) as claim 6 still allows for compounds as recited above and as taught by Hasegawa (see claim 6 above) and the limitations of claims 9-12 are met as nitrile, phosphate, phosphonate, phosphonic acid, phosphazene, phosphite, siloxane, or silane are not required.
Regarding claims 14 and 15, Hasegawa discloses wherein the phosphonate vinyl monomer is crosslinked by a crosslinking agent that comprises a compound having at least one reactive group selected from an acrylic group in a molecule (Hasegawa, compounds X and XI) and wherein the phosphonate vinyl monomer is crosslinked by a crosslinking agent selected from poly(ethylene glycol) diacrylate (Hasegawa, compounds X and XI).
Regarding claim 18, Hasegawa additionally teaches wherein said polymer forms a mixture, copolymer, semi-interpenetrating network, or simultaneous interpenetrating network with a second polymer selected from poly(acrylonitrile) or poly(methyl methacrylate) (Hasegawa, col.10 lines 4-8).
Regarding claim 21, Hasegawa also discloses the lithium battery which is a lithium-ion cell (Hasegawa, col. 10 lines 26-35, Fig. 1).
Regarding claim 22, modified Hasegawa teaches wherein the cathode comprises a cathode active material comprising metal oxides such as nickel oxide, cobalt oxide, titanium oxide and the like, and metal sulfides such as molybdenum sulfide, iron sulfide and the like (Hasegawa, col.10 lines 38-42) and further teaches the cathode active material selected from lithium nickel cobalt aluminum oxide (LiNicCodAl1-c-dO2, 0<c<1, 0<d<1, c+d<1), lithium manganate (LiMn2O4), lithium manganese oxide (LiMnO2), lithium cobalt oxide (LiCoO2), and lithium nickel cobalt oxide (LiNipCo1-pO2, 0<p<1) (Bauer, col. 12 lines 19-36).
Regarding claim 23, Hasegawa also teach the lithium battery which is a lithium-ion cell wherein the anode comprises an anode active material consisting of carbon (Hasegawa, col. 11 lines 5-8).
Regarding claim 24, Hasegawa discloses further comprising a separator disposed between the anode and the cathode wherein the separator comprises the quasi-solid or solid-state electrolyte (Hasegawa, col. 13, lines 1-12).
Regarding claim 25, modified Hasegawa teaches all of the limitations as set forth above and Hasegawa also teaches wherein the electrolyte comprises a polyvinyl phosphonate polymer comprising chains derived from a phosphonate vinyl monomer (Hasegawa, col. 3 line 34 – col. 4 line 59, col. 9 lines 1-10, formula 2) and the lithium salt dissolved or dispersed in the polyvinyl phosphonate polymer (Hasegawa, col. 1 lines 40-45, col. 3, lines 34-39, col. 8 lines 57-59).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa US5972539A (cited in office action mailed 04 October 2022) in view of Wang CN111253523A (using machine English translation provided; cited in office action mailed 08 February 2023) and Bauer US6730440B1, as applied to claim 1 above, and further in view of Macarie, Lavinia, and Gheorghe Ilia. "Poly (vinylphosphonic acid) and its derivatives." Progress in Polymer Science 35.8 (2010): 1078-1092 (hereafter referred to as Macarie-2010; cited in office action mailed 08 February 2023).
Regarding claim 13, modified Hasegawa discloses all of the limitations of claim 1 as set forth above and further teaches wherein the polymer electrolyte is crosslinked in a solvent (Hasegawa, col. 9 lines 39-43) and the solvent comprises propylene carbonate, ethylene, carbonate, dimethyl carbonate and diethyl carbonate (Hasegawa, col. 9 lines 53-60), but does not explicitly teach wherein the polyvinyl phosphonate forms a crosslinked network with N,N-dimethylacetamide, N,N-diethylacetamide, N,N-dimethylformamide, N,N-diethylformamide, or a combination thereof.
Macarie-2010 is directed toward polymers (Macarie-2010, sections 1-) comprising a polyvinyl phosphonate polymer comprising chains derived from a phosphonate vinyl monomer (Macarie-2010, sections 2-3) and wherein the phosphonate vinyl monomer is selected from the group consisting of phosphonate bearing vinyl monomers and vinyl phosphonic acids (Macarie-2010, sections 2-4, scheme 1). Macarie-2010 additionally discloses wherein the polyvinyl phosphonate forms a crosslinked network with N,N-dimethylformamide (Macarie-2010, section 3.1) and that when the solvent comprises N,N-dimethylacetamide the polyvinyl phosphonate forms a crosslinked network with N,N-dimethylacetamide reducing the cost of production (Macarie-2010, section 4.3).
Therefore it would be obvious to one of ordinary skill in the art to further modify the rechargeable lithium battery of modified Hasegawa with the teaching of Macarie-2010 wherein the polyvinyl phosphonate forms a crosslinked network with N,N- dimethylacetamide thereby reducing production costs.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa US5972539A (cited in office action mailed 04 October 2022) in view of Wang CN111253523A (using machine English translation provided; cited in office action mailed 08 February 2023) and Bauer US6730440B1, as applied to claim 1 above, and further in view of Hu CN111916661A (using machine English translation provided; cited in office action mailed 04 October 2022).
Regarding claim 16, modified Hasegawa also teaches the flame-retardant electrolyte comprising phosphorous bearing compounds as discussed above in claim 1, but not explicitly teach wherein said electrolyte further comprises a flame-retardant additive selected from a halogenated flame retardant, phosphorus-based flame retardant, melamine flame retardant, metal hydroxide flame retardant, silicon-based flame retardant, phosphate flame retardant, biomolecular flame retardant, or a combination thereof.
Hu discloses a rechargeable lithium battery comprising an anode, a cathode, and a quasi-solid or solid-state electrolyte in ionic communication with the anode and the cathode (Hu, pp. 1-9, Table 1) and further teaches wherein said electrolyte further comprises a flame-retardant additive selected from a phosphorus-based flame retardant (Hu, p. 2 lines 38-43) ensuring cycle performance and improving the safety (Hu, p. 3 lines 52-55).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rechargeable lithium battery of Hasegawa with the teaching of Hu wherein said electrolyte further comprises a flame-retardant additive selected from a phosphorus-based flame retardant to maintain performance improving the safety of the battery.
Regarding claim 17, modified Hasegawa teaches all of the limitations of claim 16 as set forth above, though Hasegawa does not teach wherein said flame retardant additive is in a form of encapsulated particles comprising the additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature.
Hu additionally discloses wherein said flame retardant additive is in a form of encapsulated particles comprising the additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature (Hu, p. 3 line 27 – p. 4 line 28) improving the flame retardant properties of the battery and preventing thermal runaway (Hu, p. 4 lines 2-3 and 27-28).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrolyte of modified Hasegawa with the teaching of Hu wherein said flame retardant additive is in a form of encapsulated particles comprising the additive encapsulated by a shell of a substantially lithium ion-impermeable and liquid electrolyte-impermeable coating material, wherein said shell is breakable when exposed to a temperature higher than a threshold temperature to prevent thermal runaway and improve the flame retardant properties of the battery.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa US5972539A (cited in office action mailed 04 October 2022) in view of Wang CN111253523A (using machine English translation provided; cited in office action mailed 08 February 2023) and Bauer US6730440B1, as applied to claim 1 above, and further in view of Moon KR20160037061A (using machine English translation provided; cited in office action mailed 04 October 2022).
Regarding claim 26, modified Hasegawa teaches all of the limitations of claim 25 as set forth above, but does not explicitly disclose the rechargeable lithium battery further comprising polymeric fibers, ceramic fibers, glass fibers, or a combination thereof, which are dispersed in or bonded by the polyvinyl phosphonate polymer.
In a rechargeable lithium battery Moon teaches the battery comprising an anode, a cathode, and a quasi-solid or solid-state electrolyte in ionic communication with the anode and the cathode (Moon, pp. 1-29, Figs. 1-20) the electrolyte comprising chains derived from phosphate and vinyl containing monomers (Moon, p. 15 lines 29-31) a lithium salt dissolved or dispersed in the polymer comprising LiTFSI (Moon, p. 24, lines 50-56) at 10% by volume. Moon further teaches wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 1 nm to 100 nm (Moon, p. 12 line 22), which overlaps with and falls within the claimed range of 2 nm to 30 μm.
Moon further teaches wherein the rechargeable lithium battery further comprising glass fibers which are dispersed in or bonded by the polymer in the electrolyte (Moon, p. 19 lines 48-49) thereby the solid electrolyte may also comprise the separator reducing manufacturing steps and cost (Moon, p. 19 lines 49-50). Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rechargeable lithium battery of modified Hasegawa with the teachings of Moon wherein the rechargeable lithium battery further comprising glass fibers which are dispersed in or bonded by the polymer in the electrolyte in order to reduce production costs.
Claim(s) 27 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa US5972539A (cited in office action mailed 04 October 2022) in view of Bauer US6730440B1.
Regarding claim 27, Hasegawa discloses an electrolyte composition (Hasegawa, cols. 1-14, Fig. 1) comprising
a lithium salt and an initiator or a crosslinking agent dissolved or dispersed in a reactive liquid medium including a reactive phosphonate vinyl monomer (Hasegawa, col. 9 lines 35-46), but does not explicitly disclose wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 μm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer and wherein said particles of inorganic solid electrolyte material are selected from a hydride type, halide type, borate type, or a combination thereof.
In an electrochemical cell such as a rechargeable lithium battery Bauer teaches the electrochemical cell comprising an anode and a cathode (Bauer, col. 2 lines 46-52) and a quasi-solid or solid-state electrolyte in ionic communication with the anode and the cathode (Bauer, col. 1 lines 47-51), wherein the electrolyte comprises polymer chains derived from phosphate and phosphonate monomers (Bauer, col. 15 lines 37-38), and a lithium salt dissolved or dispersed in the polymer (Bauer, col. 16 lines 50-53 and col. 16 line 61 – col 17 line 3), wherein the lithium salt occupies a weight fraction from 0.1 to 50% of the material forming the layer (Bauer, col. 17, lines 4-7), significantly overlapping with claimed range of 0.1% to 50% based on the total weight of the lithium salt and the polyvinyl phosphonate combined.
Bauer further teaches wherein the polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from (Bauer, col. 2 lines 22-24) which significantly overlaps with the claimed from 2 nm to 30 µm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer (Bauer, col. 2 lines 20-26), wherein said particles of inorganic electrolyte material are preferably selected from a borate (Bauer, col. 4 line 17) in order to conduct Li ions but not electrons (Bauer, col. 3 lines 48, col. 4 lines 14-16) in order to prevent a short-circuit (Bauer, col. 1 lines 48-51).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte material of Hasegawa with the teaching of Bauer wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 µm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer, wherein said particles of inorganic electrolyte material are preferably selected from a borate type in order to conduction Li-ions and not electrons, preventing a short circuit.
Regarding claim 35, Hasegawa teaches an electrolyte composition (Hasegawa, Cols. 1-14, Fig. 1) comprising
a non-aqueous liquid solvent, a lithium salt, and a reactive phosphonate vinyl monomer dissolved in the liquid solvent, wherein the reactive phosphonate vinyl monomer is selected from the group consisting of phosphonate bearing allyl monomers, phosphonate bearing vinyl monomers, phosphonate bearing styrenic monomers, phosphonate bearing (meth)acrylic monomers (Hasegawa, col. 3 line 34 – col. 4 line 59, col. 9 lines 1-10, formula 2), but does not explicitly disclose wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 μm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer and wherein said particles of inorganic solid electrolyte material are selected from a hydride type, halide type, borate type, or a combination thereof.
In an electrochemical cell such as a rechargeable lithium battery Bauer teaches the electrochemical cell comprising an anode and a cathode (Bauer, col. 2 lines 46-52) and a quasi-solid or solid-state electrolyte in ionic communication with the anode and the cathode (Bauer, col. 1 lines 47-51), wherein the electrolyte comprises polymer chains derived from phosphate and phosphonate monomers (Bauer, col. 15 lines 37-38), and a lithium salt dissolved or dispersed in the polymer (Bauer, col. 16 lines 50-53 and col. 16 line 61 – col 17 line 3), wherein the lithium salt occupies a weight fraction from 0.1 to 50% of the material forming the layer (Bauer, col. 17, lines 4-7), significantly overlapping with claimed range of 0.1% to 50% based on the total weight of the lithium salt and the polyvinyl phosphonate combined.
Bauer further teaches wherein the polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from (Bauer, col. 2 lines 22-24) which significantly overlaps with the claimed from 2 nm to 30 µm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer (Bauer, col. 2 lines 20-26), wherein said particles of inorganic electrolyte material are preferably selected from a borate (Bauer, col. 4 line 17) in order to conduct Li ions but not electrons (Bauer, col. 3 lines 48, col. 4 lines 14-16) in order to prevent a short-circuit (Bauer, col. 1 lines 48-51).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte material of Hasegawa with the teaching of Bauer wherein said polymer further comprises an inorganic solid electrolyte material in a fine powder form having a particle size from 2 nm to 30 µm, wherein said particles of inorganic solid electrolyte material are dispersed in said polymer or chemically bonded by said polymer, wherein said particles of inorganic electrolyte material are preferably selected from a borate type in order to conduction Li-ions and not electrons, preventing a short circuit.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-36 of copending Application No. 17410282 (reference application; US20230096724A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17410282 claims 1-36 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-35 of copending Application No. 17338492 (reference application; US20220407183A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17338492 claims 1-35 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-42 of copending Application No. 17324747 (reference application; US20220407182A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17324747 claims 1-42 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2, 4-20, 22-24, 26 and 35-52 of copending Application No. 17224405 (reference application; US20220336859A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17224405 claims are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-47 of copending Application No. 17206679 (reference application; US20220302440A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17206679 claims 1 and 3-47 are directed toward, inter alia, a bipolar rechargeable lithium battery (e.g. a lithium metal secondary battery or a lithium-ion battery) comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 and 31-33 of copending Application No. 17197148 (reference application; US20220293958A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17197148 claims 1-29 and 31-33 are directed toward, inter alia, a bipolar rechargeable lithium battery (e.g. a lithium metal secondary battery or a lithium-ion battery) comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-27 of copending Application No. 17199827 (reference application; US20220293955A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17199827 claims 1-27 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode, a quasi-solid or solid-state electrolyte comprising a polymer, a flame-resistant composite separator comprising a polymer and a flame-retardant. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-39 of copending Application No. 17182763 (reference application; US20220271335A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17182763 claims 1-39 are directed toward, inter alia, a rechargeable lithium battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-39 of copending Application No. 17170287 (reference application; US20220255080A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17170287 claims 1-39 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 5-21 of copending Application No. 17164912 (reference application; US20220255129A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17164912 claims 1-3 and 5-21 are directed toward, inter alia, a rechargeable lithium battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 12-25 of copending Application No. 17157331 (reference application; US20220238915A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17157331 claims 1-10 and 12-25 are directed toward, inter alia, a rechargeable lithium battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 3-35 of copending Application No. 17155385 (reference application; US20220238914A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17155385 claims 1 and 3-35 are directed toward, inter alia, a rechargeable lithium battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4-35 of copending Application No. 17151330 (reference application; US20220231333A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17151330 claims 1-2 and 4-35 are directed toward, inter alia, a rechargeable lithium battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of copending Application No. 17144754 (reference application; US20220223917A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17144754 claims 1-28 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode, a quasi-solid or solid-state electrolyte comprising a polymer, a flame-resistant composite separator comprising a polymer and a flame-retardant. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 7-9, 11-20 of copending Application No. 17129127 (reference application; US20220200094A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17129127 claims 1-3, 5, 7-9, 11-20 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-28 of copending Application No. 17122997 (reference application; US20220190438A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17122997 claims 1-28 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 10-28 of copending Application No. 17121435 (reference application; US20220190346A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17121435 claims 1-8 and 10-28 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-5 and 7-28 of copending Application No. 17009278 (reference application; US20220069348A1). Although the claims at issue are not identical, they are not patentably distinct from each other because
17009278 claims 1, 4-5 and 7-28 are directed toward, inter alia, a rechargeable lithium battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a quasi-solid or solid-state electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
These are provisional nonstatutory double patenting rejections because the patentably indistinct claims have not in fact been patented.
Claims 1, 3-18, 21-27 and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-40 of U.S. Patent No. US11637329B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
US11637329B2 claims 1-40 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Claims 1, 3-18, 21-27 and 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-29 of U.S. Patent No. US11677101B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
US11677101B2 claims 1-29 are directed toward, inter alia, a lithium secondary battery comprising an anode, a cathode and a flame-resistant composite separator comprising a polymer, a flame-retardant additive, and a working electrolyte comprising an organic liquid electrolyte, ionic liquid electrolyte, polymer gel electrolyte, polymer solid electrolyte, solid-state inorganic electrolyte, quasi-solid electrolyte. There is significant overlap with the Instant application claims 1, 3-18, 21-27 and 35 which is directed towards, inter alia, a rechargeable lithium battery comprising an anode, a cathode, and separator comprising a quasi-solid or solid-state electrolyte, a polymer, and a flame-retardant additive.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3-18, 21-27 and 35 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim WO2020102907A1 (discloses a solid or quasi solid electrolyte derived from phosphate based monomers and further comprising inorganic solid electrolyte particles selected from halide-types)
Mimura WO2020129802A1 (discloses a solid or quasi solid electrolyte derived from monomers of phosphonic acid groups and further comprising inorganic solid electrolyte particles selected from halide-types and hydride-types).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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