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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 1/7/26. Applicant’s arguments have been considered but are not found entirely persuasive. Claims 1-3, 7-10, 12-15 and 19-21 are pending.
This Action is FINAL, as necessitated by amendment.
Specification
The amendments to the specification have been entered.
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.
Claim(s) 1-3, 7-15 and 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al., US 2015/0171477 A1 in view of Taki et al., US 2013/0149603 A1.
Takahashi teaches a lithium secondary battery comprising a positive electrode, a negative electrode and a non-aqueous electrolyte solution wherein the non-aqueous electrolyte solution contains a phosphate polymer represented by formula (1)
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wherein R1 to R5 each independently represents aliphatic hydrocarbon group or fluorinated aliphatic hydrocarbon group, wherein the group may have a substituent, and n represents an integer of 1 or more, with the proviso that when n is 2 or more, two or more R1(s) may be the same as, or different from each other and two or more R4(s) may be the same as, or different from each other and a fluorinated phosphate represented by formula (2)
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wherein R6 to R8 each independently represents aliphatic hydrocarbon group or fluorinated aliphatic hydrocarbon group, wherein the group may have a substituent, with the proviso that at least one of R6 to R8 is fluorinated aliphatic hydrocarbon group (abstract). The electrolyte solution contains a lithium salt and a non-aqueous solvent [0024].
The aliphatic hydrocarbon group may be a saturated aliphatic hydrocarbon group or an unsaturated aliphatic hydrocarbon group. The fluorinated aliphatic hydrocarbon group may also be a saturated fluorinated aliphatic hydrocarbon group or an unsaturated fluorinated aliphatic hydrocarbon group. Additionally, the aliphatic hydrocarbon group may be linear or branched. The fluorinated aliphatic hydrocarbon group may also be linear or branched [0040-0041].
In addition, the number of carbon atoms in each of R6 to R8, the aliphatic hydrocarbon group or the fluorinated aliphatic hydrocarbon group (preferably alkyl group or fluorinated alkyl group), each independently is preferably 1 or more and 4 or less, more preferably 1 or more and 3 or less. When the number of carbon atoms in the aliphatic hydrocarbon group or the fluorinated aliphatic hydrocarbon group is 4 or less, the increase in the viscosity of the electrolyte solution may be suppressed and the electrolyte solution may penetrate more readily into micropores in the electrodes and the separator, and the ionic conductivity may be enhanced and the current value may be better in the charge and discharge properties of the battery [0043-0044]. The content of the fluorinated phosphate represented by the formula (2) in the whole solvent may be preferably, but not limited to, 5 to 70 vol % [0049].
Examples of the other solvents which may be used in the electrolyte solution include aprotic solvents, including cyclic carbonates such as propylene carbonate (PC), ethylene carbonate (EC), butylene carbonate (BC), and vinylene carbonate (VC); chain carbonates such as dimethyl carbonate (DMC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC), and dipropyl carbonate (DPC); ethylene carbonate derivatives; propylene carbonate derivatives; and aliphatic carboxylates such as methyl formate, methyl acetate, and ethyl propionate. The aprotic solvent may be used singly or in combination of two or more. It is preferred that the electrolyte solution of the embodiment further contains a carbonate compound as the solvent. When the electrolyte solution contains a carbonate compound, the ionic dissociability of the electrolyte solution may be enhanced and the viscosity of the electrolyte solution may be reduced, and therefore the ionic mobility may be enhance [0059-0060]. The carbonate in the whole solvent is preferably 1 to 50 vol% [0062].
Examples of the lithium salt to be dissolved in the electrolyte solution include, but not limited to, LiPF6, LiBF4, LiSbF.sub.6, lithium salts of lower aliphatic carboxylic acids, chloroborane lithium, lithium tetraphenylborate and LiSCN [0064]. The positive electrode active materials of Takahashi are disclosed at [0066-0075]. At least Example 12 teaches a carbonate solvent mixture of EC/DMC. EC is the cyclic carbonate ethylene carbonate and DMC is the chain carbonate dimethyl carbonate.
See also [0025]-[0038] that teaches the electrolyte solution may include a phosphate polymer represented by formula (1) wherein the aliphatic hydrocarbon group may be a saturated aliphatic hydrocarbon group or an unsaturated aliphatic hydrocarbon group. The content of the phosphate polymer is preferably 0.7-15 vol%.
Takahashi does not explicitly teach an example of formula (2) that reads upon compound 23, as recited by claim 1. However, Taki teaches a non-aqueous electrolyte secondary battery having a negative electrode, a positive electrode containing a lithium-containing oxide of a transition metal or a lithium-containing phosphate of a transition metal as a positive electrode active material [0087], and a non-aqueous electrolyte in which a lithium salt [0083] is dissolved in an organic solvent [0074-0083]. The non-aqueous electrolyte contains a phosphate ester compound represented by the following general formula (1)
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to which an alkynyl group is bonded and/or an unsaturated phosphate ester compound represented by the following general formula (2)
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(see abstract).
In formula (1), R1 and R2 each independently represents a hydrogen atom or an alkyl group having 1 to 8 carbon atom(s), and R3 represents an alkyl group having 1 to 8 carbon atom(s), an alkenyl group having 2 to 8 carbon atoms, an alkynyl group having 2 to 8 carbon atoms or a halogenated alkyl group having 1 to 8 carbon atom(s) [0023].
Specific compounds representative of formula (1) and/or formula (2) are provided at [0112-0121]. Compound A1: ethyl bis(2-propynyl)phosphate is disclosed. The electrolyte solution comprises LiPF6 dissolved in a mixed solvent of 30 vol% ethylene carbonate, 40 vol% of ethyl methyl carbonate, 25 vol% of dimethyl carbonate and 5 vol% of propyl acetate [01110]. The numbers in the brackets in Tables 1-2 represent the concentrations (mass %) in the non-aqueous electrolyte. The non-aqueous electrolyte may contain an additive such as vinylene carbonate and fluoroethylene carbonate in an amount of 0.005 to 10 mass % [0066-0073]. One of skill would have found Formula 2 of the claimed invention obvious in view of the teachings of Takahashi and Taki. While Takahashi teaches Formula 2 is a fluorinated phosphate, Takahashi teaches each of R6-R8 in Formula 2 may represent an unsubstituted unsaturated aliphatic hydrocarbon group. Taki teaches the substituent R3 of the phosphate of Formula 1 may or may not be fluorinated. One of skill in the art would have reasonably envisioned Formula 2 of the claimed invention in view of Formula 2 of Takahashi and Formula 1 of Taki.
Regarding Formula 1 of the claimed invention, Takahashi teaches the specific phosphate represented by formula (1) may be (CH3CH2O)P(O)(OCH2CH3)(OCH2CH2O)P(O)(OCH2CH3)(OCH2CH3) [wherein R1-R4 are each independently selected from an unsubstituted alkyl group of 1-5 carbons (ethyl group) and R5 is an alkylene group of 1-5 carbon atoms (ethylene) when compared to Formula 1 of the claimed invention. See [0036].Takahashi teaches the aliphatic hydrocarbon group may be a saturated aliphatic hydrocarbon group or an unsaturated aliphatic group [0026-0027].
Furthermore, the invention as a whole would have been obvious to one having ordinary skill in the art at the time of filing because Takahashi and Taki are both directed toward phosphate compounds as additives for a nonaqueous electrolyte for a lithium ion battery. One of skill would have been motivated to use Formula 1 of Taki in the nonaqueous electrolyte of the battery of Takahashi (in addition to Formula 1 and Formula 2 of Takahashi) to achieve excellent internal resistance, discharge capacity and maintain excellent battery cycling properties, as taught by Taki. See at least the Tables of Taki and [0132]. Examiner notes the claims recite “comprising” language.
Response to Arguments
Applicant's arguments filed 1/7/26 have been fully considered but they are not entirely persuasive. All previous 35 USC 112 rejections of record have been withdrawn.
The indication of allowable subject matter in the Office Action of 11/19/25 has been withdrawn. The claims have been amended and are deemed obvious over the prior art of record.
35 USC 103
Taki is not cited to teach Formula 1 of the claimed invention. Taki is cited to teach and suggest Compound 23 of the present invention. Takahashi, in combination with Taki, is cited to teach and suggest Compound 23 of at least claim 1. Takahashi teaches Formula 1 of at least claim 1.
Applicant argues the presence of both a compound represented by Formula 1 and a compound represented by Compound 23 in the non-aqueous electrolyte of a lithium-ion battery produces a synergistic effect. However, the support/evidence provided is not commensurate in scope with the claimed invention. Specifically, Applicant points to “Data in Tables 3 and 4 clearly demonstrate that the presence of both compounds results in a significant improvement in overall battery performance”. However, the data in Table 3 and Table 4 is not commensurate in scope with at least claim 1 that is directed toward an electrolyte, not a battery. Furthermore, in Table 3, Formula 2 is represented by compound 26 in Embodiments 18-23. As shown in Table 2 (at pages 5-6), compound 26 comprises a fluorinated R group. Thus, compound 26 does not read upon the claimed invention. In Table 4, Formula 2 is represented by compound 27 in Embodiments 25-30. As shown in Table 2 (at pages 5-6), compound 27 comprises an ether group. Thus, compound 27 does not read upon the claimed invention. Applicant only asserts “the data in Table 2 sufficiently demonstrates the synergistic effect between them”. However, the analysis and/or evidence provided does not support the assertion of a “synergistic effect”. Furthermore, Taki teaches Compound 23 of the presently claimed invention achieves excellent internal resistance, discharge capacity and maintains excellent battery cycling properties. See at least the Tables of Taki and [0132]. The “control groups” referenced by Applicant are not representative of the teachings of the cited prior art.
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.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725