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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/26/2026 has been entered.
Status of the Claims
The amendment/remarks submitted 01/26/2026 have been entered and fully considered. Claims 1, 4, 7-9, and 11-12 are pending. Claims 2-3, 5-6, and 10 are cancelled. Claim 1 is amended. Claims 1, 4, 7-9, and 11-12 are examined herein.
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 1, 4, 7-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0131193 A1 (“Ji”) in view of US 2010/0316908 A1 (“Yoshimura”) and US 2020/0287234 A1 (“Umetsu”).
Regarding claim 1, Ji discloses an electrolyte for a lithium ion battery (Abstract; [0063]). The electrolyte comprises a solvent and a lithium-containing salt ([0063]-[0071]). The electrolyte further comprises one or more additives ([0072]). The additives are symmetrical or asymmetrical alkylsulfonyl imide or cyclic alkylene sulfonylimide metal salts, which are fully fluorinated ([0073]). The additives are represented by the formula
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where X is lithium, and R1 and R2 are fluorine, fully fluorinated linear alkyl groups, or bonded with each other to create a fully fluorinated cyclic alkylene sulfonylimide salt ([0075]-[0079]). (Note: Given the description of the additive as an alkylsulfonyl imide and the subsequent examples, the double-bonded R1 appears to be a typo and should be O.)
Ji discloses an example is
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lithium 1,2,3-dithiazolidine-4,4,5,5-tetrafluoro-1,1,3,3-tetraoxide ([0099]).
Ji discloses the R1 and R2 may be the same (symmetrical) and include F ([0077]). This would result in the compound lithium bis(flurosulfonyl)imide.
Ji discloses one or more additives can be used ([0072]) but does not expressly disclose the specific claimed combination of a mixture of a lithium bis(fluorosulfonyl)imide and a bis(sulfonyl)imide lithium salt represented by Chemical Formula
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wherein the lithium bis(fluorosulfonyl)imide and the bis(sulfonyl)imide lithium salt represented by the Chemical Formula are present in a molar ratio of 1:1.
Yoshimura discloses a nonaqueous electrolyte secondar battery (Abstract). Yoshimura further discloses the electrolyte contains one or more lithium salts other than those represented by formulae (1) and (2) are included. It is especially preferable to include at least one compound selected from a chain imide salt represented by the following formula (3) and a cyclic imide salt represented by the following formula (4). This is because not only an effect for suppressing corrosion of the positive electrode is held, but a good conductivity is obtainable, and excellent high-temperature characteristic and cycle characteristic are obtainable. Even in the case where a charge final voltage is increased to 4.25 V or more, these effects are kept, and therefore, a high energy density can be achieved ([0039]). LiN(FSO2)2 (LiFSI or lithium bis(fluorosulfonyl)imide) is disclosed as an example of the chain imide salt ([0042]). The compound represented by Formula (4a)
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is disclosed as an example of the cyclic imide salt ([0044]-[0046]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include both the claimed additives for the reasons taught by Yoshimura.
Regarding the molar ratio of 1:1, because Yoshimura teaches the effect of including both chain and cyclic imide salts, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the ratio thereof through routine experimentation in pursuit of optimizing the disclosed effect. Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Ji does not expressly disclose the lithium salt is present at a concentration of 0.3 to 0.8 M.
Umetsu discloses a lithium ion secondary cell (Abstract). Umetsu discloses the concentration of lithium salt in the nonaqueous electrolyte as the total concentration of lithium salts is within the range of 0.5-2.0 mol/L (i.e. M). If the lithium salt concentration is 0.5 mol/L or more, battery capacity can be made to be sufficiently high since ample anions are present. In the case the lithium salt concentration is 2.0 mol/L or less, precipitation of undissolved lithium salt in the nonaqueous electrolyte and excessively high viscosity of the nonaqueous electrolyte can be prevented and there is less susceptibility to decreases in conductivity and output characteristics, thereby making this preferable ([0224]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the total concentration of lithium salt, and therefore the claimed lithium salt concentration, in the nonaqueous electrolyte as taught by Umetsu to provide high battery capacity while limiting decreases in conductivity and output characteristics.
Ji discloses the additive, including the claimed lithium salt represented by Chemical Formula 3, is present in an amount of 0.2 wt% to about 9 wt% ([0072]). The Office acknowledges the difference in units. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the concentration of the additive and the ratio of the salts through routine experimentation in furthering the purpose of the additives, namely to form a stable, electronically insulating but ionically conducting SEI layer on the surface of Si anodes, which enables the electrochemical stability of Li-ion batteries when cycled at higher voltages and helps with calendar life of the batteries ([0047]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See also MPEP 2144.05.
Regarding claim 4, Ji discloses the electrolytic solution of claim 1. Ji discloses the total amount of the additive(s) is from about 1 wt% to about 9 wt% ([0072]). The Office acknowledges the difference in units. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the total concentration of the additives through routine experimentation in furthering the purpose of the additives, namely to form a stable, electronically insulating but ionically conducting SEI layer on the surface of Si anodes, which enables the electrochemical stability of Li-ion batteries when cycled at higher voltages and helps with calendar life of the batteries ([0047]). Generally, differences in concentration or temperature will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such concentration or temperature is critical. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See also MPEP 2144.05.
Regarding claim 7, Ji discloses the electrolytic solution of claim 1. Ji discloses the solvent comprises a fluorine-substituted cyclic carbonate, such as fluoroethylene carbonate (FEC), difluoroethylene carbonate (F2EC or DiFEC), or trifluoropropylene carbonate (TFPC) ([0065]-[0067]).
Regarding claim 8, Ji discloses the electrolytic solution of claim 7. Ji discloses FEC is included at a concentration of 5% or more ([0067]). The claimed range would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because the amount of fluorine-substituted cyclic carbonate disclosed by Ji overlaps the amount of fluorine-substituted cyclic carbonate as claimed. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Furthermore, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); and MPEP 2144.05.
Regarding claim 9, Ji discloses the electrolytic solution of claim 1. Ji discloses examples of the lithium-containing salt including lithium hexafluorophosphate (LiPF6), lithium tetrafluoroborate (LiBF4), lithium hexafluoroarsenate monohydrate (LiAsF6), lithium perchlorate (LiClO4), lithium bis(oxalato)borate (LiBOB, i.e. LiB(C2O4)2), and lithium triflate (LiCF3SO3) ([0112]).
Regarding claims 11-12, Ji discloses a lithium ion battery comprising a first electrode, a second electrode, a separator between the first electrode and the second electrode, and the electrolytic solution of claim 1; where one of the first electrode and the second electrode is a cathode and the other of the first electrode and the second electrode is an anode ([0063]). Ji discloses the cathode comprises NCM811 (i.e. LiNi0.8Co0.1Mn0.1O2) ([0052]). This anticipates the claimed Chemical Formula 11 when x=1, a=0.8, and b=c=0.1.
Response to Arguments
In view of the amendment to claim 1, the previous rejection has been withdrawn and a new ground(s) of rejection is made in view of US 2010/0316908 A1 (“Yoshimura”).
Please consider the following remarks which may apply to the rejection above.
In response to applicant's argument that the technical problem solved by the prior art and the technical problem solved by the present invention are different, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., carbon-based anode active materials) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues the presence of unexpected results in the claimed invention. Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the "objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support." In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). In this case, it is noted that while a ratio of the two additives is recited, Example 2 only shows the two additives present at 0.1M; and the composition of the lithium salt is absent in claim 1.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727