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 .
Summary
Since the Office Action mailed on 27 November 2024, claim 1 has been amended, claims 16 and 17 have been added, the statutory double patenting rejections are overcome by amendment made to claim 1, and claims 1-9 and 11-17 are being further examined in this application.
New in this Office Action are 112(a), 112(b), 103, and non-statutory double patenting rejections necessitated by amendment.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-9 and 11-17 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitations “an ether represented by a chemical formula…” and “wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90%”. There is lack of sufficient support in the application for these limitations of claim 1. The closest support for these limitations that the examiner can reference to is in [0037] of the specification that discloses “"Ether is a main solvent" means that a volume ratio of the ether to the entire solvent is … not less than 90%. The solvent may be composed only of ether.” However, this disclosure does not specifically support the limitation of the main solvent being a single ether composed of the chemical formula claimed. Appropriate correction to the claims is required for withdrawal of this rejection.
Claim 16 recites the limitation “wherein the entire solvent in the non-aqueous electrolyte is a single solvent consisting of the ether”. There is lack of sufficient support from the application for this limitation because although the specification discloses that “The solvent may be composed only of ether.” in [0037], it not specific to the ether of the chemical formula limited to the one recited in claim 1. Appropriate correction to claims is required for withdrawal of this rejection.
There is lack of sufficient support from the application for the limitation recited as claim 17. Claim 17 recites a first lithium metal, a second lithium metal, and the second lithium metal being a lithium metal precipitated on a surface of the first lithium metal. Appropriate correction is required for withdrawal of this rejection.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 17 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 17 recites “the surface of the first lithium metal”, which lacks antecedent basis in the claim because “a surface of the first lithium metal” is not positively recited. Appropriate correction is required for withdrawal of this rejection.
Claim Rejections - 35 USC § 103
Claims 1-9, 11 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuoka et al (US 2019/0393556 A1) in view of Kim et al (US 2019/0198865 A1). These references cited as Matsuoka and Kim, respectively.
Regarding claim 1, Matsuoka discloses a lithium secondary battery (“According to the present invention, there is provided a non-aqueous secondary battery” [0065]), comprising:
a cathode (“including: a positive electrode having a positive-electrode active material layer formed on one surface or both surfaces of a current collector” [0065]);
an anode (“a negative-electrode having a negative-electrode active material layer formed on one surface or both surfaces of a current collector” [0065]); and
a non-aqueous electrolyte (“and a non-aqueous electrolyte solution” [0065]) having lithium ion conductivity (“insertion or dissociation of lithium ions to or from the negative electrode … to exhibit high ion conductivity” [0029]),
wherein the non-aqueous electrolyte contains
a first lithium salt represented by a chemical formula LiBX4 or LiPX6 (“A more specific composition according to the fifteenth embodiment is a non-aqueous electrolyte solution containing lithium hexafluorophosphate (LiPF6)” [0170] such that the latter “LiPX6” limitation applies here), where X is a fluorine atom or an oxygen-containing ligand (in the case presented in the prior citation, X is a fluorine atom),
a second lithium salt represented by a chemical formula LiN(SO2F)2 (“In addition, the non-aqueous electrolyte solution may contain lithium salt such as LiN(SO2F)2 (LiFSI)” [0170]), and
an ether represented by a chemical formula R1-O-R3-O-R2, where R1 and R2 are each independently an alkyl group with a carbon number of 1 to 4; and R3 is an alkylene group with a carbon number of 2 to 4 (“linear ether such as dimethoxyethane, …, 1,3-dioxolane, …” [0109]),
a sum of concentration of the first lithium salt and the second lithium salt which are contained in the non-aqueous electrolyte is not less than 3.0 mol/L (Table 29 “Example 47” discloses a LiPF6 and Imide salt concentration sum of 3.0 mol/L, which is not less than 3.0 mol/L, “the content of LiPF6 is 1.5 mol or less with respect to a non-aqueous solvent of 1 L” [0127], and “the content of the imide salt (particularly, LiFSI) is set to 0.5 to 3 mol with respect to the non-aqueous solvent of 1 L” [0160]),
a concentration of the first lithium salt contained in the non-aqueous electrolyte is not less than 0.01 mol/L and not more than 2 mol/L (Table 29 “Example 47” discloses a LiPF6 concentration of 0.3 mol/L, “the content of LiPF6 is 1.5 mol or less with respect to a non-aqueous solvent of 1 L” [0127]), and
a concentration of the second lithium salt contained in the non-aqueous electrolyte is not less than 1.5 mol/L (Table 29 “Example 47” discloses an Imide salt concentration of 2.7 mol/L, “the content of the imide salt (particularly, LiFSI) is set to 0.5 to 3 mol with respect to the non-aqueous solvent of 1 L” [0160]),
wherein a lithium metal is precipitated on a surface of the anode during charge of the lithium secondary battery (“a negative electrode to or from which lithium ions are inserted or detached at an electric potential lower than "0.4V vs. Li/Li+"” [0090] with italics added for emphasis), and
the lithium metal is dissolved from the surface of the anode in the non-aqueous electrolyte during discharge of the lithium secondary battery (“a negative electrode to or from which lithium ions are inserted or detached at an electric potential lower than "0.4V vs. Li/Li+"” [0090] with italics added for emphasis).
Matsuoka does not disclose wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90%.
However, Kim discloses a lithium secondary battery (“a lithium battery 30” [0074]) comprising a cathode (“a cathode 21” [0074]), an anode (“an anode 20” [0074]), and a non-aqueous electrolyte (“an electrolyte 24” [0074]) having lithium ion conductivity (“As the liquid electrolyte, an electrolyte solution was prepared by dissolving 1.0 M LiN(SO2F)2 (hereinafter, also referred to as "LiFSI") was dissolved in a solvent mixture including 1,2-dimethoxyethane ("DME") and 1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether ("TTE")” [0141] where the entire electrolyte solution contains no water) wherein the non-aqueous electrolyte contains a first lithium salt (“the first anode layer 11a may include a lithium titanium oxide” [0057]), a second lithium salt (“The second anode layer 11b may include lithium metal or a lithium alloy” [0060]), and an ether (“a solvent mixture including 1,2-dimethoxyethane ("DME") and 1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether ("TTE") at a volume ratio of 2:8” [0141]).
Kim teaches wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90% (the composition of the entire solvent in [0141] of the latter citation above is the ether), and that the ether of this composition in the entire solvent does not deteriorate a cathode active material by reacting with the cathode active material during a charging/discharging process ([0131]).
Therefore, it would have been obvious for a person of ordinary skill in the art to add wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90% to the lithium secondary battery of Matsuoka in view of Kim in order to avoid a deterioration of a cathode active material of the cathode by the non-aqueous electrolyte reacting with the cathode active material during a charging/discharging process.
Regarding claim 2, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein
the non-aqueous electrolyte contains a mixed solvent of the ether and an auxiliary solvent (“the non-aqueous solvent preferably contains one or more cyclic aprotic polar solvents and more preferably contains one or more cyclic carbonates” [0112] where the “aprotic polar solvent” corresponds to the ether where then the “cyclic carbonate” corresponds to the auxiliary solvent).
Regarding claim 3, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 2 above, and wherein
the auxiliary solvent is ester (in accordance to the citation provided for claim 2, it is known in the art that cyclic carbonates are a type of carbonate esters).
Regarding claim 4, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 3 above, and wherein
the auxiliary solvent is cyclic carbonate ester (as in citation for claims 2 and 3 above, “one or more cyclic carbonates” [0112]).
Regarding claim 5, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 4 above, and wherein
the auxiliary solvent is at least one selected from the group consisting of ethylene carbonate, vinylene carbonate, fluoroethylene carbonate, and vinylethylene carbonate (“the cyclic carbonate more preferably includes ethylene carbonate, propylene carbonate, vinylene carbonate, or fluoroethylene carbonate,” [0110] with italics added for emphasis).
Regarding claim 6, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 5 above, and wherein
the auxiliary solvent is fluoroethylene carbonate or vinylene carbonate (“vinylene carbonate, or fluoroethylene carbonate,” [0110]).
Regarding claim 7, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 2 above, and wherein a volume ratio of the ether to the mixed solvent in the non-aqueous electrolyte is not less than 60% (“The "non-aqueous electrolyte solution" according to this embodiment refers to an electrolyte solution containing water of 1 % or less.” [0390]).
Regarding claim 8, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 7 above, and wherein a volume ratio of the ether to the mixed solvent in the non-aqueous electrolyte is not less than 90% (“The "non-aqueous electrolyte solution" according to this embodiment refers to an electrolyte solution containing water of 1 % or less.” [0390]).
Regarding claim 9, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein R1 and R2 are each independently an alkyl group with a carbon number of 1 or 2, and R3 is an alkylene group with a carbon number of 2 (“linear ether such as dimethoxyethane” [0109] has a structural formula with each a R1 and R2 alkyl group with a carbon number of 1 (CH3) and a R3 alkylene group with a carbon number of 2 ((CH2)2)).
Regarding claim 11, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 9 above, and wherein the non-aqueous electrolyte contains a mixed solvent of the ether and an auxiliary solvent, and the ether is represented by a chemical formula CH3O(CH2)2OCH3 (“linear ether such as dimethoxyethane” [0109]).
Regarding claim 15, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein the sum of concentration of the first lithium salt and the second lithium salt which are contained in the non-aqueous electrolyte is not less than 3.0 mol/L and not more than 4.0 mol/L (Table 29 “Example 47” discloses a LiPF6 and Imide salt concentration sum not less than 3.0 mol/L and not more than 4.0 mol/L – “the content of LiPF6 is 1.5 mol or less with respect to a non-aqueous solvent of 1 L” [0127], and “the content of the imide salt (particularly, LiFSI) is set to 0.5 to 3 mol with respect to the non-aqueous solvent of 1 L” [0160]).
Regarding claim 16, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein the entire solvent in the non-aqueous electrolyte is a single solvent consisting of the ether (Kim “a solvent mixture including 1,2-dimethoxyethane ("DME") and 1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether ("TTE") at a volume ratio of 2:8” [0141] where the composition of the disclosed entire solvent in [0141] ether) or a mixed solvent of the ether and an ester.
Regarding claim 17, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, but does not disclose wherein
the anode includes an anode current collector and a first lithium metal, and
the lithium metal precipitated on the surface of the first lithium metal of the anode is a second lithium metal.
However, Kim teaches wherein the anode includes an anode current collector (“an anode 20 includes a current collector 10” [0030]) and a first lithium metal (“a first anode layer 11a disposed on the current collector 10” [0030]), and
the lithium metal precipitated on the surface of the first lithium metal of the anode is a second lithium metal (“a second anode layer 11b disposed on the first anode layer 11a” [0030]).
Kim further teaches that the anode comprising the recited structure prevents a lithium metal of the anode to be completely consumed by a repetition of the charge/discharge cycle that results in a sharp decrease in the capacity retention ratio once the lithium anode is completely consumed ([0151]).
Therefore, it would have been further obvious for the person of ordinary skill in the art to add that the anode of modified Matsuoka includes an anode current collector and a first lithium metal, and
the lithium metal precipitated on the surface of the first lithium metal of the anode is a second lithium metal, in view of Kim,
in order to prevent a lithium metal of the anode to be completely consumed by a repetition of the charge/discharge cycle that results in a sharp decrease in a capacity retention ratio of the lithium secondary battery.
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuoka (US 2019/0393556 A1) in view of Kim (US 2019/0198865 A1) and Zheng et al (US 2017/0338471 A1). The latter reference cited as Zheng hereinafter.
Regarding claim 12, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, but does not disclose wherein the first lithium salt contains a boron atom.
However, Zheng discloses a lithium secondary battery (“Lithium-ion battery (or Li-ion battery) as used herein means a type of rechargeable battery” [0042]) that comprises a cathode (“a cathode in a lithium battery” [0054]), an anode (“Lithium-metal battery as used herein means a rechargeable battery that has lithium as an anode.” [0041]) and a non-aqueous electrolyte having lithium ion conductivity (“high-voltage lithium (Li) ion batteries (LIB) with high coulombic efficiency (CE), may further comprise a cathode current collector and a non-aqueous electrolyte” [0062]) wherein the non-aqueous electrolyte contains two lithium salts (“The electrolyte may comprise a mixture of one Li salt, a second Li salt … dual-salt electrolyte” [0062]) and a lithium metal precipitates on a surface of the anode during charge of the lithium secondary battery and dissolves from the surface of the anode to the non-aqueous electrolyte during discharge of the lithium secondary battery (“lithium ions move from the negative electrode to the positive electrode during discharge and back when charging. Li-ion batteries use an intercalated lithium compound as anode, compared to the metallic lithium used in a rechargeable lithium battery” [0042]).
Zheng teaches wherein a lithium salt contains a boron atom (“In certain embodiments the disclosed dual-salt electrolyte contains the salt mixtures of lithium imide and lithium orthoborate in organic solvent mixtures … The lithium orthoborate salts include but are not limited to lithium bis( oxalato )borate (LiBOB), lithium difluoro(oxalato)borate (LiDFOB) and any mixture thereof.” [0062]), and that having a lithium salt of one of the two lithium salts to contain a boron atom produces battery systems forming high-voltage lithium ion batteries with high coulombic efficiency ([0062]).
Therefore, it would have been obvious for a person having ordinary skill in the art to combine the teachings of modified Matsuoka with the teachings of Zheng in regards to the selection of the first salt, wherein the first lithium salt contains a boron atom, in order to achieve a battery system that forms high-voltage lithium ion batteries with high coulombic efficiency with a reasonable expectation of success.
Regarding claim 13, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 12 above, and wherein the first lithium salt contains at least one selected from the group consisting of a bis(oxalate)borate anion and a difluoro(oxalate)borate anion (Zheng “The lithium orthoborate salts include but are not limited to lithium bis( oxalato )borate (LiBOB), lithium difluoro(oxalato)borate (LiDFOB) and any mixture thereof.” [0062]).
Regarding claim 14, modified Matsuoka discloses the lithium secondary battery with all the features set forth in claim 1 above, but does not disclose wherein the cathode comprises a cathode active material having a crystal structure which belongs to a space group R-3m.
However, Zheng discloses the lithium secondary battery with all the features set forth in the rejection of claim 12 above, and teaches wherein the cathode comprises a cathode active material having a crystal structure which belongs to a space group R-3m (“the disclosed cathodes comprise the disclosed cathode materials combined with typical dopants (such as Al, Mg, Ti, V, Cr, Fe. Y, Li, F) or other components such as Ni, Mn, and/or Co in the transition metal layer and Li in Li layer, forming layered structure materials according to R-3m space group.” [0061]). Zheng teaches that this type of cathode active material is part of lithium-ion or lithium-metal battery systems that form high-voltage lithium ion batteries with high coulombic efficiency ([0062]).
Therefore, it would have been obvious for a person having ordinary skill in the art to combine the teachings of modified Matsuoka with the teachings of Zheng in regards to the selection of the cathode active material, wherein the cathode comprises a cathode active material having a crystal structure which belongs to a space group R-3m , in order to achieve a lithium-ion or lithium-metal battery system that forms high-voltage lithium ion batteries with high coulombic efficiency with a reasonable expectation of success.
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.
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Claims 1-9 and 11-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 6-7 and 13-14 of prior U.S. Patent No. 16/375,903 in view of Kim (US 2019/0198865 A1). The prior patent being cited as Sakamoto hereinafter.
Regarding claim 1, Sakamoto discloses a lithium secondary battery (“A lithium secondary battery” claim 1), comprising:
a cathode (“a cathode” claim 1);
an anode (“an anode” claim 1); and
a non-aqueous electrolyte (“and a non-aqueous electrolyte” claim 1) having lithium ion conductivity (“having lithium ion conductivity” claim 1),
wherein the non-aqueous electrolyte contains (“the lithium salt includes a first lithium salt and a second lithium salt, the second lithium salt is different from the first lithium salt” claim 1)
a first lithium salt represented by a chemical formula LiBX4 or LiPX6 (“wherein the first lithium salt is represented by a chemical formula LiBX4 or LiPX6” claim 1), where X is a fluorine atom or an oxygen-containing ligand (“where X is a fluorine atom or an oxygen-containing ligand” claim 1),
a second lithium salt represented by a chemical formula LiN(SO2F)2 (“the second lithium salt is LiN(SO2F)2” claim 1), and
an ether represented by a chemical formula R1-O-R3-O-R2, where R1 and R2 are each independently an alkyl group with a carbon number of 1 to 4; and R3 is an alkylene group with a carbon number of 2 to 4 (“the non-aqueous electrolyte comprises a solvent … wherein the solvent is CH3O(CH2)2OCH3” claim 1),
a sum of concentration of the first lithium salt and the second lithium salt which are contained in the non-aqueous electrolyte is not less than 3.0 mol/L (“a sum of concentration of the first lithium salt and the second lithium salt which are contained in the non-aqueous electrolyte is not less than 3.0 mol/L” claim 1),
a concentration of the first lithium salt contained in the non-aqueous electrolyte is not less than 0.01 mol/L and not more than 2 mol/L (“wherein the first lithium salt comprised in the non-aqueous electrolyte has a concentration of not less than 0.01 mol/L and not more than 2 mol/L” claim 1), and
a concentration of the second lithium salt contained in the non-aqueous electrolyte is not less than 1.5 mol/L (“wherein the second lithium salt comprised in the non-aqueous electrolyte has a concentration of not less than 1.5 mol/L” claim 1),
wherein a lithium metal is precipitated on a surface of the anode during charge of the lithium secondary battery (“wherein: a lithium metal is precipitated on a surface of the anode during charge of the lithium secondary battery” claim 1), and
the lithium metal is dissolved from the surface of the anode in the non-aqueous electrolyte during discharge of the lithium secondary battery (“the lithium metal is dissolved from the surface of the anode in the non-aqueous electrolyte during discharge of the lithium secondary battery” claim 1).
Sakamoto does not disclose wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90%.
However, Kim discloses a lithium secondary battery (“a lithium battery 30” [0074]) comprising a cathode (“a cathode 21” [0074]), an anode (“an anode 20” [0074]), and a non-aqueous electrolyte (“an electrolyte 24” [0074]) having lithium ion conductivity (“As the liquid electrolyte, an electrolyte solution was prepared by dissolving 1.0 M LiN(SO2F)2 (hereinafter, also referred to as "LiFSI") was dissolved in a solvent mixture including 1,2-dimethoxyethane ("DME") and 1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether ("TTE")” [0141] where the entire electrolyte solution contains no water) wherein the non-aqueous electrolyte contains a first lithium salt (“the first anode layer 11a may include a lithium titanium oxide” [0057]), a second lithium salt (“The second anode layer 11b may include lithium metal or a lithium alloy” [0060]), and an ether (“a solvent mixture including 1,2-dimethoxyethane ("DME") and 1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether ("TTE") at a volume ratio of 2:8” [0141]).
Kim teaches wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90% (the composition of the entire solvent in [0141] of the latter citation above is the ether), and that the ether of this composition in the entire solvent does not deteriorate a cathode active material by reacting with the cathode active material during a charging/discharging process ([0131]).
Therefore, it would have been obvious for a person of ordinary skill in the art to add wherein a volume ratio of the ether to an entire solvent in the non-aqueous electrolyte is not less than 90% to the lithium secondary battery of Matsuoka in view of Kim in order to avoid a deterioration of a cathode active material of the cathode by the non-aqueous electrolyte reacting with the cathode active material during a charging/discharging process.
Regarding claim 9, modified Sakamoto discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein R1 and R2 are each independently an alkyl group with a carbon number of 1 or 2, and R3 is an alkylene group with a carbon number of 2 (Sakamoto “wherein the solvent is CH3O(CH2)2OCH3” claim 1, which has a structural formula with each a R1 and R2 alkyl group with a carbon number of 1 (CH3) and a R3 alkylene group with a carbon number of 2 ((CH2)2).
Regarding claim 12, modified Sakamoto discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein the first lithium salt contains a boron atom (Sakamoto “the first lithium salt is comprised of a lithium ion and an ate complex anion” claim 1 and “wherein the ate complex anion includes a boron atom” claim 6).
Regarding claim 13, modified Sakamoto discloses the lithium secondary battery with all the features set forth in claim 12 above, and wherein the first lithium salt contains at least one selected from the group consisting of a bis(oxalate)borate anion and a difluoro(oxalate)borate anion (Sakamoto “wherein the ate complex anion is at least one selected from the group consisting of a bis(oxalate)borate anion and a difluoro(oxalate)borate anion” claim 7).
Regarding claim 14, modified Sakamoto discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein the cathode comprises a cathode active material having a crystal structure which belongs to a space group R-3m (Sakamoto “wherein the cathode comprises a cathode active material having a crystal structure which belongs to a space group R-3m” claim 13).
Regarding claim 15, modified Sakamoto discloses the lithium secondary battery with all the features set forth in claim 1 above, and wherein the sum of concentration of the first lithium salt and the second lithium salt which are contained in the non-aqueous electrolyte is not less than 3.0 mol/L and not more than 4.0 mol/L (Sakamoto “wherein the sum of concentration of the first lithium salt and the second lithium salt which are contained in the non-aqueous electrolyte is not less than 3.0 mol/L and not more than 4.0 mol/L” claim 14).
Conclusion
THIS ACTION IS MADE FINAL. 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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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/DUSTIN Q DAM/Primary Examiner, Art Unit 1721