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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12-14, 17-18, 24 and 28-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee US20220094027A1 in view of Jeon US20150004475A1.
Regarding claim 12, Lee discloses an electrochemical cell (Lee, [0049], Fig. 2, battery 200) comprising:
at least one cathode (Lee, [0049], Fig. 2, electrode 20),
at least one anode (Lee, [0049], Fig. 2, electrode 10) comprising an electrochemically active material operating at a potential of about 1.5 V versus the Li+/Li couple (Lee, [0111]; following Instant [0077-0078]),
a gel-type electrolyte (Lee, [0097]) comprising a matrix which is a poly(vinylidene fluoride-co-hexafluoropropylene) polymer (P(VdF-HFP)) (Lee, [0100]) in which is embedded a liquid mixture comprising at least one lithium salt (Lee, [0106]) and a solvent comprising at least one linear carbonate (Lee, [0106], EMC),
the poly(vinvlidene fluoride-co-hexafluoropropylene) (P(VdF-HFP)) polymer matrix representing 5 to 95% by weight relative to the weight of the gel-type electrolyte (Lee, [0100], 20 to 62.5% by weight), the liquid mixture representing 95 to 5% by weight relative to the weight of the gel-type electrolyte (Lee, [0100], 37.5 to 80% by weight), and wherein the solvent is composed solely of ethyl methyl carbonate (EMC) (Lee, [0106], “an organic solvent including…ethyl methyl carbonate (EMC)…”). Lee does not disclose wherein the electrochemically active material operating at a potential of about 1.5 V versus the Li+/Li couple is selected from the group composed of:
a compound from group a) of formula Lix−aMaTiy−bM′bO4−c−dXc where 0<x≤3; 1≤y≤2.5; 0≤a≤1; 0≤b≤1; 0≤c≤2 and −2.5≤d≤2.5; M is at least one element selected from the group composed of Na, K, Mg, Ca, B, Mn, Fe, Co, Cr, Ni, Al, Cu, Ag, Pr, Y and La; M′ is at least one element selected from the group composed of B, Mo, Mn, Ce, Sn, Zr, Si, W, V, Ta, Sb, Nb, Ru, Ag, Fe, Co, Ni, Zn, Al, Cr, La, Pr, Bi, Sc, Eu, Sm, Gd, Ti, Ce, Y and Eu, X is at least one element selected from the group composed of S, F, Cl and Br;
a compound from group b) of formula HxTiyO4 where 0≤x≤1; 0<y≤2;
a compound from group c) of formula LixTia−yMyNbb−zM′zO((x+4a+5b)/2)−c−dXc where 0≤x≤5; 0≤y≤1; 0≤z≤2; 1≤a≤5; 1≤b≤25; 0.25≤a/b≤2; 0≤c≤2 and 0≤d≤2; a−y>0; b−z>0; d representing an oxygen vacancy, M and M′ each being at least one element selected from the group composed of Li, Na, K, Mg, Ca, B, Sc, Ti, V, Cr, Mn, Fe, Co, Ni, Cu, Zn, Al, Y, Zr, Nb, Mo, Ru, Ag, Sn, Sb, Ta, W, Bi, La, Pr, Eu, Nd and Sm; X is at least one element selected from the group composed of S, F, Cl and Br;
d) a mixture of several compounds from groups a) to c).
Jeon teaches wherein the electrochemically active material operating at a potential of about 1.5 V versus the Li+/Li couple is selected from the group composed of: a compound from group a) of formula Lix−aMaTiy−bM′bO4−c−dXc where 0<x≤3; 1≤y≤2.5; 0≤a≤1; 0≤b≤; 0≤c≤2 and −2.5≤d≤2.5, M is at least one element selected from the group composed of Fe, Al, Cu,, M′ is at least one element selected from the group composed of Sn, Zr, Sb, Fe, Al, , Y and Eu, X is at least one element selected from the group composed of F, Cl and Br (Jeon, [0046-0050]),
a compound from group c) of formula LixTia−yMyNbb−zM′zO((x+4a+5b)/2)−c−dXc where 0≤x≤5; 0≤y≤1; 0≤z≤2; 1≤a≤5; 1≤b≤25; 0.25≤a/b≤2; 0≤c≤2 and 0≤d≤2; a−y>0; b−z>0; d representing an oxygen vacancy, M and M′ each being at least one element selected from the group composed of Ti, Fe, Cu, Zn, Al, Zr, Nb, Sn, Sb; X is at least one element selected from the group composed of F, Cl and Br (Jeon, [0046-0050]). Therefore it would be obvious to modify the electrochemically active material operating at a potential of about 1.5 V versus the Li+/Li couple of Lee with the teaching of Jeon wherein the electrochemically active material operating at a potential of about 1.5 V versus the Li+/Li couple is selected from the group composed of: a compound from group a) of formula Lix−aMaTiy−bM′bO4−c−dXc where 0<x≤3; 1≤y≤2.5; 0≤a≤1; 0≤b≤; 0≤c≤2 and −2.5≤d≤2.5, M is at least one element selected from the group composed of Fe, Al, Cu,, M′ is at least one element selected from the group composed of Sn, Zr, Sb, Fe, Al, , Y and Eu, X is at least one element selected from the group composed of F, Cl and Br, a compound from group c) of formula LixTia−yMyNbb−zM′zO((x+4a+5b)/2)−c−dXc where 0≤x≤5; 0≤y≤1; 0≤z≤2; 1≤a≤5; 1≤b≤25; 0.25≤a/b≤2; 0≤c≤2 and 0≤d≤2; a−y>0; b−z>0; d representing an oxygen vacancy, M and M′ each being at least one element selected from the group composed of Ti, Fe, Cu, Zn, Al, Zr, Nb, Sn, Sb; X is at least one element selected from the group composed of F, Cl and Br thereby improving lifespan characteristics (Jeon, [0083]).
Regarding claim 13, modified Lee also teaches wherein the cathode comprises an electrochemically active material (Lee, [0114]) able to operate at a voltage of at least 4.5 V versus the Li+/Li couple (Lee, [0131]; following Instant [0037] and [0042]).
Regarding claim 14, modified Lee additionally teaches wherein the electrochemically active material able to operate at a voltage of at least 4.5 V versus the Li+/Li couple is selected from the group composed of a compound from group v) of formula LixM1−y−z−wM′yM″zM′″wO2 where M, M′, M″ and M′″ are selected from the group composed of Mn, Co, Ni provided that at least M or M′ or M″ or M′″ is selected from among Mn, Co, Ni, M, M′, M″ and M′″ differing from each other; and 0.8≤x≤1.4; 0≤y≤0.5; 0≤z≤0.5; 0≤w≤0.2 and x+y+z+w<2.1 (Lee, [0131], LiNi0.8Co0.1Mn0.1O2).
Regarding claim 17, Lee as modified by Jeon further teaches wherein the liquid mixture comprises lithium hexafluorophosphate LiPF6 (Lee, [0101], Li+X-, X = PF6) and ethyl methyl carbonate (EMC) as solvent (Lee, [0106], EMC), but does not discloses wherein the electrochemically active material of the cathode has the formula LiNixMyMn2−x−yO4 with 0<x≤1, 0≤y≤0.1 where M is at least one element selected from among Fe, Co and Al; the electrochemically active material of the anode has the formula Lix−aMaTiy−bM′bO4−c−dXc, where 0.5≤x≤3; 1≤y≤2.5; a=0; b=0; c=0 and d=0.
Jeon teaches wherein the electrochemically active material of the cathode has the formula LiNixMyMn2−x−yO4 with 0<x≤1, 0≤y≤0.1 where M is at least one element selected from among Fe, Co and Al (Jeon, [0037-0039], [0043-0045]), and wherein the electrochemically active material of the anode has the formula Lix−aMaTiy−bM′bO4−c−dXc, where 0.5≤x≤3; 1≤y≤2.5; a=0; b=0; c=0 and d=0 (Jeon, [0051-0054]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the electrochemically active material of Jeon to modified Lee, thereby improving lifespan characteristics (Jeon, [0083]).
Regarding claim 18, modified Lee further teaches wherein the poly(vinylidene fluoride-co-hexafluoropropylene) polymer matrix represents 5 to 25 % by weight of the weight of the gel-type electrolyte (Lee, [0100], 20 to 62.5% by weight).
Regarding claim 24, modified Lee also teaches wherein the solvent does not comprise a cyclic carbonate (Lee, [0106], “an organic solvent including…ethyl methyl carbonate (EMC)…or a mixture thereof”).
Regarding claim 28, modified Lee additionally teaches wherein said at least one lithium salt is lithium hexafluorophosphate LiPF6 (Lee, [0101], Li+X-, X = PF6).
Regarding claim 29, modified Lee further teaches wherein said at least one lithium salt is lithium hexafluorophosphate LiPF6 (Lee, [0101], Li+X-, X = PF6) and while modified Lee does not explicitly recite wherein the contribution of lithium ions made by LiPF6 represents at least 90 % of the total quantity of lithium ions of the electrolyte, it would be obvious to the skilled artisan wherein the lithium ions of the electrolyte are contributed by LiPF6 (Lee, [0101]) as the electrolyte consisting of the lithium salt LiPF6 (Lee, [0133]) satisfies the limitation wherein the contribution of lithium ions made by LiPF6 represents at least 90 % of the total quantity of lithium ions of the electrolyte, thereby allowing the battery electrolyte to function (Lee, [0101]).
Regarding claim 30, modified Lee also teaches wherein the compound from group a) is selected from the group consisting of LiTi2O4, LixTi2O4 with 0<x<2 (Jeon, [0053], LiTi2O4).
Response to Arguments
Applicant’s arguments, see p. 7, filed 18 May 2026, with respect to the 112 rejection of claims 16 and 21 have been fully considered and are persuasive. The 112 rejection of claims 16 and 21 has been withdrawn as it has been overcome by applicant’s amendment.
Applicant's arguments filed 18 May 2026 have been fully considered but they are not persuasive.
Applicant argues that because Jeon does not bodily incorporate all of the claim limitations the skilled artisan would not be motivated to modify Lee with the teaching of Jeon. This is not persuasive.
As set forth above, Jeon teaches overlapping active material with that of the claimed invention, in particular Jeon teaches wherein the electrochemically active material operating at a potential of about 1.5 V versus the Li+/Li couple is selected from the group composed of: a compound from group a) of formula Lix−aMaTiy−bM′bO4−c−dXc where 0<x≤3; 1≤y≤2.5; 0≤a≤1; 0≤b≤; 0≤c≤2 and −2.5≤d≤2.5, M is at least one element selected from the group composed of Fe, Al, Cu,, M′ is at least one element selected from the group composed of Sn, Zr, Sb, Fe, Al, , Y and Eu, X is at least one element selected from the group composed of F, Cl and Br (Jeon, [0046-0050]), a compound from group c) of formula LixTia−yMyNbb−zM′zO((x+4a+5b)/2)−c−dXc where 0≤x≤5; 0≤y≤1; 0≤z≤2; 1≤a≤5; 1≤b≤25; 0.25≤a/b≤2; 0≤c≤2 and 0≤d≤2; a−y>0; b−z>0; d representing an oxygen vacancy, M and M′ each being at least one element selected from the group composed of Ti, Fe, Cu, Zn, Al, Zr, Nb, Sn, Sb; X is at least one element selected from the group composed of F, Cl and Br (Jeon, [0046-0050]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the electrochemically active material of Jeon to Lee thereby improving lifespan characteristics (Jeon, [0083]).
In response to applicant's argument that Jeon does not bodily incorporate the claim limitations, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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