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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01-08-2026 has been entered.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3 and 5-14 is/are rejected under 35 U.S.C. 103 as obvious over U.S. Pre-Grant Publication No. 2016/0372780 hereinafter Sohn in view of JP 2013-225388 hereinafter Hashimoto [cited in IDS filed 06-22-2022], U.S. Pre-Grant Publication No. 2007/0243471 hereinafter Takahashi and U.S. Pre-Grant Publication No. 2013/0122378 hereinafter Oh.
Regarding Claims 1-3 and 5-14, Sohn teaches a secondary battery comprising: a positive electrode; a negative electrode; and a non-aqueous electrolyte (paragraphs 103-105), wherein the positive electrode comprises a positive electrode active material [i.e., LiNi1-xMnxO2 wherein 0<x<1 as the composite oxide having a layered rock salt structure] (paragraph 88), and wherein the non-aqueous electrolyte solution comprises an organic solvent (i.e., methyl acetate and 1,3-dioxolane) (paragraph 105).
With regards to the mass% of the dioxane, Takahashi teaches an electrolyte that comprises 1% by mass of 1,3-dioxane (see embodiments 1-13, paragraph 58). Therefore, it would have been obvious to one of ordinary skill in the art to include such amount of dioxane before the effective filing date of the claimed invention because Takahashi discloses that such configuration can improve cycle property at room temperature and remaining capacity rate (paragraph 58).
The combination teaches that the non-aqueous electrolyte solution comprises 1,3-dioxolane and dioxolane derivatives (paragraph 105) but does not specifically disclose 1,4-dioxolane.
However, Hashimoto teaches a battery comprising a positive electrode; a negative electrode; and a non-aqueous electrolyte solution, wherein the non-aqueous electrolyte solution comprises a cyclic ether such as 1,3-dioxolane or 1,4-dioxolane (paragraph 86). Therefore, it would have been obvious to one of ordinary skill in the art to select 1,4-dioxolane as the cyclic ether before the effective filing date of the claimed invention because Hashimoto discloses that the preferred cyclic ether 1,4-dioxolane has low viscosity and a high ability to solvate lithium ions, thereby improving ion dissociation and providing high ionic conductivity (paragraph 86).
The simple substitution of one known element for another (i.e., 1,4-dioxolane for 1,3-dioxolane) is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, B.).
Oh teaches an electrolyte that comprises 10 to 60 volume % of methyl acetate and it would have been obvious to one of ordinary skill in the art to use such amount of methyl acetate before the effective filing date of the claimed invention because such electrolyte solution may increase discharge capacity of a rechargeable battery and improve life-cycle and cycle characteristics of the rechargeable battery (paragraph 46).
Sohn teaches that the positive electrode comprises LiNi1-xMnxO2 wherein 0<x<1 as the active material (paragraph 88 teaches a composite oxide that does not contain Co).
Conclusion
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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