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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 6, 2026 has been entered.
Summary
The Applicant’s arguments and claim amendments received December 5, 2025 have been entered into the file. Currently, claims 1, 4, 8, 10, 13, and 17 are amended; and claims 3 and 12 are cancelled; resulting in claims 1-2, 4-11, and 13-18 pending for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 4 and 13 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claims 4 and 13, formula (i) and formula (ii) limit the values of m and n, corresponding to the mass percentages of vinylene carbonate and fluoroethylene carbonate, respectively. Claims 1 and 10, from which claims 4 and 13 depend, require the electrolyte to comprise both vinylene carbonate and fluoroethylene carbonate, however, formulas (i) and (ii) allow the mass percentage of each to be zero, failing to include the limitation of claims 1 and 10. For the purposes of examination, formula (i) is interpreted as 0<m<2, and (ii) is interpreted as 0<n<2.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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.
Claims 1, 4-6, 10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sun, et al. (US 2022/0200053 A1).
Regarding claims 1, 4-5, 10, and 13-14, Sun teaches a lithium ion battery (electrochemical apparatus) which may be used as a power source for electric and hybrid electric vehicles (electronic apparatus) (¶ [0003], Ln. 1-3). Sun teaches that the lithium ion battery includes a cathode (positive electrode plate) and an anode (negative electrode plate) with a separator interposed between the cathode and anode, immersed in an electrolyte (¶ [0013], Ln. 1-7). The anode includes an anode active material included in a slurry, which is cast, dried, and calendered (negative electrode active material layer) on an anode current collector (¶ [0017], Ln. 6-8). Sun teaches that the electrolyte includes an ion conducting salt and at least four additives, teaching LiFSI (lithium bis(fluorosulfonyl)imide) as the salt and VC (vinylene carbonate), FEC (fluoroethylene carbonate), PS (1,3-propane sultone) (sulfur-oxygen double bond-containing compound), and ES (ethylene sulfite) as the four additives (¶ [0019], Ln. 1-6). In the example electrolyte composition provided, each of the four additives is included at 0.5-1.5 wt% (¶ [0033], Ln. 1-7). Sun teaches that the conducting salts and additives are dissolved in a non-aqueous electrolyte including one or more cyclic carbonate solvents and one or more linear carbonate solvents (¶ [0031], Ln. 1-5), specifically providing a composition including 30-50 wt% ethyl methyl carbonate, 20-30 wt% ethylene carbonate, 0-10 wt% propylene carbonate, and 0-10 wt% diethyl carbonate (¶ [0033], Ln. 7-10).
In this case, the amount of ethylene carbonate is represented by the variable b%, and is included in a mass percentage of 20-30 wt%, overlapping the claimed range of 1-25%; the amount of vinylene carbonate is represented by the variable m%, and is included in a mass percentage of 0.5-1.5%, within the claimed range of greater than 0% and less than 2% (satisfying formula (i)); and the amount of fluoroethylene carbonate is represented by the variable n%, and is included in a mass percentage of 0.5-1.5%, within the claimed range of greater than 0% and less than 2% (satisfying formula (ii)). Additionally, the sum of the mass percentage of vinylene carbonate and fluoroethylene carbonate ranges from 1-3%, overlapping the claimed range of 0.01-2%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I)).
Sun does not expressly teach the mass of anode active material included in the anode, and therefore does not expressly teach that the ratio of the mass percentage of ethylene carbonate included in the electrolyte to the mass of negative electrode active material included in the negative electrode is 1.6-6.4 or that the ratio of the sum of the mass percentage of vinylene carbonate and fluoroethylene carbonate included in the electrolyte to the mass of negative electrode active material included in the negative electrode is 0.001-0.36.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the mass of anode active material included in the anode in the battery of Sun. One of ordinary skill in the art would recognize that the mass of anode active material may be adjusted based on the capacity requirements of the battery. In general, the anode active material accounts for approximately 20 wt% of a lithium ion battery and the mass of commonly used lithium ion cells for electric vehicles ranges from about 45-70 grams, resulting in a mass of anode active material ranging from 9-14 grams. Using this estimated range for commonly used lithium ion cells, the ratio of the mass percentage of ethylene carbonate included in the electrolyte to the mass of anode active material included in the anode in the battery of Sun ranges from 1.4-3.3, overlapping the claimed range of 1.6-6.4. Additionally, using the estimated range, the ratio of the sum of the mass percentage of vinylene carbonate and fluoroethylene carbonate included in the electrolyte to the mass of anode active material included in the anode in the battery of Sun ranges from 0.07-0.33, within the claimed range of 0.001-0.36. It would be obvious to one of ordinary skill in the art to include active material within the typical ranges. Further, it would be obvious to one of ordinary skill in the art to modify the amount of active material, as adjusting mass is common in optimizing a battery cell. One of ordinary skill in the art would be motivated to increase the amount of anode active material in a cell in order to increase the capacity or to decrease the amount of anode active material in a cell in order to decrease the total weight or size of the anode, and in doing so, would arrive at a ratio of the mass percentage of ethylene carbonate included in the electrolyte to the mass of anode active material included in the anode within the claimed range of 1.6-6.4 and a ratio of the sum of the mass percentage of vinylene carbonate and fluoroethylene carbonate included in the electrolyte to the mass of anode active material included in the anode within the claimed range of 0.001-0.36.
Regarding claims 6 and 15, Sun teaches all of the limitations of claims 5 and 14 above and further teaches that the amount of 1,3-propane sultone included in the electrolyte is 0.5-1.5 wt% (¶ [0033], Ln. 6). Sun further teaches that the cathode includes a cathode active material included in a slurry, which is cast, dried, and calendered (positive electrode active material layer) on a cathode current collector (¶ [0016], Ln. 13-17). Sun does not expressly teach the mass of cathode active material included in the cathode, and therefore does not expressly teach that the ratio of the mass percentage of 1,3-propane sultone included in the electrolyte to the mass of positive electrode active material included in the positive electrode is 0.1-0.6.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the mass of cathode active material included in the cathode in the battery of Sun. One of ordinary skill in the art would recognize that the mass of cathode active material may be adjusted based on the capacity requirements of the battery. In general, the cathode active material accounts for approximately 20-25 wt% of a lithium ion battery and the mass of commonly used lithium ion cells for electric vehicles ranges from about 45-70 grams, resulting in a mass of cathode active material ranging from 9-17.5 grams. Using this estimated range, the ratio of the mass percentage of 1,3-propane sultone included in the electrolyte to the mass of cathode active material included in the cathode in the battery of Sun ranges from 0.03-0.17, overlapping the claimed range of 0.1-0.6. It would be obvious to one of ordinary skill in the art to include the active material within the typical ranges. Further, it would be obvious to one of ordinary skill in the art to modify the amount of active material, as adjusting mass is common in optimizing a battery cell. One of ordinary skill in the art would be motivated to increase the amount of cathode active material in a cell in order to increase the capacity, or to decrease the amount of cathode active material in a cell in order to decrease the total weight or size of the cathode, and in doing so, would arrive at a ratio of the mass percentage of 1,3-propane sultone included in the electrolyte to the mass of cathode active material included in the cathode within the claimed range of 0.1-0.6.
Claims 2 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Sun, et al. (US 2022/0200053 A1) as applied to claims 1 and 10 above, and further in view of Lee, et al. (US 2019/0267614 A1).
Regarding claims 2 and 11, Sun teaches all of the limitations of claims 1 and 10 above. Sun does not expressly teach that the mass percentage of ethylene carbonate included in the electrolyte is within 1-10%.
Lee teaches a lithium secondary battery including a positive electrode, negative electrode, and separator disposed between the positive electrode and negative electrode (¶ [0010], Ln. 1-5), and including an electrolyte including an organic solvent and a lithium salt (¶ [0057], Ln. 1-2). Lee teaches that the organic solvent is not particularly limited so long as it allows ions involved in the electrochemical reaction to move (¶ [0058], Ln. 1-4). Lee teaches that carbonate-based solvents are preferred, specifically teaching that a mixture of a cyclic carbonate (such as ethylene carbonate or propylene carbonate) and a low-viscosity linear carbonate-based compound (such as ethyl methyl carbonate, dimethyl carbonate, or diethyl carbonate) is more preferably used (¶ [0058], Ln. 20-27). The cyclic carbonate has high ionic conductivity and high dielectric constant, which increases charge/discharge performance of the battery (¶ [0058], Ln. 20-24). Lee teaches that when the cyclic carbonate and chain carbonate are mixed in a volume ratio of about 1:1 to about 1:9, the performance of the electrolyte is excellent (¶ [0058], Ln. 27-30).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrolyte solution of Sun to include less ethylene carbonate and more ethyl methyl carbonate and diethyl carbonate, such that the ratio of the cyclic carbonate (ethylene carbonate and propylene carbonate) to the chain carbonates (ethyl methyl carbonate and diethyl carbonate) is closer to 1:9. One of ordinary skill in the art would recognize that that the ratio of each solvent can be adjusted so long as it allows ions involved in the electrochemical reaction to move. Further, one of ordinary skill in the art would be motivated to adjust the ratios and increase the amount of chain carbonate in order to lower the viscosity of the electrolyte solution. It would be obvious to one of ordinary skill in the art to use a volume ratio of ethylene carbonate and propylene carbonate to the combined ethyl methyl carbonate and diethyl carbonate closer to 1:9, based on the teachings of Lee, resulting in a mass content of ethylene carbonate of 10% or less in the electrolyte.
Claims 7-9 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sun, et al. (US 2022/0200053 A1) as applied to claims 1, 6, 10, and 15 above, and further in view of Zhu, et al. (US 2022/0115694 A1).
Regarding claims 7 and 16, Sun teaches all of the limitations of claims 6 and 15 above. Sun teaches that the cathode active material includes a lithium intercalating compound, providing lithium iron phosphate as an example, and further teaching that other cathode active materials may be used (¶ [0015], Ln. 1-9). Sun does not expressly teach that the cathode comprises cobalt.
Zhu teaches a lithium ion battery including a cathode, anode, and electrolyte, wherein the electrolyte includes a lithium salt, solvent, and additives (¶ [0003], Ln. 1-4). In one example, Zhu teaches an electrolyte including LiPF6, ethylene carbonate, diethyl carbonate, vinylene carbonate, fluoroethylene carbonate, and a phosphorous-containing additive (¶ [0046], Ln. 1-13). Zhu teaches that the electrolyte solution can be used in a variety of batteries, and specifically teaches the use of lithium ion batteries containing LCO cathodes (comprising cobalt) (¶ [0027], Ln. 1-11).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include an LCO cathode material in the battery of Sun, based on the teachings of Zhu. As Zhu teaches a similar electrolytic solution, one of ordinary skill in the art would find it obvious to include an LCO cathode material with reasonable expectation of success. Additionally, one of ordinary skill in the art would recognize that LCO is a very common cathode active material for lithium ion cells used for electric vehicles.
Regarding claims 8 and 17, Sun teaches all of the limitations of claims 1 and 10 above. Sun does not expressly teach that the electrolyte comprises one of the lithium salts included in claims 8 and 17 in a mass percentage of 0.01-3%.
Zhu teaches a lithium ion battery including a cathode, anode, and electrolyte, wherein the electrolyte includes a lithium salt, solvent, and additives (¶ [0003], Ln. 1-4). Zhu teaches the addition of an SEI formation additive, which improves the properties of the SEI by contributing to the formation of robust layers that restrict oxidation of the electrolyte without increasing the electrical resistance of the electrodes (¶ [0019], Ln. 17-21). Zhu teaches that the anode SEI formation additive can include one or more of fluoroethylene carbonate, lithium bis(trifluoromethanesulfonyl)imide, and lithium difluoro(oxalate)borate (¶ [0019], Ln. 21-28). Zhu teaches that the additives may be added to the electrolyte in the range of 0.01-10 wt%, or more specifically 0.2-0.7 wt% (¶ [0030], Ln. 1-10).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrolyte of Sun to include an SEI formation additive, such as lithium bis(trifluoromethanesulfonyl)imide or lithium difluoro(oxalate)borate in an amount of 0.2-0.7 wt%, within the claimed range of 0.01-3%, based on the teachings of Zhu. One of ordinary skill in the art would be motivated to include the additive in order to form a more robust SEI and restrict oxidation of the electrolyte without increasing the electrical resistance of the electrodes.
Regarding claims 9 and 18, Sun teaches all of the limitations of claims 1 and 10 above. Sun does not expressly teach that the electrolyte comprises one of the polynitrile compounds included in claims 9 and 18 in a mass percentage of 0.01-6%.
Zhu teaches a lithium ion battery including a cathode, anode, and electrolyte, wherein the electrolyte includes a lithium salt, solvent, and additives (¶ [0003], Ln. 1-4). Zhu teaches the addition of an additive that reduces gas generation in the battery (¶ [0019], Ln. 1-7). Zhu teaches that the gas reduction additive may include at least one of 1,3-propane sultone, succinonitrile, and 1,3,6-hexanetricarbonitrile (¶ [0019], Ln. 28-34). Zhu teaches that the additives may be added to the electrolyte in the range of 0.01-10 wt%, or more specifically 0.2-0.7 wt% (¶ [0030], Ln. 1-10).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrolyte of Sun to include a gas reduction additive, such as succinonitrile or 1,3,6-hexanetricarbonitrile in an amount of 0.2-0.7 wt%, within the claimed range of 0.01-6%, based on the teachings of Zhu. One of ordinary skill in the art would be motivated to include the additive in order to reduce gas generation in the battery.
Response to Arguments
Response-Claim Rejections – 35 U.S.C. 103
Applicant’s arguments with respect to claims 1, 8, 10, and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Any argument with respect to the previous rejections that are still deemed valid will be addressed herein.
The Applicant argues, see pages 11-13 of the remarks filed December 5, 2025, that (1) the cited references do not teach adjusting the mass of the negative electrode active material or the b/a ratio; (2) there is no articulated motivation to adjust the mass of the negative electrode active material; and (3) there is no reasonable expectation of success in achieving the Applicant’s specific b/a range. Although new references are cited in the office action above, these arguments are considered pertinent to the new ground of rejection.
With respect to the arguments that (1) the cited references do not teach adjusting the mass of the negative electrode active material or the b/a ratio and that (2) there is no articulated motivation to adjust the mass of the negative electrode active material, these arguments are not persuasive. One of ordinary skill in the art would understand that the mass of active material in a battery cell may be adjusted based on the capacity and size requirements of the cell, and one of ordinary skill in the art would find it obvious to do so. One of ordinary skill in the art would recognize that the mass of active material may be increased to increase the capacity of the battery, and may be decreased in order to lower the size or weight of the electrode. The rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law (MPEP 2144(I)).
With respect to the argument that (3) there is no reasonable expectation of success in achieving the Applicant’s specific b/a range, this argument is not persuasive. As detailed in the office action above, based on the typical masses of active material included in lithium cells most commonly used for the purposes of the prior art, one of ordinary skill in the art would adjust the mass of negative electrode active material within a range that would achieve the claimed b/a ratio. Given the typical masses and that it would be obvious to one of ordinary skill in the art to increase the mass of negative electrode active material in order to increase capacity or decrease the mass of negative electrode active material in order to decrease size and weight, one of ordinary skill in the art would achieve the claimed b/a ratio with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH J JACOBSON whose telephone number is (703)756-1647. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm.
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785