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
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/30/2025 has been entered.
Response to Amendment
2. Applicant’s amendments with respect to claims filed on 12/30/2025 have been entered. Claims 1-8 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104.
Claim Rejections - 35 USC § 103
3. 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.
4. Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onuma et al. (Pub. No. US 20220246979 A1) in view of Ohsawa et al. (Pub. No. US 20190312302 A1).
Regarding claim 1, Onuma teaches a non-aqueous electrolyte secondary battery (see Fig. 1, [0036], further see [0042] describes the electrolytic solution as a liquid electrolyte, and see [0075] the electrolytic solution is non-aqueous electrolytic solution), comprising: a positive electrode (11, Fig. 2, [0042]), a negative electrode (12, Fig. 2, [0042]), and a non-aqueous electrolyte (see [0042], electrolytic solution is a liquid electrolyte, and see [0075] the electrolytic solution is non-aqueous electrolytic solution), wherein the negative electrode (12, Fig. 2, [0042]) includes a negative electrode material mixture (12B, Fig. 2, see [0052]) containing a negative electrode active material (see [0052]) capable of electrochemically absorbing (insertable, see [0052]) and releasing (extractable, see [0052]) lithium ions (see [0052]), and carbon nanotubes (see [0061]), the negative electrode active material (see [0052]) includes a silicon-containing material (see [0053]) and a content of the carbon nanotubes (see [0061]) in the negative electrode material mixture (12B, Fig. 2, see [0052]) is 0.005 mass% or more and 0.05 mass% or less (see [0069] 0.01 wt % to 0.03 wt %), but Onuma fails to teach in the embodiment of Fig. 1 that the negative electrode active material contains a carbonaceous material.
However, Onuma teaches in a different embodiment wherein the negative electrode active material (see [0052]) contains a carbonaceous material (see [0056]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Onuma to add the carbon containing material to the negative electrode active material as taught by Onuma (see [0056]) for reducing expansion or contraction of the negative electrode active material layer while charging and discharging (see [0060]). Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art does not require a leap of inventiveness and involves only routine skill in the art. And Onuma teaches that modifications can be made (see [0233]).
Onuma fails to teach wherein the non-aqueous electrolyte includes a first component, wherein the first component is at least one cyclic ester selected from the group consisting of a cyclic sulfite ester and an alkene sultone.
However, Ohsawa teaches wherein the non-aqueous electrolyte (electrolyte solution, see [0072], see [0075-0079] where the electrolyte solution is non-aqueous) includes a first component (additive, see [0083]), wherein the first component (additive, see [0083]) is at least one cyclic ester (ethylene sulfite, see [0084] wherein the additive is a SEI-film forming additive, and wherein the SEI-film forming additive is ethylene sulfite) selected from the group consisting of a cyclic sulfite ester (ethylene sulfite, see [0084]) and an alkene sultone, wherein a content of the first component (additive, see [0083]) in the non-aqueous electrolyte (electrolyte solution, see [0072], see [0075-0079] where the electrolyte solution is non-aqueous) is 5 mass% or less (0.1% to 5 mass%, see [0085]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Onuma to add an SEI-film forming additive of ethylene sulfite to the electrolytic solution in a range of 0.1% to 5% by mass as taught by Ohsawa to promote SEI film formation (see [0084] of Ohsawa). Further Onuma teaches that modifications can be made (see [0233] of Onuma).
Regarding claim 2, Onuma in view of Ohsawa teaches wherein a proportion of the silicon-containing material (see [0053]) occupying the negative electrode active material (see [0052]) is 4 mass% or more (see Table 1-3 on Page 17, the mass percent of Silicon when mixed with a carbon material is 4 mass% or more).
Regarding claim 3, Onuma in view of Ohsawa teaches wherein the cyclic ester (ethylene sulfite, see [0084] wherein the additive is a SEI-film forming additive, and wherein the SEI-film forming additive is ethylene sulfite, see Ohsawa, see modification above) is at least one selected from the group consisting of C2-4 alkylene sulfite (ethylene sulfite, see [0084] of Ohsawa, see modification above) and C3-5 alkene sultone.
Regarding claim 4, Onuma in view of Ohsawa teaches wherein a content of the first component (additive, see [0083] of Ohsawa, see modification above) in the non-aqueous electrolyte (see [0042], electrolytic solution is a liquid electrolyte, and see [0075] the electrolytic solution is non-aqueous electrolytic solution) is 5 mass% or less (0.1% to 5 mass%, see [0085] of Ohsawa, see modifications above).
Regarding claim 5, Onuma in view of Ohsawa teaches wherein the carbon nanotubes (see [0061]) include single-walled carbon nanotubes (see [0061]).
Regarding claim 6, Onuma in view of Ohsawa teaches wherein a ratio of the single-walled carbon nanotubes (see [0061]) occupying the carbon nanotubes (see [0061]) is 90% or more (see [0061], single-walled carbon nanotubes make up 100% of the carbon nanotubes).
Regarding claim 7, Onuma in view of Ohsawa teaches wherein the non-aqueous electrolyte (see [0042], electrolytic solution is a liquid electrolyte, and see [0075] the electrolytic solution is non-aqueous electrolytic solution) further includes a chain carboxylic acid ester (see [0076]).
5. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Onuma et al. (Pub. No. US 2022/0246979) view of Ohsawa et al. (Pub. No. US 20190312302 A1) as applied to claim 7 above, and further in view of Kitada et al. (Pub. No. US 2021/0288322).
Regarding claim 8, Onuma in view of Ohsawa fails to teach wherein the non-aqueous electrolyte contains at least methyl acetate as the chain carboxylic acid ester.
However, Kitada teaches wherein the non-aqueous electrolyte (non-aqueous electrolytic solution, see [0287]) contains at least methyl acetate (methyl acetate, see [0289]) as the chain carboxylic acid ester (chain carboxylate ester, see [0289]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Onuma in view of Ohsawa to substitute the chain carboxylic acid ester as taught by Onuma in view of Chen for methyl acetate as taught by Kitada as an art effective equivalent for the benefit of making it easier for lithium ions to move which sufficiently suppresses the precipitation of lithium metal (see [0290] of Kitada). Further Onuma in view of Ohsawa teaches that modifications can be made (see [0233] of Onuma).
Response to Arguments
6. Applicant’s arguments with respect to claim(s) 1-8 have been considered but are moot because the new ground of rejection does not rely on the same combination of reference applied to the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723