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 .
Response to Amendment
Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 16 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.
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.
Claim(s) 1-8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2006-036709 A hereinafter Inoue [cited in IDS filed 09-27-2022] in view of U.S. Pre-Grant Publication No. 2013/0089793 hereinafter Gering.
Regarding Claims 1-4, Inoue teaches an electrolyte for a lithium battery (paragraph 75), the electrolyte comprising an ionic liquid represented by formula (I) (paragraphs 10-12, see formula (I) shown below).
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Inoue further teaches that in the general formula (1), Zn- is an anion and any anion can be used as long as it can form an ion pair with the phosphazenium cation (i.e., compounds having an active hydrogen atom on an oxygen atom, nitrogen atom, or sulfur atom, mineral acids, and superacids) (paragraph 30).
Inoue does not specifically disclose the anion as claimed and that electrolyte further comprising a non-aqueous solvent different from the ionic liquid.
However, Gering teaches an electrolyte solution for a lithium battery, the electrolyte solution comprising a non-aqueous solvent and a phosphazene ionic liquid (paragraphs 72-74). Gering further teaches that the phosphazene ionic liquid includes an anion such as bis(oxalate)borate (BOB-) and perchlorate (ClO4-) (paragraph 68). Therefore, it would have been obvious to one of ordinary skill in the art to use such anion in the ionic liquid before the effective filing date of the claimed invention because Gering discloses that such configuration can provide the phosphazene ionic liquid with sufficient electrochemical stability for use in the energy storage device (paragraph 68).
The combination teaches that the phosphazene ionic liquid may be used as an additive in the electrolyte solution and may be included in amount of 1 wt % to 10 wt % (paragraph 72 of Gering). The use of a known technique to improve similar products (methods) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, C.).
Regarding Claim 5, the combination teaches that the phosphazene ionic liquid includes an anion such as bis(oxalate)borate (BOB-) and perchlorate (ClO4-) (paragraph 68 of Gering). Therefore, it would have been obvious to one of ordinary skill in the art to use such anion in the ionic liquid before the effective filing date of the claimed invention because Gering discloses that such configuration can provide the phosphazene ionic liquid with sufficient electrochemical stability for use in the energy storage device (paragraph 68).
Regarding Claims 6-8, the combination teaches that the electrolyte solution comprises a non-aqueous solvent and a phosphazene ionic liquid (paragraphs 72-74 of Gering), wherein the non-aqueous solvent includes ester (paragraph 74), and wherein the ratio of the ionic liquid to the solvent is 1:1 (paragraph 74). In addition, the selection of a known material (i.e., vinylene carbonate as the cyclic ester), which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding Claim 16, Inoue teaches an electrolyte for a lithium battery (paragraph 75), the electrolyte comprising an ionic liquid represented by formula (I) (paragraphs 10-12, see formula (I) shown below).
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Inoue further teaches that in the general formula (1), Zn- is an anion and any anion can be used as long as it can form an ion pair with the phosphazenium cation (i.e., compounds having an active hydrogen atom on an oxygen atom, nitrogen atom, or sulfur atom, mineral acids, and superacids) (paragraph 30).
Inoue does not specifically disclose the anion as claimed and that electrolyte further comprising a non-aqueous solvent different from the ionic liquid.
However, Gering teaches an electrolyte solution for a lithium battery, the electrolyte solution comprising a non-aqueous solvent and a phosphazene ionic liquid (paragraphs 72-74). Gering further teaches that the phosphazene ionic liquid includes an anion such as bis(oxalate)borate (BOB-) and perchlorate (ClO4-) (paragraph 68). Therefore, it would have been obvious to one of ordinary skill in the art to use such anion in the ionic liquid before the effective filing date of the claimed invention because Gering discloses that such configuration can provide the phosphazene ionic liquid with sufficient electrochemical stability for use in the energy storage device (paragraph 68).
The combination teaches that the phosphazene ionic liquid may be used as an additive in the electrolyte solution and may be included in amount of 1 wt % to 10 wt % (paragraph 72 of Gering). The use of a known technique to improve similar products (methods) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, C.).
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 OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752