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 .
Status of Claims
Claims 4-7, 13, 15, 17-19, 21 and 27-32 are cancelled.
Claims 1-3, 8-12, 14, 16, 20 and 22-26 are pending and under examination.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 8-12, 14, 16, 20 and 22-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the first solvent compound”, at line12. At line 3, the claim requires the solvent mixture to comprise “at least one first solvent”. At this citation, the claim clearly sets for that one or more first solvents may be present. Yet, at line 12, the claim refers to “the first solvent”. When multiple first solvents are present, it is not clear which of the multiple first solvents is being referenced by “the first solvent”.
Claim 1 is further rejected for the recitation “wherein second solvent compound”, and “the third solvent compound” for the same rationale outlined for “the first solvent” with the difference being that it involves second and third solvent.
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 2-3 and 8-12 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. Claim 1 already requires the lithium salt to have at least 2 fluorine groups, an organic anion that is symmetric molecule comprising two chains having sulfonyl halide group that is attached/extend from a central nitrogen atom. Given that the limitations set forth in claims 2-3 and 8-12 are already set forth in the parent claim, claim 1, the claims are rejected for failing to further limit the subject matter of the claim upon which it depends.
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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 8-12, 14, 16, 20 and 24-26 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Matsuoka et al. (U.S. PGPub 2019/0393556).
With regard to claims 1-3, 8-12, 14, and 24-26, Matsuoka et al. teach an electrolyte solution comprising a solvent mixture [0546] comprising:
A first solvent component comprising an organic solvent having no carbonate groups, acetonitrile (AcN), [0546]. In addition, Matsuoka et al. teach in [0108]-[0109] that any non-aqueous solvent other than acetonitrile may also be contained in the solvent mixture, such as butyronitrile;
At least one second component comprising a compound configured to improve the electrochemical properties of the first solvent at low temperatures, dimethyl carbonate (DMC), ethylene carbonate (EC) [0546];
A third solvent compound configured to promote formation of a passivating SEI between the electrolyte and an electrode layer, vinylene carbonate (VC), [0546]; and
A lithium salt lithium hexafluorophosphate (LiPF6), and lithium bis (trifluoromethane sulfonyl) imide (LiNSO2CF3)2 dissolved in the solvent mixture [0546]. The lithium salt comprises a lithium cation and an organic anion. The organic anion comprises at least two halogen groups, being fluorine groups. The organic anion is a symmetric molecule centered about a nitrogen atom. The organic anion comprises two chains extending from a central atom each comprising sulfur containing group, i.e., sulfonyl halide (sulfonyl group).
With regard to claims 16 and 20, Matsuoka et al. teach DMC and EC. As these solvents are the same as those instantly disclosed, these compounds would inherently inhibit dendrite formation at temperatures below -40oC, as well as being expended during a formation of the SEI. MPEP 2112.01, I, II.
With regard to claims 24-26, Matsuoka et al. teach in [0502]-[0508] the use of the electrolyte solution in a lithium ion battery. The secondary battery may include among others an electric double layer capacitor (EDLC) and a lithium-ion capacitor (LIC).
Claims 1-3, 8-12, 14, 16, 20 and 24-25 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Smart et al. (U.S. PGPub 2012/0007560).
With regard to claims 1-3, 8-12, 14 and 24 Smart et al. teach an electrolyte solution comprising a solvent mixture [0019] comprising:
At least one first solvent component comprising an organic solvent having no carbonate groups, methyl butyrate (MB), ethyl butyrate (EB), and butyl butyrate and mixtures thereof, [0019].
At least one second component comprising a compound configured to improve the electrochemical properties of the first solvent at low temperatures, such as dimethyl carbonate (DMC), ethylene carbonate (EC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC) [0019];
At least one third solvent compound configured to promote formation of a passivating SEI between the electrolyte and an electrode layer, vinylene carbonate (VC), and mono-fluoroethylene carbonate (FEC) [0019]; and
A lithium salt lithium hexafluorophosphate (LiPF6), and lithium bis (trifluoromethane sulfonyl) imide (LiNSO2CF3)2. dissolved in the solvent mixture [0019]. The lithium salt comprises a lithium cation and an organic anion. The organic anion comprises at least two halogen groups, being fluorine groups. The organic anion is a symmetric molecule centered about a nitrogen atom. The organic anion comprises two chains extending from a central atom each comprising sulfur containing group, i.e., sulfonyl halide (sulfonyl group).
With regard to claims 16 and 20, Smart et al. teach DMC, EC, DEC, and EMC. As these solvents are the same as those instantly disclosed, these compounds would inherently inhibit dendrite formation at temperatures below -40oC, as well as being expended during a formation of the SEI. MPEP 2112.01, I, II.
With regard to claim 25, Smart et al. teach the use of the electrolyte solution in a lithium-ion battery. See abstract and claim 1.
Claims 1-3, 8-12, 14, 16, 20 and 25 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hallac et al. (U.S. PGPub 2016/0149263).
With regard to claims 1-3, 8-12 and 14 Hallac et al. teach an electrolyte solution comprising a solvent mixture (abstract), [0009], [0010] and [0011] comprising:
At least one first solvent component comprising an organic solvent having no carbonate groups, methyl butyrate (MB), ethyl butyrate (EB), and butyl butyrate (BB) and mixtures thereof, [0058].
At least one second component comprising a compound configured to improve the electrochemical properties of the first solvent at low temperatures, such as dimethyl carbonate (DMC), ethylene carbonate (EC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC) [0059];
At least one third solvent compound configured to promote formation of a passivating SEI between the electrolyte and an electrode layer, vinylene carbonate (VC), and fluoroethylene carbonate (FEC) [0059], and [0074]; and
A lithium salt lithium hexafluorophosphate (LiPF6), lithium bis (trifluoromethane sulfonyl) imide (LiNSO2CF3)2, and lithium bis(fluorosulfony) imide dissolved in the solvent mixture [0027], [0052] and [0053]. The lithium salt comprises a lithium cation and an organic anion. The organic anion comprises at least two halogen groups, being fluorine groups. The organic anion is a symmetric molecule centered about a nitrogen atom. The organic anion comprises two chains extending from a central atom each comprising sulfur containing group, i.e., sulfonyl halide (sulfonyl group).
With regard to claims 16 and 20, Smart et al. teach DMC, EC, DEC, and EMC. As these solvents are the same as those instantly disclosed, these compounds would inherently inhibit dendrite formation at temperatures below -40oC, as well as being expended during a formation of the SEI. MPEP 2112.01, I, II.
With regard to claim 25, Hallac et al. teach the use of the electrolyte solution in a lithium-ion battery. See abstract, and [0009].
Claims 1-3, 8-12, 16, 22-23 and 25 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Schmidt (U.S. PGPub 2018/0034106) as evidenced by Hallac et al. (U.S. PGPub 2016/0149263). MPEP 2131.01.
With regard to claims 1-3, 8-12, Schmidt teaches an electrolyte solution comprising a solvent mixture [0055] comprising:
At least one first solvent component comprising an organic solvent having no carbonate groups, butyronitrile, [0069].
At least one second component comprising a compound configured to improve the electrochemical properties of the first solvent at low temperatures, such as dimethyl carbonate (DMC), ethylene carbonate (EC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC) [0066];
In addition, Schmidt teaches that a fluorinated solvents can be carbonate. Hallac et al. teach examples of fully or partially fluorinated carbonate such as fluoroethylene carbonate (FEC). See [0065]. Therefore, as shown by Hallac et al, the fluorinated carbonate of Schmidt encompasses the fluoroethylene carbonate (FEC). The fluoro carbonate of Schmidt would inherently be configured to promote formation of a passivating SEI between the electrolyte and an electrode layer; and
A lithium salt lithium bis(fluorosulfonyl)imide in the solvent mixture [0010] and [0056]. The lithium salt comprises a lithium cation and an organic anion. The organic anion comprises at least two halogen groups, being fluorine groups. The organic anion is a symmetric molecule centered about a nitrogen atom. The organic anion comprises two chains extending from a central atom each comprising sulfur containing group, i.e., sulfonyl halide (sulfonyl group).
With regard to claims 16 and 20, Schmidt teaches DMC, EC, DEC, and EMC. As these solvents are the same as those instantly disclosed, these compounds would inherently inhibit dendrite formation at temperatures below -40oC, as well as being expended during a formation of the SEI. MPEP 2112.01, I, II.
With regard to claims 22 and 23, Schmidt teaches a organosilicon, silane solvent 4-[(fluoro(dimethyl)silyl]butanenitrile. [0086], [0088], and [0101].
With regard to claim 25, Schmidt teaches the use of the electrolyte solution in a lithium-ion battery. [0103].
Response to Arguments
Applicant argues that the cited references do not teach the claims as amended.
This has been considered, however, it is not found persuasive. A careful review of the cited references, it is found that amended claims continue to be anticipated by the cited prior art for the reason(s) noted above.
Applicant also asserted of unexpected results. More specifically, Applicant notes that [0078] of the specification and Figure 6 evidences such. The electrolyte composition B44 charges and discharges at temperatures lower than -45 degrees C. Meanwhile, comparative A53 cannot charge and discharge at temperatures lower than -45 degrees C.
Applicant’s assertion has been considered, along with alleged evidence of unexpected results. Applicant is reminded that the type of prior art rejection issued against the claims are anticipatory rejections. Applicant may not overcome anticipatory rejections with evidence of unexpected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 00/36683 to Mikhaylik et al. discloses non-aqueous electrolytes for electrochemical cells.
Hong-Bo et al., “Lithium bis(fluorosulfonyl)imide (LiFSI) as conducting salt for nonaqueous liquid electrolytes for lithium-ion batteries: Physicochemical and electrochemical properties”.
U.S. PGPub 2014/0356735 to Pena Hueso et al. discloses nitrile-substituted silanes and electrolyte compositions and electrochemical devices containing them.
U.S. PGPub 2016/0308249 to Johnson et al. organosilicon-containing electrolyte compositions having enhanced electrochemical and thermal stability.
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.
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/Emily Le/Supervisory Patent Examiner
Art Unit 1723