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
The amendments filed on February 9, 2026 in response to the non-Final Office Action mailed on November 7, 2025 have been received and entered. Independent claims 1 and 10 have been amended. Claims 1-10 are pending in this application.
Response to Arguments
Claim 1 rejection under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 20150104716 A1).
Regarding claim 1 rejection, the applicant argues (see page 4) that Kang does not describe or suggest: "multilayer graphene, wherein the multilayer graphene comprises a first graphene layer and a second graphene layer, wherein the first graphene layer is in contact with the negative electrode active material, wherein the second graphene layer is in contact with the first graphene layer, wherein each of the first graphene layer and the second graphene layer has a terminated end portion with fluorine, wherein each of the first graphene and the second graphene layer comprises a hole," as recited by amended claim 1.
Applicant’s arguments, see page 4, filed on February 9, 2026, with respect to claim 1 rejection have been fully considered and are persuasive. The 35 U.S.C. 103 of claim 1 has been withdrawn.
Because of the dependency of claims 2-9 on claim 1, the 35 U.S.C. 103 rejections of these claims have been withdrawn.
Upon further consideration, a new ground of rejection is made in view of Kang et al. (US 20150104716 A1) in view of Itakura e al. (US 20130164610 A1), Oguni et al. (US 20120328956 A1) and Chronopoulos et al. (Chemistry, properties, and applications of fluorographene, see NPL documents for citation).
Claim 10 rejection under 35 U.S.C. 103 as being unpatentable over Ding, J. (US 20140295288 A1).
Regarding claim 10 rejection, the applicant argues (see page 4) that Ding does not describe or suggest: "wherein the negative electrode comprises a solvent comprising a cyano group, a current collector, a negative electrode active material, and multilayer graphene, wherein the solvent comprising a cyano group is ethylene carbonate substituted with one cyano group," as recited by amended claim 10.
Applicant’s arguments, see page 4, filed on February 9, 2026, with respect to claim 10 rejection have been fully considered and are persuasive. The 35 U.S.C. 103 of claim 10 has been withdrawn.
Upon further consideration, a new ground of rejection is made in view of Ding, J. (US 20140295288 A1) in view of Itakura e al. (US 20130164610 A1).
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 non-obviousness.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al. (US 20150104716 A1) in view of Itakura e al. (US 20130164610 A1), Oguni et al. (US 20120328956 A1) and Chronopoulos et al. (Chemistry, properties, and applications of fluorographene, see NPL documents for citation).
Regarding claim 1, Kang teaches a lithium secondary battery (100) comprising a negative electrode (112), a positive electrode (114), a separator (113) disposed between the negative electrode (112) and the positive electrode (114) and an electrolyte impregnated in the negative electrode (112), the positive electrode (114) and the separator (113) [0087 and Fig. 2]. The negative electrode (112) includes a negative electrode current collector and a negative electrode active material layer formed on the negative electrode current collector [0088]. The negative electrode active material is not particularly limited and may be any negative electrode active mate rial generally used in the art able to incorporate and deincorporate lithium. For example, a lithium metal, a lithium metal alloy, a transition metal oxide, a material that may incorporate and deincorporate lithium, a material that may reversibly inject and eject lithium ions, or one or more of these, may be used in combination [0091]. The material that may reversibly incorporate and deincorporate lithium may be graphene, among other candidates, and may have a flat form [0095]. The non-aqueous organic solvent in the electrolyte may be a polar aprotic solvent. For example, a carbonate-based solvent, an ester-based solvent, an ether-based solvent, a ketone-based solvent, an alcohol-based or a combination thereof may be used [0056]. Among the carbonate-based solvents, fluoroethylene carbonate, 4,5-difluoroethylene carbonate and 4,4,5,5-tetrafluoroethylene carbonate may be employed alone or in combination with other candidates [0057 and 0059]. From the description “an electrolyte impregnated in the negative electrode (112)” and the non-aqueous organic solvent as presented above, the limitation “wherein the negative electrode comprises a solvent comprising fluorine” can be considered met.
Kang does not teach the features wherein the graphene is “a multilayer graphene having a first and second layer, wherein the first graphene layer is in contact with the negative electrode active material, wherein the second graphene layer is in contact with the first graphene layer, wherein each of the first graphene layer and the second graphene layer has a terminated end portion with fluorine, wherein each of the first graphene and the second graphene layer comprises a hole, wherein solvation energy calculated in a state where four molecules of the solvent comprising fluorine are coordinated to a lithium ion is higher than -5.00 eV, and wherein negative charges of an oxygen atom in a molecule of the solvent comprising fluorine coordinated to the lithium ion is more reduced than negative charges of an oxygen atom in a molecule of ethylene carbonate”.
Itakura teaches a secondary battery (100) comprising a negative and a positive electrode (103 and 104), a separator (108) and a nonaqueous electrolyte (107) [0097, 0099 and Fig. 1A-B]. The negative electrode (103) includes a negative electrode current collector (101) and a negative electrode active material layer (102) [0099 and Fig. 1B] and it may further comprise multilayer graphene (2-100 sheets of graphene) formed on the surface of the negative electrode active material layer (102) [0110 and 0123]. The nonaqueous electrolyte (107) includes an ionic liquid and may comprise a fluorinated organic solvent [0041, 0076 and 0124]. As part of the secondary battery (100) manufacturing, the positive electrode (106), the separator (108) and the negative electrode (103) are immersed in the nonaqueous electrolyte (107) [0151].
From the above description, a negative electrode (103) having two graphene sheets is achievable, where the layer in contact with the negative electrode active material layer (102) can be selected as the “first graphene layer” and the subsequent layer as the “second graphene layer”. It is taught that forming the multilayer graphene on the surface of the negative electrode active material layer (102) can suppress influence of dissolution or precipitation of lithium or occlusion (insertion) or release (extraction) of lithium ions on the active material layer, which refers to pulverization or separation of the active material layer caused by its expansion or contraction [0123].
Oguni teaches a multilayer graphene (101) which includes two or more and 100 or less layers of the graphenes (103) [0036 and Fig. 1A]. The graphene (103) has a sheet-like shape of several μm on a side and includes openings (107) [0037 and Fig. 1B]. It is taught that a negative electrode (205) having a current collector (201), where multilayer graphenes (213) at least partly surrounding the negative electrode materials (211), can be prepared [0059 and Fig. 2A-C]. Regarding the openings on the multilayer graphene, it is taught that it serve as paths which allow the transfer of ions in a direction parallel to a single layer and perpendicular to the multilayer stack [0037].
Chronopoulos work is related to the preparation, properties and applications of fluorographene (FG) (graphene layer having a terminated end portion with fluorine) [Tittle, p. 61 and Fig. 1]. It is taught that the appropriate graphene can boost the electrochemical performance of electrodes comprising it [p. 66; col. 1; lines 1-4].
Kang is analogous art to the current invention because it is concerned with the same field of endeavor, namely a secondary battery comprising a positive electrode and a negative electrode, wherein the negative electrode comprises a solvent comprising fluorine, a current collector, a negative electrode active material and graphene.
Itakura is analogous art to the current invention because it is concerned with the same field of endeavor, namely a secondary battery comprising a positive electrode and a negative electrode, wherein the negative electrode comprises a solvent comprising fluorine, a current collector, a negative electrode active material, and multilayer graphene, wherein the multilayer graphene comprises a first graphene layer and a second graphene layer, wherein the first graphene layer is in contact with the negative electrode active material and wherein the second graphene layer is in contact with the first graphene layer.
Oguni is analogous art to the current invention because it is concerned with the same field of endeavor, namely a negative electrode comprising a current collector, a negative electrode active material and a multilayer graphene at least partly surrounding the negative electrode materials and having openings through the layers.
Chronopoulos is analogous art to the current invention because it is concerned with the same field of endeavor, namely the preparation, properties and applications of fluorographene (graphene layer having a terminated end portion with fluorine), specifically employed on electrodes.
From the above teachings of Itakura and Oguni, the negative electrode of Kang can be modified to have a bilayer graphene over its active material “wherein the first graphene layer be in contact with the negative electrode active material and the second graphene layer be in contact with the first graphene layer” and wherein both layers comprise openings (holes). From Chronopoulos teachings, because of its electrode application and scalability, the previously referred bilayer graphene of Kang, Itakura and Oguni can be further fluorinated so that “the first graphene layer and the second graphene layer has a terminated end portion with fluorine”.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode of Kang to include the features “the features wherein the graphene is a multilayer graphene having a first and second layer, wherein the first graphene layer is in contact with the negative electrode active material, wherein the second graphene layer is in contact with the first graphene layer, wherein each of the first graphene layer and the second graphene layer has a terminated end portion with fluorine and wherein each of the first graphene and the second graphene layer comprises a hole”, because Itakura teaches that forming the multilayer graphene on the surface of the negative electrode active material layer can suppress influence of dissolution or precipitation of lithium or occlusion (insertion) or release (extraction) of lithium ions on the active material layer, which refers to pulverization or separation of the active material layer caused by its expansion or contraction; Oguni further teaches that the openings on the multilayer graphene serve as paths which allow the transfer of ions in a direction parallel to a single layer and perpendicular to the multilayer stack and Chronopoulos teaches that the appropriate fluorination of graphene can boost the electrochemical performance of electrodes comprising it.
The Office realizes that all of the claimed effects or physical properties are not positively stated by Kang in view of Itakura, Oguni and Chronopoulos. However, Kang in view of Itakura, Oguni and Chronopoulos teach all of the claimed ingredients, claimed amounts, and substantially similar process of making. According to the original specification, on Fig. 6 is shown the results of the calculation performed in the state where one to four organic compounds are coordinated to a lithium ion. From a visual inspection of Fig. 6, where four fluoroethylene carbonate (FEC) compounds are coordinated to a lithium ion the calculated solvation energy higher than -5.00 eV. On Fig. 7 is shown the relationship between the solvation energy in a tetra-coordination case and the oxygen atom charge for different solvents [0147]. From Fig. 7, the solvents comprising fluorine shown “negative charges of an oxygen atom more reduced than negative charges of an oxygen atom in a molecule of ethylene carbonate”. Since from Kang teachings fluoroethylene, difluoroethylene and tetrafluoroethylene carbonate can be employed as single solvents or can be combined, therefore, the claimed effects and physical properties, i.e. the claimed “solvation energy” and “negative charges of an oxygen atom in a molecule of the solvent comprising fluorine coordinated to the lithium ion”, would expectedly be achieved by a composition with all the claimed ingredients, claimed amounts, and substantially similar process of making. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
Regarding claim 2, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. Kang further teaches that that its negative electrode (112) may comprise lithium vanadium oxide [0093], which can be considered a solid electrolyte material.
Regarding claim 3, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. From claim 1 discussion, since Kang discloses graphene as part of its employable negative electrode active materials [0091 and 0095], the fluorinated and openings containing bilayer graphene modified by Itakura, Oguni and Chronopoulos met the claimed limitation.
Regarding claim 4, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. Kang further teaches that its non-aqueous electrolyte may comprise a combination of lithium salts (plurality of electrolytes different from each other) [0073].
Regarding claim 5, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. Kang further teaches that its non-aqueous organic solvent in the electrolyte may consist of a carbonate-based solvent, an ester-based solvent, an ether-based solvent, a ketone-based solvent, an alcohol-based or a combination thereof [0056]. Since from claim 1 discussion it was taught that the negative electrode is impregnated with the electrolyte, the limitation “wherein the negative electrode further comprises a solvent not comprising fluorine” is achievable.
Regarding claim 6, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. Kang further teaches that its negative electrode (112) active material may comprise a material that may incorporate and disincorporate lithium, which include for example Si, Sn, Al, Ge, Pb and bismuth, among others [0094].
Regarding claim 7, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. Kang further teaches on the background of its invention that recently lithium ion batteries (LiB) are being adopted as power supplies for electric vehicles and power storage and thus, the scope of research is being expanded to LiB materials that provide high energy density and long lifespan [0005]. Also it teaches that its invention relates to an electrolyte for lithium secondary batteries that may improve lifespan and high rate characteristics of batteries [0003]. From the above description can be reasonable to state that the secondary battery of Kang may be incorporated in a vehicle as a power source.
Regarding claim 8, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 1. From the discussion presented for claim 1, 4,4,5,5-tetrafluoroethylene carbonate (four fluorine atoms) is one of the possible non aqueous solvents to be employed in Kang’s electrolyte [0056, 0057 and 0059].
Regarding claim 9, Kang, Itakura, Oguni and Chronopoulos teach all the elements of the current invention in claim 8. Kang further teaches that the fluorocarbonate compound (which may be 4,4,5,5-tetrafluoroethylene carbonate) may be used in an amount of about 1-30 vol.% (higher than or equal to 30 volume %) based on a total volume of the non-aqueous electrolyte [0061]. It is taught that when the fluorocarbonate compound is used in an amount in the range above, a suitable viscosity may be maintained and desired effects may be obtained [0061].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the fluorocarbonate compound amount range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ding, J. (US 20140295288 A1) in view of Itakura e al. (US 20130164610 A1).
Regarding claim 10, Ding teaches a lithium ion secondary battery comprising a positive electrode, a negative electrode and a non-aqueous electrolyte [0030, 0032 and 0033]. The negative electrode comprises a negative electrode active material capable of lithium ion intercalation or deintercalation. Specifically, the negative electrode active material may be one or more of the following: lithium metal, silicon materials, tin materials, alloy materials, or carbon materials such as natural graphite, artificial graphite, mesophase carbon microsphere, carbon nanotube, carbon fiber, graphene composite materials and silicon-carbon composite materials [0032 and 0082]. The negative electrode further comprises a current collector [0098]. The non-aqueous organic electrolyte includes a non-aqueous organic solvent obtained from formula (I):
PNG
media_image1.png
287
272
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Greyscale
where X1 is selected from a C, S or P group, Y1 is selected from an O, CH2 or CH2CH2 group, and R1-R4 are independently selected from hydrogen, halogen, cyano, nitro and a partially halogenated or perhalogenated carbon chain or ether group having one to six carbon atoms [0083-0086]. From formula (I) if X1 is C, Y1 is O, R1-R3 are selected as hydrogen and R4 is selected as a cyano group, an “ethylene carbonate substituted with one cyano group” is obtained. From this compound the limitation “a solvent comprising a cyano group” is met. It is taught that to complete the lithium ion secondary battery, the non-aqueous organic electrolyte is injected into the square coiled soft pack [0102]. From this description and because of the general interaction between a liquid electrolyte with the electrodes, the limitation “wherein the negative electrode comprises a solvent comprising a cyano group” can be considered met.
Ding does not teach wherein the graphene is “a multilayer graphene” and “wherein solvation energy calculated in a state where three molecules of the solvent comprising a cyano group are coordinated to a lithium ion is higher than -5.00 eV”.
Itakura teaches a secondary battery (100) comprising a negative and a positive electrode (103 and 104), a separator (108) and a nonaqueous electrolyte (107) [0097, 0099 and Fig. 1A-B]. The negative electrode (103) includes a negative electrode current collector (101) and a negative electrode active material layer (102) [0099 and Fig. 1B] and it may further comprise multilayer graphene (2-100 sheets of graphene) formed on the surface of the negative electrode active material layer (102) [0110 and 0123]. The nonaqueous electrolyte (107) includes an ionic liquid and may comprise a fluorinated organic solvent [0041, 0076 and 0124]. As part of the secondary battery (100) manufacturing, the positive electrode (106), the separator (108) and the negative electrode (103) are immersed in the nonaqueous electrolyte (107) [0151]. It is taught that forming the multilayer graphene on the surface of the negative electrode active material layer (102) can suppress influence of dissolution or precipitation of lithium or occlusion (insertion) or release (extraction) of lithium ions on the active material layer, which refers to pulverization or separation of the active material layer caused by its expansion or contraction [0123].
Ding is analogous art to the current invention because it is concerned with the same field of endeavor, namely a secondary battery comprising a positive electrode and a negative electrode, wherein the negative electrode comprises a solvent comprising a cyano group, a current collector, a negative electrode active material, and graphene. The solvent comprising a cyano group is ethylene carbonate substituted with one cyano group.
Itakura is analogous art to the current invention because it is concerned with the same field of endeavor, namely a secondary battery comprising a positive electrode and a negative electrode, wherein the negative electrode comprises a solvent comprising fluorine, a current collector, a negative electrode active material, and multilayer graphene, wherein the multilayer graphene comprises a first graphene layer and a second graphene layer, wherein the first graphene layer is in contact with the negative electrode active material and wherein the second graphene layer is in contact with the first graphene layer.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode of Ding to include the feature wherein the graphene is “a multilayer graphene”, because Itakura teaches that forming the multilayer graphene on the surface of the negative electrode active material layer can suppress influence of dissolution or precipitation of lithium or occlusion (insertion) or release (extraction) of lithium ions on the active material layer, which refers to pulverization or separation of the active material layer caused by its expansion or contraction.
The Office realizes that all of the claimed effects or physical properties are not positively stated by Ding and Itakura. However, Ding and Itakura teaches all of the claimed ingredients, claimed amounts, and substantially similar process of making. According to the original specification, in Fig. 6 is shown the calculation result of the solvation energy of a cyclic carbonate having a cyano group (CNEC), having a coordination number from 1 to 4 [0145]. The introduction of a large number of cyano groups or fluoro groups, which are electron-withdrawing groups, into a molecule can reduce the interface resistance between the electrode and the electrolyte relating to desolvation [0149]. Accordingly, with use of an organic compound having a cyano group or a fluoro group for an electrolyte, a secondary battery can be operated even at low temperatures (higher than or equal to —40 °C and lower than 25 °C) or high temperatures (higher than or equal to 25 °C and lower than or equal to 85 °C) [0150].
Because of the reasons above, the claimed effects and physical properties, “wherein solvation energy calculated in a state where three molecules of the solvent comprising a cyano group are coordinated to a lithium ion is higher than -5.00 eV” would expectedly be achieved by a composition with all the claimed ingredients, claimed amounts, and substantially similar process of making. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
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.
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/G.R./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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