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 and Claim Status
The amendment filed 21 October 2025 has been entered. Applicant’s amendments to the claims have overcome each and every objection set forth in the Office Action mailed 23 June 2025. Claims 12–15 have been added. Claim 1–15 are pending in the application.
Claim Objections
Claim 12 is objected to because of the following informalities:
“ (wherein, in the” in line 5 should instead read “wherein, in the”; and
“optionally having a substituents” in line 7 should instead read “optionally having a substituent”. Appropriate correction is required.
Claim 14 is objected to because of the following informality:
“is a metal particles alloyable” in line 4–5 should instead read “is metal particles alloyable”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1–3, 6–12, and 14–15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ohtaniuchi et al. (US 2012/0313570 A1).
Regarding Claims 1 and 3, Ohtaniuchi discloses a nonaqueous electrolytic solution (see nonaqueous electrolytic solution, [0040]) for a nonaqueous electrolytic solution battery (see nonaqueous electrolyte battery, [0040]) comprising a positive electrode (see positive electrode 21, [0147], FIG. 1) and a negative electrode (see negative electrode 22, [0147], FIG. 1) that are capable of occluding and releasing metal ions ([0152], [0166]),
wherein the nonaqueous electrolytic solution comprises an alkali metal salt (see electrolyte salt, [0041], specifically lithium salt, [0135]) and a nonaqueous solvent (see nonaqueous solvent, [0041]).
Ohtaniuchi further discloses wherein the nonaqueous electrolytic solution comprises a compound represented by the following Formula (1):
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wherein, R1 represents a monovalent hydrocarbon group; R2 represents a monovalent hydrocarbon group; X1 represents a divalent hydrocarbon group optionally having a substituent; n1 represents 2; p1 represents 1, q1 represents 1, and p1 + q1 = 2; A1 represents a divalent atomic group represented by the following Formula (2-1):
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wherein, Z1 represents a carbon atom; Y101 represents an oxygen atom; Y1 and Y2 each represent a single bond;
r1 is 1;
r2 is 0; and
* represents a binding site with R1 or X1 in Formula (1), and
wherein the divalent atomic group represented by Formula (2-1) has a ketone structure,
by teaching that the nonaqueous electrolytic solution comprises compound (8) (see compound according to the present technology, [0041], specifically compound (8), [0075]):
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wherein R81 represents an alkyl, alkenyl, alkynyl, or aryl group, B represents —C(═O)—, A represents —C(Rd)(Re)— wherein one of Rd and Re represents a hydrogen group, and the other of Rd and Re represents a hydrogen, alkyl, alkenyl, alkynyl, or aryl group, B’ represents —Si(Rd)(Re)— wherein Rd and Re are halogen groups (one of ordinary skill in the art will understand that the halogen groups can be fluorine), and R81’ represents an alkyl, alkenyl, alkynyl, or aryl group ([0075]).
Regarding Claim 2, Ohtaniuchi discloses the nonaqueous electrolytic solution of Claim 1. Ohtaniuchi further discloses wherein Formula (2-1) is the following Formula (2-2):
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wherein, Z2 represents a carbon atom; Y7 and Y8 each represent a single bond;
r3 is 1;
r4 is 0; and
* represents a binding site with R1 or X1 in Formula (1), by teaching, as set forth in the rejection of Claim 1 above, that the nonaqueous electrolytic solution comprises compound (8) (see compound according to the present technology, [0041], specifically compound (8), [0075]):
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wherein R81 represents an alkyl, alkenyl, alkynyl, or aryl group, B represents —C(═O)—, A represents —C(Rd)(Re)— wherein one of Rd and Re represents a hydrogen group, and the other of Rd and Re represents a hydrogen, alkyl, alkenyl, alkynyl, or aryl group, B’ represents —Si(Rd)(Re)— wherein Rd and Re are halogen groups (one of ordinary skill in the art will understand that the halogen groups can be fluorine), and R81’ represents an alkyl, alkenyl, alkynyl, or aryl group ([0075]).
Regarding Claim 6, Ohtaniuchi discloses the nonaqueous electrolytic solution of Claim 1. Ohtaniuchi further discloses a nonaqueous electrolytic solution battery (see nonaqueous electrolyte battery, [0040]) comprising:
a positive electrode (see positive electrode 21, [0147], FIG. 1);
a negative electrode (see negative electrode 22, [0147], FIG. 1); and
a nonaqueous electrolytic solution (see nonaqueous electrolytic solution, [0040]),
wherein the nonaqueous electrolytic solution is the nonaqueous electrolytic solution according to Claim 1.
Regarding Claim 7, Ohtaniuchi discloses the nonaqueous electrolytic solution battery of Claim 6. Ohtaniuchi further discloses wherein the positive electrode comprises a positive electrode active material (see positive electrode active material layer 21B, [0151], FIG. 1 and 2), and
the positive electrode active material is LiNi0.50Co0.20Mn0.30O2 ([0153]), which satisfies the limitation that the positive electrode active material is a metal oxide represented by the following composition formula (13):
Lia1Nib1M1c1O2 (13)
(wherein a1, b1, and c1 represent numerical values satisfying 0.90 ≤ a1 ≤ 1.10, 0.40 ≤ b1 ≤ 0.98, and 0.00 ≤ c1 ≤ 0.50, respectively, and satisfy b1 + c1 = 1; and M1 represents at least one element selected from the group consisting of Co, Mn, Al, Mg, Zr, Fe, Ti, and Er).
Regarding Claim 8, Ohtaniuchi discloses the nonaqueous electrolytic solution battery of Claim 6. Ohtaniuchi further discloses wherein the negative electrode comprises a negative electrode active material (see negative electrode active material layer 22B, [0164], FIG. 1 and 2) capable of occluding and releasing metal ions ([0166]), and
the negative electrode active material comprises a material comprising a Li-alloyable metal element and/or metalloid element (see metal or semi-metal element, [0170], specifically silicon (Si), tin (Sn), aluminum (Al), and zinc (Zn), [0171]).
Regarding Claim 9, Ohtaniuchi discloses the nonaqueous electrolytic solution battery according to Claim 8. Ohtaniuchi further discloses wherein the material comprising a Li-alloyable metal element and/or metalloid element is silicon metal (see silicon (Si), [0171]).
Regarding Claim 10, Ohtaniuchi discloses a nonaqueous electrolytic solution battery (see nonaqueous electrolyte battery, [0040]), comprising:
a positive electrode (positive electrode 21, [0147], FIG. 1) and a negative electrode (see negative electrode 22, [0147], FIG. 1) that are capable of occluding and releasing metal ions ([0152], [0166]); and
a nonaqueous electrolytic solution (see nonaqueous electrolytic solution, [0040]),
wherein
a negative electrode active material (see negative electrode active material layer 22B, [0164], FIG. 1 and 2) contained in the negative electrode comprises a material comprising a Li-alloyable metal element and/or metalloid element (see metal or semi-metal element, [0170], specifically silicon (Si), tin (Sn), aluminum (Al), and zinc (Zn), [0171]), and
the nonaqueous electrolytic solution comprises an alkali metal salt (see electrolyte salt, [0041], specifically lithium salt, [0135]) and a nonaqueous solvent (see nonaqueous solvent, [0041]).
Ohtaniuchi further discloses wherein the nonaqueous electrolytic solution comprises a compound represented by the following Formula (4):
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wherein, R3 represents a monovalent hydrocarbon group; R4 represents a monovalent hydrocarbon group; X2 represents a divalent hydrocarbon group optionally having a substituent; n2 represents 2; p2 represents 1, q2 represents 1, and p1 + q1 = 2; A2 represents a divalent atomic group represented by the following Formula (5-1):
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wherein, Z3 represents a carbon atom; Y102 represents an oxygen atom; Y10 and Y11 each represent a single bond;
r5 is 1;
r6 is 0; and
* represents a binding site with R3 or X2 in Formula (4), and
wherein the divalent atomic group represented by Formula (5-1) has a ketone structure,
by teaching that the nonaqueous electrolytic solution comprises compound (8) (see compound according to the present technology, [0041], specifically compound (8), [0075]):
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wherein R81 represents an alkyl, alkenyl, alkynyl, or aryl group, B represents —C(═O)—, A represents —C(Rd)(Re)— wherein one of Rd and Re represents a hydrogen group, and the other of Rd and Re represents a hydrogen, alkyl, alkenyl, alkynyl, or aryl group, B’ represents —Si(Rd)(Re)— wherein Rd and Re are halogen groups (one of ordinary skill in the art will understand that the halogen groups can be fluorine), and R81’ represents an alkyl, alkenyl, alkynyl, or aryl group ([0075]).
Regarding Claim 11, Ohtaniuchi discloses the nonaqueous electrolytic solution battery of Claim 10. As set forth in the rejection of Claim 10 above, Ohtaniuchi discloses wherein n2 in Formula (4) is 2.
Regarding Claim 12, Ohtaniuchi discloses the nonaqueous electrolytic solution of Claim 1. Ohtaniuchi further discloses the nonaqueous electrolytic solution with the provisio that, when Z1 in the formula (2-1) is a carbon atom, the compound represented by the formula (1) is a compound represented by the following formula (1-4)
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wherein, in the formula (1-4), R11 represents a monovalent hydrocarbon group; R12 represents a monovalent hydrocarbon group; X11 represents a divalent hydrocarbon group having 3 or more carbon atoms and having a substituent; Y21 and Y22 each represent a single bond; n11 represents 2; and R11 and X11 are not bound to each other to form a ring,
by teaching that the nonaqueous electrolytic solution comprises compound (8) (see compound according to the present technology, [0041], specifically compound (8), [0075]):
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wherein R81 represents an alkyl, alkenyl, alkynyl, or aryl group, B represents —C(═O)—, A represents —C(Rd)(Re)— wherein one of Rd and Re represents a hydrogen group, and the other of Rd and Re represents an alkyl, alkenyl, alkynyl, or aryl group (one of ordinary skill in the art will understand that so long as the alkyl or alkenyl group includes 2 or more carbon atoms, this will necessarily result in —C(Rd)(Re)— being a divalent hydrocarbon group having 3 or more carbon atoms), B’ represents —Si(Rd)(Re)— wherein Rd and Re are halogen groups (one of ordinary skill in the art will understand that the halogen groups can be fluorine), and R81’ represents an alkyl, alkenyl, alkynyl, or aryl group ([0075]).
Regarding Claim 14, Ohtaniuchi discloses the nonaqueous electrolytic solution of Claim 1. As set forth in the rejection of Claim 1 above, Ohtaniuchi discloses wherein Z1 in the formula (2-1) is a carbon atom.
Regarding Claim 15, Ohtaniuchi discloses the nonaqueous electrolytic solution according to Claim 10. As set forth in the rejection of Claim 10 above, Ohtaniuchi discloses wherein Z3 in the formula (5-1) is a carbon atom.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtaniuchi et al. (US 2012/0313570 A1).
Regarding Claim 4, Ohtaniuchi discloses the nonaqueous electrolytic solution according to Claim 1. Ohtaniuchi further discloses ([0078]) wherein the content of the compound represented by Formula (1) is 0.001% to 30% by mass with respect to a total amount of the nonaqueous electrolytic solution, which overlaps with the claimed range of 0.001% to 10%. Note that when the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I).
Furthermore, Ohtaniuchi discloses that when the content of the compound represented by Formula (1) lies within the range of 0.001% to 30% by mass with respect to a total amount of the nonaqueous electrolytic solution, an effect of inhibiting a lowering of load characteristics after overcharge can be sufficiently obtained, and a lowering of stability of the nonaqueous electrolytic solution due to excessive addition of the compound can be inhibited. Note that Ohtaniuchi is analogous to the claimed invention as they are in the same field of nonaqueous electrolytic solution batteries. Thus in addition to the prima facie case of obviousness set forth above, it would furthermore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select the overlapping portions of the ranges for the content of the compound represented by Formula (1) with a reasonable expectation that such selection would successfully result in a nonaqueous electrolytic solution in which an effect of inhibiting a lowering of load characteristics after overcharge can be sufficiently obtained, and a lowering of stability of the nonaqueous electrolytic solution due to excessive addition of the compound can be inhibited.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtaniuchi et al. (US 2012/0313570 A1) as applied to Claim 1 above, in view of Uematsu et al. (US 2016/0248121 A1).
Regarding Claim 5, Ohtaniuchi discloses the nonaqueous electrolytic solution of Claim 1, but does not disclose wherein the nonaqueous electrolytic solution further comprises one or more compounds selected from the group consisting of fluorophosphates, salts having an FSO2 skeleton, and oxalates,
wherein a total content of the compounds is 0.001 to 5% by mass with respect to a total amount of the nonaqueous electrolytic solution.
Uematsu teaches a nonaqueous electrolytic solution (see electrolytic solution, [0200]) for a nonaqueous electrolytic solution battery (see lithium-ion secondary battery, [0221]) comprising a positive electrode (see positive electrode, [0222]) and a negative electrode (see negative electrode, [0249]) that are capable of occluding and releasing metal ions ([0222], [0249]), wherein the nonaqueous electrolytic solution comprises an alkali metal salt (see lithium salt, [0200]) and a nonaqueous solvent (see non-aqueous solvent, [0200]). Uematsu further teaches ([0216]–[0218]) wherein the nonaqueous electrolytic solution can further comprise one or more fluorophosphates, specifically at least one of lithium difluorophosphate and lithium monofluorophosphate, wherein the total content of the compounds is 0.001% to 3% by mass with respect to a total amount of the nonaqueous electrolytic solution, for the purpose of enhancing the cycle lifetime and ion conductivity of the nonaqueous electrolytic solution battery.
Uematsu and Ohtaniuchi are analogous to the claimed invention as they are in the same field of nonaqueous electrolytic solution batteries. It therefore would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the nonaqueous electrolytic solution of Ohtaniuchi such that it included a fluorophosphate, specifically at least one of lithium difluorophosphate and lithium monofluorophosphate, wherein the total content of the compounds is 0.001 to 3% by mass with respect to a total amount of the nonaqueous electrolytic solution, as taught by Uematsu, for the purpose of enhancing the cycle lifetime and ion conductivity of the nonaqueous electrolytic solution battery.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ohtaniuchi et al. (US 2012/0313570 A1) as applied to Claim 10 above, in view of Kawasaki (US 2019/0051928 A1).
Regarding Claim 13, Ohtaniuchi discloses the nonaqueous electrolytic solution battery according to Claim 10. Ohtaniuchi further discloses wherein the negative electrode active material further comprises a carbon-based material (see carbon materials, [0169]), the carbon-based material being graphite (see graphite, [0169]). However, Ohtaniuchi does not explicitly disclose that the graphite is in the form of particles, nor wherein the material comprising a Li-alloyable metal element and/or metalloid element is in the form of metal particles alloyable with Li, and wherein
a content ratio of the metal particles alloyable with Li with respect to a total amount of the metal particles alloyable with Li and the graphite particles is 0.1% by mass or higher and 99% by mass or lower.
Kawasaki teaches a nonaqueous electrolytic solution battery (see secondary battery, [0089], FIG. 1) comprising: a positive electrode (see positive electrode, [0058], [0089]) and a negative electrode (see negative electrode, [0023], [0089]) capable of occluding and releasing metal ions ([0023], [0059]); and a nonaqueous electrolytic solution (see electrolyte solution, [0069]), wherein a negative electrode active material (see negative electrode active material layer, [0023]) contained in the negative electrode comprises metal particles (see crystalline silicon particles, [0024]) capable of alloying with lithium ([0003], [0007]) and a carbon-based material in the form of graphite particles (see graphite particles, [0024]), wherein a content ratio of the metal particles alloyable with Li with respect to a total amount of the metal particles alloyable with Li and the graphite particles is 1% by mass or higher and 25% by mass or lower ([0024]). Kawasaki teaches that inclusion of metal particles capable of alloying with lithium, specifically crystalline silicon particles, and a carbon-based material in the form of graphite particles in the negative electrode active material results in a battery having high energy density and excellent cycle characteristics.
Kawasaki and Ohtaniuchi are analogous to the claimed invention as they are in the same field of nonaqueous electrolytic solution batteries. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the nonaqueous electrolytic solution battery of Ohtaniuchi such that the negative electrode active material layer comprises a carbon-based material in the form of graphite particles and a material comprising a Li-alloyable metal element and/or metalloid element in the form of metal particles alloyable with Li, wherein a content ratio of the metal particles alloyable with Li with respect to a total amount of the metal particles alloyable with Li and the graphite particles is 1% by mass or higher and 25% by mass or lower, as taught by Kawasaki, for the purpose of achieving a battery having high energy density and excellent cycle characteristics.
Response to Arguments
Applicant’s arguments 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.
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 JULIA MARIE FEHR, Ph.D. whose telephone number is (571)270-0860. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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/J.M.F./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725