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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 18 November 2025 has been entered.
Status of Claims and Other Notes
Claims 1–7 are pending.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0178855 A1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11 September 2025 was filed after the mailing date of the final Office Action on 28 August 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
Claims 1, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Frischmann et al. (US 2018/0348657 A1, hereinafter Frischmann) in view of Lin et al. (US 2008/0070103 A1, hereinafter Lin).
Regarding claim 1, Frischmann discloses a lithium ion secondary battery (100, [0139]) comprising:
a positive electrode mixture layer (110, [0056]);
a negative electrode mixture layer (120, [0056]); and
a separation membrane (140) between the positive electrode mixture layer (110) and the negative electrode mixture layer (120, [0056]),
wherein the positive electrode mixture layer (110) comprises a positive electrode active material (see LMO cathodes, [0139]), a first lithium salt (see LiPF6, [0139]), and a first solvent (see EC, [0139]),
wherein the negative electrode mixture layer (120) comprises a negative electrode active material (see graphite anodes, [0139]), a second lithium salt (see LiPF6, [0139]), and a second solvent (see DEC, [0139]) different from the first solvent (see EC, [0139]), and
wherein the separation membrane comprises pores having an average pore size of 2 Å or greater and less than 20 Å (see 0.75 nanometers, [0132]).
Frischmann does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Lin discloses a lithium ion secondary battery (100) comprising a positive electrode mixture layer (108) comprises a positive electrode active material, a first lithium salt, and a first solvent (see cathode electrolyte formulations, [0033]), a negative electrode mixture layer (106) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (see anode active materials, [0034]), wherein the positive electrode mixture layer does not contain the second solvent (see anode active materials, [0034]) and the negative electrode mixture layer does not contain the first solvent (see cathode electrolyte formulations, [0033]) to enhance battery performance and cycle life characteristics (see electrolytic solution, [0027]). Frischmann and Lin are analogous because they are directed to lithium ion secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Frischmann with the first and second solvents of Lin to enhance battery performance and cycle life characteristics.
Regarding claim 4, modified Frischmann discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein each of the first solvent (see EC, [0139]) and the second solvent has a molecular size of 20 Å or greater (see DEC, [0139]).
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding claim 5, Frischmann discloses a separation membrane (140, [0056]) comprising:
pores having an average pore size of 2 Å or greater and less than 20 Å (see 0.75 nanometers, [0132]),
wherein the separation membrane (140) is for being disposed in a lithium ion secondary battery (100, [0056]) comprising a positive electrode mixture layer (110) comprising a positive electrode active material (see LMO cathodes, [0139]), a first lithium salt (see LiPF6, [0139]), and a first solvent (see EC, [0139]); and a negative electrode mixture layer (see graphite anodes, [0139]) comprising a negative electrode active material (see graphite anodes, [0139]), a second lithium salt (see LiPF6, [0139]), and a second solvent (see DEC, [0139]) different from the first solvent (see EC, [0139]), and wherein the separation membrane (140) is for being disposed between the positive electrode mixture layer (110) and the negative electrode mixture layer (120, [0056]).
Frischmann does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Lin discloses a lithium ion secondary battery (100) comprising a positive electrode mixture layer (108) comprises a positive electrode active material, a first lithium salt, and a first solvent (see cathode electrolyte formulations, [0033]), a negative electrode mixture layer (106) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (see anode active materials, [0034]), wherein the positive electrode mixture layer does not contain the second solvent (see anode active materials, [0034]) and the negative electrode mixture layer does not contain the first solvent (see cathode electrolyte formulations, [0033]) to enhance battery performance and cycle life characteristics (see electrolytic solution, [0027]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Frischmann with the first and second solvents of Lin to enhance battery performance and cycle life characteristics.
Claims 1, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Frischmann (US 2018/0348657 A1) in view of Nishijima et al. (US 6,534,214 B1, hereinafter Nishijima).
Regarding claim 1, Frischmann discloses a lithium ion secondary battery (100, [0139]) comprising:
a positive electrode mixture layer (110, [0056]);
a negative electrode mixture layer (120, [0056]); and
a separation membrane (140) between the positive electrode mixture layer (110) and the negative electrode mixture layer (120, [0056]),
wherein the positive electrode mixture layer (110) comprises a positive electrode active material (see LMO cathodes, [0139]), a first lithium salt (see LiPF6, [0139]), and a first solvent (see EC, [0139]),
wherein the negative electrode mixture layer (120) comprises a negative electrode active material (see graphite anodes, [0139]), a second lithium salt (see LiPF6, [0139]), and a second solvent (see DEC, [0139]) different from the first solvent (see EC, [0139]), and
wherein the separation membrane comprises pores having an average pore size of 2 Å or greater and less than 20 Å (see 0.75 nanometers, [0132]).
Frischmann does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Nishijima discloses a lithium ion secondary battery (50) comprising a positive electrode mixture layer (3) comprises a positive electrode active material, a first lithium salt, and a first solvent (C13/L28–37), a negative electrode mixture layer (6) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (C13/L28–37), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (C13/L28–37) to enhance battery performance and cycle life characteristics (C13/L20–27). Frischmann and Nishijima are analogous because they are directed to lithium ion secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Frischmann with the first and second solvents of Nishijima to enhance battery performance and cycle life characteristics.
Regarding claim 4, modified Frischmann discloses all the claim limitations as set forth above and further discloses a lithium ion secondary battery:
wherein each of the first solvent (see EC, [0139]) and the second solvent has a molecular size of 20 Å or greater (see DEC, [0139]).
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding claim 5, Frischmann discloses a separation membrane (140, [0056]) comprising:
pores having an average pore size of 2 Å or greater and less than 20 Å (see 0.75 nanometers, [0132]),
wherein the separation membrane (140) is for being disposed in a lithium ion secondary battery (100, [0056]) comprising a positive electrode mixture layer (110) comprising a positive electrode active material (see LMO cathodes, [0139]), a first lithium salt (see LiPF6, [0139]), and a first solvent (see EC, [0139]); and a negative electrode mixture layer (see graphite anodes, [0139]) comprising a negative electrode active material (see graphite anodes, [0139]), a second lithium salt (see LiPF6, [0139]), and a second solvent (see DEC, [0139]) different from the first solvent (see EC, [0139]), and wherein the separation membrane (140) is for being disposed between the positive electrode mixture layer (110) and the negative electrode mixture layer (120, [0056]).
Frischmann does not explicitly disclose:
a second solvent that is different in composition from the first solvent,
wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent.
Nishijima discloses a lithium ion secondary battery (50) comprising a positive electrode mixture layer (3) comprises a positive electrode active material, a first lithium salt, and a first solvent (C13/L28–37), a negative electrode mixture layer (6) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (C13/L28–37), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (C13/L28–37) to enhance battery performance and cycle life characteristics (C13/L20–27). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium ion secondary battery of Frischmann with the first and second solvents of Nishijima to enhance battery performance and cycle life characteristics.
Claims 2, 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Frischmann (US 2018/0348657 A1, hereinafter Frischmann) in view of Lin (US 2008/0070103 A1) as applied to claims 1 and 5 above, and further in view of Hwang et al. (US 2005/0042515 A1, hereinafter Hwang).
Regarding claims 2, 3, 6, and 7, modified Frischmann discloses all the claim limitations as set forth above, but does not explicitly disclose a separation membrane, comprising:
a polymerization product of a compound having two or more polymerizable groups, and
wherein the separation membrane comprises a lithium ion-conductive compound having at least one group selected from the group consisting of a carbonyl group and a chain ether group,
wherein the polymerization product has a weight average molecular weight of 800 or more, and
wherein the lithium ion-conductive compound has a molecular weight of 150 or less; and
a crosslinked product of polymers each having a group represented by the following formula (1) (see glycidyl methacrylate diester, [0021]):
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(1)
wherein R1 represents an alkylene group having 1 to 6 carbon atoms, and
the symbol * represents a linking bond.
Hwang discloses a separation membrane (12b) comprising a polymerization product (see cured, [0053]) of a compound having two or more polymerizable groups (TABLE 1, [0062]), and wherein the separation membrane (12b) comprises a lithium ion-conductive compound (see plasticizer, [0062]) having at least one group selected from the group consisting of a carbonyl group and a chain ether group (TABLE 1, [0062]), wherein the polymerization product has a weight average molecular weight of 800 or more (TABLE 1, [0062]), and wherein the lithium ion-conductive compound (DME, DGM) has a molecular weight of 150 or less (TABLE 1, [0062]); and wherein the separation membrane comprises a crosslinked product of polymers (see crosslinking, [0017]) each having a group represented by the following formula (1) (see glycidyl methacrylate diester, [0021]):
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188
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(1) (see glycidyl methacrylate diester, [0021]) wherein R1 represents an alkylene group having 1 to 6 carbon atoms (see glycidyl methacrylate diester, [0021]), and the symbol * represents a linking bond (see glycidyl methacrylate diester, [0021]) to improve the ionic conductivity and adhesion and mechanical properties of the separation membrane (TABLE 1, [0045]). Frischmann and Hwang are analogous because they are directed to separation membranes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the separation membrane of modified Frischmann with the polymerization product and lithium ion-conductive compound of Hwang in order to improve the ionic conductivity and adhesion and mechanical properties of the separation membrane.
Claims 2, 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Frischmann (US 2018/0348657 A1) in view of Nishijima (US 6,534,214 B1) as applied to claims 1 and 5 above, and further in view of Hwang et al. (US 2005/0042515 A1, hereinafter Hwang).
Regarding claims 2, 3, 6, and 7, modified Frischmann discloses all the claim limitations as set forth above, but does not explicitly disclose a separation membrane, comprising:
a polymerization product of a compound having two or more polymerizable groups, and
wherein the separation membrane comprises a lithium ion-conductive compound having at least one group selected from the group consisting of a carbonyl group and a chain ether group,
wherein the polymerization product has a weight average molecular weight of 800 or more, and
wherein the lithium ion-conductive compound has a molecular weight of 150 or less; and
a crosslinked product of polymers each having a group represented by the following formula (1) (see glycidyl methacrylate diester, [0021]):
PNG
media_image1.png
188
6
media_image1.png
Greyscale
(1)
wherein R1 represents an alkylene group having 1 to 6 carbon atoms, and
the symbol * represents a linking bond.
Hwang discloses a separation membrane (12b) comprising a polymerization product (see cured, [0053]) of a compound having two or more polymerizable groups (TABLE 1, [0062]), and wherein the separation membrane (12b) comprises a lithium ion-conductive compound (see plasticizer, [0062]) having at least one group selected from the group consisting of a carbonyl group and a chain ether group (TABLE 1, [0062]), wherein the polymerization product has a weight average molecular weight of 800 or more (TABLE 1, [0062]), and wherein the lithium ion-conductive compound (DME, DGM) has a molecular weight of 150 or less (TABLE 1, [0062]); and wherein the separation membrane comprises a crosslinked product of polymers (see crosslinking, [0017]) each having a group represented by the following formula (1) (see glycidyl methacrylate diester, [0021]):
PNG
media_image1.png
188
6
media_image1.png
Greyscale
(1) (see glycidyl methacrylate diester, [0021]) wherein R1 represents an alkylene group having 1 to 6 carbon atoms (see glycidyl methacrylate diester, [0021]), and the symbol * represents a linking bond (see glycidyl methacrylate diester, [0021]) to improve the ionic conductivity and adhesion and mechanical properties of the separation membrane (TABLE 1, [0045]). Frischmann and Hwang are analogous because they are directed to separation membranes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the separation membrane of modified Frischmann with the polymerization product and lithium ion-conductive compound of Hwang in order to improve the ionic conductivity and adhesion and mechanical properties of the separation membrane.
Response to Arguments
Applicant's arguments with respect to claims 1–7 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nishijima (US 2005/0074675 A1) discloses a lithium ion secondary battery (FIG. 1, [0022]) comprising a positive electrode mixture layer (3) comprises a positive electrode active material, a first lithium salt, and a first solvent (TABLE 1, [0077]), a negative electrode mixture layer (6) comprises a negative electrode active material, a second lithium salt, and a second solvent that is different in composition from the first solvent (TABLE 1, [0077]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0077]) to enhance battery performance and cycle life characteristics (TABLE 2, [0077]).
Abe (JP 2012-146492 A) discloses a lithium ion secondary battery (50) comprising a positive electrode mixture layer (534) comprises a positive electrode active material, a first lithium salt, and a first solvent (TABLE 1, [0065]), a negative electrode mixture layer (544) comprises a negative electrode active material, a second lithium salt (TABLE 1, [0065]), and a second solvent that is different in composition from the first solvent (TABLE 1, [0065]), wherein the positive electrode mixture layer does not contain the second solvent and the negative electrode mixture layer does not contain the first solvent (TABLE 1, [0065]) to enhance battery performance and cycle life characteristics (TABLE 2, [0068]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725