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 1-15 are pending.
Claims 14-15 are new.
Claims 1, 2, 3, 11, 13 are amended.
Response to Amendment
Amendments filed on 1/27/2026 have been entered.
Claim objections for Claims 2, 3 have been withdrawn in view of amendments.
102 rejections from previous office action have been withdrawn in view of the amendments.
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.
Claim(s) 1, 2, 4-13 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (US 20220376299; foreign priority date: Jun 26, 2020).
Regarding Claim 1, Claim 2, Claim 14,
Choi teaches an electrolyte for a lithium secondary battery comprising a lithium salt (Paragraph 0043), an organic solvent (Paragraph 0043), and a compound as defined by formula below (Paragraph 0012).
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Choi also provides examples as below that read on the claimed formulas.
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Choi teaches the use of organic solvents comprising chain carbonates and cyclic carbonates (Paragraph 0044). Chain carbonates are diethyl carbonate (DEC), ethylmethyl carbonate (EMC), dimethyl carbonate (DMC), dipropyl carbonate (DPC). Cyclic carbonates are ethylene carbonate (EC), propylene carbonate (PC), butylene carbonate. Choi also teaches that organic solvent may be one type of mixed solvent or two or more types of mixed solvents (Paragraph 0045). The organic solvent having high permittivity, EC, PC, may be used, and the low-viscosity organic solvent, EMC, DMC, DEC, or the like may be used. Choi teaches that the organic solvent having high permittivity (i.e. Chain carbonates) and the low-viscosity organic solvent (i.e. cyclic carbonates) are mixed in a volume ratio of 2:8 to 8:2 (Paragraph 0046). This ratio overlaps with the claimed ratio of the content of chain carbonate beinq 80-95% by volume, and the content of cyclic carbonate beinq 5-20% by volume. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use the claimed ratio of chain carbonate and cyclic carbonate as organic solvent in order to increase battery charging/discharging performance, and for adjusting the viscosity of a solvent to be suitable for a battery (Paragraph 0045).
Regarding Claim 4,
Choi teaches that in Formula 1 (paragraph 0012, and 0018), R3 and R4 or R7 and R8 are bonded to form an aromatic ring, more preferably a benzene ring (Paragraph 0027).
Regarding Claim 5, and Claim 6,
Choi teaches that the electrolyte additive is included in an amount of 0.1 to 10% by weight. This range is overlapping the claimed % of 0.05 to 20 wt%, and 0.1 to 10 wt%.
Regarding Claim 7, and Claim 8,
Choi teaches the use of formula below which reads on the claimed formula 5, and claimed formula 9.
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Choi teaches the use of formulas below which are akin to claimed formula 11 and claimed formula 14.
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Regarding Claim 9,
Choi teaches the use of LiPF6, LiBF4, LiSbF6 and other lithium salts (Paragraph 0048).
Regarding Claim 10,
Choi teaches the use of the lithium salt at a concentration of 0.6 mol % to 2 mol %. This value coincides with the claimed concentration of 0.1 to 5 M.
Regarding Claim 11,
Choi teaches the use of ethylene carbonate, diethyl carbonate, ethyl methyl carbonate and other organic solvents (paragraph 0044).
Regarding Claim 12,
Choi teaches a secondary battery that includes an anode, cathode, and the electrolyte (paragraph 0055). Cathode and anode have active materials (Paragraph 0056, and 0061).
Regarding Claim 13,
Choi teaches the use of Li[NixCo1-x-yMny]O2 wherein 0<x<0.5, 0<y<0.5) as the cathode active material (Paragraph 0057). This reads on the claimed positive electrode composition.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Sun et al (US 20150357638 A1).
Choi teaches the use of lithium composite metal oxide as cathode active material as shown in Paragraph 0057, but does not limit the type to the formula shown. Choi does not specifically teach the claimed Formula 5-1.
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However, Sun teaches the use of Formula 1 in the cathode active material as shown below.
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When M1 is Ni, M2 is Co, M4 is Al, x1 = 0.6 -0.95, y1= 0-0.2, z1 = 0, w = 0-0.1 then formula 1 of Sun overlaps with the claimed formula. Hence, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use a lithium composite oxide as shown in Sun as the lithium composite metal oxide in Choi in order to improve the stability and electrical conductivity of the cathode active material (Paragraph 0061).
Allowable Subject Matter
Claim 3 is allowed. The following is a statement of reasons for the indication of allowable subject matter:
Claim 3 states that the compound represented by Formula 1 is a compound represented by Formula 3; ‘is’ denotes “consisting of”. The formula 3 defined in Claim 3 is allowable because prior art does not allude to the C=N-R1 structural group as shown in both ring structures of this claim.
Other prior art references that provide similarity in structure but do not show the C=N-R1 structure are:
Yu et al (US 20130004840 A1) teaches the following formula
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Shizuka et al (JP 2016018708 A) teaches some formulas as below.
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on the same context of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that Choi does not teach the claimed % by volume of the content of the chain carbonate and cyclic carbonate in the organic solvent. Examiner disagrees because Choi does teach the volume ratio in which the organic solvents are mixed as explained in the rejection section above in this office action. Choi teaches the volume ratio (%) that overlaps with the claimed range. See MPEP 2144.05; in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Hence, Claim 1 remains rejected, and all claims dependent therefrom remain rejected.
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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/SUHANI JITENDRA PATEL/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783