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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/20/2023 and 07/02/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
The amendments filed on 01/20/2023 has been entered. The amendments to the specification and abstract are accepted. Claims 1-9 and 11-13 are amended, Claims 1-13 are pending.
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.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn et al. (WO 2019107921 A1 - US 20200220212 A1 cited for reference), hereinafter "Ahn" in view of Shim et al. (US 20130330598 A1), hereinafter "Shim". Ahn and Shim et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely electrolyte compositions.
In regard to Claim 1, Ahn et al. discloses a composition for an electrolyte of a lithium secondary battery (Ahn, Abstract), comprising a lithium salt and a polyalkylene carbonate-based polymer including a unit represented by Formula 1 (Ahn, [0018]) and an organic solvent (Ahn, [0011]) having a weight average molecular weight of 1,000 to 500,000 g/mol (Ahn, [0081]). Ahn et al. also discloses the composition may contain an additive chosen from a preferred list which explicitly discloses lithium difluoro (oxalato) borate (LiODFB), lithium bis-(oxalato) borate (LiBOB), VC (corresponding to Formula 3-1) and FEC (corresponding to Formula 3-2) (Ahn, [105]), and Ahn discloses that these compounds may be used singly or in combination of two or more.
Further, Ahn et al. discloses a polyalkylene carbonate-based polymer wherein based on the claimed Formula, A is a unit including a polycarbonate group (Ahn, [0020, 0050]) and is specifically Formula A1 or A2, which are both polycarbonate repeat units (Ahn, [0024-0025, 0055-0056]), wherein these units are repeated with an index “n” and combined in an oligomer with index “m” (Ahn, [0053-0056]). Further, where A=Formula 2, Ahn et al. discloses the polycarbonate unit is defined with R1-R3 which are each independently a substituted or unsubstituted alkylene group of 1-10 carbon atoms (Ahn, [0025]) which is the same structurally as Formula 2. In formula A-1/A-2 of Ahn, n is an integer of 5 to 3000 or more preferably 5-1000 [Ahn, [0056-0057]), which overlaps the claimed range. Ahn also discloses “ * ” is a connected part between the same or different atoms or between the terminal parts of a formula (Ahn, [0039]).
In addition, Ahn et al. discloses R1-R3 in the carbonate block are substituted or unsubstituted alkylene groups of 1 to 10 carbon atoms (Ahn, [25]) and R' in the amide unit B-1 is a linear or nonlinear alkylene C1-C10, cycloalkylene C3-C10, bicycloalkylene C6-C20 or R'-1/R'-2 units (Ahn [001, 0071]), so by choosing any C1-5 alkylene subset for the relevant spacer the skilled artisan would determine that they correspond to the R/R' positions. Ahn et al. also discloses wherein B= a unit including one or more amide groups (Ahn, [0021, 0051, 0058]) and wherein m (number of repeats in a block) is 1-200 (Ahn, [0023]) and k (number of block repeats) is depicted as ≥1 in Formula 1-1 and 1-2 of Ahn ([0067-0073]) which falls within the claimed range. Further, Ahn et al. discloses a specific example with n=10, m=9, k≥1, A built from A1/A2 where R's are chosen as C1-5 alkylene, B=B-1 amide with R' any permitted C1-5 alkylene (Ahn, Example 1).
However, Ahn fails to explicitly disclose a weight % or a weight ratio of the additive containing the compounds of Formula 3-1 and 3-2. Shim et al. discloses a non-aqueous electrolyte composition that contains a lithium salt, organic solvent, and a combination of VC and FEC, wherein the VC is included at 2 wt% and is taught to contribute to SEI formation on the anode (Shim, [0023, 0053]) and FEC is included in the same electrolyte composition at 3% and is taught to further contribute to SEI formation and stability (Shim, [0032, 0053]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a combination of additives comprising VC (Formula 3-1) and FEC (Formula 3-2) at weight % that falls within the claimed range as taught in Shim et al. as doing so would give the skilled artisan the reasonable expectation of achieving the benefits taught in Shim et al. and as doing so would amount to nothing more than applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
In regard to Claim 2, Ahn et al. in view of Shim et al. discloses the composition of claim 1. Ahn et al. also discloses wherein the B of Formula 1 above is represented by Formula B-1 wherein in Formula B-1 the R" is equivalent to R' of Ahn, and includes a substituted or unsubstituted alkylene group having 1 to 10 carbon atoms, a substituted or unsubstituted cycloalkylene group having 3 to 10 carbon atoms, a substituted or unsubstituted bicycloalkylene group having 6 to 20 carbon atoms, or a substituted or unsubstituted arylene group having 6 to 20 carbon atoms (Ahn, [0051, 0060-0062]).
In regard to Claim 3, Ahn et al. in view of Shim et al. discloses the composition of claim 1. Ahn et al. also discloses wherein the polyalkylene carbonate-based polymer is represented by Formula 1-2, wherein in Formula 1-2 above, n2, m2, and k2 are repetition numbers, wherein: n2 is equivalent to n of Ahn which is an integer of any one of 5 to 1,000 (Ahn, [0075]); m2 is equivalent to m of Ahn (Ahn, [0074]) an integer of any one of 1 to 200; and k2 is an integer represented in that formula 1-2 depicts k2≥1 and the oligomers have a weight average molecular weight in a range that can support an integer number of block repeats ≥1 (Ahn, [0067, 0081]), which falls within of any one of 1 to 100. Ahn et al also discloses a and a' are the same as or different from each other and are each independently an integer of 1 or 2 by depicting brackets with subscripts in formula 1-2 of Ahn indicating an integer repeat number and the minimum explicit case depicted is one spacer unit, i.e. a=1, a'=1 which falls within the claimed range (Ahn, [0067]). Ahn et al. also discloses wherein b and b' are the same as or different from each other and are each independently an integer of any one of 1 to 3 by depicting acrylate side groups attached to those spacers are bracketed with b and b' indicating how many (meth)acrylate units are present on each "arm" and Ahn discloses the units C and C' may be derived from a monomer including a monofunctional or polyfunctional (math)acrylate or (meth)acrylic acid (Ahn, [0065, 0067]), which corresponds to b=1 when monofunctional acrylate and b=2 when diacrylate type.
In regard to Claim 4, Ahn et al. in view of Shim et al. discloses the composition of claim 1. Ahn et al also discloses wherein the amount of the polyalkylene carbonate-based polymer is 0.5 wt% to 90 wt% based on the total weight of the composition (Ahn, [0080]), which overlaps the claimed range. Therefore, 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 ranges 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.
In regard to Claims 5-8, with respect to the limitations of claims 5-8, it is noted that the limitations are directed to non-selected options of parent claim 1. For example, claim 1 explicitly recites that wherein the composition either includes lithium difluoro(oxalato)borate and lithium bis(oxalato)borate at a weight ratio of 1:5 to 5:1, or includes a compound represented by Formula 3-1 below in an amount of 0.01 wt% to 5 wt% and a compound represented by Formula 3-2 below in an amount of 0.01 wt% to 10 wt% based on the total weight of the composition, i.e. only one embodiment is required. Accordingly, the limitations of claims 5-8 are reasonably considered to be optional limitations which depend upon the selection of the composition including lithium difluoro(oxalato)borate and lithium bis(oxalato)borate at a weight ratio of 1:5 to 5:1 recited in claim 1, and which in this case have not been selected because Ahn et al. in view of Shim et al. discloses the use of a compound represented by Formula 3-1 below in an amount of 0.01 wt% to 5 wt% and a compound represented by Formula 3-2 below in an amount of 0.01 wt% to 10 wt% based on the total weight of the composition, as noted above.
In regard to Claim 9, Ahn et al. in view of Shim et al. discloses the composition of claim 1. While Ahn et al. also discloses a preferred list of additives comprising FEC which falls within Formula 3-2, it fails to explicitly disclose the wt% used. Shim et al. discloses the use of FEC in the electrolyte solution in the range of about 1 to 5% (Shim, [0037]), which overlaps the claimed range. Therefore, 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 ranges 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.
In regard to Claim 10, Ahn et al. in view of Shim et al. discloses the composition of claim 1. Ahn et al. also discloses wherein the organic solvent may include a mixture of two or more of a cyclic carbonate-based solvent and a linear ester-based solvent (Ahn, [0092-0096]).
In regard to Claims 11-12, Ahn et al. in view of Shim et al. discloses the composition of claim 1. Ahn et al. also discloses wherein the composition further comprises a polymerization initiator and a gel polymer electrolyte for a lithium secondary battery comprising a polymerization product of the composition of claim 1 (Ahn, [0018]).
In regard to Claim 13, Ahn et al. in view of Shim et al. discloses the composition of claim 1. Ahn et al. also discloses a lithium secondary battery comprising: a positive electrode including a positive electrode active material; a negative electrode including a negative electrode active material; a separator interposed between the positive electrode and the negative electrode; and the gel polymer electrolyte of claim 12 (Ahn, Example 1).
Conclusion
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/K.M.O./Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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