DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
2. Applicant’s remarks submitted on 10/28/25 have been received.
Claim Rejections - 35 USC § 103
3. 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.
4. 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.
5. 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.
6. Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujiyama et al. (US 2022/0029199) as cited in IDS dated 1/23/23 in view of Ji et al. (US2022/0131195).
Regarding claim 1, Fujiyama discloses a lithium secondary battery (abstract) comprising:
a non-aqueous electrolyte solution ([0045]-[0046]) containing a lithium salt([0161], [0166]), an organic solvent([0167]-[0181]), a first additive represented by Formula 1 below([0051]-[0062]),
a positive electrode including a lithium iron phosphate-based composite oxide([0046]);
a negative electrode including a negative electrode active material([0216]-[0221]); and
a separator interposed between the positive electrode and the negative electrode([0243]-[0245]),
wherein an amount of the first additive is 0.01 mass % to 5 mass % ([0063]) which overlaps the claim range of 0.1 wt% to 5 wt% based on the total weight of the non-aqueous electrolyte solution:
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wherein in Formula 1 above, R1 and R2 are the same as or different from each other, and are each independently a substituted or unsubstituted C1-C10 alkyl group, a substituted or unsubstituted C3-C15 cycloalkyl group, or a substituted or unsubstituted C6-C30 aryl group([0051]-[0062]), leaching of iron from lithium iron phosphate during storage of the battery can be suppressed by action of the compound represented by Formula (1) contained in the non-aqueous electrolyte solution([0050]) but does not explicitly disclose a second additive represented by Formula 2 below; wherein an amount of the second additive is 0.1 wt% to 5 wt% based on the total weight of the non-aqueous electrolyte solution:
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wherein in Formula 2 above, Cy1 is a substituted or unsubstituted C2-C30 heterocyclic group, and
L1 is a direct bond, or a substituted or unsubstituted C1-C10 alkylene group.
Ji teaches electrolyte additives for energy storage devices comprising compounds containing one, two, or more triple-bonded moieties (abstract). Ji teaches the electrolyte additives can provide high voltage stability of cathodes by forming a stable passivation layer on the surface of the cathode([0030]). Ji teaches this can mitigate parasitic reactions occurring on the surface of the cathode, leading to minimized electrolyte decomposition, loss of active Li and impedance rise on the electrode/electrolyte interface([0030]). Ji teaches a positive electrode including a lithium iron phosphate based composite oxide ([0056], [0112], [0119]). Ji teaches a second additive represented by Formula 2 below (propargyl 1H-imidazole-1-carboxylate [0082]-[0083]); wherein an amount of the second additive is 0.1 wt% to 5 wt% based on the total weight of the non-aqueous electrolyte solution(additive at less than 5 wt% or about 0.2 wt% or less [0077]):
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wherein in Formula 2 above, Cy1 is a substituted or unsubstituted C2-C30 heterocyclic group, and
L1 is a direct bond, or a substituted or unsubstituted C1-C10 alkylene group([0082]-[0083]).
It would have been obvious to one of ordinary skill in the art to modify the non-aqueous electrolyte solution of Fujiyama with a second additive represented by Formula 2 below; wherein an amount of the second additive is 0.2 wt% to 5 wt% based on the total weight of the non-aqueous electrolyte solution:
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wherein in Formula 2 above, Cy1 is a substituted or unsubstituted C2-C30 heterocyclic group, and
L1 is a direct bond, or a substituted or unsubstituted C1-C10 alkylene group as taught by Ji in order to provide minimized electrolyte decomposition, loss of active Li and impedance rise on the electrode/electrolyte interface.
Regarding claim 2, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses R1 and R2 are the same as or different from each other, and are each independently a substituted or unsubstituted C3-C15 cycloalkyl group(Fujiyama, [0061]-[0062]).
Regarding claim 3, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses Cy1 of Formula 2 above is a nitrogen-containing heterocyclic group, L1 is represented by —(CH2)n—, and n is an integer of 1 to 10(Ji, propargyl 1H-imidazole-1-carboxylate [0082]-[0083]).
Regarding claim 4, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the amount of the first additive is 0.1 wt% to 1 wt% based on the total weight of the non-aqueous electrolyte solution(Fujiyama, 0.1 mass % to 1 mass% [0063]).
Regarding claim 5, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the amount of the second additive is 0.1 wt% to 1 wt% based on the total weight of the non-aqueous electrolyte solution (Ji, about 0.2 wt% or less [0077]).
Regarding claims 6 and 7, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama discloses Formula (1) compound was included in the non-aqueous electrolyte solution, the battery characteristics (specifically, discharge capacity and battery resistance) after storage were improved (Fujiyama [0334]) and the electrolyte additives can provide high voltage stability of cathodes by forming a stable passivation layer on the surface of the cathode(Ji [0030]). Modified Fujiyama discloses DCC (N,N′-dicyclohexylcarbodiimide; a compound in which R11 and R12 are both cyclohexyl groups), which is a specific example of a compound represented by Formula (1), was added in such a manner that the content to the total mass of a non-aqueous electrolyte solution to be eventually prepared was 0.5 mass % (Fujiyama [0280]), the electrolyte composition may contain the compound as an additive at less than 5 weight % or about 0.2 wt% or less (Ji, [0077]) but does not explicitly disclose the weight ratio of the first additive and the second additive is 1:5 to 5:1(claim 6) and the weight ratio of the first additive and the second additive is 1:2 to 2:1(claim 7).
It would have been obvious to one of ordinary skill in the art to modify the battery of modified Fujiyama with the weight ratio of the first additive and the second additive is 1:5 to 5:1 and the weight ratio of the first additive and the second additive is 1:2 to 2:1 in order to balance battery characteristics (specifically, discharge capacity and battery resistance) after storage and a secondary battery having more improved overall performance, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP §2144.05 (II-A).
Regarding claim 8, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the non-aqueous electrolyte solution further comprises lithium difluoro(oxalato)borate as a third additive(Ji [0098]).
Regarding claim 9, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the organic solvent comprises a cyclic carbonate-based solvent and a linear carbonate-based solvent(Fujiyama [0172]-[0177]).
Regarding claim 10, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the lithium iron phosphate-based composite oxide is represented by Formula 3 below:
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wherein in Formula 3, 0 ≤ x (Fujiyama [0195]).
Regarding claim 11, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the positive electrode comprises a positive electrode current collector (Fujiyama [0205]), and a positive electrode active material layer formed on the positive electrode current collector(Fujiyama [0205]), and a positive electrode active material included in the positive electrode active material layer is composed of the lithium iron phosphate-based composite oxide(Fujiyama [0195]).
Regarding claim 12, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the negative electrode active material comprises graphite(Fujiyama [0222]).
Regarding claim 13, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the first additive is represented by Formula 1-1 below:
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(Fujiyama [0342]).
Regarding claim 14, modified Fujiyama discloses all of the claim limitations as set forth above. Modified Fujiyama further discloses the second additive is represented by Formula 2-1 below:
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(Ji [0082]-[0083]).
Response to Arguments
7. Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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