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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 02/09/2023 and 06/02/2025 have been considered by the examiner.
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(s) 1-7, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20160126591 A1) in view of Ahn (KR20190062310A) and further in view of Kushida (US 20200243903 A1). Examiner notes that Ahn shares an inventor(s) with the instant application, but was published over a year prior (6/5/2019) to the earliest filing date as the instant application, and therefore can be used as prior art under 35 USC 102 (a)(1)
Regarding claim 1, Zhang teaches the following elements: Specifically, Zhang teaches a precursor composition containing a lithium salt, a non-aqueous organic solvent, an initiator, an oligomer, and an additional monomer additive. While Zhang does not teach the specific compounds used in the instant application, it teaches analogous compounds used for the same purpose, which then can be substituted with similar compounds from other pieces of prior art, such as the oligomer of Ahn and the fluorinated monomer of Kushida, in order to provide the claimed invention:
A precursor composition for preparing a polymer electrolyte, the precursor composition comprising: a lithium salt, a non-aqueous organic solvent, (“A precursor material is polymerized (gelled) in the presence of an electrolyte material. A liquid electrolyte material is illustratively a carbonate based electrolyte. Illustratively, the liquid electrolyte material optionally includes a lithium salt and a non-aqueous organic solvent.” Zhang [0024])
a polymerization initiator, an oligomer (“Illustrative components of a precursor material include a monomer or oligomer and an initiator, and optionally a crosslinking agent.” Zhang [0020]) and a compound (“The precursor material optionally includes a flame retardant additive, a current collector protection agent, a protection agent, or any combination thereof.” Zhang [0012])
wherein the oligomer represented by Formula 1 and the compound represented by Formula 2 are included in a weight ratio of 1:0.01 to 1:4: (“Illustratively, a flame retardant is provided at a concentration of 5% to 50%, or any value or range therebetween relative to the precursor materials.” Zhang [0031]. In this case, if the oligomer is considered to be the precursor material, as implied in paragraph [0027], then including the flame retardant additive, i.e. the compound represented by formula 2, in the range of 5 to 50% based on the oligomer, would anticipate the claimed range regarding the ratio between oligomer and compound. When combined with Ahn and Kushida to include the specific oligomer and compound as claimed, all of the limitations of claim 1 would be met.)
Zhang is silent on the following elements of claim 1:
an oligomer represented by Formula 1, [Formula1]:
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wherein, in Formula 1, R, R1, and R2 are each independently an alkylene group having 1 to 5 carbon atoms, A and A' are each independently a unit containing one or more (meth)acrylate groups, B is a unit containing at least one amide group, and n, m, and k are the numbers of repeating units, wherein n is an integer of 1 to 10,000, m is an integer of 1 to 1,000, and k is an integer of 1 to 100.
and a compound represented by Formula 2, [Formula 2]:
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wherein, in Formula 2, R3 is -CR5=CH2 (wherein, RS is hydrogen or an alkyl group having 1 to 3 carbon atoms) or -R6-CF3 (wherein, R6 is an alkylene group having 1 to 20 carbon atoms which is substituted with at least one fluorine element), R4 is an alkylene group having 1 to 20 carbon atoms which is unsubstituted or substituted with at least one fluorine, p is an integer of 0 or 1, and when R3 is -R6-CF3, p is 0, and R4 is an alkyl group having 1 to 20 carbon atoms which is unsubstituted with fluorine.
Ahn teaches the following elements of claim 1:
an oligomer represented by Formula 1 [Formula1]:
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wherein, in Formula 1, R, R1, and R2 are each independently an alkylene group having 1 to 5 carbon atoms, A and A' are each independently a unit containing one or more (meth)acrylate groups, B is a unit containing at least one amide group, and n, m, and k are the numbers of repeating units, wherein n is an integer of 1 to 10,000, m is an integer of 1 to 1,000, and k is an integer of 1 to 100. (Ahn formula 1-1, page 7 original document, teaches a compound analogous to that claimed in instant claim 5. By meeting the limitations of a further limited formula 1 in claim 5, this composition must also meet the limitations of claim 1. By modifying the shown structure to contain 2 of the units containing the subscript r, the compound would be identical to that shown in claim 5.)
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Ahn and Zhang are silent on the following elements of claim 1:
and a compound represented by Formula 2, [Formula 2] wherein, in Formula 2, R3 is -CR5=CH2 (wherein, RS is hydrogen or an alkyl group having 1 to 3 carbon atoms) or -R6-CF3 (wherein, R6 is an alkylene group having 1 to 20 carbon atoms which is substituted with at least one fluorine element), R4 is an alkylene group having 1 to 20 carbon atoms which is unsubstituted or substituted with at least one fluorine, p is an integer of 0 or 1, and when R3 is -R6-CF3, p is 0, and R4 is an alkyl group having 1 to 20 carbon atoms which is unsubstituted with fluorine.
However, Kushida teaches the use of a compound identical to that claimed in claim 1 (and more specifically, claim 9) used in a polymer electrolyte:
and a compound represented by Formula 2, [Formula 2]
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wherein, in Formula 2, R3 is -CR5=CH2 (wherein, RS is hydrogen or an alkyl group having 1 to 3 carbon atoms) or -R6-CF3 (wherein, R6 is an alkylene group having 1 to 20 carbon atoms which is substituted with at least one fluorine element), R4 is an alkylene group having 1 to 20 carbon atoms which is unsubstituted or substituted with at least one fluorine, p is an integer of 0 or 1, and when R3 is -R6-CF3, p is 0, and R4 is an alkyl group having 1 to 20 carbon atoms which is unsubstituted with fluorine. (The compound represented by A-39 on page 13 of Kushida matches the formula provided in formula 2, and more specifically, that of formula 2-5 provided in claim 9. By meeting the limitations of dependent claim 9, this formula must also meet those of formula 2 in claim 1. “Examples of the monomer used for polymerization of the binder in the present invention are shown below, but the present invention is not limited thereto. n represents an integer of 1 to 80.” Kushida [0148]. By using the claimed compound as a binder within a polymer electrolyte, it would therefore be obvious to include this compound in the polymer electrolyte of Zhang.)
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Ahn and Kushida are considered to be analogous to Zhang because they are all within the same field of polymer electrolytes for usage in electrochemical devices. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the precursor composition of Zhang to include both the oligomer or Ahn and the fluorinated compound of Kushida, as they are both known materials in the art for being used in polymer electrolytes, the former as an oligomer to be polymerized with an initiator, and the latter being used as a binder. This provides a case of obviousness for the modification of Zhang, as the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claims 2-7, 9-12, the only modifications required to meet all of the additional limitations are to use specific compositions and quantities of the oligomer of Ahn and monomer of Kushida, which both would not require any further motivation than what is required to meet claim 1.
Regarding claim 2, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein, in Formula 1, the units A and A' are each independently at least one selected from units represented by Formulae A-1 to A-6: [Formula A-1]
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[Formula A-2]
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[Formula A-3]
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[Formula A-4]
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[Formula A-5]
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[Formula A-6]
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However, Ahn teaches all of the elements of claim 2 that are not found in Zhang. Specifically, Ahn teaches the same units to be used at the end of the oligomer to be polymerized in the polymer electrolyte:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein, in Formula 1, the units A and A' are each independently at least one selected from units represented by Formulae A-1 to A-6: [Formula A-1] (C-1-C-5, page 6-7 of Ahn Original Document. “The units C and C 'each independently comprise a (meth) acrylate group so that oligomers can be combined in a three-dimensional structure to form a polymer network. The units C and C 'may be derived from monomers comprising monofunctional or multifunctional (meth) acrylates or (meth) acrylic acid. For example, the units C and C 'may each independently be selected from the units represented by the following formulas C-1 to C-5.” Ahn [85-86])
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[Formula A-2]
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[Formula A-3]
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[Formula A-4]
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[Formula A-5]
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[Formula A-6]
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Regarding claim 3, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the unit B comprises a unit represented by Formula B-1:[Formula B-1]
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wherein, in Formula B-1, R' is an unsubstituted or substituted alkylene group having 1 to 10 carbon atoms, an unsubstituted or substituted cycloalkylene group having 3 to 10 carbon atoms, an unsubstituted or substituted bicycloalkylene group having 6 to 20 carbon atoms, or an unsubstituted or substituted arylene group having 6 to 20 carbon atoms.
However, Ahn teaches all of the elements of claim 3 not found in Zhang. Specifically, Ahn teaches a composition containing the claimed units of claim 3:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the unit B comprises a unit represented by Formula B-1:[Formula B-1]
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wherein, in Formula B-1, R' is an unsubstituted or substituted alkylene group having 1 to 10 carbon atoms, an unsubstituted or substituted cycloalkylene group having 3 to 10 carbon atoms, an unsubstituted or substituted bicycloalkylene group having 6 to 20 carbon atoms, or an unsubstituted or substituted arylene group having 6 to 20 carbon atoms. (Ahn Formula B1, shown after paragraph 72, depicts the exact same structure being used in the precursor oligomer. Additionally, the structure of Ahn shown in claim 1 contains this unit.)
Regarding claim 4, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 3, wherein R' is at least one selected from units represented by Formulae R'-1 to R'-6: [Formula R'-1]
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[Formula R'-2]
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[Formula R'-3]
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[Formula R'-4]
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[Formula R'-5]
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[Formula R'-6]
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However, Ahn teaches all of the elements of claim 4 not found in Zhang. Specifically, Ahn teaches a composition containing the claimed units of claim 4:
The precursor composition for preparing a polymer electrolyte of claim 3, wherein R' is at least one selected from units represented by Formulae R'-1 to R'-6: [Formula R'-1]
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[Formula R'-2]
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[Formula R'-3]
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[Formula R'-4]
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[Formula R'-5]
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[Formula R'-6]
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(Ahn formulas R’-3 to R’-8 depict some of the formulas shown above for claim 4 “The R 'may include at least one or more units represented by the following formulas: R'-3 to R'-8.” Ahn [78])
Regarding claim 5, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the oligomer represented by Formula 1 is a compound represented by Formula 1A:[Formula 1A]
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15
wherein, in Formula 1A, R, R1, and R2 are each independently an alkylene group having 1 to 5 carbon atoms, R' is an unsubstituted or substituted alkylene group having 1 to 10 carbon atoms, an unsubstituted or substituted cycloalkylene group having 3 to 10 carbon atoms, an unsubstituted or substituted bicycloalkylene group having 6 to 20 carbon atoms, or an unsubstituted or substituted arylene group having 6 to 20 carbon atoms, A and A' are each independently a unit containing one or more (meth)acrylate groups, and n, m, and k are the numbers of repeating units, wherein n is an integer of 1 to 10,000, m is an integer of 1 to 1,000, and k is an integer of 1 to 100.
However, Ahn teaches all of the elements of claim 5 not found in Zhang. Specifically, Ahn teaches a composition containing the claimed units of claim 5:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the oligomer represented by Formula 1 is a compound represented by Formula 1A:[Formula 1A]
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15
wherein, in Formula 1A, R, R1, and R2 are each independently an alkylene group having 1 to 5 carbon atoms, R' is an unsubstituted or substituted alkylene group having 1 to 10 carbon atoms, an unsubstituted or substituted cycloalkylene group having 3 to 10 carbon atoms, an unsubstituted or substituted bicycloalkylene group having 6 to 20 carbon atoms, or an unsubstituted or substituted arylene group having 6 to 20 carbon atoms, A and A' are each independently a unit containing one or more (meth)acrylate groups, and n, m, and k are the numbers of repeating units, wherein n is an integer of 1 to 10,000, m is an integer of 1 to 1,000, and k is an integer of 1 to 100. (Ahn formula 1-1 with a repeated unit n would provide the same structure as above, thus meeting the limitation)
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Regarding claim 6, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the oligomer represented by Formula 1 is a compound represented by Formula 1A-1:[Formula 1A-1]
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wherein, in Formula 1A-1, n1, m1, and k1 are the numbers of repeating units, wherein n1 is an integer of 1 to 10,000, m1 is an integer of 1 to 1,000, and k1 is an integer of 1 to 100, a and a' are each independently an integer of 1 or 2, and b and b' are each independently an integer of 1 to 3.
However, Ahn teaches all of the elements of claim 6 that are not found in Zhang. Specifically, Ahn teaches an oligomer formula that meets the limitations of claim 6, shown above.
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the oligomer represented by Formula 1 is a compound represented by Formula 1A-1:[Formula 1A-1]
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wherein, in Formula 1A-1, n1, m1, and k1 are the numbers of repeating units, wherein n1 is an integer of 1 to 10,000, m1 is an integer of 1 to 1,000, and k1 is an integer of 1 to 100, a and a' are each independently an integer of 1 or 2, and b and b' are each independently an integer of 1 to 3. (Ahn formula 1-3 teaches the composition of instant claim 6, where b and b’ are each 3. See below for comparison. “More specifically, the oligomer of the present invention may be a compound represented by the following general formula (1-3)” Ahn [105])
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Regarding claim 7, Zhang teaches all of the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the oligomer represented by Formula 1 is included in an amount of 0.1 wt% to 30 wt% based on a total weight of the precursor composition for preparing a polymer electrolyte. (“The precursor materials are added to an electrolyte material at a concentration of between 1 wt % to 20 wt %” Zhang [0027] and “Without being limited to one particular theory, when greater than 10% monomer is present, it becomes difficult to obtain full polymerization leaving excess monomer in the gel.” Zhang [0027]—this implies that the wt% of precursor is referring to the amount of monomer or oligomer present in the overall electrolyte composition, which would anticipate the claimed limitation.)
Regarding claim 9, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the compound represented by Formula 2 is at least one compound selected from the group consisting of compounds represented by Formulae 2-1 to 2-8: [Formula 2-1]
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[Formula 2-2]
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[Formula 2-3]
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[Formula 2-4]
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[Formula 2-5]
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[Formula 2-6]
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[Formula 2-7]
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[Formula 2-8]
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However, Kushida teaches all of the elements of claim 9 that are not found in Zhang. Specifically, Kushida teaches a compound identical to formula 2-5 of claim 9.
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the compound represented by Formula 2 is at least one compound selected from the group consisting of compounds represented by Formulae 2-1 to 2-8: [Formula 2-1]
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[Formula 2-2]
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[Formula 2-3]
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[Formula 2-4]
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[Formula 2-5]
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[Formula 2-6]
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[Formula 2-7]
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[Formula 2-8]
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(The compound represented by A-39 on page 13 of Kushida matches the formula provided in formula 2, and more specifically, that of formula 2-5 provided in claim 9. By meeting the limitations of dependent claim 9, this formula must also meet those of formula 2 in claim 1. “Examples of the monomer used for polymerization of the binder in the present invention are shown below, but the present invention is not limited thereto. n represents an integer of 1 to 80.” Kushida [0148]. By using the claimed compound as a binder within a polymer electrolyte, it would therefore be obvious to include this compound in the polymer electrolyte of Zhang.)
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Regarding claim 10, Zhang is silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the compound represented by Formula 2 is included in an amount of 0.01 wt% to 40 wt% based on a total weight of the precursor composition for preparing a polymer electrolyte.
However, Kushida teaches all of the elements of claim 10 not found in Zhang. Specifically, Kushida teaches a range of the weight % of the compound represented by formula 2 which anticipates the claimed range:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein the compound represented by Formula 2 is included in an amount of 0.01 wt% to 40 wt% based on a total weight of the precursor composition for preparing a polymer electrolyte. (“a content of the binder (B) used in the present invention in the solid electrolyte composition is preferably 0.01% by mass or more, more preferably, 0.1% by mass or more, and still more preferably 1% by mass or more with respect to 100% by mass of the solid component. From the viewpoint of battery characteristics, the upper limit is preferably 10% by mass or less, more preferably 5% by mass or less, and still more preferably 3% by mass or less.” Kushida [0157] and “a polymer constituting the binder (B)” Kushida [0010]. Based on this, the binder consists of the polymer, and since the polymer of Kushida can be formed from a monomer having the same composition of formula 2 in the instant application, the range of the total weight of compound 2 based on the total weight of the polymer electrolyte anticipates the claimed range.)
Regarding claim 11, Zhang teaches all of the following elements:
A polymer electrolyte prepared by using the precursor composition for preparing a polymer electrolyte of claim 1. (“A process includes providing a substrate such as electrode, a separator, or both and contacting the substrate with a precursor material and a first electrolyte material including one or more lithium salts. The precursor material is subject to polymerizing for a polymerization time to form a gel in contact with the substrate. A precursor material includes one or more components that are incorporated into or form a gel electrolyte material.” Zhang [0020])
Regarding claim 12, Zhang teaches all of the following elements:
A lithium secondary battery comprising a positive electrode; a negative electrode; a separator disposed between the positive electrode and the negative electrode; and the polymer electrolyte of claim 11. (“Methods of forming a gel electrolyte for an electrochemical cell are provided. The invention has utility for improving the performance and safety of secondary batteries such as lithium ion batteries.” Zhang [0019] and “Some embodiments of a formation process include polymerizing through the use of thermal curing or ultraviolet curing. The substrate is optionally an electrode, a separator, or a combination of an electrode or electrodes and separator material(s). The separator is optionally included before the polymerization process with the precursor material or after the polymerization process. Optionally, an electrode includes a cathode material including a lithium metal oxide, or a lithium metal phosphate. Optionally, an electrode includes an anode material of or including: graphite; silicon; a transition metal oxide; or combination thereof.” Zhang [0012]. These teach that the polymer electrolyte of Zhang can be used in a secondary battery containing a cathode, anode, and separator.)
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20160126591 A1) in view of Ahn (KR20190062310A) further in view of Kushida (US 20200243903 A1), and further in view of Hwang (US 20130136998 A1)
Regarding claim 8, Zhang, Ahn, and Kushida are silent on the following elements:
The precursor composition for preparing a polymer electrolyte of claim 1, wherein, in Formula 2, R3 is -CRS=CH2 (wherein, R5 is hydrogen or an alkyl group having 1 to 3 carbon atoms) or -R6-CF3 (wherein, R6 is an alkylene group having 1 to 10 carbon atoms which is substituted with at least one fluorine element), R4 is an alkylene group having 1 to 10 carbon atoms which is unsubstituted or substituted with at least one fluorine, p is an integer of 0 or 1, and, when R3 is -R6-CF3, p is 0, and R4 is an alkyl group having 1 to 10 carbon atoms which is unsubstituted with fluorine.
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(depiction of formula 2, provided in claim 1)
However, Hwang teaches all of the elements of claim 8 that are not found in Zhang, Ahn, or Kushida. Specifically, Hwang teaches 2,2,2-trifluoroethyl acrylate as a monomer to be used in a polymer electrolyte.
The precursor composition for preparing a polymer electrolyte of claim 1, wherein, in Formula 2, R3 is -CRS=CH2 (wherein, R5 is hydrogen or an alkyl group having 1 to 3 carbon atoms) or -R6-CF3 (wherein, R6 is an alkylene group having 1 to 10 carbon atoms which is substituted with at least one fluorine element), R4 is an alkylene group having 1 to 10 carbon atoms which is unsubstituted or substituted with at least one fluorine, p is an integer of 0 or 1, and, when R3 is -R6-CF3, p is 0, and R4 is an alkyl group having 1 to 10 carbon atoms which is unsubstituted with fluorine. (“The acrylate monomer of Formula 3 above may include at least one selected from the group consisting of methyl acrylate, methyl methacrylate, ethyl acrylate, ethyl methacrylate, propyl acrylate, propyl methacrylate, butyl acrylate, butyl methacrylate, hexyl acrylate, hexyl methacrylate, ethylhexyl acrylate, ethylhexyl methacrylate, 2,2,2-trifluoroethyl acrylate” Hwang [0082]. As seen below, the structure of Hwang can be identical to that described in claim 8,as 2,2,2 trifluoroethyl acrylate meets all of the claimed limitations of claim 8.)
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Hwang is considered to be analogous to Zhang and Kushida because they are all within the same field of polymer electrolytes for electrochemical devices. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the fluorinated monomer of Kushida to use that of Hwang instead, as they are both known acrylate monomers used in polymer electrolytes, and it would only require a simple substitution of one with the other to achieve the same effect—the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN ELI KASS-MULLET whose telephone number is (571)272-0156. The examiner can normally be reached Monday-Friday 8:30am-6pm except for the first Friday of bi-week.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS SMITH can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752