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 .
Response to Amendment
Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8 and 10-15 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8 and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2018/0175450 hereinafter Chesneau in view of U.S. Pre-Grant Publication No. 2016/0329567 hereinafter Lee.
Regarding Claims 1 and 13, Chesneau teaches an electrochemical cell (Li-ion secondary battery) comprising: a positive electrode (cathode) that includes a positive electrode active material; a negative electrode (anode) that includes a negative electrode active material; a separator disposed between the positive electrode and the negative electrode; and an electrolyte solution (paragraphs 88-92, 135), wherein the electrolyte solution comprises an organic solvent containing a nitrile-based solvent, a lithium salt and a compound additive such as CF2H(CF2)3CH2OCF2CF2H (paragraphs 11-15, see claims 1 and 11 which is equivalent to Applicant’s claimed formula 1A).
Chesneau further teaches that the electrolyte solution comprises at least 50 vol% of the organic solvent (paragraph 41) and 1 to 60 vol% of the compound additive based on the total volume of the electrolyte composition (paragraph 59).
Chesneau does not specifically disclose that the organic solvent is succinonitrile in an amount of 90 to 100 vol% of the total volume organic solvent.
However, Lee teaches a liquid electrolyte for a lithium battery (paragraphs 183-185), wherein the liquid electrolyte comprises an organic solvent such as succinonitrile (paragraph 55). Lee specifically discloses that succinonitrile can be used as the only organic solvent (i.e., 100 vol% of the organic solvent is succinonitrile). Therefore, it would have been obvious to one of ordinary skill in the art to use succinonitrile as the only organic solvent before the effective filing date of the claimed invention because such inclusion in the lithium battery may further improve the conductivity and mechanical characteristics of the electrolyte. (paragraph 186).
The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. _,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, C.).
Regarding Claims 2-5, the combination teaches that the electrolyte comprises a compound additive such as CF2H(CF2)3CH2OCF2CF2H (paragraphs 11-15 of Chesneau, see claims 1 and 11 which is equivalent to Applicant’s claimed formula 1A).
Regarding Claims 6-8, the combination teaches that the electrolyte further comprises other additives (paragraphs 11-15 of Chesneau) and as evidence by CN 103570873 cited in IDS filed 03-10-23, the electrolyte can include the claimed additive in such amount (see claims 1 and 3).
Regarding Claims 10-12, the combination teaches that the electrolyte comprises organic solvent such as succinonitrile and a carbonate-based solvent, and a lithium salt with concentration of 2M (see Chesneau and Lee as described above).
Regarding Claims 14-15, the combination teaches that the negative electrode comprises graphite as the active material (paragraph 144 of Chesneau).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A 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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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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