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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 March 2026 has been entered.
Status of Claims and Other Notes
Claims 1–11 are pending.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0352732 A1.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the term "polymer component" of claim 11 does not find proper antecedent basis in the specification.
Claim Objections
Claim 11 is objected to because of the following informalities:
Claim 11 does not end with a period. Each claim begins with a capital letter and ends with a period. See Fressola v. Manbeck, 36 USPQ2d 1211 (D.D.C. 1995). Claim 11 should end with a period.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 1–10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 11 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 11 recites the limitation "wherein the electrolyte material is free of a polymer component." Applicants indicate that this limitation is supported by the original disclosure by paragraph [0091]. Paragraph [0091] describe the electrolyte material can be a two-component system the lithium salt and the electrophilic molecule without a polymer. However, paragraph [0091] does not describe nor use the term "polymer component." The term "component" is defined as a part or element of a larger whole (see component, New Oxford American Dictionary). It is reasonable to consider a monomer, an initiator, a chain transfer agent, or other molecules/compounds used in polymerization as "polymer components." The original disclosure does not describe the electrolyte material is free of polymer components. Therefore, claim 11 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim Interpretation
Claim 1 recites the limitation "the electrolyte material consisting of a lithium salt and an electrophilic molecule." Claim 1 further recites the limitation "wherein the lithium salt comprises lithium bis(fluorosulfonyl)imide (LiFSI), lithium bis(trifluoromethanesulfonyl)imide (LiTFSI), lithium bis(pentafluoroethanesulfonyl)imide (LiBETI), LiCTFSI (LiN(C2F4S204)), LiN(CN)2, LiBF4, LiClO4, LiPF6, Li(CF3)2PF4, Li(CF3)3PF3, Li(CF3)4PF2, Li(CF3)5PF, Li(CF3)6P, LiCF3SO3, LiCF3CF2SO3, LiCF3CF2(CF3)2CO, Li(CF3SO2)2CH, (SF5)3C, Li (CF3S02)3C, LiCF3(CF2)7SO3, LiCF3CO2, LiCH3CO2, LiSCN or two or more thereof." Claim 2, which is directly dependent from claim 1, recites the limitation "wherein the electrophilic molecule comprises a benzoquinone-based compound." Claim 4, which is directly dependent from claim 1, recites the limitation "wherein the electrophilic molecule comprises benzoquinone, 2,3-dicyano-5,6-dichlorobenzoquinone (DDQ), chloranil, bromanil, p-chloranilic acid or two or more thereof." Claim 5, which is directly dependent from claim 1, recites the limitation "wherein the lithium salt comprises LiFSI, LiTFSI, LiBETI, LiCTFSI or two or more thereof." Claim 7, which is directly dependent from claim 1, recites the limitations "wherein the electrophilic molecule comprises one or more benzoquinone-based compounds, and the lithium salt comprises LiFSI, LiTFSI, LiBETI, LiCTFSI or two or more thereof." Emphases added. The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP § 2111.03 I. Based on the above-mentioned limitations, an electrolyte material consisting of a lithium salt and an electrophilic molecule can have more than one lithium salt and more than one benzoquinone-based compound.
Claim 11 recites the limitation "wherein the electrolyte material is free of a polymer component." The term "component" is defined as a part or element of a larger whole (see component, New Oxford American Dictionary). It is reasonable to consider a monomer, an initiator, a chain transfer agent, or other molecules/compounds used in polymerization as "polymer components." The original disclosure does not describe what encompasses a polymer component. Therefore, a disclosure will meet the limitation "wherein the electrolyte material is free of a polymer component" if it does not include one of a polymer, an initiator, a chain transfer agent, or other molecules/compounds used in polymerization.
Claim Rejections - 35 USC § 102
Claims 1–11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chao et al. (CN 114976212 A, hereinafter Chao).
Regarding claim 1, Chao discloses an electrolyte material for an all-solid-state battery (see solid electrolyte, [0060]), the electrolyte material consisting of:
a lithium salt (see LiTFSI, [0060]) and
an electrophilic molecule (see HQ and CL, [0060]),
wherein the electrophilic molecule is a compound which is electrically neutral, comprises an oxygen atom (O) and has a chemical resonance structure (see HQ and CL, [0060]), and
wherein the lithium salt comprises lithium bis(fluorosulfonyl)imide (LiFSI), lithium bis(trifluoromethanesulfonyl)imide, lithium bis(pentafluoroethanesulfonyl)imide, LiCTFSI, LiN(CN)2, LiBF4, LiClO4, LiPF6, Li(CF3)2PF4, Li(CF3)3PF3, Li(CF3)4PF2, Li(CF3)5PF, Li(CF3)6P, LiCF3SO3, LiCF3CF2SO3, LiCF3CF2(CF3)2CO, Li(CF3SO2)2CH, (SF5)3C, Li(CF3SO2)3C, LiCF3(CF2)7SO3, LiCF3CO2, LiCH3CO2, LiSCN or two or more thereof (see LiTFSI, [0060]).
Regarding claim 2, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the electrophilic molecule comprises a benzoquinone-based compound (see HQ and CL, [0060]).
Regarding claim 3, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein one or more hydrogens of the benzoquinone-based compound are each independently substituted with a functional group having a cyano group (CN), chloride (Cl) or bromide (Br) (see HQ and CL, [0060]).
Regarding claim 4, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the electrophilic molecule comprises benzoquinone, 2,3-dicyano-5,6-dichlorobenzoquinone (DDQ), chloranil, bromanil, p-chloranilic acid or two or more thereof (see HQ and CL, [0060]).
Regarding claim 5, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the lithium salt comprises LiFSI, LiTFSI, LiBETI, LiCTFSI or two or more thereof (see LiTFSI, [0060]).
Regarding claim 6, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein a molar ratio of the electrophilic molecule to the lithium salt, the electrophilic molecule/the lithium salt, is 1 to 3 (see solid electrolyte, [0060]).
Chao discloses a molar ratio of the electrophilic molecule to the lithium salt, the electrophilic molecule/the lithium salt, is 2.1 (see solid electrolyte, [0060]). Chao discloses an electrolyte material containing HQ (i.e., an electrophilic molecule), CL (i.e., an electrophilic molecule), and LiTFSI (i.e., a lithium salt) at a molar ratio of 1:0.92:0.92.
Regarding claim 7, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the electrophilic molecule comprises one or more benzoquinone-based compounds (see HQ and CL, [0060]), and
the lithium salt comprises LiFSI, LiTFSI, LiBETI, LiCTFSI or two or more thereof (see LiTFSI, [0060]), and
a molar ratio of the electrophilic molecule to the lithium salt, the electrophilic molecule/the lithium salt, is 1 to 3 (see HQ and CL, [0060]).
Chao discloses a molar ratio of the electrophilic molecule to the lithium salt, the electrophilic molecule/the lithium salt, is 2.1 (see solid electrolyte, [0060]). Chao discloses an electrolyte material containing HQ (i.e., an electrophilic molecule), CL (i.e., an electrophilic molecule), and LiTFSI (i.e., a lithium salt) at a molar ratio of 1:0.92:0.92.
Regarding claim 8, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the electrolyte material consists of LiTFSI as the lithium salt (see LiTFSI, [0060]), and chloranil as the electrophilic molecule (see CL, [0060]).
Regarding claim 9, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the electrolyte material consists LiTFSI as the lithium salt (see LiTFSI, [0060]) and chloranil as the electrophilic molecule (see CL, [0060]), and
a molar ratio of the electrophilic molecule to the lithium salt, the electrophilic molecule/the lithium salt, is 1 to 3 (see solid electrolyte, [0060]).
Chao discloses a molar ratio of the electrophilic molecule to the lithium salt, the electrophilic molecule/the lithium salt, is 2.1 (see solid electrolyte, [0060]). Chao discloses an electrolyte material containing HQ (i.e., an electrophilic molecule), CL (i.e., an electrophilic molecule), and LiTFSI (i.e., a lithium salt) at a molar ratio of 1:0.92:0.92.
Regarding claim 11, Chao discloses all the claim limitations as set forth above and further discloses an electrolyte material:
wherein the electrolyte material is free of a polymer component (see solid electrolyte, [0060]).
Regarding claim 10, Chao discloses an all-solid-state battery comprising a negative electrode, a positive electrode and a solid electrolyte membrane between the negative electrode and the positive electrode, wherein the solid electrolyte membrane consists essentially of a electrolyte material (see solid-state lithium battery, [0080]), wherein the electrolyte material consisting of:
a lithium salt (see LiTFSI, [0060]) and
an electrophilic molecule (see HQ and CL, [0060]),
wherein the electrophilic molecule is a compound which is electrically neutral, comprises an oxygen atom (O) and has a chemical resonance structure (see HQ and CL, [0060]), and
wherein the lithium salt comprises lithium bis(fluorosulfonyl)imide (LiFSI), lithium bis(trifluoromethanesulfonyl)imide, lithium bis(pentafluoroethanesulfonyl)imide, LiCTFSI, LiN(CN)2, LiBF4, LiClO4, LiPF6, Li(CF3)2PF4, Li(CF3)3PF3, Li(CF3)4PF2, Li(CF3)5PF, Li(CF3)6P, LiCF3SO3, LiCF3CF2SO3, LiCF3CF2(CF3)2CO, Li(CF3SO2)2CH, (SF5)3C, Li(CF3SO2)3C, LiCF3(CF2)7SO3, LiCF3CO2, LiCH3CO2, LiSCN or two or more thereof (see LiTFSI, [0060]).
Response to Arguments
Applicant's arguments with respect to Chao have been fully considered but they are not persuasive.
Applicants argue the claimed electrolyte material "consisting of a lithium salt and an electrophilic molecule" does not include an electron donor component (P6/¶6, P7/¶2). It is noted that the features upon which applicant relies (i.e., the electrolyte material does not include an electron donor component) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Claim 1 recites the limitation "the electrolyte material consisting of a lithium salt and an electrophilic molecule." Claim 1 further recites the limitation "wherein the lithium salt comprises lithium bis(fluorosulfonyl)imide (LiFSI), lithium bis(trifluoromethanesulfonyl)imide (LiTFSI), lithium bis(pentafluoroethanesulfonyl)imide (LiBETI), LiCTFSI (LiN(C2F4S204)), LiN(CN)2, LiBF4, LiClO4, LiPF6, Li(CF3)2PF4, Li(CF3)3PF3, Li(CF3)4PF2, Li(CF3)5PF, Li(CF3)6P, LiCF3SO3, LiCF3CF2SO3, LiCF3CF2(CF3)2CO, Li(CF3SO2)2CH, (SF5)3C, Li (CF3S02)3C, LiCF3(CF2)7SO3, LiCF3CO2, LiCH3CO2, LiSCN or two or more thereof." Claim 2, which is directly dependent from claim 1, recites the limitation "wherein the electrophilic molecule comprises a benzoquinone-based compound." Claim 4, which is directly dependent from claim 1, recites the limitation "wherein the electrophilic molecule comprises benzoquinone, 2,3-dicyano-5,6-dichlorobenzoquinone (DDQ), chloranil, bromanil, p-chloranilic acid or two or more thereof." Claim 5, which is directly dependent from claim 1, recites the limitation "wherein the lithium salt comprises LiFSI, LiTFSI, LiBETI, LiCTFSI or two or more thereof." Claim 7, which is directly dependent from claim 1, recites the limitations "wherein the electrophilic molecule comprises one or more benzoquinone-based compounds, and the lithium salt comprises LiFSI, LiTFSI, LiBETI, LiCTFSI or two or more thereof." Emphases added. The transitional term "comprising", which is synonymous with "including," "containing," or "characterized by," is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP § 2111.03 I. Based on the above-mentioned limitations, it is clear that an electrolyte material consisting of a lithium salt and an electrophilic molecule can have more than one lithium salt and more than one benzoquinone-based compound. Therefore, the claimed electrolyte material "consisting of a lithium salt and an electrophilic molecule" can include an electron donor component.
Applicants argue claims 2–10 are patentable because they depend from claim 1 (P7/¶6). Claim 1 is not patentable as detailed above.
Applicant's arguments with respect to Oda 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.
Conclusion
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725