DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-3, 6, 9, 11, 14, and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “low melting point” in claims 1 and 9 is a relative term which renders the claim indefinite. The term “low melting point” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim would need to recite a temperature.
The term “high electrochemical stability” in claim 1 is a relative term which renders the claim indefinite. The term “high electrochemical stability” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim would need to recite a voltage.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5, 6, 9-14, 17-23, 25-28, 30-34, and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiga et al. (US 2007/0287071).
Regarding claims 1-3, 5, 11-13, 19-22, and 31-33, Chiga discloses nonaqueous electrolyte solution for secondary battery comprising:
an electrolyte with a lithium salt (abstract); and
FEC and methyl propionate (MP) in a volume ratio of 10:90, 20:80, and 30:70 (para 0083: Examples A15-A17).
Regarding claims 6, 9, 14, 17, 23, 25, 28, and 34, Chiga discloses graphite as the negative electrode (para 0052) and lithium cobalt oxide as the positive electrode (para 0051).
Regarding claim 10, 18, 26, 27, 30, and 37, Chiga discloses 1 mole/L LiPF6 (para 0053).
Conclusion
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723