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 Arguments
Applicant's arguments filed 7-22-2026 have been fully considered but they are not persuasive. The rejection of claims 1-9 and 11 remain rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because: Claim 1 is rejected because the claim comprises a method of making an electrolyte formulation but claim 1, only claims one method step of “combining”. Therefore claim 1 is rejected because the claim is not claiming a method because a method claim needs to contain at least two method steps. Claim 1 is also rejected because no method of making an electrolyte formation is being claimed but instead is claiming a metal ion and an additive. Therefore, claim 1 is not claiming “a method” of preparing an electrolyte formation.
Applicant’s arguments with respect to claim(s) 1-9 and 11 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.
Election/Restrictions
Applicant's election with traverse of Invention I, claims 1-8, drawn to a method for preparing a nonaqueous battery electrolyte formation, claim 9, drawn to a battery electrolyte formulation and claim 11, drawn to a battery comprising the battery electrolyte formulation in the reply filed on 3-4-2026 is acknowledged. The traversal is on the ground(s) that claims 10 and 12-26 should not be restricted and therefore also should be searched. This is not found persuasive because a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories listed as (1)-(5). (1) A product and a process specifically adapted for the manufacture of said product; or(2) A product and process of use of said product; or(3) A product, a process specifically adapted for the manufacture of said product, and a use of the said product; or(4) A process and an apparatus or means specifically designed for carrying out the said process; or(5) A product, a process specifically adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
In this application, the contribution that was used in considering unity of invention was (3) a product, claim 9, a process specially adapted for the manufacture of the said product, claims 1-8 and the use of the said product, claim 11. See MPEP 1893.03 (d).
The requirement is still deemed proper and is therefore made FINAL.
Claims 10 and 12-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3-4-2026.
Claim Rejections - 35 USC § 112
Claims 1-9, 11 and 27-28 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. Claim 1 is rejected because the claim comprises a method of making an electrolyte formulation but claim 1, only claims one method step of “combining”. Therefore claim 1 is rejected because the claim is not claiming a method because a method claim needs to contain at least two method steps. Claim 1 is rejected because no method of making an electrolyte formation is being claimed but instead is claiming a metal ion and an additive comprising “the compound”. Therefore, claim 1 is not claiming “a method” of preparing an electrolyte formation. Claim 1 is rejected because the claim is claiming a method of preparing an electrolyte formulation, but an electrolyte formulation would only comprise the metal salt or the ammonium salt and not comprise an additive compound. Claim 1 is rejected because since the claim is claiming a method, it is unclear where the metal ion or ammonium ion comes from. Claim 3 would resolve this issue if this claim was moved up to claim 1 and turned into a method step. Claim 8 is rejected because it is unclear what is being claimed because claim 1 is claiming a method for preparing an electrolyte formulation but claim 8 is claiming a method step of forming a secondary battery. This makes the claim vague and indefinite. Claim 8 is rejected because it is unclear what is being claimed because claim 1 is claiming a method for preparing an electrolyte formulation but the claim has a phrase “the compound of Formula 1”. This makes the claim vague and indefinite. Claim 9 is rejected because the claim is claiming an electrolyte formulation, but an electrolyte formulation would only comprise the metal salt or the ammonium salt and not comprise an additive compound. Claim 9 is rejected because it is unclear where the metal ion or ammonium ion comes from. Claim 11 is rejected because the claim is claiming a battery comprising an electrolyte formulation, but an electrolyte formulation would only comprise the metal salt or the ammonium salt and not comprise an additive compound. Claim 11 is rejected because it is unclear where the metal ion or ammonium ion comes from. In addition, the battery components such as an electrolyte solution, a cathode and anode are not being claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Raman et al. (US 2017/0256368) teaches in [0043], additives comprising fluorinated compounds such as hydro fluorinated ether having the structures of Formula III:
PNG
media_image1.png
137
169
media_image1.png
Greyscale
. Raman et al. teaches in claim 1, an additive comprising a hydro fluorinated ether (HFE), hydro fluorinated ether branched cyclic carbonate, etc. in an amount of 0.5-5 wt%. Raman et al. teaches in claims 1 and 7-8, a lithium cell comprising a cathode, an anode, a separator and an electrolyte comprising a solvent, a lithium salt and at least one additive where the lithium salt is LiPF6 in an amount of 0.8 to 1.4 M. Raman et al. teaches in claims 2-5, where the solvent comprises one or more carbonates selected from EC, PC, DEC, DMC, EMC and combinations thereof. Zhu et al. (CN 103456993, machine translation) teaches a lithium battery comprising an electrolyte solution comprising a second additive comprising a fluoro-ether of the structure represented by formula (2), specifically teaching in [0011], CF3-CFH(CF2) -C- (CH3)2[OCF2CHFCF2CF2CF3]. Zhu et al. teaches in [0014], where the solution comprises two or a mixture of non-aqueous solvents comprising propylene carbonate, etc. in an amount of 12-90 wt% and teaches in [0015], wherein the lithium salt can be LiPF6, LiBF4, etc. Zhu et al. teaches in [0007], a high-voltage lithium-ion battery comprising the electrolyte solution. Costello et al. (US 2007/0054186) teaches in Examples 1-65 an electrolyte solution comprising LiPF6 in EC, DEC and EMC and a hydrofluoroether (HFE) comprising CF3CFHCF2 -C-H(CH3)[O-CF2CFHCF3] or Compound 3. Costello et al. teaches in claims 29 and 31-32, where the battery comprises a negative electrode comprising lithium, etc. Costello et al. teaches that at least one hydrofluoroether compound can comprise:
PNG
media_image2.png
130
245
media_image2.png
Greyscale
. Costello et al. teaches in claims 15-17, where the electrolyte solution can comprise PC, EC, DEC, EMC, dimethoxyethane, dioxolane, FEC, etc. in an amount of up to 80 vol%.
Segawa (US 2009/0130567) teaches in [0038], a fluorinated ether comprising:
PNG
media_image3.png
223
221
media_image3.png
Greyscale
. Segawa teaches in the Examples electrolyte solutions comprising BETI or LiPF6 in solvents comprising the fluorinated ether and 50 vol% of a mixture of EC and DEC. Example A48 teaches an electrolyte solution comprising the lithium salt (TFSI) lithium bis(trifluoromethanesulfone)imide and in Example A53 teaches an electrolyte solution comprising PC and (DME) dimethoxyethane. Segawa teaches on pages 9-10 a battery comprising a positive electrode, a negative electrode and the electrolyte solution. 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 Laura Weiner whose telephone number is (571)272-1294. The examiner can normally be reached 9 am-5 pm EST M, Th and F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
Prosecution Insights