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 7-21-2026 have been fully considered but they are not persuasive. The rejection of claim(s) 1-2 and 7-13 remain rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ji et al. (US 2020/0144672) because Ji et al. teaches in [0010-0011], that the phosphorus-based compound can be Formula (B):
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67
87
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where Y is
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45
31
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and specific examples of phosphorus-based compounds are taught in on page 17, [0072], such as
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157
387
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.
Applicant’s arguments with respect to claim(s) 1-13 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 and 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ji et al. (US 2020/0144672). Ji et al. teaches in [0010-0011], that the phosphorus-based compound can be Formula (B):
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67
87
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where Y is
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45
31
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and specific examples of phosphorus-based compounds are taught in on page 17, [0072], such as
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157
387
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[teaching where A, B and C are substituted or unsubstituted nitrogen containing heterocyclic groups which is non-aromatic, teaching claims 1-2]. Ji et al. teaches in [0073], that the concentration of the phosphorus-based compound in the electrolyte solution can be 0.1-10 wt% or 1-5 wt% or 1-3 wt% [teaching claims 7-10]. Ji et al. teaches in [0158], a battery comprising an anode comprising a Si-based material, a cathode and an electrolyte system comprising a phosphorus-based compound, a solvent and a lithium salt [teaching claim 11]. Ji et al. teaches in [0079], that the cathode can comprise LiCoO2, LiNi0.6Co0.2Mn0.2O2, etc. [teaching claims 12-13].
Claim(s) 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vinogradov et al. article given in IDS filed 6-30-2026. Vinogradov et al. teaches that
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is known. Thus, teaching when A,B and C are imidazole groups. Claim Rejections - 35 USC § 103
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.
Claim(s) 1-2, 4 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ji et al. (US 2020/0144672). Ji et al. teaches in [0010-0011], that the phosphorus-based compound can be Formula (B):
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67
87
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where Y is
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45
31
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and specific examples of phosphorus-based compounds are taught in on page 17, [0072], such as
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157
387
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and
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148
139
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[teaching where A, B and C are substituted or unsubstituted nitrogen containing heterocyclic groups which is non-aromatic, teaching claims 1-2]. Ji et al. teaches in [0073], that the concentration of the phosphorus-based compound in the electrolyte solution can be 0.1-10 wt% or 1-5 wt% or 1-3 wt% [teaching claims 7-10]. Ji et al. teaches in [0158], a battery comprising an anode comprising a Si-based material, a cathode and an electrolyte system comprising a phosphorus-based compound, a solvent and a lithium salt [teaching claim 11]. Ji et al. teaches in [0079], that the cathode can comprise LiCoO2, LiNi0.6Co0.2Mn0.2O2, etc. [teaching claims 12-13]. Ji et al. discloses the claimed invention as explained above teaching an additive containing A, B and C are pyrrolidine groups but does not specifically teach that the additive containing A, B and C are substituted pyrrolidine groups. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use add a -CH3 group to the nitrogen ring because Ji et al. teaches that having a substituted group or non-substituted group on the nitrogen-containing heterocyclic ring is known.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kodama et al. (JP 2014-127354, translation given) teaches in the abstract, a nonaqueous secondary battery capable of achieving both high overcharge prevention properties and deterioration suppression of battery performance even if a positive electrode potential is used at high potential comprising an electrolyte solution comprising at least one of nitrogen containing compound additive having a specific structure such as
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, a metal ion belonging to Group I or Group II of the periodic table or salt thereof and an organic solvent.Kodama et al. teaches in [0147]
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[a pyrazolyl group which is not substituted]. Kodama et al. teaches in Example 1, an electrolyte solution for battery (1) where the component (A) is added to the solvent shown in Table 1 in the amount of 0.1, 0.5, 3, 5 and 10wt% and the electrolyte comprising 1M of LiPF6 or LiBF4 is added. Kodama et al. teaches a battery comprising a positive electrode comprising LiNi1/3Mn1/3Co1/3O2; a negative electrode and the electrolyte solution.
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.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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