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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Information Disclosure Statement (IDS) submitted April 6, 2023 has been received and considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5, 8-13, 16-17, and 19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Li et al. CN- 111244541-A (hereinafter “Li”).
Regarding Claims 1-3, 9-11, and 19, Li discloses an electronic apparatus (electronic device) (meeting Claim 19), comprising an electrochemical apparatus (electrochemical device) comprising a positive electrode, a negative electrode (meeting Claim 9), and an electrolyte (see paragraphs [0002]-[0007], [0038], [0110], and [0115]-[0116]); the electrolyte comprising a first composition and a second composition (see paragraphs [0075] and [0098]); wherein the first composition comprises a compound (disclosed as Formula III-3 in Li) corresponding to the claimed compound of Claim 3 and Claim 11 (thus fitting the genus formula I-A of Claims 1, 9, and 19 and meeting Claim 1, Claim 3, Claim 9, Claim 11, and Claim 19) (see comparison of compounds below) (see paragraphs [0020]-[0035]). Further, in Formula III-3 of Li, A11 is the same as A13 (meeting Condition (5) of Claim 2 and Claim 10).
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Figure 1. Composition of Li
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Figure 2. First Composition of Claims 3 and 11 of Instant Application
Li further discloses the second composition comprises a compound (disclosed as Formula II-2 in Li) corresponding to the claimed compound of Claim 3 and Claim 11 (thus fitting the genus formula II of Claims 1, 9, and 19 and meeting Claim 1, Claim 3, Claim 9, Claim 11, and Claim 19) (see comparison of compounds below) (see paragraphs [0020]-[0035]).
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Figure 3. Composition of Li
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Figure 4. Second Composition of Claims 3 and 11 of Instant Application
Regarding Claims 4, 12, and 17, Li discloses the electrolyte according to claims 1 and 9 (see rejection of claims 1 and 9 above). Li further discloses the wt% (which a skilled artisan would recognize as an equivalent measurement to % mass) of the first composition (Formula III-3 of Li) is 0.01 wt% to 5 wt% based on the total weight of the electrolyte, with a specific example of Formula III-3 being 3 wt% (Example 2.4 from Table 2-1 seen below) (see paragraphs [0020]-[0024], [0033], [0154] and Table 2-1). This falls within and therefore anticipates the claimed ranges of 0.01≤X≤10 and 0.2≤X≤5, wherein X % is a mass percentage of the first composition based on a total mass of the electrolyte (meeting Condition (1) of Claim 4 and Claim 12 and Condition (1) of Claim 17).
Li further discloses the wt% (which a skilled artisan would recognize as an equivalent measurement to % mass) of the second composition (Formula II-2 of Li) may be 10 wt% based on the total weight of the electrolyte (Example 2.4 from Table 2-1 seen below) (see paragraphs [0020]-[0024], [0033], [0154] and Table 2-1). This falls within and therefore anticipates the claimed ranges of 0.01≤Y≤20 and 2≤Y≤20, wherein Y % is a mass percentage of the second composition based on a total mass of the electrolyte (meeting Condition (2) of Claim 4 and Claim 12 and Condition (2) of Claim 17).
Li further discloses the wt% (which a skilled artisan would recognize as an equivalent measurement to % mass) of the first composition (Formula III-3 of Li) is 3 wt% based on the total weight of the electrolyte and the wt% of the second composition (Formula II-2 of Li) may be 10 wt% based on the total weight of the electrolyte (Example 2.4 from Table 2-1 seen below) (see paragraphs [0020]-[0024], [0033], [0154] and Table 2-1), making X/Y equal to 0.3. This falls within and therefore anticipates the claimed ranges of 0.01≤X/Y≤5.0 and 0.05≤X/Y≤2.5, wherein X % is a mass percentage of the first composition based on a total mass of the electrolyte and Y % is a mass percentage of the second composition based on a total mass of the electrolyte (meeting Condition (3) of Claim 4 and Claim 12 and Condition (3) of Claim 17).
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Figure 5. Table 2-1 of Li
Regarding Claims 5 and 13, Li discloses the electrolyte according to claims 1 and 9 (see rejection of claims 1 and 9 above). Li further discloses the electrolyte contains ethylene carbonate (see paragraph [0154]).
Regarding Claims 8 and 16, Li discloses the electrolyte according to claims 1 and 9 (see rejection of claims 1 and 9 above). Li further discloses the electrolyte may comprise trimethyl phosphate or triphenyl phosphate (correlating to a fifth composition) in an amount of not less than 0.5 wt% to no more than 5 wt% based on the total weight of the electrolyte (which a skilled artisan would recognize as an equivalent measurement to % mass) (see paragraphs [0103]-[0104]). This falls within and therefore anticipates the claimed range of 0.01≤E≤5, wherein a mass percentage of the fifth composition is E% (meeting Condition (2) of Claim 8 and Claim 16).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 5-7, 13-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Li, as applied to Claims 1 and 9, and further in view of Cui et al. CN-112119530-A (US-20210408600-A1 used as translation and cited in PTO-892) (hereinafter “Cui”).
Regarding Claims 5-7, 13-15, and 18, Li discloses the electrolyte according to claims 1 and 9 (see rejection of claims 1 and 9 above).
Li is not sufficiently specific on the wt% of the third composition of ethylne carbonate or fluoroethylene carbonate.
However, in the same field of endeavor of electrolyte compositions (see abstract), Cui discloses an electrolyte composition comprising a compound with nitrile groups, an ester compound with a fluoroalkyl group, and further comprising fluoroethylene carbonate (meeting Claim 5 and Claim 13) in an amount of 0.01 wt% to 10 wt% (which a skilled artisan would recognize as an equivalent measurement to % mass) (see paragraphs [0015]-[0016], [0020]-[0025], [0061], and [0063]). This falls within and therefore anticipates the claimed ranges of 0.01≤C≤30 wherein a mass percentage of the third composition is C based on a total weight of the electrolyte, 0.01≤C2≤20 wherein a mass percentage of the fluoroethylene carbonate is C2% based on a total weight of the electrolyte, and 0.01≤C≤20 wherein a mass percentage of the third composition is C based on a total weight of the electrolyte (meeting Condition (1) of Claim 6 and Claim 14, Condition (2) of Claim 7 and Claim 15, and Condition (1) of Claim 18, respectively).
Li additionally discloses including fluoroethylene carbonate in an amount of 0.01 wt% to 10 wt% with the compound with nitrile groups and ester compound with a fluoroalkyl group can fully affect the formation of the solid-electrolyte interface (SEI) film on the anode surface, and significantly improve cycle performance (see paragraph [0063]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the electrolyte composition of Li wherein the electrolyte further comprises fluoroethylene carbonate in an amount of 0.01 wt% to 10 wt%, as disclosed by Cui, in order to achieve improved cycle performance.
Conclusion
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729