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 .
Election/Restrictions
1. Applicant’s election without traverse of Species A in the reply filed on 12/08/2025 is acknowledged.
Priority
2. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 10/19/2020. It is noted, however, that applicant has not filed a certified copy of the JP 2020/039254 application as required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 04/18/2023 and 05/11/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
4. Claims 4, 7-8, and 11 are objected to because of the following informalities:
Regarding claim 4, the recitation “in the formula” in claim 4, line 4 should read “in Formula (1)”. There are multiple periods in claim 4 and there should only be one period.
Regarding claim 7, there are multiple periods in claim 7 and there should only be one period.
Regarding claim 8, the recitation “deposited lithium” in claim 8, line 4 should read “deposited lithium metal”.
Regarding claim 11, the recitation “the battery” in claim 11, line 2 should read “the lithium secondary battery”.
Appropriate correction is required.
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.
5. Claim 1-11 is 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.
Regarding claim 1, the recitation “the group” in claim 1, line 6 lacks proper antecedent basis in the claim. For examination purposes the aforementioned recitation will be interpreted as “a group”.
Regarding claim 4, the recitation “the group” in claim 4, line 2 is indefinite because the group has already been recited in claim 1, and further it is unclear how a portion of the compound can include an element from the group and further be part of the group itself. For examination purposes the aforementioned recitation will be interpreted as “a group”.
Regarding claim 6, the recitation “the group” in claim 6, line 2 is indefinite because under the examiner’s interpretation of claim 4 it is unclear if the group recited in claim 6 is referring to the group of claim 1 or the group of claim 4. Further, the group recited in claim 1 consists of N, S, and O therefore it is unclear how this group further includes other substituents. The group recited in claim 4 includes the compound so it is unclear how the group of claim 6 can include both the compound and substituents bonded to the compound. For examination purposes the aforementioned recitation will be interpreted as “a group”.
Further regarding claim 6, the recitation “a hydrocarbon group which is optionally substituted, an amino group which is optionally substituted” in claim 6, lines 3-4 is indefinite because both iterations of the term optionally makes it unclear if the hydrocarbon group and the amino group are or are not substituted. For examination purposes the aforementioned recitation will be interpreted as “a hydrocarbon group, a hydrocarbon group which is substituted, an amino group, an amino group which has been substituted”.
Further regarding claim 6, the claim is rendered indefinite because the Examiner’s interpretation of claim 4 only require one of a compound represented by Formula (1) in claim 4 and a derivative thereof is not required in view of the compound represented by Formula (1).
Regarding claim(s) 2-3, 5, and 7-11, the claim(s) is/are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 1-6 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sadakane et al. (Pub. No. US 20220052381 A1) in view of Chae et al. (Pub. No. KR 20180086949 A).
Regarding claim 1, Sadakane teaches a lithium secondary battery (lithium secondary battery, see [0014]), comprising: a positive electrode (positive electrode, see [0014]); and a negative electrode (negative electrode, see [0014]) not having a negative electrode active material (see [0014] wherein the negative electrode is only disclosed as comprising a negative electrode current collector, see [0083] gives specific example wherein the negative electrode is only the collector and contains no active material layer), but fails to teach wherein at least a part of a surface of the negative electrode facing the positive electrode is coated with a compound containing an aromatic ring to which two or more elements selected from the group consisting of N, S, and O are each independently bonded.
However, Chae teaches wherein at least a part of a surface (S1 or S2, Fig. 5, see [0122]) of the negative electrode (400, Fig. 5, see [0121]) facing the positive electrode (370, Fig. 7, see [0157], note there is a minor translation error as 370 is called an anode, but see further in [0157] the anode is referred to as the positive electrode, see [0159] where the anode current collector 400 is used as the anode current collector therefore since both sides are coated, either way the cathode if flipped will result in that side facing 370) is coated (231 or 241, Fig. 5, see [0121]) with a compound (benzotriazole, see [0191] where 231 and 241 are made of benzotriazole) containing an aromatic ring (aromatic ring, see Benzotriazole Diagram below) to which two or more elements selected from the group consisting of N (N1/N2, see Benzotriazole Diagram below), S, and O are each independently bonded (see benzotriazole diagram below shows N1 and N2 bonded to the aromatic ring). See 112 rejection above for interpretation.
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It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Sadakane to add a coating of benzotriazole to both sides of negative electrode including the face of the negative electrode current collector facing the positive electrode as taught by Chae to prevent the current collector from oxidizing or deteriorating (see [0108] of Chae) and prevent corrosion (see [0167] of Chae). Further Sadakane teaches that modifications can be made (see [0077] of Sadakane).
Regarding claim 2, Sadakane in view of Chae teaches further comprising: a separator (separator, see [0057]) or a solid electrolyte placed between the positive electrode (positive electrode, see [0014]) and the negative electrode (negative electrode, see [0014], see [0057] where the separator is placed between the positive and negative electrode).
Regarding claim 3, Sadakane in view of Chae teaches wherein one or more N (N1/N2, see benzotriazole diagram above) are bonded to the aromatic ring (aromatic ring, see benzotriazole diagram above, see N1 and N2 are bonded to the aromatic ring).
Regarding claim 4, Sadakane in view of Chae teaches wherein the compound (benzotriazole, see [0191] of Chae where 231 and 241 are made of benzotriazole, see modifications above) is at least one selected from the group consisting of a compound represented by Formula (1) (see benzotriazole diagram above) and a derivative thereof. ##STR00052## (see benzotriazole diagram above) (in the formula (see benzotriazole diagram above), X.sup.1 (N3, see benzotriazole diagram above) represents any one of C to which X.sup.3 is bonded or N (see benzotriazole diagram above where N3 is N), X.sup.2 (N1, see benzotriazole diagram above) represents any one of N (N1, see benzotriazole diagram above) to which X.sup.4 (H1, see benzotriazole diagram above where H1 is bonded to N) is bonded, S, or O, X.sup.3 represents -R.sup.1, -NR.sup.1.sub.2, -OR.sup.1, or -SR.sup.1, X.sup.4 (H1, see benzotriazole diagram above) represents any one of -R.sup.2 (H1, see benzotriazole diagram above), -CO-X, -CS-NX.sub.2, or -OX, R.sup.1 represents a hydrogen atom, an unsubstituted monovalent hydrocarbon group, or a pyridyl group, R.sup.2 (H1, see benzotriazole diagram above) represents a hydrogen atom (H1, see benzotriazole diagram above where H1 is a hydrogen atom) or a monovalent hydrocarbon group which is optionally substituted, and X represents a monovalent substituent.) See 112 rejection above for interpretation.
Regarding claim 5, Sadakane in view of Chae teaches wherein the compound (benzotriazole, see [0191] of Chae where 231 and 241 are made of benzotriazole, see modifications above) is at least one selected from the group consisting of benzotriazole (benzotriazole, see [0191] of Chae where 231 and 241 are made of benzotriazole, see modifications above), benzimidazole, benzimidazolethiol, benzoxazole, benzoxazolethiol, benzothiazole, mercaptobenzothiazole, and derivatives thereof.
Regarding claim 6, Sadakane in view of Chae teaches wherein the derivative is a compound in which one or more substituents selected from the group consisting of a hydrocarbon group which is optionally substituted, an amino group which is optionally substituted, a carboxy group, a sulfo group, and a halogen group are each independently bonded to the aromatic ring. See 112 rejection above for interpretation.
Regarding claim 8, Sadakane in view of Chae teaches wherein the lithium secondary battery (lithium secondary battery, see [0014]) is a lithium secondary battery (lithium secondary battery, see [0014]) in which charging and discharging are performed by depositing lithium metal (lithium metal, see [0014] where lithium metal is deposited) on the surface (surface of negative electrode current collector facing the positive electrode, see [0014] wherein the lithium metal deposits on the negative electrode) of the negative electrode (negative electrode, see [0014]) and electrolytically dissolving the deposited lithium (lithium metal, see [0014] where the lithium metal dissolves during discharge).
Regarding claim 9, Sadakane in view of Chae teaches wherein the negative electrode (negative electrode, see [0014]) is an electrode consisting of at least one selected from the group consisting of Cu (copper foil, see [0037] wherein the negative electrode current collector is a copper foil), Ni, Ti, Fe, and other metals that do not react with Li, alloys thereof, and stainless steel (SUS).
Regarding claim 10, Sadakane in view of Chae teaches wherein the negative electrode (negative electrode, see [0014]) does not have a lithium metal (lithium metal, see [0014]) on a surface (surface of negative electrode current collector, see [0041] wherein the lithium metal deposits initially on the surface during charge, therefore none is present prior to charge) of the negative electrode (negative electrode, see [0014]) before initial charge (see [0041] wherein the lithium metal deposits initially on the surface during charge, therefore none is present prior to charge) and/or at an end of discharge (see [0041] wherein the lithium metal deposits initially on the surface during charge and dissolves during discharge).
8. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sadakane et al. (Pub. No. US 20220052381 A1) in view of Chae et al. (Pub. No. KR 20180086949 A) as applied to claim 1 above, and further in view of Ji et al. (Pub. No. US 20200388876 A1).
Regarding claim 7, Sadakane in view of Chae teaches further comprising: electrolyte solution (non-aqueous electrolyte, see [0014]) but fails to teach the electrolyte solution containing, as a solvent, a compound having at least one of a monovalent group represented by Formula (A) or a monovalent group represented by Formula (B). ##STR00053## (in the formulae, a wavy line represents a bonding site in the monovalent group.)
However, Ji teaches an electrolyte solution (electrolyte, see [0061]) containing, as a solvent (co-solvent, see [0062]), a compound (1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether, see diagram below, see [0062]) having at least one of a monovalent group represented by Formula (A) (Group A, see diagram below) or a monovalent group represented by Formula (B) (Group B, see diagram below). ##STR00053## (1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether, see diagram below, see [0062]) (in the formulae, a wavy line represents a bonding site in the monovalent group (Group A and B, diagram below, since the O in the center is bonded in the center it exhibits both groups on each side of the oxygen in the center so both monovalent groups are present).)
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Diagram of solvent compound
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Sadakane in view of Chae to add 1,1,2,2-tetrafluoroethyl 2,2,3,3-tetrafluoropropyl ether to the non-aqueous electrolyte as taught by Ji for improved performance (see [0061] of Ji). Further Sadakane in view of Chae teaches that modifications can be made (see [0077] of Sadakane).
9. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sadakane et al. (Pub. No. US 20220052381 A1) in view of Chae et al. (Pub. No. KR 20180086949 A) as applied to claim 1 above, and further in view of Hu et al. (Pub. No. US 20190260066 A1).
Regarding claim 11, Sadakane in view of Chae is silent to wherein the battery has an energy density of 350 Wh/kg or more.
However, Hu teaches wherein a battery (rechargeable lithium metal anode cell, see [0060]) has an energy density of 350 Wh/kg or more (>350 Wh/kg, see [0060]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Sadakane in view of Chae such that the lithium secondary battery achieves an energy density of greater than 350 Wh/kg as taught by Hu to meet demand for new battery applications (see [0060] of Hu) and be useable in products requiring long runtimes at moderate load (see [0067] of Hu) through modification of result effective variables such as potential versus lithium metal of the cathode material (see [0077] of Hu), cathode capacity (see [0078] of Hu), and thickness of lithium metal anode (see [0070] of Hu, the examiner would like to note since the battery of Sadakane in view of Chae functions with lithium deposited and then dissolved this will contribute to increased energy density by reduction of weight of lithium on the anode in the same way as using a ultra-thin lithium anode as it is not present to increase weight). Further Sadakane in view of Chae teaches that modifications can be made (see [0077] of Sadakane).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723