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 .
Status of Claims and Other Notes
Claims 1–6 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0198021 A1.
Election/Restrictions
Applicant’s election of Formula 1-14 and Formula 5-2 in the reply filed on 18 December 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because:
There are two view numbers associated with each drawing (e.g., FIG. 1, [FIG. 1]). A single view number should be associated with each drawing.
The numbers and letters identifying the views are associated with brackets. Numbers and letters identifying the views must be simple and clear and must not be used in association with brackets, circles, or inverted commas. The view numbers must be larger than the numbers used for reference characters. See 37 CFR 1.84 (u)(2).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: ELECTROLYTIC SOLUTION INCLUDING A DIESTER COMPOUND AND SULFUR-CONTAINING COMPOUND, AND SECONDARY BATTERY INCLUDING THE SAME.
The disclosure is objected to because of the following informalities:
The use of the term Ketjen black (e.g., [0210]), which is a trade name or a mark used in commerce, has been noted in this application. The term is not accompanied by generic terminology and does not include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
The term Ketjen black should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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.
Claims 1–6 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 recites the limitation "an asterisk (*) in each of Formula (15) and Formula (16) represents a bond." A bond is defined as a strong force of attraction holding atoms together in a molecule or crystal, resulting from the sharing or transfer of electrons (see bond, New Oxford American Dictionary). Claim 1 does not specify the atom that may be bonded at the asterisk. Therefore, the sulfur-containing compound represented by Formula (15) or Formula (16) is indefinite because the asterisk represents a bond formed to an undefined atom.
Claims 2–5 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–5 are also 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 6 recites the limitation "an asterisk (*) in each of Formula (15) and Formula (16) represents a bond." A bond is defined as a strong force of attraction holding atoms together in a molecule or crystal, resulting from the sharing or transfer of electrons (see bond, New Oxford American Dictionary). Claim 1 does not specify the atom that may be bonded at the asterisk. Therefore, the sulfur-containing compound represented by Formula (15) or Formula (16) is indefinite because the asterisk represents a bond formed to an undefined atom.
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.
Claims 1–6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ihara et al. (US 2010/0178569 A1, hereinafter Ihara).
Regarding claim 1, Ihara discloses a secondary battery comprising a positive electrode (21); a negative electrode (22); and an electrolytic solution (TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]) including
a solvent (see EC:DMC, [0195]; see DEC, [0208]),
an electrolyte salt (see LiPF6, [0195]),
a diester compound represented by Formula (1) (see formula (1-1), [0041]; see formula (1-1), TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]), and
at least one of respective sulfur-containing compounds represented by Formulae (2) to (14) (see formula (4-2), [0041]; see formula (4-2), TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]),
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81
202
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(see formula (1-1), [0041])
where each of R1 and R2 is one of a halogen group, an alkyl group, an alkoxy group, a halogenated alkyl group, or a halogenated alkoxy group (see formula (1-1), [0041]), and
each of R3 to R6 is one of a hydrogen group, a halogen group, an alkyl group, or a halogenated alkyl group (see formula (1-1), [0041]),
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104
342
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(see formula (4-2), [0041])
where each of R11 and R12 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R11 and R12 are optionally bonded to each other (see formula (4-2), [0041]),
R13 is one of an alkyl group, an aryl group, a hydroxyalkyl group, a lithium alkoxide group, a halogenated alkyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R14 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
each of R15 and R16 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]), and
R15 and R16 are optionally bonded to each other (see formula (4-2), [0041]),
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153
367
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(see formula (4-2), [0041])
where each of R17 and R18 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R17 and R18 are optionally bonded to each other (see formula (4-2), [0041]),
each of R19 and R20 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]),
R21 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
R22 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]),
R23 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
R24 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
each of R25 and R26 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]), and
R27 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
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215
395
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(see formula (4-2), [0041])
where each of R28 and R29 is one of a hydrogen group, a lithium group, an alkyl group, a hydroxyalkyl group, a lithium alkoxide group, or a halogenated alkyl group (see formula (4-2), [0041]),
R28 and R29 are optionally bonded to each other (see formula (4-2), [0041]),
1,2-ethylenesulfate and 1-methyl-1,2-ethylenesulfate are excluded from the sulfur-containing compound represented by Formula (9) (see formula (4-2), [0041]),
each of R30 and R31 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R30 and R31 are optionally bonded to each other (see formula (4-2), [0041]),
R32 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
R33 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]),
R34 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
each of R35 and R36 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
R37 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
each of R38 and R39 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]), and
R40 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
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149
324
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(see formula (4-2), [0041])
where each of R41 to R44 is one of a hydrogen group, an alkyl group, a halogenated alkyl group, a group represented by Formula (15), or a group represented by Formula (16) (see formula (4-2), [0041]),
at least one of R41 to R44 is one of the group represented by Formula (15) or the group represented by Formula (16) (see formula (4-2), [0041]),
each of R45 and R46 is one of an alkylene group or a halogenated alkylene group, or is omitted (see formula (4-2), [0041]),
R47 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]), and
an asterisk (*) in each of Formula (15) and Formula (16) represents a bond (see formula (4-2), [0041]).
Regarding claim 2, Ihara discloses all the claim limitations as set forth above and further discloses further a secondary battery:
wherein carbon number of each of the alkyl group, the alkoxy group, the hydroxyalkyl group, the lithium alkoxide group, the halogenated alkyl group, and the halogenated alkoxy group is greater than or equal to 1 and less than or equal to 4 (see formula (1-1), [0041]; see formula (4-2), [0041]),
carbon number of each of the alkenyl group and the halogenated alkenyl group is greater than or equal to 2 and less than or equal to 4 (see formula (1-1), [0041]; see formula (4-2), [0041]),
carbon number of each of the aryl group and the halogenated aryl group is greater than or equal to 6 and less than or equal to 10 (see formula (1-1), [0041]; see formula (4-2), [0041]), and
carbon number of each of the alkylene group and the halogenated alkylene group is greater than or equal to 1 and less than or equal to 4 (see formula (1-1), [0041]; see formula (4-2), [0041]).
Regarding claim 3, Ihara discloses all the claim limitations as set forth above and further discloses further a secondary battery:
wherein a content of the diester compound in the electrolytic solution is greater than or equal to 0.001 percent by weight and less than or equal to 5 percent by weight (TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]).
Regarding claim 4, Ihara discloses all the claim limitations as set forth above and further discloses further a secondary battery:
wherein a content of the sulfur-containing compound in the electrolytic solution is greater than or equal to 0.001 percent by weight and less than or equal to 5 percent by weight (TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]).
Regarding claim 5, Ihara discloses all the claim limitations as set forth above and further discloses further a secondary battery:
wherein the secondary battery comprises a lithium-ion secondary battery (TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]).
Regarding claim 6, Ihara discloses an electrolytic solution for a secondary battery (TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]), the electrolytic solution comprising:
a solvent (see EC:DMC, [0195]; see DEC, [0208]),
an electrolyte salt (see LiPF6, [0195]),
a diester compound represented by Formula (1) (see formula (1-1), [0041]; see formula (1-1), TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]), and
at least one of respective sulfur-containing compounds represented by Formulae (2) to (14) (see formula (4-2), [0041]; see formula (4-2), TABLE 1, [0195]; TABLE 3, [0204]; TABLE 4, [0206]; TABLE 5, [0208]; TABLE 7, [0210]; TABLE 8, [0212]; TABLE 9, [0218]; TABLES 10 to 12, [0223]),
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81
202
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(see formula (1-1), [0041])
where each of R1 and R2 is one of a halogen group, an alkyl group, an alkoxy group, a halogenated alkyl group, or a halogenated alkoxy group (see formula (1-1), [0041]), and
each of R3 to R6 is one of a hydrogen group, a halogen group, an alkyl group, or a halogenated alkyl group (see formula (1-1), [0041]),
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104
342
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(see formula (4-2), [0041])
where each of R11 and R12 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R11 and R12 are optionally bonded to each other (see formula (4-2), [0041]),
R13 is one of an alkyl group, an aryl group, a hydroxyalkyl group, a lithium alkoxide group, a halogenated alkyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R14 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
each of R15 and R16 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]), and
R15 and R16 are optionally bonded to each other (see formula (4-2), [0041]),
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153
367
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(see formula (4-2), [0041])
where each of R17 and R18 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R17 and R18 are optionally bonded to each other (see formula (4-2), [0041]),
each of R19 and R20 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]),
R21 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
R22 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]),
R23 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
R24 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
each of R25 and R26 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]), and
R27 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
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215
395
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(see formula (4-2), [0041])
where each of R28 and R29 is one of a hydrogen group, a lithium group, an alkyl group, a hydroxyalkyl group, a lithium alkoxide group, or a halogenated alkyl group (see formula (4-2), [0041]),
R28 and R29 are optionally bonded to each other (see formula (4-2), [0041]),
1,2-ethylenesulfate and 1-methyl-1,2-ethylenesulfate are excluded from the sulfur-containing compound represented by Formula (9) (see formula (4-2), [0041]),
each of R30 and R31 is one of an alkyl group, an alkenyl group, an aryl group, a halogenated alkyl group, a halogenated alkenyl group, or a halogenated aryl group (see formula (4-2), [0041]),
R30 and R31 are optionally bonded to each other (see formula (4-2), [0041]),
R32 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
R33 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]),
R34 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
each of R35 and R36 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]),
R37 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
each of R38 and R39 is one of a hydrogen group, a lithium group, an alkyl group, or a halogenated alkyl group (see formula (4-2), [0041]), and
R40 is one of an alkylene group or a halogenated alkylene group (see formula (4-2), [0041]),
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149
324
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(see formula (4-2), [0041])
where each of R41 to R44 is one of a hydrogen group, an alkyl group, a halogenated alkyl group, a group represented by Formula (15), or a group represented by Formula (16) (see formula (4-2), [0041]),
at least one of R41 to R44 is one of the group represented by Formula (15) or the group represented by Formula (16) (see formula (4-2), [0041]),
each of R45 and R46 is one of an alkylene group or a halogenated alkylene group, or is omitted (see formula (4-2), [0041]),
R47 is one of an alkyl group or a halogenated alkyl group (see formula (4-2), [0041]), and
an asterisk (*) in each of Formula (15) and Formula (16) represents a bond (see formula (4-2), [0041]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725