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 Amendment
Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 and 15-19 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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-13 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2017/0084915 hereinafter Hah in view of WO 2020/241438 A1 [English equivalent US 2022/0238919] hereinafter Ishiguro, U.S. Pre-Grant Publication No. 2008/0193852 hereinafter Murai, and U.S. Pre-Grant Publication No. 2019/0140321 hereinafter Ahn.
Regarding Claims 1, 9, 13, and 16-18, Hah teaches a lithium secondary battery and a method of preparing the lithium ion secondary battery (paragraphs 29-30, 50, see Production Example), wherein the lithium secondary battery comprises: a positive electrode; a negative electrode; a separator disposed between the electrodes; and an electrolytic solution, wherein the positive electrode comprises LiMM’OA (M is Ni, Co, Al, and Mn), (M’ is Ru or Te), and (A is F or S or N) active material (paragraphs 15, 26); and wherein the electrolytic solution comprises fluoroethylene carbonate and lithium salt (paragraphs 48-49).
With regards to the percentage mass content of the compounds, Ishiguro teaches a secondary battery and a method of preparing the secondary battery (paragraphs 11, 63, see Example 1), wherein the secondary battery comprises: a positive electrode; a negative electrode; a separator disposed between the electrodes; and a liquid electrolyte solution (paragraph 11), wherein the liquid electrolyte solution comprises lithium fluorosulfonylimide [LiFSI] (paragraphs 29, 38, 41).
Murai teaches an electrolyte that comprises 1% by mass of triphenyl phosphate (see Example 136, paragraph 210) to suppress swelling of a battery when left in high temperature environments (paragraph 24). Murai further teaches the positive electrode active material comprises transition metal (paragraph 11) and such metals include palladium [Pd] (see MPEP § 2143, B).
In addition, Ahn teaches a secondary battery and a method of preparing the secondary battery (paragraphs 11-12), wherein the secondary battery comprises an electrolyte solution including fluoroethylene carbonate in an amount of 5 wt % or less based on the total weight of the electrolyte (paragraph 68). Therefore, it would have been obvious to one of ordinary skill in the art to include an additive such as fluoroethylene carbonate in an amount of 5 wt % or less in the electrolyte before the effective filing date of the claimed invention because Ahn discloses that such configuration can inhibit the swelling of the cell (paragraph 68).
The combination teaches an electrolyte solution that comprises triphenyl phosphate, lithium fluorosulfonylimide [LiFSI], and fluoroethylene carbonate in the amount as claimed (i.e., including an amount of zero as claimed).
Regarding Claims 2-5 and 10-13, the combination teaches an electrolyte solution that comprises triphenyl phosphate, lithium fluorosulfonylimide [LiFSI], and fluoroethylene carbonate in the amount as claimed (see Hah, Ishiguro, Murai and Ahn).
Regarding Claim 6-8, the combination teaches a device comprising the battery module as described above (paragraphs 3, 77 of Ishiguro).
Claim(s) 1-13 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2021/0202940 hereinafter Li in view of WO 2020/241438 A1 [English equivalent US 2022/0238919] hereinafter Ishiguro, U.S. Pre-Grant Publication No. 2008/0193852 hereinafter Murai and U.S. Pre-Grant Publication No. 2019/0140321 hereinafter Ahn.
Regarding Claims 1, 9, 13, and 16, Li teaches a lithium secondary battery and a method of preparing the lithium ion secondary battery (paragraph 3, see Production Example), wherein the lithium secondary battery comprises: a positive electrode; a negative electrode; a separator disposed between the electrodes; and an electrolytic solution, wherein the positive electrode comprises LiMDAO (M is Ni, Co, Al, and Mn), (D is Ru), and (A is F or S or P) active material (paragraph 28); and wherein the electrolytic solution comprises solvent and lithium salt (paragraphs 3-5).
With regards to the percentage mass content of the compounds, Ishiguro teaches a secondary battery and a method of preparing the secondary battery (paragraphs 11, 63, see Example 1), wherein the secondary battery comprises: a positive electrode; a negative electrode; a separator disposed between the electrodes; and a liquid electrolyte solution (paragraph 11), wherein the liquid electrolyte solution comprises lithium fluorosulfonylimide [LiFSI] (paragraphs 29, 38, 41).
Murai teaches an electrolyte that comprises 1% by mass of triphenyl phosphate (see Example 136, paragraph 210) to suppress swelling of a battery when left in high temperature environments (paragraph 24). Murai further teaches the positive electrode active material comprises transition metal (paragraph 11) and such metals include palladium [Pd] (see MPEP § 2143, B).
In addition, Ahn teaches a secondary battery and a method of preparing the secondary battery (paragraphs 11-12), wherein the secondary battery comprises an electrolyte solution including fluoroethylene carbonate in an amount of 5 wt % or less based on the total weight of the electrolyte (paragraph 68). Therefore, it would have been obvious to one of ordinary skill in the art to include an additive such as fluoroethylene carbonate in an amount of 5 wt % or less in the electrolyte before the effective filing date of the claimed invention because Ahn discloses that such configuration can inhibit the swelling of the cell (paragraph 68).
The combination teaches an electrolyte solution that comprises triphenyl phosphate, lithium fluorosulfonylimide [LiFSI], and fluoroethylene carbonate in the amount as claimed (i.e., including an amount of zero as claimed).
Regarding Claims 2-5 and 10-13, the combination teaches an electrolyte solution that comprises triphenyl phosphate, lithium fluorosulfonylimide [LiFSI], and fluoroethylene carbonate in the amount as claimed (see Li, Ishiguro, Murai and Ahn).
Regarding Claim 6-8, the combination teaches a device comprising the battery module as described above (paragraphs 3, 77 of Ishiguro).
Allowable Subject Matter
Claims 15 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The cited prior art teaches triphenyl phosphate as the phosphorous-oxygen double bond but does not specify the claimed phosphorous-oxygen double bond.
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 OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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