DETAILED OFFICIAL 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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published application US 2024/0072297 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 102/103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Response to Amendments and Arguments
Applicant’s amendments and Remarks filed on 14 May 2026 in response to the Non-Final Rejection dated 18 February 2026 (hereinafter "NFOA") have been entered and fully considered, respectively. Claims 4, 6, 15, and 17 have been canceled and claims 1, 5, 12, and 16 have been amended. As such, claims 1-3, 5, 7-14, and 16 remain pending and under consideration on the merits.
The rejections under 35 USC 112(b) previously set forth in the NFOA are withdrawn due to the present claim amendments, and the Examiner thanks Applicant for correction of the issues.
Applicant’s arguments on Pages 6-8 of the Remarks, directed to the rejection of claims 1, 5, 12, and 16 under 35 U.S.C. 102 and/or 103 as anticipated by and/or obvious over Kida, and directed to the rejection of claims 1, 5, 12, and 16 under 35 U.S.C. 103 as obvious over Park, have been fully considered.
a. Applicant's arguments are moot, as the 35 U.S.C. 102(a)(1) and/or 103 rejection over Kida, and the 35 U.S.C. 103 rejection over Park previously set forth in the NFOA are overcome and hereby withdrawn as a result of the amendments to claims 1 and 12.
b. New grounds of rejection are set forth below, necessitated by the amendments to the claims and made in view of newly cited prior art identified as a result of additional search and consideration completed by the undersigned Examiner.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5, 7-14, and 16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Atsushi et al. (JP 2008/159496 A, herein English machine translation is utilized for all citations, cited to previously, however, a new translated copy is provided herewith, “Atsushi”).
Regarding claim 1, Atsushi discloses a lithium-ion secondary battery (a lithium battery) [0001, 0007] comprising a positive electrode (a first electrode structure) and a negative electrode (a second electrode structure) positioned opposite each other [0029], with a separator and gel electrolyte (an electrolyte) [0029] disposed therebetween (a second electrode structure spaced apart from the first electrode structure; and an electrolyte between the first electrode structure and the second electrode structure) [0029].
The gel electrolyte comprises (the electrolyte includes) [0009-0012, 0014] an electrolyte salt, of which is, inter alia a lithium salt including LiPF6 (a lithium salt) [0023, 0053], at a concentration of 1.0 mol/L [0053], a solvent (an organic solvent) [0022, 0053], of which includes a mixture of, inter alia ethylene carbonate (a cyclic carbonate) [0022, 0053] and ethylmethyl carbonate [0022, 0053], a polymer compound having a structure obtained by polymerizing at least one selected from the group consisting of polyvinyl acetal and its derivatives, and one or more compounds containing Group 3 and/or Group 4 elements of the periodic table (an additive) [0009-0012, 0014, 0017], wherein the one or more compounds containing Group 3 and/or Group 4 elements of the periodic table is a crosslinking accelerator that accelerates polymerization [0011, 0017, 0047]. The electrolyte salt and the crosslinking accelerator act as catalysts [0011], therefore, the crosslinking accelerator reads on a metal salt compound catalyst as claimed. The one or more compounds containing Group 3 and/or Group 4 elements of the periodic table/crosslinking accelerator is, inter alia scandium trifluoromethanesulfonate (the metal salt compound catalyst comprises a metal cation and an anion, wherein the metal cation comprises at least one selected from the group consisting of Sc(III), Y(III), La(III), As(III), Sb(III), Bi(III), Ga(III), In(III), Ce(III), Gd(III), Eu(III), Sn(II), Cu(II), and Mg(II), and wherein the anion comprises a sulfonic acid-based anion) [0018], and the crosslinking accelerator is in an amount of 0.01-5% within the gel electrolyte [0020].
Atsushi remains silent regarding the crosslinking accelerator catalytically activating a polymerization reaction of a cyclic carbonate in the solvent at a first temperature, wherein the first temperature ranges between 100 °C and 200 °C.
However, the crosslinking accelerator of Atsushi is substantially identical or identical to the claimed and disclosed metal salt compound catalyst in Applicant’s specification in terms of:
being scandium trifluoromethanesulfonate, of which corresponds with the claimed and disclosed metal cation/anion combination and metal salt compound catalyst, and is the same metal salt compound catalyst used in Applicant’s Examples 1-3 [claim 1, Applicant’s specification ¶0029, 0042-0044],
in an amount of 0.01-5% within a gel electrolyte mixture, of which corresponds, and overlaps with the claimed and disclosed weight ratio, 0.1 wt% to 20 wt% with respect to the electrolyte [claim 3, Applicant’s specification ¶0035], wherein
the gel electrolyte mixture further comprises a solvent, e.g. ethylene carbonate, of which corresponds with the claimed and disclosed cyclic carbonate [claims 1 and 7, Applicant’s specification ¶0027], and
the scandium trifluoromethanesulfonate is a crosslinking accelerator that accelerates polymerization and acts as a catalyst, of which corresponds to the claimed and disclosed purpose of the metal salt compound catalyst [claim 1, Applicant’s specification ¶0031].
Given that the crosslinking accelerator of Atsushi is substantially identical or identical to the claimed and disclosed metal salt compound catalyst in terms of the foregoing elements (a)-(d), it stands to reason, and there is a strong expectation, that the crosslinking accelerator of Atsushi would have necessarily catalytically activated a polymerization reaction of a cyclic carbonate in the organic solvent at a first temperature, wherein the first temperature ranges between 100 °C and 200 °C, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding claim 2, Atsushi discloses the lithium battery set forth above in the rejection of claim 1.
Atsushi remains silent regarding the gel electrolyte is a solid at the first temperature.
However, the gel electrolyte of Atsushi would have been substantially identical or identical to the claimed and disclosed electrolyte in Applicant’s specification in terms of comprising:
an electrolyte salt, e.g. a lithium salt including LiPF6, of which corresponds with the claimed and disclosed lithium salt [claim 1, Applicant’s specification ¶0028, 0040],
at a concentration of 1.0 mol/L, of which corresponds to the disclosed LiPF6 lithium salt concentration [Applicant’s specification ¶0040], and further comprising
a solvent, including a mixture of, inter alia ethylene carbonate, of which corresponds to the claimed and disclosed cyclic carbonate [claims 1 and 2, Applicant’s specification ¶0027],
and ethylmethyl carbonate, of which corresponds to the claimed and disclosed linear carbonate [claim 8, Applicant’s specification ¶0027], wherein the gel electrolyte additionally includes
scandium trifluoromethanesulfonate, of which corresponds with the claimed and disclosed metal cation/anion combination and metal salt compound catalyst, and is the same metal salt compound catalyst used in Applicant’s Examples 1-3 [claim 1, Applicant’s specification ¶0029, 0042-0044],
in an amount of 0.01-5% within the gel electrolyte, of which corresponds, and overlaps with the claimed and disclosed weight ratio, 0.1 wt% to 20 wt% with respect to the electrolyte [claim 3, Applicant’s specification ¶0035], and
the scandium trifluoromethanesulfonate is a crosslinking accelerator that accelerates polymerization and acts as a catalyst, of which corresponds to the claimed and disclosed purpose of the metal salt compound catalyst [claim 1, Applicant’s specification ¶0031].
The claim limitation “solid” under broadest reasonable interpretation (BRI) is examined on the merits to include any degree of solidity, including a solid-state and a semi-solid state, see Applicant’s Specification ¶0032-0034 (also see MPEP 2111, MPEP 2111.01, and MPEP 2173.01(I)).
In view thereof, and given that the gel electrolyte of Atsushi is substantially identical or identical to the claimed and disclosed electrolyte in terms of the foregoing elements (a)-(g), it stands to reason, and there is a strong expectation, that gel electrolyte of Atsushi would have necessarily solidified, to at least some degree, at the temperature of between 100-200° C, as claimed, as a result of at least some degree of polymerization of the cyclic carbonate in the organic solvent initiated/catalyzed by the presence of the metal salt compound catalyst in the solution, absent a showing of factually supported objective evidence to the contrary. See ¶8-12 above. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Regarding claim 3, the rejection of claim 1 above reads on the additive defined by claim 3. The crosslinking accelerator is, inter alia scandium trifluoromethanesulfonate [0018] and the crosslinking accelerator is in an amount of 0.01-5% within the gel electrolyte [0020], of which overlaps with the claimed and disclosed weight ratio, 0.1 wt% to 20 wt% with respect to the electrolyte, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 5, the rejection of claim 1 above reads on the metal cation defined by claim 5. Scandium trifluoromethanesulfonate contains the metal cation of Sc(III) (the metal cation comprises… Sc(III)) [0018].
Regarding claim 7, the rejection of claim 1 above reads on the cyclic carbonate defined by claim 7. The solvent includes a mixture of, inter alia ethylene carbonate (the cyclic carbonate comprises… ethylene carbonate) [0022, 0053].
Regarding claim 8, the rejection of claim 1 above reads on the organic solvent defined by claim 8. The solvent includes a mixture of, inter alia ethylene carbonate and ethylmethyl carbonate (a linear carbonate, the linear carbonate including… ethylmethyl carbonate) [0022, 0053].
Regarding claim 9, in view of the rejection of claim 1 above, Atsushi further discloses that the positive electrode comprises a positive electrode current collector (a first current collector) [0030] and a positive electrode active material layer (a first electrode layer) [0030] on both sides of the positive electrode current collector (on the first current collector) [0030], therefore, the positive electrode active material layer is between the positive electrode current collector and the gel electrolyte (the first electrode layer is provided between the first current collector and the electrolyte) [0029-0030].
Regarding claim 10, in view of the rejection of claim 1 above, Atsushi further discloses that the negative electrode comprises a negative electrode current collector (a second current collector) [0034] and a negative electrode active material layer (a second electrode layer) [0034] on both sides of the negative electrode current collector (on the second current collector) [0034], therefore, the negative electrode active material layer is between the negative electrode current collector and the gel electrolyte (the second electrode layer is provided between the second current collector and the electrolyte) [0029, 0034].
Regarding claim 11, in view of the rejection of claim 1 above, Atsushi discloses that the separator and gel electrolyte are disposed between the positive electrode and the negative electrode (a separator between the first electrode structure and the second electrode structure) [0029]. Atsushi further discloses that the gel electrolyte is applied to both the positive electrode and negative electrode, or is injected into the would electrode body [0044-0045], therefore the gel electrolyte is provided between the positive electrode and the separator, as well as, between the negative electrode and the separator (the electrolyte is provided between the first electrode structure and the separator and between the second electrode structure and the separator) [0029, 0044-0045].
Regarding claim 12, Atsushi discloses a gel electrolyte composition (an electrolyte composition) [0009-0012, 0014, 0044-0045, 0053] comprising an electrolyte salt, of which is, inter alia a lithium salt including LiPF6 (a lithium salt) [0023, 0053], at a concentration of 1.0 mol/L [0053], a solvent (an organic solvent) [0022, 0053], of which includes a mixture of, inter alia ethylene carbonate (the organic solvent includes a cyclic carbonate) [0022, 0053] and ethylmethyl carbonate [0022, 0053], a polymer compound having a structure obtained by polymerizing at least one selected from the group consisting of polyvinyl acetal and its derivatives, and one or more compounds containing Group 3 and/or Group 4 elements of the periodic table (an additive) [0009-0012, 0014, 0017], wherein the one or more compounds containing Group 3 and/or Group 4 elements of the periodic table is a crosslinking accelerator that accelerates polymerization [0011, 0017]. The electrolyte salt and the crosslinking accelerator act as catalysts [0011], therefore, the crosslinking accelerator reads on a metal salt compound catalyst as claimed. The one or more compounds containing Group 3 and/or Group 4 elements of the periodic table/crosslinking accelerator is, inter alia scandium trifluoromethanesulfonate (the metal salt compound catalyst comprises a metal cation and an anion, wherein the metal cation comprises at least one selected from the group consisting of Sc(III), Y(III), La(III), As(III), Sb(III), Bi(III), Ga(III), In(III), Ce(III), Gd(III), Eu(III), Sn(II), Cu(II), and Mg(II), and wherein the anion comprises a sulfonic acid-based anion) [0018], and the crosslinking accelerator is in an amount of 0.01-5% within the gel electrolyte [0020].
Atsushi remains silent regarding the crosslinking accelerator catalytically activates a polymerization reaction of a cyclic carbonate in the solvent at a first temperature, wherein the first temperature ranges between 100 °C and 200 °C.
However, the crosslinking accelerator of Atsushi would have been substantially identical or identical to the claimed and disclosed metal salt compound catalyst in Applicant’s specification in terms of:
being scandium trifluoromethanesulfonate, of which corresponds with the claimed and disclosed metal cation/anion combination and metal salt compound catalyst, and is the same metal salt compound catalyst used in Applicant’s Examples 1-3 [claim 1, Applicant’s specification ¶0029, 0042-0044],
in an amount of 0.01-5% within a gel electrolyte mixture, of which corresponds, and overlaps with the claimed and disclosed weight ratio, 0.1 wt% to 20 wt% with respect to the electrolyte [claim 3, Applicant’s specification ¶0035], wherein
the gel electrolyte mixture further comprises a solvent, e.g. ethylene carbonate, of which corresponds with the claimed and disclosed cyclic carbonate [claims 1 and 7, Applicant’s specification ¶0027], and
the scandium trifluoromethanesulfonate is a crosslinking accelerator that accelerates polymerization and acts as a catalyst, of which corresponds to the claimed and disclosed purpose of the metal salt compound catalyst [claim 1, Applicant’s specification ¶0031].
Given that the crosslinking accelerator of Atsushi is substantially identical or identical to the claimed and disclosed metal salt compound catalyst in terms of the foregoing elements (a)-(d), it stands to reason, and there is a strong expectation, that the crosslinking accelerator of Atsushi would have necessarily catalytically activated a polymerization reaction of a cyclic carbonate in the organic solvent at a first temperature, wherein the first temperature ranges between 100 °C and 200 °C, as claimed, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding claim 13, the rejection of claim 12 above reads on the additive defined by claim 13. The crosslinking accelerator is, inter alia scandium trifluoromethanesulfonate [0018], and the crosslinking accelerator is in an amount of 0.01-5% within the gel electrolyte [0020], of which overlaps with the claimed and disclosed weight ratio, 0.1 wt% to 20 wt% with respect to the electrolyte, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 14, the rejection of claim 12 above reads on the cyclic carbonate defined by claim 14. The solvent includes a mixture of, inter alia ethylene carbonate (the cyclic carbonate comprises… ethylene carbonate) [0022, 0053].
Regarding claim 16, the rejection of claim 12 above reads on the metal cation defined by claim 16. Scandium trifluoromethanesulfonate contains the metal cation of Sc(III) (the metal cation comprises… Sc(III)) [0018].
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 l.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 l.17(a)) pursuant to 37 CFR l.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 JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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