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
Claims 5-8 and 10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B drawn to a nonaqueous electrolytic solution, comprising an alkali metal salt, a nonaqueous solvent, a compound represented by General Formula (AA) and a compound represented by General Formula (aa), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/20/2026.
Applicant’s election without traverse of Species A drawn to a nonaqueous electrolytic solution, comprising an alkali metal salt, a nonaqueous solvent, a compound represented by General Formula (A), and at least one selected from the group consisting of a compound represented by General Formula (α) and a compound represented by General Formula (B), claims 1-4 and 9 in the reply filed on 5/20/2026 is acknowledged.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR 2015024478 A. Machine Translation) in view of Jeon (KR 20080110404 A, Machine Translation).
Regarding claims 1 and 9, Yoon discloses a nonaqueous electrolytic solution, comprising an alkali metal salt (lithium salt, see page 4, para. 5), a nonaqueous solvent (see pg. 4, para. 1-4), a compound represented by General Formula (A) (see depiction below wherein L=C1 group),
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182
252
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and at least one selected from the group consisting of a compound represented by a nitrogen containing group with a General Formula (α) wherein α is a dimethylacetamide or the ethylen acetamide (ethyl methyl acetamide).
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126
200
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However, Yoon does not disclose wherein the compound represented by General Formula (α) is at least one compound selected from the group consisting of compounds represented by formulas (α1) to (α15).
Yoon discloses that the nitrogen containing compound is used to improve stability at higher temperatures which improves battery life span (see pg. 4, Advantageous Effects section) and serves to suppress the hydrofluoric acid production (See pg. 6, second para.).
Jeon discloses that at high battery temperatures more HX (wherein X is halogen including fluorine) gases are generated and this results in deterioration of the battery (See pg. 1).
Jeon discloses a nitrogen containing urea compound can also suppress HX gases from being generated which improves stability at higher temperatures (see pg. 1) and it can be N,N'-Bis(trimethylsilyl)urea as shown below (α13).
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204
478
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It would have been obvious to one of ordinary skill in the art at the time of the invention to replace the nitrogen additive of Yoon with the above compound of Jeon because Jeon discloses this additive serves to prevent the degradation of both electrodes by suppressing HF acid generation which results in shortening of the battery's lifespan, thereby improving the battery's lifespan performance and high-temperature performance.
In addition, Yoon discloses a positive electrode and a negative electrode which are capable of absorbing and releasing metal ions (See pg. 7 para. 5-10).
Regarding claims 2-4, modified Yoon discloses all of the claim limitations as set forth above.
wherein a content of the compound represented by General Formula (A) is 1.0 x 10⁻³ % by mass or more and 10% by mass or less relative to a total amount of the nonaqueous electrolytic solution (claim 2)
wherein a content of the compound represented by General Formula (a) is 0.01 mass ppm or more and 0.5% by mass or less relative to a total amount of the nonaqueous electrolytic solution (claim 3)
wherein a mass ratio of a content of the compound represented by General Formula (A) to a content of the compound represented by General Formula (a) in the
nonaqueous electrolytic solution is 1.0 or more and 1.0 x 10⁴ or less (claim 4)
Yoon discloses the sulfonate compound additive is included to about the electrolyte total weight to 0.1 through 10 weight% and the nitrogen additive is included to about the electrolyte total weight to 0.1 through 10 weight% and that the amount of both additives should be added should be optimize battery performance (see pg. 6 para. 2).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the amounts of both additives in the electrolyte of Yoon to achieve the claimed amounts because Yoon discloses doings so will result in optimization of battery performance.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/Primary Examiner, Art Unit 1726
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