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
Applicant's election with traverse of Species A (Claims 1-18) in the reply filed on 5/5/2026 is acknowledged. Applicant states the restriction was made because “these formulas do not share a common structure.” Applicant’s traversal is on the grounds that all formulas of Species A-I do share a common core structure, and Applicant states the various R substitutions of Species A-I do not contribute to or affect the function(s) of the compound.
The restriction was not made on the basis of the formulas lacking a common core structure. Examiner agrees Formulas 4-12 share a common core structure, which is why Formulas 4-12 were identified as Species A-I in the restriction. Species A-I each possesses distinct characteristics not shared by all species (see example in restriction), and the species are not obvious variants of each other, thus presenting a search and examination burden for these patentably distinct species. Regarding Applicant’s argument that the characteristics of Species A-I do not contribute to or affect the function(s) of the compound, Examiner disagrees. The instant specification discloses out of Formulas 4-12 (Species A-I), Formulas 4, 5, and 7, and especially Formula 4, is “highly reducible, and having an excellent effect of inhibiting transition metal elution along with the above-described effects.” The requirement is still deemed proper and is therefore made FINAL.
Applicant has identified Claims 1-18 as being drawn to Species A. Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Examiner has also withdrawn Claim 15 from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. The elected species comprises a nitrile group as the “R” constituent in Formula 1. Claim 15 does not recite any possible selection(s) for “R” in Formula 1 that pertains to the elected species.
Claims 1-14 and 16-18 are under examination.
Claim Interpretation
Claim 18 recites the limitation “the negative electrode active material does not comprise a carbon-based active material.” Examiner notes the instant specification discloses a preference for using 1 wt % to 25 wt % of carbon-based materials in the negative electrode. See [0045-0046] and [0122] of the instant specification.
In light of the instant specification, Examiner interprets Claim 18 to exclude carbon-based active materials from being the negative electrode active material recited in Claim 1. Claim 18 does not exclude the presence of any carbon-based material in the negative electrode. In other words, the negative electrode of the claimed invention comprises the negative electrode active material recited in Claim 1, and may further comprise a carbon-based material as a second negative electrode active material and/or as a conductive material.
Claim Rejections - 35 USC § 103
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.
Claims 1-11, 14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., KR 20210060330 A (pub. 5/26/2021; English-language equivalent US 20220209299 A1 cited in this action), and further in view of Ahn et al., US 20200194838 A1.
Regarding Claim 1, Lee discloses a lithium secondary battery ([0015]) comprising:
a negative electrode ([0073-0085]);
a positive electrode positioned opposite to the negative electrode ([0061-0072], Li(Ni0.8Co0.1Mn0.1)O2 [0098]);
a separator disposed between the negative electrode and the positive electrode ([0061]); and
a non-aqueous electrolyte ([0027-0058]),
wherein the negative electrode comprises a negative electrode active material ([0074]), the
negative electrode active material comprises a silicon-based active material (Si, SiOx, Si alloy [0076-0080]),
the non-aqueous electrolyte comprises a lithium salt ([0033-0036]), an organic solvent ([0037-0045]), and a first additive comprising a compound represented by Formula 1 (Formula 1 [0046-0058]):
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Lee – Formula 1
Lee discloses R comprises a nitrile group and n is an integer selected from 0 to 6 (preferred embodiment of Formula 1 is Formula 1a: coumarin-3-carbonitrile [0055], Examples 1-4 [0093-0096]):
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Lee – Formula 1a: coumarin-3-carbonitrile
Lee does not disclose a second additive comprising “at least one of lithium fluoromalonato(difluoro)borate (LiFMDFB), lithium difluoro(oxalato)borate (LiDFOB), lithium difluorophosphate (LiDFP), or lithium difluorobis-(oxalate)phosphate (LiDFOP).” However, this limitation is taught by Ahn et al.
Ahn teaches adding LiDFOB to a secondary battery electrolyte will create a SEI layer and improve durability characteristics of a battery ([0006-0009, 0039-0050]). Ahn teaches in order to form the SEI layer, LiDFOB should be dissolved in electrolyte solvents (EC, EMC, and DEC mixed in a volume ratio of 20:50:30 [0045]) and used in combination with a silicon-based anode active material (SEI layer is formed on the silicon material [0026-0028, 0050]). Ahn teaches using Si particles as the silicon-based anode active material ([0039-0050], Table 1).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add LiDFOB to the electrolyte of Lee, and have the silicon-based active material of Lee be Si particles, as Ahn teaches a combination of LiDFOB and Si particles will increase battery durability by forming a SEI layer on the anode.
Regarding Claim 2, modified Lee discloses all limitations as set forth above. Modified Lee discloses the compound represented by Formula 1 comprises a compound represented by Formula 2, wherein R is the same as defined in Formula 1 (see claimed Formula 2 and Lee Formula 1a [0055]):
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Claimed Formula 2 (left) and Lee Formula 1a (right)
Regarding Claim 3, modified Lee discloses all limitations as set forth above. Modified Lee discloses the compound represented by Formula 1 comprises a compound represented by Formula 4 (see claimed Formula 4 and Lee Formula 1a [0055]):
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Claimed Formula 4 (left) and Lee Formula 1a (right)
Regarding Claim 4, modified Lee discloses all limitations as set forth above. Modified Lee
discloses the non-aqueous electrolyte comprises the first additive in an amount of 0.01 wt% to 10 wt% (Lee, the compound of Formula 1 may be included in an amount of 0.05 wt % to 1.2 wt %, based on a total weight of the non-aqueous electrolyte solution [0057-0058]).
Regarding Claims 5-7, modified Lee discloses all limitations as set forth above. Modified Lee discloses the second additive comprises LiDFOB in an amount of 0.01 wt% to 10 wt% (Ahn, 1 wt % to 10 wt % LiDFOB [0008, 0037]).
Regarding Claim 8, modified Lee discloses all limitations as set forth above. Modified Lee discloses the non-aqueous electrolyte comprises the first additive (compound of Formula 1a) in an amount of 0.05 wt % to 1.2 wt % (Lee, [0057-0058]). Modified Lee also discloses the electrolyte comprises the second additive (LiDFOB) in an amount of 1 wt % to 10 wt % (Ahn, [0008, 0037]), thus overlapping with the claimed weight ratio range.
Regarding Claim 9, modified Lee discloses all limitations as set forth above. Modified Lee discloses the lithium salt comprises at least one of LiCl, LiBr, LiI, LiBF4, LiClO4, LiAlO4, LiAlCl4, LiPF6, LiSbF6, LiASF6, LiB10Cl10, LiCF3SO3, LiFSI (LiN(SO2F)2), LiCH3SO3, LiCF3CO2, LiCH3CO2, or LiBETI (LiN(SO2CF2CF3)2) (Lee, [0033-0036]).
Regarding Claim 10, modified Lee discloses all limitations as set forth above. Modified Lee discloses the non-aqueous electrolyte comprises the lithium salt at a molar concentration of 0.5 M to 5.0 M (Lee, 0.8 M to 4.0 M [0036], Examples: LiPF6 concentration of 1.0 M [0091]).
Regarding Claim 11, modified Lee discloses all limitations as set forth above. Modified Lee
discloses the organic solvent comprises at least one of a cyclic carbonate-based organic solvent, a linear carbonate-based organic solvent, a linear ester-based organic solvent, or a cyclic ester-based organic solvent (Lee, [0037-0045]).
Regarding Claim 14, modified Lee discloses all limitations as set forth above. Modified Lee discloses the silicon-based active material comprises a compound represented by SiOx, wherein x=0 (see Lee modified by Ahn in Claim 1: Ahn, silicon particles [0027, 0040-0049]).
Regarding Claims 16 and 17, modified Lee discloses all limitations as set forth above. Modified Lee discloses the positive electrode active material comprises a lithium transition metal composite oxide containing nickel in an amount of 60 mol% or greater, with respect to a total number of moles of transition metals included in the lithium transition metal composite oxide (Lee, [0064-0068, 0098]), and
the positive electrode active material comprises a lithium composite transition metal oxide represented by Formula A (Lee, [0067]; Lee Examples: Li(Ni0.8Co0.1Mn0.1)O2 [0098]).
Regarding Claim 18, modified Lee discloses all limitations as set forth above. Modified Lee discloses the compound represented by Formula 1 comprises a compound represented by Formula 4 (see Claim 3 and Lee Formula 1a [0055]), and
the negative electrode active material does not comprise a carbon-based active material (see Lee modified by Ahn in Claim 1: the silicon-based active material is a Si particle).
Examiner notes Claim 18 does not exclude the use of a carbon-based material as an additional anode active material (Ahn, “a graphite-based anode active material and a silicon (Si)-based anode active material” [0022-0028]) and/or as a conductive agent in the negative electrode (Lee, carbon black as a conductive agent [0099]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over modified Lee as applied to Claim 1 above, and further in view of Kang et al., “Multifunctional Fluoroethylene Carbonate for Improving High-Temperature Performance of LiNi0.8Mn0.1Co0.1O2||SiOx@Graphite Lithium-Ion Batteries,” ACS Appl. Energy Mater., 2020, 3, pg. 9989−10000.
Regarding Claim 12, modified Lee discloses all limitations as set forth above. Modified Lee discloses the organic solvent comprises a cyclic carbonate-based organic solvent (Lee, cyclic carbonate-based organic solvents [0039]), and a linear carbonate-based organic solvent comprising diethyl carbonate (Lee, linear carbonate-based organic solvents, includes diethyl carbonate, DEC [0040]).
Modified Lee does not disclose a specific combination of DEC with fluoroethylene carbonate (FEC) as the cyclic carbonate-based organic solvent. However, the combination of DEC and FEC is taught by Kang et al.
Kang teaches a lithium ion battery comprising a silicon-based negative electrode active material and a positive electrode active material (LiNi0.8Mn0.1Co0.1O2 (NMC811), pg. 9989-9990; NCM811 also used by Lee). Kang teaches an electrolyte solvent comprising FEC will construct a SEI having higher stability and ionic conductivity, higher capacity retention, suppressed electrolyte decomposition, and increased specific capacities for the cathode and anode (pg. 9991-9992, 9997). Kang teaches an electrolyte solvent composition of 30 wt % FEC and 70 wt% DEC produces the highest capacity retention and best protection for the NCM811 cathode (pg. 9991-9994).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to use 30 wt % FEC and 70 wt% DEC as the solvents in the electrolyte of modified Lee, as Kang teaches this solvent composition produces the highest capacity retention and best protection for a NCM811 cathode.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over modified Lee as applied to Claim 1 above, and further in view of Oh et al., “Effects of vinylene carbonate and 1,3-propane sultone on high-rate cycle performance and surface properties of high-nickel layered oxide cathodes,” Materials Research Bulletin 132, 2020, 111008, pg. 1-10.
Regarding Claim 13, modified Lee discloses all limitations as set forth above. Modified Lee does not disclose “the additive further comprises at least one third additive selected from vinylene carbonate, vinylethylene carbonate, propane sultone, propene sultone, succinonitrile, adiponitrile, ethylene sulfate, lithium bis-(oxalato)borate (LiBOB), tris(trimethylsilyl)phosphate (TMSPa), or tris(trimethylsilyl)phosphite (TMSPi).” However, addition of vinylene carbonate (VC) and/or 1,3-propane sultone (PS) to an electrolyte composition is taught by Oh et al.
Oh teaches a lithium ion battery comprising a positive electrode active material (LiNi0.8Co0.1Mn0.1O2 (NCM811), pg. 9989-9990; NCM811 also used by Lee), as well as electrolyte solvents ethylene carbonate (EC) and ethylmethyl carbonate (EMC) (Abstract, pg. 1; consistent with Lee using EC/EMC at [0091]). Oh teaches addition of 2 wt % vinylene carbonate (VC) and 1 wt% 1,3-propane sultone (PS) provides a stable cathode SEI with suppressed thickness, inhibits decomposition of reduction products, and achieves superior cycle performance (Abstract, pg. 2-4). Oh teaches the 2 wt% VC and 1 wt% PS addition “alleviates particle aggregation, and, in particular, NCM811 no longer shows the microcracks in the primary particles with repeated charge-discharge at a high-rate. This means that the addition of VC+PS, rather than individual additions of VC and PS, helps sustain the superior electrochemical cycle performance of NCM materials for high-rate cycling” (pg. 6).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add 2 wt% VC and 1 wt% PS to the electrolyte of modified Lee, as Oh teaches addition of VC and PS provides a stable cathode SEI, achieves superior cycle performance, alleviates particle aggregation, and reduces microcracks in the positive electrode active material (NCM811).
Pertinent Prior Art
The prior art made of record and not relied upon in this action is considered pertinent to applicant's disclosure: Lee et al., KR 20200114403 A (pub. 10/7/2020, English language equivalent US 20220123297 A1 cited herein).
Lee discloses a lithium secondary battery comprising:
a positive electrode including a lithium-nickel-cobalt-manganese-based oxide as a positive electrode active material;
a negative electrode;
a separator disposed between the negative electrode and the positive electrode;
a non-aqueous electrolyte solution comprising a lithium salt, an organic solvent, and an additive;
wherein the organic solvent includes fluoroethylene carbonate;
wherein the additive includes propene sultone and lithium fluoromalonato (difluoro) borate ([0058-0082]; see Claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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