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 .
Claim Interpretation
Claim 1 includes a limitation wherein the non-aqueous electrolyte contains at least one of a cyclic imide component and a pyrrole component. Claim 7 defines the pyrrole as “wherein the pyrrole component contains indole”, without requiring the presence of the pyrrole. Thus, Claim 7 is interpreted as defining “the pyrrole” without requiring the presence thereof.
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.
Claims 1-7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shikita (US 2015/0372349) in view of Nunome et al. (US 2012/0308901) .
Regarding Claim 1, Shikita teaches a lithium primary battery having a positive electrode, a negative electrode and non-aqueous electrolytic solution (Para. [0109]) (i.e. a lithium primary battery comprising a positive electrode, a negative electrode, and a non-aqueous electrolyte) wherein the positive electrode for lithium primary battery includes MnO2 (Para. [0117]) (i.e. the positive electrode contains a positive electrode material mixture that contains LixMnO2- wherein x = 0), and a negative electrode active material includes a lithium metal and a lithium alloy (Para. [0131]) (i.e. the negative electrode contains at least one of metal lithium and a lithium alloy), wherein the nonaqueous electrolyte solution contains 0.3% by mass or more to 2% by mass or less of lithium salt wherein the lithium salt may be selected from lithium tetrafluoro(oxalate)phosphate and lithium difluorobis(oxalate) phosphate (Para. [0099], [0100]) (i.e. the non-aqueous electrolyte contains at least an oxalate phosphate complex component as a second component, the concentration of the second component in the non-aqueous electrolyte is 6 mass% or less).
Shikita does not teach the non-aqueous electrolyte solution contains at least one of a cyclic imide and a pyrrole component as a first component, the concentration of the first component in the non-aqueous electrolyte is 1 mass% or less or a mass ratio of the first component relative to the second component in the non-aqueous electrolyte is 0.02 or more and 10 or less.
However, Nunome et al. teaches a lithium primary battery comprising a nonaqueous electrolyte (Para. [0014]) wherein the nonaqueous electrolyte comprises phthalimide added in a ratio of 0.05 mass% to 0.5 mass% (Para. [0052]) (i.e. the non-aqueous electrolyte contains at least a cyclic imide as a first component, the concentration of the first component in the non-aqueous electrolyte is 1 mass% or less).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Shikita to incorporate the teaching of phthalimide added in a ratio of 0.05 mass% to 0.5 mass% as taught by Nunome et al., as such an additive allows for reduced degradation of discharge performance (Para. [0051], [0052], [0102]). Thus, the natural result of the combination would result in a mass ratio of the first component relative to the second component in the non-aqueous electrolyte of 0.05/2 to 0.5/0.3 or 0.025 or more and 1.67 or less, within the claimed range of the mass ratio of the first component relative to the second component in the non-aqueous electrolyte is 0.02 or more and 10 or less.
Regarding Claim 2, Shikita teaches a lithium primary battery having a positive electrode, a negative electrode and non-aqueous electrolytic solution (Para. [0109]) (i.e. a lithium primary battery comprising a positive electrode, a negative electrode, and a non-aqueous electrolyte) wherein the positive electrode for lithium primary battery includes MnO2 (Para. [0117]) (i.e. the positive electrode contains a positive electrode material mixture that contains LixMnO2- wherein x = 0), and a negative electrode active material includes a lithium metal and a lithium alloy (Para. [0131]) (i.e. the negative electrode contains at least one of metal lithium and a lithium alloy), wherein the nonaqueous electrolyte solution contains 0.3% by mass or more to 2% by mass or less of lithium salt wherein the lithium salt may be selected from lithium tetrafluoro(oxalate)phosphate and lithium difluorobis(oxalate) phosphate (Para. [0099], [0100]) (i.e. the non-aqueous electrolyte contains at least an oxalate phosphate complex component as a second component, the concentration of the second component in the non-aqueous electrolyte is 0.1 mass% or more and 6 mass% or less).
Shikita does not teach the non-aqueous electrolyte solution contains at least one of a cyclic imide and a pyrrole component as a first component, the concentration of the first component in the non-aqueous electrolyte is 0.1 mass% or more and 1 mass% or less.
However, Nunome et al. teaches a lithium primary battery comprising a nonaqueous electrolyte (Para. [0014]) wherein the nonaqueous electrolyte comprises phthalimide added in a ratio of 0.05 mass% to 0.5 mass% (Para. [0052]) (i.e. the non-aqueous electrolyte contains at least a cyclic imide as a first component, the concentration of the first component in the non-aqueous electrolyte is overlapping with 0.1 mass% or more and 1 mass% or less).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Shikita to incorporate the teaching of phthalimide added in a ratio of 0.05 mass% to 0.5 mass% as taught by Nunome et al., as such an additive allows for reduced degradation of discharge performance (Para. [0051], [0052], [0102]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 3, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 2 as explained above.
Shikita teaches the nonaqueous electrolyte solution contains 0.3% by mass or more to 2% by mass or less of lithium salt wherein the lithium salt may be selected from lithium tetrafluoro(oxalate)phosphate and lithium difluorobis(oxalate) phosphate (Para. [0099], [0100]).
Shikita does not teach the non-aqueous electrolyte solution contains at least one of a cyclic imide and a pyrrole component as a first component, or a mass ratio of the first component relative to the second component in the non-aqueous electrolyte is 0.02 or more and 10 or less.
However, Nunome et al. teaches a lithium primary battery comprising a nonaqueous electrolyte (Para. [0014]) wherein the nonaqueous electrolyte comprises phthalimide added in a ratio of 0.05 mass% to 0.5 mass% (Para. [0052])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Shikita to incorporate the teaching of phthalimide added in a ratio of 0.05 mass% to 0.5 mass% as taught by Nunome et al., as such an additive allows for reduced degradation of discharge performance (Para. [0051], [0052], [0102]). Thus, the natural result of the combination would result in a mass ratio of the first component relative to the second component in the non-aqueous electrolyte of 0.05/2 to 0.5/0.3 or 0.025 or more and 1.67 or less, within the claimed range of the mass ratio of the first component relative to the second component in the non-aqueous electrolyte is 0.02 or more and 10 or less.
Regarding Claim 4, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita further teaches the lithium salt may be selected from lithium tetrafluoro(oxalate)phosphate and lithium difluorobis(oxalate) phosphate (Para. [0099], [0100]) (i.e. the oxalate phosphate complex component contains at least one selected from tetrafluoro(oxalate)phosphate complex component and a difluorobis(oxalate) phosphate complex component).
Regarding Claim 5, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita does not teach the cyclic imide component contains at least one selected form the group consisting of phthalimide and N-substituted phthalimide.
However, Nunome et al. teaches a lithium primary battery comprising a nonaqueous electrolyte (Para. [0014]) wherein the nonaqueous electrolyte comprises phthalimide (Para. [0052])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Shikita to incorporate the teaching of phthalimide as taught by Nunome et al., as such an additive allows for reduced degradation of discharge performance (Para. [0051], [0052], [0102]).
Regarding Claim 6, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita does not teach the cyclic imide component contains phthalimide.
However, Nunome et al. teaches a lithium primary battery comprising a nonaqueous electrolyte (Para. [0014]) wherein the nonaqueous electrolyte comprises phthalimide (Para. [0052])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Shikita to incorporate the teaching of phthalimide as taught by Nunome et al., as such an additive allows for reduced degradation of discharge performance (Para. [0051], [0052], [0102]).
Regarding Claim 7, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Since the instant claim is being interpreted as defining the pyrrole without requiring the presence thereof, the presence of the cyclic imide as taught by Nunome et al. (explained in the rejection to claim 1 above not reiterated herein for brevity’s sake) meets the limitations of claim 7.
Regarding Claim 13, Shikita teaches a lithium primary battery having a positive electrode, a negative electrode and non-aqueous electrolytic solution (Para. [0109]) (i.e. a non-aqueous electrolyte of a lithium primary battery that is used in a lithium primary battery that includes a positive electrode, negative electrode and non-aqueous electrolyte) wherein the positive electrode for lithium primary battery includes MnO2 (Para. [0117]) (i.e. the positive electrode contains a positive electrode material mixture that contains LixMnO2- wherein x = 0), and a negative electrode active material includes a lithium metal and a lithium alloy (Para. [0131]) (i.e. the negative electrode contains at least one of metal lithium and a lithium alloy), wherein the nonaqueous electrolyte solution contains 0.3% by mass or more to 2% by mass or less of lithium salt wherein the lithium salt may be selected from lithium tetrafluoro(oxalate)phosphate and lithium difluorobis(oxalate) phosphate (Para. [0099], [0100]) (i.e. the non-aqueous electrolyte contains at least an oxalate phosphate complex component as a second component, the concentration of the second component in the non-aqueous electrolyte is 0.1 mass% or more and 6 mass% or less).
Shikita does not teach the non-aqueous electrolyte solution contains at least one of a cyclic imide and a pyrrole component as a first component, the concentration of the first component in the non-aqueous electrolyte is 0.1 mass% or more and 1 mass% or less.
However, Nunome et al. teaches a lithium primary battery comprising a nonaqueous electrolyte (Para. [0014]) wherein the nonaqueous electrolyte comprises phthalimide added in a ratio of 0.05 mass% to 0.5 mass% (Para. [0052]) (i.e. the non-aqueous electrolyte contains at least a cyclic imide as a first component, the concentration of the first component in the non-aqueous electrolyte is overlapping with the claimed range of 0.1 mass% or more and 1 mass% or less).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Shikita to incorporate the teaching of phthalimide added in a ratio of 0.05 mass% to 0.5 mass% as taught by Nunome et al., as such an additive allows for reduced degradation of discharge performance (Para. [0051], [0052], [0102]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shikita (US 2015/0372349) in view of Nunome et al. (US 2012/0308901) as applied to claim 1 above, and further in view of Nakai et al. (WO2018/179935A), cited in the Information Disclosure Statement received March 27, 2023. The U.S. version of Nakai et al. (US 2021/0104725), cited by Applicant, is used as the English translation and is referred to hereinafter as Nakai ‘725.
Regarding Claim 8, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita further teaches the positive electrode collector may be stainless steel (Para. [0119]).
Shikita does not teach the positive electrode material mixture further contains a sulfate and the amount of sulfur atoms contained in the positive electrode material mixture is 0.05 parts by mass or more and 3 parts by mass or less relative to 100 parts by mass of manganese atoms contained in the positive electrode material mixture.
However, Nakai ‘725 teaches a lithium primary battery containing a nonaqueous electrolyte and a positive electrode containing a positive electrode active material containing manganese dioxide and a sulfate (Para. [0018]) (i.e. wherein the positive electrode material mixture further contains a sulfate) and the amount of sulfur element is 0.05 parts by mass to 2 parts by mass per 100 parts by mass of manganese dioxide (Para. [0038]) (i.e. the amount of sulfur atoms contained in the positive electrode mixture is 0.05 parts by mass or more and 3 parts by mass or less relative to 100 parts by mass of manganese atoms contained in the positive electrode material mixture).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode material mixture of Shikita to incorporate the teaching of the sulfate and amount of sulfur atoms contained in the positive electrode material mixture as taught by Nakai ‘725, as incorporating the sulfate of Nakai ‘725 in such an amount would provide enhanced permeability (Para. [0038]).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shikita (US 2015/0372349) in view of Nunome et al. (US 2012/0308901) as applied to claim 1 above, and further in view of Morigaki (US 2011/0195316)
Regarding Claim 9, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita does not wherein LixMnO2 has a median particle size of 10 micrometers or more and 40 micrometers or less .
However, Morigaki teaches a lithium primary battery comprising a positive electrode including manganese dioxide as a positive electrode active material (Para. [0020]) comprising a non-aqueous electrolyte solution (Para. [0027]) wherein the manganese dioxide has a medium particle size of 20 to 50 micrometers (i.e. a median particle size range overlapping with the claimed range of 10 micrometers or more and 40 micrometers or less).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the manganese dioxide of Shikita to incorporate the teaching of the median particle size as taught by Morigaki as such a particle size provides suppression of the generation of gas (Para. [0074]). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 10, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita does not wherein LixMnO2 has a BET specific surface area of 10 m2/g or more and 40 m2/g or less.
However, Morigaki teaches a lithium primary battery comprising a positive electrode including manganese dioxide as a positive electrode active material (Para. [0020]) comprising a non-aqueous electrolyte solution (Para. [0027]) wherein the manganese dioxide has a BET specific surface area of 8 m2/g to 30 m2/g. (i.e. a BET specific surface area overlapping with the claimed range of 10 m2/g or more and 40 m2/g or less.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the manganese dioxide of Shikita to incorporate the teaching of the BET specific surface area as taught by Morigaki as such a BET specific surface area provides suppression of the generation of gas (Para. [0074]).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shikita (US 2015/0372349) in view of Nunome et al. (US 2012/0308901) as applied to claim 1 above, and further in view of Nakai et al. (WO2019/181027A), cited in the Information Disclosure Statement received March 24, 2025. The U.S. version of Nakai et al. (US 2021/0020957), cited by Applicant, is used as the English translation and referenced hereinafter as Nakai ‘957 .
Regarding Claim 11, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita does not teach the positive electrode includes a porous current collector and the positive electrode material mixture filling the current collector, the current collector contains at least one material selected from the group consisting of SUS 444, SUS 430 and SUS 316, and the positive electrode has a thickness of 300 micrometers or more and 900 micrometers or less.
However, Nakai ‘957 teaches a lithium primary battery comprising a positive electrode containing manganese dioxide as positive electrode active material (Para. [0011]) and a positive electrode collector formed from SUS430 expanded metal wherein the positive electrode mixture fills into pores of the expanded metal (Para. [0049]) (i.e. wherein the positive electrode include a porous current collector and the positive electrode material mixture filling the current collector, the current collector contains at least SUS 430) and having a thickness of 0.4 mm (Para. [0049], line 9) (i.e. the positive electrode has a thickness of 400 micrometers, within the claimed range).
The combination of the current collector as taught by Nakai ‘957 as taught by Nakai ‘957 with Shikita would yield the predictable result of providing a positive electrode containing manganese dioxide as active material for a lithium primary battery (see Shikita – Para. [0117] and Nakai ‘957 – Para. [0011]). Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to combine the current collector as taught by Nakai ‘957 as taught by Nakai ‘957, as the combination would yield the predictable result of providing a positive electrode containing manganese dioxide as active material for a lithium primary battery (see Shikita – Para. [0117] and Nakai ‘957 – Para. [0011]). The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Regarding Claim 12, Shikita as modified by Nunome et al. teaches all of the elements of the current invention in claim 1 as explained above.
Shikita further teaches a negative electrode active material includes a lithium metal and a lithium alloy (Para. [0131]) (i.e. the negative electrode includes metal lithium and a lithium alloy)
Shikita does not teach the negative electrode includes a metal lithium foil or a lithium alloy foil, and has a shape that includes a lengthwise direction and a widthwise direction, and a long piece of tape that includes a resin substrate and an adhesive layer is attached to at least one main surface of the negative electrode along the lengthwise direction.
However, Nakai ‘957 teaches a lithium primary battery comprising a negative electrode including foil composed of metal lithium or a lithium alloy (i.e. the negative electrode includes a metal lithium foil or a lithium alloy foil), a negative electrode has a shape extending in a longitudinal direction and a short direction (Para. [0038] and Fig. 1, #21) (i.e. and has a shape that includes a lengthwise direction and a widthwise direction), and along the longitudinal direction a long tape is adhered including a resin substrate and an adhesive layer on a main surface of the negative electrode (Para. [0012]) (i.e. long piece of tape that includes a resin substrate and an adhesive layer is attached to at least one main surface of the negative electrode along the lengthwise direction).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Shikita to incorporate the teaching of the negative electrode and long tape as taught by Nakai ‘957 as it would suppress a dissolution reaction during discharge, thereby causing breakage of the negative electrode to be less likely to occur (Para. [0012]).
Conclusion
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729