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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 16, 2026 has been entered.
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.
Claims 1, 3-4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (WO 2020/231121 A1, see also the provided English translation), and further in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the previously provided English translation).
Regarding Claim 1, Yun discloses a non-aqueous electrolyte secondary battery ([0033], [0070]), comprising:
a positive electrode containing a positive electrode active material ([0033], [0077]);
a negative electrode containing a negative electrode active material ([0033], [0041]-[0042]);
a separator disposed between the positive electrode and the negative electrode ([0033], [0086]);
an electrolyte solution containing an organic solvent and a supporting salt ([0033], [0067]); and
a storage container in which the positive electrode, the negative electrode, the separator, and the electrolyte solution are arranged in an internal storage space (e.g. [0138]).
Yun further discloses wherein the separator is not particularly limited so long as it separates the positive and negative electrodes and provides a pathway for the movement of lithium ions, and for example may be chosen to be a glass fiber non-woven fabric ([0086]).
It would have been obvious to one of ordinary skill in the art to utilize a glass fiber non-woven fabric as the separator, as disclosed by Yun, wherein the skilled artisan would have a reasonable expectation that such would successfully separate the positive and negative electrodes and provide a pathway for the movement of lithium ions, as desired by Yun.
Modified Yun further discloses wherein electrolyte solution may be chosen to contain, as the supporting salt, 2 mol/L to 7 mol/L of lithium bis(fluorosulfonyl)imide (LiFSI) in order to minimize degradation of battery life due to side reactions of the electrolyte solution ([0067]-[0069], [0075]), which encompasses the instantly claimed range of greater than 5 mol/L to 7 mol/L.
It would have been obvious to one of ordinary skill in the art to utilize lithium bis(fluorosulfonyl)imide (LiFSI) in the encompassing portion of the range disclosed by modified Yun, wherein the skilled artisan would have a reasonable expectation that such would successfully minimize degradation of battery life due to side reactions of the electrolyte solution.
Modified Yun further discloses wherein the organic solvent is not particularly limited, and for example may be chosen to contain propylene carbonate (PC), ethylene carbonate (EC), and dimethoxyethane (DME) in order to effectively dissociate the supporting salt while having low viscosity, resulting in relatively excellent ionic conductivity ([0069]-[0072] of Yun).
Specifically, modified Yun discloses wherein the mixing ratio is not particularly limited and can be appropriately adjusted according to the desired battery performance ([0073] of Yun).
However, modified Yun does not disclose wherein the electrolyte solution contains, as the organic solvent, a mixed solution consisting of propylene carbonate (PC), ethylene carbonate (EC), and dimethyoxyethane (DME) at a volume ratio in a range of {PC:EC:DME} = {0.5 to 1.5:0.5 to 1.5:1 to 3}.
Miura teaches an electrolyte solution (50) for a non-aqueous electrolyte secondary battery containing an organic solvent and a supporting salt, wherein the supporting salt may be lithium bis(fluorosulfonyl)imide (LiFSI) ([0048], [0063], [0069]).
Specifically, Miura teaches wherein the electrolyte solution (50) contains, as the organic solvent, a mixed solution consisting of propylene carbonate (PC), ethylene carbonate (EC), and dimethyoxyethane (DME) at a volume ratio in a range of {PC:EC:DME} = {0.5 to 1.5:0.5 to 1.5:1 to 3} in order to improve low-temperature characteristics without impairing capacity retention rate at high temperatures or at room temperature ([0054], [0058]-[0059]).
It would have been obvious to one of ordinary skill in the art to utilize a mixed solution consisting of propylene carbonate (PC), ethylene carbonate (EC), and dimethyoxyethane (DME) at a volume ratio in a range of {PC:EC:DME} = {0.5 to 1.5:0.5 to 1.5:1 to 3} as the organic solvent of modified Yun, as taught by Miura, in order to improve low-temperature characteristics without impairing capacity retention rate at high temperatures or at room temperature, wherein the mixing ratio is not particularly limited and therefore the skilled artisan would have a reasonable expectation that such would successfully effectively dissociate the supporting salt of Yun while having low viscosity, resulting in relatively excellent ionic conductivity, as desired by Yun.
Modified Yun further discloses wherein the positive electrode may be manufactured by mixing an active material, a conductive agent, and a binder ([0079] of Yun).
However, modified Yun does not disclose wherein the positive electrode or the negative electrode is in the form of a pellet containing an active material, a conductive agent, and a binder.
Miura further teaches wherein the non-aqueous electrolyte secondary battery comprises a positive electrode (10), wherein the positive electrode (10) may be in the form of a pellet containing an active material, a conductive agent, and a binder in order to make it easier to form the positive electrode ([0075]-[0076]).
It would have been obvious to one of ordinary skill in the art to manufacture the positive electrode of modified Yun to be in the form of a pellet containing the active material, the conductive agent, and the binder of modified Yun, as further taught by Miura, in order to make it easier to form the positive electrode.
Regarding Claim 3, modified Yun discloses all of the limitations as set forth above and further discloses wherein the storage container contains the positive electrode, the negative electrode, the separator, and the electrolyte solution arranged in the internal storage space (e.g. [0138] of Yun).
However, modified Yun remains silent regarding the structure of the storage container and consequently does not disclose wherein the storage container comprises a bottomed cylindrical positive electrode can, and a negative electrode can which is fixed to an opening portion of the positive electrode can with an interposed gasket to form the internal storage space with the positive electrode can, and the storage container is a coin-type container in which the internal storage space is sealed by crimping the opening portion of the positive electrode can toward a negative electrode can side.
Miura further teaches in Fig. 1 a non-aqueous electrolyte secondary battery (1) ([0069]) comprising:
a storage container (2) in which the positive electrode (10), a negative electrode (20), a separator (30), and the electrolyte solution (50) are arranged in an internal storage space ([0032]-[0033]),
wherein the storage container (2) comprises
a bottomed cylindrical positive electrode can (12) ([0032]);
a negative electrode can (22) which is fixed to an opening portion (12a) of the positive electrode can (12) with an interposed gasket (40) to form the internal storage space with the positive electrode can (12) (Fig. 1, [0032]), and
the storage container (2) is a coin-type container in which the internal storage space is sealed by crimping the opening portion (12a) of the positive electrode can (12) toward a negative electrode can side (Fig. 1, [0032]).
It would have been obvious to one of ordinary skill the art to form the storage container of modified Yun to comprise a bottomed cylindrical positive electrode can, and a negative electrode can which is fixed to an opening portion of the positive electrode can with an interposed gasket to form the internal storage space of modified Yun with the positive electrode can, wherein the storage container is a coin-type container in which the internal storage space is sealed by crimping the opening portion of the positive electrode can toward a negative electrode can side, as further taught by Miura, as such is a known structure in the art and therefore the skilled artisan would have a reasonable expectation that such would successfully form a storage container in which the positive electrode, the negative electrode, the separator, and the electrolyte solution of modified Yun are arranged in the internal storage space, as desired by modified Yun.
Regarding Claim 4, modified Yun discloses all of the limitations as set forth above and further discloses wherein the storage container (2 of Miura) has a structure in which the gasket (40 of Miura) is interposed between an inner bottom portion and an inner side portion of the positive electrode can (12 of Miura) and the negative electrode can (22 of Miura) for insulating and sealing (Fig. 1, [0032] of Miura).
Regarding Claim 8, modified Yun discloses all of the limitations as set forth above and further discloses wherein the positive electrode active material is not particularly limited so long as it is capable of reverse intercalation and deintercalation of lithium, such as a lithium manganese oxide composed of LiMn2-z1Coz1O4 (0<Z1<2) ([0080]-[0081] of Yun), which reads on Li1+xCoyMn2-x-yO4 (0< x <0.33 and 0< y < 0.2) when x=0 and 0< y < 0.2.
It would have been obvious to one of ordinary skill in the art to utilize Li1+xCoyMn2-x-yO4 where x=0 and 0< y < 0.2, as disclosed by modified Yun, wherein the skilled artisan would have a reasonable expectation that such is successfully capable of reverse intercalation and deintercalation of lithium, as desired by modified Yun.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (WO 2020/231121 A1, see also the provided English translation) in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the previously provided English translation), as applied to Claim 3 above, and further in view of Itoh (US PGPub 2013/0295438 A1).
Regarding Claim 6, modified Yun discloses all of the limitations as set forth above and further discloses wherein the storage container (2 of Miura) has a structure in which the positive electrode (10 of Miura) is disposed to cover an inner bottom portion of the positive electrode can (12 of Miura) and the gasket (40 of Miura) is interposed between an inner side portion of the positive electrode can (12 of Miura) and the positive electrode (10 of Miura), and the negative electrode can (22 of Miura) for insulating and sealing (Fig. 1, [0032] of Miura).
However, modified Yun does not disclose wherein the positive electrode is disposed to cover the entire inner bottom portion of the positive electrode can.
Itoh teaches in Fig. 1 a battery (1) comprising a storage container (2, 3, 4) ([0032]) comprising:
a bottomed cylindrical positive electrode can (2) ([0032]);
a negative electrode can (3) which is fixed to an opening portion (2a) of the positive electrode can (2) with an interposed gasket (4) to form an internal storage space (S) with the positive electrode can (2) ([0032], [0034]), and
the storage container (2, 3, 4) is a coin-type container in which the internal storage space (S) is sealed by crimping the opening portion (2a) of the positive electrode can (2) toward a negative electrode can side ([0034]).
Specifically, Itoh teaches in Fig. 1 wherein the storage container (2, 3, 4) has a structure in which a positive electrode (5) is disposed to cover an entire inner bottom portion of the positive electrode can (2) and the gasket (4) is interposed between an inner side portion of the positive electrode can (2) and the positive electrode (5), and the negative electrode can (3) for insulating and sealing ([0034]).
It would have been obvious to one of ordinary skill in the art to form the positive electrode of modified Yun to be configured such that it is disposed to cover the entire inner bottom portion of the positive electrode can of modified Yun, as taught by Itoh, as such is a known configuration in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form a non-aqueous electrolyte secondary battery, as desired by modified Yun.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (WO 2020/231121 A1, see also the provided English translation) in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the previously provided English translation), as applied to Claim 1 above, and further in view of Miura et al. (US PGPub 2015/0207113 A1), hereinafter Miura 2015.
Regarding Claim 9, modified Yun discloses all of the limitations as set forth above and further discloses wherein the negative electrode contains, as the negative electrode active material, lithium ([0042] of Yun).
However, modified Yun does not disclose wherein the negative electrode contains, as the negative electrode active material, SiOx (0 < X < 2) having at least a part of a surface coated with a carbon.
Miura 2015 teaches a negative electrode for a non-aqueous electrolyte secondary battery comprising a negative electrode material comprising lithium (Li) and SiOx (0 < X < 2) in order to prevent charging abnormality and a decrease in discharging capacity when stored for a long period of time under a high-temperature environment while also improving storage characteristics ([0025]-[0026]), which reads on the instantly claimed SiOx (0 < X < 2).
It would have been obvious to one of ordinary skill in the art to utilize SiOx (0 < X < 2) in combination with the lithium of modified Yun as the negative electrode active material of modified Yun, as taught by Miura 2015, in order to prevent charging abnormality and a decrease in discharging capacity when stored for a long period of time under a high-temperature environment while also improving storage characteristics.
Furthermore, Miura teaches wherein a negative electrode active material comprising SiOx (0 < X < 2) may have at least a part of a surface coated with a carbon in order to improve the conductivity of the negative electrode, suppress an increase in internal resistance, and improve cycle characteristics of the non-aqueous electrolyte secondary battery ([0080]-[0082]).
It would have been obvious to one of ordinary skill in the art to coat at least a part of the surface of the SiOx (0 < X <2) of modified Yun with a carbon, as further taught by Miura, in order to improve the conductivity of the negative electrode of modified Yun, suppress an increase in internal resistance, and improve cycle characteristics of the non-aqueous electrolyte secondary battery of modified Yun.
Response to Arguments
Applicant’s arguments with respect to amended Claim 1 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tian et al. (CN 112397786 A, see also the provided English translation) teaches a non-aqueous electrolyte secondary battery comprising an electrolyte that may be chosen to comprise greater than 5 mol/L to 7 mol/L of lithium bis(fluorosulfonyl)imide (LiFSI) as a supporting salt ([0010], [0036]-[0037]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BASIA RIDLEY can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
Prosecution Insights