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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 more 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 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (KR 2018-0070418 A, see also the provided EPO machine generated English translation), and further in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the provided EPO machine generated English translation).
Regarding Claim 1, Choi discloses a non-aqueous electrolyte secondary battery ([0017]) comprising:
a positive electrode containing a positive active material ([0017], [0051]);
a negative electrode containing a negative electrode active material ([0017], [0051]);
a separator disposed between the positive electrode and the negative electrode ([0017]);
the electrolyte solution may be chosen to contain, as the supporting salt, 2 to 5 (mol/L) of lithium bis(fluorosulfonyl)imide (LiFSI) in order to form a non-aqueous secondary battery with low resistance while reducing the interaction between lithium metal and the electrolyte solution and effectively suppressing side reactions ([0025]-[0026], [0041]), which overlaps with the instantly claimed range of greater than 4 to 7 (mol/L).
It would have been obvious to one of ordinary skill in the art to utilize lithium bis(fluorosulfonyl)imide (LiFSI) as the supporting salt in the electrolyte solution in the overlapping portion of the range disclosed by Choi in order to form a non-aqueous secondary battery with low resistance while reducing the interaction between lithium metal and the electrolyte solution and effectively suppressing side reactions.
The Examiner notes that the non-aqueous electrolyte secondary battery of modified Choi must necessarily and inherently comprise a storage container in which the positive electrode, the negative electrode, the separator, and the electrolyte solution are arranged in an internal storage space in order to successfully form functioning non-aqueous electrolyte secondary battery.
However, modified Choi does not explicitly disclose a storage container in which the positive electrode, the negative electrode, the separator, and the electrolyte solution are arranged in an internal storage space.
Miura teaches in Fig. 1 a non-aqueous electrolyte secondary battery (1) ([0069]) comprising:
a positive electrode (10) containing a positive electrode active material ([0070]);
a negative electrode (20) containing a negative electrode active material ([0080]);
a separator (30) disposed between the positive electrode (10) and the negative electrode (20) ([0094]);
an electrolyte solution (50) containing an organic solvent and a supporting salt ([0048]), and
a storage container (2) in which the positive electrode (10), the negative electrode (20), the separator (30), and the electrolyte solution (50) are arranged in an internal storage space ([0032]-[0033]).
It would have been obvious to one of ordinary skill in the art to arrange the positive electrode, the negative electrode, the separator, and the electrolyte solution of modified Choi in an internal storage space of a storage container, as taught by Miura, in order to successfully form a non-aqueous electrolyte secondary battery, as desired by modified Choi.
Modified Choi remains silent regarding the method of forming the positive electrode and the negative electrode and consequently does not disclose wherein at least one of 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 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 form the positive electrode of modified Choi to be in the form of a pellet containing an active material, a conductive agent, and a binder, as further taught by Miura, in order to make it easier to form the positive electrode.
Modified Choi discloses wherein the separator is a thin insulating film having high ion permeability and mechanical strength ([0051] of Choi).
However, modified Choi does not disclose wherein the separator is formed of a glass fiber non-woven fabric.
Miura further teaches wherein the separator (30) is preferably formed of a glass fiber non-woven fabric in order to reduce internal resistance and improve discharge capacity ([0094]).
It would have been obvious to one of ordinary skill in the art to form the separator of modified Choi to be of a glass fiber non-woven fabric, as further taught by Miura, in order to reduce internal resistance and improve discharge capacity.
Modified Choi discloses wherein the electrolyte solution comprises dimethoxyethane (DME) as the organic solvent in order to minimize the effect of decomposition due to reduction during the charging and discharging process of the battery ([0027]-[0029], e.g. [0055] of Choi) and further discloses wherein the electrolyte solution and may additionally comprise propylene carbonate (PC) and ethylene carbonate (EC) ([0046] of Choi).
However, modified Choi 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 further teaches wherein the electrolyte solution (50) contains an organic solvent and a supporting salt, wherein the supporting salt may be lithium bis(fluorosulfonyl)imide (LiFSI) ([0048], [0063]).
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 Choi, 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 skilled artisan would have a reasonable expectation that such would successfully minimize the effect of decomposition due to reduction during the charging and discharging process of the non-aqueous electrolyte secondary battery of modified Choi, as desired by modified Choi.
Regarding Claim 3, modified Choi discloses all of the limitations as set forth above and further discloses wherein the storage container (2 of Miura) comprises
a bottomed cylindrical positive electrode can (12 of Miura) ([0032] of Miura);
a negative electrode can (22 of Miura) which is fixed to an opening portion (12a of Miura) of the positive electrode can (12 of Miura) with an interposed gasket (40 of Miura) to form the internal storage space with the positive electrode can (12 of Miura) (Fig. 1, [0032] of Miura), and
the storage container (2 of Miura) is a coin-type container in which the internal storage space is sealed by crimping the opening portion (12a of Miura) of the positive electrode can (12 of Miura) toward a negative electrode can side (Fig. 1, [0032] of Miura).
Regarding Claim 4, modified Choi 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 Choi discloses all of the limitations as set forth above and further discloses wherein positive electrode active material is not particularly limited so long as it is capable of absorbing and releasing lithium ions ([0051] of Choi).
However, modified Choi does not disclose wherein the positive electrode contains, as the positive electrode active material, at least a lithium manganese oxide composed of Li1+xCoyMn2-x-yO4 (0<x<0.33 and 0<y<0.2).
Miura further teaches wherein the positive electrode (10) contains, as a positive electrode active material, at least a lithium manganese oxide composed of Li1+xCoyMn2-x-yO4 (0<x<0.33 and 0<y<0.2) in order to obtain improved long-term storage characteristics ([0070]-[0072]).
It would have been obvious to one of ordinary skill in the art to form the positive electrode active material of modified Choi to contain at least a lithium manganese oxide composed of Li1+xCoyMn2-x-yO4 (0<x<0.33 and 0<y<0.2), as further taught by Miura, in order to obtain improved long-term storage characteristics.
Regarding Claim 9, modified Choi discloses all of the limitations as set forth above and further discloses wherein the negative electrode active material is not particularly limited ([0051] of Choi).
However, modified Choi does not disclose wherein the silicon-carbon material is specifically SiOx (0<X<2) having at least part of a surface coated with carbon.
Miura further teaches wherein the negative electrode (20) contains, as the negative electrode active material, a silicon-carbon material ([0080]).
Specifically, Miura teaches wherein the silicon-carbon material is SiOx (0<X<2) having at least part of a surface coated with 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 utilize SiOx (0<X<2) having at least part of a surface coated with carbon as the negative electrode active material of modified Choi, as further taught by Miura, in order to improve the conductivity of the negative electrode of modified Choi, suppress an increase in internal resistance, and improve cycle characteristics of the non-aqueous electrolyte secondary battery of modified Choi.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (KR 2018-0070418 A, see also the provided EPO machine generated English translation) in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the provided EPO machine generated English translation), as applied to Claim 3 above, and further in view of Itoh (US PGPub 2013/0295438 A1).
Regarding Claim 6, modified Choi 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 Choi 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 Choi to be configured such that it is disposed to cover the entire inner bottom portion of the positive electrode can of modified Choi, 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 Choi.
Response to Arguments
Applicant’s arguments with respect Lu and 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.
Applicant's arguments filed April 8, 2026 have been fully considered but they are not persuasive.
Regarding amended Claim 1, the Applicant argues that Miura teaches a supporting salt concentration maintained between 1.4-2.0 mol/L (Claim 1) and therefore Miura teaches away from the claimed range.
The Examiner respectfully disagrees and notes that Miura was not relied on to teach the claimed range and therefore the arguments directed to such are moot.
Thus, the arguments are not found to be persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tang et al. (WO 2021/104059 A1, see also the provided EPO machine generated English translation) teaches a secondary battery comprising an electrolyte solution containing a supporting salt in a range from 3 mol/L to a saturated concentration (Abstract).
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 1.136(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 1.17(a)) pursuant to 37 CFR 1.136(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 KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
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