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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6-15, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawa (US 2013/0330609 A1).
Regarding Claim 1, Sawa teaches an organic electrolyte (see Sawa [Paragraphs 0032-0035]) comprising:
a lithium salt [0155];
a non-aqueous solvent [0032-0035] comprising a fluorinated cyclic carbonate compound [0036, 0138] and a fluorinated chain carbonate compound [0138, 0170-0172]; and
A nitrile-based compound [0067, 0072] represented by Formula 1 below:
Reproduction of Applicant’s Recited Formula 1
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108
415
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wherein, in Formula 1, A1 is a C4-C10 alkylene group [0039, 0067, 0070] substituted or unsubstituted [0067, 0072] with at least one of -F, -Cl, -Br, -I [0067], a cyano group [0062], a C1-C10 alkyl group [0072], a C3-C7 cycloalkyl group [0072], or a C1-C10 alkoxy group [0072].
Specifically, Sawa teaches a nitrile-based compound represented by Sawa Chemical Formula 1 below:
Sawa Chemical Formula 1
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131
149
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wherein, in Sawa Chemical Formula 1, A is a C4-C10 alkylene group [0039, 0067, 0070] substituted or unsubstituted [0067, 0072] with at least one of -F, -Cl, -Br, -I (i.e., halogen atoms; see [0067]), a cyano group (see [0062]), a C1-C10 alkyl group (e.g., 2,3,3-trimethylsuccinonitrile; see [0072]), a C3-C7 cycloalkyl group (e.g., bicyclohexyl-1,1-dicarbonitrile; see [0072]) , or a C1-C10 alkoxy group (e.g., 3,3'-(ethylenedioxy)dipropionitrile; see [0072].
Per Claim 2, Sawa teaches the limitations of Claim 1. Sawa further teaches that the C4-C10 alkylene group [0070-0072] is a linear (e.g., adiponitrile) or branched (e.g., tert-butylmalononitrile) C4-C10 alkylene group.
Per Claim 3, Sawa teaches the limitations of Claim 2. Sawa further teaches that the C4-C10 alkylene group [0070-0072] is a linear (e.g., suberonitrile) or branched (e.g., 2,2-diethyl-3,3-dimethylsuccinonitrile) C6-C8 alkylene group.
Per Claim 4, Sawa teaches the limitations of Claim 1. Sawa further teaches that the nitrile-based compound [0072-0073] comprises at least one of 1,4-dicyanobutane (i.e., adiponitrile), 1,5- dicyanopentane (i.e., pimelonitrile), 1,6-dicyanohexane (i.e., suberonitrile), 1,7-dicyanoheptane (i.e., azelanitrile), 1,8-dicyanooctane (i.e., sebaconitrile), 1,9-dicyanononane (i.e., undecanedinitrile), or 1,10-dicyanodecane (i.e., dodecanedinitrile).
Per Claim 6, Sawa teaches the limitations of Claim 1. Sawa further teaches that the lithium salt [0155-0156] is LiPF6, LiBF4, LiSbF6, LiAsF6, LiClO4, LiCF3SO3, Li(CF3SO2)2N, LiC4F9SO3, LiAlO2, LiAlCl4, LiN(CxF2x1SO2)(CyF2y+1SO2), wherein x and y are natural numbers, LiCl, LiI, or a mixture thereof.
Per Claim 7, Sawa teaches the limitations of Claim 1. Sawa further teaches that the lithium salt is contained in a concentration [0161] of 0.01 M to 1.0 M. Specifically, Sawa teaches an example of an organic electrolyte [0402] wherein the lithium salt (i.e., LiPF6) is contained in a concentration of 1.0 M.
Per Claim 8, Sawa teaches the limitations of Claim 1. Sawa further teaches that the fluorinated cyclic carbonate compound [0139] is represented by Applicant’s Recited Formula 2, reproduced below:
Reproduction of Applicant’s Recited Formula 2
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157
112
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wherein, in Formula 2, A2 is a C1-C4 alkylene group (e.g., an alkyl group having 1 to 4 carbons; see [0140]) substituted with at least one of -F, -Cl, -Br, -I, a cyano group, a C1-C10 alkyl group, a C3-C7 cycloalkyl group, and a C1-C10 alkoxy group, and at least one selected from substituents of A2 is -F.
Specifically, Sawa teaches a multitude of fluorine atom-containing cyclic carbonates [0139] and their derivatives, wherein the derivative products provided by the fluorination of ethylene carbonate are exemplified by the fluorination products of ethylene carbonates substituted by an alkyl group having 1 to 4 carbons (see [0140]). Specific examples included monofluoroethylene carbonate, 4-fluoro-5-phenylvinlene carbonate, and 4-fluoro-4,5-dimethylethylene carbonate (see [0141]).
Per Claim 9, Sawa teaches the limitations of Claim 8. Sawa further teaches that A2 is a C2-C4 alkylene group [0141] substituted with at least one -F. Specifically, Sawa teaches 4-fluoro-5-vinylethylene carbonate [0141].
Per Claim 10, Sawa teaches the limitations of Claim 1. Sawa further teaches that the fluorinated cyclic carbonate compound [0141] comprises at least one of a fluoroethylene carbonate compound, a difluoroethylene carbonate compound, a fluoropropylene carbonate compound, a difluoropropylene carbonate compound, or a trifluoropropylene carbonate compound. Specifically, Sawa teaches monofluoroethylene carbonate, 4,4-difluoroethylene carbonate, and 4,5-difluoroethylene carbonate (see [0141]).
Per Claim 11, Sawa teaches the limitations of Claim 1. Sawa further teaches that the fluorinated cyclic carbonate compound [0144, 0389] is contained in a content that is greater than 15 vol% and less than 55 vol% with respect to 100 vol% of the organic electrolyte. Specifically, Sawa teaches an organic electrolyte wherein the content of the fluorinated cyclic carbonate (i.e., monofluoroethylene carbonate) is 30 vol.% (see [0389]).
Per Claim 12, Sawa teaches the limitations of Claim 1. Sawa further teaches that the fluorinated chain carbonate compound [0167-0177] is represented by Formula 3 below:
Reproduction of Applicant’s Recited Formula 3
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121
307
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wherein, in Formula 3, L1 and L2 are each independently a single bond or a C1-C10 alkylene group substituted or unsubstituted with at least one of -F, -Cl, -Br, -I, a cyano group, a C1-C10 alkyl group, a C3-C7 cycloalkyl group, or a C1-C10 alkoxy group, a1 and a2 are independently an integer selected from 1 to 3, R1 and R2 are each independently a C1-C10 alkyl group unsubstituted or substituted with at least one of -F, -Cl, -Br, -I, a cyano group, a C1-C10 alkyl group, a C3-C7 cycloalkyl group, or a C1-C10 alkoxy group, and at least one of Li, L2, R1, or R2 is substituted with -F.
Specifically, Sawa teaches that the chain carbonate is preferably a chain carbonate having 3 to 7 carbons and is more preferably a dialkyl carbonate having 3 to 7 carbons [0167]. Sawa further teaches the incorporation of linear carbonates having a fluorine atom [0170]. Sawa teaches specific examples wherein L1 and L2 are each independently a single bond, and substituted with at least -F and a C1-C10 alkyl group [0174-0175]. These included, for instance, 2-fluoroethyldifluoromethyl carbonate [0174].
Per Claim 13, Sawa teaches the limitations of Claim 12. Sawa further teaches that R1 and R2 are each independently a C1-C10 alkyl group in which at least one -F is substituted [0174]. Specifically, Sawa teaches the exemplary compound 2-fluoroethyldifluoromethyl carbonate [0174], wherein R1 and R2 are each independently a C2 and a C1 alkyl group, respectively, in which at least one -F is substituted.
Per Claim 14, Sawa teaches the limitations of Claim 12. Sawa further teaches that R1 and R2 [0173-0175] are each independently selected from CFHCH3, -CF2CH3, -CH2CFH2, -CH2CF2H, -CH2CF3, -CFHCFH2, - CFHCF2H, -HCF3, -CF2CFH2, -CF2CF2H, or -CF2CF3. Specifically, Sawa teaches the exemplary compound 2,2,2-trifluoroethyl-2'-fluoroethyl carbonate [0175], wherein R1 and R2 are -CH2CF3 and -CH2CFH2, respectively. Furthermore, Sawa teaches the exemplary compound 2,2,2-trifluoroethyl-2',2'-difluoroethyl carbonate [0175], wherein R1 and R2 are -CH2CF3 and -CH2CF2H, respectively.
Per Claim 15, Sawa teaches the limitations of Claim 12. Sawa further teaches that R1 and R2 are identical to each other [0175]. Specifically, Sawa teaches bis(2,2,2-trifluoroethyl)carbonate, wherein R1 and R2 are each identically -CH2CF3.
Per Claim 18, Sawa teaches the limitations of Claim 1. Sawa further teaches that the non-aqueous solvent [0162, 0231] further comprises at least one solvent selected from an ether-based solvent, an ester-based solvent, and a ketone-based solvent. Specifically, Sawa teaches that the non-aqueous solvent comprises an ether compound [0167], and the exemplary compound di(2,2,2-trifluoroethyl)ether [0187]. Furthermore, Sawa teaches that the non-aqueous solvent comprises an ester compound [0178], and the exemplary compound gamma-butyrolactone [0179].
Per Claim 19, Sawa teaches the limitations of Claim 1. Sawa further teaches a secondary battery [0043, 0259] comprising: a positive electrode; a negative electrode; and the organic electrolyte of Claim 1.
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 5, 16, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sawa (US 2013/0330609 A1) as applied to Claims 1-4, 6-15, 18 and 19 above.
Regarding Claim 5, Sawa teaches the limitations of Claim 1 and Claim 19.
However, Sawa does not disclose a content of the nitrile-based compound that is greater than 10 vol% and less than 80 vol%.
Sawa discloses that the amount of nitrile-based compound can be adjusted [0074] and furthermore that adjusting the amount of nitrile-based compound effects the storage characteristics ([0075]).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the amount of nitrile-based compound in the non-aqueous based solvent to be within the range disclosed above in order to optimize the storage characteristics.
Regarding Claim 20, Sawa teaches the limitations of Claim 1 and Claim 19.
However, Sawa does not disclose that the secondary battery maintains an overvoltage of 0.3V or less after being charged to 6V.
Sawa discloses that the amounts of nitrile-based compound ([0074]), fluorinated cyclic carbonate compound ([0144][0177]), fluorinated chain carbonate compound can be adjusted and that the relative amounts of each of the compounds in the electrolyte effects the electrical characteristics and safety requirements of the battery ([0145][0075]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the amounts of nitrile-based compound, fluorinated cyclic carbonate compound, and fluorinated chain carbonate compound in the non-aqueous based solvent to achieve the claimed overvoltage because doing so would allow for optimization of electrical characteristics and safety requirements of the battery.
Regarding Claims 16 and 17, Sawa teaches the limitations of Claim 1.
However, Sawa does not disclose the following:
the fluorinated chain carbonate compound is contained in a content that is … less than 55 vol% with respect to 100 vol% of the organic electrolyte
the fluorinated cyclic carbonate compound and the fluorinated chain carbonate compound are contained in a content that is greater than 30 vol% … with respect to a total volume of the organic electrolyte
Sawa teaches an overlapping range of the fluorinated chain carbonate compound [0174], wherein the amount of incorporation is 15 vol% or more and 85 vol% or less with respect to 100 vol% of the organic electrolyte [0177] and a specific example (see Example 2-5, [0406]) wherein the amount of incorporation of the fluorinated chain carbonate compound (i.e., 2,2,2-trifluoroethyl methyl carbonate) was 70 vol %.
With respect to the amount of incorporation of the fluorinated chain carbonate compound [0174], Sawa recognizes that the upper limit of the range is a result effective variable [0177]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Sawa’s teaching of the upper limit of the amount of incorporation of the fluorinated chain carbonate compound to be within the claimed upper limit of “less than 55 vol %” for the purpose of optimizing the permittivity characteristics of the electrolyte solution. The result of avoiding drops in electrical conductivity derived from decreased permittivity of the non-aqueous electrolyte solution would also have been reasonably predictable [0177]. Further, the Federal Circuit emphasized in In re Wertheim that a prima facie case of obviousness exists when the claimed ranges “overlap or lie inside ranges disclosed by the prior art” (see MPEP 2144.05 (I)).
Sawa teaches an overlapping range [0219] of the combined amount of the fluorinated cyclic carbonate compound [0144] and the fluorinated chain carbonate compound [0170-0173, 0177], wherein the amount of incorporation is 15 vol% or more and 60 vol% or less with respect to a total volume of the organic electrolyte [0219].
With respect to the combined amount of incorporation of the fluorinated cyclic carbonate compound and the fluorinated chain carbonate compound, Sawa recognizes that the amount of each compound is a result effective variable [0144, 0177]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Sawa’s teaching of the combined amount of incorporation of the fluorinated cyclic carbonate and the fluorinated chain carbonate compound to be within the claimed range of “greater than 30 vol% and less than 70 vol%” for the purpose of optimizing both the cycle characteristic of the secondary battery [0145] and the permittivity characteristic of the electrolyte solution [0177]. The results of avoiding drops in high-temperature storage characteristic [0145] and electrical conductivity [0177] would also have been reasonably predictable. Further, the Federal Circuit emphasized in In re Wertheim that a prima facie case of obviousness exists when the claimed ranges “overlap or lie inside ranges disclosed by the prior art” (see MPEP 2144.05 (I)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEROME J NASH whose telephone number is (571)272-3025. The examiner can normally be reached Monday - Friday, 8:00 am-5:00 pm.
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/J.J.N./Examiner, Art Unit 1726
/DEVINA PILLAY/Primary Examiner, Art Unit 1726