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 .
Information Disclosure Statement
The information disclosure statements filed June 20, 2023 & August 22, 2024 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claims 16 & 29, the term “positive electrode active material comprising Ni, Mn, Co and A, said positive electrode material having a Ni:(Mn+Co+A) molar ratio of (1-x-y-z):(x+y+z) wherein 0.00<x<0.70, 0.00<y<0.40, and 0.00<z<0.10” is vague and indefinite, It is unclear which stoichiometric elements x, y & z are assigned to which element in the compound. An appropriate correction is required.
Claims 17-28 & 30-32 are rejected based on dependency on claims 16 & 29.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 18 recites the broad recitation “from 0.5 % by moles to 6.0 % by moles” or “from 1.0 % by moles to 4.0 % by moles”, or “from 1.0 % by moles to 3.0 % by moles”, and the claim also recites “from 0.5 % by moles to 5.0 % by moles” or “from 0.5 % by moles to 4.0 % by moles” or “from 1.0 % by moles to 4.0 % by moles” which are the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Only one range is permitted in the claims. An appropriate correction is required.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 19 recites the broad recitation “from 1.2 % by moles to 4.0 % by moles” and the claim also recites “or from 1.5 % by moles to 3.5 % by moles,” or “or from 1.5 % by moles to 3.0 % by moles” which are the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Only one range is permitted in the claims. An appropriate correction is required.
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.
Claim(s) 16-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over ANANI WO-2020033538-A1 in view of Kerr et al. US Pub. 20030023001.
With respect to claims 16 & 29, ANANI teaches a positive electrode for lithium-ion secondary batteries and battery (cathode in rechargeable lithium battery; Abstract), comprising a positive electrode active material and at least one polymer electrolyte (cathode comprising a cathode binder polymer and a cathode active material and a polymer-matrix electrolyte (PME) comprising an electrolyte polymer; Abstract), a lithium salt and an electrolyte solvent (cathode comprising a cathode binder polymer and a cathode active material and a polymer-matrix electrolyte (PME) comprising an electrolyte polymer; Abstract),, said positive electrode active material comprising Ni, Mn, Co and A, said positive electrode material having a Ni:(Mn+Co+A) molar ratio of (1-x-y-z):(x+y+z) wherein 0.00<x<0.70, 0.00<y<0.40, and 0.00<z<0.10 as measured by ICP, wherein A, when present, is different than Ni, Mn, Co and Li, and is at least one of: B, Mg, Al, Nb, Ti, Y, W, S, Ba, Sr, and Zr (Li.sub.xA.sub.yM.sub.aM’.sub.b0.sub.2, where M and M’ are at least one member of the group consisting of manganese, cobalt; A is at least one member of the group consisting of nickel; x ranges from about 0.05 to 1.25; y ranges from 0 to 1.25, M is Co, Ni, Mn, Fe; a ranges from 0.1 to 1.2; and b ranges from 0 to 1, teaching claim 6 & Li.sub.xNi.sub.aMn.sub.bCo.sub.cO, where x is from about 0.05 to about 1.25, c is from about 0.0 to about 0.4, b is from about 0.0 to about 0.65, and a is from about 0.05 to about 1.0; teaching claim 6). With respect to claim 24,
the positive electrode further comprises at least one lithium salt selected from: LiTFSI, LiFSI, LiPF6, LiBF4, and LiClO4 (LiPF6, LiBF4; teaching claim 4). With respect to claim 25, wherein A is Al and the atomic ratio of A to the total amount of Ni, Mn, and/or Co is higher than 0 ( Li.sub.xA.sub.yM.sub.aM’.sub.b0.sub.2, where M and M’ are at least one member of the group consisting of manganese, cobalt, aluminum; A is at least one element selected from the group consisting of nickel; x is from about 0.05 to 1.25; y is from 0 to 1.25, M is Co, Ni, Mn, Fe; a ranges from 0.1 to 1.2; and b ranges from 0 to 1; teaching claim 6). With respect to claim 26, a polymer battery comprising the positive electrode (cathode comprising a cathode binder polymer and a cathode active material and a polymer-matrix electrolyte (PME) comprising an electrolyte polymer; Abstract).
With respect to claim 27, electrochemical cell comprising the positive electrode (Lithium batteries can also be used in hybrid electric vehicles (HEVs) and battery electric vehicles (EVs); Examiners Note: packs power these devices). With respect to claim 28,
battery comprising the electrochemical cell (Lithium batteries can also be used in hybrid electric vehicles (HEVs) and battery electric vehicles (EVs); Examiners Note: packs power these devices). With respect to claim 30, comprising at least one lithium salt selected from: LiTFSI, LiFSI, LiPF6, LiBF4, and LiClO4 (LiPF6, LiBF4; teaching claim 4).
With respect to claim 31 & 32, wherein A is Al and the atomic ratio of A to the total amount of Ni, Mn, and/or Co is higher than 0 ( Li.sub.xA.sub.yM.sub.aM’.sub.b0.sub.2, where M and M’ are at least one member of the group consisting of manganese, cobalt, aluminum; A is at least one element selected from the group consisting of nickel; x is from about 0.05 to 1.25; y is from 0 to 1.25, M is Co, Ni, Mn, Fe; a ranges from 0.1 to 1.2; and b ranges from 0 to 1; teaching claim 6).
ANANI does not teach or suggest: said polymer electrolyte being obtained by reaction between: i. at least one polyether polymer [hereinafter polymer (P)], said polymer (P) comprising:- at least 70.0 % by moles of oxyethylene units (EO);- from 0.0 to 10.0 % by moles of oxypropylene units (PO); and - from 1.00 to 4.0 % by moles of recurring units derived from at least one monomer [hereafter, monomer (M)] of general formula (I) or of general formula (II):
formula (I)
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formula (II)
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wherein - each of R1 and R2, equal to or different from each other and at each occurrence, is C1_6 alkanediyl wherein said C1-6 alkanediyl, is optionally substituted with one or more substituents selected from halide, C1_4 alkyl, C3_6 cycloalkyl, CF3, OR8, and wherein each of Rs, equal to or different from each other and at each occurrence, is independently selected from the group consisting of hydrogen and C1_4 alkyl; n is an integer 0 or 1 or 2; - each of X is a leaving group selected from the group consisting of halide,trifluoromethanesulfonate, nonafluorobutanesulfonate, p-toluenesulfonate and methanesulfonate; and ii. at least one polysiloxane compound having the formula (III):
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formula (III) wherein - each of R3, R4, Rs, R6 and R7, equal to or different from each other and at each occurrence, is independently selected from the group consisting of C1_6 alkyl, C3_6 cycloalkyl, aryl, C1_6 alkoxy, heterocyclyl, wherein said C1_6 alkyl, C3_6 cycloalkyl, aryl, C1_6 alkoxy, and heterocyclyl are optionally substituted with one or more substituents selected from halide, C1_4 alkyl, C3_6 cycloalkyl, CF3, and OR9, and wherein each of R9, equal to or different from each other and at each occurrence, is independently selected from the group consisting of hydrogen, C1_4 alkyl, and an hydroxyl protecting group,- m is an integer of at least 3; and wherein said at least one polysiloxane compound having the formula (III) is grafted to said at least one polymer (P) through reaction of at least a fraction of the -CH=CH2 moiety of monomer (M) with the H-Si moiety of the polysiloxane compound having the formula (III) (claims 16 & 29); from 80.0 % by moles to 99.0 % by moles of the recurring units of the polymer (P) are EQ units (claim 17); wherein from 0.5 % by moles to 6.0 % by moles or from 0.5 % by moles to 5.0 % by moles, or from 0.5 % by moles to 4.0 % by moles, or from 1.0 % by moles to 4.0 % by moles, or from 1.0 % by moles to 3.0 % by moles of the recurring units of the polymer (P) are PO units (claim 18); wherein from 1.2 % by moles to 4.0 % by moles, or from 1.5 % by moles to 3.5 % by moles, or from 1.5 % by moles to 3.0 % by moles of the recurring units of the polymer (P) are recurring units derived from the monomer (M) of general formula (I) or of general formula (II) wherein R1, R2, n and X are as defined in claim 16 (claim 19); wherein the monomer (M) is of formula (II)
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formula (II) wherein each of R1 and R2, equal to or different from each other and at each occurrence, is a C
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alkanediyl and n is an integer 0 or 1 (claim 20); wherein each of R3,R4, and R7, equal to or different from each other and at each occurrence, is independently C1_6 alkyl; each of Rs and R6, equal to or different from each other and at each occurrence, is independently selected from C1_4 alkyl or phenyl, wherein said C1_4 alkyl is optionally substituted with one or more substituents selected from halide, C1_4 alkyl, and CF3; m is an integer of at least 5 and at most 1000 (claim 21); wherein the polysiloxane compound having formula (III) is grafted to polymer (P) through reaction of at least 10% and at most 90% by moles of the-CH=CH2 moiety of monomer (M) with the H-Si moiety of the polysiloxane compound having the formula (III) (claim 22); wherein the weight ratio of the polymer electrolyte to the positive electrode active material is between 5% and 50% (claim 23).
Kerr teaches that it is well known in the art to employ: i. at least one polyether polymer [hereinafter polymer (P)], said polymer (P) derived from at least one monomer [hereafter, monomer (M)] of general formula (I) or of general formula (II):
formula (I)
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or
formula (II)
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wherein - each of R1 and R2, equal to or different from each other and at each occurrence, is C1_6 alkanediyl wherein said C1-6 alkanediyl, is optionally substituted with one or more substituents selected from halide, C1_4 alkyl, C3_6 cycloalkyl, CF3, OR8, and wherein each of Rs, equal to or different from each other and at each occurrence, is independently selected from the group consisting of hydrogen and C1_4 alkyl; n is an integer 0 or 1 or 2; - each of X is a leaving group selected from the group consisting of halide,trifluoromethanesulfonate, nonafluorobutanesulfonate, p-toluenesulfonate and methanesulfonate; and ii. at least one polysiloxane compound (
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reactant; Fig. 2; claim 16) having the formula (III):
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formula (III) wherein - each of R3, R4, Rs, R6 and R7, equal to or different from each other and at each occurrence, is independently selected from the group consisting of C1_6 alkyl, C3_6 cycloalkyl, aryl, C1_6 alkoxy, heterocyclyl, wherein said C1_6 alkyl, C3_6 cycloalkyl, aryl, C1_6 alkoxy, and heterocyclyl are optionally substituted with one or more substituents selected from halide, C1_4 alkyl, C3_6 cycloalkyl, CF3, and OR9, and wherein each of R9, equal to or different from each other and at each occurrence, is independently selected from the group consisting of hydrogen, C1_4 alkyl, and an hydroxyl protecting group,- and wherein said at least one polysiloxane compound having the formula (III) is grafted to said at least one polymer (P) through reaction of at least a fraction of the -CH=CH2 moiety of monomer (M) with the H-Si moiety of the polysiloxane compound having the formula (III) (
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; Fig. 3; claims 16 & 29); wherein the monomer (M) is of formula (II)
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formula (II) wherein each of R1 and R2, equal to or different from each other and at each occurrence, is a C
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alkanediyl and n is an integer 0 or 1 (
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reactant; Fig. 2; claim 20); wherein each of R3,R4, and R7, equal to or different from each other and at each occurrence, is independently C1_6 alkyl; each of Rs and R6, equal to or different from each other and at each occurrence, is independently selected from C1_4 alkyl or phenyl, wherein said C1_4 alkyl is optionally substituted with one or more substituents selected from halide, C1_4 alkyl, and CF3; Fig. 3; claim 21); wherein the polysiloxane compound having formula (III) is grafted to polymer (P) through reaction of at least 10% and at most 90% by moles of the-CH=CH2 moiety of monomer (M) with the H-Si moiety of the polysiloxane compound having the formula (III) (
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; Fig. 3; claim 22).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the polymer electrolyte formed from reactants
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&
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of Kerr in the positive electrode of ANANI, in order to provide polymer electrolytes with improved conductivity, of 10.sup.-4 S cm.sup.-1 at room temperature for lithium rechargeable batteries. See Kerr [0003]. The reliance on Kerr is the resulting polymer electrolyte, as the reactant requirements are product-by- process limitations. “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Therefore, so long as the product of the prior art is the same as that of the claims, the limitations are satisfied. Here, the resulting polymer electrolyte is necessarily present. With respect to m being an integer of at least 3; it would have been obvious in the polymer electrolyte of Kerr in view of ANANI to repeat monomers to improve thermal & electrochemical stability. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.). With respect to at least one polyether polymer [hereinafter polymer (P)], said polymer (P) comprising:- at least 70.0 % by moles of oxyethylene units (EO);- from 0.0 to 10.0 % by moles of oxypropylene units (PO); and - from 1.00 to 4.0 % by moles of recurring units derived from at least one monomer [hereafter, monomer (M)] of general formula (I) or of general formula (II): ; it would have been obvious in the polymer electrolyte of Kerr in view of ANANI in order to provide polymer electrolytes with improved conductivity, and thermal & electrochemical stability. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to from 80.0 % by moles to 99.0 % by moles of the recurring units of the polymer (P) are EQ units (claim 17); it would have been obvious in the polymer electrolyte of Kerr in view of ANANI in order to provide polymer electrolytes with improved conductivity, and thermal & electrochemical stability. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to wherein from 0.5 % by moles to 6.0 % by moles or from 0.5 % by moles to 5.0 % by moles, or from 0.5 % by moles to 4.0 % by moles, or from 1.0 % by moles to 4.0 % by moles, or from 1.0 % by moles to 3.0 % by moles of the recurring units of the polymer (P) are PO units (claim 18) ; it would have been obvious in the polymer electrolyte of Kerr in view of ANANI in order to provide polymer electrolytes with improved conductivity, and thermal & electrochemical stability. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to wherein from 1.2 % by moles to 4.0 % by moles, or from 1.5 % by moles to 3.5 % by moles, or from 1.5 % by moles to 3.0 % by moles of the recurring units of the polymer (P) are recurring units derived from the monomer (M) of general formula (I) or of general formula (II) wherein R1, R2, n and X are as defined in claim 16 (claim 19); it would have been obvious in the polymer electrolyte of Kerr in view of ANANI in order to provide polymer electrolytes with improved conductivity, and thermal & electrochemical stability. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to m is an integer of at least 5 and at most 1000 (claim 21); it would have been obvious in the polymer electrolyte of Kerr in view of ANANI to repeat monomers to improve thermal & electrochemical stability. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
With respect to the weight ratio of the polymer electrolyte to the positive electrode active material is between 5% and 50% (claim 23); it would have been obvious in the polymer electrolyte of Kerr in view of ANANI, in order to increase ion conductivity of the polymer electrolyte. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. YAMASHITA EP-3633775-A1 teaches LiNi.sub.aCo.sub.bMn.sub.cM.sup.1.sub.xO.sub.2 ... (I)
wherein M.sup.1 denotes one or more elements selected from the group consisting of Mg, Ti, Nb, Fe, Cr, Si, Al, Ga, V, Zn, Cu, Sr, Mo, Zr, Sn, Ta, W, La, Ce, Pb, Bi and Ge; and a, b, c and x are numbers satisfying 0.3 ≤ a < 1, 0 < b ≤ 0.7, 0 < c ≤ 0.7, 0 ≤ x ≤ 0.3 and 3a + 3b + 3c + (a valence of M.sup.1) × x = 3,See teaching claim 1.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Monique Wills whose telephone number is (571) 272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723