18274289Notice 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/26/23 has been considered by the examiner.
Claims Analysis/Interpretation
At least claim 1 recites “for a lithium-ion secondary battery wherein a negative electrode active material in a negative electrode includes at least one of a Si-based negative electrode active material including Si as a component…or a graphite-based carbon negative electrode active material”, which has not been given patentable weight. Claims 1-6 are directed towards “a nonaqueous electrolyte” and only limitations related to the nonaqueous electrolyte will be given patentable weight.
Claim 3 recites “and/or” in line 4 which is interpreted as “or” by the Examiner.
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.
Claim 6-7 is 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.
Claim 6 recites the high-molecular-weight organic compound “includes a copolymer compound of a polymerizable unsaturated monomer”, which is indefinite. The structure of the high-molecular-weight organic compound is unclear as the claim does not clearly recite the copolymer structure. Specifically, a copolymer results from a reaction of two different monomers and the claim recites only a single monomer. Furthermore, it is unclear if the copolymer comprises a “unsaturated” portion as the polymerization of the monomer is not distinctly claimed.
Claim 7 recites the limitation "a negative electrode" in line 2. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests “the negative electrode”.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh et al., US 2019/0058216 A1.
Regarding at least claims 1-2, Oh teaches an electrolyte for a lithium secondary battery and a lithium secondary battery including the same, and particularly, to an electrolyte for a lithium secondary battery, which includes a lithium salt (electrolyte), an organic solvent (nonaqueous solvent/cyclic carbonate), and an oligomer represented by Formula 1 (high-molecular-weight organic compound) (abstract).
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The oligomer has hydrophilic and hydrophobic functional groups [0050] and a weight-average molecular weight (Mw) in a range of about 1,000 g/mol to about 100,000 g/mol, particularly 1,000 g/mol to 50,000 g/mol, and more particularly 2,000 g/mol to 7,000 g/mol. In a case in which the weight-average molecular weight of the oligomer is within the above range, a polymer matrix may be effectively formed by the appropriate molecular weight of the oligomer. In addition, since it is easy to substitute various functional groups as needed, various performance improvement effects may be obtained [0104].
As the organic solvent, an ether-based solvent, an ester-based solvent, or an amide-based solvent may be used alone or in mixture of two or more thereof [0075-0082]. The ester based solvent may include a cyclic carbonate compound such as EC, FEC or a mixture of EC and FEC [0077]. Table 1 of Oh teaches specific combinations of solvents such as EC(cyclic carbonate):EMC(nonaqueous solvent). See at least [0073-0075] of Oh regarding the lithium salt (electrolyte).
Regarding claim 3, the electrolyte may include fluoroethylene carbonate (FEC) as an additive, the additive included in an amount of 7 wt % or less, for example, 0.01 wt % to 5 wt % based on the total weight of the electrolyte for a lithium secondary battery to prevent a side reaction and an increase in resistance due to the excessive amount of the additive used [0126].
Regarding claim 4, the oligomer represented by Formula 1 may be included in an amount of 0.5 wt % to 20 wt %, particularly 0.5 wt % to 15 wt %, and more particularly 0.5 wt % to 10 wt % based on a total weight of the electrolyte for a lithium secondary battery [0039; 0102].
Regarding claim 5, the oligomer contains a fluorine-substituted ethylene group as a hydrophobic portion as well as an acrylate-based functional group (contains a carboxyl group) as a hydrophilic portion capable of forming a crosslink at both ends by itself, it acts as a surfactant in the battery to maintain a balanced affinity to each of the positive electrode, the negative electrode, and the separator (SRS layer), and thus, it may reduce interfacial resistance. Therefore, the electrolyte for a lithium secondary battery including the oligomer represented by Formula 1 may have a more improved wetting effect [0085].
Regarding claim 6, the oligomer contains a polymerizable unsaturated monomer structural portion wherein a carbon-carbon double bond is present:
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Note a oligomer is a molecule that includes multiple repeating units derived from monomers.
Regarding claim 7, the lithium secondary battery including a negative electrode, a positive electrode, a separator disposed between the negative electrode and the positive electrode, and the electrolyte for a lithium secondary battery [0047-0048]. The negative electrode [0147-0157] may comprise a negative electrode active material such as graphite-based carbon material [0150] or a Si-based material [0153].
Thus, the claims are anticipated.
*
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue, WO 2018/150567.
Regarding at least claim 1-3, Inoue teaches an electrolyte for a lithium ion secondary battery, said electrolyte containing: 0.5-3 weight% of a (meth)acrylic resin having at least one type of functional group selected from an oxetane group and an epoxy group; and 1-6 weight% of a polyfunctional monomer having two or more of at least one type of functional group selected from an oxetane group and an epoxy group (abstract).
The weight average molecular weight of the crosslinkable polymer is not particularly limited, but is preferably 100,000 or more, preferably 1,000,000 or less, more preferably 500,000 or less. When the weight average molecular weight of the crosslinkable polymer is 100,000 or more, it is easy to form a gel. When the weight average molecular weight is 1,000,000 or less, the viscosity of the pregel electrolyte is prevented from excessively increasing, and the electrolyte has excellent impregnation properties. The (meth) acrylic resin as the crosslinkable polymer is preferably, for example, a polymer of (meth) acrylate containing an oxetane group or an epoxy group, or a copolymer with another monomer copolymerizable therewith. Examples of other copolymerizable monomers include acrylic acid esters or derivatives thereof, methacrylic acid esters or derivatives thereof, and acrylonitrile or derivatives thereof. In the case of a copolymer, it may be a block copolymer or a random copolymer (under “Crosslinkable polymer” heading; [0019+]).
The electrolyte solution of Inoue further contains a nonaqueous solvent (including a cyclic carbonate), a supporting salt (electrolyte), and the like in addition to the crosslinkable polymer and the crosslinking agent. The nonaqueous solvent is preferably includes a cyclic carbonate [0058-0069]. The examples of Inoue teach an electrolyte dissolved in a nonaqueous solvent including ethylene carbonate (EC) and diethylene carbonate (DEC) mixed at a volume ratio of 3:7. Inoue teaches fluorine derivative of cyclic carbonates such as monofluoroethylene carbonate (FEC) may be used for the nonaqueous solvent.
Regarding claim 4, the content of the crosslinkable polymer in the electrolytic solution is preferably 0.5% by weight or more, more preferably 1% by weight or more, and preferably 3% by weight or less, more preferably 2% by weight or less based on the total weight of the electrolytic solution [0031;0054].
Regarding at least claims 5-6, Inoue discloses an electrolyte for a lithium ion secondary battery, said electrolyte containing a copolymer having a repeating unit represented by formula 1, in which an oxyalkylene group X and an aromatic functional group A are bonded in the form -X-A as a side chain of an organic group having a polymerized polymerizable functional group Z₁, and a repeating unit represented by formula 2, in which a highly polar functional group Y is bonded as a side chain of an organic group having a polymerized polymerizable functional group Z₂ (paragraphs [0022]-[0025]); Inoue presents an example in which 2-vinylnaphthalene (0.4 mol, 61.6 g) and diethylene glycol monomethyl methacrylate (0.6 mol, 113 g) were added to dimethyl carbonate serving as a solvent, a polymerization initiator was further added thereto, and the product was heated, after which the solvent was eliminated and reprecipitation was performed to produce a copolymer A; and indicates that 0.2 wt% of this copolymer A was dissolved in an electrolyte containing LiPF₆ as an electrolytic salt in a solvent containing EC/DMC/EMC at a volume ratio of 1:1:1 in order to configure a battery comprising a negative electrode that contains graphite (paragraphs [0086]-[0097]). Given that the 2-vinylnaphthalene (0.4 mol, 61.6 g) and the diethylene glycol monomethyl methacrylate (0.6 mol, 113 g) used as the abovementioned repeating units are included in the electrolyte as polymers, it is found that the weight-average molecular weight of the polymer A is 1,000 or higher, and the concentration of the polar functional group is at least 0.1 mmol/g or higher.
Regarding claim 7, the battery includes an electrode assembly including a negative electrode, a positive electrode, a separator and the nonaqueous electrolyte disclosed by Inoue. The negative electrode includes a graphite-based carbon negative electrode active material. See the examples of Inoue.
Thus, the claims are anticipated.
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) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al., US 2019/0058216 A1.
See discussion of Oh above regarding at least claim 1.
Regarding claim 5, the oligomer contains a fluorine-substituted ethylene group as a hydrophobic portion as well as an acrylate-based functional group (contains a carboxyl group) as a hydrophilic portion capable of forming a crosslink at both ends by itself, it acts as a surfactant in the battery to maintain a balanced affinity to each of the positive electrode, the negative electrode, and the separator (SRS layer), and thus, it may reduce interfacial resistance. Therefore, the electrolyte for a lithium secondary battery including the oligomer represented by Formula 1 may have a more improved wetting effect [0085]. Oh does not explicitly state the functional group is in an amount of 0.1 mmol/g or higher based on the weight of the oligomer. However, Formula 1 of Oh at least suggests the amount of the functional group is greater than 0.1 mmol/g of the oligomer. In addition, since it is easy to substitute various functional groups as needed, various performance improvement effects may be obtained [0104]. Therefore, the invention as a whole would have been obvious to one having ordinary skill in the art at the time of filing the invention because one of skill in the art would have been motivated to vary the substitution of the various functional groups to improve the performance effects (i.e., wetting effect) of the lithium secondary battery. Furthermore, the oligomer structural formulas of Oh at least suggests the amount of the functional group is greater than 0.1 mmol/g.
Regarding claim 6, to the extent the claim is understood in view of the 35 USC 112 rejections above, Oh appears to teach the high-molecular-weight organic compound (oligomer) includes a copolymer compound of a polymerizable unsaturated monomer as indicated by at least Formula 1. The oligomer contains a polymerizable unsaturated monomer structural portion wherein a carbon-carbon double bond is present:
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Note a oligomer is a molecule that includes multiple repeating units derived from monomers. See also Formula 1a-1 of Oh. Furthermore, claim 6 appears to recite a product-by-process limitation. Product-by-process limitations, in the absence of unexpected results, are not given patentable weight. See MPEP 2113. The polymerizable unsaturated monomer is only given patentable weight to the extent it imparts structure to the claimed high-molecular-weight organic compound. It is unclear what structure is imparted to the claimed compound by the claimed monomer.
Conclusion
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/TRACY M DOVE/ Primary Examiner, Art Unit 1725