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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/14/23 is considered by the examiner.
Drawings
The drawings submitted on 8/14/23 has been considered.
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 2 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. Specifically, the claim limitation “a mass ratio …is 1/3 or more and 50 or less,” is unclear. The Applicant have not given a ratio or a proportion for comparison of the first component relative to the second component; the range of 1/3 or more and 50 or less cannot be a ratio. Appropriate corrections or further clarification are required.
Claim 8 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. Specifically, the claims are to a non-aqueous electrolyte, however, the claim limitations include battery components which is not part of the non-aqueous electrolyte. Appropriate corrections are required.
As best understood of claim 8, please see the rejections below.
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.
Claim(s) 1, 3, 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US Publication 20170018803) in view of Mosallanejad (Phthalimide Derivatives: New Promising Additives for Functional Electrolyte in Lithium-Ion Batteries) in further view of Ehrlich (US Patent 6,203,949).
Regarding claims 1, 5, 6, 8, the Wang et al. reference discloses a lithium battery comprising a positive electrode, a negative electrode, and a non-aqueous electrolyte, wherein, the positive electrode comprises an electrode mixture including manganese dioxide (P29 and P37). The non-aqueous electrolyte comprises additive which includes an isocyanate compound with a concentration of 5 mass% or less (P23). The Wang discloses LiPF6 salt in non-aqueous electrolyte comprising ethylene carbonate and propylene carbonate but does not explicitly disclose a phthalimide compound. However, Mosallanejad reference discloses a phthalimide to be a new promising additive for lithium batteries to be candidates for SEI-forming additives protecting the anode in systems utilizing ethylene carbonate and propylene carbonate and LiPF6 salt electrolytes. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate phthalimide additive to protect the anode by forming SEI film disclosed by the Mosallanejad reference for the battery system utilizing ethylene carbonate and propylene carbonate with LiPF6 electrolytes in order to sustain battery component functions without compromising the anode and potentially short circuiting the battery.
In addition, the Wang reference discloses the negative electrode includes carbon but does not explicitly teach metal lithium, however, Ehrich reference discloses the conventional anode materials are carbon and lithium. That is, substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. KSR v. Teleflex
Furthermore, the Wang in view of Mosallanejad in further view of Ehrlich (herein referred to as modified Wang reference) discloses a lithium ion battery but is silent in disclosing a primary battery, however, it is noted that the claim limitation “primary” is “intended use” language and it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Regarding claim 3, the Wang reference discloses the isocyanate compound includes isocyanate group comprising C1-C2 aromatic hydrocarbon group.
Regarding claim 7, the modified Wang reference discloses at least one of cyclic imide compound but silent on phthalic acid ester. However, since the claim recites multiple compounds in an alternative manner. Thus as long as one of the compounds are disclosed by the prior art such as cyclic imide compound. It is unnecessary to address the rest of the claimed limitations such as phthalic acid ester
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US Publication 20170018803) in view of Mosallanejad (Phthalimide Derivatives: New Promising Additives for Functional Electrolyte in Lithium-Ion Batteries) in further view of Ehrlich (US Patent 6,203,949) in furthest view of Jiang (CN101826635).
Regarding claim 4, the modified Wang reference discloses the claimed invention above and further incorporated herein. The modified Wang reference discloses phenyl isocyanate but does not explicitly disclose the isocyanate compound includes at least one selected from the group consisting of hexyl isocyanate, hexamethylene diisocyanate, 1,3-bis(isocyanatomethyl) cyclohexane, and isophorone diisocyanate. However, the Jiang reference discloses that the same electrolytes as that of the modified Wang reference. The Jiang reference discloses the electrolytes can comprise additives to modify the electrolyte, specifically, electrolyte stabilizing additives to stabilize the electrolyte at battery operating temperature. The electrolyte stabilizing additives include phenyl isocyanate and hexamethylene isocyanate (P71; claimed hexamethylene diisocyanate). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate hexamethylene isocyanate for teachings of phenyl isocyanate for stabilizing the electrolyte disclosed by the Jiang reference for the phenyl isocyanate in the same electrolyte disclosed by the modified Wang reference for battery stability at operating temperatures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN OI CONLEY whose telephone number is (571)272-5162. The examiner can normally be reached 8:30 am - 5:00 pm.
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/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752