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 .
Election/Restrictions
Applicant’s election without traverse of Groups I, claims 1-9 and Species 1, Structural Formula 1 in the reply filed on 5/28/26 is acknowledged.
Claims 4, 5, and 10-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and invention, there being no allowable generic or linking claim.
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.
Claims 1, 2, and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chu (CN 103078140 A).
Regarding claims 1 and 2, Chu discloses a lithium salt, a non-aqueous solvent, and a triazine structure of Formulas 1, 2, or 3 (paragraph 19) which encompass the instant Formula 2.
Regarding claim 6, Chu discloses that the additive is 0.1-7% of the electrolyte (claim 5).
Regarding claim 7, Chu discloses VC and FEC (paragraph 4) and PS (paragraph 8).
Regarding claim 8, Chu discloses LiPF6, LiBF4, Li(CF3SO2)2N, LiCF3SO3, and LiClO4 (paragraph 29).
Regarding claim 9, Chu discloses EC, PC, and DEC (paragraph 38).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and only the elected species.
The following is a statement of reasons for the indication of allowable subject matter: Structural Formula 1 has not been found in the context of an electrolyte composition. Cited US Patent 5,563,014 encompasses Structural Formula 1 in claim 11 but not in the context of batteries. It is important to note that only Structural Formula 1 is considered allowable as Structural Formulas 2-6 are distinct and unelected. Formula 1 of claim 1—on which they are all considered generic—is not a necessary limitation of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725
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