DETAILED OFFICIAL 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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published application US 2024/0234813 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Response to Amendments and Arguments
Applicant’s amendments and Remarks filed on 9 June 2026 in response to the Non-Final Rejection dated 9 March 2026 have been entered and fully considered, respectively. Claim 2 has been canceled, claims 1, 8, and 19 have been amended, and claims 19-20 remain withdrawn. As such, claims 1 and 3-18 remain pending and under consideration on the merits.
Applicant requests withdrawal of the objection to claim 8 previously set forth in the Non-Final Rejection.
The objection to claim 8 previously set forth is withdrawn due to the present claim amendments, and the Examiner thanks Applicant for correction of the issue.
Applicant’s arguments on Pages 12-15 of the Remarks, directed to the rejection of claim 1 under 35 U.S.C. 103 as obvious over Kim in view of Šantić, have been fully considered.
Applicant's arguments are moot, as the 35 U.S.C. 103 rejection over Kim in view of Šantić previously set forth is overcome and hereby withdrawn as a result of the amendments to claim 1.
New grounds of rejection are set forth below, necessitated by the amendments to the claims and made in view of newly cited prior art identified as a result of additional search and consideration completed by the undersigned Examiner.
Claim Objections
Claim 9 is objected to because of the following informalities:
Regarding claim 9, “…Formulas 17,18, or a combination thereof” constitutes improper grammar, as there is no space between the comma and “18”, which hinders the readability of the claim. In order to overcome the objection, the following amendment is respectfully suggested:
“…Formulas 17, 18, or a combination thereof.”
Regarding claim 9, “Formula 18” constitutes inconsistent claim language as “Formula 18” represents five different formulas, which hinders the readability of the claim. In order to overcome the objection, the following amendment is respectfully suggested: “Formulas 18.”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 3-16 are rejected under 35 U.S.C. 103 as being unpatentable over Gwon et al. (US 2021/0249655 A1; “Gwon”), in view of Šantić et al. (RSC Adv., 2020, 10: 17070-17078, cited to in previous action and copy provided previously; “Šantić”).
Regarding claim 1, Gwon discloses a positive electrode (a positive electrode) [0037] for an all-solid battery with lithium ion mobility (a solid lithium battery) [0036-0037, 0061, 0104] comprising a composite solid electrolyte [0037-0038, 0064] made up of a solid electrolyte layer (a solid electrolyte layer) [0043, 0069-0080, 0103]. The positive electrode further comprises positive active material (a positive active material) [0066-0068, 0081, 0084-0092], which is impregnated with a liquid electrolyte/positive electrode electrolyte (a catholyte impregnated into the positive active material) [0037, 0048-0049, 0067, 0084]. Additionally, the liquid electrolyte is disposed between a positive electrode and the solid electrolyte layer (disposed on a surface of the positive active material adjacent to the solid electrolyte layer) [0037-0038, 0054].
The liquid electrolyte may comprise an ionic liquid (an ionic liquid) [0055-0060], a lithium salt (a lithium salt) [0055-0056, 0061], and an organic solvent [0055-0056, 0062-0064]. The lithium salt is, inter alia Li(FSO2)2N [0061], and at a concentration between 0.1 M to 2 M [0061], of which overlaps with the claimed range, about 0.5 moles per liter to about 1.5 moles per liter, thereby rendering the range obvious (MPEP 2144.05(I)).
Gwon is silent regarding the liquid electrolyte/positive electrode electrolyte comprising a compound represented by claimed Formula 1 (see Applicant’s Claim 1), is a gel, and is liquid at a temperature of 80 °C or greater.
Šantić is directed to (S,S)-bis(amino alcohol)oxamides as low-molecular weight gelators (LMWGs) for use with ionic liquids (ILs) in advanced electrochemical material applications [Abstract and Introduction]. Šantić teaches the gelator is, inter alia (S,S)-bis(phenylalaninol)oxamide [Table 1, Gelator 2], and the ionic liquids contain different cations (imidazolium/pyrrolidinium) and anions (tetrafluoroborate/bis(trifluoromethylsulfonyl)imide), including, inter alia 1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide (1-methyl-1-butylpyrrolidinium bis(fluoromethanesulfonyl)imide) [Abstract, Page 17071, Table 1]. Further, Šantić teaches use of (S,S)-bis(phenylalaninol)oxamide in an amount of 3 wt% [page 17074], allows for unrestricted ionic transport thereby resulting in high ionic conductivity, and that (S,S)-bis(phenylalaninol)oxamide was the most effective gelator, in terms of gelation propensity [Pages 17071-17072]. Šantić teaches, generally, that oxamide-based gelators are very efficient gelators for various ionic liquids including applications regarding advanced electrochemical materials and that their gelation ability is the result of strong and directional intermolecular hydrogen bonding provided by oxamide units and the lack of a plane of symmetry due to the presence of two chiral centers of identical configuration, which is known to favor aggregation and prevent crystallization thereby promoting high ionic conductivity. Additionally, amino alcohol substituent groups have a strong influence on the gelation process and behavior [pages 17070 and 17072].
Gwon and Šantić each constitute prior art which is directly analogous to the claimed invention – a catholyte composition for a solid lithium battery. In view of the combined disclosures and teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the liquid electrolyte/positive electrode electrolyte of Gwon by adding the oxamide-based low-molecular weight Gelator 2 of Šantić in an amount of 3 wt%, in order to have increased the gelation efficiency of the ionic liquid in a biocompatible and environmentally-friendly manner [Šantić, Pages 17070-17071, Conclusions section], and/or because Gelator 2 would have been readily recognized as a suitable low-molecular weight polymer for the intended use as a gelation agent for ionic liquids in electrochemical applications [Šantić, Conclusions section] (see MPEP 2144.07), wherein all ionic liquids of Šantić that are used in combination with Gelator 2 are encompassed within the ionic liquids of Gwon, therefore use of this gelator would have resulted in a reasonable expectation of success.
In accordance with the aforesaid modification, the liquid electrolyte/positive electrode electrolyte of modified Gwon would have comprised 1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide as the ionic liquid, Li(FSO2)2N as the lithium salt in a concentration between 0.1-2 M, and (S,S)-bis(phenylalaninol)oxamide in an amount of 3 wt%. The (S,S)-bis(phenylalaninol)oxamide gelator reads on the claimed Formula 1, and the carbon atoms in (S,S)-bis(phenylalaninol)oxamide meets the limitations of the claimed Formula 1 carbon atom ranges.
In view of the modification set forth above in ¶12-13, the liquid electrolyte/positive electrode electrolyte of modified Gwon is substantially identical or identical to the claimed and disclosed catholyte in Applicant's specification in terms of comprising:
0.1-2 M of Li(FSO2)2N as the lithium salt, of which overlaps with the claimed and disclosed lithium salt concentration and corresponds with the disclosed salt species [Claim 1, Applicant’s Specification ¶0057-0058, 0178],
1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide as the ionic liquid, of which corresponds with the claimed ionic liquid element and disclosed ionic liquid species [Claim 1, Applicant’s Specification ¶0074],
((S,S)-bis(phenylalaninol)oxalyl amide) as a gelling agent, of which was the most effective gelator in the studies conducted by Šantić, and of which corresponds with the claimed and disclosed compound represented by Formula 1 [Claim 1, Applicant’s Specification ¶0044-0045, 0051-0053, 0178].
Furthermore, Applicant’s specification discloses that when a catholyte includes a compound represented by a compound of Formulas 1 to 10, or a combination thereof, the catholyte may have a gel state at a temperature below 80 °C, and a liquid state at a temperature of 80 °C or greater [Applicant’s Specification ¶0053].
Given that the liquid electrolyte/positive electrode electrolyte of modified Gwon is substantially identical or identical to the claimed and disclosed current collector in terms of the foregoing elements (a)-(d), it stands to reason, and there is a strong and reasonable expectation, that liquid electrolyte/positive electrode electrolyte of modified Gwon would have necessarily been a liquid at a temperature of 80 °C or greater as claimed, due to the presence of each of the components (a)-(c), wherein Applicant’s specification indicates with element (d) that components (a)-(c) are the only requisites for the catholyte to be a liquid at 80 °C, absent a showing of factually supported objective evidence to the contrary. See MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I). "Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established”. The prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed products. In re Best, 195 USPQ 430, 433 (CCPA 1977), In re Spada, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
Regarding claim 3, the rejection of claim 1 above reads on the positive electrode defined by claim 3. The gelator of modified Gwon is (S,S)-bis(phenylalaninol)oxamide [Šantić, Table 1, Page 17072, Gelator 2], of which reads on the claimed Formula 1 and Formula 2, and the carbon atoms in (S,S)-bis(phenylalaninol)oxamide meet the limitations of the claimed Formula 2 carbon atom ranges.
Regarding claim 4, the rejection of claim 1 above reads on the positive electrode defined by claim 4. The gelator of modified Gwon is (S,S)-bis(phenylalaninol)oxamide [Šantić, Table 1, Gelator 2], of which reads on the claimed compound represented by Formula 3.
Regarding claim 5, the rejection of claim 1 above reads on the positive electrode defined by claim 5. The gelator of modified Gwon, (S,S)-bis(phenylalaninol)oxamide [Šantić, Table 1, Gelator 2], is in an amount 3 wt% [Šantić, pages 17071 and 17074], of which is within the claimed weight percent, about 2 weight percent to about 10 weight percent, with respect to a total weight of the catholyte, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 6, the rejection of claim 1 above reads on the positive electrode defined by claim 6. The lithium salt of modified Gwon is, inter alia Li(FSO2)2N (LiN(SO2F)2) [Gwon, 0061].
Regarding claim 7, the rejection of claim 1 above reads on the positive electrode defined by claim 7. The concentration of the lithium salt of modified Gwon is between 0.1 M to 2 M [Gwon, 0061], of which encompasses the claimed range, about 0.3 moles per liter to about 1.2 moles per liter, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 8, the rejection of claim 1 above reads on the positive electrode defined by claim 8. The ionic liquid of modified Gwon is, inter alia 1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide [Gwon, 0058-0060; Šantić, Abstract, Page 17071, Table 1], of which reads on the claimed compound represented by Formula 16 and includes an anion (see MPEP 2144.07).
Regarding claim 9, the rejection of claim 1 above reads on the positive electrode defined by claim 9. The ionic liquid of modified Gwon is, inter alia 1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide [Gwon, 0058-0060; Šantić, Abstract, Page 17071, Table 1], of which reads on the claimed compound represented by Formula 18 and includes an anion, wherein the carbon atoms in 1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide meet the limitations of the claimed Formula 18 carbon atom ranges.
Regarding claim 10, in view of the rejection of claim 8 above, the anion of the ionic liquid is (CF3SO2)2N- (the anion comprises… (CF3SO2)2N-) [Gwon, 0058-0060; Šantić, Abstract, Page 17071, Table 1].
Regarding claim 11, the rejection of claim 1 above reads on the positive electrode defined by claim 11. The ionic liquid of modified Gwon is, inter alia 1-butyl-1-methyl-pyrrolidinium bis(trifluoro-methylsulfonyl)imide (1-methyl-1-butylpyrrolidinium bis(fluoromethanesulfonyl)imide)) [Gwon, 0058-0060; Šantić, Abstract, Page 17071, Table 1] (see MPEP 2144.07).
Regarding claim 12, in view of the rejection of claim 1 above, modified Gwon teaches that the liquid electrolyte/positive electrode electrolyte does not include an oligomer having a molecular weight of 1,000 Daltons or greater (the catholyte is free of an oligomer, a polymer, or a combination thereof, having a molecular weight of 1,000 Daltons or greater) [Gwon, 0055-0064].
Regarding claim 13, the rejection of claim 1 above is incorporated herein by reference, not repeated for sake of brevity. Modified Gwon teaches an all-solid battery with lithium ion mobility (a solid lithium battery) [Gwon, 0036-0037, 0061, 0069, 0104] comprising the positive electrode according to the rejection of claim 1 above, a negative electrode (a negative electrode) [Gwon, 0014, 0069, 0081, 0084], and a solid electrolyte layer/composite solid electrolyte (the electrolyte layer comprises a solid electrolyte) disposed therebetween (an electrolyte layer arranged between the positive electrode and the negative electrode) [Gwon, 0014, 0069, 0084, 0103].
Regarding claim 14, in view of the rejection of claim 13 above, modified Gwon further teaches that the composite solid electrolyte may have dense membrane properties of liquid impermeableness (the electrolyte layer is liquid impermeable) [Gwon, 0122].
Regarding claim 15, in view of the rejection of claim 13 above, modified Gwon further teaches that the solid electrolyte of the composite solid electrolyte is, inter alia an oxide-based solid electrolyte (an oxide-based solid electrolyte) [Gwon, 0070-0071], wherein the oxide-based solid electrolyte includes, inter alia lithium phosphorus oxynitride (LiPON) (the oxide-based solid electrolyte comprises lithium phosphorus oxynitride) [Gwon, 0074-0075], of which may be amorphous (the oxide-based solid electrolyte is… amorphous) [Gwon, 0128]. A thickness of the solid electrolyte is between 10-500 nm [Gwon, 0043], of which overlaps with the claimed thickness range, 100 micrometers or less, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 16, in view of the rejection of claim 13 above, modified Gwon further teaches that the negative electrode comprises a lithium metal, a lithium alloy, or a combination thereof [Gwon, 0096-0101, wherein a lithium metal negative electrode is exemplified [Gwon, 0149], thereby reading on the negative electrode comprises lithium metal, a lithium alloy, or a combination thereof, as claimed. A thickness of the negative electrode [Gwon, element 20, 0084, 0138-0140, FIG. 1] is smaller than a thickness of the positive electrode (a thickness of the negative electrode is smaller than a thickness of the positive electrode) [Gwon, element 10, 0084, 0138-0140, FIG. 1].
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gwon in view of Šantić as applied to claim 13 under 35 U.S.C. 103 above, further in view of Kim et al. (US 2019/0044186 A1, cited to in previous action; “Kim”).
Regarding claim 17, Gwon in view of Šantić (hereinafter “modified Gwon”) teaches the solid lithium battery set forth above in the rejection of claim 13.
Modified Gwon remains silent regarding further comprising an interlayer arranged between the negative electrode and the electrolyte layer, wherein a thickness of the interlayer is smaller than a thickness of the electrolyte layer or a thickness of the positive electrode.
Kim is directed towards a positive electrode [0053, 0112] for an all solid lithium battery [0112, 0114]. Kim teaches an interlayer [element 22b, 0117, 0124-0125, FIG. 8] between a lithium metal negative electrode and a solid electrolyte [0117, 0124-0125, FIG. 8] wherein the thickness of the interlayer is smaller than the thickness of the solid electrolyte, as well as, is smaller than the thickness of the positive electrode [0124, FIG. 8].
Gwon, Šantić, and Kim each constitute prior art which is directly analogous to the claimed invention – a catholyte composition for a solid lithium battery. In view of the combined disclosures and teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solid lithium battery of modified Gwon to add the interlayer of Kim between the negative electrode and the solid electrolyte layer, where the thickness of the interlayer is smaller than the thickness of the solid electrolyte, as well as, is smaller than the thickness of the positive electrode, in order to -increase adhesion between the negative electrode and the solid electrolyte layer, or to protect the negative electrode [Kim, 0117].
In accordance with the aforesaid modification, the solid lithium battery of modified Gwon would have an interlayer between the negative electrode and the solid electrolyte layer (an interlayer arranged between the negative electrode and the electrolyte layer), wherein the thickness of the interlayer is smaller than the thickness of the solid electrolyte, as well as, is smaller than the thickness of the positive electrode (a thickness of the interlayer is smaller than a thickness of the electrolyte layer or a thickness of the positive electrode).
Regarding claim 18, in view of the rejection of claim 17 above, Gwon in view of Šantić and Kim further teaches that the interlayer may comprise, inter alia aluminum oxide (a metal-based material) [Kim, 0117-0118, 0124-0125] and poly(ethylene oxide) (a binder) [Kim, 0118-0120].
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Park et al., US 2017/0170534 A1 – teaches a gel electrolyte being impregnated into the cathode at a temperature of 120 °C [0143].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR l.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR l.17(a)) pursuant to 37 CFR l.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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