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 selection without traverse of invention I (claims 1-13) in the reply filed on 01/13/2026 is acknowledged.
Claim 14-20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/13/2026.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 8 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuwajima et al. (US 20220328879 A1).
With regards to claim 1, Kuwajima teaches a battery cell (¶ 0021) comprising: C cathode electrodes comprising a cathode current collector and a cathode active material layer (¶ 0476). Kuwajima teaches a positive electrode which reads C being an integer greater than zero. Kuwajima also teaches A anode electrodes comprising an anode current collector and an anode active material layer (¶ 0531). Kuwajima teaches a negative electrode which reads on A being an integer greater than zero. Kuwajima teaches S separators (¶ 0558). Kuwajima teaches a separator which reads on S being an integer greater than zero. Kuwajima goes on to teach an electrolyte comprising phosphorus containing aids (¶ 0395 and ¶ 0404). Kuwajima teaches that these phosphorus containing compounds include tris(2,2,2- trifluoroethyl) phosphate (TFEP) and a TFEP derivative such as bis(2,2,2-trifluoroethyl)methyl phosphate (¶ 0404).
With regards to claim 2, Kuwajima teaches the battery cell of claim 1, wherein the electrolyte further comprises lithium hexafluorophosphate (LiPF6) (¶ 0224 - ¶ 0225).
With regards to claim 3, Kuwajima teaches the battery cell of claim 2, wherein the LiPF6 comprises 0.5 molar LiPF6 (¶ 0236).
With regards to claim 4, Kuwajima teaches the battery cell of claim 2, wherein the electrolyte further comprises fluoroethylene carbonate (FEC) (¶ 0105). Kuwajima teaches that the electrolyte comprises a solvent that may include a fluorinated cyclic carbonate such as FEC (¶ 0041 - ¶ 0044 and ¶ 0105).
With regards to claim 5, Kuwajima teaches the battery cell of claim 4, wherein the electrolyte further comprises diethyl carbonate (DEC) (¶ 0110). Kuwajima teaches that the electrolyte comprises a solvent that may include a non-fluorinated chain carbonate such as DEC (¶ 0041 - ¶ 0043 and ¶ 0110).
With regards to claim 8, Kuwajima teaches the battery cell of claim 1, wherein the TFEP derivative includes phosphate with one or more linear fluorinated side groups (¶ 0404; bis(2,2,2-trifluoroethyl)methyl phosphate).
With regards to claim 10, Kuwajima teaches the battery cell of claim 1, wherein the anode active material layer comprises graphite and one or more materials selected from a group consisting of silicon , silicon/carbon composite, silicon oxide, and lithium silicon oxide (¶ 0533 and ¶ 0536 - ¶ 0538).
With regards to claim 11, Kuwajima teaches the battery cell of claim 10, wherein the C cathode electrodes have an operating voltage greater than 4.2V (¶ 0494; 4.4V or higher).
With regards to claim 12, Kuwajima teaches the battery cell of claim 1, wherein the cathode active material layer includes one or more materials selected from a group consisting of lithium and manganese-rich (LMR) particles and lithium nickel manganese oxide (LNMO) particles (¶ 0477 - ¶ 0492).
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 6-7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwajima et al. (US 20220328879 A1) as applied to claim 1 and 5 above.
With regards to claim 6, Kuwajima teaches the battery cell of claim 5. Kuwajima teaches that the electrolyte comprises a solvent comprises FEC in a concentration of 5% to 90% of the solvent (¶ 0108 and ¶ 0105). This overlaps with the claimed FEC concentration of 50% to 10% (1:1 to 1:9).In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)
With regards to claim 7, Kuwajima teaches the battery cell of claim 1, wherein the electrolyte comprises 0.01wt% to 5wt% of the at least one of TFEP and the TFEP derivative which overlaps with the claimed range of 0.5wt% to 2.5wt% (¶0408). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
With regards to claim 13, Kuwajima teaches the battery cell of claim 1, wherein the electrolyte further comprises LiPO2F2, (¶ 0462 and ¶ 0464). Kuwajima teaches that the LiPO2F2 is 0.001wt% to 20wt% of the electrolyte, which overlaps with the claimed range of 0.5wt% to 1.5wt% (¶ 0467).In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwajima et al. (US 20220328879 A1) as applied to claim 8 above and in further view of Schmitz et al. (US 20190067734 A1).
With regards to claim 9, Kuwajima teaches the battery cell of claim 8. Kuwajima does not specifically teach that the one or more linear fluorinated side groups include one or more materials selected from a group consisting of tris(2,2,3,3,3-pentafluoropropyl)phosphate, bis(2,2,2-trifluoroethyl) methyl phosphonate, and methyl P,P-bis(2,2,2 trifluoroethyl)phosphonoacetate.
In a similar field of endeavor, Schmitz teaches a similar battery cell comprising organic phosphorous additives (¶0063). Similar to Kuwajima, Schmitz teaches tris(2,2,2-trifluoroethyl)phosphate as an additive (¶ 0064). Schmitz goes on to teach more organic phosphorus additives such as bis(2,2,2-trifluoroethyl) methyl phosphonate which overlaps with one of the claimed linear fluorinated side groups (¶ 0064). The bis(2,2,2-trifluoroethyl) methyl phosphonate additive taught by Schmitz inherently reads on the TFEP derivative including the bis(2,2,2-trifluoroethyl) methyl phosphonate side group as the additive comprises this side group. NOTE: Where … the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product. Whether the rejection is based on “inherency” under 35 USC § 102, on “prima facie obviousness” under 35 USC § 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO’s inability to manufacture products or to obtain and compare prior art products. In re Best, 562 F2d 1252, 1255, 195 USPQ 430, 433-4 (CCPA 1977).
Thus, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to substitute the additive taught by Kuwajima with the bis(2,2,2-trifluoroethyl) methyl phosphonate taught by Schmitz as there are no unpredictable results. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Conclusion
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/HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743
/GALEN H HAUTH/Supervisory Patent Examiner, Art Unit 1743