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 .
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.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hiasa (US 2022/0045369 A1).
Regarding claims 1 and 2, Hiasa discloses a secondary battery (title) with electrolytic solutions including aqueous solvent ([0059]) and metal ions, including potassium ion ([0017]), which reads on aqueous potassium ion secondary battery as claimed in claim 2. Hiasa teaches the positive electrode material may be LiNi0.33Co0.33Mn0.33O2, inter alia ([0053]), which anticipates the formula for the claimed positive electrode active material.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Hiasa as applied to claims 1 and 2 above, and further in view of Suyama (US 2019/0386346 A1).
Regarding claims 3-5, Hiasa teaches an aqueous potassium ion secondary battery with an aqueous electrolyte, as discussed above. Hiasa also teaches the pH of the positive electrode electrolytic solution is preferably from 3 to 8 ([0069]), which does overlap the claimed range.
Hiasa does not teach the electrolyte solution contains potassium pyrophosphate at a concentration of 2.0 mol/kg or greater or 5.0 mol/kg or greater.
However, Suyama discloses an aqueous potassium-ion battery (title) and teaches dissolving potassium pyrophosphate at a concentration of no less than 2 mol and no more than 7 mol per kg of water ([0034]), which reads on the claimed ranges. Suyama also teaches a preferable range for the pH of the aqueous electrolyte solution is 7-12, which overlaps the claimed range.
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, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05(I).
It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to use the aqueous electrolyte solution with the dissolved potassium pyrophosphate, as taught by Suyama, in the battery of Hiasa so that electrolysis of the aqueous electrolyte solution is suppressed (Suyama, [0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL H. LEE whose telephone number is (571)272-2548. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 5712705038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DANIEL H. LEE
Primary Examiner
Art Unit 1746
/DANIEL H LEE/Primary Examiner, Art Unit 1746