DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 10-15, 17, and 21-30 are pending. Claims 2-9, 16, and 18-20 have been canceled.
Claim Objections
Claims 11 and 30 are objected to because of the following informalities:
The limitation “fluoroeythylene carbonate comprises” in claim 11 should be amended to recite “fluoroeythylene carbonate constitutes”.
The limitation “organic solvent comprises” in claim 30 should be amended to recite “organic solvent constitutes”.
Appropriate correction is required.
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.
Claims 1, 10, 14, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Tooyama et al. (US 2007/0160906) in view of Liao et al. (CN 109935887A, with attached machine translation).
With regard to claims 1, 10, 14, and 25, Tooyama et al. teach a lithium secondary battery comprising a cathode and an anode facing each other through the intermediary of a separator, and a non-aqueous electrolyte. The cathode comprises LiaNixMnyCozO2 and has Li2MnO3 included in the cathode active material (par.0088).
Li2MnO3 is a “lithium- and manganese-rich oxide” in claim 1, as defined in par.0039 of the specification of the instant application.
Tooyama et al. teach that the non-aqueous electrolyte comprises a lithium salt and organic solvent (par.0084), but fail to teach the electrolyte in claim 1 of the instant application.
Liao et al. teach a lithium-ion battery comprising an electrolyte which includes a lithium salt, a non-aqueous solvent and an electrolyte additive, wherein the electrolyte additive includes fluoroethylene carbonate and acrylonitrile (abstract, par.0026). The electrolyte can be used together with a lithium nickel cobalt manganese oxide cathode active material to prolong the life of the battery (abstract).
LiaNixMnyCozO2 of Tooyama et al. is a lithium nickel cobalt manganese oxide cathode active material.
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use the non-aqueous electrolyte of Liao et al. in the lithium secondary battery of Tooyama et al., in order to prolong the life of the battery.
Liao et al. further teach that the non-aqueous electrolyte comprises ethylene carbonate (EC), ethyl methyl carbonate (EMC), diethyl carbonate (DEC), LiFSI and LiPF6, and a mixture of fluoroethylene carbonate (FEC), propylene sulfite (PS), acrylonitrile (AN), and 1,3-propane sultone (PTS) (abstract, Example 1 in par.0054-0066).
LiPF6 is “an inorganic lithium salt” in claim 1, and meets the limitations of claims 14 and 25.
Acrylonitrile meets the limitations for “a mononitrile” in claim 1.
Liao et al. teach that the non-aqueous electrolyte comprises acrylonitrile in an amount of 1wt% (par.0065), which is within the range in claim 10.
Claims 1, 10-15, 17, 21, 23-25, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno et al. (US 2015/0050564) in view of Kawashima (JP 2009-123499A, with attached machine translation).
With regard to claims 1 and 10, Mizuno et al. teach a secondary battery comprising a positive electrode including a positive electrode active material, a negative electrode including a negative electrode active material, and an electrolytic solution including a fluorine-containing cyclic carbonate (abstract).
The positive electrode active material may be Li2MnO3 (par.0023), which is a “lithium- and manganese-rich oxide” in claim 1, as defined in par.0039 of the specification of the instant application.
Mizuno et al. further teach that the electrolytic solution preferably comprises fluoroethylene carbonate, organic solvents, and a lithium inorganic salt (par.0059, par.0063-0066).
Mizuno et al. fail to teach that the electrolytic solution comprises a nitrile additive.
Kawashima teaches an electrolyte composition capable of suppressing battery expansion, enhancing the first charge discharge efficiency, maintaining the discharge capacity in repeated charge-discharge cycles (abstract, par.0006). The electrolyte comprises an unsaturated nitrile, such as acrylonitrile or 7,7,8,8-tetracyanoquinodimethane which form a protective film on the surface of the electrode active materials and suppress the decomposition of the solvent. By including an unsaturated nitrile in an amount of 0.01-0.5% by mass in the electrolyte it is possible to improve the initial charge-discharge efficiency and maintain the discharge capacity after repeated charge-discharge cycles (par.0025, par.0029-0030).
Kawashima teaches that the electrolyte may further comprise fluoroethylene carbonate (par.0035).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include acrylonitrile or 7,7,8,8-tetracyanoquinodimethane in an amount of 0.01-0.5% by mass in the electrolyte of Mizuno et al., in order to improve the initial charge-discharge efficiency and maintain the discharge capacity after repeated charge-discharge cycles of the battery.
The amount of 0.01-0.5% by mass is within the range in claim 10 of the instant application.
With regard to claim 11, Mizuno et al. teach that the fluoroethylene carbonate may represent 1-40% by volume of organic solvent in the electrolyte solution (par.0062). It would be expected that the amount of fluoroethylene carbonate at least overlaps the claimed range.
With regard to claim 12, the electrolyte of Mizuno modified by Kawashima comprises acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (see par.0030 of Kawashima).
The specification of the instant application teaches that during the cycling of the battery the nitrile additive decomposes and forms an interphase layer on surface of the electroactive material of the positive electrode that isolates the electroactive material from physical contact with the electrolyte (par.0015). The nitrile additive may be acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (par.0006 and par.0012).
Absent a record to the contrary, it is expected that during the cycling of the battery acrylonitrile or 7,7,8,8-tetracyanoquinodimethane of Mizuno modified by Kawashima decomposes and forms an interphase layer on surface of the electroactive material of the positive electrode that isolates the electroactive material from physical contact with the electrolyte.
"[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999) (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY)
With regard to claim 13, the electrolyte of Mizuno modified by Kawashima comprises acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (see par.0030 of Kawashima).
The specification of the instant application teaches that during the cycling of the battery the nitrile additive decomposes and forms an interphase layer on surface of the electroactive material of the positive electrode. The interphase layer comprises an imino-functional organic compound, a cyano-functional organic compound, or a combination thereof (par.0020-0021). The nitrile additive may be acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (par.0006 and par.0012).
Absent a record to the contrary, it is expected that during the charging of the battery acrylonitrile or 7,7,8,8-tetracyanoquinodimethane of Mizuno modified by Kawashima forms an interphase layer on surface of the electroactive material of the positive electrode and the interphase layer comprises an imino-functional organic compound, a cyano-functional organic compound, or a combination thereof (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
With regard to claim 14, Mizuno et al. teach that the lithium inorganic salt may be LiPF6 (par.0066).
With regard to claim 15, Mizuno et al. teach a secondary battery comprising a positive electrode including a positive electrode active material, a negative electrode including a negative electrode active material, and an electrolytic solution including a fluorine-containing cyclic carbonate (abstract).
The positive electrode active material may be Li2MnO3 (par.0023), which is a “lithium- and manganese-rich oxide” in claim 15, as defined in par.0039 of the specification of the instant application.
The negative electrode active material may be a mixture of silicon oxide and massive artificial graphite (par.0073).
Mizuno et al. further teach that the electrolytic solution preferably comprises fluoroethylene carbonate, organic solvents, and a lithium inorganic salt (par.0059, par.0063-0066).
Mizuno et al. fail to teach that the electrolytic solution comprises a nitrile additive.
Kawashima teaches an electrolyte composition capable of suppressing battery expansion, enhancing the first charge discharge efficiency, maintaining the discharge capacity in repeated charge-discharge cycles (abstract, par.0006). The electrolyte comprises an unsaturated nitrile, such as acrylonitrile or 7,7,8,8-tetracyanoquinodimethane which form a protective film on the surface of the electrode active materials and suppress the decomposition of the solvent. By including an unsaturated nitrile in an amount of 0.01-0.5% by mass in the electrolyte it is possible to improve the initial charge-discharge efficiency and maintain the discharge capacity after repeated charge-discharge cycles (par.0025, par.0029-0030).
Kawashima teaches that the electrolyte may further comprise fluoroethylene carbonate (par.0035).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to include acrylonitrile or 7,7,8,8-tetracyanoquinodimethane in an amount of 0.01-0.5% by mass in the electrolyte of Mizuno et al., in order to improve the initial charge-discharge efficiency and maintain the discharge capacity after repeated charge-discharge cycles of the battery.
With regard to claim 17, the electrolyte of Mizuno modified by Kawashima comprises acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (see par.0030 of Kawashima).
The specification of the instant application teaches that during the cycling of the battery the nitrile additive decomposes and forms an interphase layer on surface of the electroactive material of the positive electrode that isolates the electroactive material from physical contact with the electrolyte (par.0015). The nitrile additive may decompose and form a second interphase layer on the electroactive material of the anode (par.0020). The nitrile additive may be acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (par.0006 and par.0012).
Absent a record to the contrary, it is expected that during the cycling of the battery succinonitrile of Mizuno modified by Kawashima acrylonitrile or 7,7,8,8-tetracyanoquinodimethane decomposes and forms an interphase layer on surface of the electroactive material of the positive electrode that isolates the electroactive material from physical contact with the electrolyte, and an interphase on the electroactive material of the negative electrode (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
The specification of the instant application teaches that an electrochemical oxidation of the nitrile may occur at the positive electrode during the charging of the battery. A first interphase layer is formed on the positive electrode active material and the first interphase layer comprises LiF (par.0020-0022). The nitrile additive may be acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (par.0006 and par.0012).
Absent a record to the contrary, it is expected that during the charging of the battery acrylonitrile or 7,7,8,8-tetracyanoquinodimethane of Mizuno modified by Kawashima undergoes electrochemical oxidation at the positive electrode and forms an interphase layer comprising LiF on surface of the electroactive material of the positive electrode (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
The specification of the instant application teaches that the electrochemical reduction of the nitrile additive may occur at the negative electrode during the charge of the battery and the second interphase layer may comprise by-products of the electrochemical reduction of the nitrile additive (par.0023). The nitrile additive may be acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (par.0006 and par.0012).
Absent a record to the contrary, it is expected that during the charging of the battery acrylonitrile or ,77,8,8-tetracyanoquinodimethane of Mizuno modified by Kawashima undergoes electrochemical reduction and decomposes and forms an interphase layer on surface of the electroactive material of the negative electrode and the interphase layer may comprise by-products of the electrochemical reduction of acrylonitrile or 7,7,8,8-tetracyanoquinodimethane (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
With regard to claims 21, 23, 25 and 27, Kawashima teaches acrylonitrile or 7,7,8,8-tetracyanoquinodimethane as electrolyte additives(par.0030).
With regard to claim 24, Mizuno et al. teach that the lithium inorganic salt may be LiPF6 (par.0066) and the organic solvent may comprise diethyl carbonate (DEC)(par.0064).
Allowable Subject Matter
Claims 22, 26, 28 and 29 are 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 any intervening claims.
Tooyama et al. (US 2007/0160906) and Mizuno et al. (US 2015/0050564) fail to teach the batteries in claims 22, 26, and 28.
There are no prior art teachings that would motivate one of ordinary skill to modify Tooyama et al. or Mizuno et al. and obtain the batteries in claims 22, 26, and 28 of the instant application.
Claim 30 would be allowable if rewritten or amended to overcome the objections set forth in this Office action.
Response to Arguments
Applicant’s arguments with respect to claims 1, 10-15, 17, and 21-30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The examiner would like to note that:
-the objection to claim 5 is moot after the cancelation of the claim;
-the rejection of claims 1, 10, and 14 under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (CN 109786833A, with machine translation made of record on March 03, 2026) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claim 11 under 35 U.S.C. 103 as being unpatentable over Yang et al. (CN 109786833A, with machine translation made of record on March 03, 2026) is withdrawn after the applicant’s amendment to claim 1;
-the rejection of claims 1, 4, 5, 10, and 12-20 under 35 U.S.C. 103 as being unpatentable over Yoon et al. (EP 3 041 077 A1) in view of Jung et al. (US 2008/0248397) is withdrawn after the applicant’s amendment to claims 1 and 15; and
-the rejection of claims 1-7, 10, and 14 under 35 U.S.C. 103 as being unpatentable over Kinoshita et al. (EP 3 764 451 A1) is withdrawn after the applicant’s amendment to claim 1.
However, new grounds of rejection for claims 1, 10-15, 17, 21, 23-25, and 27 are shown in paragraphs 4-6 above.
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 1.136(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 1.17(a)) pursuant to 37 CFR 1.136(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.
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/ANCA EOFF/Primary Examiner, Art Unit 1722
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