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 .
Status of Claims and Other Notes
Claims 1–15 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0378542 A1.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 07 August 2023, 26 November 2024, and 10 December 2024 were filed before the mailing of a first Office Action on the merits. The submissions comply with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: PREPARATION METHOD FOR LITHIUM BIS(FLUOROSULFONYL)IMIDE INCLUDING MULTIPLE AMMONIA SOURCE ADDITONS, ELECTROLYTIC SOLUTION AND SECONDARY BATTERY.
Claim Interpretation
Claims 13 and 14 recite the limitation "the lithium bis(fluorosulfonyl)imide is prepared by the method according to claim 1." Even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses the method according to claim 1 produces simple operation, mild reaction conditions, and easy removal of impurity ions (e.g., [0037]). However, the method does not produce a structural difference in the lithium bis(fluorosulfonyl)imide. The limitation " the lithium bis(fluorosulfonyl)imide is prepared by the method according to claim 1" defines the material as lithium bis(fluorosulfonyl)imide. Therefore, claims 13 and 14 may be unpatentable even though the lithium bis(fluorosulfonyl)imide is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitations "wherein in step (1), temperature of the reaction is -10° C. to 50° C., optionally 5° C. to 35° C.; and time of the reaction is 2 h to 8 h." It is unclear if the phrase "wherein in the step (1)" applies to the immediately adjacent limitation (i.e., temperature of the reaction is -10° C. to 50° C., optionally 5° C. to 35° C.) or all the limitations that follow (i.e., temperature of the reaction is -10° C. to 50° C., optionally 5° C. to 35° C.; and time of the reaction is 2 h to 8 h).
Claim 5 recites the limitation "time of the reaction is 2 h to 8 h." Claim 1, which claim 5 is directly dependent, recites the limitations "(1) … finally adding SO2X2 and a remaining ammonia source simultaneously for reaction" and "(3) adding a lithium source to the purified salt (SO2F-NH-SO2F)·A of the bis(fluorosulfonyl)imide and the absorbent A obtained in step (2) for reaction." It is unclear if "the reaction" recited in claim 5 is further limiting "reaction" of (1) or "reaction" of (3) recited in claim 1.
Claim 10 recites the limitations "wherein in step (3), temperature of the reaction is 15° C. to 40° C.; and time of the reaction is 0.5 h to 6 h." It is unclear if the phrase "wherein in the step (3)" applies to the immediately adjacent limitation (i.e., temperature of the reaction is 15° C. to 40° C.) or all the limitations that follow (i.e., temperature of the reaction is 15° C. to 40° C.; and time of the reaction is 0.5 h to 6 h).
Claim 10 recites the limitation "time of the reaction is 0.5 h to 6 h." Claim 1, which claim 10 is directly dependent, recites the limitations "(1) … finally adding SO2X2 and a remaining ammonia source simultaneously for reaction" and "(3) adding a lithium source to the purified salt (SO2F-NH-SO2F)·A of the bis(fluorosulfonyl)imide and the absorbent A obtained in step (2) for reaction." It is unclear if "the reaction" recited in claim 10 is further limiting "reaction" of (1) or "reaction" of (3) recited in claim 1.
Claim Rejections - 35 USC § 102
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 13–15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sato et al. (US 2012/0041233 A1, hereinafter Sato).
Regarding claim 13, Sato discloses a lithium bis(fluorosulfonyl)imide (see LiFSI, [0109]).
Sato does not explicitly disclose:
wherein the lithium bis(fluorosulfonyl)imide is prepared by the method according to claim 1.
Regarding claim 14, Sato discloses an electrolytic solution comprising lithium bis(fluorosulfonyl)imide (see LiFSI, [0109]).
Sato does not explicitly disclose:
wherein the lithium bis(fluorosulfonyl)imide is the lithium bis(fluorosulfonyl)imide prepared by the method according to claim 1.
Regarding claim 15, Sato discloses a secondary battery comprising an electrolytic solution comprising lithium bis(fluorosulfonyl)imide (see LiFSI, [0109]).
Sato does not explicitly disclose:
wherein the lithium bis(fluorosulfonyl)imide is the lithium bis(fluorosulfonyl)imide prepared by the method according to claim 1.
Claim 13–15 recite the limitation "the lithium bis(fluorosulfonyl)imide is prepared by the method according to claim 1." Even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses the method according to claim 1 produces simple operation, mild reaction conditions, and easy removal of impurity ions (e.g., [0037]). However, the method does not produce a structural difference in the lithium bis(fluorosulfonyl)imide. The limitation " the lithium bis(fluorosulfonyl)imide is prepared by the method according to claim 1" defines the material as lithium bis(fluorosulfonyl)imide. Therefore, claims 13–15 may be unpatentable even though the lithium bis(fluorosulfonyl)imide of Sato is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
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 1–12 are rejected under 35 U.S.C. 103 as being unpatentable over Morinaka et al. (US 2012/0020867 A1, hereinafter Morinaka) in view of Dong et al. (CN 110217764 A, hereinafter Dong).
Regarding claims 1 and 2, Morinaka a method for preparing lithium bis(fluorosulfonyl)imide, comprising:
(1) adding an organic solvent and an absorbent A to a reaction kettle (see autoclave, [0097]),
finally adding SO2X2 and a remaining ammonia source simultaneously for reaction, to obtain a solution of a salt (SO2F-NH-SO2F)·A containing bis(fluorosulfonyl)imide and the absorbent A (see bisfluorosulfonylimide pyridine salt, [0097]),
wherein X is independently fluorine or chlorine in the SO2X2 (see sulfuryl fluoride, [0097]);
(2) performing filtration, concentration and washing on the solution obtained in step (1) to obtain a purified salt (SO2F-NH-SO2F)·A of the bis(fluorosulfonyl)imide and the absorbent A (see bisfluorosulfonylimide pyridine salt, [0097]);
(3) adding a lithium source to the purified salt (SO2F-NH-SO2F)·A of the bis(fluorosulfonyl)imide and the absorbent A obtained in step (2) for reaction to obtain a solution containing lithium bis(fluorosulfonyl)imide (see lithium bisfluorosulfonylimide, [0098]); and
(4) performing dehydration, concentration, crystallization with a non-aqueous poor solvent, and drying on the solution obtained in step (3) to obtain the lithium bis(fluorosulfonyl)imide (see lithium bisfluorosulfonylimide, [0098]).
Morinaka does not explicitly disclose:
then adding part of an ammonia source; and
wherein in step (1), a mass of the part of the ammonia source accounts for 3%-10% of a total mass of the ammonia source.
Dong discloses a method for preparing lithium bis(fluorosulfonyl)imide, comprising (1) adding an organic solvent and an absorbent A to a reaction kettle (see flask, [0049]), then adding part of an ammonia source (see ammonia solution, [0049]); finally adding SO2X2 and a remaining ammonia source simultaneously for reaction (see SO2F2, [0049]), to obtain a solution of a salt (SO2F-NH-SO2F)·A containing bis(fluorosulfonyl)imide and the absorbent A (see difluorosulfonimide triethylamine salt, [0049]) to improve purity, reduce material requirements, and shorten reaction times (see bisfluorosulfonimide salt, [0013]). Morinaka and Dong are analogous because they are directed to methods for preparing lithium bis(fluorosulfonyl)imide . Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium bis(fluorosulfonyl)imide of Morinaka with the ammonia source addition steps of Dong in order to improve purity, reduce material requirements, and shorten reaction times.
Regarding claim 2, while Dong teaches a part of the ammonia source and a remaining ammonia source, the reference does not explicitly disclose a mass of the part of the ammonia source accounts for 3%-10% of a total mass of the ammonia source. However, the routine experimental modification of a mass of the part of the ammonia source done in order to ascertain the highest yield of the disclosed method fails to render applicant's claims patentable in the absence of unexpected results. See In re Aller, 105 USPQ 233 and MPEP 2144.05. At the time of the invention a person having ordinary skill in the art would have found it obvious to optimize a mass of the part of the ammonia source accounts for 3%-10% of a total mass of the ammonia source in the method of Dong and would have been motivated to do so in order to increase the yield of the method as evidenced by Dong (see liquid addition too fast will produce a large amount of insoluble acetonitrile by-product, [0049]). A prima facie case of obviousness may be rebutted, however, where the results of the optimizing variable, which is known to be result-effective, are unexpectedly good. See In re Boesch and Slaney, 205 USPQ 215.
Regarding claim 3, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein a molar ratio of the SO2X2 (see sulfuryl fluoride, [0097]) to the ammonia source is (greater than 2 to less than or equal to 3):1 in step (1) (see anhydrous ammonia, [0097]).
Regarding claim 4, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein a molar ratio of the absorbent A (see pyridine, [0097]) to the ammonia source is (1-5):1 in step (1) (see anhydrous ammonia, [0097]).
Regarding claim 5, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein in step (1), temperature of the reaction is -10° C to 50° C (see 5°C, [0097]); and
Morinaka does not explicitly disclose:
time of the reaction is 2 h to 8 h.
Dong discloses a method for preparing lithium bis(fluorosulfonyl)imide, comprising reacting to obtain a solution of a salt (SO2F-NH-SO2F)·A containing bis(fluorosulfonyl)imide and the absorbent A for a time of is 2 h to 8 h (see two hours, [0049]) to improve purity, reduce material requirements, and shorten reaction times (see bisfluorosulfonimide salt, [0013]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium bis(fluorosulfonyl)imide of modified Morinaka with the reaction time for step (1) of Dong in order to improve purity, reduce material requirements, and shorten reaction times.
Regarding claim 6, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein the ammonia source is one or more of ammonia gas, fluorinated amine, sulfonamide, sulfamic acid and difluorinated amine in step (1) (see anhydrous ammonia, [0097]).
Regarding claim 7, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein the absorbent A is one or more of pyridine, picoline, N-methylpyrrolidone, imidazole, trimethylamine, triethylamine, tri-n-propylamine, tri-n-butylamine and diisopropylethylamine in step (1) (see pyridine, [0097]).
Regarding claim 8, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein the organic solvent is one or more of acetonitrile, propionitrile, isopropionitrile, diethyl ether, propyl ether, isopropyl ether, tetrahydrofuran, acetone, butanone, methyl isobutyl ketone and methyl pyrrolidone in step (1) (see acetonitrile, [0097]).
Regarding claim 9, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein the lithium source is one or more of lithium hydroxide, lithium carbonate, lithium nitride, lithium oxide and lithium hydride in step (3) (see lithium hydroxide, [0097]).
Regarding claim 10, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein in step (3), temperature of the reaction is 15° C. to 40° C. (see room temperature, [0098]); and
time of the reaction is 0.5 h to 6 h in step (3) (see one hour, [0098]).
Regarding claim 11, modified Morinaka discloses all the claim limitations as set forth above and further discloses a method:
wherein the concentration comprises reduced-pressure distillation, falling film evaporation or scraper evaporation in step (2) and step (4) (see distilled, [0096]; see distilled, [0097]).
Regarding claim 12, modified Morinaka discloses all the claim limitations as set forth above, but does not explicitly disclose a method:
wherein the poor solvent is one or more of C1-C8 alkanes, benzene, toluene, xylene, dichloromethane, dichloroethane, trichloroethane, tetrachloroethane and carbon tetrachloride.
Dong discloses a method for preparing lithium bis(fluorosulfonyl)imide, comprising crystallizing with a non-aqueous poor solvent (see post-treatment, [0026]), wherein the poor solvent is one or more of C1-C8 alkanes, benzene, toluene, xylene, dichloromethane, dichloroethane, trichloroethane, tetrachloroethane and carbon tetrachloride (see post-treatment, [0027]) to improve purity, reduce material requirements, and shorten reaction times (see bisfluorosulfonimide salt, [0013]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the lithium bis(fluorosulfonyl)imide of modified Morinaka with the reaction time for step (1) of Dong in order to improve purity, reduce material requirements, and shorten reaction times.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dong (CN 111517293 A) discloses a method for preparing lithium bis(fluorosulfonyl)imide, comprising (1) adding an organic solvent and an absorbent A to a reaction kettle (see flask, [0094]), then adding part of an ammonia source (see ammonia solution, [0094]); finally adding SO2X2 and a remaining ammonia source simultaneously for reaction (see SO2F2, [0094]), to obtain a solution of a salt (SO2F-NH-SO2F)·A containing bis(fluorosulfonyl)imide and the absorbent A (see difluorosulfonimide triethylamine salt, [0094])
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725