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 .
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 11/29/2023.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 10/12/2023 and 12/05/2024 have been placed in the application file and the information referred to therein has been considered.
Claim Objections
Claim 4 objected to because of the following informalities: A should be expressed in mass %. Appropriate correction is required.
Claim Rejections - 35 USC § 102
(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.
Claims 1, 2, are 4-11, and 13- 20 rejected under 35 U.S.C. 102(a) as being anticipate by CN 106450438 to Fan (Fan, machine translation).
Regarding claim 1, Fan discloses An electrochemical device (a lithium-ion battery, claim 1), comprising a positive electrode plate (claim 10) and an electrolytic solution (claim 1) wherein, the electrolytic solution comprises trimethylphosphate (Formula 1, para 10) as a phosphorus additive (reads on claimed Formula I, wherein R1=R2=CH3O, R3=CH3). In addition, Fan discloses the electrolytic solution containing trimethyl phosphate (5 wt.%), vinylene carbonate (VC) (1 wt. %) and 3 wt.% of fluoroethylene carbonate (FEC) (Example 2, para 42). Since Fan discloses a positive active material as LiNi0.8C 0.15Al0.05O2, wherein Al content is 1.4 mass% (re claim 13), claimed X/A ratio is 0.28 (re claim 10). It is noted that a specific example in the prior art which is within a claimed range anticipates the range. See MPEP 2131.03
Regarding claim 2, Fan discloses compounds 1, 3 and 6 (para 12) .
Regarding claim 4, Fan discloses A=1.4 % wt.
Regarding claims 5, 6 and 7, Fan discloses 1 mass% of adiponitrile (para 54).
Regarding claim 8, Fan discloses 1 mass% of adiponitrile, 3 mass % of FEC and 5 % of cyanomethyl diethyl phosphate (reads on claimed Formula I), i.e. A+C < 5B.
Regarding claim 9, Fan discloses silicon-carbon composite (para 28).
Regarding claim 11, Fan discloses wherein tris(2,2,2-trifluoroethyl) phosphate, used in an amount of 1.0 wt. (para 60).
Regarding claim 14, Fan discloses 3.0 wt.% of FEC.
Regarding claims 15 and 16, Fan discloses wherein A+C=6 (para 54).
Regarding claim 17, Fan discloses adiponitrile (para 54).
Regarding claim 18, Fan discloses X/A ratio is 0.28 (see above).
Regarding claim 19, Fan discloses natural graphite (para 5).
Regarding claim 20, Fan discloses computers and mobile phones (para 4).
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over CN 106450438 to Fan in view of US 20190148775 to Zhang (Zhang).
Regarding claim 3, Fan discloses the invention as discussed above as an applied to claim 1 and incorporated therein. Fan does not expressly disclose phosphorous additives comprising compounds 1 to 24.
Zhang teaches an electrolyte (Abstract) for a lithium-ion battery (para 144) comprising carbon coated silicon anode, wherein and electrolyte solution comprises fluoroethylene carbonate, and vinylene carbonate(para 118). In addition, Zhang teaches that the electrolyte solution contains phosphorus additives such as dimethyl methylphosphonate and diethyl ethylphosphonate (Claim 6, reads on claimed compounds 14 and 15). Taking into account that the electrolyte solution of Fan is substantially similar to that of Zhang, it would have been obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte solution of Fan with dimethyl methylphosphonate and/or diethyl ethylphosphonate as taught by Zhang, because the use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious and would provide electrolyte solution for stable cycling. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.).
Allowable Subject Matter
Claim 12 is 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER USYATINSKY whose telephone number is (571)270-7703. The examiner can normally be reached IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Alexander Usyatinsky/ Primary Examiner, Art Unit 1751
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