DETAILED OFFICIAL 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
Claims 1-20 are pending and under consideration on the merits.
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published application US 2024/0136687 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Specification
The abstract of the disclosure is objected to for use of the word “disclosed” in the phrase “Disclosed is a battery.” In order to overcome the objection, the following amendment is respectfully suggested: “A battery, comprising a positive electrode plate…” A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Specification
The title is objected to because of the following informality: 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 respectfully suggested: Termination tape, positive electrode plate, and battery.
Appropriate correction is required.
Claim Objections
Claims 1-2, 4, 15, and 17 are objected to because of the following informalities:
Regarding claim 1, “…an area of a termination tape of the positive electrode plate” constitutes inconsistent antecedent basis relative to it already being introduced earlier in claim 1, which hinders the readability of the claims. In order to overcome the objection, the following amendment is respectfully suggested: “…an area of [[a]] the termination tape of the positive electrode plate.”
Regarding claim 2, “…ranges from 3 cm2 and 120 cm2” constitutes a typographical error, which hinders the readability of the claims. In order to overcome the objection, the following amendment is respectfully suggested: “…ranges from 3 cm2 [[and]] to 120 cm2.”
Regarding claim 4, “a ratio of A to C” constitutes inconsistent antecedent basis relative to it already being introduced in claim 1, of which claim 4 depends upon, which hinders the readability of the claims. In order to overcome the objection, the following amendment is respectfully suggested: “…[[a]] the ratio of A to C.”
Regarding claim 15, “…from at least one of carbonate” constitutes a grammatical error, which hinders the readability of the claims. In order to overcome the objection, the following amendment is respectfully suggested: “…from at least one of a carbonate.”
Regarding claim 17, “…and an chemical formula” constitutes a grammatical error, which hinders the readability of the claims. In order to overcome the objection, the following amendment is respectfully suggested: “…and [[an]] a chemical formula.”
Appropriate correction is required.
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 1-20 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.
Regarding claim 1, the ranges “0.5-5” and “1 to 3” within the phrase “…a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3” render the claim indefinite. The elements “A”, “B2”, and “C” each have different units as defined earlier within claim 1, therefore it is unclear as to how the ratio ranges are unitless. Further, it is unclear as to the difference between citing a range as “0.5-5” and “1 to 3”. For the purposes of examination, claim 1 is interpreted as instead reciting: “…a ratio of A to B2 is in a range of 0.5-to 5 cm2/wt% and a ratio of A to C is in a range of 1 to 3 cm.”
Regarding claim 4, the range “1.6 to 2.2” within the phrase “…a ratio of A to C is in a range of 1.6 to 2.2” renders the claim indefinite. The elements “A” and “C” each have different units as defined within claim 1, of which claim 4 depends upon, therefore it is unclear as to how the ratio range is unitless. For the purposes of examination, claim 4 is interpreted as instead reciting: “…a ratio of A to C is in a range of 1.6 to 2.2 cm.”
Regarding claim 11, the range “2-20” within the phrase “…a ratio of A to B1 is in a range of 2-20” renders the claim indefinite. The elements “A” and “B1” each have different units as defined earlier within claim 11 and within claim 1, of which claim 11 depends upon, therefore it is unclear as to how the ratio range is unitless. Further, it is unclear as to the difference between citing a range as “2-20” rather than “2 to 20” in conformance with the other ranges claimed. For the purposes of examination, claim 11 is interpreted as instead reciting: “…a ratio of A to B1 is in a range of 2-to 20 L·cm2/mol.”
Regarding claim 12, “…wherein the content B1” renders the claim indefinite. The term “the content B1” lacks sufficient antecedent basis, as there is no introduction/recitation of a content B1 in claim 12, nor in claim 1 upon which claim 12 depends on. Therefore, it is unclear which element or feature of claims 12 or 1 is being limited, or is intended to be limited, by the term “the content B1”. For the purposes of examination, claim 12 is interpreted as instead reciting: “The battery according to claim [[1]] 11, wherein the content B1 of the lithium salt...”
Regarding claim 18, the term “x” in the phrase “SiOx/C” renders the claim indefinite. The term “x” in the phrase “SiOx/C” appears to be a variable, however “x” is not defined in the claim. Therefore, it is unclear the meets and bounds of what “x” is defined as. Further, it is unclear as to the difference between citing a range as “1-12” rather than “1 to 12” in conformance with the other ranges claimed. For the purposes of examination, claim 18 is interpreted as instead reciting: “…from graphite or a graphite composite material comprising 1-to 12 wt% [[SiOx/C]] silicon oxide-carbon composite or Si/C...”
Claims 2-20 are indefinite and rejected under 35 U.S.C. 112(b) as they are directly or ultimately dependent upon claim 1 and therefore include, and do not remedy the aforementioned deficiencies.
Appropriate action 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.
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 1-6, 11-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2020/0153047 A1; “Kawai”), in view of Fukui et al. (US 2011/0217577 A1; “Fukui”) and Kang et al. (US 2020/0075928 A1; “Kang”).
Regarding claim 1, Kawai discloses a lithium ion secondary battery (a battery) [0017-0019, 0021], comprising a positive electrode, a negative electrode, a separator disposed therebetween, and a nonaqueous electrolyte (comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator) [0021], wherein an insulating tape of the positive electrode (a termination tape of the positive electrode plate) [element 30, 0031, FIGs. 1-2C] is attached to the ends of positive electrode active material layers (disposed at a paste coating tail of the positive electrode plate) [0031, FIG. 1].
The nonaqueous electrolyte includes one or more of a nonaqueous solvent [0105-0112], of which includes a carbonate-based solvent [0107], a sultone-based solvent [0107], an ester-based solvent, a nitrile-based solvent, or a fluoride [0107]. The carbonate-based solvent may be, inter alia, ethylene carbonate and/or fluoroethylene carbonate [0108], thereby, in totality, reading on a non-aqueous organic solvent and an electrolyte additive, as claimed. The nonaqueous electrolyte additionally includes a lithium salt (a lithium salt) [0113-0114].
Kawai exemplifies a width of the positive electrode is 200 mm [Table 4], of which converts to 20 cm, thereby reading on a width of the positive electrode plate is C cm, as claimed.
Kawai remains silent regarding an area of the insulation tape of the positive electrode is A cm2; using a total weight of the non-aqueous electrolyte solution as a reference, a content of fluoroethylene carbonate is B2 wt%; wherein a ratio of A to B2 is in a range of cm2/wt% and a ratio of A to C is in a range of 1 to 3 cm (see 112(b) claim rejection above for claim interpretation).
Fukui is directed to a lithium secondary battery [0043-0045, 0066, 0103] including resin/adhesive tapes overlapping electrode units [0045, 0055, 0058, 0062, FIGs. 4, 7, 10, and 15]. Fukui exemplifies the adhesive tape has a width of 10 mm and a length of 36 mm, thereby resulting in an area of 360 mm2, of which converts to 36 cm2 [0129, Example 1]. Fukui teaches that if the adhesive tape is too large/long, the proportion of the adhesive tape, which is not involved in charging and discharging, increases in the lithium secondary battery, and thus the capacity of the lithium secondary battery may degrade [0045, 0058]. On the contrary, if the tape is too short, then the tape may not be a sufficient length to adhere or bond to the electrode units [0058].
Kang is directed towards a lithium secondary battery [0004, 0012, 0018, 0020]. Kang teaches a non-aqueous electrolyte solution comprising an electrolyte salt and an organic solvent [0068], wherein fluoroethylene carbonate may be added as an additive to improve battery performances such as initial efficiency and capacity of the battery [0071]. The content of the fluoroethylene carbonate as an additive may be 0.1 to 15 wt% of the non-aqueous electrolyte solution [0071].
Kawai, Fukui, and Kang each constitute prior art which is directly analogous to the claimed invention – ------a battery. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the insulation tape of Kawai such that it has a width of 10 mm and a length of 36 mm, thereby resulting in an area of 36 cm2, in order to sufficiently adherer to the positive electrode and to promote battery capacity [Fukui 0045, 0058]. Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Kawai to add fluoroethylene carbonate in an amount 0.1-15 wt% of the nonaqueous electrolyte solution, in order to improve initial efficiency and capacity of the battery, thereby improving battery performance [Kang, 0071].
In accordance with the aforesaid modifications, the lithium ion secondary battery of Kawai, as modified by Fukui and Kang (hereinafter “Kawai/Fukui/Kang”) would have the insulation tape with an area of 36 cm2 and fluoroethylene carbonate included in the nonaqueous electrolyte in an amount 0.1-15 wt% of the nonaqueous electrolyte solution, thereby reading on an area of the insulation tape of the positive electrode is A cm2; using a total weight of the non-aqueous electrolyte solution as a reference, a content of fluoroethylene carbonate is B2 wt%, as claimed. Through calculation, a ratio of the insulation tape area to the fluoroethylene carbonate content is 2.4-360 cm2/wt% (lower limit calculation:
36
c
m
2
15
w
t
%
, upper limit calculation:
36
c
m
2
0.1
w
t
%
), of which reads on and overlaps with the claimed range, 0.5-5 cm2/wt% (see 112(b) claim rejection above for claim interpretation), thereby rendering the range obvious (MPEP 2144.05(I)). Through calculation, a ratio of the insulation tape area to the width of the positive electrode is 1.8 cm (calculation:
36
c
m
2
20
c
m
), of which reads on and is within the claimed range, 1 to 3 cm (see 112(b) claim rejection above for claim interpretation), thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 2, the rejection of claim 1 above reads on the area A of the termination tape defined by claim 2. In view of the modification set forth above in ¶39, Kawai/Fukui/Kang teaches that the area of the insulation tape is 36 cm2, of which is within the claimed range, 3 cm2 to 120 cm2 (see claim objection above for claim interpretation), thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 3, the rejection of claim 1 above reads on the width C of the positive electrode plate defined by claim 3. The width of the positive electrode is 20 cm [Kawai, Table 4], of which is within the claimed range, 1 cm to 120 cm, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 4, the rejection of claim 1 above reads on the ratio of A to C defined by claim 4. In view of the modification set forth above in ¶39, Kawai/Fukui/Kang teaches that the ratio of the insulation tape area to the width of the positive electrode is 1.8 cm (calculation:
36
c
m
2
20
c
m
), of which is within the claimed range, 1.6 to 2.2 cm (see 112(b) claim rejection above for claim interpretation), thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 5, the rejection of claim 1 above reads on the content B2 of fluoroethylene carbonate defined by claim 5. In view of the modification set forth above in ¶39, Kawai/Fukui/Kang teaches that fluoroethylene carbonate in an amount 0.1-15 wt% of the nonaqueous electrolyte solution, of which overlaps with the claimed range, 5 wt% to 30 wt%, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 6, the rejection of claim 1 above reads on the content B2 of fluoroethylene carbonate defined by claim 6. In view of the modification set forth above in ¶39, Kawai/Fukui/Kang teaches that fluoroethylene carbonate in an amount 0.1-15 wt% of the nonaqueous electrolyte solution, of which overlaps with the claimed range, 5 wt% to 10 wt%, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 11, in view of the rejection of claim 1 above, Kawai/Fukui/Kang further teaches that the lithium salt in the nonaqueous electrolyte is in a content from 0.1-4 mol/L [Kawai, 0113-0114]. In view of the modification set forth above in ¶39, and through calculation, a ratio of the area of the insulating tape to the content of lithium salt is in a range of 9-360 L·cm2/mol (lower limit calculation:
36
c
m
2
4
m
o
l
/
L
, upper limit calculation:
36
c
m
2
0.1
m
o
l
/
L
), of which overlaps with the claimed range, 2-20 L·cm2/mol (see 112(b) claim rejection above for claim interpretation), thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 12, the rejection of claim 11 above reads on the lithium salt content range defined by claim 12. The lithium salt in the nonaqueous electrolyte is in a content from 0.1-4 mol/L [Kawai, 0113-0114], of which overlaps with the claimed content B1 range, 1 mol/L to 6 mol/L, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 13, in view of the rejection of claim 1 above, Kawai/Fukui/Kang further teaches that the sultone-based solvent may be, inter alia propane sultone (another component comprises… 1-propene 1,3-sultone) [0110].
Regarding claim 15, the rejection of claim 1 above reads on the non-aqueous organic solvent defined by claim 15. The nonaqueous electrolyte includes one or more of a nonaqueous solvent [0105-0112], of which is, inter alia a carbonate-based solvent (the non-aqueous organic solvent is… carbonate) [0107-0108].
Regarding claim 16, in view of the rejection of claim 15 above, Kawai/Fukui/Kang further teaches that the carbonate-based solvent is, inter alia ethylene carbonate (the carbonate is… ethylene carbonate) [0108].
Regarding claim 17, in view of the rejection of claim 1 above, Kawai/Fukui/Kang further teaches that the positive electrode comprises a positive electrode current collector [Kawai, 0055-0056] and a positive electrode active material layer provided on at least one side of the positive electrode current collector (the positive electrode plate comprises a positive electrode current collector and a positive electrode active material layer coated on a surface of either or both sides of the positive electrode current collector) [Kawai, 0056]. Furthermore, the positive electrode active material layer contains a positive electrode active material (the positive electrode active material layer comprises a positive electrode active material) [Kawai, 0057-0062], wherein the positive electrode active material is preferably lithium cobalt oxide (the positive electrode active material is… lithium cobalt oxide) [Kawai, 0060].
Regarding claim 18, in view of the rejection of claim 1 above, Kawai/Fukui/Kang further teaches that the negative electrode comprises a negative electrode current collector [Kawai, 0079-0080, 0098] and a negative electrode active material layer provided on at least one side of the negative electrode current collector (the negative electrode plate comprises a negative electrode current collector and a negative electrode active material layer coated on a surface of either or both sides of the negative electrode current collector) [Kawai, 0080]. Furthermore, the negative electrode active material layer contains a negative electrode active material (the negative electrode active material layer comprises a negative electrode active material) [Kawai, 0081-0084], wherein the negative electrode active material is preferably a carbon material, including, inter alia graphite (the negative electrode active material is… graphite) [Kawai, 0083-0084].
Regarding claim 19, in view of the rejection of claim 15 above, Kawai/Fukui/Kang further teaches that the lithium ion secondary battery has a charge cutoff voltage (charge cut-off voltage of the battery) of 4.41V to 4.47V [Kawai, 0019, 0062], of which overlaps with the claimed charge cut-off voltage range, 4.45V or above, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 20, the rejection of claim 1 above reads on the battery defined by claim 20. Kawai/Fukui/Kang teaches the lithium ion secondary battery (a secondary lithium-ion battery) [Kawai, 0017-0019, 0021].
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai in view of Fukui and Kang, as applied above in the rejection of claim 1 under 35 U.S.C. 103, in further view of Kim et al. (US 2014/0120408 A1; “Kim”) and Chu et al. (CN 111234105 A, herein English machine translation is utilized for all citations; “Chu”).
Regarding claim 7, the rejection of claim 1 above is incorporated herein by reference, not repeated for sake of brevity. Kawai/Fukui/Kang teaches the battery set forth above in the rejection of claim 1.
Kawai/Fukui/Kang remains silent regarding the insulation tape comprises a substrate and a rubber termination adhesive layer coated on a surface of the substrate.
However, Kawai/Fukui/Kang does teach that the insulation tape is attached to the ends of the positive electrode active material layers, therefore, it must be made of an adhesive composition.
Kim is directed towards a lithium-ion secondary cell [0036] comprising resin members [element 190, 0043-0044, FIG. 3] on a front edge of the positive-electrode current collector [0044]. The resin members include an electrically insulative base material [0048-0049] made of a single layer or a laminated body with multiple layers stacked and an adhesive material disposed on both surfaces of the base material [0048-0049, 0059, FIG. 3].
Chu is directed towards a vinylene carbonate-modified binder/adhesive composition for a lithium-ion battery [0006, 0028]. Chu exemplifies a vinylene carbonate modified styrene-butadiene rubber emulsion adhesive [0063] having a content of vinylene carbonate at 2 parts by weight, styrene at 30 parts by weight, and butadiene at 70 parts by weight [0062-0063, Example 1].
Kawai, Fukui, Kang, Kim, and Chu each constitute prior art which is directly analogous to the claimed invention – ------a battery. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the insulation tape of Kawai/Fukui/Kang so that the composition comprises an electrically insulative base material with an adhesive material disposed on both surfaces of the base material, like that of Kim, wherein the adhesive material is a vinylene carbonate modified styrene-butadiene rubber emulsion adhesive, comprising 2 parts by weight vinylene carbonate, 30 parts by weight styrene, and 70 parts by weight butadiene, like that of Chu, so that the insulation tape can have electrically insulating characteristics in order to prevent a short circuit at the positive electrode [Kim, 0046, 0048], and so that the bonding performance is enhanced, thereby reducing electrochemical impedance, and increasing cycle performance of the battery [Chu, 0051].
In accordance with the aforesaid modifications the insulation tape of Kawai/Fukui/Kang in further view of Kim and Chu (hereinafter “Kawai/Fukui/Kang/Kim/Chu”) would comprise an electrically insulative base material (a substrate) with an adhesive material disposed on both surfaces of the base material, wherein the adhesive material is a vinylene carbonate modified styrene-butadiene rubber emulsion adhesive (a rubber termination adhesive layer coated on a surface of the substrate), comprising 2 parts by weight vinylene carbonate, 30 parts by weight styrene, and 70 parts by weight butadiene.
Regarding claim 8, the rejection of claim 7 above reads on the rubber termination adhesive layer defined by claim 8. In view of the modification set forth above in ¶61. The adhesive material is a vinylene carbonate modified styrene-butadiene rubber emulsion adhesive (comprises a cross-linked modified rubber; the cross-linked modified rubber is obtained by cross-linking modification of a first base under an action of a first cross-linking agent, and the first base is… styrene-butadiene rubber) [Chu, 0063].
Regarding claim 9, the rejection of claim 8 above reads on the first cross-linking agent defined by claim 8. In view of the modification set forth above in ¶61, the adhesive material is a vinylene carbonate modified styrene-butadiene rubber emulsion adhesive (the first cross-linking agent comprises vinylene carbonate) [Chu, 0063].
Regarding claim 10, in view of the rejection of claim 9 above, the rejection of claim 7 above, incorporated herein by reference (not repeated for sake of brevity), reads on the total weight of the vinylene carbonate defined by claim 10. In view of the modification set forth above in ¶61, the vinylene carbonate modified styrene-butadiene rubber emulsion adhesive has a content of vinylene carbonate at 2 parts by weight, styrene at 30 parts by weight, and butadiene at 70 parts by weight. Through calculation, using a total weight of the vinylene carbonate modified styrene-butadiene rubber emulsion adhesive as a reference (a total weight of the cross-linked modified rubber as a reference), the content of vinylene carbonate is 2 wt% (calculation:
2
p
a
r
t
s
b
y
w
e
i
g
h
t
2
+
30
+
70
p
a
r
t
s
b
y
w
e
i
g
h
t
=
1.96
w
t
%
), of which is within the claimed range, from 0.5 wt% to 5 wt%, thereby rendering the range obvious (MPEP 2144.05(I)).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kawai in view of He, as applied above in the rejection of claim 13 under 35 U.S.C. 103, in further view of Matsui et al. (US 2018/0351212 A1; “Matsui”).
Regarding claim 14, the rejection of claim 13 above is incorporated herein by reference (not repeated for sake of brevity). Kawai/Fukui/Kang teaches the battery set forth above in the rejection of claim 13.
Kawai/Fukui/Kang remains silent regarding using a total weight of the non-aqueous electrolyte solution as a reference, a total content of the propane sultone ranges from 0 wt% to 10 wt%
Matsui is directed towards a lithium-ion secondary battery [0045-0047] with protective tape [elements 50C and 50D, 0174-0177, FIG. 5] covering the end portion of the cathode active material layer [0174, 0176]. Matsui teaches that the lithium-ion secondary battery includes a nonaqueous electrolytic solution [0058, 0125] comprising, inter alia a sulfonic acid ester [0130], wherein the sulfonic acid ester in the nonaqueous electrolytic solution is, inter alia 1,3-propane sultone [0134], and in an amount 0.01-10 wt% [0133].
Kawai, Fukui, Kang, and Matsui each constitute prior art which is directly analogous to the claimed invention – ------a battery. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte of Kawai/Fukui/Kang so that propane sultone is in an amount 0.01-10 wt% in the nonaqueous electrolyte in order to improve chemical stability of the nonaqueous electrolyte [Matsui, 0130].
In accordance with the aforesaid modifications the nonaqueous electrolyte of Kawai/Fukui/Kang in further view of Matsui (hereinafter “Kawai/Fukui/Kang/Matsui”) would have propane sultone in an amount 0.01-10 wt%, of which reads on and is within the claimed range, from 0 wt% to 10 wt%, thereby rendering the range obvious (MPEP 2144.05(I)).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 and 11-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,347,829. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims, due to the use of the open ended term “comprising”, encompass the subject matter of the claims of the patent (see below, wherein common limitations are bolded). Thus the patented claims are included in and anticipate the instant claims. As such, the claims are not patentably distinct.
Instant Application
(18/400,428 – US 2024/0136687 A1)
U.S. Patent
(US 12,347,829 B2)
1. A battery, comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator; wherein
a termination tape of the positive electrode plate is disposed at a paste coating tail of the positive electrode plate;
the non-aqueous electrolyte solution comprises a non-aqueous organic solvent, a lithium salt, and an electrolyte additive; and the electrolyte additive comprises fluoroethylene carbonate;
an area of a termination tape of the positive electrode plate is A cm2; based on a total weight of the non-aqueous electrolyte solution, a content of fluoroethylene carbonate is B2 wt%; and a width of the positive electrode plate is C cm; wherein a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3.
1. A battery, comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator; wherein
a termination tape of the positive electrode plate is disposed at a paste coating tail of the positive electrode plate;
the non-aqueous electrolyte solution comprises a non-aqueous organic solvent, a lithium salt, and an electrolyte additive; and the electrolyte additive comprises fluoroethylene carbonate;
an area of a termination tape of the positive electrode plate is A cm2; based on a total weight of the non-aqueous electrolyte solution, a content of fluoroethylene carbonate is B2 wt %; and a width of the positive electrode plate is C cm; wherein a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3;
the termination tape comprises a substrate and a termination adhesive layer coated on a surface of the substrate;
the width of the termination tape exceeds the width of the positive electrode plate;
the termination adhesive layer comprises cross-linked methacrylate or cross-linked acrylate; and
the battery is a secondary lithium-ion battery.
2. The battery according to claim 1, wherein the area A of the termination tape of the positive electrode plate ranges from 3 cm2 and 120 cm2.
2. The battery according to claim 1, wherein the area A of the termination tape of the positive electrode plate ranges from 3 cm2 and 120 cm2.
3. The battery according to claim 1, wherein the width C of the positive electrode plate ranges from 1 cm to 120 cm.
3. The battery according to claim 1, wherein the width C of the positive electrode plate ranges from 1 cm to 120 cm.
4. The battery according to claim 1, wherein a ratio of A to C is in a range of 1.6 to 2.2.
4. The battery according to claim 1, wherein a ratio of A to C is in a range of 1.6 to 2.2; and/or, a ratio of A to B2 is in a range of 0.8 to 3.
5. The battery according to claim 1, wherein the content B2 of fluoroethylene carbonate ranges from 5 wt% to 30 wt%.
5. The battery according to claim 1, wherein the content B2 wt % of fluoroethylene carbonate ranges from 5 wt % to 30 wt %.
6. The battery according to claim 5, wherein the content B2 of fluoroethylene carbonate ranges from 5 wt% to 10 wt%.
6. The battery according to claim 5, wherein the content B2 wt % of fluoroethylene carbonate ranges from 5 wt % to 10 wt %.
7. The battery according to claim 1, wherein the termination tape comprises a substrate and a termination adhesive layer coated on a surface of the substrate.
1. A battery, comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator; wherein
a termination tape of the positive electrode plate is disposed at a paste coating tail of the positive electrode plate;
the non-aqueous electrolyte solution comprises a non-aqueous organic solvent, a lithium salt, and an electrolyte additive; and the electrolyte additive comprises fluoroethylene carbonate;
an area of a termination tape of the positive electrode plate is A cm2; based on a total weight of the non-aqueous electrolyte solution, a content of fluoroethylene carbonate is B2 wt %; and a width of the positive electrode plate is C cm; wherein a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3;
the termination tape comprises a substrate and a termination adhesive layer coated on a surface of the substrate;
the width of the termination tape exceeds the width of the positive electrode plate;
the termination adhesive layer comprises cross-linked methacrylate or cross-linked acrylate; and
the battery is a secondary lithium-ion battery.
11. The battery according to claim 1, wherein using a total weight of the non-aqueous electrolyte solution as a reference, a content of the lithium salt is B1 mol/L, and a ratio of A to B 1 is in a range of 2-20.
7. The battery according to claim 1, wherein based on a total weight of the non-aqueous electrolyte solution, a content of the lithium salt is B1 mol/L, and a ratio of A to B 1 is in a range of 2-20.
12. The battery according to claim 1, wherein the content B1 of the lithium salt ranges from 1 mol/L to 6 mol/L.
8. The battery according to claim 7, wherein the content B1 mol/L of the lithium salt ranges from 1 mol/L to 6 mol/L.
13. The battery according to claim 1, wherein the electrolyte additive further comprises another component, and the another component comprises at least one of 1,3-propanesulfonic acid lactone, 1-propene 1,3-sultone, ethylene sulphite, ethylene sulfate, lithium bis(oxalate)borate, lithium difluoro oxalate phosphate, and vinyl ethylene carbonate.
9. The battery according to claim 1, wherein the electrolyte additive further comprises another component, and the another component comprises at least one of 1,3-propanesulfonic acid lactone, 1-propene 1,3-sultone, ethylene sulphite, ethylene sulfate, lithium bis(oxalate) borate, lithium difluoro oxalate phosphate, and vinyl ethylene carbonate.
14. The battery according to claim 13, wherein using a total weight of the non-aqueous electrolyte solution as a reference, a total content of the another component ranges from 0 wt% to 10 wt%.
10. the battery according to claim 9, wherein based on a total weight of the non-aqueous electrolyte solution, a total content of the another component ranges from 0 wt % to 10 wt %.
15. The battery according to claim 1, wherein the non-aqueous organic solvent is selected from at least one of carbonate, carboxylic acid ester, or fluorinated ether.
11. The battery according to claim 1, wherein the non-aqueous organic solvent is selected from at least one of carbonate, carboxylic acid ester, or fluorinated ether.
16. The battery according to claim 15, wherein the carbonate is selected from one or more combinations of ethylene carbonate, propylene carbonate, dimethyl carbonate, ethyl methyl carbonate, diethyl carbonate, or methyl propyl carbonate; and/or,
the carboxylic acid ester is selected from one or more combinations of ethyl propionate or propyl propionate; and/or,
the fluorinated ether is selected from 1,1,2,3-tetrafluoroethyl-2,2,3,3-tetrafluoropropyl ether.
12. The battery according to claim 11, wherein the carbonate is selected from one or more combinations of ethylene carbonate, propylene carbonate, dimethyl carbonate, ethyl methyl carbonate, diethyl carbonate, or methyl propyl carbonate; and/or,
the carboxylic acid ester is selected from one or more combinations of ethyl propionate or propyl propionate; and/or,
the fluorinated ether is selected from 1,1,2,3-tetrafluoroethyl-2,2,3,3-tetrafluoropropyl ether.
17. The battery according to claim 1, wherein the positive electrode plate comprises a positive electrode current collector and a positive electrode active material layer coated on a surface of either or both sides of the positive electrode current collector; the positive electrode active material layer comprises a positive electrode active material; the positive electrode active material is selected from lithium cobalt oxide or lithium cobalt oxide doped and coated with two or more elements in Al, Mg, Mn, Cr, Ti, and Zr; and an chemical formula of the lithium cobalt oxide doped and coated with the two or more elements in Mg, Mn, Cr, Ti, and Zr is LixCo1-y1-y2-y3-y4Ay1BY2CY3Dy402, wherein 0.95≤x≤1.05, 0.01≤y1≤0.1, 0.01≤y2≤0.1, 0≤y3≤0.1, 0≤y4≤0.1, and A, B, C, and D are selected from the two or more elements in Al, Mg, Mn, Cr, Ti, and Zr.
13. The battery according to claim 1, wherein the positive electrode plate comprises a positive electrode current collector and a positive electrode active material layer coated on a surface of either or both sides of the positive electrode current collector; the positive electrode active material layer comprises a positive electrode active material; the positive electrode active material is selected from lithium cobalt oxide or lithium cobalt oxide doped and coated with two or more elements in Al, Mg, Mn, Cr, Ti, and Zr; and an chemical formula of the lithium cobalt oxide doped and coated with the two or more elements in Mg, Mn, Cr, Ti, and Zr is LixCo1-y1-y2-y3-y4Ay1BY2CY3Dy402, wherein 0.95≤x≤1.05, 0.01≤y1≤0.1, 0.01≤y2≤0.1, 0≤y3≤0.1, 0≤y4≤0.1, and A, B, C, and D are selected from the two or more elements in Al, Mg, Mn, Cr, Ti, and Zr.
18. the battery according to claim 1, wherein the negative electrode plate comprises a negative electrode current collector and a negative electrode active material layer coated on a surface of either or both sides of the negative electrode current collector; the negative electrode active material layer comprises a negative electrode active material; and the negative electrode active material is selected from graphite or a graphite composite material comprising 1-12 wt% SiOx/C or Si/C.
14. the battery according to claim 1, wherein the negative electrode plate comprises a negative electrode current collector and a negative electrode active material layer coated on a surface of either or both sides of the negative electrode current collector; the negative electrode active material layer comprises a negative electrode active material; and the negative electrode active material is graphite.
19. The battery according to claim 1, wherein a charge cut-off voltage of the battery is 4.45 V or above.
15. The battery according to claim 1, wherein a charge cut-off voltage of the battery is 4.45 V or above.
20. The battery according to claim 1, wherein the battery is a secondary lithium-ion battery.
1. A battery, comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator; wherein
a termination tape of the positive electrode plate is disposed at a paste coating tail of the positive electrode plate;
the non-aqueous electrolyte solution comprises a non-aqueous organic solvent, a lithium salt, and an electrolyte additive; and the electrolyte additive comprises fluoroethylene carbonate;
an area of a termination tape of the positive electrode plate is A cm2; based on a total weight of the non-aqueous electrolyte solution, a content of fluoroethylene carbonate is B2 wt %; and a width of the positive electrode plate is C cm; wherein a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3;
the termination tape comprises a substrate and a termination adhesive layer coated on a surface of the substrate;
the width of the termination tape exceeds the width of the positive electrode plate;
the termination adhesive layer comprises cross-linked methacrylate or cross-linked acrylate; and
the battery is a secondary lithium-ion battery.
Claims 1-7 and 11-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 and 10-18 of copending Application No. 19/178,902. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims, due to the use of the open ended term “comprising”, encompass the subject matter of the claims of the copending application (see below, wherein common limitations are bolded). Thus the copending claims are included in and anticipate the instant claims. As such, the claims are not patentably distinct.
Instant Application
(18/400,428 – US 2024/0136687 A1)
Copending U.S. Application
(19/178,902 – US 2026/0163059 A1)
1. A battery, comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator; wherein
a termination tape of the positive electrode plate is disposed at a paste coating tail of the positive electrode plate;
the non-aqueous electrolyte solution comprises a non-aqueous organic solvent, a lithium salt, and an electrolyte additive; and the electrolyte additive comprises fluoroethylene carbonate;
an area of a termination tape of the positive electrode plate is A cm2; based on a total weight of the non-aqueous electrolyte solution, a content of fluoroethylene carbonate is B2 wt%; and a width of the positive electrode plate is C cm; wherein a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3.
1. A battery, comprising a positive electrode plate, a negative electrode plate, a non-aqueous electrolyte solution, and a separator; wherein
a termination tape of the positive electrode plate is disposed at a paste coating tail of the positive electrode plate;
the non-aqueous electrolyte solution comprises a non-aqueous organic solvent, a lithium salt, and an electrolyte additive; and the electrolyte additive comprises fluoroethylene carbonate;
an area of a termination tape of the positive electrode plate is A cm2; based on a total weight of the non-aqueous electrolyte solution, a content of fluoroethylene carbonate is B2 wt %; and a width of the positive electrode plate is C cm; wherein a ratio of A to B2 is in a range of 0.5-5 and a ratio of A to C is in a range of 1 to 3,
wherein the width of the termination tape exceeds the width of the positive electrode plate.
2. The battery according to claim 1, wherein the area A of the termination tape of the positive electrode plate ranges from 3 cm2 and 120 cm2.
2. The battery according to claim 1, wherein the area A of the termination tape of the positive electrode plate ranges from 3 cm2 and 120 cm2.
3. The battery according to claim 1, wherein the width C of the positive electrode plate ranges from 1 cm to 120 cm.
3. The battery according to claim 1, wherein the width C of the positive electrode plate ranges from 1 cm to 120 cm.
4. The battery according to claim 1, wherein a ratio of A to C is in a range of 1.6 to 2.2.
4. The battery according to claim 1, wherein a ratio of A to C is in a range of 1.6 to 2.2.
5. The battery according to claim 1, wherein the content B2 of fluoroethylene carbonate ranges from 5 wt% to 30 wt%.
5. The battery according to claim 1, wherein the content B2 of fluoroethylene carbonate ranges from 5 wt % to 30 wt %.
6. The battery according to claim 5, wherein the content B2 of fluoroethylene carbonate ranges from 5 wt% to 10 wt%.
6. The battery according to claim 5, wherein the content B2 wt % of fluoroethylene carbonate ranges from 5 wt % to 10 wt %.
7. The battery according to claim 1, wherein the termination tape comprises a substrate and a termination adhesive layer coated on a surface of the substrate.
7. The battery according to claim 1, wherein the termination tape comprises a substrate and a termination adhesive layer coated on a surface of the substrate.
11. The battery according to claim 1, wherein using a total weight of the non-aqueous electrolyte solution as a reference, a content of the lithium salt is B1 mol/L, and a ratio of A to B 1 is in a range of 2-20.
11. The battery according to claim 1, wherein using a total weight of the non-aqueous electrolyte solution as a reference, a content of the lithium salt is B1 mol/L, and a ratio of A to B 1 is in a range of 2-20.
12. The battery according to claim 1, wherein the content B1 of the lithium salt ranges from 1 mol/L to 6 mol/L.
12. The battery according to claim 7, wherein the content B1 of the lithium salt ranges from 1 mol/L to 6 mol/L.
13. The battery according to claim 1, wherein the electrolyte additive further comprises another component, and the another component comprises at least one of 1,3-propanesulfonic acid lactone, 1-propene 1,3-sultone, ethylene sulphite, ethylene sulfate, lithium bis(oxalate)borate, lithium difluoro oxalate phosphate, and vinyl ethylene carbonate.
13. The battery according to claim 1, wherein the electrolyte additive further comprises another component, and the another component comprises at least one of 1,3-propanesulfonic acid lactone, 1-propene 1,3-sultone, ethylene sulphite, ethylene sulfate, lithium bis(oxalate) borate, lithium difluoro oxalate phosphate, and vinyl ethylene carbonate.
14. The battery according to claim 13, wherein using a total weight of the non-aqueous electrolyte solution as a reference, a total content of the another component ranges from 0 wt% to 10 wt%.
14. the battery according to claim 13, wherein using a total weight of the non-aqueous electrolyte solution as a reference, a total content of the another component ranges from 0 wt% to 10 wt %.
15. The battery according to claim 1, wherein the non-aqueous organic solvent is selected from at least one of carbonate, carboxylic acid ester, or fluorinated ether.
15. The battery according to claim 1, wherein the non-aqueous organic solvent is selected from at least one of carbonate, carboxylic acid ester, or fluorinated ether.
16. The battery according to claim 15, wherein the carbonate is selected from one or more combinations of ethylene carbonate, propylene carbonate, dimethyl carbonate, ethyl methyl carbonate, diethyl carbonate, or methyl propyl carbonate; and/or,
the carboxylic acid ester is selected from one or more combinations of ethyl propionate or propyl propionate; and/or,
the fluorinated ether is selected from 1,1,2,3-tetrafluoroethyl-2,2,3,3-tetrafluoropropyl ether.
16. The battery according to claim 15, wherein the carbonate is selected from one or more combinations of ethylene carbonate, propylene carbonate, dimethyl carbonate, ethyl methyl carbonate, diethyl carbonate, or methyl propyl carbonate; and/or,
the carboxylic acid ester is selected from one or more combinations of ethyl propionate or propyl propionate; and/or,
the fluorinated ether is selected from 1,1,2,3-tetrafluoroethyl-2,2,3,3-tetrafluoropropyl ether.
17. The battery according to claim 1, wherein the positive electrode plate comprises a positive electrode current collector and a positive electrode active material layer coated on a surface of either or both sides of the positive electrode current collector; the positive electrode active material layer comprises a positive electrode active material; the positive electrode active material is selected from lithium cobalt oxide or lithium cobalt oxide doped and coated with two or more elements in Al, Mg, Mn, Cr, Ti, and Zr; and an chemical formula of the lithium cobalt oxide doped and coated with the two or more elements in Mg, Mn, Cr, Ti, and Zr is LixCo1-y1-y2-y3-y4Ay1BY2CY3Dy402, wherein 0.95≤x≤1.05, 0.01≤y1≤0.1, 0.01≤y2≤0.1, 0≤y3≤0.1, 0≤y4≤0.1, and A, B, C, and D are selected from the two or more elements in Al, Mg, Mn, Cr, Ti, and Zr.
17. The battery according to claim 1, wherein the positive electrode plate comprises a positive electrode current collector and a positive electrode active material layer coated on a surface of either or both sides of the positive electrode current collector; the positive electrode active material layer comprises a positive electrode active material; the positive electrode active material is selected from lithium cobalt oxide or lithium cobalt oxide doped and coated with two or more elements in Al, Mg, Mn, Cr, Ti, and Zr; and an chemical formula of the lithium cobalt oxide doped and coated with the two or more elements in Mg, Mn, Cr, Ti, and Zr is LixCo1-y1-y2-y3-y4Ay1BY2CY3Dy402, wherein 0.95≤x≤1.05, 0.01≤y1≤0.1, 0.01≤y2≤0.1, 0≤y3≤0.1, 0≤y4≤0.1, and A, B, C, and D are selected from the two or more elements in Al, Mg, Mn, Cr, Ti, and Zr.
18. the battery according to claim 1, wherein the negative electrode plate comprises a negative electrode current collector and a negative electrode active material layer coated on a surface of either or both sides of the negative electrode current collector; the negative electrode active material layer comprises a negative electrode active material; and the negative electrode active material is selected from graphite or a graphite composite material comprising 1-12 wt% SiOx/C or Si/C.
18. the battery according to claim 1, wherein the negative electrode plate comprises a negative electrode current collector and a negative electrode active material layer coated on a surface of either or both sides of the negative electrode current collector; the negative electrode active material layer comprises a negative electrode active material; and the negative electrode active material is selected from graphite or a graphite composite material comprising 1-12 wt % SiOxC or SiC.
19. The battery according to claim 1, wherein a charge cut-off voltage of the battery is 4.45 V or above.
10. The battery according to claim 1, wherein a charge cut-off voltage of the battery is 4.45 V or above.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Bao et al., WO 2017/008269 A1 – is directed towards an electrochemical energy storage device [page 3] teaches that vinylene carbonate may be included in an adhesive layer as an additive, so that during cycling, the additive may gradually be released from the adhesive layer into the electrolyte to improve the electrochemical performance of the electrochemical energy storage device [Page 5 of the English translated copy].
Conclusion
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/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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