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 .
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.
Specification
The specification and drawings have been reviewed and no clear informalities or objections have been noted.
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.
Claim(s) 1, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagasawa (US 2018/0358626).
Regarding claims 1, 8 and 10, Nagasawa further discloses an electrolytic solution, an additive, a solvent comprising a compound represented by the following formula (1):
Rf1—O—Rf2 (1)
wherein Rf1 and Rf2 are the same as or different from each other and are each a C2-C4 fluorinated alkenyl group (see paragraphs 102-104 which discloses the composition of the aqueous solution which includes perfluorodivinyl ether, or CF2=CF-O-CF=CF2).
The italicized limitations above are directed toward an intended use of the claimed composition and does not further limit the claim. See MPEP §2111.02.
It is noted that the presence of perfluorodivinyl ether (PEVE) is present in a solvent (such as water) which can function as an electrolyte, as described in paragraph 103 of Nagasawa. As such, without further clarification on what this “electrolyte solution” comprises, the disclosure of Nagasawa reads on this limitation.
Allowable Subject Matter
Claims 2-7, 9, 11 and 12 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Nagasawa, teaches the claimed composition. However, Nagasawa teaches the composition as a crosslinking reagent that will not be present, in its original form, after the copolymer is formed. The prior art neither teaches nor suggests such a reactive compound (crosslinking agent, such as the compound of formula (1) present in an electrolyte solution of a lithium battery, electrochemical device or mixed with the claimed formula (2).
Relevant Prior Art
US 2005/0266291 – Also discloses the use of a perfluorodivinyl ether as a crosslinking monomer (see paragraph 66), but does not teach an electrolyte solution in a battery containing such a compound.
US 2007/0072530 - Also discloses the use of a perfluorodivinyl ether as a crosslinking monomer (see paragraph 41), but does not teach an electrolyte solution in a battery containing such a compound.
Response to Arguments
Applicant's arguments filed 7/24/2026 have been fully considered but they are not persuasive. On page 6, Applicant argues that Nagasawa does not teach the claimed formula (1) because it is not a free compound in an electrolytic solution or a solvent as it is consumed in the polymerization reaction. The Office respectfully disagrees with this argument. Applicant does not claim that the claimed formula is present as a “free compound”. Furthermore, the claim provides little structure or composition outside of the claimed formula. While Nagasawa does indeed teach a polymerization reaction, it also teaches producing a solution/solvent that includes perfluorodivinyl ether (which reads on the claimed formula (1)). In Nagasawa, paragraphs 102-103, it is taught that perfluorodivinyl ether (PEVE) is combined with Na2HPO4, water, perfluorooctanoic acid (PFOA) and ethyl acetate to produce a solution including a solvent. In this instance, the solvent is water and the Na2HPO4 is soluble in water. This produces a solution which also, as it turns out, contains PEVE and has a electrolytic component to it as a result of the salt NaH2PO4 being dissolved in the water. This is prepared before the polymerization reaction is activated. As such, Nagasawa does indeed teach a solution/solvent that comprises PEVE.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW J MERKLING/ Primary Examiner, Art Unit 1725
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