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 1–3 and 5–12 are pending.
Claims 4 and 13–20 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 2024/0234817 A9.
Drawings
The drawings were received on 12 August 2026. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Specification
Applicants' amendments have overcome the objections to the specification.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 1–4 and 6–20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim 5 is 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 limitation "wherein the lithium air battery is operated at a temperature that is equal to or higher than a melting point of the amide-based heteroaliphatic solvent." Claim 1, which claim 5 is directly dependent, recites the limitation "wherein the lithium air battery is operated at a temperature of 5°C or lower." It is unclear if "a temperature" recited in claim 5 is further limiting or referencing "a temperature" recited in claim 1. Claim 1 provides antecedent basis for the term "a temperature." However, claim 5 does not include "the" or "said" indicating the term "temperature" is further limiting the term recited in claim 1.
Claim Interpretation
Claim 1 recites the limitation "wherein the lithium air battery is operated at a temperature of 5°C or lower;" claim 5 recites the limitation "wherein the lithium air battery is operated at a temperature that is equal to or higher than a melting point of the amide-based heteroaliphatic solvent;" and claim 6 recites the limitation "wherein the lithium air battery is operated at -20 to 0°C." These limitations are directed to a manner of operating the disclosed lithium air battery, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP §§ 2114 and 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states "[e]xpressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim."
Claim Rejections - 35 USC § 102
Claims 1–3, 5, 6, and 9–12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US 11,374,209 B1).
Regarding claim 1, Kim discloses a lithium air battery (32) comprising:
an anode (40) including lithium (see lithium metal foil, C8/L25–31);
a cathode (34) located so as to face the anode (40) and using oxygen (50) as a cathode active material (see oxygen, C1/L24–35);
an electrolyte solution located between the anode and the cathode and containing a solvent and a lithium salt (see electrolyte solution, C8/L25–31); and
carbon dioxide (see CO2, C8/L25–31),
wherein the solvent is an amide-based heteroaliphatic solvent having a dielectric constant of 30 or more (see DMAC, C8/L25–31) and
wherein the amide-based heteroaliphatic solvent contains a nitrogen atom (see DMAC, C8/L25–31),
wherein the lithium salt includes LiNO3 (see lithium nitrate, C8/L25–31).
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Dimethylacetamide has a dielectric constant of 37.78.
Kim does not explicitly disclose:
wherein the lithium air battery is operated at a temperature of 5°C or lower.
However, this limitation is directed to a manner of operating the disclosed lithium air battery. It is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP §§ 2114 and 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states "[e]xpressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim." Kim discloses a lithium air battery identical to the claimed lithium air battery. Therefore, the lithium air battery of Kim is capable of operating at a temperature of 5°C or lower.
Regarding claim 2, Kim discloses all the claim limitations as set forth above and further discloses a lithium air battery:
wherein the solvent has 2 to 8 carbon atoms (see DMAC, C8/L25–31).
Regarding claim 3, Kim discloses all the claim limitations as set forth above and further discloses a lithium air battery:
wherein the solvent is at least one selected from the group consisting of dimethylacetamide (DMAc), dimethyl sulfoxide (DMSO), dimethylformamide (DMF), acetonitrile, and nitromethane (see DMAC, C8/L25–31).
Regarding claims 5 and 6, Kim discloses all the claim limitations as set forth above, but does not explicitly disclose a lithium air battery:
wherein the lithium air battery is operated at a temperature that is equal to or higher than a melting point of the solvent; and
wherein the lithium air battery is operated at -20 to 0° C.
However, these limitations are directed to the manner of operating the disclosed lithium air battery. It is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP §§ 2114 and 2115. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states "[e]xpressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim." Kim discloses a lithium air battery identical to the claimed lithium air battery. Therefore, the lithium air battery of Kim is capable of being operated at a temperature that is equal to or higher than a melting point of the solvent and is 5° C. or lower, and operated at -20 to 0° C.
Regarding claim 9, Kim discloses all the claim limitations set forth above and further discloses a lithium air battery:
wherein the carbon dioxide is dissolved in the electrolyte solution (see CO2, C8/L25–31).
Regarding claim 10, Kim discloses all the claim limitations as set forth above and further discloses a lithium air battery:
wherein a Gutmann donor number (DN) of the solvent is 25 to 30 (see DMAC, C8/L25–31).
"Products of identical chemical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Dimethylacetamide has a Gutmann donor number (DN) of 27.8.
Regarding claim 11, Kim discloses all the claim limitations as set forth above and further discloses a lithium air battery, further comprising:
a separator (46) located between the cathode (34) and the anode (40, C8/L25–31).
Regarding claim 12, Kim discloses all the claim limitations as set forth above and further discloses a lithium air battery:
wherein the cathode includes a carbon body (see carbon nanotube, C8/L25–31).
Claim Rejections - 35 USC § 103
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 11,374,209 B1) as applied to claim 1 above, and further in view of Archer et al. (US 2015/0295234 A1).
Regarding claims 7 and 8, Kim discloses all the claim limitations set forth above and further discloses a lithium air battery:
wherein the carbon dioxide is supplied to one side of the cathode as a mixed gas mixed with oxygen; and
wherein a volume ratio of the oxygen to the carbon dioxide in the mixed gas is 5:5 to 9:1.
Archer discloses a lithium air battery having carbon dioxide supplied to one side of a cathode as a mixed gas mixed with oxygen; and wherein a volume ratio of the oxygen to the carbon dioxide in the mixed gas is 5:5 to 9:1 (see fuel volume ratio, [0036]) to enhance the performance of the lithium air battery (see CO2, [0072]). Kim and Archer are analogous because they are directed to lithium air batteries. 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 air battery of Kim with the mixed gas of Archer to enhance the performance of the lithium air battery.
Response to Arguments
Applicant’s arguments with respect to claims 1–3 and 5–12 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim (US 11,380,893 B1) discloses a lithium air battery (32) comprising an anode (40) including lithium (see lithium metal foil, C11/L29–35); a cathode (34) located so as to face the anode (40) and using oxygen (50) as a cathode active material (see oxygen, C1/L32–43); an electrolyte solution located between the anode and the cathode and containing a solvent and a lithium salt (see electrolyte solution, C11/L29–35); and carbon dioxide (see CO2, C11/L29–35), wherein the solvent is an amide-based heteroaliphatic solvent having a dielectric constant of 30 or more (see DMAC, C11/L29–35) and wherein the amide-based heteroaliphatic solvent contains a nitrogen atom (see DMAC, C11/L29–35), wherein the lithium salt includes LiNO3 (see lithium nitrate, C11/L29–35).
Kim (US 2022/0263088 A1) discloses a lithium air battery (32) comprising an anode (40) including lithium (see lithium metal foil, [0118]); a cathode (34) located so as to face the anode (40) and using oxygen (50) as a cathode active material (see oxygen, [0004]); an electrolyte solution located between the anode and the cathode and containing a solvent and a lithium salt (see electrolyte solution, [0118]); and carbon dioxide (see CO2, [0118]), wherein the solvent is an amide-based heteroaliphatic solvent having a dielectric constant of 30 or more (see DMAC, [0118]) and wherein the amide-based heteroaliphatic solvent contains a nitrogen atom (see DMAC, [0118]), wherein the lithium salt includes LiNO3 (see lithium nitrate, [0118]).
Kim (US 2022/0263088 A1) discloses a lithium air battery (32) comprising an anode (40) including lithium (see lithium metal foil, [0144]); a cathode (34) located so as to face the anode (40) and using oxygen (50) as a cathode active material (see oxygen, [0003]); an electrolyte solution located between the anode and the cathode and containing a solvent and a lithium salt (see electrolyte solution, [0144]); and carbon dioxide (see CO2, [0144]), wherein the solvent is an amide-based heteroaliphatic solvent having a dielectric constant of 30 or more (see DMAC, [0144]) and wherein the amide-based heteroaliphatic solvent contains a nitrogen atom (see DMAC, [0144]), wherein the lithium salt includes LiNO3 (see lithium nitrate, [0144]).
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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A 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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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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