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 .
Claim Objections
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claim 21 has been renumbered 20.
Claim Rejections - 35 USC § 102
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 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)(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.
Claim(s) 1-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Choi et al. (US 2007/0037063 A1).
Regarding claim 1, Choi et al. discloses an electrolyte (see paragraph 0018-0046) for a lithium metal battery equipped with a lithium metal anode, comprising: a lithium salt (see paragraph 0044); a solvent (dimethyl carbonate, diethyl carbonate, ethylene carbonate, and propylene carbonate) (see paragraph 0042); and a diluent comprising 1,2-difluorobenzene (see paragraph 0042), since the non-aqueous organic solvent includes one or at least two solvents; if a mixed solvent is used, the mixing ratio may be suitably controlled according to desired battery performance (see paragraph 0042); and since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 2-4, Choi et al. discloses an electrolyte wherein the lithium salt comprises one or more selected from the group consisting of lithium bis (fluorosulfonyl) imide (LiFSI), lithium bis (trifluoromethanesulfonyl) imide (LiTFSI), and lithium hexafluorophosphate (LiPF6) (see paragraph 0044); wherein the concentration of the lithium salt is 0.5-5.5 M (see paragraph 0045); and wherein the solvent comprises one or more selected from the group consisting of dimethyl carbonate (DMC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC), ethylene carbonate (EC), and propylene carbonate (PC) (see paragraph 0042), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 6-7, Choi et al. discloses an electrolyte for a lithium metal battery wherein the diluent forms a solid-electrolyte interphase predominantly comprising lithium fluoride (LiF) on the surface of the lithium metal anode (see paragraphs 0021-0031); and wherein the diluent forms a local area of high concentration of lithium ions contained in the electrolyte (see paragraph 0042).
Claim(s) 1-4, 6-14 and 17-21 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Yu (WO 2020/032475 A1).
Regarding claim 1, Yu discloses an electrolyte for a lithium metal battery equipped with a lithium metal anode, comprising: a lithium salt; a solvent; and a diluent comprising 1,2-difluorobenzene (see section labeled Lithium metal battery), since Yu discloses the aromatic hydrocarbon organic solvent is 1,2-difluorobenzene, and since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 2-4, Yu discloses an electrolyte wherein the lithium salt comprises one or more selected from the group consisting of lithium bis (fluorosulfonyl) imide (LiFSI), lithium bis (trifluoromethanesulfonyl) imide (LiTFSI), and lithium hexafluorophosphate (LiPF6; wherein the concentration of the lithium salt is 0.5-5.5 M; and wherein the solvent comprises one or more selected from the group consisting of dimethyl carbonate (DMC), diethyl carbonate (DEC), ethyl methyl carbonate (EMC), ethylene carbonate (EC), and propylene carbonate (PC) (see section labeled Lithium metal battery), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 6-7, Yu discloses an electrolyte for a lithium metal battery wherein the diluent forms a solid-electrolyte interphase predominantly comprising lithium fluoride (LiF) on the surface of the lithium metal anode; and wherein the diluent forms a local area of high concentration of lithium ions contained in the electrolyte (see section labeled Lithium metal battery), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 8-9, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 1; and wherein the cathode further comprises a current collector (negative electrode current collector), wherein the electrolyte prevents the corrosion of the current collector by forming a solid-electrolyte interphase on the surface of the current collector (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 10-11, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 2; and wherein the cathode further comprises a current collector (negative electrode current collector), wherein the electrolyte prevents the corrosion of the current collector by forming a solid-electrolyte interphase on the surface of the current collector (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claim 12, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 3 (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 13-14, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 4; and wherein the cathode further comprises a current collector, wherein the electrolyte prevents the corrosion of the current collector by forming a solid-electrolyte interphase on the surface of the current collector (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 17-18, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 6; and wherein the cathode further comprises a current collector, wherein the electrolyte prevents the corrosion of the current collector by forming a solid-electrolyte interphase on the surface of the current collector (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Regarding claims 19-20, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 7; and wherein the cathode further comprises a current collector, wherein the electrolyte prevents the corrosion of the current collector by forming a solid-electrolyte interphase on the surface of the current collector (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 5 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu (WO 2020/032475 A1).
Regarding claim 5, Yu discloses that the carbonate solvent (solvent) and the aromatic hydrocarbon organic solvent (diluent) may be mixed in a volume ratio of about 1: 1 to about 30: 1 (see section labeled Lithium metal battery).
Yu fails to disclose an electrolyte for a lithium metal battery of claim 1, wherein the concentration of the diluent is 30-70 vol%.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the concentration of the diluent is 30-70 vol%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges inventions only routine skill in the art.
Regarding claims 15-16, Yu discloses a lithium metal battery comprising: a cathode; a lithium metal anode; and the electrolyte for a lithium metal battery of claim 5; and wherein the cathode further comprises a current collector, wherein the electrolyte prevents the corrosion of the current collector by forming a solid-electrolyte interphase on the surface of the current collector (see MODE-FOR-INVENTION), since the use of the apparatus isn't limiting or the material the apparatus acts upon isn't limiting.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/Primary Examiner, Art Unit 1774
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