DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
2. 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.
3. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (CN-103094614-B, provided in IDS mailed on 21 June 2024, machine translation used for rejection below).
As to claim 1, Liu discloses an electrolyte (page 1 lines 14-15) for a lithium secondary battery (page 1 lines 14-15) comprising:
an additive comprising a compound represented by Formula 1 below (page 2 lines 34-47, page 5 formula 2);
an organic solvent (page 1 lines 21-22); and
a lithium salt (page 1 lines 21-22):
[Formula 1]
PNG
media_image1.png
125
213
media_image1.png
Greyscale
wherein in Formula 1, R1 to R4 are each independently hydrogen, or a substituted or unsubstituted C1-C10 alkyl group, and R5 and R6 are each independently hydrogen, a substituted or unsubstituted C1-C10 alkyl group, or a substituted or unsubstituted amine (page 2 lines 34-47, page 5 formula 2).
As to claim 2, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein R1 to R4 are each independently a substituted or unsubstituted C1-C6 alkyl group, and R5 and R6 are each independently a substituted or unsubstituted C1-C6 alkyl group (page 2 lines 34-47, page 5 formula 2).
As to claim 3, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein R1 to R4 are each independently a substituted or unsubstituted C1-2 alkyl group, and R5 and R6 are each independently a substituted or unsubstituted C1-2 alkyl group (page 2 lines 34-47, page 5 formula 2).
As to claim 4, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein the compound represented by Formula 1 is a compound represented by Formula 1-1 below:
[Formula 1-1]
PNG
media_image2.png
123
210
media_image2.png
Greyscale
(page 2 lines 34-47, page 5 formula 2).
As to claim 5, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein the additive is comprised in an amount of 0.1 to 10% by weight based on a total weight of the electrolyte (page 5 lines 22-25, 0.5%).
As to claim 6, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein the additive is comprised in an amount of 0.5 to 5% by weight based on a total weight of the electrolyte (page 5 lines 22-25, 0.5%).
As to claim 7, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein the organic solvent comprises at least one selected from the group consisting of a carbonate solvent, an ester solvent, an ether solvent, a ketone solvent, an alcohol solvent and an aprotic solvent (page 1 lines 23-25, page 5 lines 22-25- EC/EMC/DMC-carbonates).
As to claim 8, Liu discloses the electrolyte as disclosed within claim 1, and further discloses wherein the electrolyte further comprises at least one auxiliary additive selected from the group consisting of a cyclic carbonate compound, a fluorine-substituted carbonate compound, a sultone compound, a cyclic sulfate compound, and a borate compound (page 3 lines 1-5, page 5 lines 2%-VC-cyclic carbonate compound).
As to claim 9, Liu discloses the electrolyte as disclosed within claim 8, and further discloses wherein the auxiliary additive is comprised in an amount of 0.01 to 15% by weight based on the total weight of the electrolyte (page 5 lines 22-25, 2% VC).
As to claim 10, Liu discloses the electrolyte as disclosed within claim 8, and further discloses wherein the auxiliary additive is comprised in an amount of 0.5 to 10% by weight based on the total weight of the electrolyte (page 5 lines 22-25, 2%VC).
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN-103094614-B, provided in IDS mailed on 21 June 2024, machine translation used for rejection below) in view of Xu et al. (US-20060269846-A1, provided in IDS mailed on 21 June 2024, machine translation used for rejection below).
As to claim 11, Liu discloses a lithium secondary battery comprising (page 1 lines 14-15):
a cathode (page 1 lines 19-20) comprising a cathode active material (page 1 lines 59-60);
an anode (page 1 lines 19-20);
a separation membrane (page 1 lines 19-20); and
an electrolyte (page 1 lines 19-20) which comprises an additive comprising a compound represented by Formula 1 below (page 2 lines 34-47, page 5 formula 2), an organic solvent (page 1 lines 21-22), and a lithium salt (page 1 lines 21-22):
[Formula 1]
PNG
media_image1.png
125
213
media_image1.png
Greyscale
wherein in Formula 1, R1 to R4 are each independently hydrogen, or a substituted or unsubstituted C1-C10 alkyl group, and R5 and R6 are each independently hydrogen, a substituted or unsubstituted C1-C10 alkyl group, or a substituted or unsubstituted amine group (page 2 lines 34-47, page 5 formula 2).
However, Liu does not disclose wherein the anode comprises an anode active material or wherein the separation membrane is disposed between the cathode and the anode.
Xu discloses an electrolytic solution used within a lithium battery, wherein the anode comprises an anode active material [0029] and wherein the separation membrane is disposed between the cathode and the anode [0037]. It has been held that the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. (see MPEP § 2143, A.). In the present case, the familiar elements presented within Xu are the anode having an anode active material to react within the battery and the separation member being disposed between the cathode and the anode the separate the two electrodes and prevent adverse reactions.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lithium secondary battery as disclosed within Liu to further require that the anode within the battery comprise an anode active material and that the separation member be disposed between the cathode and the anode as disclosed within Xu.
As to claims 12-13, modified Liu discloses the electrolyte as disclosed within claim 11, however, modified Liu discloses the positive active material to be lithium manganese oxide but does not disclose wherein the cathode active material comprises lithium metal phosphate particles represented by Formula 4 below:
[Formula 4]
LixMxPyO4+Z
Wherein in Formula 4, w, x, y and z are in a range of 0.9 ≤ W ≤ 1.2, 0.99 ≤ x ≤ 1.01, 0.9 ≤ y ≤ 1.2, -0.1 ≤ z ≤ 0.1, respectively, and M is at least selected from the group consisting of Fe, Co, Ni, Mn, Ti and V.
Xu discloses an electrolytic solution used within a lithium battery, wherein the cathode active material can be LiMn2O4, LiFePO4(apples to claim 13) comprises lithium metal phosphate particles represented by Formula 4 below:
[Formula 4]
LiwMxPyO4+Z [0028]
Wherein in Formula 4, w, x, y and z are in a range of 0.9 ≤ W ≤ 1.2 [0028], 0.99 ≤ x ≤ 1.01 [0028], 0.9 ≤ y ≤ 1.2 [0028], -0.1 ≤ z ≤ 0.1 [0028], respectively, and M is at least selected from the group consisting of Fe, Co, Ni, Mn, Ti and V [0028]. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the LiMnO4 with LiPO4 because these are known equivalents of positive active materials as disclosed within Xu.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 5712721330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.J.S./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
Prosecution Insights