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 Status
Claims 1-11 are pending.
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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Koyama et al. (US20200274200A1).
Regarding Claim 1, Koyama discloses a nonaqueous electrolyte solution ([0059-0060]), comprising a solute ([0058]) and a nonaqueous organic solvent ([0059-0060]).
Koyama further discloses use of C3-C6 cyclic sulfones that can feature 2 sulfonyl groups, including trimethylene disulfones, tetramethylene disulfones, and hexaethylene disulfones ([0471-0472]); but does not explicitly disclose the positional relationships of the sulfonyl group members on the respective rings. Positional isomers of the C3-C6 cyclic sulfones taught generically by Koyama are analogous to the current invention by virtue of being in the same field of endeavor, namely additives of nonaqueous electrolyte solutions. Before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art that the sunfonyl groups must be in some certain positions in order to include those two sunfonyl groups in the ring, and therefore find it obvious to routinely design the sulfonyl groups to be separated by at least one ring member carbon in either direction, thus reading on the recited Formula (1). Exemplary cyclic disulfones satisfying the constraints of the instant Formula (1) are depicted in Figure A.
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Figure A: Comparison of (I) the instant Formula (1) to (II-IV) exemplary cyclic disulfones outlined in the disclosure of Koyama et al. (US20200274200A1).
Regarding Claim 2, Koyama discloses the electrolyte solution according to Claim 1.
Koyama further discloses use of C3-C6 cyclic sulfones that can feature 2 sulfonyl groups, including trimethylene disulfones, tetramethylene disulfones, and hexaethylene disulfones ([0471-0472]); but does not explicitly disclose the positional relationships of Claim 2, wherein the A is a -CH2 group, the D is a -C2-H4 or C3H6- group, and m and n both represent 2. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have selected a positional isomer satisfying the constraints of Claim 2 wherein the sulfonyl group members are separated by at least one ring-member carbon in either direction, because doing so would amount to no more than choosing among the finite options defined by Koyama’s disclosure of a trimethylene disulfone or a tetramethylene disulfone. Exemplary cyclic disulfones satisfying the constraints of the instant Claim 2 are depicted in Figure AII-III.
Regarding Claim 3, Koyama discloses the electrolyte solution according to Claim 1.
Koyama further discloses use of C3-C6 cyclic sulfones that can feature 2 sulfonyl groups, including trimethylene disulfones, tetramethylene disulfones, and hexaethylene disulfones ([0471-0472]); but does not explicitly disclose the positional relationships of compounds described by the instant Claim 3. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have selected a positional isomer of the trimethylene disulfone or tetratmethylene disulfone disclosed by Koyama that satisfies the constraints of Claim 3 because doing so would amount to no more than choosing among the finite options defined by Koyama’s disclosure. Exemplary cyclic disulfones satisfying the constraints of the instant Claim 3 are depicted in Figure AII-III, corresponding respectively to the compounds (1e) and (1n) of Claim 3.
Regarding Claim 4, Koyama discloses the electrolyte solution according to Claim 3.
Koyama further discloses use of C3-C6 cyclic sulfones that can feature 2 sulfonyl groups, including trimethylene disulfones, tetramethylene disulfones, and hexaethylene disulfones ([0471-0472]); but does not explicitly disclose the positional relationships of compounds described by the instant Claim 4. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have selected a positional isomer of the trimethylene disulfone or tetratmethylene disulfone disclosed by Koyama that satisfies the constraints of Claim 4 because doing so would amount to no more than choosing among the finite options defined by Koyama’s disclosure. Exemplary cyclic disulfones satisfying the constraints of the instant Claim 4 are depicted in Figure AII-III, corresponding respectively to the compounds (1e) and (1n) of Claim 3.
Regarding Claim 5, Koyama discloses the electrolyte solution according to Claim 3.
Koyama further discloses use of C3-C6 cyclic sulfones that can feature 2 sulfonyl groups, including trimethylene disulfones, tetramethylene disulfones, and hexaethylene disulfones ([0471-0472]); but does not explicitly disclose the positional relationships of compounds described by the instant Claim 5. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have selected a positional isomer of the trimethylene disulfone or tetratmethylene disulfone disclosed by Koyama that satisfies the constraints of Claim 5 because doing so would amount to no more than choosing among the finite options defined by Koyama’s disclosure. Exemplary cyclic disulfones satisfying the constraints of the instant Claim 5 are depicted in Figure AII-III, corresponding respectively to the compounds (1e) and (1n) of Claim 3.
Regarding Claim 6, Koyama discloses the nonaqueous electrolyte solution according to Claim 1.
Koyama further discloses wherein the nonaqueous organic solvent contains at least one selected from the group consisting of cyclic carbonate and chain carbonate ([0061],[0181]).
Regarding Claim 7, Koyama discloses the nonaqueous electrolyte solution of Claim 6.
Koyama further discloses wherein ethylene carbonate, ethyl methyl carbonate, and dimethyl carbonate are mixed as a nonaqueous organic solvent ([0607]).
Regarding Claim 8, Koyama discloses the nonaqueous electrolyte solution according to Claim 1, wherein the content of a sulfone-based compound is between 0.3% and 30% by volume in 100% by volume of the solvent ([0477]).
Koyama further discloses use of C3-C6 cyclic sulfones that can feature 2 sulfonyl groups, including trimethylene disulfones and tetramethylene disulfones ([0471-0472]); but does not explicitly disclose the positional relationships of the sulfonyl group members on the respective rings. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the current invention to have selected a positional isomer satisfying the constraints of the instant Formula (1), wherein the sulfonyl group members are separated by at least one ring-member carbon in either direction, because doing so would amount to no more than choosing among the finite options defined by Koyama’s disclosure. Exemplary cyclic disulfones satisfying the constraints of the instant Formula (1) are depicted in Figure A.
Using the exemplary compounds 1,3-dithiolane-1,1,3,3-tetraoxide or 1,3-dithiane-1,1,3,3-tetraoxide in Koyama’s disclosed embodiment of 1.2 molar LiPF6 solution in ethylene carbonate:ethyl methyl carbonate:dimethyl carbonate in a volumetric ratio of 30:30:40 ([0607]) and the conversions calculated from the values described in Table 1, Koyama’s disclosed range of 0.3%-30% of sulfone-based compound by volume in 100% by volume of the solvent ([0477]) substantially overlaps and consequently anticipates the instant application’s claimed range of 0.01% by mass to 10.0% by mass of the compound of Formula (1) with respect to a total amount of the compound represented by Formula (1), the solute, and the nonaqueous organic solvent, as shown in Table 2.
Table 1: Values of physical characteristics for compounds in a nonaqueous electrolyte solution, as disclosed by Koyama et al. (US20200274200A1)
Compound
Physical characteristic
Value of physical characteristic
Evidentiary reference
1,3-dithiolane-1,1,3,3-tetraoxide
Density
(grams per cubic centimeter)
1.67
ChemicalBook
1,3-dithiane-1,1,3,3-tetraoxide
Density
(grams per cubic centimeter)
1.54
GuideChem
LiPF6
Molecular weight (grams/mole)
151.91
Sigma Aldrich
Ethylene carbonate
Density
(grams per cubic centimeter)
1.321
Sigma Aldrich
Ethyl methyl carbonate
Density
(grams per cubic centimeter)
1.006
Sigma Aldrich
Dimethyl carbonate
Density
(grams per cubic centimeter)
1.069
Sigma Aldrich
Table 2: Comparison of the compositional ranges of a given compound as taught by Koyama et al. (US20200274200A1) ([0477],[0607]) to the claimed range of the instant Claim 8
Compound
Disclosed range as a volumetric percentage of the nonaqueous organic solvent
Disclosed range equivalent as a mass percentage of the total electrolyte solution
Instant application claimed range as a mass percentage of the total electrolyte solution
1,3-dithiolane-1,1,3,3-tetraoxide
[0.3%,30%]
[0.34%, 33.57%]
[0.01%, 10%]
1,3-dithiane-1,1,3,3-tetraoxide
[0.3%,30%]
[0.31%, 31.79%]
[0.01%, 10%]
Regarding Claim 9, Koyama discloses the nonaqueous electrolyte solution according to Claim 1. Koyama further discloses the nonaqueous electrolyte solution further comprising lithium difluorophosphate (abstract).
Regarding Claim 10, Koyama discloses a nonaqueous electrolyte solution battery ([0494]), comprising: a positive electrode ([0494]), a negative electrode ([0494]); and the nonaqueous electrolyte solution according to Claim 1 ([0494]).
Regarding Claim 11, Koyama discloses a method for producing a nonaqueous electrolyte solution battery ([0611]), comprising: preparing the nonaqueous electrolyte solution according to Claim 1 ([0611]); and filling an empty cell including at least a positive electrode and negative electrode with the nonaqueous electrolyte solution ([0611]).
References Cited But Not Relied Upon
The following prior art made of record and not relied upon at this time is considered pertinent to the applicant’s disclosure:
Mio et al. (US20130040209A1) discloses a cyclic sultone compound for use in nonaqueous electrolyte solution.
Nakazawa et al. (JP2016181508A – Global Dossier machine translation furnished with the Office Action) teaches use of trimethylene disulfones, tetramethylene disulfones, and hexamethylene disulfones in a nonaqueous electrolyte solution to improve cycle and storage characteristic in a secondary battery.
Liu et al. (CN111205267A – Espacenet machine translation furnished with the Office Action) discloses use of cyclic disulfones as additives in a nonaqueous electrolyte solution.
Fujimoto et al. (JP2014105156A – Global Dossier machine translation furnished with the Office Action) discloses cyclic disulfone compounds that can be used in nonaqueous secondary battery electrolytes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kent G. Mendoza whose telephone number is (571)482-9953. The examiner can normally be reached Monday-Thursday 8:30-5:00 EST.
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/K.G.M./Examiner, Art Unit 1754
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 06/08/2026
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