DETAILED ACTION
Citation to the Specification will be in the following format: (S. # : ¶) where # denotes the page number and ¶ denotes the paragraph number of the pre-grant publication corresponding to this application, US 2024/0297345. Citation to patent literature will be in the form (Inventor # : LL) where # is the column number and LL is the line number. Citation to the pre-grant publication literature will be in the following format (Inventor # : ¶) where # denotes the page number and ¶ denotes the paragraph number.
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 Application
The preliminary amendment dated 5/13/2026 has been received and will be entered.
Claim(s) 1-13 and 15-21 is/are pending.
Claim(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 15 is/are currently amended.
Claim(s) 16-21 is/are new.
Claim(s) 14 is/are acknowledged as cancelled.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on:
12/22/2025
6/30/2025
1/27/2025
are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC §§ 102-103
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.
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.
I. Claim(s) 13 – or as stated below - is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 2014/0075746 to Schmidt.
With respect to Claim 13, this claim recites “[a] lithium bis(fluorosulfonyl)imide obtained by the preparation method of claim 1.” This is product-by-process language. Product-by-process claims are not limited by the process steps, except to the extent they suggest structure or composition. See generally MPEP 2113. Here, the process merely suggests the presence of lithium bis(fluorosulfonyl)imide, with the purity limitation added in Claim 13: “characterized in that the lithium bis(fluorosulfonyl)imide has a purity of ≥ 99.6%.” Schmidt teaches “the purity of the lithium or sodium bis(fluorosulphonyl)imide (MFSI) is preferably at least equal to 99.5% by weight, advantageously at least equal to 99.9% by weight.” (Schmidt 4: [0069]).
Allowable Subject Matter
I. Claims 1-12 and 15-21 are allowed.
Certain dependent claims recite limitations like “in step (1), the reaction temperature.” (Claim 4). While this arguably invokes antecedent basis issues, the Claim 1 – by virtue of reciting various reactions and distinguishing them by numbers – is understood as having inherent antecedent basis for limitations such as “the reaction temperature,” “the reaction time,” etc. See MPEP 2173.05(e) (“Inherent components of elements recited have antecedent basis in the recitation of the elements themselves.”).
Foreign counterparts of US 2014/0075746 to Schmidt were applied by the International Search Authority and the Korean Intellectual Property Office. While similar, Schmidt would not appear to teach at least the reaction of sulfur trioxide with ammonia under the conditions as claimed, nor the “reacting the bis(chlorosulfonyl)imide obtained in step (2) with hydrogen fluoride to obtain bis(fluorosulfonyl)imide by vacuum distillation” as claimed in limitation (3).
CN 113511639 to Shenzhen Yanyi New Material Co., Ltd. (hereinafter “SYNM,” B01D 19/0005; 10/19/2021) is noted. While effectively filed before and published after the PCT filing date of this application, SYNM recites inventors Yue, Min; Yu, Yi; and Hu, Xiangbing, i.e. the same inventors as this application. As SYNM does not name another inventor, it does not qualify as prior art under 35 U.S.C. 102(a)(2).
US 2020/0181071 to Kozelj, et al. is noted. While similar, Kozeli would not appear to teach at least the reaction of sulfur trioxide with ammonia under the conditions as claimed, nor the “reacting the bis(chlorosulfonyl)imide obtained in step (2) with hydrogen fluoride to obtain bis(fluorosulfonyl)imide by vacuum distillation” as claimed in limitation (3).
Audrieth, Trends in Nitrogen Chemistry, Chemical and Engineering News 1947; 25(36): 2552-2554 (hereinafter “Audrieth at __”). Audrieth states “Ammonation-- that is, direct addition of ammonia to sulfur trioxide-- gives the ammonium sald of imidodisulfuric acid. These substances have long been known…” (Audrieth at 2553, col. 2). While the reaction and substances may have been long known, as understood, there is no motivation to combine with any of the references discussed above.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL C. MCCRACKEN whose telephone number is (571) 272-6537. The examiner can normally be reached on Monday-Friday (9-6).
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, Anthony J. Zimmer can be reached on 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL C. MCCRACKEN/Primary Examiner, Art Unit 1736
Prosecution Insights