CTNF 18/575,000 CTNF 97568 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki, et. al. (KR 20210153122 A), in view of Hayashi, et. al. (US 20180047976 A1) . Regarding Claim 1, Yamazaki teaches a lithium secondary battery (“[p.1] lithium secondary battery”) comprising a negative electrode, a positive electrode, a separator interposed between the negative electrode and the positive electrode, and a non- aqueous electrolyte (“[p.58] The electrode group may have either a laminate structure in which the positive electrode plate and the negative electrode plate are interposed with the separator, or a structure in which the positive electrode plate and the negative electrode plate are wound in a spiral wound shape with the separator interposed therebetween”), wherein the non-aqueous electrolyte comprises: a lithium salt (“[p.26] As an electrolyte salt of the electrolyte solution for alkali metal secondary batteries, lithium salt is preferable”); a non-aqueous organic solvent (“[p.22] It is preferable that it is 70-99.9999 mass % in electrolyte solution, as for content of the said non-aqueous solvent, 80 mass % or more is more preferable, 92 mass % or less is more preferable”); and a second additive which is at least one selected from the group consisting of vinylene carbonate and vinylethylene carbonate (“[p.34] The electrolytic solution of the present disclosure or the electrolytic solution used in the alkali metal secondary battery of the present disclosure further contains, as an additive, a fluorinated saturated cyclic carbonate, an unsaturated cyclic carbonate . . . Examples of the unsaturated cyclic carbonates include vinylene carbonates”.). Yamazaki at [p.22, 26, 34, 58]. Claim 1 requires a first additive represented by Formula 1, shown below: PNG media_image1.png 131 325 media_image1.png Greyscale wherein, in Formula 1 above, R 1 is hydrogen or an alkyl group having 1 to 5 carbon atoms, and n is an integer of 3 to 8, wherein the positive electrode comprises a positive electrode active material of Formula 2 below as a positive electrode active material, [Formula 2] Li x Ni a CoMM i c M 2 d O 2 wherein, in Formula 2 above, M 1 is at least one selected from among Mn and or Al, M 2 is at least one selected from the group consisting of Zr, B, W, Mg, Ce, Hf, Ta, La, Ti, Sr, Ba, F, P, and S, 0.90<x<1.1,0.80<a<1.0,0<b<0.2, 0<c<0.2, and 0<d<0.1. Yamazaki teaches a material having general formula 1 (see below), wherein X is a hydrogen atom or a linear or branched alkyl group having 1 to 20 carbon atoms, and Y is a hydrocarbon group having 1 to carbon atoms, and teaches Rf is a linear or branched C2 to C7 fluorinated alkyl group. Yamazaki at [p.2]. As understood, a C2 to C7 alkyl group includes the terminating CF3 group of a fluorinated alkyl chain. Yamazaki teaches “MNihCoiMnjM5kO2 (3) (Wherein, M is at least one metal selected from the group consisting of Li, Na and K, and M5 is Fe, Cu, Zn, Al, Sn, Cr, V, Ti, Mg, Ca, Sr, B , Ga, In, Si and at least one selected from the group consisting of Ge, (h+i+j+k)=1.0, 0≤h≤1.0, 0≤i≤1.0, 0≤j≤1.5, 0≤k≤0.2.” Id. at [p. 52]. This includes a material LiNi 0.7 Co 0.1 Mn 0.1 Ti 0.1 O 2 , which meets Formula 2 as described above. Id. PNG media_image2.png 238 547 media_image2.png Greyscale General Formula (1) of Yamazaki. Finally, Yamazaki discloses “If necessary, you may mix|blend another additive with the electrolyte solution used by the electrolyte solution of this indication or the alkali metal secondary battery of this indication,” indicating that both the vinylene carbonate and the material of Formula 1 may be used together as a first and second additive. Yamazaki at [p.50]. However, Yamazaki does not teach the negative electrode comprises a carbon material as a negative electrode active material. Hayashi teaches “[0030] Before presenting an embodiment of the present invention, the outline of a configuration according to the present invention will be described first. In the nonaqueous electrolyte secondary battery according to an embodiment of the present invention, a positive electrode active material containing lithium iron phosphate coated with amorphous carbon is used as a negative electrode active material. . . . [0031] In the nonaqueous electrolyte secondary battery according to the present invention, a carbon material, silicon, tin, germanium, aluminum, lithium, or the like material can be used as a constituent material of the negative electrode active material. The advantageous effect of the present invention can be obtained in the case of using any of the foregoing materials. As the carbon material, graphite, soft carbon, hard carbon, coke, or the like can be used.” Hayashi at [0030 – 33]. This “effect” is “[0025] The use of the negative electrode active material containing a carbon material as its main constituent makes it possible to provide a nonaqueous electrolyte secondary battery which has excellent input/output characteristics.” Id. at [0025]. One of ordinary skill in the art before the effective filing date of the claimed invention would find it obvious to modify the battery of Yamazaki such that it comprises a carbon material as a negative electrode active material as in Hayashi, because Hayashi teaches a benefit to input / output characteristics. Claim 1 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 2, Claim 2 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches that X, which corresponds to R1, is hydrogen. Yamazaki at [p.2]. Claim 2 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 3, Claim 3 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches that that Rf may be a C2 to C7 fluorinated alkyl group; this reads upon “the first additive is represented by Formula 1-1 or Formula 1-2 below,” displaying two Formulas 1-1 and 1-2 comprising C6 fluorinated alkyl groups and C9 fluorinated alkyl group respectively, because Yamazaki discloses a C6 fluorinated alkyl group. Yamazaki at [p.2]. PNG media_image3.png 235 447 media_image3.png Greyscale A reproduction of Claim 3’s Formulas 1-1 and 1-2. Claim 3 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 4, Claim 4 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches “it is preferable that the [concentration] of the acrylic acid ester represented by the said General formula (1) is a ratio of 0.01-5 mass % with respect to electrolyte solution whole quantity.” Yamazaki at [p.8]. This reads upon “ [t]he lithium secondary battery of claim 1, wherein the first additive is contained in an amount of 0.1 wt% to 5 wt% with respect to the total weight of the non- aqueous electrolyte.” An overlapping range presents a prima facie case of obviousness. MPEP 2144.05 (I). Claim 4 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 5, Claim 5 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Hayashi teaches “ [0033] Vinylene carbonate (VC), vinylethylene carbonate (VEC), or the like may be added to the nonaqueous solvent of the nonaqueous electrolyte solution. It is to be noted that the additive amount of vinylene carbonate (VC), vinylethylene carbonate (VEC), or the like is preferably adjusted such that the proportion of the additive to the nonaqueous electrolyte solution falls within the range of 0.1 to 5 wt %.” This reads upon “wherein the second additive is contained in an amount of 0.01 wt% to 3 wt% with respect to a total weight of the non- aqueous electrolyte.” An overlapping range presents a prima facie case of obviousness. MPEP 2144.05 (I). Claim 5 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 6, Claim 6 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches “it is preferable that the [concentration] of the acrylic acid ester represented by the said General formula (1) is a ratio of 0.01-5 mass % with respect to electrolyte solution whole quantity.” Yamazaki at [p.8]. Hayashi teaches “ [0033] Vinylene carbonate (VC), vinylethylene carbonate (VEC), or the like may be added to the nonaqueous solvent of the nonaqueous electrolyte solution. It is to be noted that the additive amount of vinylene carbonate (VC), vinylethylene carbonate (VEC), or the like is preferably adjusted such that the proportion of the additive to the nonaqueous electrolyte solution falls within the range of 0.1 to 5 wt %.” These two ranges, when considered together, include embodiments wherein a weight ratio of the first additive and the second additive is 1:0.002 to 1:30; for example, 0.1% first additive / 3 second additive 3%. Claim 6 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 7, Claim 7 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches “[p.27] In this case, the ratio of the organolithium salt with respect to the total 100 mass % of the electrolytic solution is preferably 0.1 mass % or more, particularly preferably 0.5 mass % or more, and preferably 30 mass % or less, particularly preferably 20 mass% or less. . . The total molar concentration of lithium in the electrolytic solution is preferably 0.3 mol/L or more, more preferably 0.4 mol/L or more, and still more preferably from the viewpoint of ensuring good battery performance by setting the electrical conductivity of the electrolytic solution within a good range. is 0.5 mol/L or more, preferably 3.0 mol/L or less, more preferably 2.5 mol/L or less, still more preferably 2.0 mol/L or less.” This reads upon “the lithium secondary battery of claim 1, wherein the lithium salt is contained in a concentration of 0.1 M to 4 M” because the source of lithium is taught to be the salt, and the two ranges combined present an embodiment wherein the lithium salt is 0.4 M. Claim 7 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 8, Claim 8 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches “[p.33] specific examples of the saturated cyclic sulfonic acid ester include 1,3-propane sultone.” This reads upon “the non- aqueous electrolyte further comprises at least one third additive selected from the group consisting of . . . a sultone-based compound.” Claim 8 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 9, Claim 9 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches multiple additives may be used in combination. Hayashi teaches the use of vinylene carbonate and vinylene carbonate; this reads upon “the second additive comprises vinylene carbonate and vinylene carbonate.” Claim 9 is obvious over Yamazaki, in view of Hayashi. Regarding Claim 10, Claim 10 relies upon Claim 1. Claim 1 is obvious over modified Yamazaki. Yamazaki teaches that “Specific examples of the unsaturated cyclic sulfonic acid ester include 1-propene-1,3-sultone”. Yamazaki at [p.33]. This reads upon “the non-aqueous electrolyte further comprises at least one third additive selected from propene sultone.” Claim 10 is obvious over Yamazaki, in view of Hayashi. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISHNA RAJAN HAMMOND whose telephone number is (571)272-9997. The examiner can normally be reached 9:00 - 6:30 PM M-F. 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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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. /K.R.H./Examiner , Art Unit 1725 /NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725 Application/Control Number: 18/575,000 Page 2 Art Unit: 1725 Application/Control Number: 18/575,000 Page 3 Art Unit: 1725 Application/Control Number: 18/575,000 Page 4 Art Unit: 1725 Application/Control Number: 18/575,000 Page 5 Art Unit: 1725 Application/Control Number: 18/575,000 Page 6 Art Unit: 1725 Application/Control Number: 18/575,000 Page 7 Art Unit: 1725 Application/Control Number: 18/575,000 Page 8 Art Unit: 1725 Application/Control Number: 18/575,000 Page 9 Art Unit: 1725 Application/Control Number: 18/575,000 Page 10 Art Unit: 1725 Application/Control Number: 18/575,000 Page 11 Art Unit: 1725
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