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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, line 11 of instant claim 1 requires that only one of R1 and R4 comprises a fluorine atom. This is indefinite as it is not clear if only one or R1 and R4 can be a fluorine atom or if one of R1 and R4 is required to be a fluorine atom. For the purpose of examination, examiner will consider that neither R1 or R4 is required to be a fluorine atom with the caveat that only one of R1 and R4 can be a fluorine atom. Additionally, claim 1 is indefinite insofar as Formula I does not require an R4 and as such, any limitation of R4 is not clear. For the purpose of examination, examiner will consider only R3 to be required.
Regarding claim 4, the instant claim required R3 to be a fluorine atom or a hydrogen atom, optionally a fluorine atom. This is not clear and examiner requests an amendment due to the redundant optional limitation. For the purpose of examination, examiner will consider R3 being a fluorine atom or a hydrogen atom to meet the claim.
Regarding claim 8, the instant claim requires the solvent to comprise at least 20wt%, more optionally at least 60 wt% of the compound of formula I. As written, it is not clear that the claim requires at least 20 wt% of the compound of formula I and optionally at least 60 wt% of the compound of formula I. Examiner recommends either adding a comma after the 60 wt% to read “at least 20 wt%, more optionally at least 60 wt%, of the compound of formula I” or amending to read “at least 20 wt% of the compound of formula I, more optionally at least 60 wt% of the compound of formula I” for clarity.
Regarding claim 10, the instant claim recites the limitation "the additive" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, examiner will consider instant claim 10 to depend from instant claim 9 which originates the additive limitation. Clarification and an amendment are requested.
Regarding claim 12, the instant claim recites the limitation "the electrolyte salt" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, examiner will consider instant claim 12 to depend from instant claim 10 which originates the electrolyte salt limitation. Clarification and an amendment are requested.
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) 1-9 and 11-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Suguro et al (US 2013/0164603).
Regarding claim 1, Suguro teaches a secondary battery including an electrode assembly with a positive electrode, a negative electrode, and an electrolyte liquid. The negative electrode includes a negative electrode active substance on a negative electrode collector. The electrolyte liquid comprises a fluorine-containing cyclic ether compound (0017). Suguro teaches the electrolyte to include an electrolyte liquid in the form of general formulas 1-5, included below, and considered to read on Formula I (0045-0051).
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150
404
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General Formula 1 wherein R1-R8 are each independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups, at least one of R1 to R8 is a fluorine atom.
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158
396
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General Formula 2 wherein R9-R14 are each independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups, at least one of R9 to R14 is a fluorine atom.
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178
428
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General Formula 3 wherein R15-R24 are each independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups, at least one of R15 to R24 is a fluorine atom.
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154
390
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General Formula 4 wherein R25-R32 are each independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups, at least one of R25 to R32 is a fluorine atom.
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172
380
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General Formula 5 wherein R33-R40 are each independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups, at least one of R33 to R40 is a fluorine atom.
Regarding claim 2, Suguro teaches configurations, as discussed above, wherein the R groups are independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups which meet the instantly claimed limitations of R1 and R2 of Formula I.
Regarding claim 3, Suguro teaches configurations, as discussed above, wherein the R groups are independently a hydrogen atom, a fluorine atom, a fluorine-substituted or non-substituted alkyl groups which meet the instantly claimed limitations of R3 and R4 of Formula I.
Regarding claim 4, Suguro teaches configurations, as discussed above, wherein the R group, situated where instantly claimed R3 is, is a hydrogen atom or fluorine atom which meet the instantly claimed limitation of R3 in Formula I.
Regarding claim 5, Suguro teaches configurations, as discussed above, wherein the R group, situated where instantly claimed R4 is, is a hydrogen atom which meets the instantly claimed limitation of R4 in Formula I.
Regarding claim 6, Formula 1 of Suguro is considered to meet instantly claimed compound I-1 when R3 or R4 is a fluorine atom and the remaining R groups are each hydrogen atoms. Formula 1 of Suguro is considered to meet instantly claimed compound I-9 when R1 or R2 is a fluorine atom and the remaining R groups are each hydrogen atoms. Formula 2 of Suguro is considered to meet instantly claimed compound I-57 when R9 or R10 is a fluorine atom and the remaining R groups are each hydrogen atoms. Formula 5 of Suguro is considered to meet instantly claimed compound I-78 when R37 or R38 is a fluorine atom and the remaining R groups are each hydrogen atoms.
Regarding claim 7, Suguro teaches the electrolyte liquid to include a nonaqueous electrolyte solvent such as propylene carbonate, ethylene carbonate, vinylene carbonate, dimethyl carbonate, diethyl carbonate, and ethyl methyl carbonate (0054-0056).
Regarding claim 8, Suguro teaches the electrolyte liquid to include up to 30 mass% of the fluorine-containing cyclic ether compound based on the electrolyte (0055).
Regarding claim 9, Suguro teaches the electrolyte liquid to include vinylene carbonate (0054-0056).
Regarding claim 11, Suguro teaches the electrolyte to include a lithium salt such as LiPF6, LiAsF6, LiAlCl4, LiClO4, LiBF4, LiSbF6, LiCF3SO3, LiC4F9SO3, Li(CF3SO2)2, LiN(CF3SO2, and LiN(CF3SO2)2 (0054).
Regarding claim 12, Suguro teaches the concentration of the electrolyte salt to be 1mol/L (0068) which is 1M.
Regarding claim 13, Suguro teaches using the electrolyte in a secondary battery (0017 and figure 1).
Regarding claim 14, Suguro teaches the secondary battery to include a negative electrode produced by forming a negative electrode active substance layer containing a negative electrode active substance and a negative electrode biner on a negative electrode collector wherein the negative electrode active substance layer is formed and a thin film of aluminum, nickel, or an alloy thereof is thereafter formed by vapor deposition, sputtering, or the like to obtain the negative electrode collector (0039). It is noted that the optional limitations are not required and, as written, the battery cell comprising a negative electrode plate comprising a current collector is the only required limitation.
Regarding claim 15, Suguro teaches a battery stack (0019 and figure 1).
Regarding claim 16, Suguro teaches the battery being used in an electrical device (0085).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suguro et al (US 2013/0164603).
Regarding claim 10, Suguro teaches the electrolyte liquid to include vinylene carbonate (0054-0056).
Suguro does not explicitly teach the amount of vinylene carbonate, such as the amount claimed.
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to utilize any amount of the vinylene carbonate, such as the instantly claimed 5 wt% or less, dependent upon the desired solvent combination, without undue experimentation and with a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH A SLIFKA whose telephone number is (571)270-5838. The examiner can normally be reached Monday-Friday 9am-5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curtis Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH A. SLIFKA/Primary Examiner, Art Unit 1759 August 28, 2026
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