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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/28/24 and 4/7/26 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
The drawings were received on 2/28/24. These drawings are acceptable.
Claim Rejections - 35 USC § 103
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 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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0295289 A1 (US'289) in view of JP 6460381 B2 (JP'381).
As to Claim 1:
US'289 discloses a secondary battery comprising: a negative electrode (US'289, [0008], [0028]–[0042], [0086]); a positive electrode (US'289, [0008], [0043]–[0051], [0085]); and an electrolyte containing a lithium salt and a phosphate ester (US'289, [0008], [0011], [0021]–[0025], [0088]), wherein the lithium salt includes at least one selected from a group consisting of lithium bis (trifluoromethanesulfonyl) imide, lithium bis (fluorosulfonyl) imide, lithium difluorooxalate borate, lithium bisoxalate borate, and lithium triflate (US'289, [0025], [0068]).
However, US'289 does not explicitly disclose that the electrolyte contains water, nor does it disclose the electrolyte containing the water in an amount of 150 ppm or more and 30,000 ppm or less in terms of mass.
JP'381 discloses a lithium secondary battery comprising an electrolytic solution having an electrolyte salt and water, wherein the electrolyte contains water in an amount of 800 ppm or less, preferably 50 ppm to 800 ppm, and more preferably 200 ppm to 800 ppm in terms of mass ratio (JP'381, Pg. 2). Furthermore, JP'381 specifically exemplifies secondary batteries wherein the amount of water contained in the electrolytic solution is 323 ppm in Example 1 (JP'381, Pg. 4), 623 ppm in Example 2 (JP'381, Pg. 5), 800 ppm in Example 3 (JP'381, Pg. 5), 1,131 ppm in Reference Example 1 (JP'381, Pg. 5), and 1,696 ppm in Reference Example 2 (JP'381, Pg. 5), each falling within the claimed range of 150 ppm or more and 30,000 ppm or less in terms of mass.
US'289 and JP'381 are analogous arts because they both pertain to the field of lithium secondary batteries and address the common technical problem of controlling electrolyte composition, stability, and electrode interface characteristics to achieve high battery performance and cycle lifetime.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the water content of 50 ppm to 800 ppm (and specifically 200 ppm to 800 ppm) as taught by JP'381 into the secondary battery electrolyte containing a phosphate ester and a lithium salt of US'289, because JP'381 teaches that completely removing water from an electrolytic solution requires excessive drying energy and causes high manufacturing costs, whereas maintaining a controlled, minuscule amount of water of 800 ppm or less (such as 200 ppm to 800 ppm) simplifies manufacturing and reduces costs while suppressing an increase in internal resistance of the battery (JP'381, Pg. 2).
As to Claim 2:
US'289 discloses the secondary battery according to claim 1 (see the rejection of Claim 1); and wherein the electrolyte contains at least one selected from a group consisting of a nitrile compound, an isocyanate compound, a compound having an amide group, a carbonate ester, and a fluorinated carbonate ester, wherein the nonaqueous solvent of the electrolyte contains a second solvent comprising a carbonate ester selected from the group consisting of propylene carbonate (PC), ethylene carbonate (EC), butylene carbonate (BC), and diethyl carbonate (DEC) (US'289, [0016], [0024], [0088]).
However, as discussed in the rejection of Claim 1, US'289 does not explicitly disclose that the electrolyte contains water in an amount of 150 ppm or more and 30,000 ppm or less in terms of mass.
JP'381 discloses a lithium secondary battery comprising an electrolytic solution containing water and an electrolyte salt, wherein the amount of water in the electrolytic solution is 800 ppm or less, preferably 50 ppm to 800 ppm, and more preferably 200 ppm to 800 ppm in terms of mass ratio (JP'381, Pg. 2). Furthermore, JP'381 specifically exemplifies secondary batteries wherein the amount of water contained in the electrolytic solution is 323 ppm in Example 1 (JP'381, Pg. 4), 623 ppm in Example 2 (JP'381, Pg. 5), and 800 ppm in Example 3 (JP'381, Pg. 5), each of which falls within the claimed range of 150 ppm or more and 30,000 ppm or less in terms of mass. (JP'381 also discloses cyclic and chain carbonate esters, such as ethylene carbonate, methyl ethyl carbonate, and dimethyl carbonate, as solvents for the electrolytic solution (JP'381, Pg. 2)).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the water content of 50 ppm to 800 ppm (and specifically 200 ppm to 800 ppm) as taught by JP'381 into the secondary battery electrolyte containing a phosphate ester, a lithium salt, and a carbonate ester of US'289, because JP'381 teaches that completely removing water from an electrolytic solution requires excessive drying energy and causes high manufacturing costs, whereas maintaining a controlled, minuscule amount of water of 800 ppm or less (such as 200 ppm to 800 ppm) simplifies manufacturing and lowers costs while effectively suppressing an increase in internal resistance of the battery (JP'381, Pg. 2).
As to Claim 3:
US'289 discloses the secondary battery according to claim 1 (see the rejection of Claim 1) (US'289, [0008], [0011], [0021]–[0025], [0028]–[0051], [0068], [0085]–[0088]); and an electrolyte comprising lithium salts including
LiB
OCO
2
2
(LiBOB, containing boron (B)) and
LiPF
6
(containing phosphorus (P) and fluorine (F)) that decrease film resistance on the negative electrode (US'289, [0025]).
However, as discussed in the rejection of Claim 1, US'289 does not explicitly disclose that the electrolyte contains water in an amount of 150 ppm or more and 30,000 ppm or less in terms of mass, nor does it explicitly confirm that the negative electrode contains at least one element selected from F, P, B, N, and S on a surface thereof.
JP'381 discloses a lithium secondary battery comprising an electrolytic solution containing water and a fluoride electrolyte salt (such as
LiPF
6
or
LiN
CF
3
SO
2
2
), wherein the amount of water in the electrolytic solution is 800 ppm or less, preferably 50 ppm to 800 ppm, and more preferably 200 ppm to 800 ppm in terms of mass ratio (JP'381, Pg. 2), and specifically exemplifies working secondary batteries wherein the water content of the electrolytic solution is 323 ppm in Example 1 (JP'381, Pg. 4), 623 ppm in Example 2 (JP'381, Pg. 5), and 800 ppm in Example 3 (JP'381, Pg. 5), each falling within the claimed range of 150 ppm or more and 30,000 ppm or less in terms of mass. Furthermore, JP'381 explicitly teaches that when the electrolyte contains moisture and a fluoride salt, HF is generated by the reaction between the fluoride and water, Li and HF react to generate LiF, and "LiF is deposited on the negative electrode to form a film," thereby explicitly disclosing that the negative electrode contains fluorine (F) on a surface thereof (JP'381, Pg. 2).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the water content of 50 ppm to 800 ppm (and specifically 200 ppm to 800 ppm) as taught by JP'381 into the secondary battery electrolyte containing a phosphate ester and a fluoride lithium salt of US'289, because JP'381 teaches that maintaining a controlled, minuscule amount of water of 800 ppm or less (such as 200 ppm to 800 ppm) in the presence of a fluoride salt avoids the excessive energy and high manufacturing costs of complete dehydration while reacting to form a protective LiF film deposited on the negative electrode surface that suppresses resistance increase and protects the electrode interface (JP'381, Pg. 2).
As to Claim 4:
US'289 discloses the secondary battery according to claim 1 (see the rejection of Claim 1) (US'289, [0008], [0011], [0021]–[0025], [0028]–[0051], [0068], [0085]–[0088]); and wherein the electrolyte contains 30 mass or more and 70 mass or less of the phosphate ester, wherein US'289 teaches that the content of the phosphate ester (first solvent) in the nonaqueous solvent is within a range of 30 to 90% by volume, and more preferably within a range of 40% by volume or more and 80% by volume or less (US'289, [0016], [0022], [0066]), and explicitly exemplifies secondary battery electrolyte solutions containing 30% by volume phosphate ester in Example 3 (US'289, [0089], Table 1), 50% by volume phosphate ester in Examples 17–28, 30, and 32 (US'289, [0089], [0101], [0102], Table 2, Table 5), and 60% by volume phosphate ester in Examples 2 and 31 (US'289, [0089], [0101], Table 1, Table 5).
As to Claim 5:
US'289 discloses the secondary battery according to claim 1 (see the rejection of Claim 1); and wherein the negative electrode contains at least one titanium-containing oxide selected from a group consisting of titanium oxide, lithium titanium oxide, monoclinic niobium titanium oxide, and orthorhombic titanium-containing composite oxide, wherein US'289 explicitly teaches that the negative electrode active material contains at least one titanium-containing oxide selected from the group consisting of titanium oxide (such as anatase
TiO
2
and monoclinic
TiO
2
B
), lithium titanium oxide (such as spinel
Li
4
+
x
Ti
5
O
12
and ramsdellite
Li
2
+
x
Ti
3
O
7
), and niobium titanium composite oxide (such as monoclinic
Li
x
Nb
2
TiO
7
,
Li
x
Nb
2
Ti
2
O
9
,
Li
x
NbTiO
5
, and
Li
x
Ti
1
-
y
Nb
y
Nb
2
O
7
+
σ
) (US'289, [0008], [0017], [0030]–[0033], Claims 7, 12).
As to Claim 6:
US'289 discloses the secondary battery according to claim 1 (see the rejection of Claim 1); and wherein the negative electrode contains carbonaceous materials including graphite (US'289, [0003], [0013]).
As to Claim 7:
US'289 discloses the secondary battery according to claim 1 (see the rejection of Claim 1) (US'289, [0008], [0011], [0021]–[0025], [0028]–[0051], [0068], [0085]–[0088]); and a battery pack comprising the secondary battery according to claim 1, wherein US'289 explicitly teaches a battery pack comprising the nonaqueous electrolyte secondary battery as a unit cell (US'289, [0010], [0072]–[0083], FIGS. 2–3, Claims 8, 13).
As to Claim 8:
US'289 discloses the battery pack comprising the secondary battery according to claim 7 (see the rejection of Claim 7) (US'289, [0010], [0072]–[0083], FIGS. 2–3); and further comprising an external power distribution terminal and a protective circuit, wherein US'289 explicitly teaches that a printed wiring board of the battery pack has mounted thereon an energizing terminal to an external instrument (an external power distribution terminal) and a protective circuit configured to detect unit cell conditions (such as temperature, overcharge, overdischarge, or overcurrent) and shut down wiring to the external energizing terminal under predetermined abnormal conditions (US'289, [0075]–[0077], FIG. 3).
As to Claim 9:
US'289 discloses the battery pack according to claim 7 (see the rejection of Claim 7) (US'289, [0010], [0072]–[0083], FIGS. 2–3); and further comprising plural of the secondary battery, the secondary batteries being electrically connected in series, in parallel, or in combination of in-series connection and in-parallel connection, wherein US'289 explicitly teaches that the battery pack comprises a plurality of unit cells 21 that are series-connected, connected in parallel, or formed by combining series connection and parallel connection (US'289, [0072], [0074], [0081], FIG. 3).
As to Claim 10:
US'289 discloses the battery pack comprising the secondary battery according to claim 7 (see the rejection of Claim 7) (US'289, [0010], [0072]–[0083], FIGS. 2–3); and teaches using the battery pack as an onboard battery for vehicles such as two- or four-wheel hybrid electric vehicles and electric vehicles (US'289, [0004], [0082]).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0295289 A1 (US'289) in view of JP 6460381 B2 (JP'381), and further in view of US 11139463 B2 (US'463).
As to Claim 11:
US'289 discloses the vehicle comprising the battery pack according to claim 10 (see the rejection of Claim 10) (US'289, [0004], [0010], [0072]–[0083], FIGS. 2–3); and teaches that the battery pack is used as an onboard power source for vehicles such as two- or four-wheel hybrid electric vehicles and electric vehicles (US'289, [0004], [0082]).
However, as discussed in the rejection of Claim 1 (from which Claims 7, 10, and 11 depend), US'289 does not explicitly disclose that the electrolyte of the secondary battery contains water in an amount of 150 ppm or more and 30,000 ppm or less in terms of mass, nor does US'289 explicitly disclose that the vehicle comprises a mechanism configured to convert kinetic energy of the vehicle into regenerative energy.
JP'381 discloses a lithium secondary battery comprising an electrolytic solution containing water and an electrolyte salt, wherein the amount of water in the electrolytic solution is 800 ppm or less, preferably 50 ppm to 800 ppm, and more preferably 200 ppm to 800 ppm in terms of mass ratio (JP'381, Pg. 2), and specifically exemplifies working secondary batteries wherein the water content of the electrolytic solution is 323 ppm in Example 1 (JP'381, Pg. 4), 623 ppm in Example 2 (JP'381, Pg. 5), and 800 ppm in Example 3 (JP'381, Pg. 5), each falling within the claimed range of 150 ppm or more and 30,000 ppm or less in terms of mass (JP'381 also mentions connecting secondary batteries to form an assembled battery pack for use in electric or hybrid vehicles (JP'381, Pg. 3)). Additionally, US'463 discloses a vehicle comprising a battery pack (US'463, Pgs. 1, 7–8, FIG. 8, Claim 13), wherein the vehicle further comprises a mechanism configured to convert kinetic energy of the vehicle into regenerative energy (US'463, Pgs. 7–8, Claim 11), specifically teaching that the vehicle includes a regenerative brake mechanism that rotates a drive motor when the vehicle is braked, converts kinetic energy of the vehicle into regenerative electrical energy, and inputs the recovered electrical energy into the battery pack to recharge the battery pack (US'463, Pgs. 7–8).
US'289, JP'381, and US'463 are analogous arts because each reference belongs to the technical field of lithium secondary batteries, battery packs, and vehicle power systems, and each addresses the common technical challenges of controlling electrolyte formulation and moisture content to maintain battery stability and integrating secondary battery packs into automotive vehicles with energy recovery systems to optimize overall vehicle energy efficiency and driving performance.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the water content of 50 ppm to 800 ppm (and specifically 200 ppm to 800 ppm) as taught by JP'381 into the secondary battery unit cells of the battery pack of US'289, and to equip the vehicle comprising the battery pack with a mechanism configured to convert kinetic energy into regenerative energy as taught by US'463, because JP'381 teaches that maintaining a controlled, minuscule water content of 800 ppm or less simplifies manufacturing and lowers costs while suppressing battery internal resistance increases (JP'381, Pg. 2), and US'463 teaches that providing a vehicle with a regenerative brake mechanism to convert kinetic energy into electrical energy efficiently recharges the onboard battery pack during braking, thereby improving the vehicle's energy recovery and overall operational efficiency (US'463, Pgs. 7–8).
As to Claim 12:
US'289 discloses the battery pack comprising the secondary battery according to claim 7 (see the rejection of Claim 7) (US'289, [0010], [0072]–[0083], FIGS. 2–3); and teaches using the battery as a stationary large battery (US'289, [0004]).
However, as discussed in the rejection of Claim 1 (from which Claims 7 and 12 depend), US'289 does not explicitly disclose that the electrolyte of the secondary battery contains water in an amount of 150 ppm or more and 30,000 ppm or less in terms of mass, nor does US'289 explicitly show a structural arrangement of a stationary power supply comprising the battery pack installed therein.
JP'381 discloses a lithium secondary battery comprising an electrolytic solution containing water and an electrolyte salt, wherein the amount of water in the electrolytic solution is 800 ppm or less, preferably 50 ppm to 800 ppm, and more preferably 200 ppm to 800 ppm in terms of mass ratio (JP'381, Pg. 2), and specifically exemplifies working secondary batteries wherein the water content of the electrolytic solution is 323 ppm in Example 1 (JP'381, Pg. 4), 623 ppm in Example 2 (JP'381, Pg. 5), and 800 ppm in Example 3 (JP'381, Pg. 5), each falling within the claimed range of 150 ppm or more and 30,000 ppm or less in terms of mass (JP'381 also mentions using assembled battery packs in stationary power storage devices (JP'381, Pg. 3)). Additionally, US'463 discloses a stationary power supply comprising a battery pack (US'463, Pgs. 1–2, 8, FIG. 9, Claim 14), wherein the stationary power supply (112, 123) has the battery pack (300A, 300B) installed therein to store electric power supplied from an electric power plant or customer-side electric power system and supply the stored electric power across an electric power network (US'463, Pg. 8).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the water content of 50 ppm to 800 ppm (and specifically 200 ppm to 800 ppm) as taught by JP'381 into the secondary battery unit cells of the battery pack of US'289, and to install the resulting battery pack into a stationary power supply as taught by US'463, because JP'381 teaches that maintaining a controlled, minuscule water content of 800 ppm or less simplifies manufacturing and lowers costs while suppressing battery internal resistance increases (JP'381, Pg. 2), and US'463 teaches that installing such battery packs into a stationary power supply connected to an electric power network provides reliable, high-capacity electrical power storage and stabilized power distribution across the power network (US'463, Pg. 8).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over US 2014/0295289 A1 (US'289) in view of JP 6460381 B2 (JP'381), and further in view of US 2014/0162117 A1 (US'117).
As to Claim 13:
US'289 discloses a method for producing the secondary battery according to claim 1 (see the rejection of Claim 1) (US'289, [0008], [0011], [0021]–[0025], [0028]–[0051], [0068], [0085]–[0088]); preparing the negative electrode (US'289, [0042], [0086]); preparing the positive electrode (US'289, [0051], [0085]); preparing the electrolyte (US'289, [0021]–[0026], [0088]); preparing a container member (US'289, [0055]–[0059], [0087]); housing the negative electrode and the positive electrode in the container member (US'289, [0059], [0087]); and putting in the electrolyte into the container member (US'289, [0088]).
However, as discussed in the rejection of Claim 1, US'289 does not explicitly disclose that the electrolyte contains water in an amount of 150 ppm or more and 30,000 ppm or less in terms of mass, nor does US'289 disclose that the putting in the electrolyte is performed under an environment of a dew point of
-
20
∘
C
or more and
0
∘
C
or less.
JP'381 discloses a lithium secondary battery comprising an electrolytic solution containing water and an electrolyte salt, wherein the amount of water in the electrolytic solution is 800 ppm or less, preferably 50 ppm to 800 ppm, and more preferably 200 ppm to 800 ppm in terms of mass ratio (JP'381, Pg. 2), and specifically exemplifies working secondary batteries wherein the water content of the electrolytic solution is 323 ppm in Example 1 (JP'381, Pg. 4), 623 ppm in Example 2 (JP'381, Pg. 5), and 800 ppm in Example 3 (JP'381, Pg. 5), each falling within the claimed range of 150 ppm or more and 30,000 ppm or less in terms of mass. Additionally, US'117 discloses a method for producing a nonaqueous electrolyte secondary battery (US'117, [0011]–[0017], [0066]–[0075], [0081]–[0095], Claim 9), comprising preparing a negative electrode, preparing a positive electrode, preparing a container member, housing an electrode group in the container member, and injecting (putting in) the electrolyte into the container member (US'117, [0070]–[0074], [0081]–[0094]), wherein the putting in the electrolyte is performed under an environment of a dew point of
-
20
∘
C
or more and
0
∘
C
or less, explicitly teaching that battery assembly and injecting the electrolyte into the container is carried out in air under an atmosphere having a dew point of
-
15
∘
C
(specifically reciting an atmosphere of a dew point of
-
15
∘
C
or less, and exemplifying battery assembly and electrolyte injection in air having a dew point of
-
15
∘
C
) (US'117, [0017], [0075], [0094]–[0095], Claim 9).
US'289, JP'381, and US'117 are analogous arts because each reference belongs to the technical field of lithium secondary batteries and methods for manufacturing the same, and each addresses the common technical challenges of controlling electrolyte composition and environmental moisture levels during battery assembly and filling to prevent gas generation, suppress internal resistance increases, and enhance battery cycle life.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the water content of 50 ppm to 800 ppm (and specifically 200 ppm to 800 ppm) as taught by JP'381 into the electrolyte of the secondary battery of US'289, and to perform the step of putting the electrolyte into the container member housing the electrodes under an atmosphere having a dew point of
-
15
∘
C
as taught by US'117, because JP'381 teaches that maintaining a controlled, minuscule water content of 800 ppm or less simplifies manufacturing and lowers costs while suppressing battery internal resistance increases (JP'381, Pg. 2), and US'117 teaches that assembling the battery and injecting the electrolyte under an atmosphere of a dew point of
-
15
∘
C
prevents excessive moisture adsorption onto active materials while eliminating the substantial equipment and energy costs required to maintain ultra-dry assembly conditions (such as dew points of
-
70
∘
C
or less) (US'117, [0060], [0067]–[0070], [0075], [0095]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 0398689 A2 discloses a nonaqueous electrolyte contained in the case (1) and prepared by dissolving an electrolytic salt consisting of lithium phosphate hexafluoride (LiPF6) or lithium borofluoride (LiBF4) in a solvent mixture consisting of ethylene carbonate, 2-methyltetrahydrofuran, and at least one ester-based nonaqueous solvent.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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, Tong Guo can be reached at (571) 272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/Primary Examiner, Art Unit 1723
Prosecution Insights