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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on May 15, 2024 has been considered by the examiner.
Claim Objections
Claim 4 is objected to because of the following informalities: There seems to be a typo Claim 4 line 2. “LIPF6” should be corrected to “LiPF6”. Appropriate correction is required.
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.
Claims 1-9, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2022/0320584, hereinafter He, as applied to claim 1, 5, and 7 above.
Regarding claims 1-3, He teaches a wide operating temperature range secondary lithium-ion battery (‘electrochemical cell 10 may be combined with one or more additional electrochemical cells to form a secondary lithium battery’ [0029]), comprising:
a cathode including lithium nickel manganese cobalt oxide (‘the positive electrode 12 may include an electrochemically active material in the form of a layered high-nickel content lithium nickel cobalt manganese oxide’ [0055]);
an anode including lithium metal (‘the negative electrode 14 may be in the form of a nonporous layer of lithium metal’ [0057]);
at least one porous polymer separator having a porosity from approximately 30% to 90% (‘the porous separator 18 may have a porosity in a range of from 25% to 75%’ [0052], He’s range falls within he claimed range and therefore anticipates); and
a non-aqueous electrolyte (‘electrolyte 16’ [0029] and [0030]), comprising:
two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 (‘the electrolyte 16 includes a combination of the disulfonimide lithium salt and an additional second lithium salt (LiPF6)’ [0050]);
an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure (‘the nonaqueous aprotic organic solvent includes a cyclic carbonate, an acyclic carbonate, and a cosolvent of an acyclic fluorinated ether’ [0031]) (instant claims 1-3); and
an electrolyte additive (‘an anti-corrosion additive’ [0030]);
wherein the electrolyte solvent (‘the nonaqueous aprotic organic solvent’ [[0031]) and the electrolyte additive (‘an anti-corrosion additive’ [0030]) are selected such that they synergistically react together to form a stable solid electrolyte interphase (‘the cyclic carbonate may be selected to facilitate ionization of the lithium salt in the electrolyte 16, as well as formation of a solid electrolyte interphase’ [0040]) having a quantity of inorganic lithium components higher than a quantity of organic lithium components, such that the lithium-ion battery has an operating temperature range of -35℃ to 80℃ (‘the electrolyte 16 is formulated to facilitate the transport of lithium ions between the positive and negative electrodes 12, 14 over a wide range of operating temperatures (e.g., -30C to 60C)’ [0030]; He’s range falls within the claimed range and therefore anticipates. Additionally, one of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.).
“synergistically react together to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components, such that the lithium-ion battery has an operating temperature range of -35C to 80C” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the product of the prior art was made by a different process (MPEP 2113). In this case, given the broadest reasonable interpretation, the final product resulting from the claimed product by process limitation is “the electrolyte solvent and the electrolyte additive wherein the lithium ion battery has an operating temperature range of -35C to 80C”. Art teaching this final product reads on the limitation regardless of the process.
The examiner notes that He does not includes all the claimed particulars in one specific example and is therefore not anticipated. However, it would have been obvious to select from the finite number of options in each of the electrolyte solvent and electrolyte salt lists with an expectation that each material in each list will perform its function as described and are therefore considered art recognized equivalents for that purpose, barring evidence to the contrary (MPEP 2144.05).
Regarding claim 4, He teaches the wide operating temperature range secondary lithium-ion battery of claim 1 ([0029]), wherein the concentration of LiPF6 ranges from 0.5 to 1.5M (‘the overall lithium salt concentration in the electrolyte 16 may be about 1.2M’ [0049]; this value falls within the claimed range and therefore anticipates).
Regarding claim 5, He teaches the wide operating temperature range secondary lithium-ion battery of claim 1, wherein the electrolyte solvent is a combination of materials selected from ethylene carbonate, diethyl carbonate, or ethyl methyl carbonate (‘the cyclic carbonate may be ethylene carbonate’ and ‘the acyclic carbonate may be at least one of diethyl carbonate or ethyl methyl carbonate’ [0041-0043]).
Regarding claim 6, He teaches a secondary lithium-ion battery [0029], comprising: a cathode including lithium nickel manganese cobalt oxide [0055]; an anode including lithium metal [0057]; at least one porous polymer separator having a porosity from approximately 30% to 90% [0052]; and a non-aqueous electrolyte ([0029] and [0030]). The non-aqueous electrolyte comprises two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 [0050]; an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure [0031]; and an electrolyte additive [0030]. A solid electrolyte interphase is formed [0040] such that the lithium-ion battery has an operating temperature range of -35C to 80C [0030]. One of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.
However, He fails to teach the electrolyte solvent of ethylene carbonate having a volume percentage concentration of 5-50%.
He teaches that the cyclic carbonate may comprise of ethylene carbonate and can account for, by volume, greater than 5% and less than 95% of the nonaqueous aprotic organic solvent [0041]. This demonstrates an overlap in ranges taught. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a Prima facie case of obviousness exists (MPEP 2144.05).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the same invention to have tried the finite number of identified, predictable solutions for the volume percent of ethylene carbonate in the solvent (MPEP 2144.05).
Regarding claim 7, He teaches the wide operating temperature range secondary lithium-ion battery of claim 1, wherein the electrolyte additive is lithium difluoro(oxalate)borate (‘the anti-corrosion additive may be lithium difluoro(oxalate)borate’ [0051]).
Regarding claim 8, He teaches He a secondary lithium-ion battery [0029], comprising: a cathode including lithium nickel manganese cobalt oxide [0055]; an anode including lithium metal [0057]; at least one porous polymer separator having a porosity from approximately 30% to 90% [0052]; and a non-aqueous electrolyte ([0029] and [0030]). The non-aqueous electrolyte comprises two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 [0050]; an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure [0031]; and an electrolyte additive [0030]. A solid electrolyte interphase is formed [0040] such that the lithium-ion battery has an operating temperature range of -35C to 80C [0030]. One of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.
However, He fails to teach the electrolyte additive having a volume percentage concentration of 0-5%.
He teaches that the anti-corrosion additive may comprise lithium difluoro(oxalate)borate that has a weight percent of 0.1%-5% of the electrolyte 16 [0051]. This demonstrates an overlap in ranges taught. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a Prima facie case of obviousness exists (MPEP 2144.05).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have tried the finite number of identified, predictable solutions for the amount of additive in the electrolyte (MPEP 2144.05). One of ordinary skill in the art would appreciate that weight percent and volume percent are directly related to each other and will behave in a similar manner when optimized.
Regarding claim 9, He teaches a secondary lithium-ion battery [0029], comprising:
a cathode including lithium nickel manganese cobalt oxide [0055]; an anode including lithium metal [0057]; at least one porous polymer separator having a porosity from approximately 30% to 90% [0052]; and a non-aqueous electrolyte ([0029] and [0030]). The non-aqueous electrolyte comprises two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 [0050]; an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure [0031]; and an electrolyte additive [0030]. A solid electrolyte interphase is formed [0040] such that the lithium-ion battery has an operating temperature range of -35C to 80C [0030]. One of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.
However, He fails to teach the two or more lithium salts further comprising one or more 0.1-1M of LiTFSI, 0.1-1M of LiFSI, and 0.1-1M of LiBF4.
He teaches that the lithium salts in the electrolyte 1 may consist essentially of the disulfonimide lithium salt and/or at lest one of LiClO4, LiBF4, or LiPF6. And overall, the lithium salt concentration in the electrolyte 16 may be greater than 0.5M and less than 2.0M [0049]. The amount of the disulfonimide lithium salt in the electrolyte 16 may be less than the amount of the additional second lithium salt in the electrolyte 16 [0050]. This demonstrates an overlap in ranges taught. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a Prima facie case of obviousness exists (MPEP 2144.05).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have tried the finite number of identified, predictable solutions for the concentration of salt in the electrolyte (MPEP 2144.05).
Regarding claims 15-19, He teaches a secondary lithium-ion battery [0029], comprising:
a cathode including lithium nickel manganese cobalt oxide [0055]; an anode including lithium metal [0057]; at least one porous polymer separator having a porosity from approximately 30% to 90% [0052]; and a non-aqueous electrolyte ([0029] and [0030]). The intercalation host material of the positive electrode 12 may comprise a layered oxide represented by the formula LiMeO2 or an olivine-type oxide represented by the formula LiMePO4 where Me is a transition metal (e.g., Co, Ni, Mn, Fe, Al, V, or a combination thereof) [0054]. The non-aqueous electrolyte comprises two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 [0050]; an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure [0031]; and an electrolyte additive [0030]. A solid electrolyte interphase is formed [0040] such that the lithium-ion battery has an operating temperature range of -35C to 80C [0030]. One of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.
However, He fails to explicitly teach that the battery is able to discharge at 1-3C under -35oC with a voltage of higher than or equal to 3V after 5.5 years of storage with a temperature exceeding 40oC.
Because He teaches the same cathode, anode, separator, and electrolyte as claimed in claim 1, it is expected to have the same claimed properties and functions when discharged. Therefore, the battery of He will discharge at 1-3C under -35oC with a voltage of higher than or equal to 3V after 5.5 years of storage with a temperature exceeding 40oC. “Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary” (MPEP 2112.01).
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2022/0320584, hereinafter He, as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication No. 2017/0365852, hereinafter Araki.
Regarding claims 10-14, He teaches a secondary lithium-ion battery [0029], comprising:
a cathode including lithium nickel manganese cobalt oxide [0055]; an anode including lithium metal [0057]; at least one porous polymer separator having a porosity from approximately 30% to 90% [0052]; and a non-aqueous electrolyte ([0029] and [0030]). The non-aqueous electrolyte comprises two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 [0050]; an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure [0031]; and an electrolyte additive [0030]. A solid electrolyte interphase is formed [0040] such that the lithium-ion battery has an operating temperature range of -35C to 80C [0030]. One of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.
However, He fails to teach what the inorganic and organic lithium components of the solid electrolyte interphase comprise of (instant claim 10) nor does it teach that lithium fluoride has a significantly higher intensity under X-ray photoelectron spectroscopy (instant claims 11-14).
Araki teaches a battery with a separator disposed between a positive and negative electrode [0093] where the separator has a porosity of greater than 50% [0095]. The positive and negative electrode materials are not particularly limited and may be appropriately selected depending on the intended purpose ([0022] and [0059]). The battery also contains a non-aqueous electrolyte that is formed by dissolving an electrolyte salt in a non-aqueous solvent [0078]. The non-aqueous solvent is preferably an aprotic organic solvent such as the cyclic carbonate ethylene carbonate [0079-0083] and the electrolyte salt such as LiPF6 but is not particularly limited as long as it exhibits high ion conductivity when dissolved [0091]. When the electrolyte decomposes, it forms a solid electrolyte interface [0039]. Some examples of the solid electrolyte interface material includes lithium fluoride, lithium carbonate, lithium oxide, organic lithium compounds, and organic polymers (instant claim 10). Among the above-listed examples, lithium fluoride is preferable because lithium fluoride has high stability [0042]. The formation of the solid electrolyte interface material can be confirmed by observing peaks in X-ray photoelectron spectroscopy [0043] (instant claims 11-14).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have the solid electrolyte interface of He with the claimed materials of Araki it suppresses generation of gas without impairing properties of a storage element [0045]. Additionally, due to the high stability of lithium fluoride, it would have been obvious to optimize the amount of lithium fluoride in the solid electrolyte interface, which would result in ranges that overlap with the claimed ranges of peaks in the X-ray photoelectron spectroscopy.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2022/0320584, hereinafter He, as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication No. 2024/0213475, hereinafter Tsay.
Regarding claim 20, He teaches a secondary lithium-ion battery [0029], comprising:
a cathode including lithium nickel manganese cobalt oxide [0055]; an anode including lithium metal [0057]; at least one porous polymer separator having a porosity from approximately 30% to 90% [0052]; and a non-aqueous electrolyte ([0029] and [0030]). The non-aqueous electrolyte comprises two or more lithium salts, wherein at least one of the two or more lithium salts includes LiPF6 [0050]; an electrolyte solvent including one or more solvents including carbonates, carboxylate esters with an asymmetric molecule structure [0031]; and an electrolyte additive [0030]. A solid electrolyte interphase is formed [0040] such that the lithium-ion battery has an operating temperature range of -35C to 80C [0030]. One of ordinary skill in the art would appreciate that if the battery has the same claimed operating temperature and the claimed salts, solvents, and additives are present in the electrolyte, they will react as such to form a stable solid electrolyte interphase having a quantity of inorganic lithium components higher than a quantity of organic lithium components.
However, He fails to explicitly teach a battery having a storage temperature ranging from -35oC to 85oC.
Tsay teaches a rechargeable lithium battery that includes a positive electrode, a negative electrode, and a separator that is impregnated with an electrolyte. The electrolyte includes a non-aqueous organic solvent, a lithium salt, and an additive [0066]. The positive electrode active material may include lithium and one or more composite oxides of a metal selected from cobalt, manganese, nickel, and a combination thereof [0100]. The negative electrode active material may include graphite, silicon, or a combination thereof [0119]. The lithium salt dissolved in the non-organic solvent includes at least one selected from LiPF6, LiBF4, and LiDFOB [0095] and the non-aqueous organic solvent may be a carbonate-based solvent including ethylene carbonate [0090]. The non-aqueous electrolyte can decompose to form a film at the surfaces of the electrode of the battery. This film improves or enhances the high-temperature storage characteristics of the rechargeable lithium battery. The term “high-temperature storage” refers to storage at a temperature greater than room temperature (e.g., 30C, 40C, 60C, 80C, or more) for at least 30 days [0067]. This demonstrates an overlap in ranges taught. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a Prima facie case of obviousness exists (MPEP 2144.05).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have used the battery of He with the high temperature storage of Tsay it is an indicator that the electrolyte is suppressing or reducing an increase in the resistance of the battery during storage while improving the room-temperature cycle-life characteristics of the battery [0006].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mia K Holbrook whose telephone number is (571)272-9253. The examiner can normally be reached Monday - Friday 7:30-5.
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/M.K.H./Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
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