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 § 102
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawakami et al. (hereinafter “Kawakami”) (U.S. Pub. No. 2014/0038062 A1, cited by Applicant).
Regarding claims 1, 7, 13, 14 and 18, Kawakami teaches a nonaqueous electrolytic solution secondary battery comprising a negative electrode, a positive electrode, and a nonaqueous electrolytic solution (see paragraph 522).
The positive electrode active material may comprise a lithium transition metal composite oxide having a median particle size d50 of, for example, 1 µm (see paragraphs 706, 707, 722 and 723).
The nonaqueous electrolytic solution which contains at least two lithium salts and a nonaqueous solvent capable of dissolving these salts (paragraph 220). The first lithium salt is lithium fluorosulfonate salt (see paragraph 221). The second lithium salt may be an inorganic lithium salt such as LiPF6 (see paragraph 228).
As a nonaqueous solvent capable of dissolving the lithium salts, one alone or two or more different types of nonaqueous solvents may be used either singly or as combined to be a mixture thereof (see paragraph 245). Solvents which may be combined to be a mixture include saturated cyclic carbonates such as ethylene carbonate, and linear carbonates such as ethylmethyl carbonates (see paragraphs 246 and 252).
The nonaqueous solvent may further include a cyclic carbonate having a carbon-carbon unsaturated double bond for forming a coating film on the surface of the negative electrode in the battery with the nonaqueous electrolytic solution and for prolonging the life of the battery (see paragraph 288). As an unsaturated cyclic carbonate, vinylene carbonate may be used (see paragraphs 290 and 291).
The nonaqueous electrolytic solution may further comprise a cyclic sulfonate ester compound (see paragraph 303). Exemplary cyclic sulfonate ester compounds include disulfonate compounds such as methylenemethane disulfonate (see paragraph 423).
The nonaqueous electrolyte solution may further include as a secondary solvent a fluorinated cyclic carbonate such as monofluoroethylene carbonate (second operative additive; fluoroethylene carbonate) (see paragraph 262, 264 and 267). Additionally, a cyclic sulfonate ester compound maybe added to the nonaqueous electrolyte as an auxiliary agent (see paragraphs 287 and 303). As a cyclic sulfonate ester compound, ethylene sulfate (first operative additive; 1,3,2-dioxathiolane-2,2-dioxide) may be used (see paragraph 421).
Regarding claim 2, it is noted that the two lithium salts of Kawakami may considered a single lithium salt mixture.
Regarding claim 3, Kawakami teaches that the nonaqueous solvent may further include a linear carboxylate ester such as methyl acetate (see paragraphs 268 and 269).
Regarding claims 4-6, Kawakami teaches Kawakami teaches that an amount of the cyclic carbonate in the nonaqueous solvent may be 3% or more and 90% or less by volume (see paragraph 249). An amount of the linear carbonate in the nonaqueous solvent may be 15% or more and 90% or less by volume (see paragraph 259). An amount of linear carboxylate esters in the nonaqueous solvent may be 5% or more and 80% or less by volume (see paragraph 271). Thus, given ethylene carbonate as a cyclic carbonate having a density of 1.32 g/mL, ethylmethyl carbonate as a linear carbonate having a density of 1.006 g/mL, and methyl acetate as a linear carboxylate ester having a density of 0.932 g/mL, a mass fraction of the methyl acetate may be between approximately 4.7% and 74.6%. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997) (see MPEP § 2144.05).
Regarding claim 8, because this claim depends from claim 1 rather than from claim 2, the closed claim language for the lithium salt is not particularly meaningful since the recitation of the whole of the nonaqueous electrolyte utilizes open claim language. Thus, for example, the LiPF6 of Kawakami may be considered the claimed lithium salt, while the lithium fluorosulfonate salt may be considered a further electrolyte additive.
Regarding claims 9 and 10, Kawakami teaches that the cyclic sulfonate ester compound may be contained in the nonaqueous electrolytic solution in an amount of at least 0.3% by mass, and at most 3% by mass (see paragraph 486).
Regarding claims 11 and 12, Kawakami teaches that the amount of the unsaturated cyclic carbonate may be at least 0.2% by mass, and at most 5% by mass (see paragraph 295).
Regarding claim 15, Kawakami teaches that the lithium transition metal composite oxide of the positive electrode active material may include lithium cobalt composite oxides, lithium manganese composite oxides, and lithium nickel composite oxides, wherein a part of the transition metal composite oxide is substituted with another metal including Mn, Co and Ni (see paragraphs 706 and 707).
Although Kawakami provides exemplary NMC oxides (see paragraph 708), Kawakami does not explicitly teach either NMC532 or NMC622. Nevertheless, NMC532 and NMC622 are well known and commonly used in the art, and one of ordinary skill would recognize that these composite oxides may be readily used as the positive electrode active material in the nonaqueous electrolytic solution secondary battery of Kawakami.
Regarding claim 16, Kawakami teaches that the positive electrode active material may include a surface-adhering substance such as aluminum oxide (see paragraph 712).
Regarding claim 17, although Kawakami does not explicitly teach a 95% retention of initial capacity after 200 cycles between 3.0 V and 4.3 V at a charging rate of C/3 CCCV at 40 °C, one of ordinary skill in the art would expect the battery of Kawakami to exhibit the claimed capacity retention because the battery of Kawakami is substantially identical to the claimed battery in terms of structure and composition. It has been held by the courts that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (see MPEP § 2112.01).
Regarding claim 19, Kawakami teaches that the nonaqueous electrolytic solution secondary battery may be utilized in automobiles (see paragraph 848). Although Kawakami does not explicitly teach a drive motor, a gear box, and electronics, these are basic, universal components of electric and hybrid vehicles. These elements are so well known in the art that the ordinary artisan would immediately envisage their presence within an automobile as disclosed by Kawakami.
Regarding claims 20, although Kawakami does not explicitly teach a stable capacity retention at 4.3 V, one of ordinary skill in the art would expect the battery of Kawakami to exhibit the claimed stable capacity retention at 4.3 V because the battery of Kawakami is substantially identical to the claimed battery in terms of structure and composition. It has been held by the courts that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (see MPEP § 2112.01).
Conclusion
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727