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
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)(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.
Claim(s) 1 to 4, 6 to 18 and 20 is/are rejected under 35 U.S.C. 102 (a)(1) as being unpatentable over Garsuch (EP2827430A1 – of record – see 12/04/2024 IDS)
Regarding claim 1 and 15, Garsuch teaches an electrolyte composition A for electrochemical cells (lithium ion batteries – secondary battery [007,0090]) (an electrolyte for secondary batteries, comprising an aprotic organic solvent i (a non-aqueous organic solvent [0005, 0008]) and an additive iv [0008], wherein the additive iv comprise a compound of formula I ii (a salt composed of anions and cations represented by formula I) [0008-0010],
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Formula I of Garsuch Formula I of App. 18619244
wherein Z (M1) is selected from group IIIA elements; and R1 to R4 are each independently selected from C1–C10 alkyl (C1–C8 alkyl) with at least some hydrogen atoms substituted by fluorine [0008,0012] , C5–C14 aryl (C6–C20 aryl) with at least some hydrogen atoms substituted by fluorine, Garsuch discloses alkyl groups that may be substituted with phenyl and benzyl groups. Benzyl is C7 aralkyl group and therefore falls within the claimed (C7–C22 aralkyl) with at least some hydrogen atoms substituted by fluorine [0008], Garsuch discloses aryl groups that may be susbtitued with C1–C4 alkyl groups. For example, by the substitution of a phenyl group with a methyl group provides a C7 alkylaryl group or by substituting an ethyl or butyl group provides C8 or C10 alkylaryl (C7–C20 alkylaryl) with at least some hydrogen atoms substituted by fluorine [0008], Garsuch teaches the selection of C1–C10 alkyl groups, including C7–C10 alkyl groups such as heptyl,octyl,nonyl, and decyl, also teaches C5–C14 aryl groups, including phenyl. Garsuch further teaches ether-containing groups and teaches partial fluorination, wherein one or more hydrogen atoms are replaced with fluorine. Garsuch provides fluorinated ether-containing species such as OCH2CF3 and OCH(CF3)2 [0031,0038,0049-0051] (C7–C20 alkylaryl containing ether bond with at least some hydrogen atoms substituted by fluorine), or C1–C6 alkyl (C2–C10 alkyl) containing ether bond with at least some hydrogen atoms substituted by fluorine [0023]; R1 and R2 are selected independently from each other from C(O) and C1-C3 alkylene and form together with the joining group OZO a 5- to 7-membered hetero cycle [0026] (two adjacent groups in R1 to R4 are capable of being linked into a ring); the cations comprise Li+, see Formula I of Garsuch (the cations comprise any one of Li+, Na+, K+, Mg2+, Ca2+, and Zn2+); and based on a mass of the electrolyte, a mass percentage of the additive iv (A) is x, and is from 0 to 10wt% [0071] ( x%, and 0.01 ≤ x ≤ 60).
Regarding claim 2 and 16, as applied to claims 1 and 15, respectively, Garsuch teaches an electrolyte composition containing at least one compound of formula I (see formula above), wherein Z (M1) (central atom) may be Al or B and the cations comprise Li+ (wherein M1 is selected from Al or B, and the cations comprise Li+) [0025].
Regarding claim 3 and 17, as applied to claims 1 and 15, respectively, Garsuch teaches an electrolyte composition containing at least one compound of formula I (see formula above), wherein a mass percentage of the additive iv (A) is x, and is from 0 to 10wt% [0071] (0.1 ≤ x ≤ 25).
Regarding claim 4 and 18, as applied to claims 1 and 15, respectively, Garsuch teaches an electrolyte comprising a compound of formula I wherein R1 to R4 are each independently selected from the following groups: CH(CF3)2 [0031].
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Regarding claim 6, as applied to claim 1, Garsuch teaches an electrolyte composition represented by Formula I, wherein the anions represented by formula (I) comprise at least one of the following anions: Li[Al(OCH(CF3)2)4] [0032].
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Regarding claim 7, as applied to claim 1, Garsuch teaches an electrolyte comprising a conducting salt iii, for example, LiPF6 (lithium hexafluorophosphate) or LIBF4 (ithium tetrafluoroborate) [0058] and based on the mass of the electrolyte, the composition of the conducting salt iii is y and is from 0 to 25 wt% [0071] (a mass percentage of the lithium salt is y%, and 7.5 ≤ y ≤ 23).
Regarding claim 8, as applied to claim 7, Garsuch teaches an electrolyte comprising a conducting salt iii, for example, LiPF6 (lithium hexafluorophosphate) [0058].
Regarding claim 9, as applied to claim 7, Garsuch teaches an electrolyte wherein the total concentration of the compound of formula (I) (ii) and the at least one conducting salt (iii) together is in the range of from 0.02 to 25 wt.-% based on the total weight of the electrolyte composition [0059] (10 ≤ x+y ≤ 75).
Regarding claim 10 and 11, as applied to claim 7, Garsuch teaches an electrolyte wherein the concentration of compound (A) of formula (I) in the electrolyte is…1 to 20 wt.-% [0034] and the conducting salt about 0 to 25 wt.-% [0071]. Garsuch is silent a division of x and y. However, by select a value according to the end points based on the ranges given by Garsuch, (i.e. for x a value of 20 and for y a value of 25), the result of x/y is 0.8. Overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of [Sudo's temperature range] that corresponds to the claimed range. In re Malagari, 184 USPQ 549 (CCPA 1974).
Regarding claim 12, as applied to claim 1, Garsuch teaches an electrolyte comprising an aprotic organic solvent i (a non-aqueous organic solvent [0005, 0008]), wherein the aprotic organic solvent i (non-aqueous organic solvent) comprises at least one cyclic and noncyclic organic carbonates, which may be partly halogenated [0036]. Garsuch further teaches the preparation of the electrolyte using a cyclic carbonate and a linear carbonate [0097,0100-0101] (cyclic carbonate compound, a linear carbonate compound, a carboxylic acid cyclic lactone compound, a linear carboxylate compound, a fluorinated cyclic carbonate compound, a fluorinated linear carbonate compound, or a fluorinated linear carboxylate compound). Garsuch further teaches that the composition of the electrolyte contains from 60 to 99.99 wt.-% of the at least one aprotic organic solvent [0071] (based on the mass of the electrolyte, a mass percentage of the non-aqueous organic solvent is 25% to 90%).
Regarding claim 13 and 14, as applied to claim 1, Garsuch teaches the preparation of the electrolyte compound containing containing EC (Ethylene carbonate – cyclic carbonate) /DMC (dimethyl carbonate – linear carbonate) [0097,0100-0101] (cyclic carbonate compound, a linear carbonate compound, a carboxylic acid cyclic lactone compound, a linear carboxylate compound, a fluorinated cyclic carbonate compound, a fluorinated linear carbonate compound, or a fluorinated linear carboxylate compound). Garsuch further teaches an electrolyte containing an aprotic organic solvent i (non-aqueous organic solvent) from 60 to 99.99 wt.-% [0071] (a mass percentage of the non-aqueous organic solvent is 25% to 90%), wherein the electrolyte composition (A) contains mixtures of non-cyclic organic carbonates (a) and cyclic organic carbonates (a) at a ratio by weight of from 1:10 to 10:1 [0043] (a mass ratio of the cyclic carbonate compound to the linear carbonate compound is 1:9 to 9:1).
Regarding claim 20, as applied to claim 15, Garsuch teaches a secondary battery comprising an anode (C) (negative electrode plate), wherein the anode (C) (negative electrode plate) comprises a anode current collector (negative electrode current collector and a anode active material (negative electrode active material layer) disposed on at least one surface of the anode current collector (negative electrode current collector), anode electrode active material (the negative electrode active material layer) comprises a anode active material (negative electrode active material) [0086], and the anode active material (negative electrode active material) comprises a silicon-based material [0088].
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.
Claim(s) 5 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garsuch (EP2827430A1 – of record – see 12/04/2024 IDS) as applied to claim 1 above, and further in view of KUGLER (WO 2022243470A2 – of record – see 12/04/2024 IDS).
Regarding claim 5 and 19, as applied to claim 1 and 15, respectively, Garsuch teaches an electrolyte comprising a compound represented by Formula I, Garsuch further teaches an example…1,1,2,2-tetra(trifluoromethyl)-1,2-ethane diol
(
O
H
-
C
(
C
F
3
)
2
-
C
C
F
3
)
2
-
O
H
)
[0054], that provides the bridge of the formula Rc-7
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. Also teaches that bivalent groups derived from diols form rings by the two oxygens with the central atom and specially identifies that fluorinated diol [0055-0057].
Garsuch is silent about selecting the specific Rc from the groups listed.
In the same field of endeavor, compound for electrolyte, Kugler teaches a compound represented by formula (I)
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, wherein X is A1 or B; R1 in each occurrence is independently a substituent; and two R1 groups may be linked to form a ring; and M+ is a cation [Pag. 2/ln 19 and pag. 3/ln 1-2]. Kugler further teaches that, R1 groups of formula (I) are linked and the compound of formula (I) has formula (la)
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, wherein R2 in each occurrence is independently a divalent organic group. R2 is selected from… ethylene and each of which may be unsubstituted or substituted with one or more substituents. [Pag. 8/ln 15-24].
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the ring-containing compound of Kugler by employing the fluorinated divalent group derived from 1,1,2,2-tetra(trifluoromethyl)-1,2-ethane diol taught by Garsuch. Both references concern fluorinated borate/aluminate compounds for electrolyte applications, and Garsuch specially teaches fluorinated diol as a source of a divalent O-R-O group for forming a cyclic conducting salt. Thus, a skilled person in the art would have been motivated to employ the fluorinated divalent group of Garsuch in the ring forming compound of Kugler to obtain a fluorinated cyclic borate/aluminate electrolyte compound.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Geiculescu et al (US 8394539), Zinck et al (US 20220085408).
Any inquiry concerning this communication should be directed to NICOLAS J ROSA BERRIOS at telephone number (571)270-1856.
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/NICOLAS JENNIEL ROSA BERRIOS/Examiner, Art Unit 1741 9/9/2026
/JaMel M Nelson/ Primary Examiner, Art Unit 1743
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