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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11-05-2025 has been entered.
Claim Rejections - 35 USC § 102/103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 16-29 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over KR 10-2018-0050781 A hereinafter Hyeong.
Regarding Claim 16, Hyeong teaches a lithium secondary battery (energy storage device) comprising: a positive electrode (first electrode); a negative electrode (second electrode); a separator disposed between the positive electrode and the negative electrode (paragraph 13); and an electrolyte comprising a phosphite ester compound [i.e., Triallyl phosphite] (paragraph 21), a linear carbonate, a cyclic carbonate, and a lithium salt (paragraphs 19, 39-44), wherein the negative electrode is a Si-based electrode (paragraphs 63-65).
Regarding Claim 17-18, Hyeong teaches that the phosphite ester compound is Triallyl phosphite in an amount of 0.1 to 3 wt.% (paragraphs 21-22).
Regarding Claims 19-23, Hyeong teaches that the linear carbonate is ethyl methyl carbonate and the cyclic carbonate is ethylene carbonate (paragraph 44).
Regarding Claims 24-25, Hyeong teaches that the lithium salt is a fluorinated lithium salt and a concentration of about 1 M or more (paragraphs 46-47).
Regarding Claims 26-29, Hyeong teaches that the negative electrode is a Si-dominant negative electrode and can further include coating films (paragraphs 63-66).
In addition, the Supreme Court decided that a claim can be proved obvious merely by showing that the combination of known elements was obvious to try. In this regard, the Supreme Court explained that, " [w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill in the art has a good reason to pursue the known options within his or her technical grasp." An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of the case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Therefore, choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 -97 (2007) (see MPEP § 2143 , E.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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