DETAILED ACTION
Application 18/648,384, “SECONDARY BATTERY CONTAINING SILICATE ESTER AND ELECTRIC APPARATUS”, was filed with the USPTO on 4/28/2024 and is CON of PCT/CN2022/091463 filed on 5/7/2022.
This office action is in response to communication filed on 5/21/2024.
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 4/28/2024, 7/23/2025 and 6/26/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
The citations are based on the specification filed on 4/28/2024.
Paragraphs [0010] and [0036]: the subscripted numbers following “R” in the drawings of the structures of Formula 4 to 15 are too small to read. “Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height” see MPEP 608.02-V (p)-(3).
Appropriate correction is required.
Claim Objections
Claim 4 is objected to because of the following informalities:
The subscripted numbers following “R” in the drawings of the structures of Formula 4 to 15 are too small to read. “Numbers, letters, and reference characters must measure at least .32 cm. (1/8 inch) in height” see MPEP 608.02-V (p)-(3). Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8-13 and 15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lee et al. (US 20080063937 A1, provided on IDS filed on 7/23/2025).
Regarding claim 1, Lee et al. teaches a secondary battery (1, Fig. 4), comprising a silicate ester (Formula 1, [0026]) and/or a derivative thereof, the silicate ester (Formula 1, [0026]) and/or the derivative thereof comprising a
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structure in a cyclic or non-cyclic structure or a
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structure in a cyclic structure (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-); R1 and R2 each is a methyl, [0030]).
Regarding claim 2, Lee et al. teaches wherein the silicate ester (Formula 1, [0026]) and/or the derivative thereof are contained in an electrolyte (organic electrolyte solution, see [0036]) of the secondary battery (1, Fig. 4).
Regarding claim 3, Lee et al. teaches wherein when the silicate ester (Formula 1, [0026]) and/or the derivative thereof is of a cyclic structure (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-); R1 and R2 each is a methyl, [0030]), a ring is a 3- to 6-membered ring (5 membered ring, see CH2-O-Si-O-CH2 in above structure).
Regarding claim 4, Lee et al. teaches wherein the silicate ester (Formula 1, [0026]) has structures (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-), R1 and R2 each is a methyl; and
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-), R1 and R2 each is a ethyl, see [0030]) shown in the following formula 1 to formula 15 (formula 13):
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,
wherein R11 to R16 and R21 to R24 are each independently selected from H (R21 = H, R22 = H), halogen, substituted or unsubstituted C1-C10 alkyl group (R11 = methyl or ethyl, R12 = methyl or ethyl), substituted or unsubstituted C2-C10 alkenyl group, substituted or unsubstituted C2-C10 alkynyl group, substituted or unsubstituted C6-C14 aryl group, carbonyl group, carboxyl group, ester group, nitrile group, and ether group, wherein in a case of substitution, the substituent group is selected from halogen, or
two groups of R11 to R16 and R21 to R24 form a 4-to 6-membered heterocyclic ring together with groups to which the two groups are attached,
or the silicate ester derivative is derived from a silicate ester having at least one of the structures shown in formula 1 to formula 15.
Regarding claim 5, Lee et al. teaches wherein the silicate ester (Formula 1, [0026]) has a structure (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-); R1 and R2 each is a methyl, [0030]) selected from one or more of formula 1, formula 2, formula 5, formula 13, and formula 15.
Regarding claim 6, Lee et al. teaches wherein R11 to R16 and R21 to R24 are each independently selected from H (R21 = H, R22 = H) and C1-C6 alkyl group (R11 = methyl or ethyl, R12 = methyl or ethyl).
Regarding claim 8, Lee et al. teaches wherein the silicate ester (Formula 1, [0026]) is used as a solvent, a co-solvent, and/or an additive (additive, see [0014]) in the electrolyte (organic electrolyte solution, see [0014]).
Regarding claim 9, Lee et al. teaches wherein a proportion of the silicate ester (Formula 1, [0036]) and/or the derivative thereof in the electrolyte (organic electrolyte solution, [0037]; note: weight of organic electrolyte solution = weight of silane compound + weight of organic solvent) is 0.001wt% to 90wt% (0.5 wt% to 16.7wt%; 0.5 to about 20 parts by weight of silane compound are based on 100 parts by weight of the organic solvent, see [0037], therefore 0.5/(0.5+100) wt% to 20/(20+100) wt%).
Regarding claim 10, Lee et al. teaches wherein a positive electrode active material (cathode active material, [0047]) of the secondary battery (1, Fig. 4) is selected from one or more of lithium iron phosphate, lithium manganese iron phosphate, lithium cobalt oxide (LiCoO2, [0047]), lithium nickel oxide, lithium manganese oxide, lithium nickel manganese oxide, lithium nickel cobalt manganese oxide, lithium nickel cobalt aluminum oxide, lithium-rich material, sodium-oxide compound, potassium-oxide compound, and compounds obtained by adding other transition metals or non-transition metals to the foregoing compounds.
Regarding claim 11, Lee et al. teaches wherein a negative electrode active material (anode active material, see [0050]) of the secondary battery (1, Fig. 4) is selected from one or more of graphite (graphite, [0050]), soft carbon, hard carbon, meso-carbon microbeads, carbon fiber, carbon nanotubes, elemental silicon, silicon- oxygen compound, silicon-carbon composite, lithium titanate, lithium metal (lithium metal, [0050]), sodium metal, potassium metal, and compounds obtained by adding other transition metals or non-transition metals to the foregoing materials.
Regarding claim 12, Lee et al. teaches further comprising an organic solvent (organic solvent, [0038]) selected from one or more of linear carbonate (non-cyclic carbonate, [0039]), cyclic carbonate (cyclic carbonate, [0038]), carboxylic acid ester, and ether.
Regarding claim 13, Lee et al. teaches wherein the organic solvent (organic solvent, [0038]) comprises one or more of diethyl carbonate (diethyl carbonate, [0039]), dipropyl carbonate (dipropyl carbonate, [0039]), ethyl methyl carbonate (ethylmethyl carbonate, [0039]), methyl propyl carbonate, ethyl propyl carbonate, ethylene carbonate (ethylene carbonate, see [0038]), propylene carbonate (propylene carbonate, see [0038]), butylene carbonate(butylene carbonate, see [0038]), gamma-butyrolactone (gamma-butyrolactone, see [0038]), methyl formate, ethyl acetate, propyl acetate, methyl propionate, ethyl propionate, tetrahydrofuran, dimethyl ether, diethyl ether, and ethylene glycol dimethyl ether.
Regarding claim 15, Lee et al. teaches further comprising an electrolytic salt (lithium salt, [0041]) selected from one or more of LiPF6 (LiPF6, [0041]), LiBF4 (LiBF4, [0041]), LiBOB, LiAsF6, Li(FSO2)2N, LiCF3SO3 (LiCF3SO3, [0041]), and LiClO4 (LiClO4, [0041]).
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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20080063937 A1, provided on IDS filed on 7/23/2025) in view of Xu et al. (WO 2021120434 A1, citations see machine translation) in view of Ndiege et al. (US 20150004806 A1).
Regarding claim 7, Lee et al. does not teach wherein the silicate ester has the structure of formula 1, wherein Rn is methyl group and R12 is ethyl group; or the silicate ester has the structure of formula 2, wherein R21 and R22 are both H; or the silicate ester has a structure of formula 5, wherein R21 and R22 are both H; or the silicate ester has the structure of formula 13, wherein R11, R12, R21 and R22 are all H; or the silicate ester has the structure of formula 15, wherein R21 to R24 are all H.
Xu et al. teaches the silicate compound when used as electrolyte additives adsorbs HF and water (see [0135]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to run the lithium ion battery (comprising LiPF6, see rejection of claim 15; note: degradation of LiPF6 releases HF is well known in the art) comprising the silicate compound
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taught by Lee et al. and would have yielded predictable results of the adsorption of HF and water by the silicate compound taught by Xu et al. to increase the stability of the electrolyte and thus improve battery performance (see Xu et al. [0135]).
However, Lee et al. in view of Xu et al. does not teach wherein the silicate ester has the structure of formula 1, wherein Rn is methyl group and R12 is ethyl group; or the silicate ester has the structure of formula 2, wherein R21 and R22 are both H; or the silicate ester has a structure of formula 5, wherein R21 and R22 are both H; or the silicate ester has the structure of formula 13, wherein R11, R12, R21 and R22 are all H; or the silicate ester has the structure of formula 15, wherein R21 to R24 are all H.
Ndiege et al. teaches a hydrolysis mechanism (see Fig. 1) of a silicate ester reacting with H+ and water by converting Si-OR to Si-OH (see Fig. 1 and [0032]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the silicate compound
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in the absorption of H+ and water taught by Lee et al. in view of Xu et al. to occur the hydrolysis reaction and would have yielded predictable results of converting MeO-Si-OMe to HO-Si-OH as taught by Ndiege et al. because the acid-catalyzed hydrolysis of a silicon alkoxide reaction converts Si-OR to Si-OH (see Ndiege et al. [0032]). When the hydrolysis reaction is complete,
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becomes
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, which is the exact structure of formula 13, wherein R11, R12, R21 and R22 are all H.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20080063937 A1, provided on IDS filed on 7/23/2025) in view of Ihara et al. (US 20130224577 A1).
Regarding claim 14, Lee et al. does not teach further comprising an electrolyte additive selected from one or more of unsaturated bond-containing cyclic carbonate compound, halogen-substituted cyclic carbonate compound, sulfate compound, sulfite compound, sultone compound, disulfonic acid compound, nitrile compound, aromatic compound, isocyanate compound, phosphonitrile compound, cyclic anhydride compound, phosphite compound, phosphate compound, borate compound, and carboxylate compound.
Ihara et al. teaches further comprising an electrolyte additive (electrolytic solution contains, [0068]) selected from one or more of unsaturated bond-containing cyclic carbonate compound (unsaturated cyclic ester carbonate represented by Formula (1), [0068]), halogen-substituted cyclic carbonate compound, sulfate compound, sulfite compound, sultone compound, disulfonic acid compound, nitrile compound, aromatic compound, isocyanate compound, phosphonitrile compound, cyclic anhydride compound, phosphite compound, phosphate compound, borate compound, and carboxylate compound.
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the lithium ion battery taught by Lee et al. by adding the unsaturated cyclic ester carbonate taught by Ihara et al. to significantly improve the chemical stability of the electrolytic solution (see Ihara et al. [0070]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20080063937 A1, provided on IDS filed on 7/23/2025) in view of OH et al. (US 20240258582 A1).
Regarding claim 16, Lee et al. does not teach wherein the secondary battery comprises a lithium silicate having a gel-like structure.
OH et al. teaches wherein the secondary battery comprises a lithium silicate having a gel-like structure (negative electrode slurry includes lithium silicate gel (Li-silicate Gel), see [0068] and [0071]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the lithium ion battery taught by Lee et al. by adding the lithium silicate gel taught by OH et al. to increase the porosity around the negative electrode active material and to secure a space around the negative electrode active material in the electrode to minimize electrode deformation due to volume expansion of the negative electrode active material, thereby improving the lifespan of the electrode (see OH et al. [0015] and [0028]).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ihara et al. (US 20130224577 A1) in view of Lee et al. (US 20080063937 A1, provided on IDS filed on 7/23/2025).
Regarding claim 17, Ihara et al. teaches a battery pack (battery pack, entire Fig. 5 and see [0167]), comprising a secondary battery (secondary batteries in the electric power source 62, see [0168]).
Ihara et al. does not teach the secondary battery according to
a secondary battery, comprising a silicate ester and/or a derivative thereof, the silicate ester and/or the derivative thereof comprising a
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structure in a cyclic or non- cyclic structure or a
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structure in a cyclic structure.
Lee et al. teaches a secondary battery (1, Fig. 4), comprising a silicate ester (Formula 1, [0026]) and/or a derivative thereof, the silicate ester (Formula 1, [0026]) and/or the derivative thereof comprising a
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structure in a cyclic or non-cyclic structure or a
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structure in a cyclic structure (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-); R1 and R2 each is a methyl, [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the battery pack taught by Ihara et al. by using the lithium ion battery taught by Lee et al. to have the new silane compound included in the organic electrolyte solution to prevent crack formation caused by volumetric changes in the anode active material during charging/discharging of the battery; thus to improve charge/discharge characteristics, resulting in improved battery stability, reliability, and charge/discharge efficiency (see Lee et al. [0025], [0033]-[0035]).
Regarding claim 18, Ihara et al. teaches an electric apparatus (electric vehicle, entire Fig. 6 and see [0179]), comprising a secondary battery (secondary batteries in the electric power source 76, see [0182]).
Ihara et al. does not teach the secondary battery according to
a secondary battery, comprising a silicate ester and/or a derivative thereof, the silicate ester and/or the derivative thereof comprising a
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structure in a cyclic or non- cyclic structure or a
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structure in a cyclic structure.
Lee et al. teaches a secondary battery (1, Fig. 4), comprising a silicate ester (Formula 1, [0026]) and/or a derivative thereof, the silicate ester (Formula 1, [0026]) and/or the derivative thereof comprising a
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structure in a cyclic or non-cyclic structure or a
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structure in a cyclic structure (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-); R1 and R2 each is a methyl, [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the electric vehicle taught by Ihara et al. by using the lithium ion battery taught by Lee et al. to have the new silane compound included in the organic electrolyte solution to prevent crack formation caused by volumetric changes in the anode active material during charging/discharging of the battery; thus to improve charge/discharge characteristics, resulting in improved battery stability, reliability, and charge/discharge efficiency (see Lee et al. [0025], [0033]-[0035]).
Regarding claim 19, Ihara et al. teaches an electric apparatus (electric vehicle, entire Fig. 6 and see [0179]), comprising a battery pack (76, Fig. 6) comprising a secondary battery (secondary batteries in 76, see [0182]).
Ihara et al. does not teach the secondary battery according to
a secondary battery, comprising a silicate ester and/or a derivative thereof, the silicate ester and/or the derivative thereof comprising a
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structure in a cyclic or non- cyclic structure or a
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structure in a cyclic structure.
Lee et al. teaches a secondary battery (1, Fig. 4), comprising a silicate ester (Formula 1, [0026]) and/or a derivative thereof, the silicate ester (Formula 1, [0026]) and/or the derivative thereof comprising a
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structure in a cyclic or non-cyclic structure or a
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structure in a cyclic structure (
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, see Formula 1 when X = straight alkyl with 2 carbon atoms (-CH2-CH2-); R1 and R2 each is a methyl, [0030]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the electric vehicle taught by Ihara et al. by using the lithium ion battery taught by Lee et al. to have the new silane compound included in the organic electrolyte solution to prevent crack formation caused by volumetric changes in the anode active material during charging/discharging of the battery; thus to improve charge/discharge characteristics, resulting in improved battery stability, reliability, and charge/discharge efficiency (see Lee et al. [0025], [0033]-[0035]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(KR 20130049787 A): Hwang teaches the exact structure of the structure of formula 13 in claim 7, wherein R11, R12, R21 and R22 are all H (Formula 2-1, see [0035] when A = OH; B = OH, see Table 2, [0040]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NING CHEN whose telephone number is (571)272-1163. The examiner can normally be reached 9:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NING CHEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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