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
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) 8-11, 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hwang (KR-102283808-B1) (see translation).
Regarding claim 8, Hwang discloses silane compound of 1-(dimethyl(vinyl)silyl)-1H-imidazole (SiC7H14N2) (see e.g., Hwang; [0099]-[0101], regarding example 1), and 3-(dimethyl(vinyl)silyl)thiazolidine-2-thione (SiC7H13NS2) (see e.g., Hwang; [0102]-[0104], regarding example 2) (see also Hwang; claim 1), which are silane compounds that correspond with the claimed silane compound represented by following general formula (1): Si(R1)1(R2)m(R3--)4-1-m wherein R¹ represents a heteroaryl group having 4 to 20 carbon atoms; R² represents an alkenyl group or an alkynyl group having 2 to 20 carbon atoms; R³ represents an alkyl group having 1 to 20 carbon atoms; and "1" and "m" each independently represents an integer of 1 to 3, provided that 2 ≤ 1+m ≤4 is satisfied.
Regarding claim 9, Hwang discloses the non-aqueous electrolyte according to claim 8. At least example 2 of Hwang as disclosed above, which provides 3-(dimethyl(vinyl)silyl)thiazolidine-2-thione, has a lowest unoccupied molecular orbital energy level of -0.40 eV or less.
Regarding claim 10, Hwang discloses the non-aqueous electrolyte according to claim 8. At least examples 1 and 2 of Hwang as disclosed above, which provides 1-(dimethyl(vinyl)silyl)-1H-imidazole and 3-(dimethyl(vinyl)silyl)thiazolidine-2-thione, have a highest occupied molecular orbital energy level of -8.8 eV or more.
Regarding claim 11, Hwang discloses the non-aqueous electrolyte according to claim 9.
At least example 2 of Hwang as disclosed above, which provides 3-(dimethyl(vinyl)silyl)thiazolidine-2-thione, has a highest occupied molecular orbital energy level of -8.8 eV or more.
Regarding claims 16-19, Hwang discloses the non-aqueous electrolyte according to claims 8-11, and the non-aqueous electrolyte secondary battery comprising a positive electrode, a negative electrode (see e.g., Hwang; [0038]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12-15, 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (KR-102283808-B1) (see translation).
Regarding claim 12, Hwang discloses the non-aqueous electrolyte according to claim 8.
Hwang discloses wherein the electrolyte additive corresponding to the silane compound is included in the electrolyte in an amount of 0.1 to 10 weight% (see e.g., Hwang; [0088]), which overlaps with the claimed content of the silane compound in the non-aqueous electrolyte of 0.1% by mass to 5.0% by mass. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the silane compound in an amount of 0.1 to 10 weight% as disclosed by Hwang to overlap with the claimed range of 0.1 to 5.0% by mass as claimed in order to improve the performance of the lithium secondary battery by providing excellent charge/discharge characteristics, output characteristics, capacity characteristics, and voltage characteristics (see e.g., Hwang; [0011]-[0013]).
Regarding claim 13, Hwang teaches the non-aqueous electrolyte according to claim 9. Hwang discloses wherein the electrolyte additive corresponding to the silane compound is included in the electrolyte in an amount of 0.1 to 10 weight% (see e.g., Hwang; [0088]), which overlaps with the claimed content of the silane compound in the non-aqueous electrolyte of 0.1% by mass to 5.0% by mass. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the silane compound in an amount of 0.1 to 10 weight% as disclosed by Hwang to overlap with the claimed range of 0.1 to 5.0% by mass as claimed in order to improve the performance of the lithium secondary battery by providing excellent charge/discharge characteristics, output characteristics, capacity characteristics, and voltage characteristics (see e.g., Hwang; [0011]-[0013]).
Regarding claim 14, Hwang teaches the non-aqueous electrolyte according to claim 10. Hwang discloses wherein the electrolyte additive corresponding to the silane compound is included in the electrolyte in an amount of 0.1 to 10 weight% (see e.g., Hwang; [0088]), which overlaps with the claimed content of the silane compound in the non-aqueous electrolyte of 0.1% by mass to 5.0% by mass. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the silane compound in an amount of 0.1 to 10 weight% as disclosed by Hwang to overlap with the claimed range of 0.1 to 5.0% by mass as claimed in order to improve the performance of the lithium secondary battery by providing excellent charge/discharge characteristics, output characteristics, capacity characteristics, and voltage characteristics (see e.g., Hwang; [0011]-[0013]).
Regarding claim 15, Hwang teaches the non-aqueous electrolyte according to claim 11.
Hwang discloses wherein the electrolyte additive corresponding to the silane compound is included in the electrolyte in an amount of 0.1 to 10 weight% (see e.g., Hwang; [0088]), which overlaps with the claimed content of the silane compound in the non-aqueous electrolyte of 0.1% by mass to 5.0% by mass. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the silane compound in an amount of 0.1 to 10 weight% as disclosed by Hwang to overlap with the claimed range of 0.1 to 5.0% by mass as claimed in order to improve the performance of the lithium secondary battery by providing excellent charge/discharge characteristics, output characteristics, capacity characteristics, and voltage characteristics (see e.g., Hwang; [0011]-[0013]).
Regarding claims 20-23, Hwang the non-aqueous electrolyte according to claims 12-15, and the non-aqueous electrolyte secondary battery comprising a positive electrode, a negative electrode (see e.g., Hwang; [0038]).
Claim(s) 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (KR-102283808-B1) (see translation), and in further view of Pang (US-20200058924-A1).
Regarding claim 24, Hwang discloses the non-aqueous electrolyte secondary battery according to claim 16. Hwang discloses that the negative electrode material may be carbon-based or silicon-based (see e.g., Hwang; [0096]). Hwang does not explicitly disclose wherein a negative electrode active material particle in the negative electrode is a silicon oxide particle coated with a carbon layer. However, Pang discloses negative electrode active material particle in the negative electrode is a silicon oxide particle coated with a carbon layer (see e.g., Pang; [0023]-[0026]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the negative electrode active material to be carbon coated silicon oxide particle as disclosed by Pang in order to exhibit high delithiation capacity, high initial coulombic efficiency and good cycling performance (see e.g., Pang; [0008]).
Regarding claim 25, modified Hwang teaches the non-aqueous electrolyte secondary battery according to claim 24. Hwang does not explicitly disclose wherein the silicon oxide particle contains Li2SiO3 which is crystalline. However, Pang discloses wherein the negative electrode material may include Li2SiO3 (see e.g., Pang; [0023]) and wherein the material is at least partially crystalline (see e.g., Pang; [0025]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the negative electrode material of Hwang to comprise of Li2SiO3 which may be crystalline as disclosed by Pang in order to exhibit high delithiation capacity, high initial coulombic efficiency and good cycling performance (see e.g., Pang; [0008]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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