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)(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.
1. Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Abe et al. (US20170214091).
As to claim 1, Abe et al. discloses lithium ion secondary battery comprising a positive electrode, a negative electrode, a separator, and a non-aqueous electrolytic solution comprising an electrolyte salt contained in a non-aqueous solvent (paragraph 0003), the non-aqueous electrolytic solution comprising a pivalate ester (paragraph 0041) in an amount that is 0.1 vol% or greater and less than 5 vol% (paragraph 0042) with respect to the non-aqueous solvent.
As to the pivalate ester having from 12 to 13 carbons with a flash point of 90°C or higher and a viscosity of from 2 to 2.3 cp at 25°C, since Abe et al. discloses the same pivalate ester desired by the applicant it is inherent the pivalate ester having from 12 to 13 carbons with a flash point of 90°C or higher and a viscosity of from 2 to 2.3 cp at 25°C. “Products of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 2, Abe et al. discloses wherein the pivalate ester is at least one selected from the group consisting of n-heptyl pivalate, 2-ethylhexyl pivalate, and 2- octyl pivalate (paragraph 0041).
As to claim 3, Abe et al. discloses comprising, as the electrolyte salt, from 0.5 to 3 mol/L of LiN(SO2F)2 in the non-aqueous solvent, or from 0.5 to 3 mol/L of LiN(SO2F)2 and LiPF6 in the non-aqueous solvent, wherein LiN(SO2F)2/LiPF6, a weight ratio of the LiN(SO2F)2 to the LiPF6, is from 100/0 to 1/99 (paragraph 0025).
As to claim 4, Abe et al. discloses comprising, wherein the non-aqueous solvent comprises ethylene carbonate and propylene carbonate, and ethylene carbonate/propylene carbonate, a volume ratio of the ethylene carbonate to the propylene carbonate, is from 49/51 to 10/90 (paragraph 0057).
As to claim 5, Abe et al. discloses a non-aqueous electrolytic solution comprising an electrolyte salt dissolved in a non- aqueous solvent, the non-aqueous electrolytic solution comprising a pivalate ester in an amount that is 0.1 vol% or greater and less than 5 vol% with respect to the non-aqueous solvent (paragraph 0041-0042).
As to the pivalate ester having from 12 to 13 carbons with a flash point of 90°C or higher and a viscosity of from 2 to 2.3 cp at 25°C, since Abe et al. discloses the same pivalate ester desired by the applicant it is inherent that the pivalate ester having from 12 to 13 carbons with a flash point of 90°C or higher and a viscosity of from 2 to 2.3 cp at 25°C. “Products of identical chemical composition can not have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658(Fed. Cir. 1990)
As to claim 6, Abe et al. discloses comprising at least one selected from the group consisting of (i), (ii) and (iii) below: (i) the pivalate ester is at least one selected from the group consisting of n-heptyl pivalate, 2- ethylhexyl pivalate, and 2-octyl pivalate (paragraph 0041); (ii) the electrolyte salt is LiN(SO2F)2 and LiPF6, the LiN(SO2F)2 and the LiPF6 being dissolved in a total amount of from 0.5 to 3 mol/L in the non-aqueous solvent, and LiN(SO2F)2/LiPF6, a weight ratio of the LiN(SO2F)2 to the LiPF6, is from 100/0 to 1/99 (paragraph 0025); and (iii) the non-aqueous solvent is ethylene carbonate and propylene carbonate, ethylene carbonate/propylene carbonate, a volume ratio of the ethylene carbonate to the propylene carbonate, is from 49/51 to 10/90 (paragraph 0057).
Conclusion
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/JANE J RHEE/ Primary Examiner, Art Unit 1724
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