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 .
Summary
This is a non-final office action for application 18/688,740 filed on 03/01/2024. Claims 1-20 are pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application Nos. KR10-2021-0120379 filed on 09/09/2021, KR10-2022-0113086 filed on 09/06/2022 and PCT/KR2022/013468 filed on 09/07/2022.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on03/01/2024 and 12/03/2025 are being considered by the examiner.
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.
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.
Claims 1-4, 6-10 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US-20200185771-A1) and further in view of Bao et al. (JP 2012-138314 A).
Regarding Claim 1, Lee discloses a non-aqueous electrolyte solution for a lithium secondary battery (see e.g. "electrolyte composition for a lithium secondary battery" in paragraph [0017]), the non-aqueous electrolyte solution comprising:
a lithium salt (see e.g. "LiPF6 as a first lithium salt" in paragraph [0018]);
a non-aqueous organic solvent (see e.g. "a non-aqueous organic solvent" in paragraph [0019]); and
an oligomer (see e.g. "oligomer" in paragraph [0020]) including:
a repeating unit derived from a monomer represented by Formula 1 (see e.g. Formula k in paragraph [0021]).
Formula k of Lee corresponds directly to the polymerized form of the claimed Formula 1 when R' is hydrogen and R1 is a substituted or unsubstituted alkylene group having 1 to 5 carbon atoms (see e.g. "R is a substituted or unsubstituted alkylene group having 1 to 5 carbon atoms" in paragraph [0023]).
Lee discloses an oligomer having multiple repeat units; however, Lee does not disclose that the oligomer also includes a repeating unit derived from a monomer represented by Formula 2 wherein, in the Formula 2, R" is hydrogen or an alkyl group having 1 to 3 carbon atoms, R2 is a direct bond or an alkylene group having 1 to 5 carbon atoms, and A is an aromatic hydrocarbon group or a heteroaromatic hydrocarbon group.
Bao, however, in the same field of endeavor, non-aqueous electrolyte solutions for lithium secondary batteries, discloses a non-aqueous electrolyte solution comprising a repeating unit derived from a monomer represented by Formula 2 (see e.g. the “f” repeating unit of Chemical Formula (3) on page 27 and paragraph [60] of Bao).
The repeating f unit of Bao corresponds directly to the claimed Formula 2 wherein R''= R5, R2 is a one-carbon alkylene group, and A = R6 (see e.g. " R 2 and R 5 are hydrogen or an alkyl group having 1 to 3 carbon atoms." and "R 6 is a functional group having an alkyl group having 1 to 6 carbon atoms or an aromatic ring, and hydrogen of the
functional group having an alkyl group or an aromatic ring may be substituted with fluorine." in paragraph [0060] of Bao).
Bao also teaches including this type of repeating unit into the non-aqueous electrolyte solution leads suppression of overcharge of a secondary battery having a high operating voltage and thus enhances the safety of the battery (see e.g. paragraphs [9]-[10] of Bao). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the oligomer of Lee et al. such that it includes a repeating unit derived from a monomer represented by Formula 2 wherein, in Formula 2, R" is hydrogen or an alkyl group having 1 to 3 carbon atoms, R2 is a direct bond or an alkylene group having 1 to 5 carbon atoms, and A is an aromatic hydrocarbon group or a heteroaromatic hydrocarbon group as taught by Bao et al. in order to prevent overcharge and enhance safety of a secondary battery as suggested by Bao.
Regarding Claim 2, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
As discussed in the claim 1 rejection above, Lee discloses an oligomer containing the nitrile containing repeating unit represented by Formula k wherein R' is hydrogen and R1 is an alkylene group having 1 to 5 carbon atoms, which falls within the claimed range of 1 to 20 carbon atoms (see e.g. [0020]–[0024] of Lee), and Bao discloses the ester containing “f” repeating unit represented by Formula (3) wherein R''=R5, which is hydrogen or an alkyl group having 1 to 3 carbon atoms; R2 is a one carbon alkylene group and A = R6, which may be a functional group having an aromatic ring (see e.g. the “f” repeating unit of Chemical Formula (3) on page 27 and paragraph [60] of Bao). Incorporating the “f” repeating unit of Bao into the oligomer of Lee results in an oligomer having the two repeating units represented by claimed Formula 3.
Lee further discloses a molar ratio of the Formula k repeating unit to the remaining repeating unit(s), k:(m+n), in a range of 70:30 to 99:1 (see e.g. "a molar ratio of the repeating unit k:the repeating unit (m+n) may be in a range of 70:30 to 99:1" in paragraph [0049] of Lee). It would be obvious to a person of ordinary skill in the art that when incorporating Bao's repeating unit as described above, this would correspond to a molar ratio of the claimed aromatic containing repeating unit to the nitrile containing repeating unit ranging from 30:70 to 1:99, which falls within the claimed range of 1:99 to 99:1.
Thus, Lee’s corresponding molar ratio range, when applied to the oligomer as modified by Bao, lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Bao also teaches including this type of repeating unit into the non-aqueous electrolyte solution leads suppression of overcharge of a secondary battery having a high operating voltage and thus enhances the safety of the battery (see e.g. paragraphs [9]-[10] of Bao). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the oligomer of Lee et al. such that it includes the ester containing “f” repeating unit represented by Formula (3) wherein R''=R5, which is hydrogen or an alkyl group having 1 to 3 carbon atoms; R2 is a one carbon alkylene group and A = R6, which may be a functional group having an aromatic ring as taught by Bao et al. in order to prevent overcharge and enhance safety of a secondary battery as suggested by Bao.
Regarding Claim 3, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 2 (see e.g. claim 2 rejection above).
Lee further discloses that R1 is an alkylene group having 1 to 5 carbon atoms (see e.g. paragraphs [0022]–[0024] of Lee).
Lee does not disclose that R2 is an alkylene group having 1 to 3 carbon atoms,
when A is the aromatic hydrocarbon group, the aromatic hydrocarbon group is at least one of benzene, naphthalene, and anthracene, and when A is the heteroaromatic hydrocarbon group, the heteroaromatic hydrocarbon group is at least one of furan, pyrrole, imidazole, pyridine, pyrazine, pyrimidine, pyridazine, 1,2,3- triazine, 1,2,4-triazine, and 1,3,5-triazine.
Bao, however, discloses that the “f” repeating unit of Chemical Formula (3) includes a one carbon alkylene group between the carbonyl group and R6, corresponding to claimed R2 being an alkylene group having 1 to 3 carbon atoms (see e.g. the “f” repeating unit of Chemical Formula (3) and paragraph [60] of Bao).
Bao further discloses that R6, which corresponds to claimed A, may be a functional group having an aromatic ring and specifically identifies naphthalene and naphthyl groups as suitable aromatic functional groups (see e.g. paragraphs [68]–[69] of Bao).
Thus both Lee and Bao disclose a range that lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Bao also teaches including this type of repeating unit into the non-aqueous electrolyte solution leads suppression of overcharge of a secondary battery having a high operating voltage and thus enhances the safety of the battery (see e.g. paragraphs [9]-[10] of Bao). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the oligomer of Lee et al. such that R2 is an alkylene group having 1 to 3 carbon atoms and when A is the aromatic hydrocarbon group, the aromatic hydrocarbon group is at least naphthalene as taught by Bao et al. in order to prevent overcharge and enhance safety of a secondary battery as suggested by Bao.
Regarding Claim 4, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 2 (see e.g. claim 2 rejection above).
Lee further discloses that R1 is an alkylene group having 1 to 5 carbon atoms (see e.g. paragraphs [0022]–[0024] of Lee).
Lee does not disclose that, when A is the aromatic hydrocarbon group, the aromatic hydrocarbon group is benzene, and, when A is the heteroaromatic hydrocarbon group, the heteroaromatic hydrocarbon group is at least one of pyrrole, imidazole, pyridine, pyrazine, pyrimidine, and pyridazine.
Bao, however, discloses that R6, which corresponds to claimed A, may be a functional group having an aromatic ring and specifically identifies benzene ring containing aromatic functional groups, including cyclopentylbenzene, cyclohexylbenzene, t-butylbenzene, and t-amylbenzene (see e.g. paragraphs [68]–[69] of Bao).
Bao also teaches that including this type of repeating unit in the non-aqueous electrolyte solution suppresses overcharge of a secondary battery having a high operating voltage and thereby enhances the safety of the battery (see e.g. paragraphs [9]–[10] of Bao). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the oligomer of Lee et al. such that, when A is the aromatic hydrocarbon group, A includes a benzene ring as taught by Bao et al. in order to suppress overcharge and enhance the safety of the secondary battery as suggested by Bao.
Regarding Claim 6, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
Lee further discloses that the non-aqueous electrolyte solution comprises the oligomer in an amount of 0.6 wt% to 15 wt% based on a total weight of the non-aqueous electrolyte solution (see e.g. "The polymer or oligomer containing the unit represented by Formula 1 may be included in an amount of 0.6 wt % to 15 wt %... based on a total electrolyte weight" in paragraph [0247] of Lee).
Lee discloses a range that lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 7, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
Lee further discloses that the non-aqueous electrolyte solution comprises the oligomer in an amount of 0.6 wt% to 15 wt% based on a total weight of the non-aqueous electrolyte solution (see e.g. "The polymer or oligomer containing the unit represented by Formula 1 may be included in an amount of 0.6 wt % to 15 wt %... based on a total electrolyte weight" in paragraph [0247] of Lee).
Lee discloses a range that lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 8, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
Lee further discloses that the non-aqueous electrolyte solution comprises at least one other additive selected from the group consisting a cyclic carbonate-based compound (see e.g. "The organic solvent may include at least one organic solvent selected from the group consisting of a cyclic carbonate-based organic solvent" in paragraph [0145] of Lee), a nitrile-based compound (see e.g. "an ether-based organic solvent and a nitrile-based organic solvent may be further included" in paragraph [0152] of Lee), and a lithium salt-based compound (see e.g. "LiPF6 as a first lithium salt" in paragraph [0018] of Lee).
Regarding Claim 9, Lee in view of Bao discloses a lithium secondary battery (see e.g. "lithium secondary battery" in paragraph [0271] of Lee) comprising:
a positive electrode (see e.g. "a positive electrode" in paragraph [0271] of Lee) including a positive electrode active material (see e.g. "positive electrode active material" in paragraph [0275]);
a negative electrode (see e.g. "a negative electrode" in paragraph [0271] of Lee) including a negative electrode active material (see e.g. " negative electrode active material" in paragraph [0286] of Lee);
a separator disposed between the negative electrode and the positive electrode (see e.g. "a separator disposed between the negative electrode and the positive electrode" in paragraph [0271] of Lee); and
the non-aqueous electrolyte solution (see e.g. "the gel polymer electrolyte for a lithium secondary battery of the present invention may be provided" in paragraph [0271] of Lee) of claim 1 (see e.g. claim 1 rejection above).
Regarding Claim 10, Lee in view of Bao disclose the lithium secondary battery of claim 9 (see e.g. claim 9 rejection above).
Lee further discloses that the positive electrode active material comprises a lithium composite metal oxide represented by Li(Ni0.8Mn0.1Co0.1)O2 (see e.g. " Li(Ni0.8Mn0.1Co0.1)O2 (NCM) as a positive electrode active material" in paragraph [0307] of Lee). This corresponds directly to the claimed active material when a = 0, x = 0.8, y = 0.1, M1 = Mn, z = 0.1 and w = 0.
Lee discloses a points that lie within the ranges claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 16, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
Lee further discloses that the non-aqueous organic solvent includes a cyclic carbonate-based compound and a linear carbonate-based compound (see e.g. "The organic solvent may include at least one organic solvent selected from the group consisting of a cyclic carbonate-based organic solvent, a linear carbonate-based organic solvent" in paragraph [0145] of Lee).
Regarding Claim 17, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 16 (see e.g. claim 16 rejection above).
Lee further discloses that the cyclic carbonate-based compound includes ethylene carbonate (see e.g. "he cyclic carbonate-based organic solvent may include ethylene carbonate" in paragraph [0147] of Lee) and the linear carbonate-based compound ethyl methyl carbonate (see e.g. "the linear carbonate-based organic solvent... may include... ethyl methyl carbonate (EMC)" in paragraph [0148] of Lee).
Regarding Claim 18, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
Lee further discloses that the lithium salt includes LiPF6 (see e.g. "LiPF6 as a first lithium salt" in paragraph [0018]).
Regarding Claim 19, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 8 (see e.g. claim 8 rejection above).
Lee further discloses that the at least one other additive includes vinylene carbonate (see e.g. "vinylene carbonate" in paragraph [0147] of Lee).
Regarding Claim 20, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 10 (see e.g. claim 10 rejection above).
Lee further discloses that the positive electrode active material comprises Li(Ni0.8Mn0.1Co0.1)O2 (see e.g. " Li(Ni0.8Mn0.1Co0.1)O2 (NCM) as a positive electrode active material" in paragraph [0307] of Lee).
Claims 5 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US-20200185771-A1) in view of Bao et al. (JP 2012-138314 A). as applied to claims 1 and 2 above, and further in view of Kim et al. (WO-2020130575-A1), US-20210328266-A1 is being used as an equivalent translation and referenced below.
Regarding Claim 5, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 2 (see e.g. claim 2 rejection above).
Ass discussed in the claim 2 rejection above, Lee discloses that the oligomer includes the nitrile containing repeating unit shown as repeating unit k1 in Formula 1a, which corresponds to the claimed n1 repeating unit of Formula 3-1 (see e.g. Formula 1a and paragraphs [0050]–[0056] of Lee) and Bao discloses the ester containing “f” repeating unit represented by Formula (3) wherein R''=R5, which is hydrogen or an alkyl group having 1 to 3 carbon atoms; R2 is a one carbon alkylene group and A = R6, which may be a functional group having an aromatic ring (see e.g. the “f” repeating unit of Chemical Formula (3) on page 27 and paragraphs [55] and [60] of Bao).
Bao teaches including this type of repeating unit into the non-aqueous electrolyte solution leads suppression of overcharge of a secondary battery having a high operating voltage and thus enhances the safety of the battery (see e.g. paragraphs [9]-[10] of Bao). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the oligomer of Lee et al. such that it includes the ester containing “f” repeating unit represented by Formula (3) wherein R''=R5, which is hydrogen or an alkyl group having 1 to 3 carbon atoms; R2 is a one carbon alkylene group and A = R6, which may be a functional group having an aromatic ring as taught by Bao et al. in order to prevent overcharge and enhance safety of a secondary battery as suggested by Bao.
Lee in view of Bao, however, do not disclose that A is an imidazole group such that the oligomer includes the particular imidazole containing repeating unit m1 represented in Formula 3-1.
Kim, however, in the same field of endeavor, non-aqueous electrolyte solutions for lithium secondary batteries, discloses an additive for a non-aqueous electrolyte solution which includes a nitrogen containing heteroaryl group and specifically teaches that the heteroaryl group may be derived from imidazole (see e.g. paragraphs [0016]–[0017] and [0050] of Kim). Kim further discloses compounds represented by Formula 1A and 1A-1 which include an imidazole group and a terminal polymerizable double bond (see e.g. Formula 1A and Formula 1A-1 and paragraphs [0053] and [0060] of Kim). Thus by combining the imidazole group with the disclosure of Bao would create the claimed m1 repeating unit in Formula 3-1.
Kim also teaches that including imidazole compounds in the non-aqueous electrolyte reduces resistance and improves high temperature durability by suppressing decomposition of the electrolyte solution and forming a stable SEI (see e.g. paragraph [0019] of Kim). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date, to modify the ester-containing “f” repeating unit of the oligomer represented by Lee et al. in view Bao et al. such that R6, corresponding to claimed A, is an imidazole group as taught by Kim et al. in order to reduce resistance and improve high temperature durability by suppressing decomposition of the electrolyte solution and form a stable SEI as suggested by Kim.
Lee further discloses a molar ratio of the nitrile containing repeating unit k to the remaining repeating unit(s), k:(m+n), in a range of 70:30 to 99:1 (see e.g. paragraph [0049] of Lee). When the remaining repeating unit is the imidazole containing repeating unit, this corresponds to a molar ratio of the claimed imidazole containing repeating unit m1 to the nitrile containing repeating unit n1 ranging from 1:99 to 30:70.
Thus, Lee’s corresponding molar ratio range, when applied to the oligomer as modified by Bao and Kim, lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding Claim 11, Lee in view of Bao disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 1 (see e.g. claim 1 rejection above).
Lee in view of Bao does not disclose that A is the heteroaromatic hydrocarbon group.
Kim, however, discloses an additive represented by Formula 1 wherein A is a substituted or unsubstituted nitrogen containing heteroaryl group having 3 to 7 carbon atoms, corresponding to the claimed heteroaromatic hydrocarbon group (see e.g. Formula 1 in paragraph [0016] and "A is a substituted or unsubstituted nitrogen atom-containing heteroaryl group having 3 to 7 carbon atoms" in paragraph [0017] of Kim).
Kim also teaches that including heteroaromatic hydrocarbon group compounds in the non-aqueous electrolyte reduces resistance and improves high temperature durability by suppressing decomposition of the electrolyte solution and forming a stable SEI (see e.g. paragraph [0019] of Kim). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date, to modify the ester-containing “f” repeating unit of the oligomer represented by Lee et al. in view Bao et al. such that R6, corresponding to claimed A, is a heteroaromatic hydrocarbon group as taught by Kim et al. in order to reduce resistance and improve high temperature durability by suppressing decomposition of the electrolyte solution and form a stable SEI as suggested by Kim.
Regarding Claim 12, Lee in view of Bao and further in view of Kim disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 11 (see e.g. claim 11 rejection above).
Lee in view of Bao do not disclose that the heteroaromatic hydrocarbon group is pyrrole, imidazole, pyridine, pyrazine, pyrimidine, pyridazine, 1,2,3-triazine, 1,2,4-triazine, or 1,3,5-triazine.
Kim, however, discloses that the heteroaromatic hydrocarbon group is pyrrole, imidazole, pyridine or pyrimidine (see e.g. "Ring A may have a ring structure derived from imidazole, pyrrole, pyridine, and pyrimidine, but is not necessarily limited to a specific structure." in paragraph [0050] of Kim).
Kim also teaches that including heteroaromatic hydrocarbon group compounds in the non-aqueous electrolyte reduces resistance and improves high temperature durability by suppressing decomposition of the electrolyte solution and forming a stable SEI (see e.g. paragraph [0019] of Kim). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date, to modify the ester-containing “f” repeating unit of the oligomer represented by Lee et al. in view Bao et al. such that R6, corresponding to claimed A, is a pyrrole, imidazole, pyridine or pyrimidine as taught by Kim et al. in order to reduce resistance and improve high temperature durability by suppressing decomposition of the electrolyte solution and form a stable SEI as suggested by Kim.
Regarding Claim 13, Lee in view of Bao and further in view of Kim disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 12 (see e.g. claim 12 rejection above).
Lee in view of Bao do not disclose that the heteroaromatic hydrocarbon group is imidazole.
Kim, however, discloses that the heteroaromatic hydrocarbon group is imidazole (see e.g. "Ring A may have a ring structure derived from imidazole" in paragraph [0050] of Kim).
Kim also teaches that including heteroaromatic hydrocarbon group compounds in the non-aqueous electrolyte reduces resistance and improves high temperature durability by suppressing decomposition of the electrolyte solution and forming a stable SEI (see e.g. paragraph [0019] of Kim). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date, to modify the ester-containing “f” repeating unit of the oligomer represented by Lee et al. in view Bao et al. such that R6, corresponding to claimed A, is imidazole as taught by Kim et al. in order to reduce resistance and improve high temperature durability by suppressing decomposition of the electrolyte solution and form a stable SEI as suggested by Kim.
Regarding Claim 14, Lee in view of Bao and further in view of Kim disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 5 (see e.g. claim 5 rejection above).
As discussed in the claims 2 and 5 rejections above, Lee discloses that the oligomer includes the nitrile containing repeating unit shown as repeating unit k1 in Formula 1a, which corresponds to the claimed n1 repeating unit of Formula 3-1 (see e.g. Formula 1a and paragraphs [0050]–[0056] of Lee) and Bao discloses the ester containing “f” repeating unit represented by Formula (3) wherein R''=R5, which is hydrogen or an alkyl group having 1 to 3 carbon atoms; R2 is a one carbon alkylene group and A = R6, which may be a functional group having an aromatic ring (see e.g. the “f” repeating unit of Chemical Formula (3) on page 27 and paragraphs [55] and [60] of Bao).
Bao teaches including this type of repeating unit into the non-aqueous electrolyte solution leads suppression of overcharge of a secondary battery having a high operating voltage and thus enhances the safety of the battery (see e.g. paragraphs [9]-[10] of Bao). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the oligomer of Lee et al. such that it includes the ester containing “f” repeating unit represented by Formula (3) wherein R''=R5, which is hydrogen or an alkyl group having 1 to 3 carbon atoms; R2 is a one carbon alkylene group and A = R6, which may be a functional group having an aromatic ring as taught by Bao et al. in order to prevent overcharge and enhance safety of a secondary battery as suggested by Bao.
Lee in view of Bao, however, do not disclose that A is an imidazole group such that the oligomer includes the particular imidazole containing repeating unit m1 represented in Formula 3-1.
Kim, however, in the same field of endeavor, non-aqueous electrolyte solutions for lithium secondary batteries, discloses an additive for a non-aqueous electrolyte solution which includes a nitrogen containing heteroaryl group and specifically teaches that the heteroaryl group may be derived from imidazole (see e.g. paragraphs [0016]–[0017] and [0050] of Kim). Kim further discloses compounds represented by Formula 1A and 1A-1 which include an imidazole group and a terminal polymerizable double bond (see e.g. Formula 1A and Formula 1A-1 and paragraphs [0053] and [0060] of Kim). Thus by combining the imidazole group with the disclosure of Bao would create the claimed m1 repeating unit in Formula 3-1.
Kim also teaches that including imidazole compounds in the non-aqueous electrolyte reduces resistance and improves high temperature durability by suppressing decomposition of the electrolyte solution and forming a stable SEI (see e.g. paragraph [0019] of Kim). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date, to modify the ester-containing “f” repeating unit of the oligomer represented by Lee et al. in view Bao et al. such that R6, corresponding to claimed A, is an imidazole group as taught by Kim et al. in order to reduce resistance and improve high temperature durability by suppressing decomposition of the electrolyte solution and form a stable SEI as suggested by Kim.
Regarding Claim 15, Lee in view of Bao and further in view of Kim disclose the non-aqueous electrolyte solution for a lithium secondary battery of claim 14 (see e.g. claim 14 rejection above).
Lee further discloses a molar ratio of the nitrile containing repeating unit k to the remaining repeating unit(s), k:(m+n), in a range of 70:30 to 99:1 (see e.g. paragraph [0049] of Lee). When the remaining repeating unit is the imidazole containing repeating unit, this corresponds to a molar ratio of the claimed imidazole containing repeating unit m1 to the nitrile containing repeating unit n1 ranging from 1:99 to 30:70.
Thus, Lee’s corresponding molar ratio range, when applied to the oligomer as modified by Bao and Kim, lies within the range claimed by the instant application. In the case where the prior art discloses a range within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure:
Liebler et al. (US-4576870-A)
Glinska et al., The Synthesis of Poly(Vinyl Alcohol) Grafted with Fluorinated Protic Ionic Liquids Containing Sulfo Functional Groups, 8 July 2021" (Year: 2021)
Pathreeker et al., Vinylimidazole-Based Polymer Electrolytes with Superior Conductivity and Promising Electrochemical Performance for Calcium Batteries, 12 Sept 2022" (Year: 2022)
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/J.J.E./Examiner, Art Unit 1723
/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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