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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 99-118 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “about” in claims 99, 101, 106-109, and 118 is a relative term which renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The use of the term renders the claimed concentrations unclear. The specification defines the term as the number qualified and optionally the numbers included in a range about that qualified number that includes +10% of the number (see present specification paragraph 0036). The disclosure further states “For example, about 15% w/w includes 15% w/w as well as 13.5% w/w, 14% w/w, 14.5% w/w, 15.5% w/w, 16% w/w, or 16.5% w/w”. Therefore, the metes and bounds of the claimed ranges are indefinite as is unclear which values are necessarily present in the claimed ranges.
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.
Claims 99-114 and 116-118 are rejected under 35 U.S.C. 103 as being unpatentable over Arnold et al. (WO 2020097018 A1) in view of Kim et al. (US 20080118841 A1).
Regarding claim 99, Arnold discloses a catholyte solution comprising: a lithium salt; and an aprotic C3-C10 heterocyclic molecule comprising at least one sulfur (S) ring atom and optionally substituted with 1 to 6 substituents (paragraph 0006); wherein the lithium salt is selected from the group consisting of LiPF6, lithium bis(oxalato)borate (LiBOB), lithium bis(perfluoroethanesulfonyl)imide (LIBETI), bis(trifluoromethane)sulfonimide (LiTFSI), LiBF4, LiClO4, LiAsF6, lithium bis(fluorosulfonyl)imide (LiFSI), LiI, and combinations thereof (paragraphs 0028, 0038), and wherein the lithium salt is present at a concentration of about 0.5 M to about 5.0 M (paragraph 0039). Arnold is silent regarding wherein the C3-C10 heterocyclic molecule is ethylene sulfite.
Kim discloses a rechargeable lithium battery includes a negative electrode including the negative active material, a positive electrode including a positive active material, and an electrolyte (Kim paragraph 0023). Kim further discloses that the electrolyte comprises an additive which may be ethylene sulfite for the purpose of improving electrochemical characteristics such as low-temperature characteristics (Kim paragraphs 0099, 0139). Kim and Arnold are analogous because they both disclose electrolytes with lithium salts.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Arnold to include ethylene sulfite as disclosed by Kim. Doing so would improve electrochemical characteristics.
Regarding claim 100, modified Arnold discloses the limitations of claim 99. Arnold further discloses that the catholyte solution is in contact with a solid-state electrolyte comprising lithium-stuffed garnet, wherein the solid-state electrolyte is a thin film (paragraphs 0033-0036).
Regarding claim 101, modified Arnold discloses the limitations of claim 99. Arnold further discloses wherein the lithium salt is present at a concentration of about 0.5 M to about 2.0 M (paragraph 0039).
Regarding claim 102, modified Arnold discloses the limitations of claim 99. Arnold further discloses wherein the lithium salt is LiTFSI, LiBF4, or combinations thereof (paragraphs 0037-0038, claim 4).
Regarding claim 103, modified Arnold discloses the limitations of claim 102. Arnold further discloses wherein the lithium salt is a combination of LiTFSI and LiBF4 (paragraphs 0037-0038, claim 4).
Regarding claim 104, modified Arnold discloses the limitations of claim 99. Arnold further discloses wherein the lithium salt is LiPF6, LiFSI, or combinations thereof (paragraphs 0037-0038, claim 4).
Regarding claim 105, modified Arnold discloses the limitations of claim 104. Arnold further discloses wherein the lithium salt is a combination of LiPF6 and LiFSI (paragraphs 0037-0038, claim 4).
Regarding claim 106, modified Arnold discloses the limitations of claim 102. Arnold further discloses wherein LiTFSI is present at a concentration of about 0.5 M (paragraph 00121).
Regarding claim 107, modified Arnold discloses the limitations of claim 102. Arnold further discloses wherein LiBF4 is present at a concentration of about 1.2 M to about 1.4 M (paragraph 00121-00125).
Regarding claim 108, modified Arnold discloses the limitations of claim 104. Arnold further discloses wherein LiFSI is present at a concentration of about 0.5 M (paragraphs 00121-00125).
Regarding claim 109, modified Arnold discloses the limitations of claim 104. Arnold further discloses wherein LiPF6 is present at a concentration of about 1.2 M to about 1.4 M (paragraphs 00121-00125).
Regarding claim 110, modified Arnold discloses the limitations of claim 99. Arnold further discloses comprising 1,3-propane sultone (paragraph 0033).
Regarding claim 111, modified Arnold discloses the limitations of claim 99. Arnold further discloses comprising thiophene (paragraph 0033).
Regarding claim 112, modified Arnold discloses the limitations of claim 99. Arnold further discloses an additive selected from the group consisting of tris(trimethysilyl) phosphite (TTSPi); tris(trimethysilyl) phosphate (TTSPa); trimethoxyboroxine (C3H9B3O6); vinylene carbonate (VC); vinyl ethylene carbonate (VEC); methylene methane disulfonate (MMDS); prop-1-ene-1,3 sultone (PES); 1,3-propane sultone; fluoroethylene carbonate (FEC); LiTFSi; LiBOB; succinonitrile; trimethylene sulfate (TMS); triallyl phosphate (TAP); tris(trimethylsilyl) borate (TMSB); tris(pentafluorophenyl) borane (TPFPB); and combinations thereof (paragraph 0076).
Regarding claim 113, modified Arnold discloses the limitations of claim 112. Arnold further discloses that the additive is TTSPi (paragraph 0077).
Regarding claim 114, modified Arnold discloses the limitations of claim 112. Arnold further discloses wherein the additive is TTSPa (paragraphs 0076-0077).
Regarding claim 116, modified Arnold discloses the limitations of claim 100. Arnold further discloses wherein the solid-state electrolyte is a lithium-stuffed garnet characterized by a formula selected from the group consisting of LiALaBM′CM″DZEOF, LiALaBMCM″DTaEOF, and LiALaBM′CM″DNbEOF, wherein 4<A<8.5, 1.5<B<4, 0≤C<2.5, 0≤D<2.5; 0<E<2.5, 10<F<14, and wherein M′ and M″ are each, independently, selected from the group consisting of Al, Mo, W, Nb, Ga, Y, Gd, Sb, Ca, Ba, Sr, Ce, Hf, Rb, and Ta (paragraphs 00049, 0088-0095).
Regarding claim 117, modified Arnold discloses the limitations of claim 99. Arnold further discloses an electrochemical cell comprising the solution (paragraph 0006).
Regarding claim 118, modified Arnold discloses a method for making a catholyte solution (paragraph 0007), comprising: mixing an aprotic C3-C10 heterocyclic molecule comprising at least one sulfur (S) ring atom and optionally substituted with 1 to 6 substituents; and a lithium salt (paragraph 0007); wherein lithium salt is selected from the group consisting of LiPF6, lithium bis(oxalato)borate (LiBOB), lithium bis(perfluoroethanesulfonyl)imide (LIBETI), bis(trifluoromethane)sulfonimide (LiTFSI), LiBF4, LiClO4, LiAsF6, lithium bis(fluorosulfonyl)imide (LiFSI), LiI, and combinations thereof (paragraphs 0028, 0038); wherein the lithium salt is present at a concentration of about 0.5 M to about 5.0 M; thereby providing the catholyte solution (paragraph 0039). Arnold is silent regarding wherein the C3-C10 heterocyclic molecule is ethylene sulfite.
Kim discloses a rechargeable lithium battery includes a negative electrode including a negative active material, a positive electrode including a positive active material, and an electrolyte (Kim paragraph 0023). Kim further discloses that the electrolyte comprises an additive which may be ethylene sulfite for the purpose of improving electrochemical characteristics such as low-temperature characteristics (Kim paragraphs 0099, 0139). Kim and Arnold are analogous because they both disclose electrolytes with lithium salts.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Arnold to include ethylene sulfite as disclosed by Kim. Doing so would improve electrochemical characteristics.
Claim 115 is rejected under 35 U.S.C. 103 as being unpatentable over Arnold et al. (WO 2020097018 A1) in view of Kim et al. (US 20080118841 A1) as applied to claim 112, and further in view of Smart et al. (US 20120141883 A1).
Regarding claim 115, modified Arnold discloses the limitations of claim 112. Arnold is silent regarding wherein the additive is TTFEP.
Smart discloses electrolytes comprising electrolyte additives (Smart abstract). Smart further discloses that the electrolytes may comprise tris(2,2,2-trifluoroethyl)phosphite for the purpose of improving safety characteristics and a wide temperature range performance (Smart paragraphs 0112, 0122). Smart and Arnold are analogous because they both disclose electrolyte solutions comprising additives.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Arnold to include the additive disclosed by Smart for the purpose of improving safety characteristics and a wide temperature range performance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN T LUSTGRAAF whose telephone number is (571)272-0165. The examiner can normally be reached Monday - Friday 8:30 am - 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/B.T.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights