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 § 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kita et el. (US 20070224504 A1), hereinafter Kita, in view of Yamatani (WO 2021166877 A1, using US 20230087788 A1 as the English equivalent), hereinafter Yamatani.
Regarding claims 1 and 5, Kita teaches a nonaqueous electrolyte energy storage device, in this case a nonaqueous secondary battery [0001], having an end-of-discharge voltage of 3.2 V or higher in normal use [0117], and comprising a nonaqueous electrolyte containing sulfates, in this case a sulfur-containing organic solvent like diethyl sulfate [0097], as required by claim 1. This is considered to be equivalent to Kita teaching a method for using a nonaqueous electrolyte energy storage device, comprising discharging the nonaqueous electrolyte energy storage device including a nonaqueous electrolyte containing sulfates at an end-of-discharge voltage in a range of 3.2 V or higher.
Kita is silent as to the sulfates including a plurality of sulfur atoms in one molecule. However, Yamatani teaches a nonaqueous electrolyte energy storage device [0001] comprising a nonaqueous electrolyte containing a sulfate compound [0068]. Examples thereof include a chain sulfate compound [0069], like diethyl sulfate [0078], and a sulfate compound containing a sulfonyloxyalkyl group [0073], as represented by Chemical Formulas 3 and 4 below, which are considered to be equivalent to sulfates
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288
210
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Greyscale
including a plurality of sulfur atoms in one molecule.
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233
253
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Greyscale
Therefore, the sulfate compounds containing a sulfonyloxyalkyl group, as represented by Chemical Formulas 3 and 4, are considered to be art recognized equivalents to diethyl sulfate.
Kita and Yamatani are both considered to be analogous to the claimed invention because they are in the same field of nonaqueous electrolyte energy storage devices comprising a nonaqueous electrolyte containing sulfates. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to substitute the diethyl sulfate solvent of Kita with the art recognized equivalent sulfate compound solvent of Yamatani. See MPEP 2144.06.II. Further, the selection of a known material, in this case a sulfate compound represented by Chemical Formulas 3 and 4, based on its suitability for its intended use, in this case as a sulfate compound solvent in a nonaqueous electrolyte energy storage device, supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).
Regarding claim 2, modified Kita teaches the nonaqueous electrolyte energy storage device according to claim 1. Kita further teaches the voltage of the positive electrode with reference to the potential of lithium being conveniently calculated as a voltage obtained by adding 0.1 V to the battery voltage [0080]. At an end-of-discharge voltage of 3.2 V or higher [0117], the battery would have a positive electrode voltage of 3.3 V with reference to the potential of lithium or higher, which overlaps with the claimed range of 3.4 V (vs. Li/Li+) or higher. Therefore, it would have been obvious for one of ordinary skill in the art to select a positive electrode potential within the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 3, modified Kita teaches the nonaqueous electrolyte energy storage device according to claim 1. Kita further teaches a positive electrode including a lithium-transition metal composite oxide containing a nickel element and a manganese element, in this case represented by formula (1), LixM1 yM2 zM3 vO2, wherein M1 represents at least one transition metal element selected from Co, Ni and Mn [0036].
Regarding claim 4, modified Kita teaches the nonaqueous electrolyte energy storage device according to claim 1. Kita further teaches a device comprising the nonaqueous electrolyte energy storage device, such as computers, phones, and televisions, among other things [0119].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN KENWOOD VAN KIRK whose telephone number is (703)756-4717. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/DUSTIN VAN KIRK/Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722
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