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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 06/03/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is 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.
Claims 1-3, and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (US 2022/0158246 A1) in view of Terada et al. (US 2022/0271340 A1).
Regarding claim 1, Liang discloses a secondary battery ([0006] lithium ion battery) comprising:
A positive electrode ([0006] positive electrode);
A negative electrode ([0006] negative electrode);; and
An electrolytic solution including an electrolyte salt ([0019] lithium ion battery includes an electrolyte that includes a lithium salt and an organic solvent; [0006] lithium slat includes the formula 1 below), wherein
The electrolyte salt includes at least one of a first imide anion according to formula 1
PNG
media_image1.png
72
620
media_image1.png
Greyscale
PNG
media_image2.png
196
590
media_image2.png
Greyscale
Wherein each R1 and R2 is either a fluorine group or a fluorinated alkyl group, wherein X1, X2 and X3 can be a carbonyl group, a sulfinyl group or a sulfonyl group, and at least one of F1 or R2 is the fluorinated alkyl group ([0006]).
Liang is silent wherein X2 is a carbonyl group instead discloses wherein the X2 is a sulfonyl group.
Terada discloses a nonaqueous electrolyte solution for a lithium ion secondary battery and is analogous with the instant invention as being within the same field of endeavor of batteries. Terada further discloses wherein the electrolyte can have a compound represented by general formula and such as formula 1a ([0016-0021]) wherein R1 and R2 can be a sulfonyl group with a fluorinated chain ([0016-0021]) in order to provide an electrolyte solution with a low initial resistance value for the battery ([0016-0022]).
PNG
media_image3.png
282
734
media_image3.png
Greyscale
PNG
media_image4.png
300
818
media_image4.png
Greyscale
Therefore, it would have been obvious for a skilled artisan to substitute the electrolyte salt of Liang for the compound as taught by Terada as a simple substitution of one electrolyte solution for another with reasonable expectation of success as both compounds of Liang and Terada are similar, analogous to each other and can be used lithium ion batteries. The resulting modification would render obvious all the claim limitations of claim 1. See MPEP 2143 B.
Regarding claims 2-3, modified Liang discloses all the claim limitations of claim 1. Modified Liang further discloses wherein the electrolyte slat includes a light metal ion as a cation such as a lithium ion (Liang [0019-0025] Lithium ion is provided; Terada [0055] one cation such as a lithium ion for the ionic salt for the electrolyte).
Regarding claim 5, modified Liang discloses all the claim limitations of claim 1. Liang further discloses wherein the electrolytic solution further includes at least one of an unsaturated cyclic carbonic acid ester, a fluorinated cyclic carbonic acid ester, a sulfonic acid ester, a dicarboxylic acid anhydride, a disulfonyl acid anhydride, a sulfuric acid ester, a nitrile compound, or an isocyanate compound ([0038] methyl propionate is an example of a chain carboxylic acid ester; ethylene carbonate is a cyclic carbonic acid ester).
Regarding claim 6, modified Liang discloses all the claim limitations of claim 1. Liang further discloses wherein the electrolytic solution further includes at least one of lithium hexafluorophosphate ([0031]).
Regarding claim 7, modified Liang discloses all the claim limitations of claim 1. Liang further discloses wherein the secondary battery comprises a lithium ion secondary battery ([0031] lithium ion secondary battery).
Regarding claim 8, Liang discloses an electrolytic solution including an electrolyte salt ([0019] lithium ion battery includes an electrolyte that includes a lithium salt and an organic solvent; [0006] lithium slat includes the formula 1 below), wherein
The electrolyte salt includes at least one of a first imide anion according to formula 1
PNG
media_image1.png
72
620
media_image1.png
Greyscale
PNG
media_image2.png
196
590
media_image2.png
Greyscale
Wherein each R1 and R2 is either a fluorine group or a fluorinated alkyl group, wherein X1, X2 and X3 can be a carbonyl group, a sulfinyl group or a sulfonyl group, and at least one of F1 or R2 is the fluorinated alkyl group ([0006]).
Liang is silent wherein X2 is a carbonyl group instead discloses wherein the X2 is a sulfonyl group.
Terada discloses a nonaqueous electrolyte solution for a lithium ion secondary battery and is analogous with the instant invention as being within the same field of endeavor of batteries. Terada further discloses wherein the electrolyte can have a compound represented by general formula and such as formula 1a ([0016-0021]) wherein R1 and R2 can be a sulfonyl group with a fluorinated chain ([0016-0021]) in order to provide an electrolyte solution with a low initial resistance value for the battery ([0016-0022]).
PNG
media_image3.png
282
734
media_image3.png
Greyscale
PNG
media_image4.png
300
818
media_image4.png
Greyscale
Therefore, it would have been obvious for a skilled artisan to substitute the electrolyte salt of Liang for the compound as taught by Terada as a simple substitution of one electrolyte solution for another with reasonable expectation of success as both compounds of Liang and Terada are similar, analogous to each other and can be used lithium ion batteries. The resulting modification would render obvious all the claim limitations of claim 8. See MPEP 2143 B.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (US 2022/0158246 A1) in view of Terada et al. (US 2022/0271340 A1) as applied to claim 1 above, and further in view of Yamaguchi et al (US 2004/0234866 A1).
Regarding claim 4, modified Liang discloses all the claim limitations of claim 1, however, is silent with respect to the electrolytic solution comprising a content of salt to solvent being between 0.2-2.00 moles per kilogram.
Yamaguchi discloses a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Yamaguchi discloses wherein a content of the electrolyte salt in relation to the solvent in the electrolyte is preferably from 0.36 mol/kg to 1.52 mol/kg, and more preferably from 0.5 mol/kg to 1.4 mol/kg. Within the range, ion conductivity in the electrolyte 24 can be improved ([0043]).
Therefore, it would have been obvious in view of a skilled artisan to adjust the content of the salt and solvent within the electrolyte such that the content of salt to solvent is between 0.36-1.52 mol/kg as taught by Yamaguchi in order to improve the ion conductivity of the electrolyte. Thus all the claim limitation of claim 4 are rendered obvious through the combination as the prior art discloses an overlapping range for the electrolyte content. 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, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. (US 2019/0198924 A1)-discloses an electrolyte for a lithium secondary battery wherein a salt of the anion is seen in the chemical formulas 1-6.
Liang et al. (US 2022/0123368 A1)- discloses a secondary battery having a lithium salt for an electrolyte made from a compound according to formula 1.
Zhou (CN 102786443 A-as cited in the IDS)-discloses a sulfamide alkali metal salt for a battery that is analogous with the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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, Matthew Martin can be reached at (571)270-7871. 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.
/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
Prosecution Insights