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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/272,581, filed on 03/01/2021.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 7, the recitation “the gel polymer electrolyte” should be “a gel polymer electrolyte” and in lines 8 – 9, the recitation “a composition for a gel polymer electrolyte” should be “a composition for the gel polymer electrolyte”. Appropriate correction is required.
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.
Claim(s) 1 – 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (WO2016053064A1, EP equivalent: EP3203565A1 used for citation and translation purposes – both cited in 06/10/2024 IDS) in view of Choi (US PG Pub. 2015/0318575 A1 – cited in 06/10/2024 IDS).
Regarding Claim 1, Ahn discloses a lithium secondary battery ([0092]) comprising a positive electrode ([0092];[0098 – 0100]), a negative electrode ([0092];[0101 – 00102]); and a separator ([0092]).
Generally, Ahn teaches using a carbon metal, a lithium metal, silicon, or tin for the negative electrode active material a further teaches using a current collector when forming the electrodes of the battery ([0098];[0101]), as such Ahn at least suggests using, for the negative electrode of the battery, an metal electrode in which a metal is stacked on a negative electrode current collector but does not explicitly disclose an embodiment of the battery including such a negative electrode.
However, since Ahn teaches a finite selection of negative electrode active material, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to routinely select lithium metal for the negative electrode active material, and thus obtain a negative electrode within the claimed scope, with a reasonable expectation of success that such a selection would be a suitable negative electrode material for the battery of Ahn [See MPEP 2143(I)(E)].
Ahn further discloses the lithium secondary battery comprising a gel polymer electrolyte ([0025];[0051];[0081 – 0082]), wherein the gel polymer electrolyte prepared by polymerization of a composition for the gel polymer electrolyte ([0083 – 0085]): comprising a lithium salt ([0072 – 0073];[0083]), a non-aqueous solvent ([0072];[0074];[0083]), an oligomer ([0083 – 0084]), and a polymerization initiator ([0083];[0086 – 0087]).
Ahn specifically provides Formulas 7a – to 7d as examples of the oligomer included in the gel electrolyte ([0051]). Furthermore, in Example 2, Ahn discloses a working embodiment of the polymer gel electrolyte that includes Formula 7b ([0116]).
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Annotated image of Formula 7b from Ahn.
Formula 7b possesses a structure that is within the scope of claimed Formula 1, that is, in Formula 7b the corresponding R1 is an R1'-O-, wherein R1' is an alkylene group having 3 carbon atoms, which is within the claimed range of 1 to 5 carbon atoms (Refer to group labeled R1 in annotated Formula 7b above), the corresponding R2 is an -O-R2'-, wherein R2' is an alkylene group having 3 carbon atoms, which is within the claimed range of 1 to 5 carbon atoms (Refer to R2 in annotated Formula 7b above); the corresponding R4, R5, R6, and R7 are each an alkyl group having 1 carbon atoms [i.e. -CH3}, which is within the claimed range of 1 to 3 carbon atoms (Refer to R4 – 7 in annotated Formula 7b above); the corresponding R and R3 are each independently an aliphatic hydrocarbon group (Refer to R and R3 in annotated Formula 7b above); the corresponding R8 and R9 are each an alkylene group having 1 carbon atom, which is within the claimed range of 1 to 5 carbon atoms (Refer to R8 and R9 in annotated Formula 7b above); the corresponding c and c1 are each independently 3 (Refer to the number of structures labeled c and c1 in annotated Formula 7b above) which is within the claimed range of an integer of 1 to 3; and the corresponding d and d1 are each independently 2 (Refer to the number of structures labeled d and d1 in annotated Formula 7b above) which is within the claimed range of an integer of 0 to 2.
Formula 1 of the instant claim shows that groups Ra – Rd are dependent on the number of c, c1, d, and d1 groups. Based on the applicant’s Formula 1, when c and c1 = 3 and d and d1 = 2, groups Ra – Rd are not included in the oligomer of the electrolyte. Therefore, Formula 7b’s structure further meets the claim limitation of wherein Ra, Rb, Rc, and Rd are each independently hydrogen or an alkyl group having 1 to 3 carbon atoms, because Ahn’s Formula 7b is Formula 1 when Ra-Rd each respectively have a subscript of zero, and; thus, is necessarily within the claimed composition.
In Formula 7b, m, k, and r range from 1 – 30, 1 – 200, and 1 – 400, respectively ([0051]). By having the value of m range from 1 – 30, Ahn’s corresponding y and z values are each independently within the claimed range of an integer of 1 to 100, as m in Formula 7b pertains to the same groups as y and z in the applicant’s formula. The values of k and r in Formula 7b pertain to the same groups as o and x in the applicant’s formula and have disclosed ranges that overlap the claimed ranges of o and x, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Therefore, absent a showing of criticality, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed Invention, to have selected k and r values within the claimed range, with a reasonable expectation of success in forming an oligomer with the structure shown in Formula 7b that is suitable for use in a gel electrolyte for a battery and is capable of providing the benefits of improved mechanical properties, separator affinity, and ionic conductivity ([0055 – 0057]), because such values would be within the compositional ranges taught Ahn to provide such benefits.
Ahn teaches the use of non-aqueous solvents typically used in electrolyte solutions for a lithium secondary battery such as cyclic carbonates, ethers, esters, and nitriles ([0074]). Ahn further teaches that the solvents may be used alone or in mixtures ([0074]). Furthermore, in Example 2, Ahn prepares their gel electrolyte that includes the oligomer represented by Formula 7b by with a non-aqueous solvent mixture including ethylene carbonate, ethyl methyl carbonate, and dimethyl carbonate with LiPF6 as the lithium salt ([0116]).
As such modified Ahn, as established above, does not explicitly disclose an embodiment of gel polymer composition comprising a non-aqueous solvent including a glyme-based solvent in an amount of 50 – 100% by weight based on the total weight of non-aqueous organic solvent and further the solvent optionally comprising a carbonate-based organic solvent.
Choi teaches an electrolyte for a lithium secondary battery including a lithium salt and a non-aqueous solvent consisting of an ether based solvent and a glyme based solvent ([0012]). Choi further teaches that electrolyte may further include carbonate solvents, both cyclic and linear, to further improve the dissociation of lithium salts within the electrolyte ([0018];[0021 – 0023]). In Choi, glyme based solvents, in comparison to carbonate solvent, are taught to have larger dipole moments which improve the migration of lithium ions and dissociation degree of lithium salts ([0013]). Choi teaches a preference for using diglyme as the glyme based solvent and dimethyl ether as the ether based solvent ([0016]). Example 1 of Choi discloses a specific electrolyte solvent composition of ethylene carbonate, dimethoxyethane, and diglyme mixed in a volumetric ratio of 20:25:55 with LiPF6 as the lithium salt (Example 1; [0070]). The electrolyte composition of example 1, when included in a battery, is shown in Choi to provide superior lifespan characteristics when compared to a battery including an electrolyte composition of ethylene carbonate, dimethyl carbonate, and ethyl methyl carbonate mixed in a volumetric ratio of 20:40:40 with LiPF6 as the lithium salt (Fig. 2; [0072];[0075]).
It would have been obvious to one with ordinary skill in the art to modify Ahn’s example gel electrolyte composition non-aqueous solvent to be a solvent including ethylene carbonate, dimethoxyethane, and diglyme mixed in a volumetric ratio of 20:25:55, as taught by Choi, with a reasonable expectation of success in obtaining a gel electrolyte material with improved lithium ion migration and improved lithium salt dissociation, and achieving the overall benefit of a battery with superior lifespan characteristics.
By including the solvent as exemplified by Choi, modified Ahn’s non-aqueous solvent is within the claimed non-aqueous solvent scope, that is it comprises a glyme-based solvent {i.e. diglyme and dimethoxyethane} and a carbonate-based organic solvent {i.e. ethylene carbonate}. Additionally, one with ordinary skill in the art would recognize that the volumetric ratio of a solvent mixture provides the weight ratio of solvent mixture when the volumes of each solvent are multiplied by their respective density; thus, modified Ahn’s volumetric ratio of 20:25:55 {i.e. ethylene carbonate:dimethoxyethane: diglyme} provides a weight ratio of ≈ 26:22:52 (Choi: Example 1; [0070]). As such, since dimethoxyethane is also a glyme-based solvent {i.e. monoglyme}, modified Ahn’s non-aqueous solvent includes ≈ 74% by weight of glyme-based solvent, which is within the claimed range of 50 – 100% by weight.
Regarding Claim 2, modified Ahn discloses all limitations as set forth above. As established above, modified Ahn’s non-aqueous solvent includes ethylene carbonate, dimethoxyethane, and diglyme mixed in a volumetric ratio of 20:25:55 (Choi: Example 1; [0070]); therefore, in modified Ahn the glyme-based solvent is dimethoxyethane and diglyme, which is within the claimed scope of at least one selected from the groups consisting of dimethoxyethane (monoglyme), diglyme, triglyme, and tetraglyme.
Regarding Claims 3 – 4, modified Ahn discloses all limitations as set forth above. As established above, modified Ahn’s non-aqueous solvent includes ethylene carbonate, dimethoxyethane, and diglyme mixed in a volumetric ratio of 20:25:55 (Choi: Example 1; [0070]); therefore, by including ethylene carbonate, modified Ahn’s non-aqueous organic solvent further comprises carbonate-based organic solvent.
Additionally, one with ordinary skill in the art would recognize that the volumetric ratio of a solvent mixture provides the weight ratio of solvent mixture when the volumes of each solvent are multiplied by their respective density; thus, modified Ahn’s volumetric ratio of 20:25:55 {i.e. ethylene carbonate:dimethoxyethane: diglyme} provides a weight ratio of ≈ 26:22:52 (Choi: Example 1; [0070]), and, since dimethoxyethane is also a glyme-based solvent {i.e. monoglyme}, modified Ahn has a weight ratio of glyme-based solvent to carbonate-based organic of 74:26 ≈ 1:0.35, which is within the claimed range of 1:9 to 9:1 (Claim 4).
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Annotated image of Formula 7b from Ahn.
Regarding Claims 5 – 6, modified Ahn discloses all limitations as set forth above. Furthermore, in Formula 7b {i.e. corresponds to claimed Formula 1} of Ahn, the corresponding R1 is has a -R’-O- structure where R’ is an alkylene group having 3 carbon atoms (Refer to group labeled R1 in annotated Formula 7b above), which is within the claimed R1 structure of -R1’-O-, wherein R1’ is an alkylene group having 1 to 5 carbon atom (Claim 5) and further an alkylene group having 2 to 5 carbon atom (Claim 6); the corresponding R2 has a -O-R’- structure where R’ is an alkylene group having 3 carbon atoms (Refer to group labeled R2 in annotated Formula 7b above), which is within the claimed R2 structure of -R2’-O-, wherein R2’ is an alkylene group having 1 to 5 carbon atom (Claim 5) and further an alkylene group having 2 to 5 carbon atom (Claim 6); the corresponding R4, R5, R6 and R7 are each -CH3 having 1 carbon atom (Refer to groups labeled R4, R5, R6, and R7 in annotated Formula 7b above), which is within the claimed R4-7 structures of an alkyl group having 1 to 3 carbon atoms (Claims 5 & 6); and R8 and R9 are each independently alkylene groups having 1 carbon atom (Refer to groups labeled R8 and R9 in annotated Formula 7b above), which is within the claimed R8 and R9 structures of an alkylene group having 1 to 3 carbon atoms (Claim 5) and further alkylene group having 1 to 2 carbon atoms (Claim 6).
Formula 1 of the instant claim shows that groups Ra – Rd are dependent on the number of c, c1, d, and d1 groups. Based on the applicant’s Formula 1, when c and c1 = 3 and d and d1 = 2, groups Ra – Rd are not included in the oligomer of the electrolyte. Therefore, Formula 7b’s structure meets the claim limitation of wherein Ra, Rb, Rc, and Rd are each independently hydrogen (Claims 5 & 6), because Ahn’s Formula 7b is Formula 1 when Ra-Rd each respectively have a subscript of zero.
Regarding Claim 7, modified Ahn discloses all limitations as set forth above. Formula 7b of modified Ahn is substantially the same as the claimed Formula 1a except for the following discussion regarding overlapping ranges.
In Formula 7b, m, k, and r range from 1 – 30, 1 – 200, and 1 – 400, respectively ([0051]). By having the value of m range from 1 – 30, Ahn’s y and z values are each independently within the claimed range of an integer of 1 to 100, as m in Formula 7b pertains to the same groups as y and z in the applicant’s formula. The values of k and r in Formula 7b pertain to the same groups as o and x in the applicant’s formula and have disclosed ranges that overlap the claimed ranges of o and x, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to have selected k and r values within the claimed range, with a reasonable expectation of success in forming an oligomer with the structure shown in Formula 7b that is suitable for use in a gel electrolyte for a battery and is capable of providing the benefits of improved mechanical properties, separator affinity, and ionic conductivity ([0055 – 0057]), because such values would be within the compositional ranges taught Ahn to provide such benefits.
Regarding Claim 8, modified Ahn discloses all limitations as set forth above. In example 2, Ahn discloses using 5 wt% of the oligomer of Formula 7b to prepare the gel polymer electrolyte ([0116]), which is within the claimed wt% range of 0.1 wt% to 80 wt% based on a total weight of the composition for a gel polymer electrolyte.
Regarding Claim 9, modified Ahn discloses all limitations as set forth above. As established above, the negative electrode of modified Ahn utilizes lithium metal ([0101]), as such in modified Ahn the metal of the negative electrode is lithium which is within the selection of claim 9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARYANA Y ORTIZ whose telephone number is (571)270-5986. The examiner can normally be reached M-F 7:00 AM - 5:00 PM.
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/A.Y.O./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 09/19/2026
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