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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/7/25, 7/9/24, and 4/16/25 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/054308 A1 (WO’308) in view of US 2017/0149100 A1 (US’100).
As to Claim 1:
WO’308 discloses a nonaqueous electrolyte secondary battery comprising a positive electrode, a negative electrode, and a nonaqueous electrolyte, as illustrated by battery B2 of Comparative Example 2 and the battery preparation procedures incorporated therein (WO’308, Pgs. 20–21); the positive electrode includes a positive electrode current collector and a positive electrode active material layer supported on the current collector, wherein positive-electrode slurry is applied to aluminum foil, dried, and rolled to form a positive-electrode mixture layer on the foil (WO’308, Pg. 18); the positive electrode active material layer includes a positive electrode active material and a conductive material, wherein B2 uses the second composite-oxide particles as the active material and incorporates the multiwall carbon nanotube conductive formulation of Example 3 (WO’308, Pgs. 18, 20–21); the positive electrode active material layer has a peak pore diameter within 0.50 μm to 0.70 μm, wherein B2 has a reported pore mode diameter of 0.6, read as 0.6 μm in the context of the surrounding examples reporting the same pore-mode parameter in μm, with the pore mode being mapped to the claimed peak pore diameter (WO’308, Pgs. 6, 18, 20–21); a content of the conductive material in the positive electrode active material layer is 0.2% by mass to 1.0% by mass, wherein B2 incorporates Example 3’s formulation containing 0.5 parts by mass of multiwall carbon nanotubes per 100 parts by mass of active material, with acetylene black omitted and the 0.6 parts by mass of polyvinylidene fluoride binder retained from Example 1, resulting in a conductive-material content of 0.5/(100 + 0.5 + 0.6) × 100 = approximately 0.4946% by mass of the dry layer (WO’308, Pgs. 18, 20–21); 80% by mass or more of the conductive material is carbon nanotubes, wherein the incorporated Example 3 formulation expressly omits acetylene black and uses multiwall carbon nanotubes as the sole conductive additive, thereby providing a CNT fraction of 100% of the conductive material (WO’308, Pgs. 20–21); and the nonaqueous electrolyte includes a nonaqueous solvent and an electrolyte salt, wherein the incorporated electrolyte preparation uses an organic solvent mixture containing LiPF₆ at a concentration of 1.0 mol/L (WO’308, Pg. 20).
However, WO’308 does not expressly disclose that the electrolyte of battery B2 includes a positive electrode film forming agent. Although its general electrolyte disclosure lists LiPF₂O₂ and permits combinations of lithium salts, it does not expressly identify that compound as a positive electrode film forming agent in B2 (WO’308, Pg. 17).
US’100 discloses a nonaqueous electrolyte containing an organic solvent, a supporting electrolyte salt, and lithium difluorophosphate, LiPO₂F₂ (US’100, [0059]–[0062]). US’100 further teaches that lithium difluorophosphate decomposes during charging and that its decomposition product deposits or adsorbs on the positive electrode active material to form a film that suppresses dissolution of transition-metal elements from the positive electrode active material (US’100, [0015]). Thus, lithium difluorophosphate functions as the claimed positive electrode film forming agent. US’100 also identifies concentrations suitable for forming that film (US’100, [0063]).
WO’308 and US’100 are analogous art because both concern nonaqueous electrolyte secondary batteries comprising positive and negative electrodes and lithium-salt-containing electrolytes, including the construction and protection of positive electrode active material layers (WO’308, Pgs. 17–21; US’100, [0038], [0041], [0059]–[0062]).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate lithium difluorophosphate into the electrolyte of WO’308’s battery B2, while retaining its disclosed electrode formulation, to form a protective positive-electrode film and suppress transition-metal dissolution as taught by US’100, with a reasonable expectation of compatible use supported by WO’308’s express inclusion of LiPF₂O₂ among suitable electrolyte salts and permission to combine lithium salts (WO’308, Pg. 17; US’100, [0015], [0062]–[0063]).
As to Claim 2:
See the rejection of claim 1, from which claim 2 depends. WO’308 further discloses that the conductive material consists only of carbon nanotubes. Specifically, Example 3 uses multiwall carbon nanotubes as the conductive additive and expressly omits acetylene black from the positive-electrode formulation. Comparative Example 2, battery B2, incorporates Example 3’s positive-electrode preparation while changing the active-material particle composition. Accordingly, B2 retains carbon nanotubes as the sole conductive additive (WO’308, Pgs. 18, 20–21).
As to Claim 3:
See the rejection of claim 1, from which claim 3 depends. WO’308 additionally identifies lithium difluorophosphate, expressed as LiPF₂O₂, among suitable electrolyte salts and discloses that two or more lithium salts may be used in combination (WO’308, Pg. 17).
However, WO’308 does not expressly disclose selecting lithium difluorophosphate for battery B2’s electrolyte as a positive electrode film forming agent (WO’308, Pgs. 20–21).
US’100 discloses lithium difluorophosphate, LiPO₂F₂, as an electrolyte component that decomposes during charging to form a film on the positive electrode active material, thereby suppressing dissolution of transition-metal elements from that material (US’100, [0015], [0062]). US’100 further teaches incorporating the compound at a concentration sufficient to form the positive-electrode film (US’100, [0063]). Thus, US’100 teaches lithium difluorophosphate as the claimed positive electrode film forming agent. Selecting lithium difluorophosphate satisfies the requirement that the agent be at least one compound selected from lithium difluorophosphate and lithium fluorosulfate.
WO’308 and US’100 are analogous art because both concern nonaqueous electrolyte secondary batteries comprising positive-electrode active-material layers and lithium-salt-containing electrolytes, including electrolyte compositions for improving battery performance (WO’308, Pgs. 17–21; US’100, [0015], [0038], [0059]–[0063]).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate lithium difluorophosphate into WO’308’s B2 electrolyte as taught by US’100, to form a protective positive-electrode film and suppress transition-metal dissolution, with a reasonable expectation of compatible use supported by WO’308’s express identification of that compound as a suitable electrolyte salt and permission to combine lithium salts (WO’308, Pg. 17; US’100, [0015], [0062]–[0063]).
As to Claim 4:
See the rejection of claim 1, from which claim 4 depends. WO’308 further discloses that the content of the conductive material in the positive electrode active material layer is 0.4% by mass to 1.0% by mass. Specifically, Comparative Example 2, battery B2, incorporates Example 3’s positive-electrode preparation, which uses 0.5 parts by mass of multiwall carbon nanotubes per 100 parts by mass of positive-electrode active material and expressly omits acetylene black (WO’308, Pgs. 20–21). Example 3 otherwise follows Example 1, retaining its 0.6 parts by mass of polyvinylidene fluoride binder and its coating, drying, and rolling procedures (WO’308, Pgs. 18, 20). Consequently, the conductive-material content in the dry positive-electrode active-material layer is 0.5/(100 + 0.5 + 0.6) × 100 = approximately 0.4946% by mass, which falls within the claimed range (WO’308, Pgs. 18, 20–21).
As to Claim 5:
See the rejection of claim 1, from which claim 5 depends. WO’308 further discloses that the carbon nanotubes have an average length of 0.3 μm to 1.0 μm and an average diameter of 8 nm to 30 nm. Specifically, Example 3 uses multiwall carbon nanotubes having an average fiber length of 0.9 μm and an average fiber diameter of 20 nm, both within the respective claimed ranges (WO’308, Pg. 20). Comparative Example 2, battery B2, incorporates Example 3’s positive-electrode preparation while changing the active-material particle composition, thereby retaining those carbon nanotubes and their disclosed dimensions (WO’308, Pg. 21).
As to Claim 6:
See the rejection of claim 1, from which claim 6 depends. WO’308 further discloses that its nonaqueous electrolyte secondary battery is useful as a main power source for electric vehicles and hybrid vehicles (WO’308, Pg. 22).
However, WO’308 does not expressly describe battery B2 installed as a vehicle drive power supply for a battery electric vehicle.
US’100 discloses using its lithium-ion secondary battery as a driving-purpose power supply for an electric vehicle and describes a motor vehicle incorporating the battery, including a battery pack comprising electrically interconnected secondary batteries (US’100, [0094]). US’100 separately identifies electric vehicles, hybrid vehicles, and plug-in hybrid vehicles, supporting the reading of its electric-vehicle alternative as the claimed battery electric vehicle (US’100, [0002], [0094]).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate US’100’s lithium difluorophosphate into WO’308’s B2 electrolyte for cathode protection and employ the resulting battery as a battery-electric-vehicle drive power supply, following WO’308’s express electric-vehicle application and US’100’s propulsion teaching, to obtain the disclosed benefits of suppressed transition-metal dissolution and a durable, reliable vehicle power source (WO’308, Pgs. 17, 22; US’100, [0015], [0094]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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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.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/Primary Examiner, Art Unit 1723
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