DETAILED ACTION
Application 18/768817, “ELECTROLYTE OF RECHARGEABLE LITHIUM BATTERY AND RECHARGEABLE LITHIUM BATTERY INCLUDING THE SAME”, was filed with the USPTO on 7/10/24 and claims priority from a foreign application filed on 8/31/23.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action on the merits is in response to communication filed on 2/25/25.
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 4, 7, 9 and 13 is/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 pre-AIA the applicant regards as the invention.
These claims utilize the relative term “about”. Applicant’s specification (i.e. published paragraph [0143]) gives several different possible meanings for “about” and leaves the meaning subject to the opinion of an artisan. As different artisans may have different opinions, the meaning of “about” in the claims is ambiguous.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sawa (US 2013/0316229).
Regarding claim 1-3, Sawa teaches an electrolyte comprising: a lithium salt; a non-aqueous organic solvent; and a dual isocyanate additive (paragraphs [0019-0023, 0090-0091]), wherein the dual isocyanate additive may be an additive represented by Formula 1 [or more narrowly Formula 1-1 or 1-2] (“dicyclohexylmethane-4,4'-diisocyanate”, paragraph [0023]; Example 3-6), and wherein the electrolyte is a rechargeable lithium battery electrolyte (paragraphs [0015-0017]).
Regarding claim 4, Sawa remains as applied to claim 1. Sawa further teaches wherein the additive is in an amount of about 0.05 weight percent to about 10 weight percent of a total weight of the electrolyte (paragraph [0052]; Example 3-6).
Regarding claim 5-6, Sawa remains as applied to claim 1. Sawa further teaches wherein the non-aqueous organic solvent comprises a carbonate-based solvent including ethylene carbonate (EC), ethylmethyl carbonate (EMC), and dimethyl carbonate (DMC) (e.g. “ethylene carbonate+dimethyl carbonate+ethyl methyl carbonate”, paragraph [0150]).
Regarding claim 8, Sawa remains as applied to claim 1. Sawa further teaches wherein the lithium salt comprises LiPF6 (paragraph [0091]).
Regarding claim 9, Sawa remains as applied to claim 1. Sawa further teaches wherein a concentration of the lithium salt is in a range of about 0.1 M to about 2.0 M (paragraph [0097]).
Regarding claim 10, Sawa remains as applied to claim 1. Sawa further teaches the electrolyte of claim 1 as a component of a rechargeable lithium battery, comprising: a positive electrode comprising a positive electrode active material; a negative electrode comprising a negative electrode active material; and the electrolyte (paragraph [0025, 0231, 0308]).
Regarding claim 11, Sawa remains as applied to claim 10. Sawa further teaches wherein the positive electrode active material comprises a lithium-iron-phosphate-based compound (paragraph [0244]).
Regarding claim 12, Sawa remains as applied to claim 10. Sawa further teaches wherein the negative electrode active material comprises a carbon-based negative electrode active material, a silicon-based negative electrode active material, a tin-based negative electrode active material, or a combination thereof (paragraph [0308]).
Regarding claim 13, Sawa remains as applied to claim 10. Sawa further teaches wherein the additive is in an amount of about 0.05 weight percent to about 10 weight percent of a total weight of the electrolyte (paragraph [0052]; Example 3-6).
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 of this title, 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 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sawa (US 2013/0316229) and Takata (US 2002/0148723).
Regarding claim 7, Sawa remains as applied to claim 6. Sawa generally teaches that any publicly-known organic solvent can be used as the nonaqueous solvent paragraph [0099], and more narrowly teaches a combination of ethylene carbonate (EC), ethylmethyl carbonate (EMC), and dimethyl carbonate (DMC) as an exemplary solvent (paragraph [0150]), but does not further teaches wherein the ethylene carbonate (EC), the ethylmethyl carbonate (EMC), and the dimethyl carbonate (DMC) are in a volume ratio of about 1:(1 to 3):(1 to 3).
In the battery art, Takata teaches an organic solvent comprising ethylene carbonate, ethyl methyl carbonate, and dimethyl carbonate in a volume ratio of 30:35:35, and further teaches that this composition is suitable for forming a solution with LiPF6 salt, particularly (paragraph [0059]).
It would have been obvious to a person having ordinary skill in the art at the time of invention to provide the ethylene carbonate, ethyl methyl carbonate, and dimethyl carbonate at a volume ratio of 30:35:35 as this ratio is effective at least for forming an electrolyte with a LiPF6 salt as taught by Takata. The claimed volume ratio range is obvious at least because the value suggested by the prior art lies within the claimed range.
Relevant or Related Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, though not necessarily pertinent to applicant’s invention as claimed.
Nakazawa (USP 9947965) battery with electrolyte comprising dicyclohexylmethane-4,4′-diisocyanate;
Sawa (US 2013/0330609) battery with electrolyte comprising dicyclohexylmethane-4,4'-diisocyanate;
Sato (US 2023/0402652) battery with electrolyte comprising dicyclohexylmethane-4,4′-diisocyanate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMIAH R SMITH whose telephone number is (571)270-7005. The examiner can normally be reached Mon-Fri: 9 AM-5 PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached on (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEREMIAH R SMITH/Primary Examiner, Art Unit 1723
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