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 § 102
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 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.
Claims 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang (WO 2021/108995 A1). Corresponding US Application 2022/0123366 A1 is used in lieu for translation and citation purposes.
Regarding claims 1-5, Jiang discloses an apparatus comprising: a battery comprising positive electrode plate, negative electrode plate, and electrolyte (paragraph 80), wherein the electrolyte is an electrolytic solution comprising LiBF4, LiDFOB, and/or LiBOB (paragraph 39) and FEC and/or VC (paragraph 37) which are esters. Jiang discloses that the negative electrode can form an SEI (paragraph 35). Jiang discloses that the electrolyte salt is up to 20% mass percentage (paragraph 39) and that the additives are up to 10% (paragraph 38). It is the Office’s position that these values satisfy the claimed formulas pertaining to mass and that the values associated with properties of the device are met because the claimed materials are taught. Something which is old does not become patentable upon the discovery of a new property. See MPEP 2112 I.
Regarding claims 6 and 7, Jiang discloses lithium hexafluorophosphate, lithium perchlorate, lithium hexafluoroarsenate, lithium bis(fluorosulfonyl)imide, lithium difluorophosphate, lithium difluorophosphate, and lithium tetrafluorooxalate phosphate (paragraph 39) up to 14% (paragraph 148). It is the Office’s position that these values satisfy the claimed formulas pertaining to mass.
Regarding claims 8 and 9, Jiang discloses cyclic carbonates EC and PC (paragraph 30) and linear carbonates DEC and EMC (paragraph 31) and mass ratios between them from 25:75 to 32:68 (paragraph 5).
Regarding claim 10, Jiang discloses a positive active material of LiNi0.5Co0.2Mn0.3O2 (paragraph 142).
Regarding claims 11-15, Jiang discloses battery packs and modules (paragraph 91).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725
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