Prosecution Insights
Last updated: October 25, 2026
Application No. 18/773,889

BATTERY

Non-Final OA §103§112
Filed
Jul 16, 2024
Priority
Jul 21, 2023 — JP 2023-119024
Examiner
COLTON, JENNA XIANXIAN
Art Unit
Tech Center
Assignee
Semiconductor Energy Laboratory Co., Ltd.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

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With
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resolved cases with interview
Typical timeline
Avg Prosecution
41 currently pending
Career history
43
Total Applications
across all art units
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Office Action

§103 §112
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 . Status of Claims Claims 1-17 are pending and under consideration on the merits. Examiner Note It is noted that all references hereinafter to Applicant’s Specification are to the published application US 2025/0105291 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they appear to include the following reference character(s) not mentioned in the description: “C” as shown in FIGs. 12B and 12C. Applicant’s Specification ¶0275-0280 discloses what a spot denoted by O, A, and B each represent, however, does not disclose what a spot denoted by C represents. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 11 and 16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 11, “the graphite comprises…” renders the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. Neither claim 11, nor claim 9, of which claim 11 directly depends upon, introduces graphite, therefore, it is unclear what element/species in claim 11 and/or claim 9, is intended to be limited by the graphite species. For the purposes of examination, claim 11 is interpreted as instead reciting “The battery according to claim [[9]]10, wherein the graphite comprises….” Regarding claim 16, “the graphite comprises…” renders the claim indefinite. There is insufficient antecedent basis for this limitation in the claim. Neither claim 16, nor claim 14, of which claim 16 directly depends upon, introduces graphite, therefore, it is unclear what element/species in claim 16 and/or claim 14, is intended to be limited by the graphite species. For the purposes of examination, claim 16 is interpreted as instead reciting “The battery according to claim [[14]]15, wherein the graphite comprises….” Appropriate action is required. 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, 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 Shim (US 2023/0216088 A1; “Shim”), in view of Ogata et al. (US 2015/0132666 A1; “Ogata”). Regarding claim 1, Shim discloses a lithium secondary battery (a battery) [0010-0012, 0024-0025, 0032-0035, 0067-0069, FIGs. 1-2], comprising a cathode (a positive electrode) [element 100, 0024, 0069-0072, FIGs. 1-2], an anode (a negative electrode) [element 130, 0024, 0069, 0088-0090, FIGs. 1-2], an electrolyte, e.g. a non-aqueous electrolyte comprising a solvent (an electrolyte solution) [0032-0041, 0097, 0112], and a separation membrane (a separator) [element 140, 0100-0104, 0110]. The separation membrane is made of a porous polymer film [0102, 0119] and may be interposed between the cathode and the anode [0100, 0110], and the electrolyte is injected into the case/pouch to form the lithium secondary battery [0112, 0119-0121], thereby, in totality, reading on the electrolyte solution and the separator are included between the positive electrode and the negative electrode, as claimed. The anode includes an anode active material layer [0088], of which further includes an anode active material [0089], wherein the anode active material may be, inter alia a carbon-based active material (the negative electrode comprises a carbon material) [0092]. The electrolyte comprises a lithium salt (a lithium salt) [0032, 0063-0066], an additive [0032, 0035-0039], of which is a bis(fluorosulfonyl)imide alkali metal salt [0032, 0035-0039], preferably potassium bis(fluorosulfonyl)imide (KFSI) (a potassium salt) [0035-0039], an auxiliary additive, of which may be, inter alia a fluorine-substituted cyclic carbonate compound (a fluorinated cyclic carbonate) [0052-0062], and an anion (an anion) [0035-0039, 0064]. Shim remains silent regarding the electrolyte solution comprises a fluorinated linear carbonate. Ogata is directed towards a nonaqueous electrolyte secondary battery [0001, 0009, 0016] comprising an electrode member [element 10, 0016-0017, FIG. 1]. Ogata teaches that the electrode member includes a negative electrode, a positive electrode, and a separator provided between the negative electrode and the positive electrode [0036], wherein the electrode member is impregnated with a non-aqueous electrolyte [0017]. The non-aqueous electrolyte comprises a nonaqueous solvent [0021], wherein the nonaqueous solvent includes a fluorine-containing cyclic carbonate and a fluorine-containing chain ester [0021]. The fluorine-containing cyclic carbonate may be preferably 4-fluoroethylene carbonate [0022], and the fluorine-containing chain ester may be, inter alia a fluorine-containing chain carboxylate [0024], of which is preferably methyl 3,3,3-trifluoropropionate [0025]. Shim and Ogata each constitute prior art which is directly analogous to the claimed invention – ------a battery comprising a positive electrode, a negative electrode, an electrolyte solution, and a separator. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of Shim so that it includes a fluorine-containing chain carboxylate, preferably methyl 3,3,3-trifluoropropionate, like that of Ogata, as it has a relatively low viscosity, and so that when used in combination with a fluorine-containing cyclic carbonate, a satisfactory protective film is formed on a surface of the cathode [Ogata, 0021-0025]. In accordance with the aforesaid modifications, the electrolyte of Shim as modified by Ogata (hereinafter “modified Shim”) would have the lithium salt, the bis(fluorosulfonyl)imide alkali metal salt additive, of which is preferably potassium bis(fluorosulfonyl)imide (KFSI), the fluorine-substituted cyclic carbonate compound, the anion, and methyl 3,3,3-trifluoropropionate as the fluorine-containing chain carboxylate (a fluorinated linear carbonate). Regarding claim 2, in view of the rejection of claim 1 above, modified Shim further discloses that the carbon-based active material comprises, inter alia graphite (graphite) [Shim, 0092-0095]. Regarding claim 3, in view of the rejection of claim 2 above, modified Shim further discloses that the graphite is, inter alia natural graphite (natural graphite) [Shim, 0092-0095]. Regarding claim 4, in view of the rejection of claim 1 above, modified Shim further discloses that the lithium salt is, inter alia LiPF6 (the lithium salt comprises LiPF6) [Shim, 0063-0066], the bis(fluorosulfonyl)imide alkali metal salt additive is preferably potassium bis(fluorosulfonyl)imide (KFSI) (the potassium salt comprises KFSI) [Shim, 0032, 0035-0039], the fluorine-substituted cyclic carbonate compound is fluoroethylene carbonate (FEC) (the fluorinated cyclic carbonate comprises fluoroethylene carbonate) [Shim, 0057], and the fluorine-containing chain carboxylate is preferably methyl 3,3,3-trifluoropropionate (the fluorinated linear carbonate comprises methyl trifluoropropionate) [Ogata, 0021-0025]. Regarding claim 5, in view of the rejection of claim 2 above, the rejection of claim 4 above is incorporated herein by reference (not repeated for sake of brevity) and reads on the battery defined by each and every limitation of claim 5. Regarding claim 6, in view of the rejection of claim 3 above, the rejection of claim 4 above is incorporated herein by reference (not repeated for sake of brevity) and reads on the battery defined by each and every limitation of claim 6. Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shim in view of Ogata as applied to claim 4 under 35 U.S.C. 103 above, further in view of Nagayama et al. (US 2004/0142241 A1; “Nagayama”). Regarding claim 7, in view of the rejection of claim 4 above, modified Shim further discloses that the cathode comprises a lithium metal oxide [Shim, 0070-0085] including cobalt [Shim, 0078], thereby, in totality, reading on the lithium cobalt oxide, as claimed. The lithium metal oxide may include, inter alia Ni, Al, and Mg [0080-0083]. Shim lists Ni, Al, and Mg along with other elements. However, Shim does not explicitly teach the use of these elements among the other elements listed. Shim also does not teach these elements being added, as claimed. Nagayama is directed towards a method of producing a positive electrode active material for a non-aqueous electrolyte secondary battery [0007-0009]. Nagayama teaches that the positive electrode active material is made from the addition of a lithium source, a cobalt source, a magnesium source and an element M source [0007-0009, 0015-0024, 0029-0033]. The element M source may be an aluminum source [0019-0020, 0033], and a nickel source [0024, 0033]. Shim, Ogata, and Nagayama each constitute prior art which is directly analogous to the claimed invention – ------a battery comprising a positive electrode, a negative electrode, an electrolyte solution, and a separator. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized Ni, Al, and Mg out of the list of elements included in the lithium metal oxide of modified Shim, as Nagayama teaches that the addition of Mg inhibits sintering of particles in synthesis of the active material and inhibits the occurrence of oxygen deficiency in the active material [Nagayama, 0030], while Al and Ni improve battery cycle characteristics [Nagayama, 0033]. Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium metal oxide of modified Shim, so that Ni, Al, and Mg are explicitly added and so that it starts from a lithium source, a cobalt source, a magnesium source, an aluminum source, and a nickel source as the oxide must start from raw materials [Nagayama, 0007-0009, 0015-0024, 0029-0033]. In accordance with the aforesaid modifications, the cathode of Shim as modified by Ogata and Nagayama (hereinafter “modified Shim”) would have the lithium metal oxide that includes cobalt prepared by the addition of a lithium source, a cobalt source, a magnesium source, an aluminum source, and a nickel source (lithium cobalt oxide to which magnesium, aluminum, and nickel are added). Regarding claim 8, in view of the rejection of claim 4 above, modified Shim further discloses that the cathode comprises a lithium metal oxide [Shim, 0070-0085] including cobalt [Shim, 0078], thereby, in totality, reading on the lithium cobalt oxide, as claimed. The lithium metal oxide may include, inter alia Ni, Al, Mg, and Ti [0080-0083]. Shim lists Ni, Al, Mg, and Ti along with other elements. However, Shim does not explicitly teach the use of these elements among the other elements listed. Shim also does not teach these elements being added, as claimed. Nagayama is directed towards a method of producing a positive electrode active material for a non-aqueous electrolyte secondary battery [0007-0009]. Nagayama teaches that the positive electrode active material is made from the addition of a lithium source, a cobalt source, a magnesium source and an element M source [0007-0009, 0015-0024, 0029-0033]. The element M source may be an aluminum source [0019-0020, 0033], a nickel source [0024, 0033], and a titanium source [0021, 0033]. Shim, Ogata, and Nagayama each constitute prior art which is directly analogous to the claimed invention – ------a battery comprising a positive electrode, a negative electrode, an electrolyte solution, and a separator. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized Ni, Al, Mg, and Ti out of the list of elements included in the lithium metal oxide of modified Shim, as Nagayama teaches that the addition of Mg inhibits sintering of particles in synthesis of the active material and inhibits the occurrence of oxygen deficiency in the active material [Nagayama, 0030], while Al, Ni, and Ti improve battery cycle characteristics [Nagayama, 0033]. Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lithium metal oxide of modified Shim, so that Ni, Al, Mg, and Ti are explicitly added and so that it starts from a lithium source, a cobalt source, a magnesium source, an aluminum source, a nickel source, and a titanium source as the oxide must start from raw materials [Nagayama, 0007-0009, 0015-0024, 0029-0033]. In accordance with the aforesaid modifications, the cathode of Shim as modified by Ogata and Nagayama (hereinafter “modified Shim”) would have the lithium metal oxide that includes cobalt prepared by the addition of a lithium source, a cobalt source, a magnesium source, an aluminum source, a nickel source, and a titanium source (lithium cobalt oxide to which magnesium, aluminum, nickel, and titanium are added). Claims 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shim in view of Ogata and Nagayama et al. (US 2004/0142241 A1; “Nagayama”). Regarding claim 9, Shim discloses a lithium secondary battery (a battery) [0010-0012, 0024-0025, 0032-0035, 0067-0069, FIGs. 1-2], comprising a cathode (a positive electrode) [element 100, 0024, 0069-0072, FIGs. 1-2], an anode (a negative electrode) [element 130, 0024, 0069, 0088-0090, FIGs. 1-2], an electrolyte, e.g. a non-aqueous electrolyte comprising a solvent (an electrolyte solution) [0032-0041, 0097, 0112], and a separation membrane (a separator) [element 140, 0100-0104, 0110]. The separation membrane is made of a porous polymer film [0102, 0119] and may be interposed between the cathode and the anode [0100, 0110], and the electrolyte is injected into the case/pouch to form the lithium secondary battery [0112, 0119-0121], thereby, in totality, reading on the electrolyte solution and the separator are included between the positive electrode and the negative electrode, as claimed. The anode includes an anode active material layer [0088], of which further includes an anode active material [0089], wherein the anode active material may be, inter alia a carbon-based active material (the negative electrode comprises a carbon material) [0092]. The cathode includes a cathode active material layer [0070], of which further includes a cathode active material (a positive electrode active material) [0071], wherein the cathode active material comprises a lithium metal oxide [0070-0085] including cobalt [0078], thereby, in totality, reading on the lithium cobalt oxide, as claimed. The electrolyte comprises a lithium salt (a lithium salt) [0032, 0063-0066], an additive [0032, 0035-0039], of which is a bis(fluorosulfonyl)imide alkali metal salt [0032, 0035-0039], preferably potassium bis(fluorosulfonyl)imide (KFSI) (a potassium salt) [0035-0039], an auxiliary additive, of which may be, inter alia a fluorine-substituted cyclic carbonate compound (a fluorinated cyclic carbonate) [0052-0062], and an anion (an anion) [0035-0039, 0064]. Shim remains silent regarding the electrolyte solution comprises a fluorinated linear carbonate and the specific positive electrode active material composition comprising lithium cobalt oxide, magnesium, and aluminum. Ogata is directed towards a nonaqueous electrolyte secondary battery [0001, 0009, 0016] comprising an electrode member [element 10, 0016-0017, FIG. 1]. Ogata teaches that the electrode member includes a negative electrode, a positive electrode, and a separator provided between the negative electrode and the positive electrode [0036], wherein the electrode member is impregnated with a non-aqueous electrolyte [0017]. The non-aqueous electrolyte comprises a nonaqueous solvent [0021], wherein the nonaqueous solvent includes a fluorine-containing cyclic carbonate and a fluorine-containing chain ester [0021]. The fluorine-containing cyclic carbonate may be preferably 4-fluoroethylene carbonate [0022], and the fluorine-containing chain ester may be, inter alia a fluorine-containing chain carboxylate [0024], of which is preferably methyl 3,3,3-trifluoropropionate [0025]. Shim discloses that the lithium metal oxide may include, inter alia Al and Mg [0080-0083]. Nagayama is directed towards a method of producing a positive electrode active material for a non-aqueous electrolyte secondary battery [0007-0009]. Nagayama teaches that the positive electrode active material is made from the addition of a lithium source, a cobalt source, a magnesium source and an element M source [0007-0009, 0015-0024, 0029-0033]. The element M source may be an aluminum source [0019-0020, 0033]. Shim, Ogata, and Nagayama each constitute prior art which is directly analogous to the claimed invention – ------a battery comprising a positive electrode, a negative electrode, an electrolyte solution, and a separator. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of Shim so that it includes a fluorine-containing chain carboxylate, preferably methyl 3,3,3-trifluoropropionate, like that of Ogata, as it has a relatively low viscosity, and so that when used in combination with a fluorine-containing cyclic carbonate, a satisfactory protective film is formed on a surface of the cathode [Ogata, 0021-0025]. Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized Al and Mg out of the list of elements included in the lithium metal oxide of Shim, as Nagayama teaches that the addition of Mg inhibits sintering of particles in synthesis of the active material and inhibits the occurrence of oxygen deficiency in the active material [Nagayama, 0030], while Al improves battery cycle characteristics [Nagayama, 0033]. In accordance with the aforesaid modifications, the lithium secondary battery of Shim as modified by Ogata and Nagayama (hereinafter “modified Shim”) would have the electrolyte comprise the lithium salt, the bis(fluorosulfonyl)imide alkali metal salt additive, of which is preferably potassium bis(fluorosulfonyl)imide (KFSI), the fluorine-substituted cyclic carbonate compound, the anion, and methyl 3,3,3-trifluoropropionate as the fluorine-containing chain carboxylate (a fluorinated linear carbonate). Furthermore, modified Shim would have the cathode active material include the lithium metal oxide with Al and Mg (the positive electrode active material comprises lithium cobalt oxide, magnesium, and aluminum). Regarding claim 10, in view of the rejection of claim 9 above, modified Shim further discloses that the carbon-based active material comprises, inter alia graphite (graphite) [Shim, 0092-0095]. Regarding claim 11, in view of the rejection of claim 10 above (see 112(b) claim rejection above for claim interpretation), modified Shim further discloses that the graphite is, inter alia natural graphite (natural graphite) [Shim, 0092-0095]. Regarding claim 12, in view of the rejection of claim 9 above, modified Shim further discloses that the lithium salt is, inter alia LiPF6 (the lithium salt comprises LiPF6) [Shim, 0063-0066], the bis(fluorosulfonyl)imide alkali metal salt additive is preferably potassium bis(fluorosulfonyl)imide (KFSI) (the potassium salt comprises KFSI) [Shim, 0032, 0035-0039], the fluorine-substituted cyclic carbonate compound is fluoroethylene carbonate (FEC) (the fluorinated cyclic carbonate comprises fluoroethylene carbonate) [Shim, 0057], and the fluorine-containing chain carboxylate is preferably methyl 3,3,3-trifluoropropionate (the fluorinated linear carbonate comprises methyl trifluoropropionate) [Ogata, 0021-0025]. Regarding claim 13, in view of the rejection of claim 9 above, modified Shim further discloses that the cathode active material lithium metal oxide may further comprise Ti among a list of other elements [Shim, 0080-0083]. Nagayama further teaches that the addition of Ti to positive electrode active material improves battery cycle characteristics [Nagayama, 0033]. In view thereof, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized Ti out of the list of elements included in the lithium metal oxide of modified Shim, in order to improve battery cycle characteristics [Nagayama, 0033]. Regarding claim 14, Shim discloses a lithium secondary battery (a battery) [0010-0012, 0024-0025, 0032-0035, 0067-0069, FIGs. 1-2], comprising a cathode (a positive electrode) [element 100, 0024, 0069-0072, FIGs. 1-2], an anode (a negative electrode) [element 130, 0024, 0069, 0088-0090, FIGs. 1-2], an electrolyte, e.g. a non-aqueous electrolyte comprising a solvent (an electrolyte solution) [0032-0041, 0097, 0112], and a separation membrane (a separator) [element 140, 0100-0104, 0110]. The separation membrane is made of a porous polymer film [0102, 0119] and may be interposed between the cathode and the anode [0100, 0110], and the electrolyte is injected into the case/pouch to form the lithium secondary battery [0112, 0119-0121], thereby, in totality, reading on the electrolyte solution and the separator are included between the positive electrode and the negative electrode, as claimed. The anode includes an anode active material layer [0088], of which further includes an anode active material [0089], wherein the anode active material may be, inter alia a carbon-based active material (the negative electrode comprises a carbon material) [0092]. The cathode includes a cathode active material layer [0070], of which further includes a cathode active material (a positive electrode active material) [0071], wherein the cathode active material comprises a lithium metal oxide [0070-0085] including cobalt [0078], thereby, in totality, reading on the lithium cobalt oxide, as claimed. The electrolyte comprises a lithium salt (a lithium salt) [0032, 0063-0066], an additive [0032, 0035-0039], of which is a bis(fluorosulfonyl)imide alkali metal salt [0032, 0035-0039], preferably potassium bis(fluorosulfonyl)imide (KFSI) (a potassium salt) [0035-0039], an auxiliary additive, of which may be, inter alia a fluorine-substituted cyclic carbonate compound (a fluorinated cyclic carbonate) [0052-0062], and an anion (an anion) [0035-0039, 0064]. Shim remains silent regarding the electrolyte solution comprises a fluorinated linear carbonate and the specific positive electrode active material composition comprising lithium cobalt oxide, magnesium, aluminum, and nickel. Ogata is directed towards a nonaqueous electrolyte secondary battery [0001, 0009, 0016] comprising an electrode member [element 10, 0016-0017, FIG. 1]. Ogata teaches that the electrode member includes a negative electrode, a positive electrode, and a separator provided between the negative electrode and the positive electrode [0036], wherein the electrode member is impregnated with a non-aqueous electrolyte [0017]. The non-aqueous electrolyte comprises a nonaqueous solvent [0021], wherein the nonaqueous solvent includes a fluorine-containing cyclic carbonate and a fluorine-containing chain ester [0021]. The fluorine-containing cyclic carbonate may be preferably 4-fluoroethylene carbonate [0022], and the fluorine-containing chain ester may be, inter alia a fluorine-containing chain carboxylate [0024], of which is preferably methyl 3,3,3-trifluoropropionate [0025]. Shim discloses that the lithium metal oxide may include, inter alia Ni, Al, and Mg [0080-0083]. Nagayama is directed towards a method of producing a positive electrode active material for a non-aqueous electrolyte secondary battery [0007-0009]. Nagayama teaches that the positive electrode active material is made from the addition of a lithium source, a cobalt source, a magnesium source and an element M source [0007-0009, 0015-0024, 0029-0033]. The element M source may be an aluminum source [0019-0020, 0033], and a nickel source [0024, 0033]. Shim, Ogata, and Nagayama each constitute prior art which is directly analogous to the claimed invention – ------a battery comprising a positive electrode, a negative electrode, an electrolyte solution, and a separator. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of Shim so that it includes a fluorine-containing chain carboxylate, preferably methyl 3,3,3-trifluoropropionate, like that of Ogata, as it has a relatively low viscosity, and so that when used in combination with a fluorine-containing cyclic carbonate, a satisfactory protective film is formed on a surface of the cathode [Ogata, 0021-0025]. Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized Ni, Al, and Mg out of the list of elements included in the lithium metal oxide of Shim, as Nagayama teaches that the addition of Mg inhibits sintering of particles in synthesis of the active material and inhibits the occurrence of oxygen deficiency in the active material [Nagayama, 0030], while Al and Ni improve battery cycle characteristics [Nagayama, 0033]. In accordance with the aforesaid modifications, the lithium secondary battery of Shim as modified by Ogata and Nagayama (hereinafter “modified Shim”) would have the electrolyte comprise the lithium salt, the bis(fluorosulfonyl)imide alkali metal salt additive, of which is preferably potassium bis(fluorosulfonyl)imide (KFSI), the fluorine-substituted cyclic carbonate compound, the anion, and methyl 3,3,3-trifluoropropionate as the fluorine-containing chain carboxylate (a fluorinated linear carbonate). Furthermore, modified Shim would have the cathode active material include the lithium metal oxide with Ni, Al, and Mg (the positive electrode active material comprises lithium cobalt oxide, magnesium, aluminum, and nickel). Regarding claim 15, in view of the rejection of claim 14 above, modified Shim further discloses that the carbon-based active material comprises, inter alia graphite (graphite) [Shim, 0092-0095]. Regarding claim 16, in view of the rejection of claim 15 above (see 112(b) claim rejection above for claim interpretation), modified Shim further discloses that the graphite is, inter alia natural graphite (natural graphite) [Shim, 0092-0095]. Regarding claim 17, in view of the rejection of claim 9 above, modified Shim further discloses that the lithium salt is, inter alia LiPF6 (the lithium salt comprises LiPF6) [Shim, 0063-0066], the bis(fluorosulfonyl)imide alkali metal salt additive is preferably potassium bis(fluorosulfonyl)imide (KFSI) (the potassium salt comprises KFSI) [Shim, 0032, 0035-0039], the fluorine-substituted cyclic carbonate compound is fluoroethylene carbonate (FEC) (the fluorinated cyclic carbonate comprises fluoroethylene carbonate) [Shim, 0057], and the fluorine-containing chain carboxylate is preferably methyl 3,3,3-trifluoropropionate (the fluorinated linear carbonate comprises methyl trifluoropropionate) [Ogata, 0021-0025]. Pertinent Prior Art The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested. Kawahara et al., US 2024/0297343 A1; is directed towards a nonaqueous electrolyte solution for a battery [0047-0051], and teaches that the nonaqueous electrolyte solution includes a cyclic carbonate, e.g. fluoroethylene carbonate and a chain carbonate, e.g. methyl 3,3,3-trifluoropropionate [0056-0059]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM. 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, Aaron Austin can be reached at (571)272-8935. 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. /JENNA X. COLTON/Examiner, Art Unit 1782 /MICHAEL C. ROMANOWSKI/Primary Examiner, Art Unit 1782
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Prosecution Timeline

Jul 16, 2024
Application Filed
Mar 07, 2025
Response after Non-Final Action
Oct 08, 2026
Non-Final Rejection mailed — §103, §112 (current)

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1-2
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Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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