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
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawakami et al. (hereinafter “Kawakami”) (U.S. Pub. No. 2014/0038062 A1, cited by Applicant).
Regarding claims 1-9, 15 and 18-20, Kawakami teaches a nonaqueous electrolytic solution secondary battery comprising a negative electrode, a positive electrode, and a nonaqueous electrolytic solution (see paragraph 522).
The positive electrode active material may comprise a lithium transition metal composite oxide having a median particle size d50 of, for example, 1 µm (see paragraphs 706, 707, 722 and 723).
The nonaqueous electrolytic solution which contains at least two lithium salts and a nonaqueous solvent capable of dissolving these salts (paragraph 220). The first lithium salt is lithium fluorosulfonate salt (see paragraph 221). The second lithium salt may be an inorganic lithium salt such as LiPF6 (see paragraph 228).
As a nonaqueous solvent capable of dissolving the lithium salts, one alone or two or more different types of nonaqueous solvents may be used either singly or as combined to be a mixture thereof (see paragraph 245). Solvents which may be combined to be a mixture include saturated cyclic carbonates such as ethylene carbonate, and linear carbonates such as ethylmethyl carbonates (see paragraphs 246 and 252).
The nonaqueous electrolytic solution may further comprise a cyclic sulfonate ester compound (see paragraph 303). Exemplary cyclic sulfonate ester compounds include disulfonate compounds such as methylenemethane disulfonate (first operative additive) or 1-propene-1,3-sultone (second operative additive; PES) (see paragraphs 315 and 423).
Additionally, a cyclic sulfonate ester compound may be added to the nonaqueous electrolyte as an auxiliary agent (see paragraphs 287 and 303). As a cyclic sulfonate ester compound, ethylene sulfate (first operative additive; 1,3,2-dioxathiolane-2,2-dioxide) may be used (see paragraph 421).
Kawakami teaches that the cyclic sulfonate ester compound may be contained in the nonaqueous electrolytic solution in an amount of at least 0.3% by mass, and at most 3% by mass (see paragraph 486). The overlap between this range and the claimed ranges of 0.25-6% (claims 1, 4 and 6) and at most about 2% by weight (claims 5 and 7) is such that the range of Kawakami is considered to anticipate the claimed ranges. Note that because Kawakami teaches that the disulfonate compound may comprise methylenemethane disulfonate or 1-propene-1,3-sultone, the cyclic sulfonate ester compound amount of 0.3% to 3% by mass is applicable to both the first and second operative additives as claimed.
Kawakami teaches that the amount of the unsaturated cyclic carbonate may be at least 0.2% by mass, and at most 5% by mass (see paragraph 295). The overlap between this range and the claimed range of 0.25-6% is such that the range of Kawakami is considered to anticipate the claimed range.
Regarding claim 3, Kawakami teaches that as a disulfonate compound, ethylenemethane disulfonate may be used (see paragraph 424).
Regarding claim 10, Kawakami teaches that the nonaqueous solvent may further include a linear carboxylate ester such as methyl acetate (see paragraphs 268 and 269).
Regarding claim 11, although Kawakami teaches tris(trimethylsilyl)phosphate as an exemplary other auxiliary agent (see paragraph 519), an other auxiliary agent is not required to be included in the nonaqueous electrolytic solution of Kawakami (see paragraph 287).
Regarding claim 12, Kawakami does not teach tris(-trimethyl-silyl)-phosphite, and thus, one of ordinary skill in the art would presume it to be absent from the nonaqueous electrolytic solution of Kawakami.
Regarding claim 13, although Kawakami teaches tris(trimethylsilyl)phosphate as an exemplary other auxiliary agent (see paragraph 519), an other auxiliary agent is not required to be included in the nonaqueous electrolytic solution of Kawakami (see paragraph 287). Kawakami does not teach tris(-trimethyl-silyl)-phosphite, and thus, one of ordinary skill in the art would presume it to be absent from the nonaqueous electrolytic solution of Kawakami.
Regarding claim 14, Kawakami teaches that the lithium transition metal composite oxide of the positive electrode active material may include lithium cobalt composite oxides, lithium manganese composite oxides, and lithium nickel composite oxides, wherein a part of the transition metal composite oxide is substituted with another metal including Mn, Co and Ni (see paragraphs 706 and 707).
Although Kawakami provides exemplary NMC oxides (see paragraph 708), Kawakami does not explicitly teach either NMC532 or NMC622. Nevertheless, NMC532 and NMC622 are well known and commonly used in the art, and one of ordinary skill would recognize that these composite oxides may be readily used as the positive electrode active material in the nonaqueous electrolytic solution secondary battery of Kawakami.
Regarding claim 16, Kawakami teaches that the positive electrode active material may include a surface-adhering substance such as aluminum oxide (see paragraph 712).
Regarding claim 17, although Kawakami does not explicitly teach a 95% retention of initial capacity after 200 cycles between 3.0 V and 4.3 V at a charging rate of C/3 CCCV at 40 °C, one of ordinary skill in the art would expect the battery of Kawakami to exhibit the claimed capacity retention because the battery of Kawakami is substantially identical to the claimed battery in terms of structure and composition. It has been held by the courts that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) (see MPEP § 2112.01).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727
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