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.
(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 and 7-19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US 2024/0079650 A1 (“Park”).
The applied reference has a common joint inventor and applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding claims 1 and 8-11, Park discloses an electrolyte for a rechargeable lithium battery (Abstract). The electrolyte comprises a non-aqueous organic solvent, a lithium salt, and an additive ([0027]-[0028]).
The non-aqueous organic solvent comprises an ester-based solvent, such as methyl acetate, ethyl acetate, n-propyl acetate, t-butyl acetate, methylpropionate, ethylpropionate, and propylpropionate ([0076]). These anticipate the claimed Chemical Formula 1.
The additive is represented by Chemical Formula 1 ([0012]-[0018], [0047]-[0053]):
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This corresponds to the claimed Chemical Formula 2. Examples of the additive include the following compounds ([0027], [0065]):
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Regarding claim 7, Park discloses the electrolyte of claim 1. Park discloses the non-aqueous organic solvent further comprises a carbonate-based solvent ([0076]-[0080]).
Regarding claims 12 and 14, Park discloses the electrolyte of claim 1. Park discloses examples in which the additive is included in amounts of 0.1, 0.5, 2.0, and 5.0 parts by weight based on 100 parts by weight of the electrolyte (Table 1). See also the broader discussion in [0067]-[0069]).
Regarding claim 13, Park discloses the electrolyte of claim 1. Park discloses the electrolyte for a rechargeable lithium battery may further include at least one other additive selected from among vinylene carbonate (VC), fluoroethylene carbonate (FEC), difluoroethylene carbonate, chloroethylene carbonate, dichloroethylene carbonate, bromoethylene carbonate, dibromoethylene carbonate, nitroethylene carbonate, cyanoethylene carbonate, vinylethylene carbonate (VEC), adiponitrile (AN), succinonitrile (SN), 1,3,6-hexane tricyanide (HTCN), propenesultone (PST), propanesultone (PS), lithium tetrafluoroborate (LiBF4), lithium difluorophosphate (LiPO2F2), and 2-fluoro biphenyl (2-FBP) ([0070]).
Regarding claim 15, Park discloses the electrolyte of claim 1. Park discloses the lithium salt is LiPF6 ([0085]).
Regarding claim 16, Park discloses the electrolyte of claim 1. Park further discloses a rechargeable lithium battery comprising a positive electrode including a positive active material; a negative electrode including a negative active material; and the electrolyte.
Regarding claim 17, Park discloses the rechargeable lithium battery of claim 16. Park further discloses examples of the positive active material LiCoO2, LiNiO2, LiMnO2, LiMn2O4, LiFePO4, among others ([0089]-[0098]).
Regarding claim 18, Park discloses the rechargeable lithium battery of claim 16. Park further discloses examples of the negative active material include a carbon material, Si, or Si-C composite ([0105]-[0106], [0108], [0111]-[0113]).
Regarding claim 19, Park discloses the rechargeable lithium battery of claim 16. Park further discloses the battery is a pouch-type battery ([0044], [0175]).
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.
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 2-6 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0079650 A1 (“Park”) in view of US 2010/0273065 A1 (“Lee”).
Regarding claims 2-6, Park discloses the electrolyte of claim 1. As discussed above, Park discloses the non-aqueous organic solvent comprises an ester-based solvent but does not expressly disclose R1A is a substituted or unsubstituted C3 to C10 alkyl group [claim 2]; R1A is a substituted or unsubstituted C3 alkyl group [claim 3]; R1A is an unsubstituted C3 alkyl group [claim 4]; the compound represented by Chemical Formula 1 comprises at least one selected from among methyl butyrate, ethyl butyrate, and propyl butyrate [claim 5]; or the compound represented by Chemical Formula 1 is in an amount of about 50 vol% to about 95 vol% relative to a total volume of 100 vol% of the electrolyte [claim 6].
Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery.
Further regarding claim 6, Lee discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 and 19-20 of copending Application No. 18/710,689 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of copending Application No. 18/807,765 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of copending Application No. 18/812,620 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of copending Application No. 18/819,035 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/212,124 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 19/350,961 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 19/351,046 (reference application) in view of US 2010/0273065 A1 (“Lee”).
The instant claims differ from the claims in the reference application in the recitation of Chemical Formula 1. Lee discloses a non-aqueous electrolyte solution for a lithium ion secondary battery includes a lithium salt and an organic solvent. The organic solvent includes a carbonate compound, a linear ester compound and a linear ester decomposition inhibitor (Abstract). This non-aqueous electrolyte solution restrains swelling while improving low temperature charging/discharging characteristics of the secondary battery in comparison to a conventional electrolyte since it contains the linear ester compound and the linear ester decomposition inhibitor (Abstract; [0019]-[0020]). Examples of the linear ester compound include methyl butyrate and ethyl butyrate ([0011], [0022]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to the organic solvent, including methyl butyrate and/or ethyl butyrate, as taught by Lee to restrain swelling while improving low temperature charging/discharging characteristics of the secondary battery. Lee further discloses the organic solvent includes about 100 to about 250 parts by weight of a linear ester compound based on 100 parts by weight of the carbonate compound. Within the above range, the linear ester compound gives the desired effects of the present batteries, improves ionic conductivity and also decreases side reactions caused by the linear ester compound ([0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the amount of the linear ester compound to give the desired effects of the present batteries, improve ionic conductivity and also decrease side reactions caused by the linear ester compound.
This is a provisional nonstatutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2014-127354 A (“Kodama”) discloses an electrolyte for a nonaqueous secondary battery contains at least one of nitrogen-containing compounds having a specific structure (Abstract). Examples of the nitrogen containing compound include a structure represented by general formula A1 ([0015]):
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X1 represents an electron-withdrawing group, such as a sulfonyl group or an alkylsulfonyl group ([0016]). L11 is a linking group, such as an alkylene group including those having 1 to 3 carbon atoms ([0017]). Examples of the ring structure Cy formed by L12 together with the nitrogen atom include triazole (Cy2) ([0024]-[0029]). One particular example is given by formula A1-15 ([0031]):
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CN 114156534 A (“Liu”) discloses an electrolyte containing nitrogen heterocyclic compound, comprising solvent, solute and additive, further comprising the following structural formula (1)
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where R represents S=O ([0010]-[0011]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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, 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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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
