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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/343,922
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`04/22/2019
`
`Yuanlong Zhong
`
`P190412US00
`
`5776
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`YANCHUK,STEPHENJ
`
`ART UNIT
`1723
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/02/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-6 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-6 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
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`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a) All
`1... Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.4 Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 05/07/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200929
`
`Application No.
`Applicant(s)
`16/343 922
`Zhong, Yuanlong
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`STEPHEN J YANCHUK
`1723
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 8/23/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`

`

`Application/Control Number: 16/343,922
`Art Unit: 1723
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`A patent fora claimed invention may not be obtained, notwithstanding that the claimed inventionis
`notidentically disclosed as set forth ins ection 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 ofthe claimed invention to a person having ordinary skillinthe art to which the
`claimed invention pertains. Pa tentability s hall not be negated by the mannerin which the invention
`was made.
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`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
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`103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`Claims 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burkhardtet al
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`(PGPUB 2019/0058221) and further in view of Wang et al (PGPUB 2017/0210855).
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`Claim 1: Burkardt teaches a non-aqueous electrolyte composition for use in electrochemical
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`cells such as lithium ion batteries [Abstract]. The electrochemical cell comprises an anode, cathode, and
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`separator having a non-aqueouselectrolyte [0028-0032, 0238]. The electrolyte solvent is taught to
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`comprise at least acyclic carbonate exemplified to be a fluorinated carbonate [0094]. The electrolyte is
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`

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`Application/Control Number: 16/343,922
`Art Unit: 1723
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`Page 3
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`taught to comprise an additive as a gas-reduction additive exemplified to be diglycolic acid anhydride
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`[0138].
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`Burkardtis silent to teacha maleimide compound used in the electrolyte layer of a battery.
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`Wang teachesan oligomer additive for non-aqueous electrolyte batteries [Abstract]. According
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`to one embadiment of Wang, the electrolyte solution comprises an organic solvent, lithium salt, and
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`additive [0014] wherein the additive includes a mono-maleimide, polymaleimide or other such
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`compounds [0015]. It would have been obvious to one having ordinary skill in the art at the time of
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`invention/filing to modify the electrolyte of Burkardt to include a maleimide compound as taught by
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`Wangin order to improve thermal stability and thermal reactivity as well as improve the reaction rate,
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`conversion, and structure [0016].
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`Claim 2: Burkardt teaches the electrolyte to comprise a fluorinated solvent or mixture thereof to
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`be 5-95% the weightof the electrolyte composition [0092]. Discovery of optimized concentrationsis
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`non-obvious and routine and experimental based upon the disclosure of the prior art for the
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`motivations presented by the prior art. MPEP 2144.04.It is obvious to adjust the composition of the
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`electrolyte solvent depending on desired properties of the electrolyte composition [0100-0101].
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`Claim 3: Burkardtis silent to teacha maleimide compound.
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`Wang teachesthe additive to be added in an amountof 0.5-10wt% [0045]. The amountof the
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`additive added to the system is obvious to optimize in order to adjust the reaction rate of the system
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`[Fig 2-4]. Discovery of optimized concentrations is non-obvious and routine and experimental based
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`upon the disclosure of the prior art for the motivations presented by the prior art. MPEP 2144.04.It
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`would have been obvious to one having ordinaryskill in the art at the time of invention/filing to modify
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`the electrolyte of Burkardt to include a maleimide compound as taught by Wang in order to improve
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`thermal stability and thermal reactivity as well as improve the reaction rate, conversion, and structure
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`[0016].
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`

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`Application/Control Number: 16/343,922
`Art Unit: 1723
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`Page 4
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`Claim 4: Burkardt teaches the gas reduction additive to be 0.05-10wt% or more preferentially
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`0.5-2wt% [0137]. Discovery of optimized concentrations is non-obvious and routine and experimental
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`based upon the disclosure of the prior art for the motivations presented by the prior art. MPEP 2144.04.
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`Itis obvious to optimize the amountof this material relative the electrolyte in order to have enough
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`material to impart a gas-reductive effect produced during charging and discharging [0137] but not too
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`much material whereby the electrolyte overall main function as an ionic separator is impaired.
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`Claim 5: Burkardtis silent to teach the maleimide compound.
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`Wang teaches the maleimide compound exemplified to be N-phenylmaleimide [0011, 0030,
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`0048]. It would have been obvious to one having ordinary skill
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`in the art at the time of invention/filing to
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`modify the electrolyte of Burkardt to include a maleimide compound as taught by Wangin order to
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`improve thermal stability and thermal reactivity as well as improve the reaction rate, conversion, and
`
`structure [0016].
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`Claim 6: Burkardt teaches the electrolyte to comprise an additive as a gas-reduction additive
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`exemplified to be diglycolic acid anhydride [0138].
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner
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`can normally be reached on M-Th 10a-8p.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`the USPTO Automated Interview Request (AIR) at http://www. uspto. gov/interviewpractice.
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`

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`Application/Control Number: 16/343,922
`Art Unit: 1723
`
`Page5S
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`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Milton Cano canbe reached on 313-446-4937. The fax phone number for the organization wherethis
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`
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`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/STEPHEN J YANCHUK/
`Primary Examiner, Art Unit 1723
`
`