`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`16/935,205
`
`07/22/2020
`
`MASAHISA FUJIMOTO
`
`083710-3094
`
`2856
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`MARTIN, ANGELA J
`
`1727
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/16/2023
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Disposition of Claims*
`1-12 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-12 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) 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://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s)filed on 7/22/20 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)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 8/4/21;7/22/20.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230211
`
`Application No.
`Applicant(s)
`46/935,205
`FUJIMOTOetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ANGELA J MARTIN
`1727
`Yes
`
`
`
`-- The MAILING DATEof this 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 7/22/20.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 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)\0) 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.
`
`
`
`Application/Control Number: 16/935,205
`Art Unit: 1727
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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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`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
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`1.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
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`the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
`
`2.
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`Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chiang et
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`al., US 2016/0056490.
`
`Regardingclaim 1, Chiang et al., teaches a lithium secondary battery (0024), comprising:
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`a cathode (abstract; 0009; 0028); an anode (abstract; 0009) including an anode current
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`collector (0054) and an anode active material (0054); a separator disposed between the
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`cathode and the anode (0041; 0054); and an electrolyte liquid (abstract; 0009) in contact with
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`the cathode and the anode (0027), wherein the cathode includes a cathode current collector
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`(0054) and a cathode active material layer (0089) disposed on the cathode currentcollector
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`(0054); the anode includes a material capable of forming an alloy with lithium during charge
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`(0045; 0085); the electrolyte liquid includes lithium ions (0056) and counter anions of the
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`lithium ions (0082); the electrolyte liquid contains at least one selected from the group
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`
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`Application/Control Number: 16/935,205
`Art Unit: 1727
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`Page 3
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`consisting of biphenyl! (0125); the electrolyte includes at least one selected from the group
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`consisting of a cyclic ether (0126), a glyme (0126), and a sulfolane (0126) as the solvent thereof;
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`and the anode active material is disposed away from the anode current collector (0054-0055;
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`0124).
`
`Regarding claim 2, Chiang et al., teaches the cyclic ether (0126) includes at least one selected
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`from the group consisting of 2- methyltetrahydrofuran (0126), tetrahydrofuran (0126), 1,3-
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`dioxolane (0126), and 4-methyl-1,3-dioxolane (0126).
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`Regardingclaim 3, Chiang et al., teaches the glyme (0126) includes at least one selected from
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`the group consisting of tetraglyme (0126).
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`Regarding claim 4, Chiang et al., teaches the sulfolane (0126) includes methylsulfolane (0126).
`
`Regarding claim 5, Chiang et al., teaches the anode active material includes Al (0045):
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`a LiAl alloy is generated during the charge (0111); and a composition of the LiAl alloy is at least
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`one selected from the group consisting of LiAl (0111).
`
`Regarding claim 6, Chiang et al., teaches the anode active material includes Zn (0111);
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`a LiZn alloy is generated during the charge (0111); and a composition of the LiZn alloyis at least
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`one selected from the group consisting of LiZn (0111).
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`Regarding claim 7, Chiang et al., teaches the anode active material includes Si (0045; 0111);
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`a LiSi alloy is generated during the charge; and a composition of the LiSi alloy (0111) is at least
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`one selected from the group consisting of Li132Si4 (0111), Li12Si7 (0111).
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`Regarding claim 8, Chiang et al., teaches the anode active material includes Sn (0111);
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`a LiSn alloy is generated during the charge (0111); and a composition of the LiSn alloy is at least
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`one selected from the group consisting of Li22Sn5, Li7Sn2, Li13Sn5, LiSSn2 (0111).
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`
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`Application/Control Number: 16/935,205
`Art Unit: 1727
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`Page 4
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`Regarding claim 9, Chiang et al., teaches the anode active material includes Ge (0111):
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`a LiGe alloy is generated during the charge (0111); and a composition of the LiGe alloyis at least
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`one selected from the group consisting of LiGe (0111).
`
`Regarding claim 10, Chiang et al., teaches the anode active material includes Cd (0097);
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`a LiCd alloy is generated during the charge (0097); and a composition of the LiCd alloy is at least
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`one selected from the group consisting of LiCd (0097).
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`Regarding claim 11, Chianget al., teaches the anode active material includes Bi (0045); a LiBi
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`alloy is generated during the charge; and a composition of the LiBi alloy is at least one selected
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`from the group consisting of LiBi (0045).
`
`Regarding claim 12, Chiang et al., teaches the separator includes at least one selected from the
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`group consisting of a solid electrolyte (abstract), a gel electrolyte (0037; 0088).
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`Thus, the claims are anticipated.
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`3.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288.
`
`The examiner can normally be reached 7am-4pm.
`
`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.
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`
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`Application/Control Number: 16/935,205
`Art Unit: 1727
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`Page 5
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Barbara Gilliam can be reached on 571-272-1330. The fax phone number for the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
`
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`
`obtained from Patent Center. Unpublished application information in Patent Center is available
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`Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`ANGELA J. MARTIN
`
`Examiner
`
`Art Unit 1727
`
`/ANGELA J MARTIN/
`Examiner, Art Unit 1727
`
`