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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/935,205
`
`07/22/2020
`
`MASAHISA FUJIMOTO
`
`083710-3094
`
`2856
`
`Rimon PC - Pansonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`MARTIN, ANGELAJ
`
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/09/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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):
`USPTOmail@rimonlaw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-12,14 and 16-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-12,14 and 16-17 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)Z None ofthe:
`b)() Some**
`a) All
`1.¥) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231215
`
`Application No.
`Applicant(s)
`16/935,205
`FUJIMOTOet al.
`
`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 STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 11/21/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() 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)(2) 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
`
`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 inventor to file provisions of the AIA.
`
`The Applicant has amended independent claim; and added new claim 17; and canceled
`
`claims 13 and 15. The pending claims are claims I-12, 14, 16, 17. The Applicant has
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`overcome the 35 USC 112 Rejection.
`
`Continued Examination Under 37 CFR 1.114
`
`1.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`11/21/2023 has been entered.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
`
`obviousness rejections set forth in this Office action:
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare suchthat the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`
`

`

`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`Page 3
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`ordinary skillin the art to which the claimed invention pertains. Patentability shall notbe
`negated by the manner in whichthe invention was made.
`
`3.
`
`Claim(s) I-3, 12, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Han et al., US 2015/0229005.
`
`Regarding claim 1, Han etal., teaches a lithium secondary battery (abstract; 0021),
`
`comprising: a cathode (0019); an anode (0019-0020) including an anode current
`
`collector (0055; 0062) and an anode active material (0019; 0053); a separator disposed
`
`between the cathode and the anode (0023); and an electrolyte liquid (non-aqueous
`
`organic solvent) (0009-0011) in contact with the cathode and the anode (Fig. 1; cathode
`
`100; anode 110; electrolyte 130), wherein: the cathode includes a cathode current
`
`collector (cathode current collector 102) and a cathode active material layer (cathode
`
`active material 104) disposed on the cathode current collector (Fig. 1), the anode (0019-
`
`0020) includes a material capable of forming an alloy with lithium during charge (0019;
`
`0053), the electrolyte liquid includeslithium ions and counter anions of the lithium ions
`
`(Fig. 1; electrolyte 130), the electrolyte liquid contains at least one selected from the
`
`group consisting of phenanthrene, biphenyl (0017; 0050), the electrolyte includes at
`
`least one selected from the group consisting of a sulfolane (0013; 0045) as the solvent
`
`thereof, the anode active material is disposed away from the anode current collector
`
`(Fig. 1; anode current collector 112; anode active material 114), the anode active
`
`material (114) as a whole is separated from the anode current collector (112) by the
`
`electrolyte liquid (130) (Fig. 1).
`
`Han et al., does not teach in a charge state, a potential of the electrolyte liquid is lower
`
`than an equilibrium potential of the anode active material, and in a discharge state, the
`
`

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`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`Page 4
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`potential of the electrolyte liquid is higher than the equilibrium potential of the alloy of
`
`the anode active material with lithium.
`
`However, Hanteaches “the lithium battery may be stably charged and discharged
`
`when driven at a high temperature” (0041)...
`
`10108] Thelithium batteries that passed through the formation process were charged
`
`by using a CCCV method at 1 C (cut-off at 0.05C), until 4.2 V was reached and then
`
`discharged at 1 C until 2 V was reached. The charge and discharge conditions were
`
`standard charge and discharge conditions and the discharge capacity during this
`
`process wasthe standard capacity.”
`
`“[0109] Thereafter, the lithium batteries were charged in the manner described above at
`
`1 C until 4.2 V was reached and then discharged at 4.5 A (30 C) until 2 V was reached.
`
`At this time, the initial voltage drop (.DELTA.V) was measured to calculate a DC-IR
`
`value from Equation 1.”
`
`Thus, one of ordinary skill in the art may adjust the charging and discharging of the
`
`electrolyte potential and of the anode active material potential to the desired potential of
`
`choice.
`
`Regarding claim 2, Han et al., teaches the cyclic ether includes at least one selected
`
`from the group consisting of 2- methyltetrahydrofuran (0013), tetrahydrofuran (0013),
`
`1,3-dioxolane (0013).
`
`Regarding claim 3, Han et al., teaches the glyme includes at least one selected from the
`
`group consisting of dimethyl ether (0013)and diethylene glycol (0045).
`
`Regarding claim 12, Han et al., teaches the separator a solid electrolyte (0039).
`
`

`

`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`Page 5
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`Regarding claim 17, Han et al., teaches the anode current collector (112) is disposed
`
`between the separator (120) and the anode active material (114).
`
`4.
`
`Claim(s) 4-11, 14, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Han et al., US 2015/0229005,
`
`in view of Chiang et al., US 2016/0056490.
`
`Regarding claim 4, Han et al., teaches sulfolane (0013; 0045).
`
`However, Han does not teach 3-methylsulfolane. Regarding claim 4, Chiang etal.,
`
`teaches the sulfolane (0126) includes methylsulfolane (0126).
`
`Regarding claim 5, Chiang et al., teaches the anode active material includes Al (0045):
`
`a LiAl alloy is generated during the charge (0111); and a composition of the LiAlalloy is
`
`at least one selected from the group consisting of LiAl (0111).
`
`Regarding claim 6, Chiang et al., teaches the anode active material includes Zn (0111);
`
`a LiZn alloy is generated during the charge (0111); and a composition of the LiZn alloy
`
`is at least one selected from the group consisting of LiZn (0111).
`
`Regarding claim 7, Chiang et al., teaches the anode active material includes Si (0045;
`
`0111); aLiSi alloy is generated during the charge; and a composition of the LiSi alloy
`
`(0111) is at least one selected from the group consisting of Li132Si4 (0111), Li12Si7
`
`(0111).
`
`

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`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`Page 6
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`Regarding claim 8, Chiang et al., teaches the anode active material includes Sn (0111);
`
`a LiSn alloy is generated during the charge (0111); and a composition of the LiSn alloy
`
`is at least one selected from the group consisting of Li22Sn5, Li7Sn2, Li13Sn5, LibSn2
`
`(0111).
`
`Regarding claim 9, Chiang et al., teaches the anode active material includes Ge (0111):
`
`a LiGe alloy is generated during the charge (0111); and acomposition of the LiGe alloy
`
`is at least one selected from the group consisting of LiGe (0111).
`
`Regarding claim 10, Chiang et al., teaches the anode active material includes Cd
`
`(0097); a LiCd alloy is generated during the charge (0097); and a composition of the
`
`LiCd alloy is at least one selected from the group consisting of LiCd (0097).
`
`Regarding claim 11, Chiang et al., teaches the anode active material includes Bi (0045);
`
`a LiBi alloy is generated during the charge; and a composition of the LiBi alloy is at least
`
`one selected from the group consisting of LiBi (0045).
`
`Claims 5-11, include product-by-processlimitations: “is generated during the charge’.
`
`‘Elven though procuot-by-process clairns are limited by and defined by the orocess,
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`dislermination of patentability is based on the oroduct iisell. The patentability of a
`
`product does not depend on ifs methoct of production. H the product in the product-by-
`
`process claim is the same as or obvious from a product of the prior art, the claim is
`
`unpatentable even though the prior croduct was made by a different process.” /n re
`
`Thome, 777 F.2d 695, 698, 227 USPO 964, 966 (Fed. Cir. 1265).
`
`

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`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`Page 7
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`Regarding claim 14, Chiang et al., teaches the electrolyte liquid contains triphenylene
`
`(0088).
`
`Regarding claim 16, Chiang et al., teaches the anode active materialis solidified with a
`
`binder including polyvinylidene fluoride (PVDF) (0052) and polyethylene (0112; 0124).
`
`Response to Arguments
`
`5.
`
`Applicant's arguments filed 11/21/2023 have beenfully considered but they are
`
`not persuasive. The Applicant argues that “Chiang fails to teach the feature “the anode
`
`active material as a whole is separated from the anode currentcollector by the
`
`electrolyte liquid,
`
`in a charge state, a potential of the electrolyte liquid is lower than an
`
`equilibrium potential of the anode active material, and in a discharge state, the potential
`
`of the electrolyte liquid is higher than the equilibrium potential of the alloy of the anode
`
`active material with lithium.”
`
`However, anew reference, Han et al., US 2015/0229005, teaches the charge state and
`
`the discharge state and the equilibrium potential of the anode active material and the
`
`electrolyte.
`
`Additionally, all of the arguments are related to Chiang et al., US 2016/0056490, but
`
`new reference Han etal., is now the primary reference.
`
`

`

`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`Page 8
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`Conclusion
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`6.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANGELA J MARTIN whosetelephone numberis
`
`(571)272-1288. The examiner can normally be reached 7am-4pm.
`
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`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Barbara Gilliam can be reached on 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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`
`ANGELAJ. MARTIN
`
`Examiner
`Art Unit 1727
`
`

`

`Application/Control Number: 16/935,205
`Art Unit: 1727
`
`/ANGELA J MARTIN/
`Examiner, Art Unit 1727
`
`/BARBARAL GILLIAM/
`Supervisory Patent Examiner, Art Unit 1727
`
`Page 9
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`