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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
`
`16/981,502
`
`09/16/2020
`
`Tomohisa Okazaki
`
`P200859US00
`
`4869
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`MARTIN, ANGELA J
`
`1727
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`03/30/2023
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`ELECTRONIC
`
`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):
`
`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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-6 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 9/16/20 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 7/22/21;10/19/20,
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230324
`
`Application No.
`Applicant(s)
`16/981 ,502
`Okazakietal.
`
`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 9/16/20.
`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)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: 16/981,502
`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
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`inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 103
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`1.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`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 ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`2.
`
`Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schmitz et
`
`al., US 2017/0040649,in view of Yoichi et al., JP 2016143449 (cited on IDS of 7/22/2021-
`
`equivalent to JP 6507677B2).
`
`Regarding claim 1, Schmitz et al., teaches a lithium secondary battery (0120; 0145-0146)
`
`having a positive electrode (0147), a separator, a negative electrode (0145) facing the positive
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`electrode with the separator interposed between the negative electrode and the positive
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`electrode (0156), and an electrolyte (abstract; 0044-0046), wherein
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`metallic lithium deposits on the negative electrode during charge (0145),
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`the electrolyte comprising:
`
`

`

`Application/Control Number: 16/981,502
`Art Unit: 1727
`
`Page 3
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`an oxalate salt containing an oxalate complex as an anion (0102-0111,lithium
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`tetrafluoro oxalate phosphate or lithium oxalate-0102), and a lithium ion as a cation (0145-
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`0147); and a dicarboxylic acid diester compound (0114; 0174).
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`Schmitz et al., ‘649, does not teach the amountof dicarboxylic acid diester.
`
`Yoichi et al., ‘449, teaches a dicarboxylic acid diester compound (0035; 0041, 0053-54)
`
`and
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`the dicarboxylic acid diester compound being contained in an amountof 0.2 mass% or more
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`and less than 8 mass% in the electrolyte (0053-0054).
`
`Thus, it would have been obvious to one of ordinaryskill in the art to insert the
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`teachings of ‘449, into the teachings of ‘649, because ‘449 teaches that the claimed ranges of
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`the contents in the electrolyte are preferable for improving capacity retention characteristics
`
`and cycle characteristics (0054).
`
`Regarding claim 2, Schmitz et al., ‘649, teaches oxalate salt (0102-0111).
`
`Schmitz et al., ‘649 does not teach oxalate salt is contained in an amount of 0.1 mass% or more
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`and 20 mass% or less in the electrolyte.
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`Yoichi et al., ‘449, teaches amount of oxalate salt is 0.1 mass% or more and 20 mass% or
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`less in the electrolyte (0038).
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`Regarding claim 3, Yoichi et al., ‘449,teaches wherein the dicarboxylic acid diester
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`compound is represented by the formula for “dicarboxylic acid diester” (0053).
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`(where R1 represents a single bond or a hydrocarbon group having 1 to 3 carbon atoms, Ra and
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`Rb each represent a hydrocarbon group having 1 to 4 carbon atoms).
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`

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`Application/Control Number: 16/981,502
`Art Unit: 1727
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`Page 4
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`Regarding claim 4, Schmitz et al., ‘649, teaches wherein the oxalate salt includes lithium
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`difluorooxalate borate (0116).
`
`Regarding claim 5, Schmitz et al., ‘649, teaches wherein the negative electrode includes
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`a negative electrode current collector, and the negative electrode current collector includes a
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`metal material that does not react with metallic lithium (copper) (0152; 0155).
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`Regarding claim 6, Schmitzet al., ‘649, teaches the metal material is copper or a copper
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`alloy (0152; 0155).
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`3.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288.
`
`The examiner can normally be reached 7am-4pm.
`
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`
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`
`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 wherethis application or proceedingis assigned is 571-273-8300.
`
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`Application/Control Number: 16/981,502
`Art Unit: 1727
`
`Page 5
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`
`ANGELA J. MARTIN
`
`Examiner
`
`Art Unit 1727
`
`/ANGELA J MARTIN/
`Examiner, Art Unit 1727
`
`/Maria Laios/
`Primary Examiner, Art Unit 1727
`
`