DETAILED CORRESPONDENCE
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/25/2026 has been entered.
Status of Claims
Claims 1 & 4-5 are amended. Claims 2, 8 & 30 are cancelled. Claims 1, 3-7, 9-29 & 31-32 are currently pending.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 3-7, 9-29 & 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Wilkening (US 2011/0059361 A1) in view of Phillips (US 2013/0171482 A1), Zhamu (US 2011/0165466 A1), Nishimura (US 2006/0035152 A1), He (US 2015/0064574 A1) and Chen (US 2013/0224603 A1).
Regarding claims 1, 3-7, 9-13 & 22-29, Wilkening teaches a process for producing a cable-shaped Li-sulfur battery with first and second ends (Fig. 2; [0027]) & [0100]), said process comprising: (a) providing a first electrode (130) such as a cathode, having a thickness or diameter no less than 200 microns, comprising an electrically conductive porous rod with a circular and hollow cross-section and having at least about 80% by volume of pores; and a first mixture of a first electrode active material such as a cathode active material including a sulfur compound bonded to or confined by a carbon material and with an active material utilization rate of at least 80%; and a first electrolyte containing a lithium salt such as LiPF6 and LiBr dissolved in a liquid solvent such as water or an organic solvent such as acetonitrile, wherein said first mixture resides in said pores of said porous rod (Fig. 2; [0025], [0031]-[0037], [0044]-[0051], [0095], [0100], [0110] & [0138]-[0145]); (b) wrapping around of encasing said first electrode with a porous separator (140) to form a porous separator-protected structure (Fig. 2; [0096], [0100] & [0146]); (c) wrapping around or encasing said porous separator-protected structure with a second electrode (150) such as an anode which comprises an electrically conductive porous layer containing at least 70% by volume or pores and a second mixture of a second electrode active material such as particles of Li and a second electrolyte with said second mixture residing in said pores of said porous layer (Fig. 2; [0025], [0031]-[0037], [0044]-[0051], [0095], [0100], [0110] & [0138]-[0145]); and (d) wrapping around or encasing said second electrode with a protective casing or sheath (156) to form said battery (Fig. 2; [0100]). Wilkening is silent as to (1) a cable-shaped battery having a cable shape with a length-to-diameter or length-to-thickness aspect ratio no less than 10; (2) the second electrode containing a second terminal connector comprising at least one conductive carbon/graphite fiber, or conductive polymer fiber that is embedded in, connected to, or integral with said second electrode; (3) said first and/or second electrolyte having a salt concentration greater than 5.0 M; (4) said first or second electrode having a sulfur cathode active material mass loading no less than 15 mg/cm2 ; and (5) the porous rod or the porous layer containing a porous foam selected from the claimed group. Phillips teaches a cable-shaped battery having a cable shape having a length-to-diameter or length-to-thickness aspect ratio between about 1.5 and about 20 which overlaps with the instantly claimed aspect ratio ranges of claims 1 & 11-12 ([0027]-[0028]). It would have been obvious to one of ordinary skill in the art to use a cable-shaped with an aspect ratio, as described above, in order to use them for non-traditional sized pencil cells and/or specialty consumer applications as taught by Phillips ([0027]). Zhamu teaches an anode for lithium-sulfur batteries comprising an electrically conductive porous layer containing at least 50% by volume of pores and a mixture of an electrode active material and an electrolyte, wherein said mixture resides in said pores of said porous layer, and wherein the electrode active material is an anode active material such as Si and said electrically conductive porous layer is made of a plurality of conductive nano-filaments such as carbon fibers or metal nanowires formed into a mat/web (Abstract, [0061], [0106], [0112]-[0115], [0119] & [0128]-[0129]) which reads on the claimed carbon fiber foam. Zhamu further teaches a nanostructured cathode comprising a porous structure including a plurality of conductive nanofilaments such as conductive polymer fibers, graphite fibers and carbon fibers for supporting a sulfur-based cathode active material in the form of a web/mat ([0061]-[0065], [0085], [0101]-[0103], [0105] & [0115]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use an anode as described by Zhamu because it enables stress-free volume expansion of the active material and also provides an anode resistant to dendrite formation while exhibiting long and stable cycling response ([0055]-[0056] & [0069]). It would have also been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a carbon-based porous foam, as described in Zhamu above, in view of its suitability for the same intended purpose (i.e supporting a cathode or anode active material for a lithium battery). “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See MPEP 2144.07. Moreover, the capacity of a Li-S cell is related to the loading of cathode active material such that an increase in the loading desirably leads to an increase in the cell capacity (Zhamu – [0116]). However, the use of a nanostructured cathode having an ultra-high specific surface area such as nano-graphene platelets (NGP) as described in Zhamu ([0063] & [0115]) would enable increased sulfur loading due to the higher surface area, thereby resulting in increased cell capacity. To this end, Chen teaches a graphene-based cathode containing high surface area graphene having a mesoporous structure such as NGP which preferably has a specific surface area greater than 1,500 m2/g ([0084] & [0099]). Since the NGP taught by Zhamu can be formed with a high specific surface area (i.e greater than 1,500 m2/g which reads on the ranges given in the instant specification [0132]), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to increase the sulfur loading in the modified cathode of He (and thus the cell capacity) by the use of a high surface area cathode material such as NGP. Thus, it would have been obvious to one of ordinary skill in the art to optimize the loading in view of obtaining high-capacity. Nishimura teaches a cylindrical battery formed by winding first electrode (3a), a second electrode (3b) and a separator (39) with the separator being placed between the first and second electrodes, wherein the first electrode and second electrode each contain a current collector (31a, 31b) connected to the first and second electrodes (3a, 3b) (Figs. 1, 4; [0004], [0067], [0158]-[0163]). Nishimura further teaches that the current collectors comprise a resin sheet (11a, 11b) and a conductive layer (12a, 12b) wherein the resin sheet, which extends between opposing first and second ends of the battery, can be a conductive polymer fiber ([0102]-[0103] & [0127]-[0128]). It would have been obvious to one of ordinary skill in the art to use the current collector of Nishimura as a second terminal connector to be connected to the second electrode of modified Wilkening in order to take electricity out of the electrode plate assembly (first electrode, separator and negative electrode) to a terminal of the battery without causing a short-circuit as taught by Nishimura ([0004]). Furthermore, the use of a conductive polymer fiber would have been obvious because it provides increased contact area of conductive material resulting in an improved current collecting state of the current collector as taught by Nishimura (Fig. 1; [0114]). He teaches a process for producing an alkali metal-sulfur battery wherein said alkali metal is Li or Na (Fig. 2; [0014]) and said process comprising providing a first electrode comprising an electrically conductive porous structure containing a porous foam such as a carbon foam structure and a first mixture of a first electrode active material and a first electrolyte containing a lithium salt, such as LiBF4, dissolved in a liquid organic solvent such as 1,3 dioxolane (DOL) with a salt concentration greater than 10M, such that there are no dry pockets in said first electrode, wherein said first mixture resides in said pores of said porous structure; wherein the first electrode active material is a sulfur cathode active material including a sulfur compound such as Ni3S2 and FeS2 bonded to pore walls of the porous structure and a second electrode active material comprising an intercalation compound such as petroleum coke and sodium titanates ([0015], [0019]-[0022], [0028]-[0029], [0051], [0069]-[0081], [0085]-[0086] & [0101]-[0102]). It would have been obvious to one of ordinary skill in the art to use a salt concentration of 10 M in Wilkening first and second electrolytes in order to effectively suppress the flammability of any organic solvent as taught by He ([0015]). Furthermore, it would have been obvious to one of ordinary skill in the art to employ an intercalation compound such as petroleum coke or sodium titanate as suitable active material for an alkali sulfur battery. While He teaches a carbon foam as the electrically conductive porous structure, one of ordinary skill in the art readily understands that the claimed carbon aerogel, carbon xerogel, graphene foam as well as other claimed materials are art recognized equivalents for the purpose of an electrically conductive porous material for a lithium ion battery cathode/anode as evidenced by Chen ([0066]). “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See MPEP 2144.07.
Regarding claim 14, modified Wilkening teaches the process of claim 1 as noted above. Wilkening further teaches introducing particles or coating of sulfur or sulfur compound as a cathode active material in said first electrode using an electrochemical deposition, a chemical deposition or a solution deposition ([0066] & [0088]-[0090]).
Regarding claims 15-16, modified Wilkening teaches the process of claim 1 as noted above. Zhamu further teaches that the cathode active material can be dissolved in a liquid electrolyte to be introduced into the pores of the cathode which comprises at least one porous surface and interconnected electron-conducting pathways. Furthermore, the nano-structure of the cathode enables the pores in the cathode to be filled effectively with the nano-scaled cathode active material and electrolyte ([0084], [0097]-[0098], [0104], [0126]). Thus, one of ordinary skill in the art would have found it obvious to impregnate the electrically conductive porous rod of Wilkening with a first mixture comprising the cathode active material and the electrolyte through a casting method by essentially filling the pores of the cathode with the first mixture since the cathode active material can be dissolved in the liquid electrolyte. While Zhamu does not explicitly teach this process being continuous, it is noted that it would have been obvious to continuously provide electrically conductive porous rods and impregnate them with a first mixture comprising a cathode active material and an electrolyte in order to mass produce the instantly claimed cathode such as in industrial manufacturing environment to improve productivity and efficiency. See MPEP 2144.04 V (E).
Regarding claims 17-18, modified Wilkening teaches the process of claim 1 as shown above. Zhamu further teaches an anode containing a porous surface and interconnected electron conducting pathways (wherein the anode material can be the same as the cathode material above) wherein pores of the anode accommodate an anode active material and an electrolyte ([0127]-[0128]). While Zhamu does not explicitly teach a method of impregnating the pores of the anode, it would have been obvious to one of ordinary skill in the art to use a casting step, wherein pores of the anode are filled with a second mixture comprising an anode active material and an electrolyte, similarly to the step of claims 15-16 above. While Zhamu does not explicitly teach this process being continuous, it is noted that it would have been obvious to continuously provide electrically conductive porous layers and impregnate them with a second mixture comprising an anode active material and an electrolyte in order to mass produce the instantly claimed cathode such as in an industrial manufacturing environment to improve productivity and efficiency. See MPEP 2144.04 V (E).
Regarding claim 19, modified Wilkening teaches the process of claim 1 as shown above. Zhamu further teaches a cylindrical battery comprising a positive electrode, a negative electrode and a separator between the negative and positive electrodes to form a stacked assembly wherein the stacked assembly is spirally wound ([0162]). While Wilkening teaches a cylindrical battery with concentric layers of a negative electrode, a separator and a positive electrode, it is well known to one of ordinary skill in the art to use a cylindrical battery comprising a spirally wound stacked as taught by Zhamu above. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07.
Regarding claim 20, modified Wilkening teaches the process of claim 1 as noted above. Wilkening further teaches step (b) of claim 1, comprising spraying an electrically insulating material to encase said first electrode, forming a porous shell structure covering said first electrode to form said porous separator-protected structure (Fig. 2; [0137] & [0148]).
Regarding claim 21, modified Wilkening teaches the process of claim 1 as noted above. Wilkening further teaches step (c) of claim 1, including wrapping around or encasing said porous-separator protected structure with said second electrode in a straight manner (Fig. 2; [0100]).
Regarding claim 31-32, modified Wilkening teaches the process of claim 1 as noted above. He further teaches the liquid solvent for the electrolyte being a room temperature ionic liquid including a tetraalkylammonium cation and a BF4- anion ([0021]-[0022]). It would have been obvious to one of ordinary skill in the art to use a room temperature ionic liquid as described in He above in view of its suitability as an electrolyte solvent for a Li-S battery electrolyte. “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See MPEP 2144.07.
Response to Arguments
Applicant's arguments filed 02/25/2026 have been fully considered but they are not persuasive. In response to Applicant’s arguments that the cited references do not fairly teach or suggest the present claimed subject matter, the examiner respectfully disagrees. As noted in the updated rejection of claims 1 & 3-4, Zhamu renders obvious the use of a porous mat comprising a carbon fiber, graphite fiber or conductive polymer fiber for the cathode and a porous mat formed of a carbon fiber which read on the presently claimed porous foams forming the porous rod in the first electrode and the porous layer in the second electrode of the instant invention. While Zhamu may not explicitly disclose a porous foam, it is noted that the porous mat of conductive filaments made up of carbon fibers, graphite fibers or conductive polymer fibers reads on the claimed structure of a porous foam. Furthermore, other porous foams such as reduced graphene oxide foam, as well as other claimed materials recited in [0064] of Chen, are known art recognized equivalents for the purpose of an electrically conductive porous material for a porous mat/layer of a lithium ion battery cathode/anode as evidenced by Chen. “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”. See MPEP 2144.07.
Thus, in view of the foregoing, claims 1, 3-7, 9-29 & 31-32 stand rejected.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached on M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727
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