DETAILED ACTION
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 .
The Applicant has amended claim 44; and added new claims 56-60; and withdrawn claims 42, 43. The pending claims are claims 41, 44-48 and 50-55.
Continued Examination Under 37 CFR 1.114
3 .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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/17/2026 has been entered.
Claim Rejections - 35 USC § 103
4. 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.
5. Claim(s) 41, 44-46, 50-52 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su et al., US 2018/0241107, in view of Weber Martin et al., WO 2017148850.
Regarding claim 41, Su et al., teaches an electrochemical cell (0013-0015; 0096) comprising:
a) a posolyte (catholyte) comprising a positive electrode active material in a first electrolyte (0048);
b) a negolyte (anolyte) comprising a polysulfide compound in a second electrolyte (0005; 0038-0039);
c) an ion-permeable membrane (abstract; 0005) configured to electrically insulate the negolyte from the posolyte (abstract; 0005; 0039); and
d) wherein the ion-permeable membrane (0005; 0039) comprises:
(i) a polymer (“polymer ionic conductor such as Nafion”; 0060); regarding the amendment, “a polymer having intrinsic microporosity in which particulates are selectively permeable by size sieving”, this is functional language wherein the microporosity structure would make it capable of being selectively permeable by size sieving.
Su et al., teaches porosity in the polymer material (0060):
“the separator 130 can include a porous organic or inorganic compound filled with a liquid or polymeric ion conductor. The porosity of the separator 130 can be sufficiently small in size scale (including nano-porous materials)” (0060);
(ii) a protective layer disposed on a posolyte side of the polymer and configured to reduce oxidation of the polymer by the positive electrode active material (protective =“[0100] To address the high polarization and high OER overpotential and lower voltage hysteresis, many possible low-cost catalysts based on transition metal compounds can be used. For example, permanganate compound (e.g., KMnO.sub.4, NaMnO.sub.4) added to cathode can be reduced to MnO.sub.2 and serve as catalyst. In addition, α-MnO.sub.2 and NiFeO.sub.x can also be added to cathode as catalyst”) (0100; 0101); and
(iii) wherein the protective layer comprises manganese oxide (0100-0101).
Su et al., does not teach a polymer having intrinsic microporosity defined by kinks in polymer chains of the polymer.
Weber Martin et al., teaches a polymer having intrinsic microporosity defined by kinks in polymer chains of the polymer (pg. 17, lines 33-37) (“organic polymers of intrinsic microporosity …which are characterized by the incorporation of rigid sequences without single-bonded chains in the backbone and kink chains.”
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Weber Martin et al., into the teachings of Su et al., because the Weber Martin et al., “provide a method for preparing a membrane (M) formed of an organic polymer of intrinsic microporosity (PIM), which exhibits an increased
selectivity without significantly reducing the high permeability. The method should be easy to perform at relatively low costs.” ) (pg. 1, lines 31-37).
Su et al., teaches the manganese oxide (MnO2) (0100-0101) and permanganate compounds (0100).
Regarding claim 44, Su et al., teaches the positive electrode active material comprises a sulfur-based compound (0038).
Regarding claim 45, Su et al., teaches the positive electrode active material has a concentration greater than 2M and less than 5M (3M) (0045).
Regarding claim 46, Su et al., teaches the posolyte and the negolyte are aqueous solutions having a pH at or above 13 (Fig. 3; claim 9).
Regarding claim 50, Su et al., does not teach the manganese oxide is embedded in the polymer manganese oxide and does not teach with the manganese oxide and the polymer forming a polymer-MnO2 composite.
However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). " Therefore, the manganese oxide would be within the polymer manganese oxide and would form a polymer-MnO2 composite.
Regarding claim 51, Su et al., does not teach the diffusive permeability of AqMn through the polymer-MnO2 composite is less than 1 x 10-2 cm2/s.
However, where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 52, Su et al., teaches the conductivity of the polymer-MnO2 composite is less than 2 mS/cm (0120; 0138).
6. Claim(s) 47, 48, 53-55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su et al., US 2018/0241107, in view of Weber Martin et al., WO 2017148850, in further view of Sekiguchi et al., US 2019/0296325.
Regarding claim 47, Su et al., modified by Weber Martin, does not teach the polymer is a polyamine polymer.
Sekiguchi et al., teaches a polyamine polymer in a solid electrolyte (0128-0130).
Thus, it would have been obvious to one of ordinary skill in the art to substitute any one of the polymers listed in Sekiguchi et al., (polyester, polyamine, polyethylene, polysulfide) (0128), wherein “a nonaqueous lithium secondary battery formed by using a combination of the positive and negative electrode materials exhibits an excellent life performance.” (0006).
Regarding claim 48, Su et al., does not teach the ion-permeable membrane includes a reinforcement material including nylon, rubber, or a combination thereof.
Sekiguchi et al., teaches butadiene rubber, PVDF, PTFE, CMC (0092).
Thus, it would have been obvious to one of ordinary skill in the art to substitute any one of the polymers listed in Sekiguchi et al., (butadiene rubber, PVDF, PTFE, CMC), wherein “A nonaqueous lithium secondary battery formed by using a combination of the positive and negative electrode materials exhibits an excellent life performance.” (0006).
Regarding claim 53, Su et al., does not teach the polymer is a quaternary polyamine polymer.
Sekiguchi et al., teaches a polyamine polymer in a solid electrolyte (0128-0130).
Thus, it would have been obvious to one of ordinary skill in the art to substitute any one of the polymers listed in Sekiguchl et al., (polyester, polyamine, polyethylene, polysulfide), wherein “a nonaqueous lithium secondary battery formed by using a combination of the positive and negative electrode materials exhibits an excellent life performance.” (0006).
Regarding claim 54, Su et al., does not teach the quaternary polyamine polymer comprises an amino acid polymer or a copolymer thereof.
Sekiguchl et al., teaches a polyamine polymer comprising an amino acid polymer (“polyamine type”) (0129).
Thus, it would have been obvious to one of ordinary skill in the art to substitute any one of the polymers listed in Sekiguchl et al., (polyester, polyamine, polyethylene, polysulfide), wherein “a nonaqueous lithium secondary battery formed by using a combination of the positive and negative electrode materials exhibits an excellent life performance.” (0006).
Regarding claim 55, Su et al., does not teach the quaternary polyamine polymer comprises a Troger's base polymer or copolymer thereof.
Sekiguchi et al., teaches a polyamine type which is a Troger base polymer or copolymer (0128) or dimethyldimethoxysilane (0043).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Sekiguchi into the teachings of Su because Sekiguchi teaches the Troger base polymer or copolymer may “include the polyether type, polyester type, polyamine type, polyethylene type, silicone type, and polysulfide type”. (0128).
7. Claim(s) 56-60 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su et al., US 2018/0241107, in view of Weber Martin et al., WO 2017148850, and still in further view of Sekiguchi et al., US 2019/0296325.
Regarding claim 56, Su et al., teaches an electrochemical cell (0013-0015; 0096) comprising:
a posolyte (catholyte) comprising a positive electrode active material in a first electrolyte (0048); a negolyte (anolyte) comprising a polysulfide compound (0005; 0038-0039); dissolved in a second electrolyte (0005; 0038-0039); and an ion-permeable membrane (0005; 0039) electrically insulating the negolyte from the posolyte (abstract; 0005; 0039); negolyte in electrochemical communication with the posolyte via the ion-permeable membrane (0005; claim 1), and the ion-permeable membrane comprising a polymer (0005; claim 1).
Su et al., does not teach wherein the polymer is a zwitterionic quaternary polyamine polymer comprising an alkylated and crosslinked Tröger's base polymer or copolymer thereof.
Sekiguchi et al., teaches a polyamine type which is a Troger base polymer or copolymer (0128) or dimethyldimethoxysilane (0043).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Sekiguchi into the teachings of Su because Sekiguchi teaches the Troger base polymer or copolymer may “include the polyether type, polyester type, polyamine type, polyethylene type, silicone type, and polysulfide type”. (0128).
Sekiguchl et al., teaches a polyamine polymer comprising an amino acid polymer (“polyamine type”) (0129).
Thus, it would have been obvious to one of ordinary skill in the art to substitute any one of the polymers listed in Sekiguchl et al., (polyester, polyamine, polyethylene, polysulfide), wherein “a nonaqueous lithium secondary battery formed by using a combination of the positive and negative electrode materials exhibits an excellent life performance.” (0006).
Regarding claim 57, Su et al., teaches wherein the posolyte and the negolyte are aqueous solutions having a pH at or above 10 (0044; 0081) (“greater than 10, greater than 11” (0081)).
Regarding claim 58, Su et al., teaches wherein the ion-permeable membrane includes a reinforcement material including crystalline silica (0060), crystalline titania (0063), or a combination thereof.
Regarding claim 59, Su et al., does not teach wherein the alkylated and crosslinked Tröger's base polymer is alkylated with propane sultone.
Sekiguchi et al., teaches a polyamine type which is a Troger base polymer or copolymer (0128) or dimethyldimethoxysilane (0043).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Sekiguchi into the teachings of Su because Sekiguchi teaches the Troger base polymer or copolymer may “include the polyether type, polyester type, polyamine type, polyethylene type, silicone type, and polysulfide type”. (0128).
Regarding claim 60, Su et al., teaches wherein the positive electrode active material comprises a manganese-based compound (0100-0101); a transition metal sulfide (0060; 0063; 0078; 0161) based compound.
Response to Arguments
8. Applicant's arguments filed 3/17/2026 have been fully considered but they are not persuasive. The Applicant argues that: “Su, Weber, and Lu, alone or in any proper combination have not been shown to have described or made obvious an electrochemical cell including "an ion- permeable membrane configured to electrically insulate [a] negolyte from [a] posolyte; and wherein the ion-permeable membrane comprises: (i) a polymer and (ii) a layer of manganese oxide coating a surface of the polymer on a posolyte side of the polymer," as recited in the Applicants' independent claim 41, from which claims 44-46 and 50-52 each ultimately depends...”
However, Lu et al., is not one of the references in this Office Action.
Conclusion
9. 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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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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