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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/06/2026 has been entered.
Response to Remarks
Applicant’s arguments filed on 02/06/2026 have been fully considered. However, in light of the amendments a new search was conducted and a more pertinent prior art reference has been identified that renders the claims obvious and the previously raised arguments moot. See claims 6-16 rejections below.
Summary
This is a continued examination non-final office action for application 17/691,604 in response to the amendments filed on 02/06/2026. Claims XX-XX are under examination.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. TW110137399 filed on 10/07/2021.
Information Disclosure Statement
The information disclosure statements (IDS)s submitted on 03/10/2022, 06/23/2022, 10/26/2022, 03/17/2025 and 07/30/2025 are being considered by the examiner.
Claim Rejections - 35 USC § 103
Claims 6-9, 11-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US-20200028178-A1) and further in view of Ding et al. ( Preparation of Amino-functionalized Multiwall Carbon Nanotube/Gold Nanoparticle Composites, 02 March 2010, Chinese Journal of Chemistry, Volume 28).
Regarding Claim 6, He discloses a battery (see e.g. "lithium-sulfur battery" in paragraph [0018] and FIG. 2), comprising:
a negative electrode current collector (see e.g. "anode current collector" in paragraph [0019] and FIG. 2);
a negative electrode disposed on the negative electrode current collector (see e.g. "anode active material layer" in paragraph [0019] and FIG. 2);
a nanocomposite layer in contact with the negative electrode (see e.g. " a discrete anode-protecting layer disposed between the anode active material layer and the porous separator "and "the anode-protecting layer or cathode-protecting layer comprises a conductive sulfonated elastomer composite" in paragraph [0019] and FIG. 2), wherein the nanocomposite layer comprises:
a carbon nanotube material (see e.g. "the conductive reinforcement material is selected from... carbon nanotubes); and
a lithium salt polymer composite (see e.g. "lithium ion-conducting additive" in paragraph [0035]) wrapping the carbon nanotube composite material (see e.g. paragraph [0141]).
While He discloses that the carbon nanotubes are mixed with the polymer electrolyte and the instant application claims wrapping, it appears that mixing meets the definition of wrapping based on the disclosure. Because there is no description as to what wrapping is in the specification under the broadest reasonable interpretation consistent with the specification, the claimed “wrapping” encompasses the mixing or embedding of CNTs within a polymer composite matrix as disclosed by He.
He further discloses that the lithium salt polymer composite comprises a first polymer (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-c conducting polymer selected from... poly(vinylidene fluoride) (PVDF)" in paragraph [0038]), a second polymer (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion- conducting polymer selected from... poly(methyl methacrylate) (PMMA)" in paragraph [0038]), and a lithium salt (see e.g. "lithium salts" in paragraph [0036]), wherein the first polymer is a piezoelectric polymer (see e.g. "poly(vinylidene fluoride) (PVDF)" in paragraph [0038]), the second polymer is a doping molecule that is miscible with the first polymer (see e.g. poly(methyl methacrylate) (PMMA)" in paragraph [0038]).
He does not explicitly disclose that the second polymer is configured to change a crystal structure of the first polymer, however, it is well known in the art that blending PMMA with PVDF alters the crystalline phase of PVDF (see e.g. paragraphs [0036]-[0037] of the instant specification). Therefore the PMMA of He would inherently modify the crystal structure of PVDF.
He further discloses a solid-state electrolyte (see e.g. "The electrolyte for an alkali metal-sulfur cell may be... solid-state electrolyte" in paragraph [0117]) disposed on the nanocomposite layer (see e.g. "separator is not required where a solid state electrolyte is used, for instance" in paragraph [0071] and FIG. 2);
a positive electrode disposed on the solid-state electrolyte (see e.g. "cathode active material layer" in paragraph [0019] and FIG. 2); and
a positive electrode current collector disposed on the positive electrode (see e.g. "cathode current collector" in paragraph [0019] and FIG. 2).
He does not disclose that the carbon nanotube composite material comprises a surface-modified carbon nanotube with a positively charged group and a plurality of nanoparticles with a negatively charged group, wherein the plurality of nanoparticles are attached to the surface-modified carbon nanotube, and a surface of the surface-modified carbon nanotube has a NH(CH2)2-NH3+ group or a NH3+ group.
Ding, however, in the same field of endeavor, nano materials for electrical applications, discloses a carbon nanotube composite material (see e.g. "MWNT/gold nanoparticle composite" in Abstract of Ding) comprising a surface-modified carbon nanotube with a positively charged group (see e.g. " amino-functionalized MWNT" in Abstract and "Amino-functionalization of MWNT with ethylenediamine" on page 209 of Ding) and a plurality of nanoparticles with a negatively charged group, wherein the plurality of nanoparticles are attached to the surface-modified carbon nanotube (see e.g. "MWNT/gold nanoparticle composites were formed when the amino-functionalized MWNT was interacted with gold colloids" in Abstract and "Negatively charged gold nanoparticles were anchored on the sur-face of the amino-functionalized MWNT." in Introduction of Ding) and a surface of the surface-modified carbon nanotube has a ethylenediamine group (see e.g. "Amino-functionalization of MWNT with ethylenediamine" on page 209 of Ding). Ethylenediamine has the chemical formula NH(CH2)2-NH2, however, Ding also discloses that the amino functionalized carbon nanotubes are dispersed in water (see e.g. "The amino-functionalized MWNT can be easily dispersed in deionized water to form stable suspensions. " on page 209 paragraph starting with "FTIR spectra" of Ding). When dispersed in water ethylenediamine is easily protonated and when protonated become NH(CH2)2-NH3+ which is the same species as what is claimed by the instant application.
Ding also teaches that the amino-functionalized MWNT/gold nanoparticle composite preserves the intrinsic electronic properties of MWNTs, unlike composites prepared with polyelectrolytes, which can alter connectivity; this makes this specific amino-functionalized MWNT/gold nanoparticle composite more advantageous for electronic application, such as batteries (see e.g. MWNT/gold nanoparticle composites section and Conclusion section of Ding). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carbon nanotube of He et al. such that they include the surface modified carbon nanotubes of Ding et al. in order to preserve the intrinsic electronic properties of MWNTs as suggested by Ding.
Regarding Claim 7, He in view of Ding discloses the battery of claim 6 (see e.g. claim 6 rejection above).
He further discloses that the nanocomposite layer has a thickness of about 1 nm to 100 µm (see e.g., "the nanocomposite layer has a thickness of about 25 microns to about 50 microns." in paragraph [0047]).
He discloses a range that overlaps with the range claimed by the instant application. In the case where the prior art discloses a range that overlaps with the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 8, He in view of Ding discloses the battery of claim 6 (see e.g. claim 6 rejection above).
He does not disclose that a surface of the surface-modified carbon nanotube has an amido group.
Ding, however, discloses that the surface of the surface modified carbon nanotube is amino functionalized (see e.g., "the amino-functionalized MWNT" in Abstract of Ding). Ding also discloses the presence of O-C=O (carboxylic acid) and the presence of amide carbonyl groups in the amino-functionalized MWNTs (see e.g. "These results further confirmed the presence of the amide carbonyl group." in FTIR analysis section page 209 and "was attributed to the presence of O—C＝O (carboxylic acid)." and "indicates the conversion of the COOH groups to CONH groups" in the XPS analysis Section page 210 of Ding). In this case Ding discloses that the carbon nanotubes have amido groups present.
Ding also teaches that the amino-functionalized MWNT/gold nanoparticle composite preserve the intrinsic electronic properties of MWNTs, unlike composites prepared with polyelectrolytes, which can alter conductivity; this makes this specific amino-functionalized MWNT/gold nanoparticle composite more advantageous for electronic application, such as batteries (see e.g. MWNT/gold nanoparticle composites section and Conclusion section of Ding). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carbon nanotube of He et al. such that they include the surface modified carbon nanotube having an amido group as taught by Ding et al. in order to preserve the intrinsic electronic properties of MWNTs as suggested by Ding.
Regarding Claim 9, He in view of Ding discloses the battery of claim 6 (see e.g. claim 6 rejection above).
He does not disclose that that the plurality of nanoparticles comprises silver nanoparticles, gold nanoparticles, aluminum nanoparticles, aluminum oxide nanoparticles, or combinations thereof.
Ding, however, discloses that the plurality of nanoparticles comprises of gold nanoparticles (see e.g., "MWNT/gold nanoparticle composite" in Abstract of Ding).
Ding also teaches that the amino-functionalized MWNT/gold nanoparticle composite preserve the intrinsic electronic properties of MWNTs, unlike composites prepared with polyelectrolytes, which can alter conductivity; this makes this specific amino-functionalized MWNT/gold nanoparticle composite more advantageous for electronic application, such as batteries (see e.g. MWNT/gold nanoparticle composites section and Conclusion section of Ding). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carbon nanotube of He et al. such that the carbon nanotubes have nanoparticles comprises of gold nanoparticles as taught by Ding et al. in order to preserve the intrinsic electronic properties of MWNTs as suggested by Ding.
Regarding Claim 11, He in view of Ding discloses the battery of claim 6 (see e.g. claim 6 rejection above).
He further discloses that he piezoelectric polymer comprises polyvinylidene difluoride, polydimethylsiloxane, or combinations thereof (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-conducting polymer selected from... poly(vinylidene fluoride) (PVDF)... polydimethylsiloxane" in paragraph [0038]), and the doping molecule comprises poly(methyl methacrylate) (PMMA) (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-conducting polymer selected from... poly(methyl methacrylate) (PMMA)" in paragraph [0038]). Regarding Claim 12, He discloses a battery (see e.g. "lithium-sulfur battery" in paragraph [0018] and FIG. 2), comprising:
a negative electrode current collector (see e.g. "anode current collector" in paragraph [0019] and FIG. 2);
a nanocomposite layer in contact with the negative electrode (see e.g. " a discrete anode-protecting layer disposed between the anode active material layer and the porous separator "and "the anode-protecting layer or cathode-protecting layer comprises a conductive sulfonated elastomer composite" in paragraph [0019] and FIG. 2), wherein the nanocomposite layer comprises:
a carbon nanotube material (see e.g. "the conductive reinforcement material is selected from... carbon nanotubes); and
a lithium salt polymer composite (see e.g. "lithium ion-conducting additive" in paragraph [0035]) wrapping the carbon nanotube composite material (see e.g. paragraph [0141]).
While He discloses that the carbon nanotubes are mixed with the polymer electrolyte and the instant application claims wrapping, it appears that mixing meets the definition of wrapping based on the disclosure. Because there is no description as to what wrapping is in the specification under the broadest reasonable interpretation consistent with the specification, the claimed “wrapping” encompasses the mixing or embedding of CNTs within a polymer composite matrix as disclosed by He.
He further discloses that the lithium salt polymer composite comprises a first polymer (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-conducting polymer selected from... poly(vinylidene fluoride) (PVDF)" in paragraph [0038]), a second polymer (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-conducting polymer selected from... poly(methyl methacrylate) (PMMA)" in paragraph [0038]), and a lithium salt (see e.g. "lithium salts" in paragraph [0036]), wherein the first polymer is a piezoelectric polymer (see e.g. "poly(vinylidene fluoride) (PVDF)" in paragraph [0038]), the second polymer is a doping molecule that is miscible with the first polymer (see e.g. poly(methyl methacrylate) (PMMA)" in paragraph [0038]).
He does not explicitly disclose that the second polymer is configured to change a crystal structure of the first polymer, however, it is well known in the art that blending PMMA with PVDF alters the crystalline phase of PVDF (see e.g. paragraphs [0036]-[0037] of the instant specification). Therefore the PMMA of He would inherently modify the crystal structure of PVDF.
He further discloses a solid-state electrolyte (see e.g. "The electrolyte for an alkali metal-sulfur cell may be... solid-state electrolyte" in paragraph [0117]) disposed on the nanocomposite layer (see e.g. "separator is not required where a solid state electrolyte is used, for instance" in paragraph [0071] and FIG. 2);
a positive electrode disposed on the solid-state electrolyte (see e.g. "cathode active material layer" in paragraph [0019] and FIG. 2); and
a positive electrode current collector disposed on the positive electrode (see e.g. "cathode current collector" in paragraph [0019] and FIG. 2).
He does not disclose that the carbon nanotube composite material comprises a surface-modified carbon nanotube with a positively charged group and a plurality of nanoparticles with a negatively charged group, wherein the plurality of nanoparticles are attached to the surface-modified carbon nanotube, and a surface of the surface-modified carbon nanotube has a NH(CH2)2-NH3+ group or a NH3+ group.
Ding, however, in the same field of endeavor, nano materials for electrical applications, discloses a carbon nanotube composite material (see e.g. "MWNT/gold nanoparticle composite" in Abstract of Ding) comprising a surface-modified carbon nanotube with a positively charged group (see e.g. " amino-functionalized MWNT" in Abstract and "Amino-functionalization of MWNT with ethylenediamine" on page 209 of Ding) and a plurality of nanoparticles with a negatively charged group, wherein the plurality of nanoparticles are attached to the surface-modified carbon nanotube (see e.g. "MWNT/gold nanoparticle composites were formed when the amino-functionalized MWNT was interacted with gold colloids" in Abstract and "Negatively charged gold nanoparticles were anchored on the sur-face of the amino-functionalized MWNT." in Introduction of Ding) and a surface of the surface-modified carbon nanotube has a ethylenediamine group (see e.g. "Amino-functionalization of MWNT with ethylenediamine" on page 209 of Ding). Ethylenediamine has the chemical formula NH(CH2)2-NH2, however, Ding also discloses that the amino functionalized carbon nanotubes are dispersed in water (see e.g. "The amino-functionalized MWNT can be easily dispersed in deionized water to form stable suspensions. " on page 209 paragraph starting with "FTIR spectra" of Ding). When dispersed in water ethylenediamine is easily protonated and when protonated become NH(CH2)2-NH3+ which is the same species as what is claimed by the instant application.
Ding also teaches that the amino-functionalized MWNT/gold nanoparticle composite preserves the intrinsic electronic properties of MWNTs, unlike composites prepared with polyelectrolytes, which can alter conductivity; this makes this specific amino-functionalized MWNT/gold nanoparticle composite more advantageous for electronic application, such as batteries (see e.g. MWNT/gold nanoparticle composites section and Conclusion section of Ding). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carbon nanotube of He et al. such that they include the surface modified carbon nanotubes of Ding et al. in order to preserve the intrinsic electronic properties of MWNTs as suggested by Ding.
In regards to the battery being “anode-free” as defined in the specification, an “anode-free” battery is a battery without a negative electrode, and the nanocomposite layer is disposed on the negative electrode current collector. He discloses a negative electrode current collector and an elastic, conformal sulfonated elastomer composite layer capable of maintaining contact with the current collector even as lithium metal thickness varies or is absent (see e.g. paragraphs [0041], [0058], [0093]). Specifically, He teaches that the sulfonated elastomer composite layer can expand or shrink congruently with the anode layer or lithium foil/coating layer, and can maintain continuous contact with the current collector even in the absence of a lithium metal anode, thereby enabling lithium ion deposition and preserving functionality of the battery. Therefore, a person of ordinary skill in the art would have recognized that He inherently teaches the configuration of a nanocomposite layer disposed on a current collector in an anode-free arrangement.
Regarding Claim 13, He in view of Ding discloses the battery of claim 12 (see e.g. claim 12 rejection above).
He does not disclose that a surface of the surface-modified carbon nanotube has an amido group.
Ding, however, discloses that the surface of the surface modified carbon nanotube is amino functionalized (see e.g., "the amino-functionalized MWNT" in Abstract of Ding). Ding also discloses the presence of O-C=O (carboxylic acid) and the presence of amide carbonyl groups in the amino-functionalized MWNTs (see e.g. "These results further confirmed the presence of the amide carbonyl group." in FTIR analysis section page 209 and "was attributed to the presence of O—C＝O (carboxylic acid)." and "indicates the conversion of the COOH groups to CONH groups" in the XPS analysis Section page 210 of Ding). In this case Ding discloses that the carbon nanotubes have amido groups present.
Ding also teaches that the amino-functionalized MWNT/gold nanoparticle composite preserve the intrinsic electronic properties of MWNTs, unlike composites prepared with polyelectrolytes, which can alter conductivity; this makes this specific amino-functionalized MWNT/gold nanoparticle composite more advantageous for electronic application, such as batteries (see e.g. MWNT/gold nanoparticle composites section and Conclusion section of Ding). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carbon nanotube of He et al. such that they include the surface modified carbon nanotube having an amido group as taught by Ding et al. in order to preserve the intrinsic electronic properties of MWNTs as suggested by Ding.
Regarding Claim 14, He in view of Ding discloses the battery of claim 12 (see e.g. claim 12 rejection above).
He does not disclose that that the plurality of nanoparticles comprises silver nanoparticles, gold nanoparticles, aluminum nanoparticles, aluminum oxide nanoparticles, or combinations thereof.
Ding, however, discloses that the plurality of nanoparticles comprises of gold nanoparticles (see e.g., "MWNT/gold nanoparticle composite" in Abstract of Ding).
Ding also teaches that the amino-functionalized MWNT/gold nanoparticle composite preserve the intrinsic electronic properties of MWNTs, unlike composites prepared with polyelectrolytes, which can alter conductivity; this makes this specific amino-functionalized MWNT/gold nanoparticle composite more advantageous for electronic application, such as batteries (see e.g. MWNT/gold nanoparticle composites section and Conclusion section of Ding). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the carbon nanotube of He et al. such that the carbon nanotubes have nanoparticles comprises of gold nanoparticles as taught by Ding et al. in order to preserve the intrinsic electronic properties of MWNTs as suggested by Ding.
Regarding Claim 16, He in view of Ding discloses the battery of claim 12 (see e.g. claim 12 rejection above).
He further discloses that he piezoelectric polymer comprises polyvinylidene difluoride,
polydimethylsiloxane, or combinations thereof (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-conducting polymer selected from... poly(vinylidene fluoride) (PVDF)... polydimethylsiloxane" in paragraph [0038]), and the doping molecule comprises poly(methyl methacrylate) (PMMA) (see e.g. "the sulfonated elastomer matrix forms a mixture or blend with a lithium ion-conducting polymer selected from... poly(methyl methacrylate) (PMMA)" in paragraph [0038]).
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over He et al. (US-20200028178-A1) in view of Ding et al. ( Preparation of Amino-functionalized Multiwall Carbon Nanotube/Gold Nanoparticle Composites, 02 March 2010, Chinese Journal of Chemistry, Volume 28) as applied to claims 6 and 12 above, and further in view of Chinh et al. (Synthesis of Gold Nanoparticles Decorated with Multiwalled Carbon Nanotubes (Au-MWCNTs) via Cysteaminium Chloride Functionalization, 05 April 2019, Nature Scientific Reports, Volume 9).
Regarding Claim 10, He in view of Ding discloses the battery of claim 6 (see e.g. claim 6 rejection above).
He does not disclose that the plurality of nanoparticles has an average particle size of about 10 to 120 nm.
Ding, however, discloses a plurality of nanoparticles with a particle size of less than 50 nm (see e.g. FIG. 3 of Ding).
Ding does not explicitly disclose an average particle size of 10 to 120 nm, the TEM image with a scale bar provides a visual representation of the gold nanoparticles, demonstrating that they are less than 50 nm.
Furthermore, Chinh, which is in the same field of endeavor as Ding and relates to the synthesis of gold nanoparticles on multiwalled carbon nanotubes (MWCNTs), discloses a method of synthesizing gold nanoparticles with a particle size distribution in the range of 15-35 nm (see e.g. “the gold NPs are spheroidal and particle size distribution ranges mainly in the order of 15–35 nm” in the Synthesis of AuNPs Decorated CNTs section, paragraph starting with “To prepare” on page 7, and FIG. 8 on page 6 of Chinh).
Chinh discloses a range that lies within the claimed range of the instant application. In cases where the prior art discloses a range that falls within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05(I).
Additionally, Chinh teaches that synthesizing gold nanoparticles within a particle size range of 15-35 nm allows for chemical linkage to MWCNTs without the use of hazardous chemicals, providing a safer and more practical approach for manufacturing carbon nanotube composites for battery applications (see e.g. Conclusion of Chinh). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the nanoparticles of He in view of Ding such that the nanoparticles have an average particle size of 15-35 nm as taught by Chinh et al. in order to synthesize these particles without the use of hazardous chemicals, providing a safer more practical approach for manufacturing carbon nanotube composites as suggested by Chinh. Regarding Claim 15, He in view of Ding discloses the battery of claim 12 (see e.g. claim 12 rejection above).
He does not disclose that the plurality of nanoparticles has an average particle size of about 10 to 120 nm.
Ding, however, discloses a plurality of nanoparticles with a particle size of less than 50 nm (see e.g. FIG. 3 of Ding).
Ding does not explicitly disclose an average particle size of 10 to 120 nm, the TEM image with a scale bar provides a visual representation of the gold nanoparticles, demonstrating that they are less than 50 nm.
Furthermore, Chinh, which is in the same field of endeavor as Ding and relates to the synthesis of gold nanoparticles on multiwalled carbon nanotubes (MWCNTs), discloses a method of synthesizing gold nanoparticles with a particle size distribution in the range of 15-35 nm (see e.g. “the gold NPs are spheroidal and particle size distribution ranges mainly in the order of 15–35 nm” in the Synthesis of AuNPs Decorated CNTs section, paragraph starting with “To prepare” on page 7, and FIG. 8 on page 6 of Chinh).
Chinh discloses a range that lies within the claimed range of the instant application. In cases where the prior art discloses a range that falls within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05(I).
Additionally, Chinh teaches that synthesizing gold nanoparticles within a particle size range of 15-35 nm allows for chemical linkage to MWCNTs without the use of hazardous chemicals, providing a safer and more practical approach for manufacturing carbon nanotube composites for battery applications (see e.g. Conclusion of Chinh). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the nanoparticles of He in view of Ding such that the nanoparticles have an average particle size of 15-35 nm as taught by Chinh et al. in order to synthesize these particles without the use of hazardous chemicals, providing a safer more practical approach for manufacturing carbon nanotube composites as suggested by Chinh.
Conclusion
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/J.J.E./ Examiner, Art Unit 1723
/TONG GUO/ Supervisory Patent Examiner, Art Unit 1723