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 independent claim 1; and canceled claims 2 and 12. The pending claims are claims 1, 3-11, 13-16.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/29/2025 has been entered.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 3-11, 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eitouni et al., US 2017/0033400.
Regarding claim 1, Eitouni et al., teaches an electrolyte (0021) for a lithium-sulfur battery (abstract) comprising a lithium salt (0021); and a non-aqueous organic solvent (0080); containing an additive, wherein the additive comprises an alkyl vinyl ether compound (0032-0033), represented by Formula 1: [Formula 1]
PNG
media_image1.png
17
118
media_image1.png
Greyscale
wherein R is an alkyl group having 1 to 10 carbon atoms (0085; 0087; 0095).
Eitouni does not teach alkyl vinyl ether in amount of 10% by wt based on a total of 100% by wt of electrolyte for lithium sulfur battery.
However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 3, Eitouni et al., teaches wherein the alkyl vinyl ether compound comprises at least one selected from the group consisting of butyl vinyl ether (0033; 0068).
Regarding claim 4, Eitouni et al., teaches wherein the alkyl vinyl ether compound has the effect of improving the efficiency and stability of the negative electrode (0006) comprised in the lithium-sulfur battery (0060; 0070-0071).
Regarding claim 5, Eitouni et al., teaches wherein the non- aqueous organic solvent (0080) comprises an ether-based compound (0025; 0033) and a heterocyclic compound (0035), said heterocyclic compound including one or more double bonds (0090).
Regarding claim 6, Eitouni et al., teaches wherein the ether-based compound comprises a linear ether compound (0027; 0062; 0086).
Regarding 7, Eitouni et al., teaches wherein the linear ether compound comprises at least one selected from the group consisting of butyl vinyl ether (0033; 0068); polyvinyl ether (0086).
Regarding claim 8, Eitouni et al., teaches wherein the heterocyclic compound includes at least one hetero atom selected from the group consisting of a sulfur atom (0075).
Regarding claim 9, Eitouni et al., teaches wherein the heterocyclic compound comprises at least one selected from the group consisting of thiophene (0030).
Regarding claim 10, Eitouni et al., does not teach wherein the non- aqueous organic solvent comprises the ether-based compound and the heterocyclic compound in a volume ratio of 95:5 to 5:95.
However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 11, Eitouni et al., teaches wherein the lithium salt comprises at least one selected from the group consisting of LiBF4, LiPF6 (0049: 0066).
Regarding claim 13, Eitouni et al., teaches a lithium-sulfur battery (abstract; 0038) comprising a positive electrode comprising a positive electrode active material (0038; 0043); a negative electrode comprising a negative electrode active material (0021); and an electrolyte (0021-0023) according to claim 1.
Regarding claim 14, Eitouni et al., teaches wherein the positive electrode active material comprises at least one selected from the group consisting of elemental sulfur (abstract; 0023; 0073) and a sulfur compound (0029; 0073-0074).
Regarding claim 15, Eitouni et al., teaches wherein the positive electrode active material comprises at least one selected from the group consisting of organic sulfur compound (0091).
Regarding claim 16, Eitouni et al., teaches wherein the negative electrode active material (0021; 0043) comprises at least one selected from the group consisting of lithium metal (0021; 0038) and lithium alloy (0038).
Response to Arguments
Applicant's arguments filed 8/29/2025 have been fully considered but they are not persuasive.
The Applicant argues that “the alkyl vinyl ether compound of Eitouni is merely a component constituting some blocks of a block copolymer (polymer electrolyte) included in the positive electrode.”
However, Eitouni teaches a lithium sulfur battery (abstract) comprising an alkyl vinyl ether compound as seen in paragraphs 0084-0088, and in a polymer electrolyte (0021-0038).
The Applicant argues that the “invention does not recite polymers, but rather recites an additive, which is an alkyl vinyl ether compound.”
However, Eitouni teaches additives in the electrode as well:
“[0071] Other additives can be used in the polymer electrolytes described herein. For example, additives that help with overcharge protection, provide stable SEI (solid electrolyte interface) layers, and/or improve electrochemical stability can be used. Such
additives are well known to people with ordinary skill in the art. Additives that make the polymers easier to process, such as plasticizers, can also be used.”
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727