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 .
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu US20210218062A1 in view of Qian CN105304877A (using machine English translation) and further in view of West US20060269834A1.
Regarding claim 1, Xu discloses a lithium-sulfur battery (Xu, [0162], cathode comprises a carbon/sulfur composite, Fig. 2B battery 200), comprising:
a positive electrode (Xu, Fig. 2B, cathode 240), wherein the positive electrode comprises a sulfur-carbon composite as a positive electrode active material (Xu, [0162]) and
wherein the positive electrode comprises a positive electrode current collector (Xu, Fig. 2B, collector 260) and a positive electrode active material layer disposed on at least one surface of the positive electrode current collector (Xu, Fig. 2B, material 250, collector 260),
a negative electrode (Xu, Fig. 2B, anode 210),
a separator interposed therebetween (Xu, Fig. 2B, separator 270)
and an electrolyte solution (Xu, [0077]),
wherein the electrolyte solution comprises a lithium salt (Xu, [0077], lithium salt), an organic solvent (Xu, [0077], nonaqueous solvent), and an additive for the electrolyte solution (Xu, [0077], diluent), and wherein the electrolyte solution does not contain a dioxolane-based compound (Xu, [0135-0140]), the examiner notes that 1,3,-dioxolane is taught as one solvent which may be used, Xu discloses embodiments such as, for example, the nonaqueous solvent consists of DME (Xu, [0139]), satisfying the claim limitation,
wherein the additive for the electrolyte solution comprises bis (2,2,2-trifluoroethyl) ether (Xu, [0142]) and wherein the organic solvent comprises dimethoxyethane (Xu, [0139]). Xu however does not disclose wherein the positive electrode comprises an additive for the positive electrode, wherein the additive for the positive electrode comprises tellurium, and wherein the positive electrode active material layer comprises the positive electrode active material and tellurium, wherein tellurium is contained in an amount of 1 to 10% by weight based on a total of 100% by weight of the positive electrode active material layer, wherein the organic solvent comprises 2-methylfuran.
Qian teaches wherein the positive electrode comprises an additive for the positive electrode (Qian, [0028], “S1-x Mx /C (II)”), wherein the additive for the positive electrode comprises tellurium (Qian, [0028], “S1-x Mx /C (II)…M is any one or more of…Te”), and wherein the positive electrode active material layer comprises the positive electrode active material and tellurium (Qian, [0028], “S1-x Mx /C (II)…M is any one or more of…Te”), wherein tellurium is contained in an amount of 1 to 10% by weight based on a total of 100% by weight of the positive electrode active material layer (Qian, [0015], [0028], “S1-x Mx /C (II)…0 < x < 1…M can be one or more of…Te”), the examiner notes that when x = 0.01, falling in the range as disclosed by Qian (Qian, [0024]), tellurium is contained in an amount of about 4%, falling within the claimed range and satisfying the claim limitation. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the additive of Qian to Xu thereby improving electrochemical performance (Qian, [0009-0011]). Xu as modified by Qian does not teach wherein the organic solvent comprises 2-methylfuran.
West teaches wherein the organic solvent comprises 2-methylfuran (West, [0023]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product taught by Xu as modified by Qian wherein the organic solvent comprises 2-methylfuran, as taught by West, thereby improving operating cell voltage (West, [0025]).
Regarding claim 5, Xu as modified by Qian and West further teaches wherein bis (2,2,2-trifluoroethyl)ether is contained in an amount of 1 to 20% by volume based on a total of 100% by volume of the electrolyte solution (Xu, [0151], solvent to diluent molar ratio of 5, corresponding to about 1.25 vol% of BTFE as the lower end of the molar ratio). See MPEP § 2144.05.
Regarding claim 6, Xu as modified by Qian and West also teaches wherein the organic solvent comprises a cyclic ether (West, [0023]) and an acyclic ether (Xu, [0139]).
Regarding claim 7, Xu as modified by Qian and West additionally teaches wherein the cyclic ether comprises at least one selected from the group consisting of 2-methylfuran, tetrahydrofuran (West, [0023]).
Regarding claim 8, Xu as modified by Qian and West further teaches wherein the acyclic ether comprises at least one selected from the group consisting of dimethoxyethane, diethylene glycol dimethyl ether, triethylene glycol dimethyl ether, tetraethylene glycol dimethyl ether, (Xu, [0139]).
Regarding claim 10, Xu as modified by Qian and West additionally teaches wherein the lithium salt comprises at least one selected from the group consisting of LiCl, LiBr, LiI, LiClO4, LiBF4, LiC4BO8, LiPF6, LiAsF6, LiSbF6, LiN(SO2F)2, LiSCN, LiN(CF3SO2)2, LiCF3SO3 (Xu, [0006]).
Response to Arguments
Applicant's arguments filed 28 August 2026 have been fully considered but they are not persuasive.
Applicant argues that Qian does not teach tellurium as a distinct additive in the positive electrode active material layer alongside a sulfur-carbon composite and Qian discloses only a single doped composite having the formula Si1-xMx/C, in which M (which may be tellurium) partially substitutes for sulfur within the composite itself, which is fundamentally different from a sulfur-carbon composite active material combined with a separate tellurium additive as recited by claim 1. This is not persuasive as the claim recites “wherein the positive electrode active material layer comprises the positive electrode active material and tellurium” and there are no additional metes and bounds to distinguish the claimed invention over the prior art, as argued by applicant, and as satisfied by the teaching of Qian.
Applicant further argues unexpected results without providing sufficient examples both within and without the claimed range, as well as spanning the claimed range and further the cited examples are not shown to have a significance equal to or greater than the expected properties. See MPEP § 716.02.
Applicant additionally argues that because West does not bodily incorporate all of the claim limitations that it would not be obvious to the skilled artisan to combine without a reasonable expectation of success. This is not persuasive. West is considered analogous art as the reference is from the same field of endeavor as the claimed invention (even if it addresses a different problem) as West is directed toward the art of a secondary battery comprising positive and negative electrodes, a separator and an electrolyte solution (see West [0003], [0013] and [0016], for example).
In response to applicant's argument that West does not bodily incorporate all of the claim limitations, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsuoka US20140255796A1 (discloses a sulfur and tellurium containing positive electrode and electrolyte comprising dimethoxyethane).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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, Tiffany Legette can be reached at 571-270-7078. 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.
/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
