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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 12/10/2025 is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Specifically, it is unclear to the Examiner how overlapping elements in the M1 and M2 Markush groups can be depicted in the Formula (1) compound at different stoichiometries, for example, molybdenum (Mo). For purposes of examination, the claim is interpreted as requiring M1 and M2 to be different elements.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yun, H. et al., "A New Quasi-One-Dimensional Ternary Chalcogenide: Synthesis, Crystal Structure, and Electronic Structure of Nb1+xV1-xS5 (x=0.18)", INORGANIC CHEMISTRY, 2003, Vol. 42, No. 7, pp. 2253-2260.
As to Claim 1, Yun et al. discloses a vanadium sulfide with structure of Nb1+xV1-xS5 where x = 0.18 (Abstract) and the structure has monoclinic space group which the Examiner construes as a VS4 structures (chain structure as shown in Figs. 1 and 2 of Yun et al.). The M1 to V ratio is 1.4 and S to V ratio is 6.1 and foreign element in Nb.
As to Claim 2, Yun et al. is relied upon as discussed above in Claim 1.
As to Claims 3, Yun et al. is relied upon as discussed in Claim 1 where x = 1, z= 5 and M1 is Nb.
As to Claim 4, see discussion of Claim 1 above.
As to Claim 12, see discussion of Claim 1 and 2 above.
Claim(s) 2 and 12-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chuan-Zhu, H. et al., "First-principles study of doped cathode materials VS4 in magnesium ion batteries", JOURNAL OF ATOMIC AND MOLECULAR PHYSICS, 2021, Vol.38, No.1.
As to Claim 2, Chuan-Zhu et al. discloses the use of Mo doped vanadium sulfide for electrode materials in batteries wherein the Mo to vanadium ratio is 0.14 and the sulfur to vanadium ratio is 4.6.
As to Claim 12, see discussion of Claim 2 above where the prior art is equal to claimed Formula 1 when x = 1 and y = 0.125 and z = 4.
As to Claims 13 and 14, the Examiner notes that Chuan-Zhu et al. disclose the materials for use as electrodes in batteries and further notes that the claim language of Claims 5 and 6 i.e. “for a lithium ion secondary battery” is intended use and not given patentable weight to distinguish over the prior art disclosure.
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.
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.
Claim(s) 5-7 and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. above in view of Liu, Y. et al., "Vanadium sulfide based materials: synthesis, energy storage and conversion", JOURNAL OF MATERIALS CHEMISTRY A, 2020, Vol.8, No.40, pages 20781-20802 and Chuan-Zhu, H. et al., "First-principles study of doped cathode materials VS4 in magnesium ion batteries", JOURNAL OF ATOMIC AND MOLECULAR PHYSICS, 2021, Vol.38, No.1.
As to Claims 5-7 and 13-15, Yun et al. is relied upon as disclosed above, however, fails to disclose the doped vanadium sulfide compound as an electrode material, electrode or present in a lithium ion battery.
As to the difference, Liu et al., disclose the use of VS4 compounds for use as electrodes in lithium ion batteries (Section 4.2.3, pp. 20791-20792). Chuan-Zhu et al. further illustrates the use of transition metal doped VS4 compounds as electrodes in Mg ion batteries noting the dopant improves electrical characteristics (Abstract).
It would have been obvious to one of ordinary skill to utilize the materials of Yun et al. in electrode applications for lithium ion batteries as illustrated by Liu et al. and Chuan-Zhu et al. for the advantages of improved battery electrode performance.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chuan-Zhu et al. in view of Liu et al.
As to Claim 15, Chuan-Zhu fails to disclose the use of the vanadium sulfide material in a lithium battery electrode application.
As to the difference, Chuan-Zhu et al. further notes the use of transition metal doped VS4 compounds as electrodes in Mg ion batteries noting the dopant improves electrical characteristics (Abstract). Further Liu et al., disclose the use of VS4 compounds for use as electrodes in lithium ion batteries (Section 4.2.3, pp. 20791-20792).
It would have been obvious to one of ordinary skill to utilize the materials of Chuan-Zhu et al. in electrode applications for lithium ion batteries as illustrated by Liu et al. and Chuan-Zhu et al. suggest advantages of improved battery electrode performance.
Conclusion
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/J.P.T/Examiner, Art Unit 1762
/jt/ 1/9/2026
/MARK KOPEC/ Primary Examiner, Art Unit 1762