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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12 March 2026 has been entered.
Status of Claims and Other Notes
Claims 1–20 are pending.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0151211 A1.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement (e.g., [0006]–[0008], [0130], [0145], [0147], [0153], [0154], [0156]. [0159], [0162], [0168], [0169], [0173], [0175]–[0177], [0179], [0180], [0182]–[0185], [0190], [0196], [0208], [0210], [0223], [0225], [0226], [0230], [0234]–[0236], [0240], [0246], [0247], [0250], [0251], [0254], [0256], [0257], [0259], [0260]). 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: POLYMER BLEND OF p5PhTFSI AND POLYSOLVENT, ELECTROLYTE, BATTERY, AND METHOD OF FORMING THE SAME.
Claim Rejections - 35 USC § 112
Claim 6 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.
Claim 6 recites the limitation "wherein R1-R10 are independently selected from the group consisting of hydrogen, a substituent of formula (a), a substituent of formula (b), and a monovalent C1-C10 hydrocarbyl." Claim 1, which claim 6 is directly dependent, recites the limitations "the polymer comprising a repeat unit according to formula (A) …
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A) … wherein each repeat unit of formula (A) includes at least one substituent of formula (a)." Claim 6 does not recite the limitation "wherein at least one of R1-R5 is the substituent of formula (a)," which was previously recited. It is unclear if the repeat unit of formula (B) includes at least one substituent of formula (a). Both formula (A) and formula (B) include R1-R5 and claim 6 defines R1-R5 but does not require at least one of R1-R5 to be a substituent of formula (a) as previously recited. Therefore, it unclear if the repeat unit of formula (B) includes at least one substituent of formula (a).
Claim Rejections - 35 USC § 103
Claims 1–5, 7, 8, 10–14, and 17–20 are rejected under 35 U.S.C. 103 as being unpatentable over Martinez-Ibañez et al. (Unprecedented Improvement of Single Li-Ion Conductive Solid Polymer Electrolyte Through Salt Additive, hereinafter Martinez) in view of Kendrick et al. (Precision Polyelectrolytes with Phenylsulfonic Acid Branches at Every Five Carbons, hereinafter Kendrick).
Regarding claim 1, Martinez discloses a composition comprising:
a polymer blend comprising a polysolvent and a polymer (FIG. 2, P7/C2/L13–22),
wherein a weight ratio of the polysolvent to the polymer in the polymer blend is about 10:90 to about 90:10 (TABLE S2, P7/C2/L13–22);
the polymer comprising a repeat unit according to formula (A) (FIG. 2, P7/C2/L13–22);
PNG
media_image2.png
305
247
media_image2.png
Greyscale
formula (A) (FIG. 2, P7/C2/L13–22)
wherein R1-R5 are independently selected from the group consisting of hydrogen, a substituent of formula (a), and a monovalent C1-C10 hydrocarbyl (FIG. 2, P7/C2/L13–22);
wherein each repeat unit of formula (A) includes at least one substituent of formula (a) (FIG. 2, P7/C2/L13–22)
PNG
media_image3.png
313
825
media_image3.png
Greyscale
(FIG. 2, P7/C2/L13–22)
wherein R' is a halogenated C1-C5 hydrocarbyl (FIG. 2, P7/C2/L13–22); and
wherein n is 1 to 5,000 (FIG. 2, P7/C2/L1–12).
Martinez does not explicitly disclose:
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A)
Kendrick discloses a polymer comprising a repeat unit according to formula (A)
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A) (FIG. 1, P2/C2/L19–P3/C2/L3) to enhance the flexibility of the polymer (P6/C2/L4–20). Martinez and Kendrick are analogous because they are directed to polyelectrolytes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the formula (A) of Martinez with the p5Ph of Kendrick to enhance the flexibility of the polymer.
Regarding claim 2, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polymer blend is a miscible polymer blend (FIG. 2, P6/C1/L25/C2/L9).
Regarding claim 3, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein R3 is the substituent of formula (a) (FIG. 2, P7/C2/L13–22), and
R1, R2, R4, and R5 are hydrogen (FIG. 2, P7/C2/L13–22).
Regarding claim 4, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein R' is a perhalogenated C1-C5 hydrocarbyl (FIG. 2, P7/C2/L13–22).
Regarding claim 5, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein R' is a trifluoromethyl, and the substituent of formula (a) has the following structure (FIG. 2, P7/C2/L13–22):
PNG
media_image4.png
287
284
media_image4.png
Greyscale
(FIG. 2, P7/C2/L13–22).
Regarding claim 7, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polymer has a degree of substitution of the substituent of formula (a) of about 1% to about 125% (FIG. 2, P7/C1/L3–C2/L22).
Regarding claim 8, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polymer has a degree of substitution of the substituent of formula (a) of about 80% to about 120% (FIG. 2, P7/C1/L3–C2/L22).
Regarding claim 11, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the cation of the substituent of formula (a) comprises lithium (FIG. 2, P7/C1/L3–C2/L22).
Regarding claim 12, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polymer is a homopolymer (FIG. 2, P7/C1/L3–C2/L22).
Regarding claim 13, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polysolvent has a glass transition temperature (Tg) of -40° C. or less (see PEO, P7/C1/L3–C2/L22).
Regarding claim 14, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polysolvent comprises a poly(alkylene oxide) (see PEO, P7/C1/L3–C2/L22).
Regarding claim 17, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polymer blend is in the form of a film (FIG. 2, P7/C1/L3–C2/L22).
Regarding claim 18, Martinez discloses a device comprising a composition, wherein the device is a lithium-ion battery (FIG. 2, P7/C1/L3-P8/C2/L6), wherein the composition comprises:
a polymer blend comprising a polysolvent and a polymer (FIG. 2, P7/C2/L13–22),
wherein a weight ratio of the polysolvent to the polymer in the polymer blend is about 10:90 to about 90:10 (TABLE S2, P7/C2/L13–22);
the polymer comprising a repeat unit according to formula (A) (FIG. 2, P7/C2/L13–22);
PNG
media_image2.png
305
247
media_image2.png
Greyscale
formula (A) (FIG. 2, P7/C2/L13–22)
wherein R1-R5 are independently selected from the group consisting of hydrogen, a substituent of formula (a), and a monovalent C1-C10 hydrocarbyl (FIG. 2, P7/C2/L13–22);
wherein each repeat unit of formula (A) includes at least one substituent of formula (a) (FIG. 2, P7/C2/L13–22)
PNG
media_image3.png
313
825
media_image3.png
Greyscale
(FIG. 2, P7/C2/L13–22)
wherein R' is a halogenated C1-C5 hydrocarbyl (FIG. 2, P7/C2/L13–22); and
wherein n is 1 to 5,000 (FIG. 2, P7/C2/L1–12).
Martinez does not explicitly disclose:
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A)
Kendrick discloses a polymer comprising a repeat unit according to formula (A)
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A) (FIG. 1, P2/C2/L19–P3/C2/L3) to enhance the flexibility of the polymer (P6/C2/L4–20). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the formula (A) of Martinez with the p5Ph of Kendrick to enhance the flexibility of the polymer.
Regarding claim 20, Martinez discloses a method of forming a composition, the method comprising:
dissolving a polysolvent and a polymer comprising a repeat unit according to formula (A) in a solvent to form a mixture (FIG. 2, P7/C1/L3–C2/L22); and
removing at least a portion of the solvent to form a polymer blend (FIG. 2, P7/C1/L3–C2/L22);
wherein a weight ratio of the polysolvent to the polymer comprising the repeat unit according to formula (A) in the solvent is about 10:90 to about 90:10 (TABLE S2, P7/C2/L13–22);
PNG
media_image2.png
305
247
media_image2.png
Greyscale
formula (A) (FIG. 2, P7/C2/L13–22)
wherein R1-R5 are independently selected from the group consisting of hydrogen, a substituent of formula (a), and a monovalent C1-C10 hydrocarbyl (FIG. 2, P7/C2/L13–22);
wherein each repeat unit of formula (A) includes at least one substituent of formula (a) (FIG. 2, P7/C2/L13–22)
PNG
media_image3.png
313
825
media_image3.png
Greyscale
(FIG. 2, P7/C2/L13–22)
wherein R' is a halogenated C1-C5 hydrocarbyl (FIG. 2, P7/C2/L13–22); and
wherein n is 1 to 5,000 (FIG. 2, P7/C2/L1–12).
Martinez does not explicitly disclose:
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A)
Kendrick discloses a polymer comprising a repeat unit according to formula (A)
PNG
media_image1.png
320
362
media_image1.png
Greyscale
formula (A) (FIG. 1, P2/C2/L19–P3/C2/L3) to enhance the flexibility of the polymer (P6/C2/L4–20). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the formula (A) of Martinez with the p5Ph of Kendrick to enhance the flexibility of the polymer.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Martinez (Unprecedented Improvement of Single Li-Ion Conductive Solid Polymer Electrolyte Through Salt Additive) in view of Kendrick (Precision Polyelectrolytes with Phenylsulfonic Acid Branches at Every Five Carbons) as applied to claim 1 above, and further in view of Zhong et al. (Ultrahigh Li-ion conductive single-ion polymer electrolyte containing fluorinated polysulfonamide for quasi-solid-state Li-ion batteries, hereinafter Zhong).
Regarding claim 6, modified Martinez discloses all the claim limitations as set forth above and further discloses a composition:
wherein the polymer comprises repeat units according to formula (B) (FIG. 2, P7/C2/L13–22):
PNG
media_image5.png
493
786
media_image5.png
Greyscale
formula (B) (FIG. 2, P7/C2/L13–22)
wherein R1-R10 are independently selected from the group consisting of hydrogen, a substituent of formula (a), a substituent of formula (b), and a monovalent C1-C10 hydrocarbyl (FIG. 2, P7/C2/L13–22);
PNG
media_image6.png
551
825
media_image6.png
Greyscale
(FIG. 2, P7/C2/L13–22)
wherein R' is a halogenated C1-C5 hydrocarbyl (FIG. 2, P7/C2/L13–22), and
wherein n is 1 to 5,000 (FIG. 2, P7/C2/L13–22).
Martinez does not explicitly disclose:
PNG
media_image7.png
315
501
media_image7.png
Greyscale
formula (B).
Kendrick discloses a polymer comprising a repeat unit according to formula (A)
PNG
media_image7.png
315
501
media_image7.png
Greyscale
formula (B) (FIG. 1, P2/C2/L19–P3/C2/L3) to enhance the flexibility of the polymer (P6/C2/L4–20). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the formula (B) of Martinez with the p5Ph of Kendrick to enhance the flexibility of the polymer.
Further modified Martinez does not explicitly disclose:
X is a halogen, and
m is 1 to 10,000.
Zhong discloses a composition comprising a polymer comprises repeat units according to formula (B) (SCHEME 3, §2.2): (SCHEME 3, §2.2), wherein R1-R10 are independently selected from the group consisting of hydrogen, a substituent of formula (a), a substituent of formula (b), and a monovalent C1-C10 hydrocarbyl (SCHEME 3, §2.2);
PNG
media_image6.png
551
825
media_image6.png
Greyscale
(SCHEME 3, §2.2) X is a halogen (SCHEME 3, §2.2); wherein at least one of R1-R5 is the substituent of formula (a) (SCHEME 3, §2.2), and wherein m is 1 to 10,000 (SCHEME 3, §2.2) to improve the ionic conductivity and electrochemical performance (see LFPP@PVDF SIPE, §4). Martinez and Zhong are analogous because they are directed to polyelectrolytes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to modify the polymer of modified Martinez to include a substituent of formula (b) of Zhong in order to improve the ionic conductivity and electrochemical performance.
Claims 9, 15, and 16 is rejected under 35 U.S.C. 103 as being unpatentable over Martinez (Unprecedented Improvement of Single Li-Ion Conductive Solid Polymer Electrolyte Through Salt Additive) in view of Kendrick (Precision Polyelectrolytes with Phenylsulfonic Acid Branches at Every Five Carbons) as applied to claim 1 above, and further in view of Mei et al. (CN 111019036 A1, hereinafter Mei).
Regarding claims 9, 15, and 16, modified Martinez discloses all the claim limitations as set forth above, but does not explicitly disclose a composition
wherein the polymer is at least partially cross-linked (see PSTFSILi, [0053]);
wherein the polysolvent has a number average molecular weight (Mn) of about 1,000 g/mol to about 30,000 g/mol (see polyethylene glycol dimethyl ether, [0053]); and
wherein the polysolvent has a number average molecular weight (Mn) of about 500 g/mol to about 2,000 g/mol (see polyethylene glycol dimethyl ether, [0053]).
Mei discloses all the claim limitations as set forth above and further discloses a composition comprising a polymer is at least partially cross-linked (see PSTFSILi, [0053]) and a polysolvent has a number average molecular weight (Mn) of about 1,000 g/mol to about 30,000 g/mol (see polyethylene glycol dimethyl ether, [0053]), wherein the polysolvent has a number average molecular weight (Mn) of about 500 g/mol to about 2,000 g/mol (see polyethylene glycol dimethyl ether, [0053]) to improve the strength, rigidity, and conductivity of the membrane (see this system, [0014]). Martinez and Mei are analogous because they are directed to polyelectrolytes. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to crosslink the polymer of modified Martinez and use the molecular weight of the polysolvent as taught by Mei in order to improve the strength, rigidity, and conductivity of the membrane.
Response to Arguments
Applicant’s arguments with respect to claims 1–20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kieber (Viscoelastic, Mechanical, and Glasstomeric Properties of Precision Polyolefins Containing a Phenyl Branch at Every Five Carbons) discloses phenyl side chains bonded to every fifth carbon atom of a polymer backbone (FIG. 1, TABLE 1); and
Paren (Percolated Ionic Aggregate Morphologies and Decoupled Ion Transport in Precise Sulfonated Polymers Synthesized by Ring-Opening Metathesis Polymerization) phenyl side chains bonded to every fifth carbon atom of a polymer backbone (FIG. 1, TABLE 1).
Paren (Fluorine-Free Precise Polymer Electrolyte for Efficient Proton Transport: Experiments and Simulations) phenyl side chains bonded to every fifth carbon atom of a polymer backbone (FIG. 1, P6042/C1/L4–22).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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, Basia A Ridley can be reached at (571)272-1453. 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.
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725