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 .
Response to Amendment
Applicant’s amendment filed 03/19/2026 has been entered. Claims 1-14 and 16-20 are currently pending. Claims 1-13 are withdrawn. Claims 14 and 19 are amended. Claim 15 is cancelled. Support for the amended claims is found in paragraphs 0015-0018 of the instant specification.
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.
Claims 14, 16-17 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20150155566 A1).
Regarding claim 14, Kim discloses a lithium-air battery comprising: an anode containing a negative-electrode active material; a cathode using oxygen as a positive-electrode active material; and an electrolyte arranged between the anode and the cathode (paragraphs 0127-0132, figure 1), wherein the cathode contains a fluorinated anion salt of a polycationic polymer containing repeating units represented by formula(1) wherein, in the formula (1), N+ is a nitrogen atom constituting a quaternary ammonium cation, R1 and R2 being each independently a substituent containing a carbon atom bonded to the nitrogen atom (paragraphs 0082-0094, formula 1a), wherein the fluorinated anion salt of the polycationic polymer comprises, as fluorinated counterion to the polycationic polymer, an imide anion having one of the following structures:
PNG
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108
194
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Greyscale
(paragraph 0089, (C2F5SO2)2N-), or an imide anion of formula (3): wherein n = 0, 1, or 2 (paragraphs 0086-0094, anion may be (CF3SO2)2N-, (C2F5SO2)2N-, equivalent to n = 1, 2).
Regarding claim 16, Kim discloses the limitations of claim 14. Kim further discloses that the cathode contains carbon (paragraphs 0162-0165).
Regarding claim 17, Kim discloses the limitations of claim 16. Kim further discloses that the carbon is one or more types selected from the group consisting of: carbon black, graphite, and activated carbon (paragraphs 0162-0165).
Regarding claim 19, Kim discloses the limitations of claim 14. Kim further discloses that a liquid part of the electrolyte contains one or more aprotic organic solvents chosen from the group consisting of: cyclic carbonates, chain carbonates, cyclic esters, cyclic ethers, chain ethers, and nitriles (paragraphs 0150-157).
Regarding claim 20, Kim discloses the limitations of claim 14. Kim further discloses that the electrolyte contains a lithium salt selected from the group consisting of LiClO4 and LiPF6 (paragraphs 0149).
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20150155566 A1) in view of Moriishi et al. (US 20180358673 A1).
Regarding claim 18, Kim discloses the limitations of claim 16. Kim does not explicitly disclose that the carbon shows one, two or three of the following characteristics: a specific surface area of between 20 and 2000 m2/g; and/or a pore diameter of 5 nm or more; and/or an average primary particle diameter of 8 to 350 nm.
Moriishi discloses a lithium air battery comprising: a negative electrode, a positive electrode configured to use oxygen in air as a positive electrode active material; and a nonaqueous lithium ion conductor disposed between the negative electrode and the positive electrode, wherein the positive electrode contains carbon (Moriishi paragraphs 0005, 0027). Moriishi further discloses that the carbon material has a specific surface area of 800 to 2,000 m2/g. The reference teaches that hen the specific surface area of the carbon material is in the range as described above, the positive electrode layer can be easily formed to have a pore structure (Moriishi paragraph 0032). Moriishi and Kim are analogous because they both disclose lithium air batteries with carbon included in the cathode.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Kim to have the specific surface area of the carbon material in the range disclosed by Moriishi. Doing so would allow the positive electrode layer to be easily formed to have a pore structure.
Response to Arguments
Applicant's arguments filed 03/19/2026 have been fully considered but they are not persuasive.
Applicant argues that Kim fails to teach the fluorinated anion salt of formula (3) and fails to disclose a fluorinated anion salt. However, Kim discloses salts of the formula (CF3SO2)2N- and (C2F5SO2)2N-, meeting the claimed formula when n=1 or n=2. The fragment of F-(CF2) in the claimed formula when n=1 is equivalent to CF3 in the (CF3SO2)2N- disclosed by Kim, and the fragment F-(CF2)2 when n=2 is equivalent to the C2F5 of the (C2F5SO2)2N disclosed by Kim. Therefore, Kim does in fact teach a fluorinated anion salt according to formula (3) of the claimed invention, with the disclosed compositions being identical to the claimed formula when n=1 or n=2.
Applicant asserts that claim 18 is distinguishable over Kim and Moriishi as it recites “a pore diameter of 5 nm or more” or “an average primary particle diameter of 8 to 350 nm”. However, Moriishi renders the claimed range of specific surface area of claim 18 obvious. Applicant is reminded that the claim language requires one, two, or three of the recited characteristics. The specific surface area being rendered obvious in view of Kim and Moriishi therefore renders the claim obvious.
Conclusion
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.
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/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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