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: claims 1-8 and 11-19 and Species A: claim 6 in the reply filed on 1/8/2026 is acknowledged.
Specification
The disclosure is objected to because of the following informalities:
The use of the term Microtrac on line 2 of page 12, Belsorp on line 18 of page 12 and line 15 of page 29, Autosorb on line 4 page 13 and line 8 of page 16, and Quantachrom on line 4 of page 13, which are trade names or marks used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
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 1, 2, 4, 6, 8, 11-13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (High-rate lithium-sulfur batteries enabled via vanadium nitride nanoparticle/3D porous graphene through regulating the polysulfides transformation, Chemical Engineering Journal, Volume 398, 2020, 125432, ISSN 1385-8947, https://doi.org/10.1016/j.cej.2020.125432.).
Regarding claim 1, Li et al. teaches a carbon composite for an electrode of a battery (see e.g. VN/N-rGO based sulfur cathode in the abstract for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1), the carbon composite comprising:
a porous carbon material (see e.g. porous graphene in the title); and
vanadium nitride particles formed on a surface of the porous carbon material (see e.g. see forming process of Vanadium Nitride, the white spheres, on the surface of the reduced graphene oxide, the blue sheet, via vanadium oxide and graphene oxide in Fig. 1. and noted on page 2: column 1: paragraph 5: lines 1-4. Also, see the vanadium nitride green spheres on the surface of the reduced graphene oxide blue bar in Fig. 6g).
Regarding claim 2, Li et al. teaches the carbon composite according to claim 1, wherein an average particle size of the vanadium nitride particles is 200 nm or less (see e.g. the VN nanoparticles have an average size below 20 nm in the abstract).
Regarding claim 4, Li et al. teaches the carbon composite according to claim 1, wherein a pore volume of the carbon composite is 1.0 cm3/g or more (Li et al. teaches VN/N-rGO composite had a pore volume of 0.75 m3 g-1 while the 78S@VN/N-rGO had a pore volume of 0.02 m3 g-1 on page 2: column 2: paragraph 2: lines 5-8 which equates to 750,000 cm3 g-1 and 20,000 cm3 g-1 respectively).
Regarding claim 6, Li et al. teaches the carbon composite according to claim 1, wherein the porous carbon material comprises carbon nanotubes, reduced graphene oxide, or a mixture thereof (see e.g. rGO on page 2: column 1: paragraph 5: lines 1-4, otherwise known as reduced graphene oxide).
Regarding claim 8, Li et al. teaches the carbon composite according to claim 1, wherein a Raman peak intensity ratio, IG/1D, of the carbon composite is 2.0 or less, wherein IG is a peak intensity for a crystalline portion and ID is a peak intensity for a non-crystalline portion in a Raman spectrum (see e.g. Li et al. teaches a Raman scattering spectrum of 3D VN/N-rGO composite shows typical peaks of graphene (1355 and 1597 cm-1 for D-bad and G-band respectively) on page 2: column 1: paragraph 5: lines 12-14. This leads to an IG/ID ratio of 0.848).
Regarding claim 11, Li et al. teaches an electrode active material (see e.g. VN/N-rGO based sulfur cathodes with a catalytic effect in the abstract and in page 2: column 1: paragraphs 3-4) comprising the carbon composite according to claim 1 (see e.g. VN/N-rGO based sulfur cathode in the abstract for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title, and forming process of Vanadium Nitride, the white spheres, on the surface of the reduced graphene oxide, the blue sheet, via vanadium oxide and graphene oxide in Fig. 1. and noted on page 2: column 1: paragraph 5: lines 1-4. Also, see the vanadium nitride green spheres on the surface of the reduced graphene oxide blue bar in Fig. 6g); and a sulfur containing material (see e.g. VN/N-rGO based sulfur cathode in the abstract).
Regarding claim 12, Li et al. teaches the electrode active material according to claim 11, wherein the sulfur containing material comprises an elemental sulfur (S8), Li2Sn where n ≥ 1, disulfide compounds, organosulfur compounds, carbon-sulfur polymers (C2Sx)n where x=2.5 to 50 and n ≥ 2, or a mixture of two or more thereof (see e.g. anchoring of Li2S6 to the VN of VN/N-rGO on page 2: column 2: paragraph 5: line 1-9 and shown in Fig. 1 of the Li2S attached to the vanadium nitride spheres. In addition, the sulfur loading of the 78S@VN/N-rGO is done with S/CS2, a disulfide compound as noted in the Supplementary Information of Li et al. on page 2: paragraph 2).
Regarding claim 13, Li et al. teaches the electrode active material according to claim 11, wherein a content ratio of the sulfur containing material to the carbon composite ranges from 1:1 to 9:1 by weight (see e.g. Supplementary Information of publication where in Table S-1 and page 2: column 2: paragraph 2: lines 9-11 that note the sulfur weight % with a host material of VN/N-rGO is 78 wt.%).
Regarding claim 16, Li et al. teaches a battery (see e.g. Li et al. teaches a lithium-sulfur battery in the abstract) comprising:
a first electrode comprising a carbon composite (see e.g. VN/N-rGO based sulfur cathode in the abstract and in page 2: column 1: paragraphs 3-4 for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title);
a second electrode (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a counter electrode of metallic Li was used);
a separator between the first electrode and the second electrode (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a separator was used. Considering the function even noted in the word itself, it would be expected that it would be located between the two electrodes used); and
an electrolyte (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, electrolyte is noted),
wherein the carbon composite comprises a porous carbon material and vanadium nitride particles formed on a surface of the porous carbon material (see e.g. VN/N-rGO based sulfur cathode in the abstract for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1. See porous graphene in the title. Also, see forming process of Vanadium Nitride, the white spheres, on the surface of the reduced graphene oxide, the blue sheet, via vanadium oxide and graphene oxide in Fig. 1. and noted on page 2: column 1: paragraph 5: lines 1-4. Also, see the vanadium nitride green spheres on the surface of the reduced graphene oxide blue bar in Fig. 6g).
Claim Rejections - 35 USC § 103
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (High-rate lithium-sulfur batteries enabled via vanadium nitride nanoparticle/3D porous graphene through regulating the polysulfides transformation, Chemical Engineering Journal, Volume 398, 2020, 125432, ISSN 1385-8947, https://doi.org/10.1016/j.cej.2020.125432.) as applied to claims 1 and 11 above, and further in view of Zhang et al. (CN 107610938 A). Zhang et al. was cited in the IDS filed 6/17/2025. A numbered translation was relied upon from Global Dossier.
Regarding claim 3, Li et al. teaches the carbon composite according to claim 1,
Li et al. teaches the VN/N-rGO composite exhibits a large BET specific surface area (60.3 m2 g−1), in contrast, the specific surface areas of 78S@VN/N-rGO decrease to 5.9 m2 g−1 on page 2: column 2: paragraph 2: lines 5-7.
Li et al. fails to explicitly teach wherein a specific surface area of the carbon composite is 250 m2/g or more.
However, Zhang et al. teaches a transition metal nitride or nitrogen-doped graphene (TMNs/NG) composite material in Para. 15. It is understood the “or” is a translation error at the material is called a composite and it’s noted that the transition metal nitride is inserted on two ends of the nitrogen-doped graphite alkene framework later in Para. 15. Zhang et al. notes the transition metal may be vanadium nitride in Para. 18. Zhang et al. notes preferably the specific surface area of the composite material is 428 m2/g to 597 m2/g in Para. 19. Zhang et al. notes the high specific surface area supports excellent application prospect in batteries in Para. 60 and 160.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the specific surface area of the vanadium nitride nitrogen-doped reduced graphene oxide of Li et al., to have a high specific surface area between 428 m2/g to 597 m2/g, as taught by Zhang et al., in order to improve the application prospects in the field of batteries as noted in Para. 60 and 160 of Zhang et al..
Claims 5, 14, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (High-rate lithium-sulfur batteries enabled via vanadium nitride nanoparticle/3D porous graphene through regulating the polysulfides transformation, Chemical Engineering Journal, Volume 398, 2020, 125432, ISSN 1385-8947, https://doi.org/10.1016/j.cej.2020.125432.) as applied to claims 1 and 11 above, and further in view of Kim et al. (KR 2021/0010334 A). Kim et al. was cited in the IDS filed 3/30/2023. A translation of Kim et al. from Espanet was used.
Regarding claim 5, Li et al. teaches the carbon composite according to claim 1.
Li et al. fails to explicitly teach wherein a content of the vanadium nitride particles in the carbon composite is 3 parts by weight or more and 50 parts by weight or less based on 100 parts by weight of the carbon composite.
However, Kim et al. teaches a lithium sulfur battery in Para. 12 in which the positive electrode has a porous carbon material with a bonded catalyst point in Para. 13 and 65. Kim et al. teaches the catalyst point includes a transition metal complex that includes a transition metal capable of exhibiting catalytic activity for sulfur reduction and nitrogen in Para. 76 and 78. The carbon material may be reduced graphene oxide in Para 68. Kim et al. teaches the catalyst point 20 may be included in an amount of 1 to 20 % by weight based on 100% by weight of the total porous carbon material in Para. 83. It is explained when the content of the catalyst point 20 is out of the above range, the effect of improving the reaction rate of sulfur reduction reaction is lowered which lowers the effect of improving battery performance in Para. 83. Because of the translation, it is unclear when “total porous carbon material” is referred to, whether that is just referring to the porous carbon material 10 noted in the first half of Para. 65 and in Fig. 1, or if it’s referring to the total carbon material of the porous carbon material 10 of which the catalyst point 20 is included within which is referred to more so in the second half of Para. 65 and Fig. 1. In the case of the first interpretation, with the understanding that the porous carbon composite mass would map to the combined mass of the porous carbon material 10 and catalyst point 20, if the mass of the catalyst point 20 was 20 wt.% based on 100 wt.% of the carbon material 10, it would lead to the catalyst point 20 being 16.7 % based on 100 wt.% of the porous carbon composite. In the other interpretation, 20 wt.% of the catalyst point 20 based on 100 wt.% of the total porous carbon material would map to 20 wt.% of catalyst point 20 based on 100 wt.% of the carbon composite.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the vanadium nitride porous reduced graphene oxide of Li et al. to have a vanadium wt.% between 1 to 20 , as taught by Kim et al., to improve the reaction rate of sulfur reduction reaction and improve battery performance as noted in Para. 83 of Kim et al..
This overlaps the claimed range in a manner which provides a prima facie case of obviousness (see MPEP 2144.05).
Regarding claim 14, Li et al. teaches an electrode comprising: an active material wherein the active material comprises the electrode active material according to claim 11 and a conductive material (see e.g. VN/N-rGO based sulfur cathode in the abstract and in page 2: column 1: paragraphs 3-4 for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title, and forming process of Vanadium Nitride, the white spheres, on the surface of the reduced graphene oxide, the blue sheet, via vanadium oxide and graphene oxide in Fig. 1. and noted on page 2: column 1: paragraph 5: lines 1-4. Also, see the vanadium nitride green spheres on the surface of the reduced graphene oxide blue bar in Fig. 6g. The carbon or reduced graphene oxide is reasonably considered a conductive material, meeting the claim limitations, and is further noted on page 7: column 1: paragraph 2: line 1 and in the abstract. The instant specification further supports an interpretation that the porous carbon material may act as an active material and conductive material by noting the porous carbon may be used as at least a portion of a conductive material and/or a positive active material on page 14: paragraph 6: lines 4-5 of the instant specification).
Li et al. fails to explicitly teach an electrode comprising: a current collector; and an active material layer formed on a surface of the current collector, wherein the active material layer comprises the electrode active material according to claim 11, and a binder.
However, Kim et al. teaches a lithium sulfur battery in Para. 12 in which the positive electrode has a porous carbon material with a bonded catalyst point in Para. 13 and 65. Kim et al. teaches the catalyst point includes a transition metal complex that includes a transition metal capable of exhibiting catalytic activity for sulfur reduction and nitrogen in Para. 76 and 78. The carbon material may be reduced graphene oxide in Para 68. Kim et al. teaches the positive electrode can be made by conventional methods by adding a binder to the positive electrode active material and coating a current collector in Para. 114. Kim et al. teaches the produced lithium-sulfur secondary battery realizes a high energy density by organic combination of not only the above-described positive electrode, but also a negative electrode, a separator, and an electrolyte in Para. 125.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the cathode comprising Vanadium nitride reduced graphene oxide composite of Li et al., to incorporate a conductive material and binder, and apply it to a current collector, as taught by Kim et al., not only because it’s a known technique used in the same field for a near identical material, but because it is also associated with high energy density by organic combination as noted in Para. 125 of Kim et al..
Regarding, claim 15, Li et al. teaches an electrode (see e.g. cathode in the abstract), wherein the active material comprises a porous carbon support and a sulfur containing material (see e.g. VN/N-rGO based sulfur cathode in the abstract and in page 2: column 1: paragraphs 3-4 for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title, and forming process of Vanadium Nitride, the white spheres, on the surface of the reduced graphene oxide, the blue sheet, via vanadium oxide and graphene oxide in Fig. 1. and noted on page 2: column 1: paragraph 5: lines 1-4. Also, see the vanadium nitride green spheres on the surface of the reduced graphene oxide blue bar in Fig. 6g.), and a conductive material, wherein the conductive material comprises the carbon composite of claim 1 (see e.g. VN/N-rGO based sulfur cathode in the abstract and in page 2: column 1: paragraphs 3-4 for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title, and forming process of Vanadium Nitride, the white spheres, on the surface of the reduced graphene oxide, the blue sheet, via vanadium oxide and graphene oxide in Fig. 1. and noted on page 2: column 1: paragraph 5: lines 1-4. Also, see the vanadium nitride green spheres on the surface of the reduced graphene oxide blue bar in Fig. 6g. The carbon or reduced graphene oxide is reasonably considered a conductive material, meeting the claim limitations, and is further noted on page 7: column 1: paragraph 2: line 1 and in the abstract. The instant specification further supports an interpretation that the porous carbon material may act as an active material and conductive material by noting the porous carbon may be used as at least a portion of a conductive material and/or a positive active material on page 14: paragraph 6: lines 4-5 of the instant specification).
Li et al. fails to explicitly teach an electrode comprising: a current collector; and an active material layer formed on a surface of the current collector, wherein the active material layer comprises wherein the active material comprises a porous carbon support and a sulfur containing material supported in pores thereof and a binder.
However, Kim et al. teaches a lithium sulfur battery in Para. 12 in which the positive electrode has a porous carbon material with a bonded catalyst point in Para. 13 and 65. Kim et al. teaches the catalyst point includes a transition metal complex that includes a transition metal capable of exhibiting catalytic activity for sulfur reduction and nitrogen in Para. 76 and 78. The carbon material may be reduced graphene oxide in Para 68. Kim et al. teaches the positive electrode can be made by conventional methods by adding a binder to the positive electrode active material and coating a current collector in Para. 114. Kim et al. teaches the produced lithium-sulfur secondary battery realizes a high energy density by organic combination of not only the above-described positive electrode, but also a negative electrode, a separator, and an electrolyte in Para. 125. Kim et al. teaches the catalyst point may be located on at least one of an outer surface of the porous carbon material and an inner surface of the pores by pi electron interactions to exhibit stronger absorption in Para. 20 and 81-82.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the cathode comprising Vanadium nitride reduced graphene oxide composite of Li et al., to incorporate a binder, and apply it to a current collector, as taught by Kim et al., not only because it’s a known technique used in the same field for a near identical material, but because it is also associated with high energy density by organic combination as noted in Para. 125 of Kim et al.. It further would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify vanadium oxide (a transition metal oxide) of Li et al., to be absorbed in the pores and outside surface of the porous carbon material via pi electron interactions, as taught by Kim et al., in order to exhibit stronger absorption as noted in Para. 20 and 81-82 of Kim et al.
Regarding claim 17, Li et al. in view of Kim et al. teaches a battery (see e.g. Li et al. teaches a lithium-sulfur battery in the abstract) comprising:
a first electrode (see e.g. Li et al. teaches a VN/N-rGO based sulfur cathode in the abstract);
a second electrode (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a counter electrode was used);
a separator between the first electrode and the second electrode (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a separator was used. Considering the function even noted in the word itself, it would be expected that it would be located between the two electrodes used); and
an electrolyte (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, electrolyte is noted),
wherein the first electrode is the electrode according to claim 14 (see e.g. Li et al. in view of Kim et al. teaches the electrode according to claim 14 of the VN/N-rGO based sulfur cathode of Li et al. modified to have a binder and be on a current collector as taught by Kim et al.).
Regarding claim 18, Li et al. in view of Kim et al. teaches a lithium-sulfur battery (see e.g. Li et al. teaches a lithium-sulfur battery in the abstract) comprising:
a first electrode comprising a carbon composite and a sulfur containing material thereof (see e.g. VN/N-rGO based sulfur cathode in the abstract and in page 2: column 1: paragraphs 3-4 for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title);
a second electrode comprising a lithium metal (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a counter electrode of metallic Li was used);
a separator between the first electrode and the second electrode (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a separator was used. Considering the function even noted in the word itself, it would be expected that it would be located between the two electrodes used); and
an electrolyte (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, electrolyte is noted),
wherein the first electrode is the electrode according to claim 15 (see e.g. Li et al. in view of Kim et al. teaches the electrode according to claim 15 of the VN/N-rGO based sulfur cathode of Li et al. modified to have a binder and be on a current collector as taught by Kim et al.).
Regarding claim 19, Li et al. in view of Kim et al. teaches a lithium-sulfur battery (see e.g. Li et al. teaches a lithium-sulfur battery in the abstract) comprising:
a first electrode (see e.g. VN/N-rGO based sulfur cathode in the abstract and in page 2: column 1: paragraphs 3-4 for lithium-sulfur batteries on page 1: column 1: paragraph 1 that would be considered a composite as noted on page 2: column 1: paragraph 5: line 1, porous graphene in the title);
a second electrode comprising a lithium metal (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a counter electrode of metallic Li was used);
a separator between the first electrode and the second electrode (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, a separator was used. Considering the function even noted in the word itself, it would be expected that it would be located between the two electrodes used); and
an electrolyte (see e.g. in the Supplementary Information of Li et al. under Materials Characterization, electrolyte is noted),
wherein the first electrode is the electrode according to claim 14 (see e.g. Li et al. in view of Kim et al. teaches the electrode according to claim 14 of the VN/N-rGO based sulfur cathode of Li et al. modified to have a binder and be on a current collector as taught by Kim et al.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sun et al. (Conductive porous vanadium nitride/graphene composite as chemical anchor of polysulfides for lithium-sulfur batteries. Nat Commun. 2017 Mar 3;8:14627. doi: 10.1038/ncomms14627. PMID: 28256504; PMCID: PMC5337987.) teaches conductive porous vanadium nitride graphene composite. This was cited in the IDS filed 3/30/2023.
CN 111892047 A teaches vanadium nitride hybrid and nitrogen-doped porous carbon material. This was cited in the IDS filed 6/17/2025.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J METZGER whose telephone number is (571)272-0170. The examiner can normally be reached Monday - Thursday (1st week) or Monday - Friday (2nd week) 7:30am-5:00am - 9-day biweekly schedule.
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/KATHERINE J METZGER/Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723