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
The previous rejection of Claims 1-17 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1, 3-10, and 14-15, under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0199592 A1 to Pyun et al. (hereinafter Pyun) is/are withdrawn in light of the Applicant’s amendments.
The previous rejection of Claim(s) 1-6, 9-10, 13-15 and 17, under 35 U.S.C. 102(a)(2) as being anticipated by US 2022/0020992 A1 to Lee et al. (hereinafter Lee) is/are withdrawn in light of the Applicant’s amendments.
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.
Claims 16-17 are 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.
Claims 16 and 17 depend from claim 15, which has been canceled.
Allowable Subject Matter
Claims 1, 3-10, 12 and 13, are allowed.
The following is an examiner’s statement of reasons for allowance:
The first closest prior art is US 2014/0199592 A1 to Pyun et al. (hereinafter Pyun). Pyun teaches a polymeric composition comprising a copolymer of sulfur, and one or more monomers of ethylenically unsaturated monomers (See abstract). Pyun teaches that the polymeric composition is
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90
602
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Greyscale
, (Fig. 11), obtained by mixing the monomers of styrene, polyene sulfide, and sulfur, with benzyldithiobenzoate as an initiator, and tetraphenylphosphonium chloride as the free radical initiator, and polymerizing to form the polymeric composition. (para 96-97). Pyun further teaches the polymerization occurs by heating the mixture at 185 deg C with stirring at 550 rpm (See examples, para 47, 88 and 90), wherein the sulfur is in an amount of at least 50 wt% (para 8), and further teaches an emulsion can be made by mixing the above polymeric composition at 180 deg C with water and a sodium lauryl sulfate surfactant (i.e. sodium dodecyl sulfate, nonionic, Triton X100) to form core/shell colloids (para 67, Example 10, para 103 and para 7). Pyun further teaches that the monomers can have specific/higher feed ratios (para 43).
Pyun does not teach the 1-10 wt% of sulfur based on the dry weight of the monomers.
The second closest prior art is US 2022/0020992 A1 to Lee et al. (hereinafter Lee). Lee teaches an emulsion copolymer particles are formed by mixing styrene, acrylic acid, and butadiene, (para 123), with a polymerization free radical initiator of potassium persulfate (para 38), water, and a sodium lauryl sulfate surfactant, and heated to 70 deg C and polymerized, (para 123), and further mixed and reacted with sulfur (S8) to form an anode binder material (para 125). The sulfur is added in an amount of 0.5 to 3 parts by weight per 100 part by weight of the styrene-butadiene-based copolymer (para 39-40).
Lee does not teach increasing the reaction temperature to between 150-200 deg C.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HA S NGUYEN whose telephone number is (571)270-7395. The examiner can normally be reached Mon-Fri, Flex schedule 7:30am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at (571)272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HA S NGUYEN/ Primary Examiner, Art Unit 1766
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