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 .
Status of Claims
Claims 1-6 and 8-11 were rejected in the Office Action from 04/09/2026.
Applicant filed a response, amended claim 1-2 and cancelled claims 3 and 7.
Claims 1-2, 4-6 and 8-11 are currently pending in the application and are being examined on the merits in this Office Action.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-6 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al. (U.S. Patent Application Publication 2019/0181449 and further in view of Greer et al. (U.S. Patent Application Publication 2019/0103600).
Regarding claims 1-2, Han teaches a positive electrode for a lithium secondary battery (i.e., positive electrode for Lithium-Sulfur Battery) (paragraph [0088]-[0089), the positive electrode comprising a positive electrode active material layer (i.e., base solid) (paragraph [0089]-[0090]),
wherein the positive electrode active material layer comprises a sulfur-carbon composite (paragraph [0045]); which is a positive electrode active material (paragraph [0045], [0089]), a binder (paragraph [0089]), and a metal oxide-based additive (i.e., Iron Oxide-Hydroxide) (paragraph [0088]-[0089).
Han does not teach the metal oxide-based additive comprising niobium tungsten oxide, wherein the metal oxide-based additive is contained in an amount of 3 to 5% by weight based on the total weight of the positive electrode active material layer.
Greer, directed to electrodes (abstract), teaches an electrode (paragraph [0010]) that includes one or more of niobium tungsten oxide, iron oxide, titanium oxide, manganese oxide and nickel oxide in the amount of less than 5 wt% based on the total weight of the electrode (paragraph [0024]). Greer teaches the additive as being conductive (paragraph [0004]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Han to include an additive in the electrode such as one or more of niobium tungsten oxide, iron oxide, titanium oxide, manganese oxide and nickel oxide in the amount of less than 5 wt% based on the total weight of the electrode, as taught by Greer, in order to enhance electrical conductivity of the active material.
Regarding claim 4, Han teaches the binder comprises at least one or more selected from the group consisting of styrene-butadiene rubber (SBR)/carboxymethyl cellulose (CMC), poly(vinyl acetate), polyvinyl alcohol, polyethylene oxide, polyvinyl pyrrolidone, alkylated polyethylene oxide, crosslinked polyethylene oxide, polyvinyl ether, poly(methyl methacrylate), polyvinylidene fluoride, copolymer of polyhexafluoropropylene and polyvinylidene fluoride, poly(ethyl acrylate), polytetrafluoroethylene, polyvinylchloride, polyacrylonitrile, polyvinylpyridine, polystyrene, polyacrylic acid, derivatives thereof, blends thereof, and copolymers thereof (paragraph [0099]).
Regarding claim 5, Han teaches the positive electrode active material layer is formed on at least one surface of the positive electrode current collector (paragraph [0090]).
Regarding claim 6, Han teaches the positive electrode current collector comprises stainless steel, aluminum, nickel, titanium, or sintered carbon (paragraph [0091]).
Regarding claim 8, Han teaches a lithium secondary battery comprising the positive electrode of claim 1, a negative electrode, and an electrolyte solution (paragraph [0105], [0115]-[0116]).
Regarding claim 9, Han teaches the lithium secondary battery is a lithium-sulfur secondary battery (paragraph [0105]).
Regarding claim 10, Han teaches the lithium secondary battery is a pouch-type lithium secondary battery (paragraph [0123).
Regarding claim 11, Han teaches the negative electrode comprises lithium metal (paragraph [0107]).
Response to Arguments
In response to the amendments to the claims, the previous 35 U.S.C. 112(b) rejections for antecedent basis issues are withdrawn from the record.
Applicant’s argument filed on 05/27/2026 are deemed moot in view of the new grounds of rejection presented in this Office Action, necessitated by Applicant’s amendment to the claims. The new amendments/limitations have been fully addressed above in view of Greer.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTIAN ROLDAN whose telephone number is (571)272-5098. The examiner can normally be reached Monday - Thursday 9:00 am - 7:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONG GUO can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
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