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 .
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.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hirata et al. (JP 2010009940 A) in view of Thangadurai et al. (US 20230010131 A1). It is noted that the disclosures of Hirata et al. are based on a machine translation of the reference included in the office action mailed June 22nd, 2026.
Regarding claims 1, 3, and 5-7:
Hirata et al. teaches a positive electrode, i.e. first electrode, may have active materials, i.e. metal oxides or metal sulfides ([0023] lines 4-6), electrically conductive materials such as fine particles of graphite, carbon black such as acetylene black, Ketjen black, and carbon nanofibers ([0028] lines 3-5), and an aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride ([0060] may be used in a positive electrode. The aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride is prepared by reacting a copolymer of methyl vinyl ether and maleic anhydride with lithium hydroxide monohydrate, which would necessarily meet formula I with lithium hydroxide as presently claimed ([0059]), i.e. poly(methyl vinyl ether-alt-lithium malate).
However, Hirata et al. does not disclose a first electroactive material comprising S, S8, Li2S8, Li2S6, Li2S4, Li2S, or a combination thereof.
Thangadurai et al. teaches a battery based on Li—S, i.e. a sulfur cathode, where the cathode is provided in situ from tungsten trioxide (0008-0009) which forms lithium sulfide (Li2S) as well as Li2Sx where x=4,6,8 (0008, 0009, 0015, 0016). The battery has suppressed polysulfide shuttling and remarkable initial discharge capacity (0008) as well as favorable electrochemical performance (0056).
In light of the motivation for using sulfur cathode disclosed by Thangadurai et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the sulfur cathode as the electrode of Hirata et al. in order to produce a battery with has suppressed polysulfide shuttling, remarkable initial discharge capacity, and favorable electrochemical performance.
Regarding claim 2:
Hirata et al. in view of Thangadurai et al. teaches an electrode as set forth above.
Further, Hirata et al. teaches the positive electrode, i.e. first electrode, is 85 parts by mass of LiNi0.8Co0.17Al-0.03O2 as the positive electrode active material, 12 parts by mass of acetylene black as the electrically conductive material, and 14 parts by mass of a 15% by mass aqueous solution of the water-soluble polymer neutralization salt of the copolymer of the methyl vinyl ether and maleic anhydride was added and dispersed as a binder ([0060]).
Regarding claims 8-10 and 12-17:
Hirata et al. in view of Thangadurai et al. teaches an electrode as set forth above.
Further, Hirata et al. teaches a positive electrode, i.e. first electrode, may have active materials, i.e. metal oxides or metal sulfides ([0023] lines 4-6), electrically conductive materials such as fine particles of graphite, carbon black such as acetylene black, Ketjen black, and carbon nanofibers ([0028] lines 3-5), and an aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride ([0060] may be used in a positive electrode. The aqueous solution of the water-soluble polymer neutralization salt of a copolymer of methyl vinyl ether and maleic anhydride is prepared by reacting a copolymer of methyl vinyl ether and maleic anhydride with lithium hydroxide monohydrate, which would necessarily result in a lithiated maleic anhydride copolymer as presently claimed ([0059]).
Hirata et al. also teaches the positive electrode, i.e. first electrode, is 85 parts by mass of LiNi0.8Co0.17Al-0.03O2 as the positive electrode active material, 12 parts by mass of acetylene black as the electrically conductive material, and 14 parts by mass of a 15% by mass aqueous solution of the water-soluble polymer neutralization salt of the copolymer of the methyl vinyl ether and maleic anhydride was added and dispersed as a binder ([0060]).
Hirata et al. also teaches a negative electrode, i.e. second electrode, may include active materials such as lithium or lithium alloys ([0032]) and an electrolyte solution, where the electrolyte may be a non-aqueous liquid electrolyte solution that includes one or more lithium salts: lithium hexafluorophosphate, lithium perchlorate, lithium tetrachloroaluminate, lithium iodide, lithium thiocyanate, lithium tetrafluoroborate, lithium hexafluoroarsenate, lithium trifluoromethanesulfonate, lithium bis(trifluoromethanesulfonimide, or combinations thereof ([0044]).
Further, Hirata et al. teaches lithium salts may be dissolved in a variety of non-aqueous aprotic organic solvents, such as cyclic carbonates, linear carbonates, sulfone or sulfoxide compounds, and cyclic ethers or a combination thereof ([0035]).
However, Hirata et al. does not disclose a first electroactive material comprising S, S8, Li2S8, Li2S6, Li2S4, Li2S, or a combination thereof.
Thangadurai et al. teaches a battery based on Li—S, i.e. a sulfur cathode, electrochemistry would offer an attractive technology that meets requirements for low cost and high specific density. The discharge process starts from a crown S8 molecule and proceeds through reduction to higher-order polysulfide anions (Li2S8) at a high voltage plateau (2.3-2.4 V), followed by further reduction to lower-order polysulfides (Li2S4, Li2S2) at a low voltage plateau (2.1 V), terminating with the Li2S product. During the charge process, Li2S is oxidized back to S8 through the intermediate polysulfide anions Sx (0003).
In light of the motivation for using S8, Li2S8, Li2S4, and Li2S disclosed by Thangadurai et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use S8, Li2S8, Li2S4, and Li2S in the electrode of Hirata et al. in order to lower costs and achieve a high specific density.
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hirata et al. (JP 2010009940 A) in view of Thangadurai et al. (US 20230010131 A1) and Chu et al. (US 20150243995 A1).
Regarding claims 7 and 14:
Hirata et al. in view of Thangadurai et al. teach an electrode as set forth above.
However, Hirata et al. in view of Thangadurai et al. do not teach a lithiated maleic anhydride copolymer comprising poly(methyl vinyl ether-alt-lithium malate).
Chu et al. teaches a binder system that includes a lithiated synthetic polymer which can be lithiated methyl vinyl ether and maleic anhydride copolymers ([0036], [0038]) and that Lithiated Gantrez 139 is a lithium salt of a copolymer of maleic anhydride and methyl vinyl ether, i.e. poly(methyl vinyl ether-alt-lithium malate (page 12, Table 1).
Chu et al. also teaches a binder composition that includes the Lithiated Gantrez 139, i.e. poly(methyl vinyl ether-alt-lithium malate), is capable of improving the capacity of lithium-ion batteries ([0010]).
In light of the motivation for using a binder system that includes Lithiated Gantrez 139 disclosed by Chu et al. as set forth above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the binder system in the electrode of Hirata et al. in view of Thangadurai et al. in order to improve the capacity of lithium-ion batteries.
Response to Arguments
Applicant's arguments filed September 3rd, 2026, have been fully considered but they are not persuasive.
Regarding the amendment of claims 1 and 8 each reciting “comprising S, Ss, Li2S8, Li2S6, Li2S4, Li2S, or a combination thereof”, Applicant’s amendment is persuasive, and a new ground of rejection has been made.
Regarding claims 7 and 14 requiring S, Ss, Li2S8, Li2S6, Li2S4, Li2S, or a combination thereof due to their dependencies on claims 1 and 8, respectively, Applicant’s amendment is persuasive, and a new ground of rejection has been made. Further, note that while Chu et al. do not disclose all the features of the present claimed invention, Chu et al. is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely a binder system that includes Lithiated Gantrez 139, and in combination with the primary reference, discloses the presently claimed invention.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Coowar et al. (GB 2487569 A) teaches suitable metal ion salts of the polymers or copolymers include salts of lithium (page 14, lines 28-29).
Coowar et al. also teaches a metal ion salt of a copolymer, wherein the polymer or copolymer includes as a substituent, one or more carboxyl containing groups, each carboxyl containing group being derived from a carboxyl containing monomer unit such as a maleic anhydride and a maleic anhydride derivative (page 16, lines 25-29).
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/MADISON ELIZABETH BROWN/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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