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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-7, 9-10, 12, 14-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura JP7245465B2 (cited in IDS filed 17 June 2024; using machine English translation provided) in view of Wang US20100291442A1 and further in view of Affinito US20110177398A1.
Regarding claim 1, Kimura discloses an organosulfur cathode (Kimura, [0011-0012]) for a lithium-sulfur battery or cell (Kimura, [0007]), the organosulfur cathode comprising:
sulfurized polybutadiene (Kimura, [0012], polybutadiene, styrene-butadiene copolymer) in an amount ranging from about 70% to about 98% by weight (Kimura, [0047], 87% to 98% by mass),
wherein the sulfurized polybutadiene is a reaction product of sulfur and a polybutadiene monomer (Kimura, [0011-0012], organic sulfur-based active materials obtained by calcining a raw material mixture of sulfurizable organic compounds and sulfur),
conductive carbon in an amount ranging from about 1% to about 20% by weight (Kimura, [0049], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at 1 to about 10% by weight, see MPEP § 2144.05,
and binder in an amount ranging from about 0.5 to about 20 % by weight (Kimura, [0048], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at 0.5 to about 10% by weight, see MPEP § 2144.05,
wherein the weight percents are based on a total weight of the organosulfur cathode (Kimura, [0047-0049]). Kimura does not disclose wherein the organosulfur cathode has a porosity of less than 40% and wherein the polybutadiene is poly(1,2-butadiene). However, it would have been obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product disclosed by Kimura, including the design need for an organosulfur material that did not corrode the collector (Kimura, [0004]), by choosing a polybutadiene from a finite number of art known polybutadienes (cis-1,4-polybutadiene, trans-1,4-polybutadiene and 1,2-polybutadiene) having a reasonable expectation of success, as polybutadienes are known in the art as sulfurizable organic compounds (Kimura, [0011-0012]), and obtaining the predictable solution of an organosulfur cathode (Kimura, [0011-0012]). See MPEP § 2143.
Alternatively, Wang teaches an organosulfur cathode comprising poly(1,2-butadiene) (Wang, [0056]). Therefore it would be obvious the skilled artisan before the effective filing date of the claimed invention to modify the product disclosed by Kimura substituting polybutadiene with poly(1,2-butadiene), as taught by Wang, thereby having good adhesion and electrical conduction (Wang, [0026]), as it is within the ambit of the skilled artisan to choose suitable polymers for use in lithium batteries, e.g., based on their mechanical and/or electronic properties, adhesiveness to conductive supports and/or electroactive materials, solubility in a particular electrolyte, etc. (Wang, [0056]) and determining suitable compositions, configurations (e.g., crosslinked or substantially uncrosslinked) and dimensions can be carried out by those of ordinary skill in the art, without undue experimentation (Wang, [0058]). Kimura as modified by Wang does not teach wherein the organosulfur cathode has a porosity of less than 40%.
Affinito teaches wherein the organosulfur cathode has a porosity of at least about 30% (Affinito, [0352]), rendering obvious the claimed range of less than 40%, see MPEP 2144.05. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product as taught by Kimira as modified by Wang, wherein the porosity is at least about 30%, as taught by Affinito, thereby retaining sufficient porosity to charge and discharge effectively (Affinito, [0350]).
Regarding claim 2, Kimura as modified by Wang and Affinito further teaches wherein the porosity is at least about 30% (Affinito, [0352]), rendering obvious the claimed range of greater than about 20% to less than about 40%, see MPEP 2144.05.
Regarding claim 4, Kimura as modified by Wang and Affinito also teaches wherein the binder is greater than about 0.5% by weight to less than 2% by weight, (Kimura, [0048], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at about 0.5 to less than 2% by weight, see MPEP § 2144.05.
Regarding claim 5, Kimura as modified by Wang and Affinito additionally teaches wherein the reaction product further comprises a co-monomer comprising an alkene functionality (Kimura, [0012], styrene-butadiene copolymer).
Regarding claim 6, Kimura as modified by Wang and Affinito further teaches wherein the alkene functionality comprises a vinyl functionality (Kimura, [0012], styrene-butadiene copolymer).
Regarding claim 7, Kimura as modified by Wang and Affinito also teaches wherein the co-monomer further comprises sulfur groups selected from the group consisting of disulfides (Kimura, [0011], organic disulfides).
Regarding claim 9, Kimura as modified by Wang and Affinito additionally wherein the sulfur is cyclic octaatomic sulfur (Kimura, [0011], a raw material mixture of sulfurizable organic compounds and sulfur), the examiner notes that cyclic octaatomic sulfur is the most stable and common form of elemental sulfur, and the skilled artisan would understand Kimura inherently satisfies the limitation.
Regarding claim 10, Kimura as modified by Wang and Affinito further teaches wherein the sulfur is in an amount ranging from about 40% by weight to about 60% by weight of the reaction product (Kimura, [0015], 50% by mass or more) wherein the poly (1, 2-butadiene) monomer is in an amount ranging from about 5% by weight to about 60% by weight (Kimura, [0015], 40-60% sulfur, [0048], 0.5-10% binder, [0049], 1-10% conductive carbon; the remainder being 20-58.5% poly (1, 2-butadiene) monomer).
Regarding claim 12, Kimura discloses a lithium-sulfur battery or cell (Kimura, [0007], sulfur based active material lithium-ion secondary battery) construction comprising:
a cathode current collector (Kimura, [0051]),
an organosulfur cathode comprises sulfurized polybutadiene (Kimura, [0012], polybutadiene, styrene-butadiene copolymer) in an amount ranging from about 70% to about 98% by weight (Kimura, [0047], 87% to 98% by mass),
wherein the sulfurized polybutadiene is a reaction product of sulfur and a polybutadiene monomer (Kimura, [0011-0012], organic sulfur-based active materials obtained by calcining a raw material mixture of sulfurizable organic compounds and sulfur),
an anode current collector (Kimura, [0051]),
a lithium or silicon anode (Kimura, [0056]) on the anode current collector (Kimura, [0052]),
a microporous polymeric separator intermediate the organosulfur cathode and the anode (Kimura, [0065]),
and an electrolyte material between the anode and the organosulfur cathode (Kimura, [0060]). Kimura does not disclose wherein the organosulfur cathode has a porosity of less than 40% and wherein the polybutadiene is poly(1,2-butadiene). However, it would have been obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product disclosed by Kimura, including the design need for an organosulfur material that did not corrode the collector (Kimura, [0004]), by choosing a polybutadiene from a finite number of art known polybutadienes (cis-1,4-polybutadiene, trans-1,4-polybutadiene and 1,2-polybutadiene) having a reasonable expectation of success, as polybutadienes are known in the art as sulfurizable organic compounds (Kimura, [0011-0012]), and obtaining the predictable solution of an organosulfur cathode (Kimura, [0011-0012]). See MPEP § 2143.
Alternatively, Wang teaches an organosulfur cathode comprising poly(1,2-butadiene) (Wang, [0056]). Therefore it would be obvious the skilled artisan before the effective filing date of the claimed invention to modify the product disclosed by Kimura substituting polybutadiene with poly(1,2-butadiene), as taught by Wang, thereby having good adhesion and electrical conduction (Wang, [0026]), as it is within the ambit of the skilled artisan to choose suitable polymers for use in lithium batteries, e.g., based on their mechanical and/or electronic properties, adhesiveness to conductive supports and/or electroactive materials, solubility in a particular electrolyte, etc. (Wang, [0056]) and determining suitable compositions, configurations (e.g., crosslinked or substantially uncrosslinked) and dimensions can be carried out by those of ordinary skill in the art, without undue experimentation (Wang, [0058]). Kimura as modified by Wang does not teach wherein the organosulfur cathode has a porosity of less than 40%.
Affinito teaches wherein the organosulfur cathode has a porosity of at least about 30% (Affinito, [0352]), rendering obvious the claimed range of less than 40%, see MPEP 2144.05. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product as taught by Kimira as modified by Wang, wherein the porosity is at least about 30%, as taught by Affinito, thereby retaining sufficient porosity to charge and discharge effectively (Affinito, [0350]).
Regarding claim 14, Kimura as modified by Wang and Affinito additionally teaches wherein the organosulfur cathode further comprises conductive carbon in an amount ranging from about 1% to about 20% by weight (Kimura, [0049], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at 1 to about 10% by weight, see MPEP § 2144.05,
and binder in an amount ranging from about 0.5 to about 2 % by weight (Kimura, [0048], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at 0.5 to about 2% by weight, see MPEP § 2144.05,
wherein the weight percents are based on a total weight of the organosulfur cathode (Kimura, [0047-0049]).
Regarding claim 15, Kimura as modified by Wang and Affinito additionally teaches wherein the reaction product further comprises a co-monomer comprising an alkene functionality (Kimura, [0012], styrene-butadiene copolymer).
Regarding claim 16, Kimura as modified by Wang and Affinito further teaches wherein the alkene functionality comprises a vinyl functionality (Kimura, [0012], styrene-butadiene copolymer).
Regarding claim 17, Kimura as modified by Wang and Affinito also teaches wherein the co-monomer further comprises sulfur groups selected from the group consisting of disulfides (Kimura, [0011], organic disulfides).
Regarding claim 19, Kimura discloses a lithium-sulfur battery or cell (Kimura, [0007], sulfur based active material lithium-ion secondary battery) comprising:
a cathode current collector (Kimura, [0051]) externally connected to a load (Kimura, [0094]), the skilled artisan would understand the use of the battery or cell comprising a cathode current collector for electrical power satisfies the limitation,
the cathode current collector comprising aluminum (Kimura, [0053]),
an organosulfur cathode comprises sulfurized polybutadiene (Kimura, [0012], polybutadiene, styrene-butadiene copolymer) in an amount ranging from about 70% to about 98% by weight (Kimura, [0047], 87% to 98% by mass),
wherein the sulfurized polybutadiene is a reaction product of cyclic octaatomic sulfur and a polybutadiene monomer (Kimura, [0011-0012], organic sulfur-based active materials obtained by calcining a raw material mixture of sulfurizable organic compounds and sulfur), the examiner notes that cyclic octaatomic sulfur is the most stable and common form of elemental sulfur, and the skilled artisan would understand Kimura inherently satisfies the limitation,
wherein the sulfur is in an amount ranging from about 40% by weight to about 60% by weight of the reaction product (Kimura, [0015], 50% by mass or more) wherein the polybutadiene monomer is in an amount ranging from about 5% by weight to about 60% by weight (Kimura, [0015], 40-60% sulfur, [0048], 0.5-10% binder, [0049], 1-10% conductive carbon; the remainder being 20-58.5% polybutadiene monomer),
conductive carbon in an amount ranging from about 1% to about 20% by weight (Kimura, [0049], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at 1 to about 10% by weight, see MPEP § 2144.05,
and binder in an amount ranging from about 0.5 to about 20% by weight (Kimura, [0048], 0.1 to 10% by mass), the claimed range is found to be obvious for overlapping the prior art range at least at 0.5 to about 10% by weight, see MPEP § 2144.05,
wherein the weight percents are based on a total weight of the organosulfur cathode (Kimura, [0047-0049]),
an anode current collector externally connected to a load (Kimura, [0094]), the skilled artisan would understand the use of the battery or cell comprising an anode current collector for electrical power satisfies the limitation,
wherein the anode current collector is made of one or more materials selected from a group consisting of copper, stainless steel, nickel, titanium (Kimura, [0053]),
a lithium or silicon anode (Kimura, [0056]) on the anode current collector (Kimura, [0052]),
a porous polymeric separator intermediate the organosulfur cathode and the anode (Kimura, [0065]). Kimura does not disclose wherein the organosulfur cathode has a porosity of less than 40% and wherein the polybutadiene is poly(1,2-butadiene). However, it would have been obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product disclosed by Kimura, including the design need for an organosulfur material that did not corrode the collector (Kimura, [0004]), by choosing a polybutadiene from a finite number of art known polybutadienes (cis-1,4-polybutadiene, trans-1,4-polybutadiene and 1,2-polybutadiene) having a reasonable expectation of success, as polybutadienes are known in the art as sulfurizable organic compounds (Kimura, [0011-0012]), and obtaining the predictable solution of an organosulfur cathode (Kimura, [0011-0012]). See MPEP § 2143.
Alternatively, Wang teaches an organosulfur cathode comprising poly(1,2-butadiene) (Wang, [0056]). Therefore it would be obvious the skilled artisan before the effective filing date of the claimed invention to modify the product disclosed by Kimura substituting polybutadiene with poly(1,2-butadiene), as taught by Wang, thereby having good adhesion and electrical conduction (Wang, [0026]), as it is within the ambit of the skilled artisan to choose suitable polymers for use in lithium batteries, e.g., based on their mechanical and/or electronic properties, adhesiveness to conductive supports and/or electroactive materials, solubility in a particular electrolyte, etc. (Wang, [0056]) and determining suitable compositions, configurations (e.g., crosslinked or substantially uncrosslinked) and dimensions can be carried out by those of ordinary skill in the art, without undue experimentation (Wang, [0058]). Kimura as modified by Wang does not teach wherein the organosulfur cathode has a porosity of less than 40%.
Affinito teaches wherein the organosulfur cathode has a porosity of at least about 30% (Affinito, [0352]), rendering obvious the claimed range of less than 40%, see MPEP 2144.05. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product as taught by Kimira as modified by Wang, wherein the porosity is at least about 30%, as taught by Affinito, thereby retaining sufficient porosity to charge and discharge effectively (Affinito, [0350]).
Regarding claim 20, modified Kimura further teaches wherein the reaction product further comprises a co-monomer comprising an alkene functionality (Kimura, [0012], styrene-butadiene copolymer) and one or more sulfide groups selected from the group consisting of disulfide (Kimura, [0011], organic disulfides).
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura JP7245465B2 (cited in IDS filed 17 June 2024; using machine English translation provided) in view of Wang US20100291442A1 and Affinito US20110177398A1 and further in view of Kubo US20200152979A1.
Regarding claim 8, Kimura as modified by Wang and Affinito does not teach wherein the conductive carbon comprises carbon nanotubes.
Kubo teaches wherein the conductive carbon comprises carbon nanotubes (Kubo, [0025]). Therefore it would be obvious to the skilled artisan to substitute the conductive carbon of Kubo in Kimura thereby improving electrical conductivity (Kubo, [0025]).
Regarding claim 18, Kimura as modified by Wang and Affinito does not teach wherein the conductive carbon comprises carbon nanotubes.
Kubo teaches wherein the conductive carbon comprises carbon nanotubes (Kubo, [0025]). Therefore it would be obvious to the skilled artisan to substitute the conductive carbon of Kubo in Kimura thereby improving electrical conductivity (Kubo, [0025]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura JP7245465B2 (cited in IDS filed 17 June 2024; using machine English translation provided) in view of Wang US20100291442A1 and Affinito US20110177398A1 and further in view of Pyun US20180208686A1.
Regarding claim 11, Kimura as modified by Wang and Affinito also teaches the sulfur is in an amount ranging from about 40% by weight to about 60% by weight of the reaction product (Kimura, [0015], 50% by mass or more), wherein the poly (1, 2-butadiene) monomer is in an amount ranging from about 5% by weight to about 60% by weight (Kimura, [0015], 40-60% sulfur, [0048], 0.5-10% binder, [0049], 1-10% conductive carbon; the remainder being 20-58.5% poly (1, 2-butadiene) monomer). Kimura as modified by Wang and Affinito does not teach wherein the co-monomer including the alkene functionality is in an amount ranging from about 5% by weight to about 60% by weight.
Pyun teaches a co-monomer including the alkene functionality is in an amount ranging from about 5% by weight to about 60% by weight (Pyun, [0118], about 2 to about 50%). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the product of Kimura as modified by Wang and Affinito, wherein the comonomer is about 5% by weight to about 60% by weight, as taught by Pyun, thereby increasing the volumetric energy density of the battery (Pyun, [0111]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12 and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
