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 amendments filed 6/30/2026 have been entered but do not overcome the 103 rejection as previously set forth in non-final office action mailed 04/06/2026.
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.
Claims 1-2 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over (US-20180138554-A1) hereinafter referred to as ‘Mukherjee’ in view of ‘Characterization of conductive composite films based on TEMPO-oxidized cellulose nanofibers and polypyrrole’ hereinafter referred to as ‘Jradi’ in further view of ‘Biocomposites with increased dielectric constant based on chitosan and nitrile-modified cellulose nanocrystals’ hereinafter referred to as ‘Bonardd’ in view of ‘Syntheses and Energy Storage Applications of MxSy (M = Cu, Ag, Au) and Their Composites: Rechargeable Batteries and Supercapacitors’ hereinafter referred to as ‘Lu’ in view of ‘Computational Investigation of Copper Phosphides as Conversion Anodes for Lithium-Ion Batteries’ hereinafter referred to as ‘Harper’
Regarding Claim 1,
Mukherjee teaches an aluminum-air secondary battery capable of being charged and discharged a plurality of times (Mukherjee, “A rechargeable battery using a solution of an aluminum salt as an electrolyte is disclosed”, see Abstract)(Mukerherjee, “Finally, aluminum is both mechanically and electrochemically robust and can be safely operated in ambient air as well as humid environments while simultaneously facilitating a greater flexibility in the choice of electrolytes”, see [0086]), wherein the aluminum-air secondary battery comprises: a negative electrode disposed on the positive electrode and containing aluminum (Mukherjee, “In certain embodiments, a battery is disclosed that includes an anode comprising aluminum, an aluminum alloy or an aluminum compound;”, see [0008]); and a solid electrolyte disposed between the positive electrode and the negative electrode (Mukherjee, “Solid electrolytes are low cost alternatives to ionic electrolytes that allow reasonably high operating voltages along with a marked improvement in terms of ionic mobility.”, see [0101])
Mukherjee does not teach positive electrode including an electrode structure formed of a compound containing Copper (Cu) as a transition metal, Sulfur (S) as a chalcogen element, and phosphorus (P)
Lu teaches that Cu2S can have a high capacity due to formation of LiS (Li, “Moreover, lithium-sulfur batteries (LSBs), with an out-standing theoretical specific capacity of 1672 mA h g−1 as well as a high energy density of 2600 or 2800 Wh kg−1”, see Introduction).
Harper teaches that Cu-2P is a stable phase with a high capacity, but it requires additives (Harper, “Graphite is the most commonly employed lithium-ion battery (LIB) anode but is inherently limited by a maximum theoretical capacity of 372 mAh/g upon the formation of LiC6. Phosphorus (black or red) has a significantly higher theoretical capacity of 2596 mAh/g due to the formation of Li3P; … In addition, P and its lithiated phases have limited electrical conductivity, requiring dopants and additives to improve performance.”, see Introduction).
Mukherjee, Lu, and Harper are analogous as they are both of the same field of battery materials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Cu-2S as taught in Lu with Cu-2P as taught in Harper in order to stabilize the Cu2P and increase capacity resulting in CuP0.5S0.5, and to apply the high energy cathode to the battery as taught in Mukherjee in order to increase the capacity of the overall cell.
Mukherjee does not teach a base composite fiber having bacterial cellulose.
Jradi teaches a base composite fiber having bacterial cellulose and chitosan bound to the bacterial cellulose (Jradi, “These results are similar to those obtained by Hu et al., demonstrating that the bacterial cellulose BC improved the mechanical properties of the polyaniline matrix to form a flexible nanocomposite film”, see Mechanical Properties).
Jradi teaches that bacterial cellulose allows for a mechanically favorable film (Jradi, “These results are similar to those obtained by Hu et al., demonstrating that the bacterial cellulose BC improved the mechanical properties of the polyaniline matrix to form a flexible nanocomposite film”, see Mechanical Properties).
Mukherjee and Jradi are analogous as they are both of the same field of battery devices.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention as taught in Mukharjee to have the film as taught in Jradi in order to improve the mechanical properties of the solid electrolyte
Modified Mukherjee does not teach chitosan bound to the bacterial cellulose.
Bonardd teaches chitosan bound to the bacterial cellulose (Bonard, “On one hand, chitin can be chemically transformed through an alkaline hydrolysis treatment into chitosan, which is a polyelectrolyte that maintains the "green" properties of chitin but being soluble in acid aqueous media (Barber et al., 2013). So, through solvent evaporation method of chitosan solutions, flexible thin films with good mechanical properties can be obtained”, see Introduction).
Bonardd teaches that chitosan can allow for thin films with good mechanical properties (Bonard, “On one hand, chitin can be chemically transformed through an alkaline hydrolysis treatment into chitosan, which is a polyelectrolyte that maintains the "green" properties of chitin but being soluble in acid aqueous media (Barber et al., 2013). So, through solvent evaporation method of chitosan solutions, flexible thin films with good mechanical properties can be obtained”, see Introduction).
Modified Mukherjee and Bonardd are analogous as they are both of the same field of electrochemical devices.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cellulose as taught in Modified Mukherjee with the chitosan as taught in Bonardd in order to improve the mechanical properties of the solid electrolyte film.
Regarding Claim 2,
Modified Mukherjee teaches the aluminum-air secondary battery of claim 1, wherein the electrode structure comprises a membrane in which a plurality of fibrillated fibers form a network, and is flexible (Jradi, “These results are similar to those obtained by Hu et al., demonstrating that the bacterial cellulose BC improved the mechanical properties of the polyaniline matrix to form a flexible nanocomposite film”, see Mechanical Properties)(see Fig. 5 below).
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Regarding Claim 4,
Modified Mukherjee teaches the aluminum-air secondary battery of claim 1, wherein the solid electrolyte comprises a first composite fiber that is formed as a surface of the base composite fiber is oxidized, and a second composite fiber that is formed as a first functional group having nitrogen is bound to the surface of the base composite fiber (Jradi, “In this article, conductive composite films based on TEMPO-oxidized cellulose nanofibers (TOCN) and polypyrrole (PPy) were synthesized in situ by a Chemical Polymerization Induced Adsorption Process of pyrrole on the surface of TOCN in aqueous medium.”, see Abstract)
Regarding Claim 5,
Modified Mukherjee teaches the aluminum-air secondary battery of claim 4, wherein weight ratios of the first composite fiber and the second composite fiber in the solid electrolyte are same as each other (Jradi, “Different weight ratios of TOCN/PPy (12/88; 42/58; 55/45; 76/24%) were used to study the effect of the amount of TOCN on the mechanical properties of the composite film.”, see TOCN/PPy composite preparation)(The examiner notes that the weight ratio is not identical but are merely close it would have been obvious for one of ordinary skill in the art to have modified the weight ratios as one of ordinary skill in the art would expect them to have the same properties (see MPEP 2144.05) ).
Regarding Claim 6,
Modified Mukherjee teaches the aluminum-air secondary battery of claim 1, wherein a capacity is 1,800 mAh/g or more and an energy density is 3.00 Wh/Kg or more.
Lu teaches that Cu2S can have a high capacity due to formation of LiS (Li, “Moreover, lithium-sulfur batteries (LSBs), with an out-standing theoretical specific capacity of 1672 mA h g−1 as well as a high energy density of 2600 or 2800 Wh kg−1”, see Introduction).
(Harper, “Graphite is the most commonly employed lithium-ion battery (LIB) anode but is inherently limited by a maximum theoretical capacity of 372 mAh/g upon the formation of LiC6. Phosphorus (black or red) has a significantly higher theoretical capacity of 2596 mAh/g due to the formation of Li3P; … In addition, P and its lithiated phases have limited electrical conductivity, requiring dopants and additives to improve performance.”, see Introduction).
Regarding Claim 7,
Modified Mukherjee teaches a battery is disclosed that includes an anode comprising aluminum, an aluminum alloy or an aluminum compound;”, see [0008])
comprising a positive electrode including an electrode structure represented by CuPxSy (wherein x+y=1, 0.3 ≤x ≤0.7, 0.3 ≤y≤ 0.7) and a negative electrode comprising aluminum (Mukherjee, “In certain embodiments, ,
(Li, “Moreover, lithium-sulfur batteries (LSBs), with an out-standing theoretical specific capacity of 1672 mA h g−1 as well as a high energy density of 2600 or 2800 Wh kg−1”, see Introduction). (Harper, “Graphite is the most commonly employed lithium-ion battery (LIB) anode but is inherently limited by a maximum theoretical capacity of 372 mAh/g upon the formation of LiC6. Phosphorus (black or red) has a significantly higher theoretical capacity of 2596 mAh/g due to the formation of Li3P; … In addition, P and its lithiated phases have limited electrical conductivity, requiring dopants and additives to improve performance.”, see Introduction).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over (US-20180138554-A1) hereinafter referred to as ‘Mukherjee’ view of ‘Syntheses and Energy Storage Applications of MxSy (M = Cu, Ag, Au) and Their Composites: Rechargeable Batteries and Supercapacitors’ hereinafter referred to as ‘Lu’ in view of ‘Computational Investigation of Copper Phosphides as Conversion Anodes for Lithium-Ion Batteries’ hereinafter referred to as ‘Harper’, in view of ‘Biocomposites with increased dielectric constant based on chitosan and nitrile-modified cellulose nanocrystals’ hereinafter referred to as ‘Bonardd’
Regarding Claim 8,
Mukherjee teaches a method for manufacturing an aluminum-air secondary battery capable of being charged and discharged a plurality of times, the method comprising: providing a positive electrode including an electrode structure formed of a compound containing a transition metal, a chalcogen element, and phosphorus (Mukherjee, “In certain embodiments, a method is disclosed that includes the steps of contacting lithium manganese oxide powder with an excess volume of an acid selected from the group consisting of nitric acid, hydrochloric acid, sulfuric acid, acetic acid, hydroiodic acid, phosphoric acid and mixtures thereof to form a suspension”, see [0039]) (Mukherjee, “and a phosphorus composite, wherein the phosphorus composite comprises an element selected from the group consisting of carbon, aluminum, lithium, iron, vanadium, titanium, molybdenum, copper, nickel, zinc, tungsten, manganese, chromium, cobalt, sodium, potassium, tin, platinum, or manganese dioxide; and mixtures thereof, see [0028])(Mukherjee, “phosphorus composites, and graphene maybe further mixed with a metal such as copper…, sulfate”, see [0031])); and disposing a negative electrode including aluminum on the solid electrolyte (Mukherjee, “an electrolyte comprising a solvent and an aluminum salt, wherein the electrolyte is in contact with the anode and the cathode,”, see Claim 1).
Mukherjee does not teach positive electrode including an electrode structure formed of a compound containing Copper (Cu) as a transition metal, Sulfur (S) as a chalcogen element, and phosphorus (P)
Lu teaches that Cu2S can have a high capacity due to formation of LiS (Li, “Moreover, lithium-sulfur batteries (LSBs), with an out-standing theoretical specific capacity of 1672 mA h g−1 as well as a high energy density of 2600 or 2800 Wh kg−1”, see Introduction).
Harper teaches that Cu-2P is a stable phase with a high capacity, but it requires additives (Harper, “Graphite is the most commonly employed lithium-ion battery (LIB) anode but is inherently limited by a maximum theoretical capacity of 372 mAh/g upon the formation of LiC6. Phosphorus (black or red) has a significantly higher theoretical capacity of 2596 mAh/g due to the formation of Li3P; … In addition, P and its lithiated phases have limited electrical conductivity, requiring dopants and additives to improve performance.”, see Introduction).
Mukherjee, Lu, and Harper are analogous as they are both of the same field of battery materials.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Cu-2S as taught in Lu with Cu-2P as taught in Harper in order to stabilize the Cu2P and increase capacity resulting in CuP0.5S0.5, and to apply the high energy cathode to the battery as taught in Mukherjee in order to increase the capacity of the overall cell.
Mukherjee does not teach disposing of a solid electrolyte including bacterial cellulose, and a base composite fiber having chitosan bound to the bacterial cellulose.
Bonardd teaches a solid electrolyte including bacterial cellulose, and a base composite fiber having chitosan bound to the bacterial cellulose (Bonardd, “However, several strategies can be found to overcome this situation. On one hand, chitin can be chemically transformed through an alkaline hydrolysis treatment into chitosan, which is a polyelectrolyte that maintains the "green" properties of chitin but being soluble in acid aqueous media (Barber et al., 2013). So, through solvent evaporation method of chitosan solutions, flexible thin films with good mechanical properties can be obtained”, see Introduction).
Bonardd teaches that chitosan can allow for thin films with good mechanical properties (Bonard, “On one hand, chitin can be chemically transformed through an alkaline hydrolysis treatment into chitosan, which is a polyelectrolyte that maintains the "green" properties of chitin but being soluble in acid aqueous media (Barber et al., 2013). So, through solvent evaporation method of chitosan solutions, flexible thin films with good mechanical properties can be obtained”, see Introduction).
Modified Mukherjee and Bonardd are analogous as they are both of the same field of electrochemistry.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cellulose as taught in Modified Mukherjee with the chitosan as taught in Bonardd in order to improve the mechanical properties of the electrolyte film.
Regarding Claim 9,
Modified Mukherjee teaches the method of claim 8, wherein the providing of the positive electrode including the electrode structure comprises: providing a first precursor having a chalcogen element (Lu, “The synthesis procedure for copper sulfides and their composites from the Na2S precursor has been mainly studied with Cu(CH 3COO)2·H2O, CuCl 2, CuSO 4·5H2O, Cu(OH) 2,and Cu(NO3)2·3H2O. In the synthesis of CuS@CNT (CNT =carbon nanotube) composites,”, see 2.1 Copper Sulfide), a second precursor having phosphorus (Harper, “The capacity of high-temperature-synthesized Cu3P exceeds that of graphite, and the cyclability of porous Cu3P is improved relative to other Cu3P”, See Introduction), and a third precursor having the transition metal (Lu, see Table 1 for all precursor combinations); mixing the first precursor, the second precursor, and the third precursor in a first solvent to prepare a suspension (Mukherjee, “In certain embodiments, a method is disclosed that includes the steps of contacting lithium manganese oxide powder with an excess volume of an acid selected from the group consisting of nitric acid, hydrochloric acid, sulfuric acid, acetic acid, hydroiodic acid, phosphoric acid and mixtures thereof to form a suspension”, see [0039]); adding a reducing agent to the suspension and causing a reaction therebetween to produce an intermediate product (Mukherjee, “In certain embodiments, a method is disclosed that includes the steps of combining Li1-xMnO2 powder with at least one of deionized water, a base selected from the group consisting of lithium hydroxide, potassium hydroxide, sodium hydroxide, tetramethyl ammonium hydroxide”, see [0043])(The examiner notes that ammonium hydroxide is a reducing agent, see [0121] of the instant application) and manufacturing the electrode structure including the chalcogen element, the phosphorus, and the transition metal by adding the intermediate product and a surfactant to a second solvent (Mukherjee, “In certain embodiments, acid-delithiated or electrochemically delithiated manganese oxide maybe further subjected to a hydrothermal reaction, steam exfoliation or gas-based exfoliation. Hydrothermal reaction involves combining Li1-xMnO2 powder with one or a combination of deionized water, base (such as KOH), acid (such as H2SO4),”, see [0110])(The examiner notes that H2SO4 is a surfactant see [0129] of the instant application) and performing a heat treatment under pressure (Mukherjee, “In certain embodiments, a method is disclosed that includes the steps of combining Li.sub.1-xMnO.sub.2 powder with at least one of deionized water, a base selected from the group consisting of lithium hydroxide, potassium hydroxide, sodium hydroxide, tetramethyl ammonium hydroxide and mixtures thereof; an acid selected from the group consisting of phosphoric acid, nitric acid, sulfuric acid, sulfurous acid, acetic acid, hydrochloric acid, hydrofluoric acid, a metal selected from the group consisting of iron, vanadium, titanium, molybdenum, copper, nickel, zinc, tungsten, manganese, chromium, cobalt and mixtures thereof; and carbon to form a mixture; sealing the mixture in a hydrothermal pressure chamber; heating the hydrothermal pressure chamber to about 90° C. about 900° C.”, see [0043])
Regarding Claim 10,
Modified Mukherjee teaches the method of claim 8, wherein the disposing of the solid electrolyte comprises: providing a chitosan derivative; producing chitosan bound to cellulose from the chitosan derivative; and preparing the solid electrolyte by using the cellulose to which the chitosan is bound (Bonardd, “Blends containing 10, 30 and 50 wt% of CN-CNC were prepared mixing dropwise the chitosan solution over the modified nanocrystal dispersion in the desire proportions and kept under vigorous stirring during 24 h. Blend solutions were placed over plastic petri dishes and dried at 45 °C for 24 h and then neutralized by immersion in a 0.5 M NaOH aqueous solution overnight. Finally, the blends were dialyzed against distilled water during 48 h (changing water three times a day) and dried at 80 °C for 72 h allowing the obtainment of flexible thin films”, see 2.3.2 Preparation of Chitosan/CN-CNC composites)(Bonardd, “On one hand, chitin can be chemically transformed through an alkaline hydrolysis treatment into chitosan, which is a polyelectrolyte”, see Introduction)(Bonardd, “Due to the importance of energy resources, electrical energy storage through capacitor devices is nowadays an area of great industrial interest with different potential applications like batteries”, see Introduction).
Response to Arguments
Applicant's arguments filed 06/30/2026 have been fully considered but they are not persuasive. On pg. 6, the applicant argues:
“For example, Mukherjee discloses a cathode that comprises "a phosphorus composite, wherein the phosphorus composite comprises …. However, disclosure of a phosphorous composite that comprises copper and that is mixed with sulfates (or sulfides) does not constitute disclose of "a compound containing copper (Cu) as a transition metal, sulfur (S) as a chalcogen element, and phosphorus (P)", as Claims 1 and 8 require. Likewise, such disclosure of Mukherjee does not constitute disclosure of "CuPxSY, wherein x + y = 1, 0.3 x 0.7, and 0.3 y 0.7", as Claim 7 requires.”
However, this is not convincing. As outlined in the rejection above, Lu and Harper teach the benefits of Sulfur, Phosphate, and Copper electrodes, which would motivate one of ordinary skill in the art to modify the electrode to contain those elements in the amount as claimed. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the active material to contain the elements as claimed.
On pg. 6, the applicant argues:
“But the mere disclosure of a "solvent evaporation method of chitosan solutions" would not lead an ordinarily-skilled artisan to bind chitosan to bacterial cellulose. In particular, the distinct nano-network structure generated by the chemical bonding of bacterial cellulose and chitosan is a fundamentally different chemical mechanism from the polyaniline coating disclosed in the Jradi NPL or the solvent evaporation technique disclosed in the Bonardd NPL.”
However, this is not convincing. Bonard makes the connection to bacterial cellulose In its writing, “In recent years, several authors have prepared green nanocomposites based on chitosan and vegetal or bacterial nanocellulose for different potential applications such as electroactive papers…Taking all this into account, the development of “green polymer dielectrics” based on biodegradable polymers or composites presenting increased dielectric properties constitutes an interesting and challenging goals” (Bonard, see Introduction). Jiradi also teaches that bacterial cellulose improves the mechanical abilities of the film, “These results are similar to those obtained by Hu et al., demonstrating that the bacterial cellulose BC improved the mechanical properties of the polyaniline matrix to form a flexible nanocomposite film”, (Jradi, see Introduction). Bonardd teaches a mixture of cellulose and chitosan (Bonardd, see Abstract). The examiner acknowledges the methods are different, but a POSTA could adapt the bacterial cellulose of Jradi to the method of Bonardd (see MPEP 2143 (I)(B)). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have exchanged the cellulose nanocrystals as taught in Bonardd with the bacterial cellulose as known in the art of Bonardd and as taught in Jradi, in order to gain the beneficial effects of bacterial cellulose.
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.
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/S.P.M./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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