DETAILED ACTION
Application 18/566,915, “ALL-SOLID-STATE ELECTROCHEMICAL DEVICE AND SULFUR-CARBON COMPOSITE”, was filed with the USPTO on 12/04/2023 and has a foreign priority document of JP2021-096961 filed on 6/09/2021.
This office action is in response to communication filed on 12/04/2023.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/566,915, filed on 12/04/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/21/2023, 6/25/2025 and 2/18/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 3 are objected to because of the following informalities: “the carbon” should read “the porous carbon”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 3 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Guo et al. (US 20150303458 A1, provided in IDS filed on 6/25/2025).
Regarding claim 3, Guo et al. teaches a sulfur-carbon composite (sulfur-carbon composite, see Embodiment B, [0055]) comprising sulfur (sulfur, [0055]) and porous carbon (final MPCS, see Embodiment B, [0054]), wherein
the carbon (final MPCS, see Embodiment B, [0054]) has an average pore size of 0.5 nm or more and 3.0 nm or less (micropores ~ 0.532 nm, larger micropores of 1.71 nm, average mesopore of 2.8 nm, see [0054]) and an average particle size of 0.1 μm or more and 30.0 μm or less (0.5 μm; note: an average diameter of 500 nm, [0054]).
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Francisco et al. (US 20220093966 A1) in view of Guo et al. (US 20150303458 A1, provided in IDS filed on 6/25/2025).
Regarding claim 1, Francisco et al. teaches an all-solid-state electrochemical device (100, Fig. 1) comprising: a positive active material layer (120, Fig. 1); an isolation layer (130, Fig. 1); and a negative active material layer (140, Fig. 1).
Francisco et al. does not teach wherein
the positive active material layer includes a sulfur-carbon composite,
the sulfur-carbon composite contains sulfur and porous carbon, and
the carbon has an average pore size of 0.5 nm or more and 3.0 nm or less and an average particle size of 0.1 μm or more and 30.0 μm or less.
Guo et al. teaches wherein
the positive active material layer (active material which is suitable for production of cathode materials, [0006]) includes a sulfur-carbon composite (sulfur-carbon composite, see Embodiment B, [0055]),
the sulfur-carbon composite (sulfur-carbon composite, see Embodiment B, [0055]) contains sulfur (sulfur, [0055]) and porous carbon (final MPCS, see Embodiment B, [0054]), and
the carbon (final MPCS, see Embodiment B, [0054]) has an average pore size of 0.5 nm or more and 3.0 nm or less (micropores ~ 0.532 nm, larger micropores of 1.71 nm, average mesopore of 2.8 nm, see [0054]) and an average particle size of 0.1 μm or more and 30.0 μm or less (0.5 μm; note: an average diameter of 500 nm, [0054]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the positive electrode active material taught by Francisco et al. by adding the sulfur-carbon composite taught by Guo et al. to have the lithium-sulfur battery whose cathode comprises S-C composite material with high specific capacity; high cycling stability; low self-discharge, good mechanical stability (see Guo et al. [0010]).
Regarding claim 2, Francisco et al. in view of Guo et al. teaches wherein the positive active material layer (120, Francisco et al. Fig. 1) contains a sulfide solid electrolyte (solid electrolyte (e.g. Li2S-P2S5), see Francisco et al. [0106]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kang (US 20230361300 A1): first and second sulfur-carbon composites.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NING CHEN whose telephone number is (571)272-1163. The examiner can normally be reached 9:30 AM - 4:30 PM.
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/NING CHEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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