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 .
Election/Restrictions
Applicant’s election of Group I (Claims 1-4) in the reply filed on 9/15/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/12/24 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
The drawings were received on 12/8/23. These drawings are acceptable.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 3 recites “the chalcogen optionally comprising sulfur.” However, claim 3 depends from claim 2, which affirmatively requires that “the chalcogen comprises sulfur.” Thus, claim 3 characterizes the presence of sulfur as optional while incorporating a limitation requiring sulfur.
Additionally, claim 3 introduces “a chalcogen” in its loading limitation without clearly identifying whether this is the sulfur-containing chalcogen inherited from claim 2 or an additional chalcogen. Consequently, it is unclear whether the stated loading applies to the sulfur-containing chalcogen required by claim 2 or to a separately introduced chalcogen that may or may not comprise sulfur. These alternative readings leave the identity of the material subject to the loading limitation uncertain.
Applicant is required to clarify the relationship between the chalcogen recited in claim 3 and that required by claim 2, and to resolve the inconsistent characterization of sulfur as optional.
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xie et al., “Fabrication of a novel TiO₂/S composite cathode for high performance lithium–sulfur batteries,” RSC Advances, Vol. 5, Pgs. 77348–77353, published September 8, 2015 (hereinafter “Xie”).
As to Claim 1:
Xie discloses a composition (a TiO₂/S composite prepared by mixing TiO₂ nanotubes with elemental sulfur and heating the mixture at 155°C for 10 hours in a sealed vessel under argon) (Xie, Pg. 77349, “Preparation of TiO₂/S composites”); comprising a chalcogen (the elemental sulfur incorporated into the TiO₂/S composite) (Xie, Pg. 77349); an 1Da (one-dimensional anatase material, corresponding to Xie’s anatase TiO₂ nanotubes; Xie identifies the nanotube morphology and reports X-ray diffraction peaks indexed to anatase TiO₂, with the nanotubes and resulting sulfur-containing composites characterized in Figures 2–4) (Xie, Pgs. 77349–77350); and optionally a conductive material (Xie’s electrode formulation includes acetylene black, with the TiO₂/S composite, acetylene black, and polyvinylidene fluoride mixed at a weight ratio of 70:20:10) (Xie, Pg. 77349, “Electrochemical measurements”).
For purposes of this rejection, “1Da” is interpreted consistently with Applicant’s specification, paragraph [0007], as a one-dimensional anatase material, and paragraph [0010], which expressly identifies nanotubes as a possible form of 1Da. Accordingly, Xie’s disclosed anatase TiO₂ nanotubes satisfy this limitation.
As to Claim 2:
Xie discloses the composition of claim 1 (see the rejection of claim 1 above); wherein the chalcogen comprises sulfur (Xie expressly discloses mixing elemental sulfur with TiO₂ nanotubes and heating the mixture to prepare the TiO₂/S composite) (Xie, Pg. 77349, “Preparation of TiO₂/S composites”).
As to Claim 3:
Xie discloses the composition of claim 2 (see the rejection of claim 2 above); wherein the composition comprises a chalcogen present at a loading of from about 0.05 to about 150 mg chalcogen per cm² (Xie expressly discloses an areal sulfur loading of approximately 1.1 mg/cm², which falls within the claimed range) (Xie, Pg. 77349, “Electrochemical measurements”); optionally from about 1 to about 20 mg chalcogen per cm² (the disclosed sulfur loading of approximately 1.1 mg/cm² also falls within this narrower range) (Xie, Pg. 77349); and the chalcogen optionally comprising sulfur (Xie expressly uses elemental sulfur to prepare the TiO₂/S composite) (Xie, Pg. 77349, “Preparation of TiO₂/S composites”).
As to Claim 4:
Xie discloses the composition of claim 1 (see the rejection of claim 1 above); wherein the 1Da comprises titanium oxide and/or titanium carbo-oxide (Xie discloses TiO₂ nanotubes incorporated into a sulfur-containing composite and identifies their crystal structure as anatase TiO₂ through X-ray diffraction, thereby satisfying the titanium oxide alternative of the limitation) (Xie, Pg. 77349, “Preparation of TiO₂/S composites” and “Characterization of prepared TiO₂ nanotubes and TiO₂/S composites”; Pg. 77350, Fig. 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/ Primary Examiner, Art Unit 1723
