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 .
Claims 1-12 are pending in the application.
Election/Restrictions
Claims 13-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/14/2026.
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.
Claims 2 and 8 are 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 2 recites “covering material is present…opposed sides of the exposed portion”, it is unclear how covering material is present on the exposed portion rendering the claim vague and indefinite.
Claim 8 recites “covering material is constructed as a support that supports an electrode active material”, it is unclear if the electrode active material is being actively recited as a component of the claimed carbon material or directed to an intended use of the covering material rendering the claim vague and indefinite.
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 1, 2, 4, 6 and 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Akio (JP 2021172544 A, for prior art discussion see cited machine translation).
Regarding claim 1, Akio discloses a carbon material comprising fibrous carbon (vapor phase carbon fiber, ref. 21, figure 2) and a covering material (metal oxide) that covers portions of the fibrous carbon (para. 0016). Akio discloses metal oxide layer (ref. 22, figure 2) which covers the surface of the carbon fiber in a sea-island patten at a coverage of 20 % to 80% (para. 0016, figure 2) thus meeting the limitation the fibrous carbon has an exposed portion in which a part of the fibrous carbon is exposed from the covering material.
Regarding claim 2, Akio discloses the coating layer (metal oxide layer ref. 22) forms island shape and the exposed region forming the “sea” (para. 0019-0020, figure 2) in between. Each covered region (island) between the exposed region is bordered by exposed region (figure 2). Akio therefore discloses covering material is present on opposed sides of the exposed portion.
Regarding claim 4, Akio discloses the fibrous carbon is a carbon nanofiber by disclosing the fiber diameter are preferably from 10-500 nm (para. 0028).
Regarding claim 6, Akio discloses particulate conductive aid include carbon black, acetylene black, and Ketjen black may be partially or entirely embedded in the metal oxide layer (para. 0035-0037). Therefore, a covering material in which a particulate conductive aid as discussed above is partially or entirely embedded is a material containing carbon.
Regarding claim 10, Akio discloses an electrode comprising the composite (fibrous carbon with a covering material) (para. 0013, 0057).
Regarding claim 11 and 12, Akio discloses a secondary battery comprising of a solid electrolyte layer formed between the positive electrode and the negative electrode and Akio further discloses either one or both of the negative electrode and the positive electrode contain the composite material (para. 0057).
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, 4-6 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN103500820B, for prior art discussion see cited machine translation) in view of Akio (JP 2021172544 A, for prior art discussion see cited machine translation).
Regarding claim 1, Zhang discloses carbon material comprising: fibrous carbon (carbon nanotube, para. 0011, abstract); and a covering material (porous carbon, para. 0011)
Zhang fails to disclose that the covering material covers portions of the fibrous carbon such that the fibrous carbon has an exposed portion in which a part of the fibrous carbon is exposed from the covering material.
Akio discloses a carbon material comprising fibrous carbon (vapor phase carbon fiber, ref. 21, figure 2) and a covering material (metal oxide) that covers portions of the fibrous carbon (para. 0016). Akio discloses metal oxide layer (ref. 22, figure 2) which covers the surface of the carbon fiber in a sea-island patten at a coverage of 20 % to 80% (para. 0016, figure 2) thus meeting the limitation the fibrous carbon has an exposed portion in which a part of the fibrous carbon is exposed from the covering material. Akio further discloses the coverage is 80% or less, preferably 70% or less, and more preferably 65% or less. When the coverage is 80% or less, a sufficiently large number of electron conduction paths in the vicinity of the surface of the composite material (I) can be maintained (para. 0019).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the covering material of Zhang to have exposed portion and have a coverage area as taught by Akio. One of ordinary skill in the art would have been motivated to have exposed portion of the fibrous carbon to maintain the electron conduction paths in the vicinity of the surface of the composite material.
Regarding claim 2, Zhang fails to disclose the covering material is present on opposed sides of the exposed portion.
Akio discloses the coating layer (metal oxide layer ref. 22) forms island shape and the exposed region forming the “sea” (para. 0019-0020, figure 2) in between. Each covered region (island) between the exposed region is bordered by exposed region (figure 2). Akio therefore discloses covering material is present on opposed sides of the exposed portion. The sea-island structure disclosed by Akio gives sufficiently large number of electron conduction paths in the vicinity of the surface of the composite material (I) can be maintained (para. 0019).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the covering material of Zhang to have exposed portion and have a coverage area as taught by Akio. One of ordinary skill in the art would have been motivated to have exposed portion of the fibrous carbon to maintain the electron conduction paths in the vicinity of the surface of the composite material.
Regarding claim 4, Zhang discloses a carbon nanotube as the fibrous carbon (para. 0011).
Regarding claim 5, Zhang discloses the covering material is porous (para. 0011).
Regarding claim 6, Zhang discloses polydopamine film on the surface of the carbon nanotubes and since polydopamine has carbon as it constituting element the covering material is a material containing carbon (para. 0011-0012, 0017).
Regarding claim 8 and 9, Zhang discloses a cathode active material is composed of a porous carbon-coated carbon nanotube composite carbon material with micro-nano structure and elemental sulfur (para. 0011). Zhang further discloses the covering material is a porous carbon structure with interconnected micropores and elemental sulfur is dispersed and loaded in the pores inside the porous carbon-coated carbon nanotube composite carbon material and in the pore structure of the nanoporous carbon structure on its surface (para. 0015). The instant specification defines the term “support” as used herein intends that the electrode active material is contained in the covering material by a chemical bond or a physical bond (instant application, para. 0037). Therefore Zhang discloses the limitation supporting an electrode active material contains sulfur and electrode active material contains sulfur.
Regarding claim 10 and 11, Zhang discloses using the coated carbon nanotubes as an electrode – cathode in a lithium -sulfur battery (para. 0030-0032).
Regarding claim 12, Zhang fails to disclose a secondary battery of coated carbon material as a negative electrode.
Akio discloses a secondary battery comprising of a solid electrolyte layer formed between the positive electrode and the negative electrode and Akio further discloses either one or both of the negative electrode and the positive electrode contain the composite material (para. 0057). Akio further discloses in an all-solid-state lithium ion secondary battery using where coated carbon material is an electrode layer, a high capacity and favorable rate characteristics are obtained (para. 0018).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use the coated fibrous carbon of Zhang as a negative electrode in a battery as taught by Akio. One of ordinary skill in the art would have been motivated to use the coated fibrous carbon material to attain high capacity and better rate characteristics.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over in view of Zhang et al. (CN103500820B, for prior art discussion see cited machine translation) in view of Akio (JP 2021172544 A, for prior art discussion see cited machine translation) as applied to claim 1 and further in view of Shanov (US PG Pub. 2013/0316172 A1).
Zhang and Akio are relied upon as discussed above.
Zhang and Akio fails to disclose a part of the exposed portion is bent.
Shanov discloses a coating carbon nanotube with a polymer (para. 0007) covering at least a portion of the surface of the carbon nanotube (para. 0008). Shanov discloses the coating may be partial to a complete coating of the external surface of an elongate and the extent of coverage necessary to establish complete coverage may be dependent on the particular use (para. 0071). Shanov discloses the resulting carbon nanotube is wound onto a cylindrical take-up spool ( para. 0049, figure 8) and in a disclosed example coated CNT ribbon was concurrently twisted to form a coated CNT thread (para. 0076). Shanov discloses a completely coated CNT strand is isolated electrically from one another laterally (para. 0044) . Shanov therefore identifies loss of lateral electrical contact between adjacent fibers when the fibers are covered completely, so teaches leaving portions of the fiber uncoated as the alternative (para. 0058). Shanov teaches that partially coated threads can be twisted or spun into the multithreaded coated yarn (para. 0058). Winding or twisting the partially coated CNT elongate around the spool necessarily causes portions of the elongate to assume a bent configuration. Such a configuration would predictably result in at least a portion of an exposed region of the fibrous carbon being bent. Shanov discloses a CNT thread is one or more CNT ribbons that have been mechanically converged and/or physically compressed into intimate contact and held together both by van der Waals forces and other mechanical or chemical forces (0029) and compaction can be promoted by twisting or spinning of the threads around the common axis (para. 0036).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify a part of the exposed portion of carbon material of modified Zhang as taught by Shanov. One of ordinary skill in the art would have been motivated for a part of the exposed portion of carbon material to be bent in order to be mechanically converged and/or physically compressed into intimate contact and compaction of the fibrous carbon.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN103500820B, for prior art discussion see cited machine translation) in view of Akio (JP 2021172544 A, for prior art discussion see cited machine translation) as applied to claim 1 and 6 above, and further in view of Shi (Activated carbon-Coated…).
Zhang and Akio are relied upon as discussed above.
Zhang and Akio fails to disclose the carbon is activated carbon.
Shi discloses activated carbon coated multiwalled carbon nanotubes (page 1290, col.1, para. 4). Shi discloses nitrogen doped activated carbon coated multiwalled carbon nanotubes shows excellent electrochemical performance (abstract) and attributed to larger surface area (page. 1293, col. 1, para. 1, page. 1291, col. 1, para. 1).
It would have been obvious to one of ordinary skill in the art at the time of the invention to use activated carbon as the carbon containing covering material of Zhang as taught by Shi. One of ordinary skill in the art would have been motivated to use activated carbon as the covering material to increase surface area and thereby improve electrochemical performance.
Conclusion
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/I.M./
Iswarya MathewExaminer, Art Unit 1788
09/23/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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