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 .
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 3/1/2024, 2/13/2025 and 10/1/2025 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith.
Drawings
3. The drawings were received on 3/1/2024. These drawings are acceptable.
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claim(s) 1, 4-7 and 9-10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Zhao et al (CN 105810915 B)
Regarding claim 1, Zhao discloses a positive electrode material for an electric device, comprising a positive electrode active material containing sulfur in the pores of a porous conductive material; and an electronic conductor, wherein the porous conductive material is a mesoporous carbon. Zhao teaches the mesoporous carbon spheres with sulfur in pores in direct contact with the C material and graphene, as electronic conductor, coating the surface of the mesoporous C/S composite and the size of the mesoporous carbon is 0.5-3 µm [Fig. 1-4; paragraph 0002, 0006-0054; claim 1].
Regarding claim 4, Zhao teaches graphene-coated sulfur-intercalated ordered mesoporous carbon sphere lithium-sulfur battery cathode materials, which further improves the performance of cathode materials [paragraph 0006, 0011, 0035].
Regarding claim 5, Zhao teaches graphene as electronic conductor, coating the surface of the mesoporous C/S composite [paragraph 0006, 0011, 0035].
Regarding claim 6, Zhao teaches that the size of the mesoporous carbon is 0.5-3 µm [paragraph 0052].
Regarding claim 7, Zhao teaches that the pore size of the porous conductive material is 5 nm or more [paragraph 0043].
Regarding claims 9-10, Zhao teaches an electric device comprising the positive electrode [paragraph 0004, 0051-0059].
7. Claim(s) 1, 4-6 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kim et al (EP 3783703 A1)
Regarding claim 1, Kim discloses a positive electrode material for an electric device, comprising a positive electrode active material containing sulfur in the pores of a porous conductive material; and an electronic conductor, wherein the porous conductive material is a porous carbon. Kim teaches that porous carbon material can be carbon black or activated carbon, sulfur in pores in surface and coating shell with a conductive carbon which can include CNTs, CNFs, carbon black or activated carbon among others. The size of the porous C particles is 10-50 µm, assuming a similar size as that of the porous C/S composite particles [Fig. 1; paragraph 0016-0019, 0025-0055; claim 6].
Regarding claim 4, Kim teaches that the carbon material of the coating improves electrical conductivity of the composite [paragraph 0038].
Regarding claim 5, Kim teaches CNTs, CNFs, as electronic conductor, coating the surface of the C/S composite [paragraph 0037].
Regarding claim 6, Kim teaches that the average primary particle size of the porous conductive material is 5 to 50 µm [paragraph 0055].
Regarding claim 8, Kim teaches that the amount of the electronic conductor is 1.99 mass% with respect to an amount of the positive electrode active material containing sulfur [paragraph 0109-0114].
Regarding claims 9-10, Kim teaches an electric device comprising the positive electrode [claims 9 and 11].
Regarding claim 11, Kim teaches that the electric device is an all solid lithium secondary battery [paragraph 0102].
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. 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.
11. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (EP 3783703 A1) as applied in claim 1 and further in view of Ariga et al (US 20220223920 A1).
Regarding claims 2-3, Kim remain silent that the positive electrode material further comprising an electrolyte in the pores of the porous conductive material. However, it is known in the art to utilize electrolyte in the pores of the porous conductive material wherein the electrolyte is a sulfide solid electrolyte as taught by Ariga [paragraph 0049]. Therefore, the claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art (KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007)) and an ordinarily skilled artisan would have recognized such a substitution without undue experimentation and with a reasonable expectation of success.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571) 272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MUHAMMAD S SIDDIQUEE/ Primary Examiner, Art Unit 1723
Prosecution Insights