2020003720 (P.T.A.B. Jun. 2, 2021)

KING ABDULLAH UNIVERSITY OF SCIENCE AND TECHNOLOGY

Patent Trials and Appeals BoardJun 2, 2021

2020003720 (P.T.A.B. Jun. 2, 2021)

UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 15/772,165 04/30/2018 Lain-Jong LI 0338-183-2/2015-145-04 8396 144099 7590 06/02/2021 Patent Portfolio Builders, PLLC 754 Warrenton Road Suite 113-314 Fredericksburg, VA 22406 EXAMINER ALEJANDRO, RAYMOND ART UNIT PAPER NUMBER 1727 NOTIFICATION DATE DELIVERY MODE 06/02/2021 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): Mailroom@ppblaw.com eofficeaction@appcoll.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LAIN-JONG LI and JUN MING Appeal 2020-003720 Application 15/772,165 Technology Center 1700 Before CATHERINE Q. TIMM, JEFFREY B. ROBERTSON, and CHRISTOPHER C. KENNEDY, Administrative Patent Judges. TIMM, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–13. See Final Act. 1. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. 1 “Appellant” refers to “applicant” as defined in 37 C.F.R. § 1.42. Appellant identifies the real party in interest as King Abdullah University of Science and Technology. Appeal Br. 2. Appeal 2020-003720 Application 15/772,165 2 CLAIMED SUBJECT MATTER The claims are directed to a lithium-sulfur battery with a dual blocking layer. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A battery, comprising: an anode; an electrolyte located next to the anode; a dual blocking layer that includes graphite and Li4Ti5O12; and a cathode comprising sulfur, wherein the dual blocking layer is located between the electrolyte and the cathode, wherein the dual blocking layer is disposed on the cathode. Appeal Br. 14 (Claims Appendix). The only other independent claim, claim 9, is somewhat broader than claim 1. Claim 9 requires the dual blocking layer include a conductive material and a lithium storage medium and is not limited to the combination of graphite and Li4Ti5O12. Appeal Br. 15 (Claims Appendix). REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Inagaki US 9,325,002 B2 Apr. 26, 2016 Zhang US 2013/0309572 A1 Nov. 21, 2013 Theuerkauf US 2017/0250398 A2 Aug. 31, 2017 REJECTION Claims 1–13 are rejected under 35 U.S.C. § 103 as being unpatentable over Zhang and either: (a) Inagaki and/or (b) Theuerkauf. Final Act. 3. Appeal 2020-003720 Application 15/772,165 3 OPINION The Examiner’s rejection is based on the finding of a suggestion within either or both of Inagaki and Theuerkauf for including the lithium storage medium, Li4Ti5O12, in Zhang’s non-electroactive conductive layer 12. Final Act. 6–7. We agree with Appellant that the Examiner has failed to provide “sufficient evidence to support the conclusion that one skilled in the art would have modified Zhang’s non-electroactive conducting layer to include the electroactive layer of Inagaki or Theuerkauf.” Reply Br. 1. Zhang discloses a dual-layer structured sulfur cathode that comprises (a) an electroactive layer, and (b) a non-electroactive conductive layer. Zhang ¶ 5. Figure 1 depicts a dual-layer structured cathode with sulfur- containing electroactive layer 11 and non-electroactive conductive layer 12. Zhang ¶ 20. Zhang differentiates the materials of layers 11 and 12. Specifically, Zhang discloses using a lithium sulfur compound as the electroactive material of electroactive layer 11 and using carbon or metal conductive materials in non-electroactive conductive layer 12. Zhang’s genus of layer 12’s carbon and metal conductive compounds is limited to “one or more conductive materials selected from the group consisting of conductive carbons, active carbons, carbon fibers, carbon nanotubes, carbon cloth, graphites, metal powders, metal fibers, and metal nanotubes.” Zhang ¶ 31. Zhang does not convey that lithium-containing materials would be useful in non-electroactive conductive layer 12. Zhang’s use of the terms “electroactive” and “non-electroactive” shows that Zhang intends the materials of the layers to be different. Plus, the listing of lithium sulfur- containing materials as the material of electroactive layer 11, while listing carbon and metal conductive materials as the non-electroactive material of Appeal 2020-003720 Application 15/772,165 4 non-electroactive conductive layer 12, provides evidence that materials containing lithium were not envisioned for use in non-electroactive conductive layer 12. Inagaki and Theuerkauf both disclose that Li4Ti5O12 is electroactive and intended as a lithium storage medium. See Inagaki col. 6, ll. 56–64 (describing Li4Ti5O12 for use as another active material with a niobium composite oxide as a “battery active material”); Theuerkauf ¶ 23 (defining “active material” as including Li4Ti5O12). Thus, Inagaki and Theuerkauf do not provide evidence that the ordinary artisan would have used this lithium- containing material, or any other lithium storage medium, in Zhang’s non- electroactive conductive layer. We agree with Appellant that the Examiner reversibly erred in the finding a suggestion to modify Zhang’s non-electroactive conductive layer based on the teachings of Inagaki and/or Theuerkauf. The error permeates the rejection of all the claims. CONCLUSION The Examiner’s decision to reject claims 1–13 is reversed. Appeal 2020-003720 Application 15/772,165 5 DECISION SUMMARY Claim(s) Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–13 103 Zhang, Inagaki 1–13 1–13 103 Zhang, Theuerkauf 1–13 1–13 103 Zhang, Inagaki, Theuerkauf 1–13 Overall Outcome 1–13 REVERSED