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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/10/2026 has been entered.
Status of Claims
Claim 1 is amended. Claims 2, 4-6 & 21 are canceled. Claims 9-20 are withdrawn from consideration. Claims 1, 3, 7-8 & 22-24 are currently pending.
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 1, 3, 7-8 & 22-24 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 recites the broad recitation “lithium oxynitrides”, and the claim also recites “such as material based on lithium phosphorus or boron oxynitrides, respectively called LiPON and LiBON, also able to contain… and boron for the material based on lithium phosphorus oxynitrides” which is the narrower statement of the range/limitation. Claim 1 also recites the broad recitations “LiBSO type”, “lithium silicates” and “anti-perovskite type” and further recites narrower classes of compounds within the broader recitations. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claims 3, 7-8 & 22-24 are rejected as being dependent on claim 1.
Response to Arguments
Applicant’s arguments, see pages 2-4 of Applicant’s Remarks, filed 03/10/2026, with respect to claims 1, 3, 7-8 & 22-24 have been fully considered and are persuasive. The 35 U.S.C. 103 rejection of claims 1, 3, 7-8 & 22-24 has been withdrawn.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BARBARA GILLIAM can be reached on (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727