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 with traverse of Invention I, claims 1-18, and Species A1- Example 11 shown at Tables 5 of the instant specification, in the reply filed on 1/16/2025 is acknowledged. The traversal is on the ground(s) that there would not be a serious burden because the subject matter of all claims and species is sufficiently related that a thorough search for the subject matter of any one Group of claims and species would encompass a search for the subject matter of the remaining claims and species. This is not found persuasive because lack of unity of invention as discussed in the OA mailed 10/21/2024 and the inventions/species appear to require different search strategies absent evidence to the contrary. Further, Applicant does not provide arguments on the merit for reasons provided in the Restriction Requirement mailed 10/21/2024 except for citing MPEP803. Since the instant application is submitted under 35 U.S.C. 371, MPEP 1850 (PCT Rule 13-Unit of Invention) applies.
However, the search for elected species A1 also uncovered species A35-A49 when G= lanthanide (Examples 45-59 of Table 6), in one of the references Yushin (US 20170170515 A1). Therefore, the species A35-A49, are rejoined. Since Yushin discloses G= lanthanides which are trivalent elements; and D can be O, Se, or Te, claims 4 and 13-14 are also rejoined. Claims 2-3, 5-7, and 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Inventions/Species, there being no allowable generic or linking claim.
Applicant timely traversed the restriction (election) requirement in the reply filed on 1/16/2025.
Thus, the restriction requirement is still deemed proper and is therefore made FINAL.
Status of Application
Claims 1 and 17 are amended, submitted on 12/15/2025 and 12/16/2025, respectively. Claims 1, 4, 8-18 are presented for examination.
The English translation of Japan Patent Application No. JP 2019-145665 submitted on 12/15/2025 is acknowledged to provide support under 35 USC § 112 to the claims as currently presented. The claimed foreign priority has been perfected, and the effective filing date of the instant application is the filing date of the Japan Patent Application No. JP 2019-145665 filed on August 7, 2019.
Claim Rejections - 35 USC § 103
1. 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.
2. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
3. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
4. Claims 1, 4, 8-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yushin (US 20170170515 A1).
Regarding claims 1, 4, and 8-16, Yushin discloses a solid electrolyte composition Liz1Mz2Lnz3(Ox1-Sx2)z4(Iy1-Bry2-Cly3-Fy4)z5Nz6 [Eq. 6] with M is with the effective (average) valence m, selected from Sn, Zr, Hf among other metal or semimetal element, O is oxygen, S is sulfur, selenium, or tellurium, or their mixture, Ln is Lanthanide (such as lanthanum (La), cerium (Ce), neodymium (Nd), samarium (Sm), or gadolinium (Nd), among others or their mixtures); and where x1+x2=1; y1+y2+y3+y4=1; z1+(z2)*m+(z3)*3=(z4)2+z5+(z6)*3; and 1<z1<24, 0≤z2<8, 0<z3,8, 0<z4,12, 0<z5<24, and 0≤z6<8 ([0044]).
Since Yushin’s [Eq. 6] does not require nitrogen N (z6 can be 0); Ln is lanthanide which corresponds to a trivalent element G in the claim, and when M is selected to be Zr with valence m=4, Yushin’s Eq. 6 encompasses at least Examples 45-59 as listed in Tables 6-7 on P38-39 of the instant disclosure, rendering claims 1, 4, and 8-16 obvious.
Regarding claim 17, Yushin discloses all of the limitations as set force above. Yushin does not explicitly disclose the limitation as claimed.
However, Yushin further discloses the electrolyte composition to be tuned in such a way as for the electrolyte to exhibit ionic conductivity in the range from around 0.05 S cm-1 to around 0.00005 S cm-1 at 30 °C; in some applications, it may be advantageous for the z5:z1 ratio in this electrolyte to be more than 0.1; and in some designs, it may be advantageous for this electrolyte to exhibit an atomic ratio of F to all other halides (F: sum of (Br, Cl and I) above 1:100, or in some cases, above 1:20 ([0044]), which means the molar ratio of LiF to the sum of AX (X=Br+Cl+I) can be adjusted between a range of 1% to 5% in molar ratio, rendering obvious an addition of extra 1% in molar of LiF and still being within above molar ratio 1% to 5% range.
Since F is a lighter element than X (X=Br+Cl+I) but also more than 10% in element weigh compare to that of X (X=Br+Cl+I), it would have been obvious to a skilled artisan before the effective filing date of the claimed invention to envision that a range of 0.1 to 1.0 mass% of LiF can be further added into the solid electrolyte of claim 1; in order to adjust ionic conductivity according to application needs within the range from around 0.05 S cm-1 to around 0.00005 S cm-1 at 30 °C, thus arriving at the claimed further comprising 0.1 to 1.0 mass% of LiF.
Regarding claim 18, Yushin discloses all of the limitations as set force above. Yushin further discloses a solid electrolyte layer (separation membrane 201, [0062] and FIG. 2A) comprising: the solid electrolyte according to claim 1 (solid electrolyte 204, [0062] and FIG. 2A).
Response to Arguments
6. Applicant’s amendments and remarks submitted on December 15 and 16, 2025 have been fully considered. They are persuasive and moot in view of the new ground of rejection.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAN LUO whose telephone number is (571)270-5753. The examiner can normally be reached 8:00AM -5:00PM ET. ET.
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/K. L./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 1/28/2026