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 .
This action is responsive to the amendment filed on July 28, 2025.
Claims 1-14 are pending. Claims 7-14 are withdrawn. Claims 1-3 are currently amended.
Claim 2 stands rejected under 35 U.S.C. 112(b).
The rejection of claims 1-5 under 35 U.S.C. 102(a)(1) as being anticipated by Lim et al is withdrawn in view of Applicants amendment.
The rejection of claim 6 under 35 U.S.C. 103 as being unpatentable over Lim et al in view of Yokoyama is withdrawn in view of Applicants amendment.
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.
Claim 2 is 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 “corresponds to a reference” and “0.90 times of the reference and less than or equal to 1.20 times of the reference”; this is unclear and renders the claim indefinite. It is unclear what the “reference” is.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al (US Patent Application 2019/0084887).
Regarding claims 1, 3-6, Yamamoto et al teaches a precursor solution comprising butanol, lithium nitrate and antimony tri-n-butoxide (Paragraph 116).
Yamamoto et al teaches the features of the instant claims; hence, Yamamoto et al anticipates the claims.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ozawa et al (Preparation of LiSbO3 Thin Films from Metal Alkoxides).
Regarding claims 1-4, Ozawa et al teaches producing LiSbO3 by mixing lithium propoxide, antimony propoxide, propanol and acetyl acetone to form a precursor solution (Experimental; Fig. 1).
Ozawa et al teaches the limitations of the instant claims; hence, Ozawa et al anticipates the claims.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Ozawa et al (Preparation of LiSbO3 Thin Films from Metal Alkoxides) as applied to claims 1-4 above, and in further view of Yokoyama (US Patent Application 2020/0127326 (already of record)).
Regarding claims 5-6, Ozawa et al discloses the invention substantially as claimed. Ozawa et al teaches the features above. However, Ozawa et al fails to specifically disclose lithium nitrate and butanol.
In the same field of endeavor, Yokoyama teaches a battery wherein a precursor solution is formed by dissolving metal salts or alkoxides with a solvent, including ethanol, butanol and propanol with a lithium compound including lithium propoxide and lithium nitrate (Paragraphs 55-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted lithium nitrate in butanol in the solution of Ozawa et al in view of Yokoyama in order to form the LiSbO3 compound. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07. Likewise, simple substitution of one known lithium salt and alcohol solvent for another lithium salt and alcohol solvent would have only been obvious to the ordinary artisan.
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/TANISHA DIGGS/Primary Examiner, Art Unit 1761 August 8, 2025