CTFR 17/664,359 CTFR 96203 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1 & 2 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (US20170250447) (provided in Applicant’s IDs filed on September 2th, 2022) in view of Iyer (US20100156353) (provided in Applicant’s IDs filed on September 2th, 2022) further in view of Zhang (JPWO2020022142, see US National Stage Entry, US20210253602) . Regarding Claim 1-2, Jiang discloses a method for producing a battery ([002]), wherein the battery comprises a cathode comprising a cathode layer (Fig. 6, cathode layer-610, [0060]), an anode comprising an anode current collector (Fig. 6, anode layer-606, anode current collector-602, [0060]) and an anode layer (anode layer-606, [0060]), and a solid electrolyte layer disposed between the cathode layer and the anode layer (separator contains an electrolyte which can be a solid electrolyte-[0080],[0085],Fig. 6, separator with electrolyte-608 placed between anode layer-606 and cathode layer-610, [0060]); wherein the anode layer contains, as an anode active material, an alloy of lithium metal and a magnesium metal (lithium based anode electrode can be Li-Mg alloy, [0064]); and the method comprising: forming a metal layer containing a magnesium metal on one surface of the anode current collector or on one surface of the solid electrolyte layer (anode active material coated on current collector, [0045], [0062]), forming a battery precursor comprising the anode current collector ([0062]), the Mg metal layer (anode acts as Mg metal layer, [0064]), the solid electrolyte layer (separator acting as solid electrolyte, [0080]) and a cathode layer in this order (Fig. 6 shows order of anode current collector-602, anode active electrode-606 acts as Mg metal layer, separator-608 acts as solid electrolyte layer), the cathode layer containing a cathode active material containing a lithium element (LiCoO2 can be cathode active material, [0045]) Examiner notes that Jiang discloses that the battery disclosed can use a solid electrolyte ([0080], [0085]), and that electrode layers are dried to make condensed electrodes ([0091]). Therefore, it is the examiner’s position that because Jiang teaches the use of all solid components, the all-solid battery features are met and Jiang’s disclosure discloses an all-solid battery. Jiang does not directly disclose that the lithium-magnesium metal alloy is a single β-phase alloy. Iyer teaches that Li-Mg alloys change their crystal structure from hexagonal to cubic when the lithium wt% is greater than 8.5%, and that beyond this composition the alloy system is isomorphous as a single β-phase alloy ([0042]). Iyer further teaches that the use of this Li-Mg alloy can advantageously minimize crystallographic expansion during the charging process ([0042]). Furthermore, it appears based upon the disclosure of Iyer, that the composition of Jiang, with the percentage of Lithium between 90 to 99 mass percent, based on the teachings of Iyer would provide a single β-phase alloy of lithium and magnesium. Therefore, it would be obvious to one of ordinary skill in the art to use Jiang’s disclosure with the teachings of Iyer to have a single β-phase alloy of lithium and magnesium for the anode material. This anode would yield the expected result of minimized crystallographic expansion during the charging process. Jiang does not directly state that a lithium metal precipitation-dissolution reaction is used as an anode reaction. Jiang discloses an anode current collector can be a copper foil ([0045], [0051]). The instant specifications state that the anode current collector can be formed from copper. Jiang further discloses that the anode active material layer that is formed from a Li-Mg metal alloy ([0064]). The instant specifications state the anode active material layer is formed from a Li-Mg alloy. Jiang further discloses that the solid electrolyte can be a lithium halide ([0085]). The instant specifications state the solid electrolyte can be a lithium halide. Jiang further discloses that the cathode active material can be LiCoO2 ([0045]). The instant specifications state that the cathode active material can be LiCoO2. Therefore because the limitation of a lithium metal precipitation-dissolution reaction used as an anode reaction is an intended use limitation, it is the examiner’s position that because the components related to the anode reaction of the Jiang disclosure such as the anode current collector, anode active material layer, cathode active material layer, and solid electrolyte material, that the anode reaction is inherently goes through a lithium metal precipitation-dissolution reaction and would therefore be obvious for one of ordinary skill in the art to use a lithium precipitation dissolution reaction as the anode reaction. Jiang disclose charging the battery precursor to form the Mg metal layer into a Li-Mg alloy layer (anode electrode is formed through charging of anode active material, [0056]), but does not disclose charging and discharging the battery precursor multiple times to form the Mg metal layer into a Li-Mg alloy layer containing a single β-phase alloy of lithium metal and a magnesium metal. Iyer teaches that Li-Mg alloys change their crystal structure from hexagonal to cubic when the lithium wt% is greater than 8.5%, and that beyond this composition the alloy system is isomorphous as a single β-phase alloy ([0042]). Iyer further teaches that the use of this Li-Mg alloy can advantageously minimize crystallographic expansion during the charging process ([0042]). Zhang discloses a negative anode that can be made from a lithium metal containing alloy ([0261]). Zhang further discloses wherein the battery precursor is subjected to multiple cycles of charging and discharging ([0325]). Zhang teaches this method allows for reducing the internal resistance of the battery ([0326]). Therefore it would be obvious to one of ordinary skill in the art to modify the method of Jiang with the teachings of Iyer and Zhang to include charging and discharging the battery precursor multiple times to form the Mg metal layer into a Li-Mg alloy layer containing a single β-phase alloy of lithium metal and a magnesium metal. This modified method would yield the expected results of reducing the internal resistance of the battery. Jiang does not directly disclose wherein the battery precursor is fully discharged and a-phase allow of a lithium metal and a magnesium metal having a lithium percentage of 81.80 atomic % or more and 96.80 atomic% or less when the battery precursory is fully charged. However, Jiang discloses wherein the percentage of the lithium element in the alloy is 81.80 atomic % or more and 99.97 atomic % or less when the battery precursor is fully charged (lithium mass% in Li-Mg alloy is preferably 90 to 99.9 %, [0064], which substantially overlaps instant claims 1 & 2 atomic % range of 81.80 to 96.80%, but Jiang does not directly disclose that the above percentage is obtained through charging and discharging of the battery precursor. However, the examiner notes that Jiang in view of Zhang teaches charging and discharging the battery precursor for the benefit of reducing internal resistance of the battery. Furthermore, Jiang already discloses that the lithium element in the alloy is 81.8 % atomic or more and 96.80 atomic % or less when battery is fully charged. Iyer teaches that Li-Mg alloys change their crystal structure from hexagonal to cubic when the lithium wt% is greater than 8.5%, and that beyond this composition the alloy system is isomorphous as a single β-phase alloy ([0042]). Iyer further teaches that the use of this Li-Mg alloy can advantageously minimize crystallographic expansion during the charging process ([0042]). Therefore, in combination it would be obvious to one of ordinary skill in the art to use modified Jiang with the teachings of Iyer Zhang to have wherein the battery precursor is fully discharged and a-phase allow of a lithium metal and a magnesium metal having a lithium percentage of 81.80 atomic % or more and 96.80 atomic% or less when the battery precursory is fully charged. Regarding Claim 6, Jiang in view of Iyer further in view of Zhang discloses the limitations as set forth above. Jiang further discloses wherein the cathode active material can be a lithium metal ([0091]) . 07-21-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang (US20170250447) (provided in Applicant’s IDs filed on September 2th, 2022) in view of Iyer (US20100156353) (provided in Applicant’s IDs filed on September 2th, 2022) further in view of Zhang (JPWO2020022142, see US National Stage Entry, US20210253602) further in view of Kaseyama (JPWO2020090343, see US National Stage Entry, US20220037655, for citations) . Regarding Claim 5, Jiang in view of Iyer further in view of Zhang discloses the limitations as set forth above. Jiang does not disclose that the thickness of the Mg metal layer is from 100 nm to 1000nm. Kaseyama discloses an anode active material that is made from a Li-Mg metal alloy ([0019]). Kaseyama further discloses wherein the thickness of the active material layer is 0.01 um to 1000 um ([0140]), which overlaps the instant claim 5 range of 100 nm to 1000 nm. Kaseyama teaches that this range balances the required mechanical, electrical and thermal properties of the electrode. Therefore it would be obvious to one of ordinary skill in the art to modify the Mg metal layer of Jiang with the teachings of Kaseyama to have a Mg metal with a thickness from 100 nm to 1000 nm . 07-21-aia AIA Claim s 7 & 8 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (US20170250447) (provided in Applicant’s IDs filed on September 2th, 2022) in view of Iyer (US20100156353) (provided in Applicant’s IDs filed on September 2th, 2022) further in view of Zhang (JPWO2020022142, see US National Stage Entry, US20210253602) further in view of Imanari (US20210028453) . Regarding Claim 7 & 8, Jiang in view of Iyer further in view of Zhang discloses the limitations as set forth above. Jiang discloses wherein the electrolyte can be made from sulfide based materials ([0085]), but is silent to the use of Li 2 S-P 2 S 5 as the material for the solid electrolyte layer and the use pf LiBr and LiI. Miara discloses a positive electrode with a positive active material comprising a lithium metal oxide ([008], [0084]). Miara further discloses a solid electrolyte that can be a sulfide based electrolyte formed of Li 2 S-P 2 S 5 and can include as salts LiBr and LiI ([0059-0060]). Miara teaches that the sulfide electrolyte of is known for high lithium ion conductivity ([0059]). Therefore it would be obvious to one of ordinary skill in the art to modify the electrolyte of Jiang with the teachings of Miara to have wherein the solid electrolyte includes Li 2 S-P 2 S 5 as the material for the solid electrolyte layer and the use pf LiBr and LiI. This modification would yield the expected results of high lithium ion conductivity . Response to Arguments 07-37 AIA Applicant's arguments filed June 23 rd , 2025 have been fully considered but they are not persuasive. Applicant argues that the combination of Jiang in view of does not disclose wherein the B-phase alloy of a lithium metal and a magnesium metal having a lithium percentage of 2.21 atomic % ro more 5.97 aotmic % or less when the battery precursor is fully discharged and a-phase allow of a lithium metal and a magnesium metal having a lithium percentage of 81.80 atomic % or more and 96.8 atomic 5 or less when the battery precursor is fully charged. Applicant argues that Jiang, Iyer and Zhang does not teach or suggest that the expected benefit of the instant invention of preventing lithium metal to migrate from the cathode to anode unevenly. Jiang discloses wherein the percentage of the lithium element in the alloy is 81.80 atomic % or more and 99.97 atomic % or less when the battery precursor is fully charged (lithium mass% in Li-Mg alloy is preferably 90 to 99.9 %, [0064], which substantially overlaps instant claims 1 & 2 atomic % range of 81.80 to 96.80%, but Jiang does not directly disclose that the above percentage is obtained through charging and discharging of the battery precursor. However, the examiner notes that Jiang in view of Zhang teaches charging and discharging the battery precursor for the benefit of reducing internal resistance of the battery. Furthermore, Jiang already discloses that the lithium element in the alloy is 81.8 % atomic or more and 96.80 atomic % or less when battery is fully charged. Jiang does not directly disclose wherein the battery precursor is fully discharged and a-phase allow of a lithium metal and a magnesium metal having a lithium percentage of 81.80 atomic % or more and 96.80 atomic% or less when the battery precursory is fully charged. However, Jiang discloses wherein the percentage of the lithium element in the alloy is 81.80 atomic % or more and 99.97 atomic % or less when the battery precursor is fully charged (lithium mass% in Li-Mg alloy is preferably 90 to 99.9 %, [0064], which substantially overlaps instant claims 1 & 2 atomic % range of 81.80 to 96.80%, but Jiang does not directly disclose that the above percentage is obtained through charging and discharging of the battery precursor. However, the examiner notes that Jiang in view of Zhang teaches charging and discharging the battery precursor for the benefit of reducing internal resistance of the battery. Furthermore, Jiang already discloses that the lithium element in the alloy is 81.8 % atomic or more and 96.80 atomic % or less when battery is fully charged. Iyer teaches that Li-Mg alloys change their crystal structure from hexagonal to cubic when the lithium wt% is greater than 8.5%, and that beyond this composition the alloy system is isomorphous as a single β-phase alloy ([0042]). Iyer further teaches that the use of this Li-Mg alloy can advantageously minimize crystallographic expansion during the charging process ([0042]). Therefore, in combination it would be obvious to one of ordinary skill in the art to use modified Jiang with the teachings of Iyer and Zhang to have wherein the battery precursor is fully discharged and a-phase allow of a lithium metal and a magnesium metal having a lithium percentage of 81.80 atomic % or more and 96.80 atomic% or less when the battery precursory is fully charged. Therefore, since Iyer teaches that the phase of the lithium metal alloy changes during charging and discharging based on lithium metal %, and Jiang in view of Zhang further in view of Iyer disclose the ranges of the instant claim language, that Jiang in view of Zhang further in view of Iyer discloses the limitations of claim 1. Applicant’s arguments are not commensurate in scope with the claim. Conclusion 07-40 AIA 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm. 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, Matthew Martin can be reached at 571-270-7871. 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. /ANKITH R SRIPATHI/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728 Application/Control Number: 17/664,359 Page 2 Art Unit: 1728 Application/Control Number: 17/664,359 Page 3 Art Unit: 1728 Application/Control Number: 17/664,359 Page 4 Art Unit: 1728 Application/Control Number: 17/664,359 Page 5 Art Unit: 1728 Application/Control Number: 17/664,359 Page 6 Art Unit: 1728 Application/Control Number: 17/664,359 Page 7 Art Unit: 1728 Application/Control Number: 17/664,359 Page 8 Art Unit: 1728 Application/Control Number: 17/664,359 Page 9 Art Unit: 1728 Application/Control Number: 17/664,359 Page 10 Art Unit: 1728 Application/Control Number: 17/664,359 Page 11 Art Unit: 1728
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