DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 and 7-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites "the silicon particles have an ionic conductivity of 1x10Ionic conductivity of the solid electrolyte is discussed on page 15 lines 11-13 with a value of 1x10-5 S/cm or more however this is a distinct layer and material from the silicon active material/layer.
Response to Amendment
In view of the amendments to claims 5 and 13 the rejection of claims 5 and 13 under U.S.C. 112(b) is withdrawn.
In view of the amendment the rejection of claims 1-5 and 7-21 under U.S.C. 103 are withdrawn.
Response to Arguments
Applicant's arguments filed 07/29/2026 have been fully considered but they are not persuasive.
The examiner agrees Ohta does not disclose the silicon particles have an ionic conductivity of 1x10however the amendment of claim 1 does not comply with the written description requirement as discussed in the rejection of claim 1 and the claimed ionic conductivity could not be found in the specification or the Declaration submitted February 13, 2026.
The examiner also agrees that Ohta does not directly disclose the electronic conductivity of the silicon particles, as argued by the applicant and the Declaration, however this limitation is not present within the claims and is also not found in the instant specification. Furthermore, ionic and electronic conductivity are distinct properties of a material and evidence of the electronic conductivity value does not read on the claimed ionic conductivity.
Conclusion
THIS ACTION IS MADE FINAL. 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 KAREN J. ARMSTRONG whose telephone number is (703)756-1243. The examiner can normally be reached Monday-Friday 10 am-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.J.A./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 29 September 2026
