Prosecution Insights
Last updated: April 19, 2026
Application No. 18/014,849

METHOD OF PRODUCING SOLID ELECTROLYTE MEMBER

Final Rejection §103§112
Filed
Jan 06, 2023
Examiner
HIGGINS, KATHERINE NICOLE
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Mitsubishi Materials Corporation
OA Round
2 (Final)
58%
Grant Probability
Moderate
3-4
OA Rounds
3y 10m
To Grant
85%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
22 granted / 38 resolved
-7.1% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
45 currently pending
Career history
83
Total Applications
across all art units

Statute-Specific Performance

§103
57.9%
+17.9% vs TC avg
§102
18.5%
-21.5% vs TC avg
§112
20.1%
-19.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 38 resolved cases

Office Action

§103 §112
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 . Response to Amendment Applicant’s amendments filed October 29, 2025 have been entered. Claims 1, 10, and 12 have been amended; support for the amendments can be found at least in paragraphs [0021], [0022], [0024], [0029], and [0063]. Claims 1-12 remain pending and have been examined on their merits in this office action. Response to Arguments Applicant’s arguments filed October 29, 2025 have been fully considered but are considered moot in view of the new grounds of rejection below in view of Applicant’s amendments to the independent claim 1. Claim Rejections - 35 USC § 112 The previous 112 rejection in the Non-final Rejection dated July 29, 2025 has been withdrawn in view of Applicant’s amendments to claim 10. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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. 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. 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. Claims 1-6, 8-9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al. (EP 3407412 A1) in view of Sun et al. (KR 20210036543 A), hereinafter referred to as Schneider and Sun. Regarding claim 1, Schneider teaches methods for forming compositions comprising ionically conductive compounds (see e.g., paragraph [0001]) for a solid electrolyte layer in an electrochemical cell (“a method of producing a solid electrolyte member based on sulfide”) (see e.g., Abstract). Schneider teaches in the mixture of precursors, the elements Li, S, P, M, Q, and X are present either in elemental form or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may comprise at least two of Li2S, MSa, PbSc, QSd, Q, LiX, and S, wherein: a is 0-8; b is 0-2; c is 0-8, such that b+c is 1 or greater; and d is 0-3 (“the starting materials including elemental sulfur, and a non-sulfide raw material that is at least one of an element as an elemental substance other than sulfur that constitutes the solid electrolyte member, and a compound of elements other than sulfur that constitute the solid electrolyte member” and “wherein the non-sulfide raw material contains no elements other than elements except sulfur that constitute the solid electrolyte member, except inevitable impurities”) (see e.g., paragraph [0052]). Schneider teaches the mixtures of precursors may be mixed by ball milling prior to heating (“a preparation step of preparing an aggregate of starting materials”) (see e.g., paragraphs [0061] and [0147]), under an inert atmosphere (see e.g., paragraph [0225]), wherein the grinding of the plurality of particles is conducted at pressures of at least about 0.1 MPa (0.1 N/mm2) (“wherein in the preparation step, mixing, in an inert gas atmosphere, the starting materials such that a load applied in a shear direction is 0.1 N/mm2 or less, thereby preventing mechanical and chemical changes in the starting materials, to obtain an aggregate of the starting materials”) (see e.g., paragraph [0147]). Schneider teaches the mixture of precursors are heated (“a forming step of heating the aggregate of starting materials to form the solid electrolyte member”) (see e.g., paragraph [0144]). Schneider teaches heated to a temperature of greater than or equal to 500 °C (“in the forming step, heating the aggregate of the starting materials at a first heating temperature higher than a melting point of elemental sulfur for a predetermined time”) (see e.g., paragraph [0144]). Schneider does not explicitly teach after heating at a first heating temperature, heating at a second heating temperature higher than the first heating temperature. However, Sun teaches a solid electrolyte based on sulfide (see e.g., Abstract). Sun teaches the sulfide-based solid electrolyte comprises Li6P2S8Xn, wherein X is at least one of I, Br, and Cl, and n is 0.5 to 2 (see paragraph [0014]). Sun teaches steps of preparing the sulfide-based solid electrolyte comprises heating the powder in a predetermined first temperature range for a predetermined first time and heating the dried powder in a predetermined second temperature range for a predetermined second time (see e.g., paragraph [0013]), wherein the predetermined second temperature range is higher than that of the predetermined first temperature range (“after that, heating at a second heating temperature higher than the first heating temperature”) (see e.g., paragraphs [0037] and [0039]). Sun teaches as the sintering temperature increases, the ionic conductivity gradually increases, however, further increasing the sintering temperature may also result in a decrease in ionic conductivity; therefore, the second heating creates good particle boundary contact between particles while maintaining its ionic conductivity (see e.g., paragraph [0063]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the heating step of Schneider to include heating the powder at a predetermined first temperature range followed by a higher predetermined second temperature, as taught by Sun, in order to create good particle boundary contact between particles while maintaining its ionic conductivity (see e.g., paragraph [0063]). Regarding claim 2, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches in the mixture of precursors, the elements Li, S, P, M, Q, and X are present either in elemental form or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may be a mixture comprising LiX (X is Cl, Br), Si, Ge, Sn, Fe, P, and S (“wherein at the preparation step, all elements other than sulfur that constitute the solid electrolyte member are included in the non-sulfide raw material, the aggregate of starting materials is formed using only the elemental sulfur and the non-sulfide raw material as the starting materials, except inevitable impurities”) (see e.g., paragraph [0125]). Regarding claim 3, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches in the mixture of precursors, the elements Li, S, P, M, Q, and X are present either in elemental form or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may be a mixture comprising at least two of Li2S, MSa, PbSc, QSd, LiX, and S, and suitable precursors also include Li2S, P2S5, FeS, FeS2, SiS2, GeS2, Ga2S3, MgS, ZnS, SnS2, Si, Ge, Sn, Fe, S2, S4, P, LiCl, LiBr, and combinations thereof (“wherein at the preparation step, the elemental sulfur, the non-sulfide raw material, and a sulfide raw material that is a sulfide of an element other than elements contained in the non-sulfide raw material are used at the starting materials”) (see e.g., paragraph [0125]). Regarding claim 4, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches heated to a temperature of greater than or equal to 500 °C (“wherein at the forming step, the starting materials are heated at heating temperature of 400°C or higher and 1000°C or lower”) (see e.g., paragraph [0144]). It has been held in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art,” and because the temperate range of greater than or equal to 500 °C overlaps with the recited range, a “prima facie” case of obviousness exists (see MPEP 2144.05(l)). Regarding claim 5, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches the teaches the compound has a Formula (1): LixMyQwPzSuXt, wherein: M is selected from the group consisting of Na, K, Fe, Mg, Ag, Cu, Zr, and Zn, Q is absent or is selected from the group consisting of Cr, B, Sn, Ge, Si, Zr, Ta, Nb, V, P, Fe, Ga, Al, As, and combinations thereof, and wherein Q, when present, is different than M, X is absent or is selected from the group consisting of halide and pseudohalide, x is 8-22, y is 0.1-3, w is 0-3, z is 0.1-3, u is 7-20, and t is 0-8 (when w and t are 0, Schneider meets the claim limitation of “the solid electrolyte member is represented by LiaMbPcSd” and “where M is at least one element of groups 13, 14, and 15, and a, b, c, and d are numbers greater than 0” )(see e.g., paragraph [0008]). Schneider teaches in the mixture of precursors, the elements Li, S, P, and M are present either in elemental form (“the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, P as an elemental substance”) or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may comprise at least two of Li2S, MSa, PbSc, and S, wherein: a is 0-8; b is 0-2; c is 0-8, such that b+c is 1 or greater; and d is 0-3 (“a compound containing at least two selected from Li, M, and P”) (see e.g., paragraph [0052]). Regarding claim 6, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches the compound has a Formula (1): LixMyQwPzSuXt, wherein: M is selected from the group consisting of Na, K, Fe, Mg, Ag, Cu, Zr, and Zn, Q is absent or is selected from the group consisting of Cr, B, Sn, Ge, Si, Zr, Ta, Nb, V, P, Fe, Ga, Al, As, and combinations thereof, and wherein Q, when present, is different than M, X is absent or is selected from the group consisting of halide and pseudohalide, x is 8-22, y is 0.1-3, w is 0-3, z is 0.1-3, u is 7-20, and t is 0-8 (where w is equal to 0, Schneider meets the claim limitation of “the solid electrolyte member is represented by LiaMbPcSdHac” and “where M is at least one element of groups 13, 14, and 15, and Ha is at least one element of F, Cl, Br, and I, and a, b, c, d, and e are number greater than 0”) (see e.g., paragraph [0008]). Schneider teaches in the mixture of precursors, the elements Li, S, P, M, Q, and X are present either in elemental form or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may comprise at least two of Li2S, MSa, PbSc, LiX, and S, wherein: a is 0-8; b is 0-2; c is 0-8, such that b+c is 1 or greater; and d is 0-3 (“the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, P as an elemental substance, and a compound containing at least two selected from Li, M, P, and Ha”) (see e.g., paragraph [0052]). Schneider teaches a specific example of an X-ray diffraction measurement using a CuKα ray of Li12FeP2S12Cl2 in which there is approximately a diffraction peak at both position 27° and 29°, in which the relative intensity of the peak at 29° is double that of the peak at 27° (“has a peak at a position of 2θ=29.58±0.50° in X-ray diffraction measurement using a CuKα ray, when a diffraction intensity of the peak at the position of 2θ=29.58±0.50° in X-ray diffraction measurement using a CuKα ray is IA and a diffraction intensity at 2θ=27.33±0.50° in X-ray diffraction measurement using a CuKα ray is Ib, a value of IB/IA is less than 0.50”) (see e.g., Figure 7C). Regarding claim 8, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 5, as previously described. Schneider teaches the teaches the compound has a Formula (1): LixMyQwPzSuXt, wherein: M is selected from the group consisting of Na, K, Fe, Mg, Ag, Cu, Zr, and Zn, Q is absent or is selected from the group consisting of Cr, B, Sn, Ge, Si, Zr, Ta, Nb, V, P, Fe, Ga, Al, As, and combinations thereof, and wherein Q, when present, is different than M, X is absent or is selected from the group consisting of halide and pseudohalide, x is 8-22, y is 0.1-3, w is 0-3, z is 0.1-3, u is 7-20, and t is 0-8 (“wherein M is at least one element of Si, Ge, and Sn”)(see e.g., paragraph [0008]). Regarding claim 9, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches the ionically conductive compound having a composition as in formula (I) has argyrodite-type crystal structure (“the solid electrolyte member has a crystal phase of an argyrodite-type crystal”) (see e.g., paragraph [0011]). Schneider teaches the teaches the compound has a Formula (1): LixMyQwPzSuXt, wherein: M is selected from the group consisting of Na, K, Fe, Mg, Ag, Cu, Zr, and Zn, Q is absent or is selected from the group consisting of Cr, B, Sn, Ge, Si, Zr, Ta, Nb, V, P, Fe, Ga, Al, As, and combinations thereof, and wherein Q, when present, is different than M, X is absent or is selected from the group consisting of halide and pseudohalide, x is 8-22, y is 0.1-3, w is 0-3, z is 0.1-3, u is 7-20, and t is 0-8 (“the solid electrolyte member is represented by LiaPbScHad” and “where Ha is at least one element of F, Cl, Br, and I, and a, b, c, and d are numbers greater than 0”)(see e.g., paragraph [0008]). Schneider teaches in the mixture of precursors, the elements Li, S, P, and M are present either in elemental form (“the non-sulfide raw material is at least one of Li as an elemental substance, P as an elemental substance”) or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may comprise at least two of Li2S, MSa, PbSc, and S, wherein: a is 0-8; b is 0-2; c is 0-8, such that b+c is 1 or greater; and d is 0-3 (“a compound containing at least two selected from Li, M, and P”) (see e.g., paragraph [0052]). Regarding claim 12, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches precursors in the mixture of precursors are present prior to heating the mixture and/or during the heating of the mixture (see e.g., paragraphs [0134]-[0139]); therefore, the precursors would be detected by a X-ray diffraction method when the mixture of precursors is mixed before the heating (“wherein, at the preparation step, the aggregate of starting materials is formed by mixing the elemental sulfur and the non-sulfide raw material such that a crystalline peak of a crystalline substance in the elemental sulfur and the non-sulfide raw material is detected when the aggregate of starting materials formed is measured by an X-ray diffraction method”). Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al. (EP 2407412 A1) in view of Sun et al. (KR 20210036543 A), and further in view of Terai et al. (Published U.S. Patent Application US 2020/0091552 A1), hereinafter referred to as Terai. Regarding claim 7, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider, as modified by Sun, does not explicitly teach wherein the solid electrolyte member is represented by LiaMbPcSdXeHaf, and has a peak at a position of 2θ = 29.58°±0.50° in X-ray diffraction measurement using a CuKα ray, when a diffraction intensity of the peak at the position of 2θ = 29.58°±0.50° in X-ray diffraction measurement using a CuKα ray is IA, and a diffraction intensity at 2θ = 27.33°±0.50° in X-ray diffraction using a CuKα ray is IB, a value of IB/IA is less than 0.50, and the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, P as an elemental substance, X is an elemental substance, and a compound containing at least two selected from Li, M, P, X, and Ha, where M is at least one element of groups 13, 14, and 15, X is at least one element of O, Se, and Te, Ha is at least one element of F, Cl, Br, and I, and a, b, c, d, e and f are numbers greater than 0. However, Terai teaches the sulfide solid electrolyte is a composition represented by the following formula: Lia(P1-αMα)SbXc wherein M is one or more elements selected from the group consisting of Si, Ge, Sn, Pb, B, Al, Ga, As, Sb, and Bi, and X is one or more elements selected from the group consisting of F, Cl, Br, and I, a to c satisfies the following formulas (A) to (C), and α is 0≤α≤0.3, 5.0≤a≤7.5, 6.5≤a+c≤7.5, 0.5≤a−b≤1.5, and b>0 and c>0 (see e.g., paragraph [0065]), and further comprise a chalcogen element (oxygen (O), selenium (Se), tellurium (Te), or the like) (“wherein the solid electrolyte member is represented by LiaMbPcSdXeHaf” and “the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, P as an elemental substance, X is an elemental substance, and a compound containing at least two selected from Li, M, P, X, and Ha, where M is at least one element of groups 13, 14, and 15, X is at least one element of O, Se, and Te, Ha is at least one element of F, Cl, Br, and I, and a, b, c, d, e and f are numbers greater than 0”) (see e.g., paragraph [0059]). Terai teaches the sulfide solid electrolyte has a diffraction peak at 29.7°±0.5° in powder X-ray diffraction using CuKα rays (“has a peak at a position of 2θ = 29.58°±0.50° in X-ray diffraction measurement using a CuKα ray”) (see e.g., paragraph [0044]). Terai teaches the sulfide solid electrolyte in Figures 2 and 8 have a peak at approximately 27° X-ray diffraction using a CuKα ray that has an approximate intensity of 2000 compared to the intensity of 8000 for the peak at 29.7°±0.5° (“when a diffraction intensity of the peak at the position of 2θ = 29.58°±0.50° in X-ray diffraction measurement using a CuKα ray is IA, and a diffraction intensity at 2θ = 27.33°±0.50° in X-ray diffraction using a CuKα ray is IB, a value of IB/IA is less than 0.50”) (see e.g., Figures 2 and 8). Terai teaches the sulfide solid electrolyte has excellent processability and high ionic conductivity at the time of manufacturing a battery (see e.g., paragraph [0011]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the sulfide solid electrolyte of Schneider, as modified by Sun, to be represented by Lia(P1-αMα)SbXc that further comprises a chalcogen and have diffraction peaks at 29.7°±0.5° and approximately 27° in powder X-ray diffraction using CuKα rays with the peak at 29.7° having a peak intensity approximately four times that of the peak intensity of the 27° peak, as taught by Terai, in order to produce a sulfide solid electrolyte with excellent processability and high ionic conductivity at the time of manufacturing a battery (see e.g., paragraph [0011]). Regarding claim 10, Schneider, as modified by Sun, teaches the instantly claimed invention of claim 1, as previously described. Schneider teaches the ionically conductive compound having a composition as in formula (I) has argyrodite-type crystal structure (“the solid electrolyte member has a crystal phase of an argyrodite-type crystal”) (see e.g., paragraph [0011]). Schneider teaches the teaches the compound has a Formula (1): LixMyQwPzSuXt, wherein: M is selected from the group consisting of Na, K, Fe, Mg, Ag, Cu, Zr, and Zn, Q is absent or is selected from the group consisting of Cr, B, Sn, Ge, Si, Zr, Ta, Nb, V, P, Fe, Ga, Al, As, and combinations thereof, and wherein Q, when present, is different than M, X is absent or is selected from the group consisting of halide and pseudohalide, x is 8-22, y is 0.1-3, w is 0-3, z is 0.1-3, u is 7-20, and t is 0-8 (“the solid electrolyte member is represented by LiaPbXcSdHae” and “where Ha is at least one element of F, Cl, Br, and I, and a, b, c, and d are numbers greater than 0”)(see e.g., paragraph [0008]). Schneider teaches in the mixture of precursors, the elements Li, S, P, and M are present either in elemental form (“the non-sulfide raw material is at least one of Li as an elemental substance, P as an elemental substance”) or in chemically bound form (see e.g., paragraph [0124]), and for example, the mixture of precursors may comprise at least two of Li2S, MSa, PbSc, and S, wherein: a is 0-8; b is 0-2; c is 0-8, such that b+c is 1 or greater; and d is 0-3 (“a compound containing at least two selected from Li, M, and P”) (see e.g., paragraph [0052]). However, Schneider, as modified by Sun, does not explicitly teach where X is at least one element of O, Se, and Te. However, Terai teaches the sulfide solid electrolyte is a composition represented by the following formula: Lia(P1-αMα)SbXc wherein M is one or more elements selected from the group consisting of Si, Ge, Sn, Pb, B, Al, Ga, As, Sb, and Bi, and X is one or more elements selected from the group consisting of F, Cl, Br, and I, a to c satisfies the following formulas (A) to (C), and α is 0≤α≤0.3, 5.0≤a≤7.5, 6.5≤a+c≤7.5, 0.5≤a−b≤1.5, and b>0 and c>0 (see e.g., paragraph [0065]), and further comprise a chalcogen element (oxygen (O), selenium (Se), tellurium (Te), or the like) (“wherein the solid electrolyte member is represented by LiaMbPcSdXeHaf” and “the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, P as an elemental substance, X is an elemental substance, and a compound containing at least two selected from Li, M, P, X, and Ha, where M is at least one element of groups 13, 14, and 15, X is at least one element of O, Se, and Te, Ha is at least one element of F, Cl, Br, and I, and a, b, c, d, e and f are numbers greater than 0”) (see e.g., paragraph [0059]). Terai teaches the sulfide solid electrolyte has a higher ionic conductivity (see e.g., paragraph [0011]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the sulfide solid electrolyte of Schneider, as modified by Sun, to include a chalcogen element such as oxygen, selenium, tellurium or the like, as taught by Terai, in order to produce a sulfide solid electrolyte with higher ionic conductivity (see e.g., paragraph [0011]). Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Schneider et al. (EP 2407412 A1) in view of Sun et al. (KR 20210036543 A), and further in view of Tabuchi et al. (WO 2018096957 A1), hereinafter referred to as Tabuchi. Schneider, as modified by Sun, does not explicitly teach wherein the solid electrolyte member is represented by LiaM-bSc, has a crystal structure of space group Pnma, has peaks of the following equations (1) to (4) detected as crystalline peaks when measured by an X-ray diffraction method using a CuKα ray, 2θ = 17.01°±0.50° (1), 2θ = 18.50°±0.50° (2), 2θ = 25.31°±0.50° (3), and 2θ = 26.23°±0.50° (4), and the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, and a compound containing Li and M where M is at least one element of groups 13, 14, and 15, and a, b, and c are number greater than 0” However, Tabuchi teaches an inorganic sulfide solid electrolyte (see e.g., Abstract). Tabuchi teaches the obtained X-ray diffraction pattern of the sample obtained in Example 1 could be fitted only with the unit cell of orthorhombic β-Li3PS4 (“wherein the solid electrolyte member is represented by LiaM-bSc” and “the non-sulfide raw material is at least one of Li as an elemental substance, M as an elemental substance, and a compound containing Li and M where M is at least one element of groups 13, 14, and 15, and a, b, and c are number greater than 0”) with the space group Pnma (“has a crystal structure of space group Pnma”) (see e.g., paragraph [0063] and Figure 2). Tabuchi teaches crystalline peaks of Example 1 can be approximately found at 17°, 18°, 25°, and 26° (“has peaks of the following equations (1) to (4) detected as crystalline peaks when measured by an X-ray diffraction method using a CuKα ray, 2θ = 17.01°±0.50° (1), 2θ = 18.50°±0.50° (2), 2θ = 25.31°±0.50° (3), and 2θ = 26.23°±0.50° (4)”) (see e.g., Figure 2). Tabuchi teaches the sulfide solid electrolyte has excellent moldability (and particularly having a low Young's modulus) and having excellent ion conductivity (see e.g., Abstract). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the sulfide solid electrolyte of Schneider, as modified by Sun, to be fitted only with the unit cell of orthorhombic β-Li3PS4, have the Pnma space group, and X-ray diffraction peaks at approximately 17°, 18°, 25°, and 26°, as taught by Tabuchi, in order to produce a sulfide solid electrolyte with excellent moldability (and particularly having a low Young's modulus) and having excellent ion conductivity (see e.g., Abstract). 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine N Higgins whose telephone number is (703)756-1196. The examiner can normally be reached Mondays - Thursdays 7:30-4:30 EST, Fridays 7:30 - 11:30 EST. 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 T 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. /KATHERINE N HIGGINS/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Jan 06, 2023
Application Filed
Jul 25, 2025
Non-Final Rejection — §103, §112
Oct 29, 2025
Response Filed
Feb 07, 2026
Final Rejection — §103, §112 (current)

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Patent 12476308
BATTERY CASE FOR SECONDARY BATTERY AND POUCH TYPE SECONDARY BATTERY
2y 5m to grant Granted Nov 18, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
58%
Grant Probability
85%
With Interview (+27.2%)
3y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 38 resolved cases by this examiner. Grant probability derived from career allow rate.

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