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 without traverse of group I claims 1-5 in the reply filed on 04 February 2026 is acknowledged.
Applicant’s election of group I claims 1-5 in the reply filed on 04 February 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 6-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04 February 2026.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1 and 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang CN111276734A (using machine English translation provided) in view of Yamamoto US20090264571A1 and Charoonsuk, Thitirat, et al. "AC conductivity and dielectric properties of lepidocrocite-type alkali titanate tunable by interlayer cation and intralayer metal." Inorganic Chemistry 59.21 (2020): 15813-15823 (hereafter referred to as Charoonsuk-2020).
Regarding claim 1, Wang discloses a titanic acid-based solid electrolyte material made of a titanate (Wang, [0029], K1-x/2MgxTi2-xO4, 0 < x < 2) having a structure in which a plurality of host layers are laid one on top of another (Wang, [0029]), the host layer being formed so that octahedra each formed of a titanium atom coordinated with six oxygen atoms are two-dimensionally chained while sharing ridges (Wang, [0029]) and alkali metal ions are intercalated in interlayers between the host layers (Wang, [0030]) titanium sites in the host layers being partially substituted by cations with valences of +1 to +3 (Wang, [0030]). Wang does not disclose lithium ions are intercalated in interlayers between the host layers.
Yamamoto teaches a titanic acid-based material (Yamamoto, [0027]) wherein monovalent ions, such as art known lithium ions, are intercalated in interlayers between the host layers (Yamamoto, [0020], formula (1), AxMy□Ti2−(y+z)O4, A and M each denote different metals of monovalence to trivalence, and □ denotes a defect cite of Ti and wherein x is a positive real number satisfying 0<x<1.0, y and z are each 0 or positive real numbers satisfying 0<y+z<1.0, A is a metal with a valence number of monovalence to trivalence…). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the alkali metal ion of Wang with that of Yamamoto, thereby improving production environment (Yamamoto, [0067]). Modified Wang does not explicitly teach a lepidocrocite titanate.
Charoonsuk-2020 teaches lepidocrocite titanate (Charoonsuk-2020, abstract, K0.8M0.4Ti1.6O4) can be used as solid electrolyte material (Charoonsuk-2020, p. 15814, bottom of first column and top of second column). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the lepidocrocite titanate of Charoonsuk-2020 in Wang as modified by Yamamoto, thereby having a lower activation energy (Ea) (Charoonsuk-2020, abstract).
Regarding claim 4, modified Wang further teaches wherein a content of the lithium ions present in the interlayers between the host layers (Yamamoto, [0020], Ax, A = Li+) is not less than 45% by mole and not more than 100% by mole relative to 100% by mole of ions present in the interlayers between the host layers (Yamamoto, [0020], 0<x<1.0, 0 to 100 mole %).
Regarding claim 5, modified Wang does not teach being at least one of a compound represent by general formula (1) below and a compound represented by general formula (2) below:
LixMIyTi1.73O3.7-4*nH2O … formula (1)
where MI represents an alkali metal except lithium, the index x is 0.3 to 1.0, the index y is 0 to 0.4, and the index n is 0 to 2, and
LixMIyMIIzTi1.6O3.7-4*nH2O … formula (2)
where MI represents an alkali metal except lithium, MII represents an alkaline earth metal, the index x is 0.3 to 1.0, the index y is 0 to 0.4, and the index n is 0 to 2.
Yamamoto teaches being at least one of a compound represent by general formula (2) LixMIyMIIzTi1.6O3.7-4*nH2O … formula (2)
where MI represents an alkali metal except lithium, MII represents an alkaline earth metal, the index x is 0.3 to 1.0, the index y is 0 to 0.4, and the index n is 0 to 2 (Yamamoto, [0020-0021], AxMy□Ti2−(y+z)O4, A is a metal with a valence number of monovalence to trivalence, such as Li+, M is a metal with a valence number of monovalence to trivalence, which is different from the metal A, preferably at least one selected from Mg, 0<x<1.0, y and z are each 0 or positive real numbers satisfying 0<y+z<1.0, where n = 0). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the compound of Wang with that of Yamamoto, thereby improving production environment (Yamamoto, [0067]).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang CN111276734A (using machine English translation provided) in view of Yamamoto US20090264571A1 and Charoonsuk-2020 (see above for full citation) and further in view of Wei CN102161504A (using machine English translation provided).
Regarding claim 2, modified Wang does not teach wherein an interlayer distance between the host layers is not less than 5 Å and not more than 10 Å.
Wei teaches a titanic acid-based material (Wei, [0017]) and wherein an interlayer distance between the host layers is not less than 5 Å and not more than 10 Å (Wei, [0017], 0.7 nm). Therefore it would be obvious to one of ordinary skill in the art to modify the interlayer distance of modified Wang with that of Wei, thereby reducing the diffusion distance of lithium ions intercalating and deintercalating into the titanic acid-based material (Wei, [0017]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang CN111276734A (using machine English translation provided) in view of Yamamoto US20090264571A1, Charoonsuk-2020 (see above for full citation) and Wei CN102161504A (using machine English translation provided), as applied to claim 2 above, and further in view of Ogawa US20030147804A1.
Regarding claim 3, modified Wang does not explicitly teach wherein the lepidocrocite titanate contains crystallization water.
Ogawa teaches wherein the lepidocrocite titanate comprises water-containing titania (Ogawa, [0029]) and wherein water is used as a solvent to form the lepidocrocite material (Ogawa, [0063]), satisfying the claim limitation wherein the lepidocrocite titanate contains crystallization water as there is no teaching of a dehydrating step. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to substitute the lepidocrocite titanate contains crystallization water of Ogawa in modified Wang thereby exhibiting extremely stable heat resistance (Ogawa, [0012]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inubushi US20040234447A1 (discloses a titanic acid-based material comprising similar structure to that of the claimed invention).
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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723