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 with traverse of Group I, claims 1 and 4-11 in the reply filed on 20 December 2025 is acknowledged. The traversal is on the ground(s) that there is no undue search burden. This is not found persuasive because Applicant has not pointed out any error in the examiner's reasons for distinctness, i.e., the product can be made by a materially different process.
The requirement is still deemed proper and is therefore made FINAL.
Claims 12 and 15-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Specification
The disclosure is objected to because of the following informalities: the specification recites the term “aldirodite”, which appears to be a mistranslation of “argyrodite” in light of the priority document JP-2022-045892 ([0055]). Appropriate correction is required.
Claim Objections
Claims 1 and 4-11 are objected to because of the following informalities:
Claims 1 and 4 recite “comprising”, which appears to be “comprises”. Appropriate correction is required.
Claim 10 recites “aldirodite”, which appears to be “argyrodite”. Appropriate correction is required.
Claim 11 recites “further using a solvent together with a ketone compound”, which appears to be “further comprises using a solvent together with the ketone compound” . Appropriate correction is required.
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.
Claims 6, 7 and 9 are 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 6 improperly recite the Markush group in the form of “selected from A, B and C”, which renders the claim indefinite because it is unclear which members of the group are part of the claimed invention. A proper Markush groups may be recited as "...selected from the group consisting of A, B and C" or "...selected from A, B or C." See MPEP § 2173.05(h).
Claim 7 is rejected since it depends upon rejected claim 6, and fails to remedy the 112b issue.
Claim 9 recites “an average particle size” . It is not clear to one of ordinary skill in the art whether the claimed particle size refers to the raw material or the atomization product. For prior art purpose, it has been interpreted as referring to the particle size of the atomization sulfide solid electrolyte.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4 and 6-11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US2019/0074544A1 (Senga).
Regarding claims 1 and 6-10, Senga teaches a method for producing a solid electrolyte comprises feeding a solid electrolyte raw material-containing liquid comprising a solid electrolyte raw material and a solvent to a high-temperature medium, thereby evaporating the solvent and reacting the solid electrolyte raw material to form a microparticulate solid electrolyte having an argyrodite-type crystal structure([0022], [0056] and [0057]), wherein solid electrolyte obtained has a volume average particle size of 0.1 μm or more and 20 μm or less, exemplified as 9 μm ([0061] and [0108]), which meets the claimed particle size and the limitation of “atomizing” in light of the instant disclosure wherein “atomization” means to reduce the average particle size (instant disclosure, [0022]) .
Senga teaches the solid electrolyte raw material comprising lithium, phosphorus, sulfur and chlorine ([0022] and [0023]), which meets the claimed raw material; the solvent comprises ketones such as methyl ethyl ketone ([0047]), which has a boiling point of about 79.6°C and molecular weight of 72, which meets the claimed ketone of formula (I) R1 is methyl and R2 is ethyl, boiling point, total number of carbon and molecular weight, respectively.
Regarding claim 4, Senga teaches evaporating the solvent ([0022] and [0054]), which anticipates the limitation of removing the ketone compound.
Regarding claim 11, Senga teaches that the high temperature medium can be a liquid medium such as hydrocarbons ([0049] and [0050]), which anticipates the limitation of “using a solvent together with a ketone”.
Claims 1, 4-8 and 11 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US2016/0104917A1 (Sato).
Regarding claims 1, 5-8 and 11, Sato teaches a method of producing a sulfide-based solid electrolyte comprises reacting raw materials in a pulverizer in a mixed solvent of a hydrocarbon solvent and a polar aprotic solvent while pulverizing the raw materials([0015] and [0067]), which meets the limitation of atomizing in light of the instant disclosure wherein “atomization” means to reduce the average particle size including using pulverization (instant disclosure, [0022] and [0065]-[0067]).
Sato teaches the polar aprotic solvent includes methyl ethyl ketone ([0032] and [0038]), which has a boiling point of about 79.6°C and molecular weight of 72, which meets the claimed ketone of formula (I) wherein R1 is methyl and R2 is ethyl, boiling point, total number of carbon and molecular weight, respectively.
Sato further teaches that the raw material comprises lithium sulfide, phosphorous sulfide and a halogen compound ([0041], [0052] and [0056]), which meets the claimed raw material.
Regarding claim 4, Sato teaches drying the product and removing the solvent thus the ketone compound([0077]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766