CTNF 18/168,608 CTNF 88657 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 § 112 07-30-02 AIA 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. 07-34-01 Claims 3-7 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. It is unclear if the phosphorus recited in claim 3 is intended to have antecedent basis to the phosphorus compound included in the coating film required in claim 1 OR if it is requiring another phosphorus compound within the composite particle. The metes and bounds of claim 3 is indefinite. The preamble of claim 4 relates to a positive electrode. Claim 4, line 3 recites “a sulfide-based solid electrolyte” which is NOT a feature of a positive electrode. It is unclear if claim 4 merely requires a positive electrode (as currently drafted) OR a positive electrode and a solid electrolyte (as apparently intended). One way to overcome this rejection is to change lines 1-3 to recite: --a positive electrode and a solid electrolyte comprising: the positive electrode having a compositive particle; and the solid electrolyte being sulfide based, wherein-- . The remaining claims are rejected because they are dependent claims of rejected claim 4. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-2 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipate by Yoshida et al. (US 2015/0311510) . Regarding claim 1, FIG. 1 teaches a composite particle comprising a positive electrode active material particle (2) and a coating film (3 and 4). The coating film has a phosphorus compound [0088], [0137]. TABLE 1 discloses example 1 having a corresponding C Li /C p = 2.70/ 1.70 ≈ 1.6 and example 2 having a corresponding C Li /C p = 2.38/1.55 ≈ 1.5. Regarding claim 2, FIG. 1 and FIG. 2 shows the coating covering the positive electrode active material particle that is within the claimed range . Claim Rejections - 35 USC § 103 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. 07-21-aia AIA Claim s 4-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al. (US 2015/0311510) in view of Iwamoto et al. (US 5,677,081) . Regarding claim 4-5 and 7, refer to the rejection of claims 1-2. Yoshida et al. is silent to an all-solid-state battery comprising a sulfide based solid electrolyte. However, Yoshida et al. teaches an electrode material used for lithium ion secondary battery [0002]. Iwamoto et al. teaches a solid-state lithium secondary battery using lithium ion-conductive solid electrolyte wherein the solid electrolyte consists of sulfides (col. 1, lines 10-12 and col. 3, lines 34-35). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the electrode material of Yoshida in a solid-state lithium secondary battery comprising a sulfide-based solid electrolyte because Yoshida et al. teaches its invention is used for lithium ion secondary battery and Iwamoto et al. shows a known lithium ion secondary battery includes a solid-state lithium ion secondary battery comprising a sulfide-based solid electrolyte and utilizing the electrode material for a known type of lithium ion secondary battery yields predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDRA LY whose telephone number is (571)270-7060. The examiner can normally be reached Monday-Friday, 8:00-5:00PM. 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, Katelyn B Smith can be reached at 571-270-5545. 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. /KENDRA LY/Primary Examiner, Art Unit 1749 Application/Control Number: 18/168,608 Page 2 Art Unit: 1749 Application/Control Number: 18/168,608 Page 3 Art Unit: 1749 Application/Control Number: 18/168,608 Page 4 Art Unit: 1749 Application/Control Number: 18/168,608 Page 5 Art Unit: 1749 Application/Control Number: 18/168,608 Page 6 Art Unit: 1749
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