DETAILED ACTION
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 (i.e., claims 1-10) in the reply filed on 11/11/25 is acknowledged. The traversal is on the ground(s) that “the solid-state battery of claims 11-16 is obtained with the method of group I, and the battery had the features described in the method steps. Furthermore, the system of claim 17 comprises such solid-state battery, so the system should be in the same application as the solid-state battery, and consequently the method”. This is not found persuasive because the issues of claiming or having claims directed to three (3) different statutory and independent inventions or inventive groups (i.e. Group I: a method for producing a battery per se; Group II: a solid-state battery per se per se; and Group III: a system including a watch, a laptop computer, a mobile phone or a motor vehicle per se) are divergent. Although there may be some overlap in the searches of the three groups, there is no reason to believe that the searches would be identical, or equally applicable to the specifics of the claimed subject matter of each group invention as delineated in the restriction requirement dated 09/11/25. Furthermore, the examination of the method claims per se is based on a different criteria from that of the other two different and independent battery (product) claims and system claim, hence the examination of the three groups is not necessarily co-extensive, is not in the same field of search or art, and/or is not in the same classification area. In addition, the three groups have separate classifications, different fields of search, an/or separate status in the art as properly delineated and identified in the restriction requirement (see office action dated 09/11/25 for details). Therefore, based on the additional work involved in searching and examination of the two distinct inventions together that would present serious burden to the examiner, restriction of distinct inventions is not improper. The requirement is still deemed proper and is therefore made FINAL.
Applicant’s election of Species I-A-1 and I-B-1 (i.e., claims 1-3, 5-7 and 10) in the reply filed on 02/10/26 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)).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/21/23 and 05/22/24 was considered by the examiner.
Drawings
The drawings were received on 03/21/23.
Claim Objections
Claim 2 (multiple occurrences in the claim) is objected to because of the following informalities: all parenthetical characters [ i.e., “(where X…)”; “(where M…)”; “(lithium super ionic…)”; “(where X…)”; “(sodium super ionic…)”; “(where M and M’…)”] must be deleted and the limitations included therein should be recited in a positive manner, if so intended, so as to have a clear understanding of the present claim(s). 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 2 and 10 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 2 recites the limitation "the LLZO type" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the Na-b-Al2O3 type" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitations "the Li6PS5X type" and "the Li2S-P2S5 type" in lines 8-9, respectively. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the Li3MX6 type " in line 11. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the LISICON type " in lines 13-14. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the Li4+/-xSi1-xXxO4 type " in lines 14-15. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 is indefinite as the molar fractions/amounts “x” for the two (2) chemical formulae "Li4+/-xSi1-xXxO4" and “NaxMM’(XO4)3” are not stoichiometrically defined, thereby making it difficult, not to say unfeasible, to determine the specific material composition ultimately intended by the applicant. It is to be noted that the molar fractions/amount “x” is not clearly, concretely and accurately in order to define the specific molar proportion(s) required to make the claimed ceramic material. Thus, the specific stoichiometric relationship between the elements is unknown.
Claim 2 recites the limitation "the NASICON type " in lines 17-18. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the NaxMM’(XO4)3 type " in lines 18-19. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the NMC type" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the LNMO type" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the LFP type" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the LMO type" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the NCA type" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 is indefinite as the molar fractions/amounts “x”, “y” and “z” are not stoichiometrically defined, thereby making it difficult, not to say unfeasible, to determine the specific material composition ultimately intended by the applicant. It is to be noted that the molar fractions/amounts “x”, “y” and “z” satisfying x + y + z ≤ 1 is/are not sufficient to clearly, concretely and accurately define the specific molar proportion(s) required to make the claimed cathode material. Thus, the specific stoichiometric relationship between the molar fractions/amounts “x”, “y” and “z” to clearly define a composition is unknown.
Claim Rejections - 35 USC § 102
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 1-3, 5-7 and 10 are rejected under 35 U.S.C. 102a1 as being anticipated by the publication EP 3621130 (heretofore EP’130).
As to claim 1:
EP’130 discloses a method of preparing a solid-state battery (Abstract; 0026-0030; 0033-0036; 0060-0065; 0107-0115; see Examples 1, 5 & 8; see Figures 2-3) comprising the step of forming a solid electrolyte including an inorganic lithium ion conductive film and a porous layer on the surface thereof by using an ionic liquid to form a protonated layer (0064-0065; 0023-0028; 0033-0034); depositing a metal material on a first side of the solid electrolyte to form an anode which also penetrates into the solid electrolyte layer (i.e., forming applicant’s dendrite element); and depositing a cathode material on the opposite side of the solid electrolyte (Abstract; 0026-0030; 0033-0036; 0060-0065; 0107-0115; see Examples 1, 5 & 8; see Figures 2-3). All in all, EP’130 teaches a battery cell 28, a positive electrode 27, a positive current collector 26, a solid ion conductive film 21, a porous layer 24 placed on the solid ion conductive film 21 (arranged to be adjacent to a negative electrode 29 disposed on a negative current collector 30 (0063-0064; see EXAMPLE 8). EP’130 uses Li7La3Zr2O12 (i.e., lithium/lanthanum zirconium-based oxide) as the ceramic layer for the electrolyte (0111); and/or LLZP type materials (0125-0132; see Preparation Examples 1-5). Note that in EP’130 the porous layer includes first/second porous layers, and the second porous layer can be also placed between the inorganic lithium ion conductive film and the first porous layer (Abstract; 0026-0030; 0033-0036; 0060-0065; 0107-0115; see Examples 1, 5 & 8; see Figures 2-3).
PNG
media_image1.png
184
244
media_image1.png
Greyscale
PNG
media_image2.png
240
250
media_image2.png
Greyscale
As to claim 2:
EP’130 teaches the use of Li7La3Zr2O12 (i.e., lithium/lanthanum zirconium-based oxide) as the ceramic layer for the electrolyte (0111); and/or LLZP type materials (0125-0132; see Preparation Examples 1-5).
As to claim 3:
EP’130 teaches a number of protic/acid solvents including water-based liquid and mineral oils; and alcohols (0065-0067; 0073; 0107-0114; 0119, 0140; see Table 1) such as ethanol (0114).
As to claim 5:
EP’130 discloses applying current flow cycles by a galvanostatic method to evaluate charge/discharge characteristics at different current densities (0168) wherein charge/discharge including current flow were repeated (0169-0170; 0174-0178); and applying AC voltage (i.e., current) in an open-circuit voltage to characterize the impedance (0165).
As to claims 6-7:
EP’130 discloses melting lithium metal (i.e., molten Li) in order to deposit or form the negative electrode layer (0069-0070; 0078-0079; 0080; 0097).
As to claim 10:
EP’130 discloses a number of cathode electrode active materials including, inter alia, LiaNibCocMndO2 (i.e., LiaNi0.33Co0.33Mn0.33O2 [0145; see Example 8]); LiMO2 where M is Mn, Fe, Co or Ni (0093-0095). Examiner’s note: since the present claim fails to define the specific stoichiometric and/or molar fractions x, y and z, it is deemed that the teachings of EP’130 are sufficient to satisfy applicant’s broadly claimed and materially undefined cathode material as any one of x, y or z or combination thereof can be 0.
Thus, the present claims are anticipated.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
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, Nicholas A. Smith can be reached at (571) 272-8760. 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.
/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
Prosecution Insights