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 an electrode assembly comprising:an inorganic-organic hybrid solid-state electrode having a composite material structure comprising:a continuous inorganic electroactive material structure scaffold comprising an electroactive monolith comprising a transition metal phosphate as claimed in claims 3-4;an organic based active material ion conductive component disposed inside the scaffold comprising an ion conducting material comprising a Jeffamine-based polymer as claimed in claim 9; and wherein the organic component is devoid of solid electrolyte inorganic particles claimed in claim 10 in the reply filed on 5-18-2026 is acknowledged.
Claims 7-9 and 11-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5-18-2026. Claim 9 is withdrawn because the claim depends from withdrawn claim 7.
Claim Rejections - 35 USC § 112
Claims 1-6 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 1 is rejected because it is unclear how the electrode assembly comprises an electrode assembly when no active material is claimed. The claim claims “an organic based active metal ion conductive component…composed of an organic active metal ion conducting material”. Claim 1 is rejected because it is unclear what is an organic active metal ion conducting material. Claim 2 is rejected because there is no antecedent basis for “cathode active material”. Claim 2 is rejected because it is unclear what is meant by sintered construct of ‘cathode active material the construct being’ an electroactive ‘monolith’”. Claims 2-3 are rejected because it is unclear how the claims further limit claim 1 from which the claims depend from. Claim 1 is claiming an organic active metal ion conducting material. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim Rejections - 35 USC § 103
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.
Claims 1-4 and 10 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kimura et al. (US 2010/0040952).
Kimura et al. teaches in the abstract, [0038] and Figure 1, a battery cell comprising a positive electrode composite material layer comprising sulfide glass unheated [therefore teaching a continuous inorganic electroactive material structure, teaching claim 2], graphite [organic active metal ion conducting material] and a positive active material which is pressure-formed [teaching claim 2] and in contact with each other. Kimura et al. teaches in [0042], where the positive active material comprises lithium cobalt oxide [teaching claims 3-4]. Kimura et al. teaches in [0055], that the solid state electrolyte allows a superionic conductor crystal to be precipitated by heating amorphous glass. Since Kimura et al. teaches that the sulfide glass is unheated glass, one would expect that there would be little to no crystals, as heating the glass would produce superionic conductor crystals and a crystalline state would inherently be substantially devoid of crystalline particles must also be obtained.
In addition, the presently claimed property of substantially devoid of crystalline particles would have obviously been present once the Kimura et al. product is provided. See MPEP 2122.01, I.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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