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. Status of Claims Claims 3-6 & 8-10 are preliminarily amended. Claims 1-10 are currently pending. 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. (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. Claims 1-10 are rejected under 35 U.S.C. 102(a)( 2 ) as being anticipated by Takahashi ( US 2022 /0 006117 A1 ). Regarding claims 1-10, Takahashi teaches a battery ([0134]) comprising: a positive electrode layer comprising an electrode material mixture including a solid electrolyte and an active material ( [0143]-[0144] ); a negative electrode layer comprising an electrode material mixture including a solid electrolyte and an active material ([0145]-[0146]) ; and a solid electrolyte layer including a solid electrolyte provided between the positive electrode layer and the negative electrode layer ([0134] & [0137]) , wherein the solid electrolyte has a argyrodite-type crystal structure and comprises Li, P, S and at least one halogen element including Cl such that a molar ratio of X/P is greater than 1 ([0018] , [0048], [0072], [0075] , [0115]-[0117] & [0149] ) . Takahashi further teaches a method for producing the solid electrolyte, the method comprising the steps of: obtaining a raw material composition by mixing a Li source, a P source, a S source and a halogen (X) source ([0086]-[0096] & [0149]) ; and calcining the raw material composition at a temperature of 500 ° C to 700 ° C for 2 to 6 hours ( [0103]-[0104] & [0150] ) . similarly to the presently claimed invention ([0028]-[0032] & [0039] of instant specification) . To extent that paragraphs [0039]-[0062] of Takahashi do not fairly teach or suggest the features: 1) the solid electrolyte having a peak P1 and a peak P2 when a diffraction pattern in at least any (claim 1) or each (claim 2) of a range of 2θ=25.6 ± 0.8°, a range of 2 θ =30.2 ± 0.8 ° , and a range of 2 θ =31.6 ± 0.8 ° is subjected to peak separation and the peaks P1 and P2 being derived from different phases; and 2) wherein an angle difference Δ2 θ between P1 and P2 is 0.04 ° or more (claim 5) , it is noted that Takahashi teaches a solid electrolyte having substantially the same composition and made through substantially the same process as that of the present invention as noted above. Accordingly, Takahashi’s solid electrolyte would be expected to inherently possess the properties recited in claims 1-2 and 5. “ Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). ” See MPEP 2112.01 I. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT NATHANAEL T ZEMUI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-4894 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8am-5pm (EST) . 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, FILLIN "SPE Name?" \* MERGEFORMAT BARBARA GILLIAM can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-1330 . 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. /NATHANAEL T ZEMUI/ Examiner, Art Unit 1727