CTNF 18/277,660 CTNF 85942 DETAILED ACTION 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. 07-23-aia AIA 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. 07-20-02-aia AIA This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 07-21-aia AIA Claim s 1-5, 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al. (CN 107093713), machine translation . Regarding claims 1-4 , Cao teaches an anion-doped sodium-ion battery oxide positive electrode material comprising: Na a M b N c O d Y y , wherein 0.4< a < 1, 0 < b ≤ 1, 0 ≤ c ≤ 1, b + c = 1, 0 < y ≤ 0.1, 2d + n*y = 4, n is the valence of the anion represented by Y; M is trivalent metal element Fe, one or more of Ni, Mn, Co, V, Cr, and Ti; N is the variable valence metal elements Zn, Mg, K, Ca, and Al; Y is F, Cl, SO 4 , BO 3 , PO 4 and SiO 4 (abstract). More specifically, Cao provides specific example NaFe 0.4 Ni 0.3 Mn 0.3 O 1.985 (BO 3 ) 0.01 (Table in para 0055: Example 2); which may be rewritten as NaNi 0.3 Fe 0.4 Mn 0.3 B 0.01 O 2.015 . Express Example 2 is missing Applicant’s claimed “M” selected from Ti, Al, Mg , Ca , Zr, Y, Zn , Nb, and W. However, Cao’s general formula allows for N to be included and selected from Zn, Mg, K, Ca. It would have been obvious to one of ordinary skill in the art before the effective filing date to have the recited stoichiometry because a prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim , 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff , 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "[ A ] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson , 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP 2144.05. Regarding claim 5 , Cao teaches M may include Ti; N may include Ca and Mg; and Y may include BO 3 and PO 4 , corresponding to B and P respectively. Regarding claim 7 , products of identical chemical composition cannot have mutually exclusive properties. A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP 2112.01(II). Regarding claim 21 , Cao teaches mixing the active material with the conductive agent (acetylene black) and a binder (4% PVDF NMP solution) (Embodiment 1) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 6, 24, and 25 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 8-19 directed to the method of preparing the cathode of active material according to claim 1 are allowable. The following is a statement of reasons for the indication of allowable subject matter. With respect to claim 6, while an inherent particle size exists, Cao is silent as to the express dimensions. With respect to claim 24, Cao does not teach A is a combination of B, P, and C. With respect to claim 25, Cao does not reach the molar ratio of B to P. With respect to claims 8-12, 14, and 16-19, Cao synthesizes the above cathode of active material using a ball mill technique, not using water. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 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, Tong Guo can be reached at (571)272-3066. 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. /CARLOS BARCENA/Primary Examiner, Art Unit 1723 Application/Control Number: 18/277,660 Page 2 Art Unit: 1723 Application/Control Number: 18/277,660 Page 4 Art Unit: 1723 Application/Control Number: 18/277,660 Page 5 Art Unit: 1723