DETAILED ACTION
Claims 1-3, 7-8, 11, 15, 17-19, 21, 25-26, 30, 40-41, 58-59, 61, and 63 are presented for examination, wherein claims 25, 40-41, 58-59, 61, and 63 plus Species I.A.1 (molten mass shaped prior to being quenched) and Species I.B.2 (shaped article has an average maximum cross-sectional dimension of more than 500 µm) are withdrawn. Claims 4-6, 9-10, 12-14, 16, 20, 22-24, 27-29, 31-39, 42-57, 60, 62, and 64 are cancelled.
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 of Group I, Species I.A.2 and Species I.B.1 in the reply filed on May 14, 2026 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)).
Specification
The disclosure is objected to because the instant specification provides for “fibre, ”which is British English spelling, not American English. Appropriate correction is respectfully required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter of claim 8. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction to include said subject matter is respectfully required.
Claim Objections
Claim 2 is objected to because the limitation “a fluid cooling medium” (emphasis added) should be “the fluid cooling medium” or equivalent, since the “fluid cooling medium” was claimed in independent claim 1. Appropriate correction is respectfully required.
Claim 7 is objected to because the limitation “a fluid cooling medium” (emphasis added) in “a pressure jet of a fluid cooling medium” should be “the fluid cooling medium” or equivalent, since the “fluid cooling medium” was claimed in independent claim 1. Appropriate correction is respectfully required.
Claim 21 is objected to because the limitation “fibre” uses British spelling, not American English spelling. Appropriate correction is respectfully required.
Claim 26 is objected to because the limitation “spinel like” should be hyphenated “spinel-like” in a similar manner to “garnet-like” and “a perovskite-like” compositions within the instant claim.
Claim 26 is objected to because the limitation “composition” is duplicated. Appropriate correction is respectfully 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 1-3, 7-8, 11, 15, 17-19, 21, 26, and 30 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.
Regarding claim 1, from which the other claims depend, there is insufficient antecedent basis for the limitation “the cooling rate” in “the cooling rate of the molten mass is sufficient to form a glass or glass ceramic shaped article” (emphasis added).
Similarly regarding claim 11, there is insufficient antecedent basis for the limitation “the ingress” in “the ingress of air into the chamber” (emphasis added).
Claim Rejections - 35 USC § 103
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 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.
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.
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.
Claims 1-3, 7-8, 11, 15, 17-19, 21, 26, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Schumacher et al (US 2021/0343996).
Regarding independent claim 1, Schumacher teaches a method of producing solid-state lithium ion conductor particles by hot-shaping, said method including:
Step (1) providing starting products of a solid-state lithium ion conductor material, wherein an example provides for said starting products being mixed then provided as a batch mixture into a melting crucible;
Step (2) carrying out at least one heating process with said starting products of said solid-state lithium ion conductor material to obtain a hot intermediate product, wherein said heating process may be a melting process in said melting crucible, wherein an example provides for melting said starting products in a skull crucible;
Step (3) quenching of said intermediate product to e.g. room temperature; and,
Step (4) carrying out a cooling process with the production of a powder in one comminution step or in a plurality of comminution steps,
Step (5) further heat-treatment steps to modify crystal structure and crystallite size, resulting in said solid-state lithium ion conductor, which may include e.g. NASICON, garnet, perovskite, and amorphous structures
wherein a broad teaching provides said hot intermediate may be quenched and comminuted at the same time by, for example, atomization said hot intermediate product by impinging said hot intermediate product with “water and/or steam,” wherein step (3) represents a hot shaping process,
said atomization medium in the form of e.g. a jet of water/steam that may be in a water chute or a nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. coarse particles,
wherein said hot intermediate product, which was produced via said melting process of step (2), is passed as a melt feed jet to be entrained by said jet of water/steam in said water chute, wherein said jet of water may be formed by an atomization nozzle;
wherein Step (3)—as a hot shaping process in the form of an atomization or fritting—results in an intermediate product having as few crystal phases as possible and, accordingly, the highest possible amorphous or glass phase fraction, thereby averting a danger of an uncontrolled formation of undesired crystal phases,
wherein an example provides that rapid quenching results in an extend of crystallization is less than 15% while said balance is amorphous phase; and,
wherein said coarse particles may be adjusted in size by adjusting quenching parameters, wherein said coarse particles may have a preferred diameter of 0.5-1 mm
(e.g. ¶¶ 0002, 09-11, 16-28, 34-52, and 78-86, see further details provided for examples, at e.g. ¶¶ 0088-149), reading on “process for the production of a lithium ion conductive shaped articles, or a shaped article capable of transformation thereto,” said method comprising:
1. said Step (1) of providing starting products of said solid-state lithium ion conductor material, wherein said example provides for said starting products being mixed then provided as said batch mixture into said melting crucible (e.g. supra), reading on “feeding a mixture of raw materials into a melting vessel;
2. said Step (2) of carrying out at least one heating process with said starting products of said solid-state lithium ion conductor material to obtain said hot intermediate product, wherein said heating process may be said melting process in said melting crucible, wherein said example provides for melting said starting products in said skull crucible (e.g. supra), reading on “melting the raw materials in the melting vessel to form a molten mass;”
3. said Step (3) of quenching said intermediate product to e.g. room temperature, wherein said broad teaching provides said hot intermediate may be quenched and comminuted at the same time by, for example, atomization said hot intermediate product by impinging said hot intermediate product with “water and/or steam,” wherein step (3) represents said hot shaping process,
said atomization medium in the form of e.g. said jet of water/steam that may be in said water chute or said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. said coarse particles,
wherein Step (3)—as said hot shaping process in the form of an atomization or fritting—results in said intermediate product having as few crystal phases as possible and, accordingly, the highest possible amorphous or glass phase fraction, thereby averting said danger of said uncontrolled formation of undesired crystal phases,
wherein said example provides that said rapid quenching provides said extend of crystallization is less than 15% while said balance is amorphous phase;
4. said Step (5) of further heat-treatment steps to modify crystal structure and crystallite size, resulting in said solid-state lithium ion conductor, which may include e.g. NASICON, garnet, perovskite, and amorphous structures
(e.g. supra), wherein an option provides for the quenching and comminuting at the same time, so it would have been obvious to a person of ordinary skill in the art to use said option, in order to simplify the process of forming said solid-state lithium ion conductor material, reading on “shaping the molten mass;” and “quenching the molten mass to produce the shaped articles,” wherein “the molten mass is shaped…at the same time as being quenched by a fluid cooling medium,”
wherein step (3) results in quenching said hot intermediate melt to said intermediate product to obtain particles, such as e.g. coarse particles, having as few crystal phases as possible and, accordingly, the highest possible amorphous or glass phase fraction (e.g. supra), so said quench must be at a sufficiently high cooling rate to read on the limitation “the cooling rate of the molten mass is sufficient to form a glass or glass ceramic shaped article.”
Regarding claims 2-3, Schumacher teaches the method of claim 1, wherein said Step (3) of quenching said intermediate product to e.g. room temperature, wherein said broad teaching provides said hot intermediate may be quenched and comminuted at the same time by, for example, atomization said hot intermediate product by impinging said hot intermediate product with “water and/or steam,” wherein step (3) represents said hot shaping process, wherein said atomization medium in the form of e.g. said jet of water/steam that may be in said water chute or said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. said coarse particles (e.g. supra), reading on “the molten mass is shaped at the same time as being quenched by a fluid cooling medium” (claim 2) and “the molten mass is quenched and shaped through the fluid cooling medium impinging on the molten mass” (claim 3).
Regarding claim 7, Schumacher teaches the method of claim 1, wherein said atomization medium in the form of e.g. a said jet of water/steam that may be in said water chute or said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. coarse particles, wherein said hot intermediate product, which was produced via said melting process of step (2), is passed as said melt feed jet to be entrained by said jet of water/steam in said water chute, wherein said jet of water may be formed by said atomization nozzle (e.g. supra), wherein it is understood by passing said hot intermediate product as a jet, said hot intermediate product is provided to an inlet of said water chute, reading on “further comprising feeding a stream of molten mass into a quenching chamber, said quenching chamber comprising an inlet for admitting a stream of molten mass to enter the quenching chamber; and at least one nozzle arranged to direct a pressure jet of a fluid cooling medium to impinge upon the stream of molten mass causing the molten mass stream to atomize into particles.”
Regarding claim 8, Schumacher teaches the method of claim 7, wherein said hot intermediate product, which was produced via said melting process of step (2), is passed as said melt feed jet to be entrained by said jet of water/steam in said water chute, wherein said jet of water may be formed by said atomization nozzle (e.g. supra), wherein it would have been obvious to a person of ordinary skill in the art to use two atomization nozzles for said water jet, in order to increase the amount of quenching medium; alternatively, mere duplication of parts has no patentable significance unless a new and unexpected result is produced, see e.g. MPEP § 2144.04(VI)(B), noting that there does not appear to be evidence of such significance in the initial disclosure, see e.g. entire initial filing, reading on “the chamber comprises two nozzles.”
Regarding claim 11, Schumacher teaches the method of claim 7, wherein said atomization medium in the form of e.g. a said jet of water/steam that may be in said water chute or said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. coarse particles, wherein said hot intermediate product, which was produced via said melting process of step (2), is passed as said melt feed jet to be entrained by said jet of water/steam in said water chute, wherein said jet of water may be formed by said atomization nozzle (e.g. supra), wherein since there is not a teaching of a specific atmosphere or pressure, it is understood that said water chute has an air atmosphere and at 1 atm pressure, noting that air is ~78% nitrogen (an inert gas), and 1 atm pressure is sufficiently close to the claimed relationship “positive pressure to prevent the ingress of air into the chamber” to establish a prima facie case of obviousness of said relationship, see e.g. MPEP § 2144.05, as claimed, see further instant specification, at e.g. ¶0218.
Regarding claim 15, Schumacher teaches the method of claim 1, wherein said hot intermediate product, which was produced via said melting process of step (2), is passed as said melt feed jet to be entrained by said jet of water/steam in said water chute, wherein said jet of water may be formed by said atomization nozzle (e.g. supra), wherein it is within the ambit of a person of ordinary skill in the art to optimize the velocity of said “jet” of cooling water/steam, which is understood to be at a high velocity, in order to ensure the hot intermediate melt jet is “atomized,” reading on “the fluid cooling medium has a velocity in the range of 0.5 m s−1 to about 2000 m s−1,” see also instant specification, at e.g. ¶0210.
Regarding claim 17, Schumacher teaches the method of claim 1, wherein said Step (3) of quenching said intermediate product to e.g. room temperature results in said intermediate product that are particles, wherein said broad teaching provides said hot intermediate may be quenched and comminuted at the same time by, for example, atomization said hot intermediate product by impinging said hot intermediate product with “water and/or steam,” wherein step (3) represents said hot shaping process; and, wherein said atomization medium in the form of e.g. said jet of water/steam that may be in said water chute by said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. said coarse particles (e.g. supra), wherein the taught “jet” of steam is understood to be at least partially pressurized in order to direct said steam as a “jet,” reading on “the fluid cooling medium is a compressed gas.”
Regarding claim 18, Schumacher teaches the method of claim 1, wherein Schumacher teaches said Step (1) of providing starting products of said solid-state lithium ion conductor material, wherein said example provides for said starting products being mixed then provided as said batch mixture into said skull crucible; said Step (2) of carrying out at least one heating process with said starting products of the solid-state lithium ion conductor material to obtain said hot intermediate product, wherein said heating process may be said melting process in said melting crucible, wherein said example provides for melting said starting products in said skull crucible; and, said Step (3) of quenching said intermediate product to e.g. room temperature, wherein said broad teaching provides said hot intermediate may be quenched and comminuted at the same time by, for example, atomization said hot intermediate product by impinging said hot intermediate product with “water and/or steam,” wherein step (3) represents said hot shaping process, wherein said atomization medium in the form of e.g. said jet of water/steam that may be in said water chute or said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. said coarse particles (e.g. supra), but does not expressly teach the limitation “the shaped article is spherical or spherical like.”
However, Schumacher teaches a substantially identical process (e.g. supra, compared with instant specification, at e.g. ¶¶ 0030, 41, and 106-107), establishing a prima facie case of obviousness of said limitation, see also e.g. MPEP § 2112.01; and/or, the shape of the claimed article does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2144.04(IV)(B), see also instant specification, at e.g. ¶¶ 0030, 41, and 106-107.
Regarding claim 19, Schumacher teaches the method of claim 1, wherein said coarse particles may be adjusted in size by adjusting quenching parameters, wherein said coarse particles may have a preferred diameter of 0.5-1 mm (e.g. supra), wherein it would have been obvious to a person of ordinary skill in the art to ensure each of the particles have a uniform particle size to the other particles, in order to provide a particle distribution with a uniform particle size distribution and a more predictable particle characteristics, said lower end of said e.g. at 0.5 mm diameter is sufficiently close to the claimed range to establish a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “said shaped article has an average maximum cross-sectional dimension of less than 500 μm,” see also instant specification, at e.g. ¶0111.
Regarding claim 21, Schumacher teaches the method of claim 1, wherein said Step (3) of quenching said intermediate product to e.g. room temperature results in said intermediate product that are particles, such as e.g. coarse particles (e.g. supra), reading on “the shaped article is a sheet, a film, a particle, platelet or a fibre.”
Regarding claim 26, Schumacher teaches the method of claim 1, wherein said Step (5) of further heat-treatment steps to modify crystal structure and crystallite size, resulting in said solid-state lithium ion conductor, which may include e.g. NASICON, garnet, perovskite, and amorphous structures (e.g. supra), reading on the limitation “the lithium ion conductive shaped articles have a garnet-like, a perovskite-like or spinel like composition composition,” wherein said garnet and perovskite structures are understood to be within the scope of “garnet-like” and “perovskite-like,” see also instant specification, at e.g. ¶¶ 0034 and 162; and/or, the taught mixture of garnet/perovskite and amorphous structures reading on said limitation.
Regarding claim 30, Schumacher teaches the method of claim 1, wherein said Step (3) of quenching said intermediate product to e.g. room temperature, wherein said broad teaching provides said hot intermediate may be quenched and comminuted at the same time by, for example, atomization said hot intermediate product by impinging said hot intermediate product with “water and/or steam,” wherein step (3) represents said hot shaping process, wherein said atomization medium in the form of e.g. said jet of water/steam that may be in said water chute or said nozzle, to form droplets of said hot intermediate product that are quenched to obtain particles, such as e.g. said coarse particles, wherein Step (3)—as said hot shaping process in the form of an atomization or fritting—results in said intermediate product having as few crystal phases as possible and, accordingly, the highest possible amorphous or glass phase fraction, thereby averting said danger of said uncontrolled formation of undesired crystal phases, and said example provides that said rapid quenching results in said extend of crystallization is less than 15% while the balance is amorphous phase; (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “the cooling rate of the molten mass is sufficient to form the shaped article comprising at least 60 wt % amorphous phase.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wrobel et al (US 2020/0350542);
Schuhmacher et al (US 2019/0173130);
Aitken et al (US 2015/0064576);
Johnson et al (US 4781741);
Kucera et al (US 4544614); and,
Wood et al (US 3279905).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
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