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 .
DETAILED ACTION
Election/Restriction
Claims 1 and 3-5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/11/2026.
Applicant’s election without traverse of group II, claims 2 and 6-8 in the reply filed on 5/11/2026 is acknowledged.
Claim Objections
Claim 6 is objected to because of the following informalities:
Regarding Claim 6, the limitation of “which is lithium-ion conductive glass ceramics” appears it should “which is a lithium-ion conductive glass ceramic” or language similar.
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 6-7 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 2, lines 8, 9, 11, and 12, the limitation of “the composition” lacks antecedent basis.
In line 4 and line 8, the limitation of “an Al2O3 component” is cited, it is unclear if these are the same or different.
In line 2 and line 11, the limitation of “an P2O5 component” is cited, it is unclear if these are the same or different.
Claims 6-7 are also rejected since the claims depend on claim 2.
Claim Rejections - 35 USC § 103
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.
Claim(s) 2 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teramoto (JP2010/006681, Machine Translation)
Regarding Claim 2, Teramoto et al. teaches a lithium-ion conductive material comprising a mole percent on an oxide basis:
P2O5: 26-40% overlapping the claimed 34 to 36.5%
TiO2: 25-50%, overlapping the claimed 42.0 to 46.5%
Al2O3: 0.5 to 15% overlapping the claimed 0.6 to 3.1%
Li2O: 10-25%, overlapping the claimed 15 to 17.6%
SiO2: 0-15% overlapping the claimed 0.5 to 5% [0023-0024]
Wherein a mole percent of the Al2O3 component is 0.3 to 3.0% by mole smaller than a mole percent of an Al2O3, a mole percent of the P2O5 component is 0.2 to 2.0% by mole smaller than a mole percent of a P2O5 component, and wherein the lithium ion conductive material further comprises a crystal phase with a rhombohedral NASICON structure, a
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[0023-0024 of translated document, and see para. 23-24 in original document].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. 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). MPEP §2144.05.
Regarding Claim 6, Teramoto et al. is relied upon for the reasons given above, Teramoto et al. teaches which is lithium ion conductive glass ceramics [0023].
Regarding Claim 7, Teramoto et al. is relied upon for the reasons given above, Teramoto et al. teaches a solid electrolyte material formed by mixing the lithium ion conductive material according to claim 2 and a lithium ion conductive glass material containing lithium [0001].
Regarding Claim 8, Teramoto et al. is relied upon for the reasons given above, Teramoto et al. teaches an all solid state secondary battery formed of a material comprising the solid electrolyte material according to claim 7 [0001]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL Y SUN whose telephone number is (571)270-0557. The examiner can normally be reached 9AM-7PM.
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/MICHAEL Y SUN/ Primary Examiner, Art Unit 1728
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