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 Group I and oxidation number of +3, claims 1, 2 and 4-6 in the reply filed on 18 May 2026 is acknowledged.
Claims 3 and 7-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species.
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.
Claims 1, 2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over US2022/0416296A1 (Nakama), which is listed in Applicant’s information disclosure statement.
Regarding claims 1 and 6, Nakama teaches an electrode material includes a positive electrode active material and a first solid electrolyte material coating at least partially the surface of the positive electrode active material, and a second electrolyte material adhered to the positive electrode material coated with the first solid electrolyte material ([0091] and Fig. 2), wherein the first solid electrolyte material includes a fluoride solid electrolyte and the second electrolyte material include a sulfide solid electrolyte ([0024] and [0063]).
Nakama teaches that the second material may include an electrolyte solution containing a solvent ([0181]-[0182]), thus the solid content of 100% or less, which encompasses the claimed solid concentration.
One of ordinary skill in the art at the time the invention was made would have found it obvious to include solid at the instantly claimed range since it has been held that in the case where the claimed ranges “overlap or lie inside range disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. See MPEP 2144.05, In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980); In re Aller, 220 F2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and In re Hoeschele, 406 F2d 1403, 160 USPQ 809 (CCPA 1969).
Regarding claim 2, 4 and 5, Nakama exemplifies that the first solid electrolyte material as Li3Ti0.4Al0.6F6 (Table 1, Example 8), which meets the claimed formula (I) when M is Al and Ti.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/ Ph.D., Primary Examiner, Art Unit 1766
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