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 .
Claim Status
Claims 4-12 have been withdrawn in view of the restriction requirement.
Claims 1-3 are currently pending and have been examined on the merits in this office action.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 06/21/2023 and 12/13/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 04/21/2026 is acknowledged. The traversal is on the ground(s) that Groups II and I. This is not found persuasive because Groups II and III comprise further limitations that differentiate Group I from Groups II and III as Groups II and III have different scopes that would require a different search and thus present a search burden.
The requirement is still deemed proper and is therefore made FINAL.
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 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.
Claim 1 states wherein “some of chloride ions (Cl-) are substituted with oxygen ions (O2-)” and then states the chemical formula Li2+aMCl6-bOc. It is unclear if applicant is claiming the chemical formula as claimed would read upon the claim limitations of claim 1 of the chloride ions being substituted with oxygen or something else. In view of the 112B rejection, claim 1 will be interpreted to mean that the chemical formula as claimed would read upon the limitation of chloride ions being substituted with oxygen ions. Claims 2-3 are rejected for depending upon claim 1.
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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2022/0158225 A1).
Regarding claim 1, Choi discloses a chloride-based solid electrolyte represented by Chemical Formula below in which some of chloride ions (Cl-) are substituted with oxygen ions (O2-) ([0006-0007,0011-0017,0062] halide is partially substituted by oxygen; solid electrolyte including the solid ion conductor wherein the solid ion conductor including a compound represented by formula 1: LiaMbM’cXdOe wherein M can be Zr, Ti, Hf, X can be a halogen, 0<a<4, 0.5<b<1.5, 0≤c<1.5, 0<d<6.5, 0<e<1),
Chemical formula
Li2+aMCl6-bOc
Wherein M denotes metal which is at least one of Zr, Ti, Hf, and wherein -0.5< a+b-2c<0.5 and 0<c≤2 ([0006-0007,0011-0017] solid electrolyte including the solid ion conductor wherein the solid ion conductor including a compound represented by formula 1: LiaMbM’cXdOe wherein M can be Zr, Ti, Hf, X can be a halogen, 0<a<4, 0.5<b<1.5, 0≤c<1.5, 0<d<6.5, 0<e<1). Thus the resulting structure can be selected to be Li3ZrCl5O wherein a=1, b=1, c=1 and thus satisfies the formula -0.5 <a+b-2c<0.5 as -0.5<0<0.5. Examiner notes that Li3ZrCl5O is just one example of a compound that reads on the independent claim 1 and that other compounds can be provided that read on the chemical formula 1. Thus it would have been obvious in view of a skilled artisan to try and select the M, M’, X, a, b, c, d, and e values as applied above in view of the formula taught by Choi as it would have been obvious for a person of ordinary skill in the art to select the materials and values from the list provided with respect to formula 1, see MPEP 2143 (I) (E).
Regarding claim 2, Choi discloses all the claim limitations of claim 1. Choi further discloses wherein M is Zr, and 0.5 ≤c ≤ 1.60 ([0006-0007,0011-0017] solid electrolyte including the solid ion conductor wherein the solid ion conductor including a compound represented by formula 1: LiaMbM’cXdOe wherein M can be Zr, X can be a halogen, 0<a<4, 0.5<b<1.5, 0≤c<1.5, 0<d<6.5, 0<e<1 Li3ZrCl5O wherein M is Zr and c=1), see MPEP 2143 (I) (E).
Regarding claim 3, Choi discloses all the claim limitations of claim 1. Choi further discloses wherein b and c are equal to each other ([0006-0007,0011-0017] solid electrolyte including the solid ion conductor wherein the solid ion conductor including a compound represented by formula 1: LiaMbM’cXdOe wherein M can be Zr, X can be a halogen, 0<a<4, 0.5<b<1.5, 0≤c<1.5, 0<d<6.5, 0<e<1 Li3ZrCl5O wherein b=c=1), see MPEP 2143 (I) (E).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawaji et al. (US 2015/0044575 A1)-discloses a solid electrolyte for a secondary battery wherein a part of oxygen can be substituted for Cl.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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