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 Rejections - 35 USC § 102
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
1. Claims 1, 4, 10-12, 21, 22, 40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Suzuki et al. (US20220255125, PCT Filed 7/20/20)
2. Regarding claims 1, 4, 21, 22, Suzuki teaches solid electrolyte material consisting essentially of Li, Yb, M, and X, wherein M is at least one selected from the group consisting of Mg, Ca, Sr, Ba, Zn, Y, Tb, Gd, Sm, In, Zr, and Hf, and X is at least one selected from the group consisting of F, Cl, Br, and I (Table 8, Example 52, Solid electrolyte: Li2.1Zr0.9 Yb0.1Cl5.9)
3. Regarding claims 10-12, X-ray diffractometry of the solid electrolyte is inherently taught by Suzuki because "Products of identical chemical composition can not have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). 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. (MPEP 2112.01)
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). (MPEP 2112.01)
4. Regarding claim 40, Suzuki teaches battery comprising: a positive electrode; a negative electrode; and an electrolyte layer disposed between the positive electrode and the negative electrode, wherein at least one selected from the group consisting of the positive electrode, the negative electrode, and the electrolyte layer contains the solid electrolyte material (A solid electrolyte battery including a solid electrolyte layer, a positive electrode and a negative electrode [0043])
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 of this title, 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.
5. Claims 2, 3, 6-9, 13-20, 23-39, are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US20220255125, PCT Filed 7/20/20)
6. Regarding claims 2, 3, 6-9, 13-20, 23-29, 38, 39, the complete discussion of Suzuki as applied to claim 1 is incorporated herein. However, they are silent about primary teachings of claims 2, 3, 6-9, 13-20, 23-29, 38, 39.
7. Regarding claims 2 and 3, Suzuki teaches solid electrolyte including a compound represented by the following formula (1) A2+aE1−b+aGbXd (1), A is Li, E is at least Mg and Yb, X is at least one selected from the group consisting of F, Cl, Br and I [0019-0020]
Regarding claims 6-9, 16-18, 23-27, Suzuki’s Li2.1Zr0.9 Yb0.1Cl5.9 is obvious over the formula (1) when x = 0 and y = 0 in formula (1). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
8. Regarding claims 13-15, Suzuki teaches solid electrolyte including a compound represented by the following formula (1) A2+aE1−b+aGbXd (1), A is Li, E is at least Y and Yb, and X is at least one selected from the group consisting of F, Cl, Br and I [0019-0020]
9. Regarding claims 19, 20,28, 29, 38, 39, X-ray diffractometry of the solid electrolyte is obviously taught by Suzuki because "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). 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. (MPEP 2112.01)
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). (MPEP 2112.01)
10. Regarding claims 30-37, Suzuki teaches solid electrolyte including a compound represented by the following formula (1) A2+aE1−b+aGbXd (1), A is Li, E is at least Y, Mg and Yb, and X is at least one selected from the group consisting of F, Cl, Br and I [0019-0020] a is −2b in a case where G is a hexavalent element, a is −b in a case where G is a pentavalent element, a is zero in a case where G is a tetravalent element or G is not contained, a is b in a case where G is a trivalent element, a is 2b in a case where G is a divalent element and a is 3b in a case where G is a monovalent element. 0≤b≤0.5, −0.3≤α≤0.3 and 5.0<d<6.0.) [0020]
11. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Suzuki’s teachings
for the benefit of providing a solid electrolyte having a high ionic conductivity [0044].
12. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US20220255125, PCT Filed 7/20/20) in view of Sun et al (US20220216507, PCT filed 12/19/2019)
13. Regarding claim 5, the complete discussion of Suzuki as applied to claim 1 is incorporated herein. However, they are silent about primary teachings of claim 5.
14. Sun teaches LibMaXc, wherein M is Y, Yb and; X is one or more selected from F, Cl, Br and I; 0.2≤b≤6; 0.1≤a≤3; and 1≤c≤9 (see Sun claim 1) for the benefit of providing a solid electrolyte material with high lithium ionic conductivity [0064]
15. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Suzuki’s teachings with Sun’s teachings for the benefit of providing a solid electrolyte material with high lithium ionic conductivity.
Conclusion
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752