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 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 appl icant regards as his invention. Claim s 11 -20 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 11 claims “ wherein the starting material further comprises LiX2, wherein X2 comprises a halogen element different from X1, and X2 comprises F, Cl, Br, or I. ” is unclear because Claim 11 claims dependency to Claim 9, and Claim 9 claims dependency to claim 1. Neither Claim 1 or Claim 9 disclose an X1. Furthermore, claim 11 claims “a starting material” which is not claimed in either claim 1 or claim 9, and therefore claim 11 lacks antecedent basis. Furthermore, Claims 11-20 refer to claim 9, as “the method of Claim 9” when Claim 9 Is not a method claim and is dependent off Claim 11 which is a product claim. Therefore it is unclear if claims 11-20 are directed to a method or a device. For purposes of examination the examiner is interpreting Claim 11 -20 to be dependent off of Claim 10. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. (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. Claim(s) 1 & 2 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Francisco (US20210296690) (Provided in Applicant’s IDS filed on September 12 th , 2023) . Regarding Claim 1, Francisco discloses a sulfide-based solid electrolyte (sulfide solid electrolyte, [0022]) comprising Lithium (Li), boron (B), and a halogen element ([0022]), Wherein the sulfide-based solid electrolyte comprises at least one crystalline phase ([008], [0018]), Wherein the crystalline phased comprises a face-centered cubic (FCC) structure (the crystalline structure leads to the space grouping of F-43m, which is an FCC structure, [0082]). Regarding Claim 2, Francisco discloses the limitations as set forth above. Francisco discloses wherein the crystalline phased has a space group of F-43m (the crystalline structure leads to the space grouping of F-43m, [0082]). Regarding Claim 10, Francisco discloses a method of manufacturing a sulfide-based solid electrolyte (sulfide solid electrolyte, [0022]) comprising : Preparing a starting material comprising Li 3 PS 4 , LiBH 4 and LiX1, wherein X1 comprises F, CL, BR, or I , ( [0011-0014], [0022]) . Wherein the sulfide-based solid electrolyte comprises comprising Lithium (Li), boron (B), and a halogen element ([0022]), and comprises at least one crystalline phase ([008], [0018]), Wherein the crystalline phased comprises a face-centered cubic (FCC) structure (the crystalline structure leads to the space grouping of F-43m, which is an FCC structure, [0082]). 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) 3-9, 11 & 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Francisco (US20210296690) . Regarding Claim 3 & 15 , Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein the crystalline phase further comprises one or more selected from the group consisting of α-Li 3 PS 4 phase, a β-Li 3 PS 4 phase, and γ- Li 3 PS 4 phase. Francisco discloses wherein the crystalline phase comprises Li 3 PS 4 compound s ([0029], [0034], Examples 1-10). Francisco discloses that the sulfide-solid electrolyte is measured using X-ray diffraction using a CuK α measurement ([009]). Francisco further discloses Example 1 of a sulfide solid electrolyte that has diffraction angles of 2ϴ = 15.5 o ± 0.5 o , 18.0 o ± 0.5, 25.0 o ± 0.5 o , 30.0 o ± 0.5 o , 31.0 o ± 0.5 o ,39.5 o ± 0.5 o (Fig. 3a, [0068]). Francisco further discloses wherein the sulfide solid electrolyte is formed mixing Li 3 PS 4 and LiBH 4 precursor phases ([0068]). Francisco further discloses wherein the crystalline structure leads to the space grouping of F-43m ([0082]). Francisco discloses wherein the method for producing the solid electrolyte material comprises mixing a raw lithium materials together to have a substantially amorphized or alloyed structure to create a final composition ([0023]). Francisco further discloses wherein sulfide solid electrolyte comprising Lithium (Li), boron (B), and a halogen element ([0022]). The examiner notes that the instant application’s lithium phosphate sulfide crystalline particle is formed using ball-mill mixing of Li 3 PS 4 and LiBH 4 precursor phases, to form amorphized structure, with the diffraction angles when measured using X-ray diffraction of angles of 2ϴ = 15.5 o ± 0.5 o , 18.0 o ± 0.5, 25.0 o ± 0.5 o , 30.0 o ± 0.5 o , 31.0 o ± 0.5 o ,39.5 o ± 0.5 o . Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Francisco to have wherein the crystalline phase further comprises one or more selected from the group consisting of α-Li 3 PS 4 phase, a β-Li 3 PS 4 phase, and γ- Li 3 PS 4 phase. Regarding Claim 4 & 16 , Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein the sulfide-based solid electrolyte further comprises an amorphous phase between crystalline phases. Francisco discloses wherein the method for producing the solid electrolyte material comprises mixing a raw lithium materials together to have a substantially amorphized or alloyed structure to create a final composition ([0023]). Francisco further discloses wherein the crystalline structure can be semi-crystalline ([0034]) . Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Francisco to have wherein the sulfide-based solid electrolyte further comprises an amorphous phase between crystalline phases. Regarding Claim 5 & 17 , Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein the sulfide-based solid electrolyte comprises an amount of about 10 wt % to 90 wt % of the crystalline phase, based on the total weight of the sulfide-based solid electrolyte. Francisco discloses wherein the solid electrolyte material comprising a crystalline argyrodite-type phase comprises 50% or more by mol of total phased present ([0019]), which overlaps the instant claim range of about 10 wt % to 90 wt % of the crystalline phase, based on the total weight of the sulfide-based solid electrolyte. Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Francisco to have wherein the sulfide-based solid electrolyte comprises an amount of about 10 wt % to 90 wt % of the crystalline phase, based on the total weight of the sulfide-based solid electrolyte. Regarding Claim 6 & 18 , Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein the sulfide-based solid electrolyte shows diffraction peaks at diffraction angles of 2ϴ = 15.5 o ± 0.5 o , 18.0 o ± 0.5, 25.0 o ± 0.5 o , 30.0 o ± 0.5 o , 31.0 o ± 0.5 o ,39.5 o ± 0.5 o , 44.5 o ± 0.5 o , 47.5 o ± 0.5 o , 52.0 o ± 0.5 o , and 54.5 o ± 0.5 o in an XRD spectrum using CuK α rays. Francisco discloses that the sulfide-solid electrolyte is measured using X-ray diffraction using a CuK α measurement ([009]). Francisco further discloses Example 1 of a sulfide solid electrolyte that has diffraction angles of 2ϴ = 15.5 o ± 0.5 o , 18.0 o ± 0.5, 25.0 o ± 0.5 o , 30.0 o ± 0.5 o , 31.0 o ± 0.5 o ,39.5 o ± 0.5 o (Fig. 3a, [0068]). Francisco further discloses wherein the sulfide solid electrolyte is formed mixing Li 3 PS 4 and LiBH 4 precursor phases ([0068]). Francisco further discloses wherein the crystalline structure leads to the space grouping of F-43m ([0082]). Francisco discloses wherein the method for producing the solid electrolyte material comprises mixing a raw lithium materials together to have a substantially amorphized or alloyed structure to create a final composition ([0023]). Francisco further dis closes wherein sulfide solid electrolyte comprising Lithium (Li), boron (B), and a halogen element ([0022]). Francisco discloses wherein the composition is milled using a ball mill wherein the mixing time can be optimized to allow for appropriate homogenization and reaction of the precursor to generate the solid electrolyte ([0042]). Francisco further discloses wherein the appropriate mixing can be accomplished over 10 minutes to 40 hours ([0042]). The examiner notes that the diffraction measurements disclose by Francisco, up to the 2ϴ=40 are the same as the instant claim, the sulfide electrolyte material is formed through mixing crystalline Li 3 PS 4 and LiBH 4 , which is the same as the instant application and comprises boron and a halogen element, which is the same as the instant application . Furthermore, the method of forming the crystalline structure by mixing Li 3 PS 4 and LiBH 4 precursor phases and is formed through ball mill mixing to form a crystalline and amorphous structure, which is the same as the instant application. Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Francisco to have wherein the sulfide-based solid electrolyte shows diffraction peaks at diffraction angles of 2ϴ = 15.5 o ± 0.5 o , 18.0 o ± 0.5, 25.0 o ± 0.5 o , 30.0 o ± 0.5 o , 31.0 o ± 0.5 o ,39.5 o ± 0.5 o , 44.5 o ± 0.5 o , 47.5 o ± 0.5 o , 52.0 o ± 0.5 o , and 54.5 o ± 0.5 o in an XRD spectrum using CuK α rays. Regarding Claim 7 & 18 , Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein sulfide-based solid electrolyte comprising a compound represented by Chemical Formula 1: (Li 3 PS 4 )*a(LiBH 4 )*b( LiX ), wherein X comprises F, Cl, B r or I, with 1 ≤ a ≤ 6 and 0 < b ≤ 4. Francisco discloses wherein the sulfide solid electrolyte composition is formed to create Li 3 PS 4 LiBH 4 ([0029]). Francisco further discloses wherein the solid electrolyte material comprises a formula LPSX.zLiX , where LPSX comprising a mixture of Li.sub.2S, P.sub.2S.sub.5 and LiX in a glass forming ratio or Li.sub.2S, B.sub.2S.sub.3 and LiX in a glass forming ratio, where LiX comprises one or more of LiCl, LiBr , LiI , LiBH.sub.4, LiBF.sub.4, LiNH.sub.2, and LiNO.sub.3, and 0<z≤25 ([0014]). Therefore it is the examiner’s position that the formula of (Li 3 PS 4 )*a(LiBH 4 )*b( LiX ), wherein X comprises F, Cl, BR or I, with 1 ≤ a ≤ 6 and 0 < b ≤ 4 can be achieved by mixing the Li 2 S with B 2 S 3 with LiX , where X can be Cl, Br, I and BH 4 to form Formula 1. Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Francis so to have wherein sulfide-based solid electrolyte comprising a compound represented by Chemical Formula 1: (Li 3 PS 4 )*a(LiBH 4 )*b( LiX ), wherein X comprises F, Cl, BR or I, with 1 ≤ a ≤ 6 and 0 < b ≤ 4. Regarding Claim 8 & 19 , Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein sulfide-based solid electrolyte comprising a compound represented by Chemical Formula 1: (Li 3 PS 4 )*a(LiBH 4 )*d(LiX1)*e(LiX2), wherein X1 and X2 comprise different halogen element, and each X1 and X2 independently comprises F, Cl, B r or I, with 1 ≤ c ≤ 6 and 0 < d ≤ 2 ,and 0 < e ≤ 2. Francisco discloses wherein the sulfide solid electrolyte composition is formed to create Li 3 PS 4 LiBH 4 ([0029]). Francisco further discloses wherein the solid electrolyte material comprises a formula LPSX.zLiX , where LPSX comprising a mixture of Li.sub.2S, P.sub.2S.sub.5 and LiX in a glass forming ratio or Li.sub.2S, B.sub.2S.sub.3 and LiX in a glass forming ratio, where LiX comprises one or more of LiCl, LiBr , LiI , LiBH.sub.4, LiBF.sub.4, LiNH.sub.2, and LiNO.sub.3, and 0<z≤25 ([0014]). Therefore it is the examiner’s position that the formula of (Li 3 PS 4 )*a(LiBH 4 )*d(LiX1)*e(LiX2), wherein X comprises F, Cl, BR or I, with 1 ≤ a ≤ 6 and 0 < b ≤ 4 can be achieved by mixing the Li 2 S with B 2 S 3 with LiX , where X can be Cl, Br, I and BH 4 to form Formula 2. Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Francisco to have wherein sulfide-based solid electrolyte comprising a compound represented by Chemical Formula 1: (Li 3 PS 4 )*a(LiBH 4 )*d(LiX1)*e(LiX2), wherein X1 and X2 comprise different halogen element, and each X1 and X2 independently comprises F, Cl, Br or I, with 1 ≤ c ≤ 6 and 0 < d ≤ 2 ,and 0 < e ≤ 2. Regarding Claim 9, Francisco discloses the limitations as set forth above. Francisco does not directly disclose wherein the sulfide-based solid electrolyte has lithium-ion conductivity of about 5 mS/cm or greater measured at a temperature of about 20 o C to 30 o C. Francisco discloses wherein the conductivity of the solid electrolyte when measured at room temperature, can be 7.2, 8.2 or 6.6 5mS/cm (Fig. 6a, [0032]). Therefore, it would be obvious to one using the disclosure of Francisco to have wherein the sulfide-based solid electrolyte has a lithium-ion conductivity of about 5 mS/cm or greater measured at a temperature of about 20 o C to 30 o C. Regarding Claim 11, Francisco discloses the limitations as set forth above. Fancisco does not directly disclose wherein the starting material further comprises LiX2, wherein X2 comprises a halogen element different from X1, and X2 comprises F, Cl, Br, or I. Francisco discloses wherein the sulfide solid electrolyte composition is formed to create Li 3 PS 4 LiBH 4 ([0029]). Francisco further discloses wherein the solid electrolyte material comprises a formula LPSX.zLiX , where LPSX comprising a mixture of Li.sub.2S, P.sub.2S.sub.5 and LiX in a glass forming ratio or Li.sub.2S, B.sub.2S.sub.3 and LiX in a glass forming ratio, where LiX comprises one or more of LiCl, LiBr , LiI , LiBH.sub.4, LiBF.sub.4, LiNH.sub.2, and LiNO.sub.3, and 0<z≤25 ([0014]). Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Francisco to have wherein the starting material further comprises LiX2, wherein X2 comprises a halogen element different from X1, and X2 comprises F, Cl, Br, or I. Regarding Claim 14, Francisco discloses the limitations as set forth above. Francisco discloses wherein the crystalline phased has a space group of F-43m (the crystalline structure leads to the space grouping of F-43m, [0082]). Claim (s) 12 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Francisco (US20210296690) in view of Choi (US20220006116). Regarding Claim 12, Francisco discloses the limitations as set forth above . Francisco discloses wherein the composition is milled using a ball mill wherein the mixing time can be optimized to allow for appropriate homogenization and reaction of the precursor to generate the solid electrolyte ([0042]). Francisco further discloses wherein the appropriate mixing can be accomplished over 10 minutes to 40 hours ([0042]). Francisco does not directly disclose wherein obtaining the sulfide-based solid electrolyte comprises subjecting the starting material to milling using a ball mill at about 500 rpm to 800 rpm for about 1 minute to 10 minutes and resting for about 1 minute to 5 minutes, or wherein repeating milling and resting about 10 to 20 times. Choi discloses a method of forming a solid electrolyte ([002]). Choi further discloses wherein ball mill mixing is used, wherein a first-time interval and second time interval are used, where the first internal includes the ball-mixing and the second interval includes resting ([0143]). Choi further discloses wherein the first interval and second interval will have multiple cycle alternations ([0143]). Choi further discloses wherein the ball-mill mixing can be performed at 700 RPM ([0142]), which is within the instant claim range of 500 rpm to 800 rpm. Choi teaches that this alternation method provides a mixture of crystalline and amorphous phases ([0143]). Therefore, it would be obvious to one of ordinary skill in the art to modify Francisco with the teachings of Choi to have wherein obtaining the sulfide-based solid electrolyte comprises subjecting the starting material to milling using a ball mill at about 500 rpm to 800 rpm for about 1 minute to 10 minutes and resting for about 1 minute to 5 minutes, or wherein repeating milling and resting about 10 to 20 times. This modification would yield the expected result of providing a mixture of crystalline and amorphous phases. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ANKITH R SRIPATHI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2370 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday: 7:30 am - 5:00pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Matthew Martin can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-7871 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANKITH R SRIPATHI/ Examiner, Art Unit 1728 /MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728