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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 6/18/2026, with respect to claims 1, 3-4, 6-14 and 16 have been fully considered and are persuasive. The rejection of claims 1, 3-4, 6-14 and 16 has been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made over 35 USC 112. Because the amendment filed 6/18/2026 did not necessitate the following rejection, this rejection is non-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, 3-4, 6-14, and 16 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 and 3 contain the limitation “NASICON-type fluorophosphate”. The addition of the word “type” to an otherwise definite expression extends the scope of the expression so as to render it indefinite. See MPEP 2173.05(b)(III)(E). For purposes of compact prosecution the limitation is interpreted to be “fluorophosphate”.
Claims 4, 6-14, and 16 each depend on claim 1 or 3 and are therefore indefinite for the same reasons.
Allowable Subject Matter
Claims 1, 3-4, 6-14 and 16 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Applicants’ arguments in the response filed 6/18/2026 have been fully considered and are persuasive. Specifically, the Office agrees with the Remarks at Page 5 that Barker does not teach a fluorophosphate comprising the molecular formula Na3MxV2-xNy(P3-7O12)F@C where 0< y ≤ 3 as amended and a carbon coating.
After further search the following references were found to be relevant:
Belharouak et al (US 2021/0395088) teaches a sodium metal vanadium fluorophosphate material as a positive electrode comprising the formula Na3V2-xMxOy(PO4)2F3-y wherein:
0<x≤1, 0≤y≤1; and
M is one or more additional metals including Fe, Cr, Al, In, Ti, Mn, Y, Ga or combinations thereof (see [0046-0047]);
Belharouak does not teach the fluorophosphate comprising the molecular formula Na3MxV2-xNy(P3-7O12)F@C and therefore further comprises N where N is at least one of B, Si, Ge, and As. Furthermore, absent hindsight reasoning there is not reason to modify Barker or Belharouak and arrive at fluorophosphate comprising all of the limitations of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL FORREST whose telephone number is (571)270-5833. The examiner can normally be reached Monday-Friday (10AM-6PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sally A Merkling can be reached at (571)272-6297. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL FORREST/Primary Examiner, Art Unit 1738
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