CTNF 18/394,652 CTNF 86315 DETAILED ACTION (1) 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. This is the first office action on the merits. Claims 1-9 are pending before the Office for review. (2) Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 1-9 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. 07-34-05 AIA Claim 1 recites the limitation " the following " in lines 4, 5, 5-6, 6, 7 and 8 . There is insufficient antecedent basis for this limitation in the claim. Claim 2 is unclear as to the required structure because the R group requirements contradict those of claim 1. Claim 1 requires the R groups have at least one monovalent hydrocarbon group or a monovalent halogenated hydrocarbon group and an ether structure. Claim 2 requires two of the three R groups are hydrogen and one is a monovalent hydrocarbon group having an ether structure. It’s unclear how to interpret this feature of the claimed invention because the requirements are inconsistent. Therefore, the claims are indefinite because their scope is unascertainable to one ordinarily skilled in the art. Claims 2-9 are rejected due to their dependency on claim 1. (3) Claim Rejections - 35 USC § 112 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 07-36-01 AIA Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 is not further limiting of claim 1 because the R group requirements in claim 2 contradict those of claim 1, meaning claim 2 does not include all the limitations of the claim upon which it depends . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. (4) Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, 2 and 5-8 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Okuyama et al. (U.S. Publication No. 2024/0105985) as an English language equivalent to the foreign language WO 2022/158458 A1 . With respect to claims 1 and 2 , Okuyama teaches a solid sulfide electrolyte material comprising lithium, sulfur and halogen atoms, wherein the solid sulfide electrolyte has an epoxy compound (depicted below) adhered to a surface thereof. Abstract and Paragraphs 86-89. PNG media_image1.png 70 116 media_image1.png Greyscale Paragraph 88. Okuyama’s compound is within the scope of the claimed invention when the R groups are either hydrogen, a monovalent hydrocarbon group or a monovalent halogenated hydrocarbon group, wherein ether structures are within the scope of this substituent group. Paragraphs 86-89. Okuyama further teaches the solid sulfide electrolyte is included within the electrode mixture, such as the positive electrode. Paragraphs 224 and 225. With respect to claim 5 , Okuyama teaches the molecular weight of the epoxy compound is 60 or more. Paragraph 42. With respect to claim 6 , Okuyama teaches the content of the epoxy compound of 0.03 to 25 parts by mass based on 100 parts by mass of the sulfide solid electrolyte. Paragraph 40. With respect to claim 7 , Okuyama teaches a positive electrode comprising a positive electrode collector and the positive electrode layer. Paragraphs 224, 225 and 251. With respect to claim 8 , Okuyama teaches a solid-state battery comprising the positive electrode, an electrolyte layer and a negative electrode having a negative electrode layer and a negative electrode current collector. Paragraph 251. (5) Allowable Subject Matter 07-43-02 AIA Claim s 3, 4 and 9 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. The prior art of record, individually or in combination, fails to teach or fairly suggest the positive electrolyte layer comprising a compound represented by general formula (2) or a polymer of a compound represented by general formula (2), as required by claim 3, or the specific compounds required in claim 4. Additionally, the prior art of record, individually or in combination, fails to teach or fairly suggest the solid-state battery wherein the electrolyte and the negative electrode do not contain the solid electrolyte having the coating thereon, as required by claim 8. Okuyama’s battery teaches the opposite, wherein the negative electrode and the electrolyte contain the solid electrolyte having the coating thereon. Paragraph 251. (6) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELI S MEKHLIN whose telephone number is (571)270-7597. The examiner can normally be reached Monday-Friday 7:00 am to 5:00 pm EST. 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, Curtis Mayes can be reached at 571-272-1234. 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. /ELI S MEKHLIN/Primary Examiner, Art Unit 1759 Application/Control Number: 18/394,652 Page 2 Art Unit: 1759 Application/Control Number: 18/394,652 Page 3 Art Unit: 1759 Application/Control Number: 18/394,652 Page 4 Art Unit: 1759 Application/Control Number: 18/394,652 Page 5 Art Unit: 1759
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