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 .
Status of Claims and Other Notes
Claims 1–4 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0250258 A1.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 22 January 2024 was filed before the mailing of a first Office Action on the merits. The submission complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 22 January 2024. These drawings are acceptable.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: COPPER SELENIDE POSITIVE ELECTRODE ACTIVE MATERIAL AND FLUORIDE ION BATTERY INCLUDING THE SAME.
Claim Interpretation
Statements in the preamble reciting the purpose or intended use of the claimed invention, which do not result in a structural difference (or, in the case of process claims, manipulative difference) between the claimed invention and the prior art, do not distinguish over the prior art apparatus (or process). See, e.g., In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963); In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). If a prior art structure is capable of performing the intended use as recited in the preamble, then it meets the claim. See, e.g., In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) and cases cited therein, as it has been held that the recitation of a new intended use for an old product does not make a claim to that old product patentable. In re Schreiber, 44 USPQ2d 1429 (Fed. Cir. 1997). MPEP §§ 2111.02, 2112.02 and 2114–2115.
Claim Rejections - 35 USC § 102
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.
Claims 1–4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adachi et al. (US 2019/0296338 A1, hereinafter Adachi).
Regarding claim 1, Adachi discloses a positive electrode active material (1, [0023]) for a fluoride ion battery, comprising:
copper selenide (4p, [0028]).
Regarding claim 2, Adachi discloses all the claim limitations as set forth above and further discloses a positive electrode active material:
wherein the copper selenide is Cu2Se (4p, [0028]).
Regarding claim 3, Adachi discloses a fluoride ion battery (see fluoride ions, [0042]) comprising a positive electrode active material layer, an electrolyte layer, and a negative electrode active material layer, wherein the positive electrode active material layer comprises a positive electrode active material (see battery, [0040]), wherein the positive electrode active material (1, [0023]) comprises:
copper selenide (4p, [0028]).
Regarding claim 4, Adachi discloses all the claim limitations as set forth above and further discloses a fluoride ion battery:
wherein the electrolyte layer comprises a solid electrolyte (see solid, [0042]).
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhao et al. (CN 106920989 A, hereinafter Zhao).
Regarding claim 1, Zhao discloses a positive electrode active material for a fluoride ion battery, comprising:
copper selenide (see Cu2Se; [0039], [0043]).
Regarding claim 2, Zhao discloses all the claim limitations as set forth above and further discloses a positive electrode active material:
wherein the copper selenide is Cu2Se (see Cu2Se; [0039], [0043]).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ahn et al. (KR 2020-0143860 A, hereinafter Ahn).
Regarding claim 1, Ahn discloses a positive electrode active material (see cathode, [0049]) for a fluoride ion battery (see fluoride, [0049]), comprising
copper selenide (FIG. 27, [0136]).
Regarding claim 3, Ahn discloses a fluoride ion battery (see fluoride, [0049]) comprising a positive electrode active material layer, an electrolyte layer, and a negative electrode active material layer, wherein the positive electrode active material layer comprises a positive electrode active material (see battery, [0095]), wherein the positive electrode active material (see cathode, [0049]) comprises:
copper selenide (FIG. 27, [0136]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ahn (KR 2020-0143860 A) as applied to claim 3 above, and further in view of Zhao (CN 106920989 A).
Regarding claim 4, Ahn discloses all the claim limitations as set forth above, but does not explicitly disclose a fluoride ion battery:
wherein the electrolyte layer comprises a solid electrolyte.
Zhao discloses a battery having an electrolyte layer including a solid electrolyte ([0017], [0019]). While Ahn does disclose said electrolyte layer, it does not explicitly disclose said solid electrolyte. As the reference is not limited to any specific examples of electrolyte layers, electrolyte layers comprising solid electrolyte were well known in the art at the time the invention was made, as evidenced by Zhao. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use any electrolyte, including solid electrolyte in the electrolyte layer of Ahn. Said combination would amount to use of a known element for its intended use in a known environment to accomplish entirely expected result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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