CTNF 18/466,053 CTNF 100118 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Summary This is a non-final office action for application 18/466,053 filed on 09/13/2023. Claims 1-20 are pending. Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copies have been filed in parent Application Nos. JP2021-068043 filed on 04/13/2021 and PCT/JP2021/044435 filed on 12/03/2021. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 09/13/2023 and 07/29/2025 are being considered by the examiner. Claim Objections 07-29-01 AIA Claim s 14 and 16 are objected to because of the following informalities: Claim 14 is objected to because it recites “formulae” in line 1 this should be removed for the sake of consistency with the claim 8. Claim 16 is objected to because it recites “(3)” in line 3 this should read “formula (3)” for the sake of consistency with the other formulas in claims 6 and 13 . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al. (WO-2019146295-A1), US-20200350562-A1 is being used as an equivalent translation and referenced below and further in view of Asano et al. (US-20190088995-A1) . Regarding Claim 1, Sugimoto discloses a battery (see e.g. "a battery 1000" in paragraph [0014] and FIG. 1) comprising: a positive-electrode layer (see e.g. "a cathode 101" in paragraph [0120] and part number 101 in FIG. 1); a negative-electrode layer (See e.g. "an anode 103" in paragraph [0120] and part number 103 in FIG. 1); and an electrolyte layer (see e.g. "an electrolyte layer 102" in paragraph [0120] and part number 102 in FIG. 1) between the positive-electrode layer and the negative-electrode layer (see e.g. "The electrolyte layer 102 is disposed between the cathode 101 and the anode 103." in paragraph [0121] and part number 102 in FIG. 1), wherein the negative-electrode layer includes a negative-electrode active material and a first solid electrolyte (see e.g. "The anode material in the first embodiment includes an anode active material and a first solid electrolyte material" in paragraph [0018] and part numbers 104 and 105 in FIG. 1), the electrolyte layer contains a second solid electrolyte (see e.g. "the electrolyte layer 102 may be composed only of a solid electrolyte material." in paragraph [0178]), the negative-electrode active material contains Li, Ti, and O (see e.g. "the anode active material Li 4 Ti 5 O 12 " in paragraph [0203]), the first solid electrolyte contains a crystalline phase (see e.g. "solid electrolyte material including a crystal phase" in paragraph [0116] and " The first solid electrolyte material may be… Li 3 YBr 6 " in paragraph [0038]) and contains Li, M1, and X1 (see e.g. "The first solid electrolyte material may be… Li 3 YBr 6 " in paragraph [0038]) wherein M1 denotes at least one selected from the group consisting of metal elements and metalloid elements other than Li (see e.g. "Y" in "The first solid electrolyte material may be… Li 3 YBr 6 " in paragraph [0038]), and X1 denotes Br (see e.g. "The first solid electrolyte material may be… Li 3 YBr 6 " in paragraph [0038]) and the second solid electrolyte (see e.g. "The electrolyte layer 102 may include two or more kinds of the materials described as the solid electrolyte material. For example, the electrolyte layer 102 may include the first solid electrolyte material" in paragraph [0179]) contains a crystalline phase and contains Li, M2, and X2 (see e.g. "Li 3 YX 6 " in paragraph [0044] and "where, in the composition formula (A2), X is two or more kinds of elements selected from the group consisting of Cl, Br, and I" in paragraph [0045]), wherein M2 denotes at least one selected from the group consisting of metal elements and metalloid elements other than Li (see e.g. "Y" in " Li 3 YX 6 " in paragraph [0044]), and X2 denotes at least one selected from the group consisting of F, Cl, Br, and I (see e.g. "where, in the composition formula (A2), X is two or more kinds of elements selected from the group consisting of Cl, Br, and I" in paragraph [0045]). Sugimoto does not explicitly disclose that the first solid electrolyte Li 3 YBr 6 has a crystalline phase assigned to a monoclinic crystal or that the second solid electrolyte Li 3 YX 6 has a crystalline phase assigned to a trigonal crystal. However, Sugimoto expressly discloses specific solid electrolyte compositions (e.g., Li 3 YBr 6 and Li 3 YX 6 where X is selected from Cl, Br, and I; see e.g. paragraphs [0038], [0044]–[0045]) that are the same as, or fall within, the compositions recited in the instant application. The instant application itself evidences that such Li–M–halide compositions correspond to particular crystal structures. Specifically, the instant specification teaches that compositions including Li 3 YBr 6 and related Li–Y–Br-based materials possess a crystalline phase assigned to a monoclinic crystal (see e.g. paragraph [0080]), and further teaches that compositions including Li 3 YCl 6 and related Li 3 YX 6 (where X includes Cl) possess a crystalline phase assigned to a trigonal crystal (see e.g. paragraphs [0106]–[0108]). Therefore, because Sugimoto discloses the same or overlapping solid electrolyte compositions as those described in the instant application, a person of ordinary skill in the art would have understood that Sugimoto’s first solid electrolyte (e.g. Li 3 YBr 6 ) possesses a monoclinic crystal phase and that Sugimoto’s second solid electrolyte (e.g. Li 3 YX 6 , including Li 3 YCl 6 embodiments) possesses a trigonal crystal phase. Furthermore, and in the alternative, Asano, in the same field of endeavor, solid halide electrolyte materials, discloses a first solid electrolyte contains a crystalline phase assigned to a monoclinic crystal (see e.g. “the Li 3 ErBr 6 structure (LEB structure) has monoclinic symmetry and is a crystal structure belonging to space group C2/m.” in paragraph [0029] of Asano) and a second solid electrolyte contains a crystalline phase assigned to a trigonal crystal (see e.g. “the Li 3 ErCl 6 structure (LEC structure) has trigonal symmetry and is a crystal structure belonging to space group P-3m1” in paragraph [0056] of Asano). Asano also teaches that solid electrolyte materials of this type lead to higher lithium ion conductivity being achieved. Specifically, irregular arrangement of Y id achieved which three-dimensionally connects the conduction path of lithium ions and thus improves the lithium ion conductivity (see e.g. paragraphs [0063] and [0109] of Asano). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to modify the first solid and second solid electrolyte crystalline phase of Sugimoto et al. such that the first solid electrolyte has a monoclinic crystalline phase and the second solid electrolyte has a trigonal crystalline phase as taught by Asano et al. in order to improve lithium ion conductivity in the solid electrolyte as suggested by Asano. Regarding Claim 2, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that the first solid electrolyte is substantially free of sulfur (see e.g. 'the first solid electrolyte material includes Li, M, and X, and does not include sulfur" in paragraph [0009] and "the first solid electrolyte material Li 3 YBr 2 Cl 2 I 2 " in paragraph [0220]. Regarding Claim 3, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that the second solid electrolyte is substantially free of sulfur (see e.g. "Li 3 YX 6 " in paragraph [0044] and "where, in the composition formula (A2), X is two or more kinds of elements selected from the group consisting of Cl, Br, and I" in paragraph [0045]). Regarding Claim 4, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that X1 denotes at least one selected from the group consisting of Cl, Br, and I (see e.g. "the first solid electrolyte material Li 3 YBr 2 Cl 2 I 2 " in paragraph [0220]; X1 is Cl, Br and I in this species). Regarding Claim 5, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that X1 contains Br (see e.g. "the first solid electrolyte material Li 3 YBr 2 Cl 2 I 2 " in paragraph [0220]; X1 is Cl, Br and I in this species). Regarding Claim 6, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that the first solid electrolyte is Li3YBr2Cl2I2 (see e.g. "the first solid electrolyte material Li 3 YBr 2 Cl 2 I 2 " in paragraph [0220]). This corresponds directly to the claimed species Li α1 M1 β1 X1 γ1 wherein α1, β1, and γ1 each independently denote a value greater than 0. In this case the prior art discloses that M1 is Y and X1 is Cl, Br and I. Regarding Claim 7, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that M1 contains Y(see e.g. "the first solid electrolyte material Li 3 YBr 2 Cl 2 I 2 " in paragraph [0220]; M1 is Y in this species) Regarding Claim 8, Sugimoto in view of Asano discloses the battery according to claim 7 (see e.g. claim 7 rejection above). Sugimoto further discloses that α1 = 3, β1 = 1 and γ1 = 6 (see e.g. "the first solid electrolyte material Li 3 YBr 2 Cl 2 I 2 " in paragraph [0220]). Sugimoto discloses points that lie within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 9, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that the first solid electrolyte is at least one selected from the group consisting of Li 3 YBr 6 , Li 3 YBr 2 Cl 4 , and Li 3 YBr 2 Cl 2 I 2 (see e.g. "The first solid electrolyte material may be Li 3 YCl 6 , Li 3 YBr 6 ... or Li 3 YBr 2 Cl 2 I 2 ) in paragraph [0038]). Regarding Claim 10, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that X2 denotes at least one selected from the group consisting of Cl, Br, and I (see e.g. "Li 3 YX 6 " in paragraph [0044] and "X is two or more kinds of elements selected from the group consisting of Cl, Br, and I" in paragraph [0045]). Regarding Claim 11, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that X2 contains Cl (see e.g. "Li 3 YX 6 " in paragraph [0044] and "X is two or more kinds of elements selected from the group consisting of Cl, Br, and I" in paragraph [0045]). Regarding Claim 12, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that the second solid electrolyte is represented by Li 3 YX 6 (see e.g. "The electrolyte layer 102 may include two or more kinds of the materials described as the solid electrolyte material. For example, the electrolyte layer 102 may include the first solid electrolyte material" in paragraph [0179] and "Li 3 YX 6 " in paragraph [0044]). This corresponds directly with the claimed species Li α2 M2 β2 X2 γ2 wherein M2 is Y, X2 is two or more kinds of elements selected from the group consisting of Cl, Br, and I and α2, β2, and γ2 each independently denote a value greater than 0. Regarding Claim 13, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that the second solid electrolyte is represented by Li 3 YX 6 (see e.g. "Li 3 YX 6 " in paragraph [0044]; M2 is Y). Regarding Claim 14, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto further discloses that α2 = 3, β2 = 1 and γ2 = 6 (see e.g. "Li 3 YX 6 " in paragraph [0044]). Sugimoto discloses points that lie within the ranges claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 18, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection). Sugimoto further discloses that the negative-electrode active material is lithium titanium oxide (see e.g. "the anode active material Li 4 Ti 5 O 12 " in paragraph [0203]; Li 4 Ti 5 O 12 is a lithium titanium oxide). Regarding Claim 19, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection). Sugimoto further discloses that the negative-electrode active material is Li 4 Ti 5 O 12 (see e.g. "the anode active material Li 4 Ti 5 O 12 " in paragraph [0203]). Regarding Claim 20, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection). Sugimoto further discloses that the positive-electrode layer contains lithium nickel cobalt manganese oxide (see e.g. "Examples of the cathode active material include: lithium-containing transition metal oxides (for example... Li(NiCoMn)O 2 " in paragraphs [0128]-[0129]; LiNiCoMnO 2 is a lithium nickel cobalt manganese oxide) . 07-22-aia AIA Claim s 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al. (WO-2019146295-A1), US-20200350562-A1 is being used as an equivalent translation and referenced below in view of Asano et al. (US-20190088995-A1) as applied to claim 1 above, and further in view of Yushin et al. (US-20200343580-A1) . Regarding Claim 15, Sugimoto in view of Asano discloses the battery according to claim 1 (see e.g. claim 1 rejection above). Sugimoto in view of Asano does not disclose that M2 contains Y, Ca, and Gd. Yushin, however, in the same field of endeavor, halide solid electrolytes for use in rechargeable batteries, discloses solid electrolytes of the Li 3 M(Cl x1 Br x2 I x3 F x4 ) 6 type, wherein M may be one or more metals selected from Y, Sc, La, Ce, various lanthanoids and their mixtures (see e.g. paragraph [0105] of Yushin). Yushin further teaches that mixtures of metals may be used in the M site, and that the metals may include elements such as Y and Ca (see e.g. paragraph [0106] of Yushin). Additionally, Yushin teaches that the electrolyte compositions may advantageously comprise lanthanoids such as Gd (see e.g. paragraph [0112] of Yushin). Therefore, Yushin teaches that the metal site in Li–M–halide solid electrolytes may comprise mixtures of metals including Y, Ca, and lanthanoids such as Gd. Yushin also teaches that mixtures of such metals may be used in Li–M–halide solid electrolytes to tune and achieve desirable electrolyte properties (see e.g. paragraphs [0105]– [0112] of Yushin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify M2 in the second solid electrolyte of Sugimoto et al. in view of Asano et al. such that it contains Y, Ca, and Gd as taught by Yushin et al. in order to tune a Li–M–halide solid electrolyte to achieve desirable electrolyte properties as suggested by Yushin. Regarding Claim 16, Sugimoto in view of Yushin discloses the battery according to claim 15 (see e.g. claim 15 rejection above). Sugimoto in view of Asano does not disclose that the second solid electrolyte is Li 6-2a-3d Ca a (Y 1-b Gd b ) d Br 6-c Cl c wherein 0 < a < 3, 0 < b < 1, 0 < c < 6, and 0 < d < 1.5 are satisfied. Yushin, however, discloses halide-based solid electrolytes of the Li 3 M(Cl x1 Br x2 I x3 F x4 ) 6 type, wherein M may be one or more metals selected from Y, Sc, La, Ce, various lanthanoids and their mixtures (see e.g. paragraph [0105] of Yushin). Yushin further teaches that mixtures of metals may be used in the M site and that such metals may include Y and Ca (see e.g. paragraph [0106] of Yushin). Additionally, Yushin teaches that the electrolyte compositions may advantageously comprise lanthanoids such as Gd (see e.g. paragraph [0112] of Yushin). Therefore, Yushin teaches Li–M–halide solid electrolytes containing mixtures of metals including Y, Ca, and lanthanoids such as Gd, and mixed halides including Cl and Br, which correspond to the compositional system recited in the claimed formula. Yushin also teaches that mixtures of such metals may be used in Li–M–halide solid electrolytes to tune and achieve desirable electrolyte properties (see e.g. paragraphs [0105]–[0112] of Yushin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Li 3 YX 6 solid electrolyte of Sugimoto et al. in view of Asano et al. such that it incorporates additional metal substitutions such as Ca and Gd and mixed halides such as Cl and Br as taught by Yushin et al. in order to tune a Li–M–halide solid electrolyte to achieve desirable electrolyte properties as suggested by Yushin. A person of ordinary skill in the art would have reasonably expected that incorporating such known substitutions into the halide electrolyte of Sugimoto would produce a functional solid electrolyte within the claimed compositional ranges . Allowable Subject Matter 12-151-07 AIA 07-97 12-51-07 Claim 17 is allowed. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Sugimoto et al. (WO-2019146295-A1) in view of Asano et al. (US-20190088995-A1) and further in view of Yushin et al. (US-20200343580-A1) discloses a second solid electrolyte of the type Li 3 M(Cl x1 Br x2 I x3 F x4 ) 6 type, wherein M may be one or more metals selected from Y, Ca and various lanthanoids and their mixtures (see e.g. paragraph [0105] of Yushin). However, the prior art fails to disclose or suggest a second solid electrolyte having the specific composition Li 2.8 Ca 0.1 Y 0.6 Gd 0.4 Br 2 Cl 4 . The claimed composition requires a specific and simultaneous selection of lithium content, multiple metal species (Ca, Y, and Gd), and halide constituents (Br and Cl) in particular atomic ratios. While the cited references generally disclose halide-based solid electrolytes and broad compositional ranges, they do not teach or suggest the claimed stoichiometry, nor do they provide any guidance that would have led one of ordinary skill in the art to arrive at the claimed composition through routine optimization or design choice. Further, the prior art does not provide a sufficient rationale or motivation to combine or modify the disclosed compositions to achieve the presently claimed specific arrangement and ratios of elements. The claimed composition therefore represents a non-obvious species within the broader genus disclosed by the prior art. Claim 17 depends from claims 16, 15, and 1, which remain rejected. However, claim 17 includes additional limitations that render the claimed subject matter allowable for the reasons set forth above. Conclusion 07-96 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Asano et al. (US-20200335817-A1) Sakai et al. (US-20200212478-A1) Sugimoto et al. (US-20200350627-A1) Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE EFYMOW whose telephone number is (571)270-0795. The examiner can normally be reached Monday - Thursday 10:30 am - 8:30 pm EST. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.J.E./Examiner, Art Unit 1723 /TONG GUO/Supervisory Patent Examiner, Art Unit 1723 Application/Control Number: 18/466,053 Page 2 Art Unit: 1723 Application/Control Number: 18/466,053 Page 3 Art Unit: 1723 Application/Control Number: 18/466,053 Page 4 Art Unit: 1723 Application/Control Number: 18/466,053 Page 5 Art Unit: 1723 Application/Control Number: 18/466,053 Page 6 Art Unit: 1723 Application/Control Number: 18/466,053 Page 7 Art Unit: 1723 Application/Control Number: 18/466,053 Page 8 Art Unit: 1723 Application/Control Number: 18/466,053 Page 9 Art Unit: 1723 Application/Control Number: 18/466,053 Page 10 Art Unit: 1723 Application/Control Number: 18/466,053 Page 11 Art Unit: 1723 Application/Control Number: 18/466,053 Page 12 Art Unit: 1723 Application/Control Number: 18/466,053 Page 13 Art Unit: 1723 Application/Control Number: 18/466,053 Page 14 Art Unit: 1723 Application/Control Number: 18/466,053 Page 15 Art Unit: 1723