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 Claim(s) 1-17 are currently pending. 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. Claim(s) 1-4 and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2021 / 0111426 A1 , Li et al. (hereinafter “Li”). Regarding claims 1 and 14 Li teaches a battery (20) [Fig. 1 and para . 0041 ] comprising: a positive electrode (2 4 ) [ Fig. 1 and para. 0041 ]; a negative electrode (22) [ Fig. 1 and para. 0041 ]; and an electrolyte layer ( corresponding to separator 26 comprising a solid-state electrolyte ) located between the positive electrode (2 4 ) and the negative electrode (22) [ Fig. 1 and para. 0041 ], wherein the positive electrode (2 4 ) contains a positive electrode material (corresponding to positive solid-state electroactive particles 60 ) comprising: a positive electrode active material ( positive solid-state electroactive particles 60 comprise one or more lithium-based positive electroactive materials such as, for example, LiNi 0.5 Mn 1.5 O 4 ) [Fig. 1 and para. 0059 ]; a first solid electrolyte material (corresponding to LiNbO 3 coating layer) coating at least a portion of a surface of the positive electrode active material ( the positive solid-state electroactive particles 60 may be coated with LiNbO 3 ) [ para. 0060 ]; and a second electrolyte material (corresponding to s olid-state electrolyte particles 92 ) [Fig. 1, para s . 0041 and 0061 ], wherein the first solid electrolyte material contains Li, Nb, and O (LiNbO 3 ) [para. 00 6 0], wherein the second electrolyte material (92) contains Li and at least one selected from the group consisting of Cl and Br ( s olid-state electrolyte particles 92 may comprise one or more sulfide-containing electrolyte materials selected from the group consisting of: Li 6 PS 5 Br, Li 6 PS 5 Cl , and combinations thereof ) [para. 0061] , and the positive electrode active material (1) contains a material represented by the following composition formula (1): LiNixMn2-xO4 Formula (1) where x satisfies 0 < x < 2 ( LiNi 0.5 Mn 1.5 O 4 ) [para. 0 059 ]. Li, Fig. 1 Regarding claim 2 Li teaches the positive electrode material as set forth ab ove , wherein the composition formula (1) satisfies 0 < x < 1 ( LiNi 0.5 Mn 1.5 O 4 , where x = 0.5) [para. 00 59 ]. Regarding claim 3 Li teaches the positive electrode material as set forth above, wherein the composition formula (1) satisfies x = 0.5 ( LiNi 0.5 Mn 1.5 O 4 , where x = 0.5) [para. 00 59 ]. Regarding claim 4 Li teaches the positive electrode material as set forth above , wherein the first solid electrolyte material contains lithium niobate [para. 00 60 ]. Regarding claim 11 Li teaches the positive electrode material as set forth above , wherein the second electrolyte material (92) further contains a sulfide solid electrolyte (solid-state electrolyte particles 92 may comprise one or more sulfide-containing electrolyte materials selected from the group consisting of: Li 6 PS 5 Br, Li 6 PS 5 Cl, and combinations thereof) [para. 0061] . Regarding claim 1 2 Li teaches the positive electrode material as set forth above, wherein the second electrolyte material contains Li 6 PS 5 Cl [para. 0061], Regarding claim 1 3 Li teaches the positive electrode material as set forth above, wherein the first solid electrolyte material (LiNbO 3 coating) is located between the positive electrode active material (60) and the second electrolyte material (92) [ Fig. 1, paras. 0060-0061]. 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) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claim s 1-4 and 11-14 above, and further in view of WO2020 / 067425 A1, Washida et al. with US2021/0234158 A1 used as an English language equivalent . Regarding claim 5 Li does not teach a mass ratio of the first solid electrolyte material to the positive electrode active material is greater than or equal to 0.50%. Washida teaches a battery [para. 0101] comprising: a positive electrod e, a negative electrode , and an electrolyte layer located between the positive electrode and the negative electrode [para. 0101], wherein the positive electrode contains a positive electrode material comprising: a positive electrode active material (corresponding to a core particle) and a coating layer comprising LiNbO ) coating at least a portion of a surface of the positive electrode active material (core particle) [paras. 0020-0021, 0023 , 0076 and 0096] , wherein the positive electrode active material contains a material represented by the following composition formula (1): LiNixMn2-xO4 Formula (1) where x satisfies 0 < x < 2 (the core particle comprises an active material comprising a lithium-metal complex oxide such as, e.g., LiNi 0.5 Mn 1.5 O 4 ) [paras. 0060 and 0076]. Washida teaches the mass ratio of said LiNbO coating layer being greater than or equal to 0.50% (0.01% or more) [para. 0067]. By providing a coating layer within the above ranger, an increase in an interface resistance with a sulfide solid electrolyte can be suppressed thereby improving the battery performance [paras. 0021 and 0067]. Li and Washida are analogous inventions in the field of batteries comprising positive electrode materials having a LiNi 0.5 Mn 1.5 O 4 positive electrode active material and a coating layer comprising Li, Nb and O on a surface thereof. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the mass ratio of the first solid electrolyte material in Li ( LiNbO 3 ) to the positive electrode active material ( LiNi 0.5 Mn 1.5 O 4 ) to be in a range of 0.01% or more, as disclosed in Washida , for the purpose of suppressing an increase in an interface resistance with a sulfide solid electrolyte thereby improving the battery performance [ Washida , paras. 0021 and 0067]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05]. Regarding claim 6 Modified Li teaches the positive electrode material as set forth above , wherein a mass ratio of the first solid electrolyte material to the positive electrode active material is greater than or equal to 0.93% (0.01% or more) [ Washida , para. 0067]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05]. Claim(s) 7-10 and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claims 1-4 and 11-14 above, and further in view of WO 2019 / 135323 A1, Sakaida et al. (hereinafter “ Sakaida ”) , with US 2020/0328465 A1 used as an English language equivalent. Regarding claim 7 Li teaches the positive electrode material as set forth above, wherein the second electrolyte material contains Li 6 PS 5 Cl [para. 0061] . Li does not teach the second electrolyte material further containing at least one selected from the group consisting of metallic elements other than Li and metalloid elements. Sakaida teaches teaches a battery comprising a solid electrolyte material represented by the formulg Li α M β X γ , where, α, β and γ are values larger than 0 , M includes at least one of metalloid elements and metal elements other than Li , and X is one or more kinds of elements selected from the group consisting of Cl, Br and I [paras. 0032-0035]. The solid electrolyte material of Sakaida decreases the r isk of the short circuit due to precipitation of a lithium metal at the time of overcharging , thereby improving safety [para. 0036]. Li and Sakaida are analogous inventions in the field of batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second electrolyte material of Li to comprise the electrolyte material disclosed in Sakaida , for the purpose of suppressing the risk of short circuits due to precipitation of a lithium metal at the time of overcharging , thereby improving safety. It is noted that one would have found obvious to modify only the second electrolyte material, as the first electrolyte material in Li constitutes a coating layer over the positive electrode active material, while the second electrolyte material (92) of Li are disclosed to comprise the same material as that in the electrolyte layer (particles 30) [para. 0061]. Regarding claim 8 Modified Li teaches the positive electrode material as set forth above, wherein the second electrolyte material contains a material represented by the following composition formula (2): Li α M β X γ O δ Formula (2) where α, β, and γ are values greater than 0, δ is a value greater than or equal to 0, M is at least one selected from the group consisting of metallic elements other than Li and metalloid elements, and X is at least one element selected from the group consisting of Cl and Br ( Li α M β X γ , where, α, β and γ are values larger than 0 , M includes at least one of metalloid elements and metal elements other than Li , and X is one or more kinds of elements selected from the group consisting of Cl, Br and I [ Sakaida , paras. 0032-0035]. Regarding claim 9 Modified Li teaches the positive electrode material as set forth above, wherein M contains at least one selected from the group consisting of Y and Ta [ Sakaida , para. 0 039 ]. Regarding claim 10 Modified Li teaches the positive electrode material as set forth above, wherein the composition formula (2) satisfies: 1 ≤α≤ 4 [ Sakaida , paras. 0032-0035 and 0062-0071] ; 0 <β≤ 2 [ Sakaida , paras. 0032-0035 and 0062-0071 ] ; 3 ≤γ< 7 [ Sakaida , paras. 0032-0035 and 0062-0071] ; and 0 ≤δ≤ 2 [ Sakaida , paras. 0032-0035 and 0062-0071] . In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) [MPEP 2144.05]. Regarding claim 15 Li does not teach the electrolyte layer includ ing a first electrolyte layer and a second electrolyte layer, and the first electrolyte layer is in contact with the positive electrode, and the second electrolyte layer is in contact with the negative electrode. Sakaida teaches a battery (1000) comprising a positive electrode (201), a negative electrode (202), and an electrolyte layer (100) positioned therebetween [Fig. 1 and para. 0027], wherein the electrolyte layer (100) includ es a first electrolyte layer (101) and a second electrolyte layer (102) [Fig. 1 and para. 0029] , and the first electrolyte layer (101) is in contact with the positive electrode (201) , and the second electrolyte layer (102) is in contact with the negative electrode (202) [Fig. 1 and paras. 0027-0031]. The electrolyte layer of Sakaida decreases the r isk of the short circuit due to precipitation of a lithium metal at the time of overcharging , thereby improving safety [para. 0036]. Li and Sakaida are analogous inventions in the field of batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the electrolyte layer of Li to comprise a first electrolyte layer and a second electrolyte layer , as in Sakaida , for the purpose of suppressing the risk of short circuits due to precipitation of a lithium metal at the time of overcharging , thereby improving safety . Regarding claim 1 6 Modified Li teaches the battery as set forth above, wherein the first electrolyte layer (26) contains a material having a composition identical to that of the second electrolyte material (t hird plurality of solid-state electrolyte particles 92 may be the same or different from the first plurality of solid-state electrolyte particles 30 ) [Li, para. 0061]. Regarding claim 1 7 Modified Li teaches the battery as set forth above , wherein the second electrolyte layer (26) contains a material having a different composition from the first solid electrolyte material (t hird plurality of solid-state electrolyte particles 92 may be the same or different from the first plurality of solid-state electrolyte particles 30 ) [Li, para. 0061]. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2015 / 0270537 A1 , Kato et al. teaches a battery (20) [ Fig. 4, para s . 0043 and 0053 ] comprising: a positive electrode (21) [ Fig. 4 and para. 0053 ] ; a negative electrode (22) [ Fig. 4 and para. 0053 ] ; and an electrolyte layer (23) located between the positive electrode (21) and the negative electrode (22) [ Fig. 4 and para. 0053 ] , wherein the positive electrode (21) contains a positive electrode material (corresponding to active material powder 10) comprising: a positive electrode active material ( 1 ) [ Fig. 4 and para. 0053 ] ; a first solid electrolyte material (corresponding to coating layer 2 comprising LiNbO 3 ) coating at least a portion of a surface of the positive electrode active material ( 1 ) [ Fig. 4, paras. 0024, 0050 and 0053 ] ; and a second electrolyte material (corresponding to sulfide solid electrolyte 23a ) [ Fig. 4 and para. 0053 ] , wherein the first solid electrolyte material contains Li, Nb, and O ( LiNbO 3 ) [para. 0050], and the positive electrode active material (1) contains a material represented by the following composition formula (1): LiNixMn2-xO4 Formula (1) where x satisfies 0 < x < 2 ( LiNi 0.5 Mn 1 .5 O 4 ) [para s. 0053 and 0068 ] . 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