CTNF 18/503,463 CTNF 84574 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. Priority 02-26 AIA Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement 3. The information disclosure statements (IDS) submitted on 11/7/2023 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith. Drawings 06-37 AIA 4. The drawings were received on 11/7/2023 . These drawings are acceptable . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 5. 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 6. 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 7. 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. 07-21-aia AIA 8. Claim (s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugimoto et al (US 20200350621 A1) in view of Asano et al (US 20190088995 A1) . Regarding claim 1, Sugimoto discloses a solid electrolyte material comprising Li, M, and X, wherein M is a metal element and X is at least one selected from the group consisting of Cl, Br, and I [Abstract]. Sugimoto also teaches that metal element can be Al (aluminum) [paragraph 0027-0030]. Sugimoto further teaches that the solid electrolyte material comprises a crystal phase and can be determined by selecting the reaction method and reaction conditions of the raw material powders [paragraph 0101-0102]. Sugimoto remains silent about X-ray diffraction measurement of the solid electrolyte material. However, it is known in the art X-ray diffraction measurement of the solid electrolyte material in order to provide rapid, non-destructive insights into their crystalline structure, phase composition, and structural changes that directly affect electrochemical performance. Asano discloses a solid electrolyte material having a crystal phase and utilize X-ray diffraction measurement [Abstract; paragraph 0024- 0027, 0034-0035, 0041-0042, 0057-0069]. It is within the grasp of a skilled artisan that results of X-ray diffraction measurement is specific to specific material configuration and when specific M and X will be chosen with Li, similar results are expected and would be obvious. Regarding claim 2, Sugimoto teaches that the composition can be comprising Li, Al and Cl. Therefore, it will have the crystal phase structure of LiAlCl 4 . Regarding claim 3, Sugimoto teaches that the solid electrolyte material is represented by the composition formula Li α M β X γ , wherein α, β, and γ are each independently a value greater than 0, wherein “X” is at least one selected from the group consisting of Cl, Br, and I, and wherein “M” is a metal element (e.g. Al) from Group 13 of the periodic table (i.e. boron, aluminum, gallium, indium, thallium, nihonium) ([0017]-[0022], [0028], [0030]). Sugimoto does not explicitly teach the instantly claimed compositional formula (1) (with the provision that 0 < a < 1 is satisfied). However, the composition formula (i.e. Li α M β X γ ) disclosed by Sugimoto is considered to result in a formula overlapping the instantly claimed composition formula (1) when considering the aforementioned compositional/subscript limitations set forth by Sugimoto (i.e. (A) α, β, and γ are each independently a value greater than 0, (B) “X” may specifically be Cl because “X” is at least one selected from the group consisting of Cl, Br, and I, and (C) “M” may specifically be Al because “M” may be specifically be a metal element from Group 13 of the periodic table, wherein Group 13 includes boron, aluminum, gallium, indium, thallium, and nihonium). It is noted that in the case where the claimed range(s) “overlap or lie inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)). Regarding claims 4-6, Sugimoto does not explicitly teach that the instantly claimed inequality is satisfied. However, the composition formula (i.e. Li α M β X γ ) disclosed by Sugimoto is considered to result in a formula overlapping the instantly claimed composition formula (1) when considering the aforementioned compositional/subscript limitations set forth by Sugimoto (i.e. (A) α, β, and γ are each independently a value greater than 0, (B) “X” may specifically be Cl because “X” is at least one selected from the group consisting of Cl, Br, and I, and (C) “M” may specifically be Al because “M” may be specifically be a metal element from Group 13 of the periodic table, wherein Group 13 includes boron, aluminum, gallium, indium, thallium, and nihonium). It is noted that in the case where the claimed range(s) “overlap or lie inside ranges disclosed by the prior art,” a prima facie case of obviousness exists (See MPEP 2144.05 (I)). Regarding Claim 7, It is within the grasp of a skilled artisan that results of X-ray diffraction measurement is specific to specific material configuration and when specific M and X will be chosen with Li, similar results are expected and would be obvious. Regarding Claim 8, Sugimoto teaches the instantly claimed invention of Claim 1, as previously described. As illustrated in Figure 1, Sugimoto teaches a battery (1000) (“battery”) comprising a positive electrode (101) (“positive electrode”), a negative electrode (103) (“negative electrode”), and an electrolyte layer (102) (“electrolyte layer”) disposed between said positive and negative electrodes ([0104]-[0106]). Sugimoto teaches that the positive electrode includes the solid electrolyte material therein, and also that the electrolyte layer may include the solid electrolyte material therein, and also that the negative electrode may include the solid electrolyte material therein (Abstract, [0110], [0114], [0143]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm. 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, Tong Guo can be reached at (571) 272-3066. 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. /MUHAMMAD S SIDDIQUEE/Primary Examiner, Art Unit 1723 Application/Control Number: 18/503,463 Page 2 Art Unit: 1723 Application/Control Number: 18/503,463 Page 3 Art Unit: 1723 Application/Control Number: 18/503,463 Page 4 Art Unit: 1723 Application/Control Number: 18/503,463 Page 5 Art Unit: 1723 Application/Control Number: 18/503,463 Page 6 Art Unit: 1723 Application/Control Number: 18/503,463 Page 7 Art Unit: 1723
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