CTNF 18/526,746 CTNF 101386 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on December 1, 2023 and December 11, 2025 has been considered by the examiner. Double Patenting 08-37 AIA Claim s 1-8 and 12-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-8 and 10-19 of copending Application No. 18/526,790 in view of U.S. Pre-Grant Publication No. 2014/0377627, hereinafter Furuya. Regarding claim 1, Application No. 18,526,790 teaches a battery comprising: a positive electrode; a negative electrode; and an electrolyte layer positioned between the positive electrode and the negative electrode, wherein the positive electrode includes a positive electrode material, the positive electrode material includes a positive electrode active material and a first solid electrolyte material, the positive electrode active material includes an oxide consisting of Li, Ni, Mn, and O, the first solid electrolyte material includes: Li; at least one selected from the group consisting of metalloid elements and metal elements except Li; and at least one selected from the group consisting of F, Cl, and Br, and the negative electrode includes Bi as a main component of a negative electrode active material (copending claim 1). However, Application No. 18/526,790 fails to explicitly teach the negative electrode active material being an alloy including Ni and Bi. Furuya teaches a secondary battery with a positive electrode, a negative electrode, a solid electrolyte layer disposed between the positive and negative electrodes (Abstract). The negative electrode contains a negative electrode active material: an alloy including Ni and Bi [0070]. Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have used the Ni and Bi alloy as the negative electrode active material in Tomita because it is capable of transferring an electron, is preferably solid at normal temperature, and is selected depending on necessity, as taught by Furuya [0070]. One of ordinary skill in the art would appreciate that one could select Bi and Ni as the negative electrode active material alloy if it fulfills the necessities required by the product. Regarding claim 2, Application No. 18,526,790 teaches the battery according to claim 1, wherein the first solid electrolyte material coats at least a portion of a surface of the positive electrode active material (copending claim 2). Regarding claim 3, Application No. 18,526,790 teaches the battery according to claim 1, wherein the positive electrode material further includes a second electrolyte material that is a material having composition different from composition of the first solid electrolyte material (copending claim 3). Regarding claim 4, Application No. 18,526,790 teaches the battery according to claim 1, wherein the positive electrode active material includes a material represented by the following composition formula (1) LiNixMn2-xO4 ... Formula (1), and the composition formula (1) satisfies 0 < x < 2 (copending claim 4). Regarding claim 5, Application No. 18,526,790 teaches the battery according to claim 4, wherein the composition formula (1) satisfies 0 < x < 1 (copending claim 5). Regarding claim 6, Application No. 18,526,790 teaches the battery according to claim 5, wherein the composition formula (1) satisfies x = 0.5 (copending claim 6). Regarding claim 7, Application No. 18,526,790 teaches the battery according to claim 1, wherein the oxide has a spinel structure (copending claim 7). Regarding claim 8, Application No. 18,526,790 teaches the battery according to claim 1, wherein the first solid electrolyte material includes Li, Ti, Al, and F (copending claim 8). Regarding claim 12, Application No. 18,526,790 teaches the battery according to claim 1, wherein the negative electrode is a plating layer (copending claim 10). Regarding claim 13, Application No. 18,526,790 teaches the battery according to claim 3, wherein the second electrolyte material includes a material represented by the following composition formula (3) Lia3Mb3Xy3Od3 ... Formula (3) where a3, b3, and y3 are each a value greater than 0, and d3 is a value equal to or greater than 0, M is at least one selected from the group consisting of metalloid elements and metal elements except Li, and X is at least one selected from the group consisting of F, Cl, Br, and I (copending claim 11). Regarding claim 14, Application No. 18,526,790 teaches The battery according to claim 11, wherein the composition formula (3) satisfies: 1<a3≤4; 0<b3≤2; 3≤y3<7; and 0≤d3≤2 (copending claim 12). Regarding claim 15, Application No. 18,526,790 teaches The battery according to claim 12, wherein the composition formula (3) satisfies: 2.5≤a3≤3; 1≤b3≤1.1; y3= 6; and d3=0 (copending claim 13). Regarding claim 16, Application No. 18,526,790 teaches the battery according to claim 1, wherein the electrolyte layer includes a sulfide solid electrolyte (copending claim 14). Regarding claim 17, Application No. 18,526,790 teaches the battery according to claim 1, wherein the electrolyte layer includes a sulfide solid electrolyte (copending claim 15). Regarding claim 18, Application No. 18,526,790 teaches the battery according to claim 1, wherein the electrolyte layer includes a material including: Li; at least one selected from the group consisting of metalloid elements and metal elements except Li; and at least one selected from the group consisting of F, Cl, and Br (copending claim 16). Regarding claim 19, Application No. 18,526,790 teaches the battery according to claim 16, wherein the electrolyte layer includes Li3YBr2Cl4 (copending claim 17). Regarding claim 20, Application No. 18,526,790 teaches the battery according to claim 1, wherein the electrolyte layer includes a first electrolyte layer and a second electrolyte layer,the first electrolyte layer is positioned between the positive electrode and the negative electrode, and the second electrolyte layer is positioned between the first electrolyte layer and the negative electrode (copending claim 18). Regarding claim 21, Application No. 18,526,790 teaches the battery according to claim 18, wherein the positive electrode material further includes a second electrolyte material that is a material having composition different from composition of the first solid electrolyte material, andthe first electrolyte layer includes a material having the same composition as composition of the second electrolyte material (copending claim 19) . This is a provisional nonstatutory double patenting rejection. 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. 07-21-aia AIA Claim s 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2023/0178720, hereinafter Tomita, and further in view of U.S. Pre-Grant Publication No. 2014/0377627, hereinafter Furuya . Regarding claims 1 and 9-11, Tomita teaches a battery (Fig 1: 1) comprising: a positive electrode (10); a negative electrode (20); and an electrolyte layer (30) positioned between the positive electrode and the negative electrode (‘located between the positive electrode 10 and the negative electrode 20’ [0109]). The positive electrode (10) includes a positive electrode material (‘positive electrode mixture’ [0137]) where the positive electrode material includes a positive electrode active material (‘positive electrode active material’ [0137]) and a first solid electrolyte material (‘a solid electrolyte is included in the positive electrode mixture’ [0147]). The positive electrode active material includes an oxide consisting of Li, Ni, Mn, and O ([0138] with specific example ‘positive-electrode active material LiNi 0.5 Mn 1.5 O 4 ’ [0205]). The first solid electrolyte material includes: Li, at least one selected from the group consisting of metalloid elements and metal elements except Li (Al, In, Y), and at least one selected from the group consisting of F, Cl, and Br (‘halide-based solid electrolyte includes LiAlCl 4 or LiInBr 4 or Li 6-3m Y m X 6 where 0<m<2 and X is Cl or Br’ [0083]). The negative electrode includes a Bi and Ni alloy as the negative electrode active material (‘negative-electrode active material: simple substances, compounds, and alloys (reads on alloy i.e. only BiNi) including Bi and Ni’ [0121]). The examiner notes that the specific example of [0205] does not include all the claimed particulars in the same example and is therefore not anticipated. However, it would have been obvious to combine embodiments selecting from the finite number of options in each of the electrode and electrolyte lists described with an expectation of each material in each list performing its function and described as art recognized equivalents for that purpose barring evidence to the contrary (MPEP 2143-2144). Regarding claim 2, Tomita teaches the battery (Fig 1: 1) according to claim 1, wherein the first solid electrolyte material [0147] coats at least a portion of a surface of the positive electrode active material (‘the content of the solid electrolyte in the positive electrode mixture can be preferably 4 to 80% mass’ [0148], ‘the content of positive-electrode active material in the positive electrode mixture can be preferably 20 to 95% mass [0145]). One of ordinary skill in the art would appreciate that the presence of solid electrolyte in the mixture will coat some portion of the active material and therefore read on the claimed invention. Regarding claim 3, Tomita teaches the battery (Fig 1: 1) according to claim 1, wherein the positive electrode material (material of 10) further includes a second electrolyte material that is a material having composition different from composition of the first solid electrolyte material (‘as the solid electrolyte contained in the positive electrode, it is possible to use one or two or more of the various sulfide-based solid electrolytes, hydride-based solid electrolytes, halide-based solid electrolytes, and oxide-based solid electrolytes described above’ [0148]). Regarding claims 4-6, Tomita teaches the battery (Fig 1: 1) according to claim 5, wherein the composition formula (1) satisfies x = 0.5 (‘positive-electrode active material LiNi 0.5 Mn 1.5 O 4 ’ [0205]). Regarding claim 7, Tomita teaches the battery (Fig 1: 1) according to claim 1, wherein the oxide has a spinel structure (‘spinel-type lithium manganese composite oxide’ [0138]). Regarding claim 12, Tomita teaches the battery (Fig 1: 1) according to claim 1, wherein the negative electrode (20) is a plating layer (‘the negative electrode can be constituted only by a molded article made of a negative electrode mixture that contains an active material and a conductive assistant, or the negative electrode can have a structure including a current collector and a layer formed on the current collector’ [0120]. Plating is a product by process and therefore a plating layer is formed if a negative electrode layer exists MPEP 2113.) The required structure is the material as a layer thereon which is met as detailed above. Regarding claim 13, Tomita teaches the battery (Fig 1: 1) according to claim 3, wherein the second electrolyte material [0148] includes a material represented by the following composition formula (3) Li a3 M b3 X y3 O d3 ... Formula (3) where a3, b3, and y3 are each a value greater than 0, and d3 is a value equal to or greater than 0, M is at least one selected from the group consisting of metalloid elements and metal elements except Li, and X is at least one selected from the group consisting of Cl and Br, (‘halide-based solid electrolyte includes Li 6-3m Y m X 6 where 0<m<2 and X is Cl or Br’ [0083]. Tomita’s ranges for each subscript fall within the instant’s claimed ranges and instant’s d3 would equal zero, therefore Tomita anticipates instant claim 11). Regarding claim 14, Tomita teaches the battery (Fig 1: 1) according to claim 11, wherein The composition formula (3) satisfies: 1 ≤ a3 ≤ 4; 0 < b3 ≤ 2; 3 ≤ y3 < 7; and 0 ≤ d3 ≤ 2 (‘halide-based solid electrolyte includes Li 6-3m Y m X 6 where 0<m<2 and X is Cl or Br’ [0083]. This demonstrates an overlap in ranges taught. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a Prima facie case of obviousness exists (MPEP 2144.05)). Regarding claim 15, Tomita teaches the battery according to claim 12, wherein The composition formula (3) satisfies: 2.5 ≤ a3 ≤ 3; 1 ≤ b3 ≤ 1.1; y3 =6; and d3 =0 (‘halide-based solid electrolyte includes Li 6-3m Y m X 6 where 0<m<2 and X is Cl or Br’ [0083]. This demonstrates an overlap in ranges taught. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a Prima facie case of obviousness exists (MPEP 2144.05)). Regarding claim 16, Tomita teaches the battery (Fig 1: 1) according to claim 1, wherein the electrolyte layer (30) includes a sulfide solid electrolyte (‘it is most desirable that the solid electrolyte layer contain an argyrodite-type sulfide-based solid electrolyte’ [0160]). Regarding claim 17, Tomita teaches the battery (Fig 1: 1) according to claim 14, wherein the sulfide solid electrolyte is Li6PS5CI (‘example of the sulfide-based solid electrolytes is Li 6 PS 5 Cl’ [0081]). Regarding claim 18, Tomita teaches the battery (Fig 1: 1) according to claim 1, wherein the electrolyte layer (30) includes a material including: Li (‘halide-based solid electrolyte includes LiAlCl 4 or LiInBr 4 or Li 6-3m Y m X 6 where 0<m<2 and X is Cl or Br’ [0083]); at least one selected from the group consisting of metalloid elements and metal elements except Li; and [0083] (Al, In, Y in above equations) at least one selected from the group consisting of Cl, and Br [0083] . 07-22-aia AIA Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2023/0178720, hereinafter Tomita as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication No. 2022/0255125, hereinafter Suzuki Regarding claim 8, Tomita teaches a battery (Fig 1: 1) comprising: a positive electrode (10); a negative electrode (20); and an electrolyte layer (30) positioned between the positive electrode and the negative electrode (‘located between the positive electrode 10 and the negative electrode 20’ [0109]). The positive electrode (10) includes a positive electrode material (‘positive electrode mixture’ [0137]) where the positive electrode material includes a positive electrode active material (‘positive electrode active material’ [0137]) and a first solid electrolyte material (‘a solid electrolyte is included in the positive electrode mixture’ [0147]). The solid electrolyte in the positive electrode is utilized in order to further enhance battery characteristics [0148]. However, Tomita fails to teach the first electrolyte material in the positive electrode including Li, Ti Al, and F. Suzuki teaches a positive electrode mixture layer 1B for a secondary battery that contains a positive electrode active material and contains a solid electrolyte, a binder, and a conductive auxiliary agent as necessary [0107]. The solid electrolyte is represented by A 2+a E 1-b+a G b X d where A is Li, E is Ti, G is Al, X is F [0020]. This solid electrolyte provides a high ionic conductivity with a large discharge capacity [0014-0015]. Therefore, these electrolyte materials are considered art recognized equivalents known for the same purpose, ionic conductivity. Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have substituted the electrolyte material including Li, Ti, Al, and F art recognized equivalent electrolyte material of Suzuki in the positive electrode of Tomita in order to further enhance battery characteristics, as taught by both Tomita and Sukuzi with a reasonable expectation of similar results MPEP 2144.06 . 07-22-aia AIA Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over by U.S. Pre-Grant Publication No. 2023/0178720, hereinafter Tomita as applied to claim 16 above, and further in view of U.S. Pre-Grant Publication 2020/0212478, hereinafter Sakai . Regarding claim 19, Tomita teaches, as mentioned above, a battery comprising an electrolyte layer disposed between a positive electrode and a negative electrode [0109]. The negative electrode active material is Bi [0121], the positive electrode active material is LiNi 0.5 Mn 1.5 O 4 [0205], and the solid electrolyte layer that includes one or more of the electrolyte materials including halide-based solid electrolytes [0160]. The halide-based solid electrolyte includes LiAlCl 4 or LiInBr 4 or Li 6-3m Y m X 6 where 0<m<2 and X is Cl or Br’ [0083]. The solid electrolyte layer is utilized in order to further enhance battery characteristics [0160]. However, Tomita fails to teach that the electrolyte layer includes Li 3 YBr 2 Cl 4 . Sakai teaches a solid electrolyte material is Li 3 YBr 2 Cl 4 [0058]. The solid electrolyte material according to the first embodiment has high ionic conductivity and used to provide a battery excellent in charge-discharge property [0037-0038]. Therefore, these electrolyte materials are considered art recognized equivalents known for the same purpose, ionic conductivity. Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have substituted the Li 3 YBr 2 Cl 4 art recognized equivalent ion conductive electrolyte material of Sakai in the electrolyte layer of Tomita in order to further enhance battery characteristics, as taught by both Tomita and Sakai with a reasonable expectation of similar results MPEP 214.06 . 07-22-aia AIA Claim s 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over by U.S. Pre-Grant Publication No. 2023/0178720, hereinafter Tomita as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication 2021/0242490, hereinafter Ku . Regarding claim 20, Tomita teaches, as mentioned above, a battery comprising an electrolyte layer disposed between a positive electrode and a negative electrode [0109]. However, Tomita fails to explicitly teach a first electrolyte layer between the positive and negative electrodes and a second electrolyte layer between the first electrolyte layer and the negative electrode. Ku teaches an all-solid secondary battery that includes a solid electrolyte layer disposed between an anode and cathode layer, where the solid electrolyte layer contains a first solid electrolyte layer including a first solid electrolyte and a second electrolyte layer including a second solid electrolyte. The first solid electrolyte is disposed proximate to the anode layer and the second solid electrolyte layer is disposed proximate to the cathode layer (abstract). Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have used Ku’s structure of the positive electrode, first and second electrolyte layer, and negative electrode in the battery of Tomita because it improves interface characteristics between an anode layer and a solid electrolyte layer [0007]. Regarding claim 21, Tomita and Ku teach the battery according to claim 18. Additionally, Tomita teaches that the positive electrode material further includes a second electrolyte material that is a material having composition different from composition of the first solid electrolyte material (‘as the solid electrolyte contained in the positive electrode, it is possible to use one or two or more of the various sulfide-based solid electrolytes, hydride-based solid electrolytes, halide-based solid electrolytes, and oxide-based solid electrolytes described above’ [0148]), and the first electrolyte layer includes a material having the same composition as composition of the second electrolyte material (’17 mg of the same sulfide-based solid electrolyte as that used for the positive electrode was placed on the solid electrolyte layer’ [0208]). One of ordinary skill in the art would appreciate that it would be obvious to try the finite number of electrolyte materials of Tomita with predictable solutions in the positive electrode and electrolyte layers in order to reach the relationship of instant claim 19 MPEP 2143. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mia K Holbrook whose telephone number is (571)272-9253. The examiner can normally be reached Monday - Friday 7:30-5. 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, Miriam Stagg can be reached at (571) 270-5256. 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. /M.K.H./Examiner, Art Unit 1724 /MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724 Application/Control Number: 18/526,746 Page 2 Art Unit: 1724 Application/Control Number: 18/526,746 Page 3 Art Unit: 1724 Application/Control Number: 18/526,746 Page 4 Art Unit: 1724 Application/Control Number: 18/526,746 Page 5 Art Unit: 1724 Application/Control Number: 18/526,746 Page 6 Art Unit: 1724 Application/Control Number: 18/526,746 Page 7 Art Unit: 1724 Application/Control Number: 18/526,746 Page 8 Art Unit: 1724 Application/Control Number: 18/526,746 Page 9 Art Unit: 1724 Application/Control Number: 18/526,746 Page 10 Art Unit: 1724 Application/Control Number: 18/526,746 Page 11 Art Unit: 1724 Application/Control Number: 18/526,746 Page 12 Art Unit: 1724 Application/Control Number: 18/526,746 Page 13 Art Unit: 1724 Application/Control Number: 18/526,746 Page 14 Art Unit: 1724
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