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, 3, 4, and 6 are pending.
Claims 2 and 5 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 2024/0097120 A1.
Drawings
Applicants' amendments have overcome the objections to the drawings.
Specification
Applicants' amendments have overcome the objections to the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3, 4, and 6 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitations “the coating material includes Al2Ox” and “the coating material consists essentially of Al and O.” The transitional phrase “includes” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. See MPEP § 2111.03 I. The transitional phrase “consisting essentially of” limits the scope of a claim to the specified materials or steps "and those that do not materially affect the basic and novel characteristic(s)" of the claimed invention. In re Herz, 537 F.2d 549, 551-52, 190 USPQ 461, 463 (CCPA 1976). See MPEP § 2111.03 III. The transitional phrases associated with the term “coating material” are conflicting. It is unclear if “the coating material” is inclusive or open-ended and does not exclude additional, unrecited elements or limited to the specified materials or steps "and those that do not materially affect the basic and novel characteristic(s)" of the claimed invention.
Claims 3 and 4 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 3 and 4 are also indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “the positive electrode material according to claim 1” and includes all the limitations of claim 1. Therefore, claim 6 is also indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Allowable Subject Matter
Claims 1, 3, 4, and 6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Watanabe et al. (US 2008/0131778 A1, hereinafter Watanabe).
Watanabe discloses a positive electrode active material comprising a coated positive electrode active material comprising a positive electrode active material (see composite oxide particle, [0770]); and a coating material that covers at least a part of a surface of the positive electrode active material (see surface layer, [0771]), wherein the coating material includes Al2Ox (see Al2O2, TABLE 8) where x satisfies 0<x<3 (see Al2O2, TABLE 8), wherein the coating material consists essentially of Al and O (TABLE 8, [0771]).
Watanabe does not disclose, teach, or suggest the following distinguishing feature:
A positive electrode active material comprising a first solid electrolyte material, wherein the first solid electrolyte material includes Li, M, and X, the first solid electrolyte material includes a halide solid electrolyte, the halide solid electrolyte consisting essentially of Li, M, and X such that a molar fraction of the total amount of substance of Li, M, and X to the total amount of substance of all elements constituting the halide solid electrolyte is 90% or more, M is at least one selected from the group consisting of metal elements and metalloid elements other than Li, and X is at least one selected from the group consisting of F, Cl, Br, and I, wherein a full width at half maximum of a peak belonging to Al2p in a spectrum obtained by X-ray photoelectron spectroscopy of a surface of the coated positive electrode active material is more than 1.80 eV.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 4, and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mah (US 2023/0261202 A1) discloses an electrode active material comprising a coated electrode active material comprising an electrode active material; and a coating material that covers at least a part of a surface of the electrode active material (see porous composite, [0062]), wherein the coating material includes Al2Ox where x satisfies 0<x<3, wherein the coating material consists essentially of Al and O (see Al2O2, [0061]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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, 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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