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 .
Specification
This application does not contain an abstract of the disclosure as required by 37 CFR 1.72(b). An abstract on a separate sheet is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 16-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Luthe US 11,807,724 B2. US 11,807,724 B2 is a published US patent to be referred to as the Luthe patent. Luthe discloses elements of the applicant’s device as claimed, thus anticipating the applicant’s claimed invention.
Regarding claim 16, Luthe discloses a method comprising: providing a processing vessel containing particles to be processed and milling media (Luthe Col. 7, Lines 58-59: the shredded wastes are filled into a mill containing grinding balls and are shredded further); and simultaneously a) moving the processing vessel to cause interactions between the particles and the milling media to thereby reduce the size of the particles (Luthe Col. 16. Lines 65-67: The milling step, which is crucial for the invention can be carried out preferably in a ball mill, a drum mill, a vibration mill, a planetary mill, a shearer, a squeezer, a mortar and/or rubbing system.; Col. 17, Lines 6-8: The average particle size of the resulting valuable products can vary broadly and can be adjusted by the process conditions.) and b) exposing the processing vessel to microwave radiation (Luthe Col 17, Lines 38-41: In an advantageous embodiment of the mechanochemical process of the invention, the mills or the content can be irradiated with…microwave radiation.).
Regarding claim 17, Luthe discloses a method, wherein the milling media is a microwave susceptor (Luthe Col. 17, Lines 10-11,16: Suitable spherical grinding or milling media consist of, for example…silicon carbide). Silicon carbide is recognized within the art as a microwave susceptor material (“A Study on Microwave Susceptor Material for Hybrid Heating”, Neeraj Kumar Bhoi et al 2019 J. Phys.: Conf. Ser. 1240 012097).
Regarding claim 18, Luthe discloses a method, where in the milling media is microwave transparent (Luthe Col. 17, Lines 10-11,14: Suitable spherical grinding or milling media consist of, for example…glass). Glass is recognized within the art as an optically transparent material.
Regarding claim 19, Luther discloses a method, wherein the processing vessel contains microwave susceptor media (Luther Col. 7, Lines 58-59: a mill containing grinding balls; Col. 17, Lines 10-11,16: Suitable spherical grinding or milling media consist of, for example…silicon carbide). Silicon carbide is recognized within the art as a microwave susceptor material (See Reference provided in claim 17).
Claim Rejections - 35 USC § 103
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 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 20 is rejected under 35 U.S.C. 103 as being unpatentable over Luthe US 11,807,724 B2 as applied to claim 16 above, and further in view of Dong KR 20200045941 A. KR 20200045941 A is a published Korean patent application, to be referred to as the Dong patent.
Regarding claim 20, Luthe discloses the method of claim 16. However, Luthe fails to disclose wherein the particles to be processed comprise argyrodite precursors.
Dong teaches a method wherein, particles to be processed comprise argyrodite precursors (Dong Para [0021-0022]: In order to prepare a mixed powder containing sulfur (S), raw materials composed of a combination of a sulfide-based chalcogenide compound, phosphorus, and / or lithium may be prepared. The raw materials may contain an appropriate proportion of sulfur, phosphorus and / or lithium, depending on the type of porous solid electrolyte to be produced later. For example, to prepare a porous solid electrolyte of the Li-argyrodite Li .sub.6 PS .sub.5 X (X = Cl, Br or I) group, the raw materials are Li .sub.2 S, P .sub.2 S .sub.5 , and LiX (X = Cl, Br, or I). Subsequently, raw materials may be introduced into the container. The mixed powder can be produced by a milling process of raw materials in a container.)
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 method of Luthe and use argyrodite particles as the particles, as taught by Dong, for the purpose of manufacturing a porous solid electrolyte of Li-Argyrodite using argyrodite precursor material, wherein a mixed powder of the argyrodite precursor material is produced by a milling process in a container, the milling process requiring the use of milling equipment and a milling ball i.e. milling media (See Dong Para [0022]).
Claims 21-25, 28-29 are rejected under 35 U.S.C. 103 as being unpatentable over Luthe US 11,807,724 B2 in view of Dong KR 202000454941 A, further in view of Martinez US 2007/0017913 A1. US 2007/0017913 A1 is a published US patent application, to be referred to as the Martinez patent.
Regarding claim 21, Luthe discloses a method comprising: providing microwave susceptor media, and milling media in a reaction vessel (Luther Col. 7, Lines 58-59: a mill containing grinding balls; Col. 17, Lines 10-16: Suitable spherical grinding or milling media consist of, for example, zirconium dioxide (yttrium-stabilized), zirconium dioxide (cerium-stabilized), mixed zirconium oxide, zirconium silicate, aluminum oxide, steatite, diamond pearls, glass, carbon steel, chromium steel, nirosta steel, zirconium silicate/zirconium oxide/silicon nitride, boron carbide, silicon carbide or tungsten carbide.) (Silicon carbide is recognized within the art as a microwave susceptor material (See Reference provided in claim 17). An artisan can select the suitable grinding media specifically for each particular case on the basis of its general knowledge (See Luther Col. 17, Lines 16-18), wherein silicon carbide is the microwave susceptor media to be used with another of the listed milling media material); exposing the reaction vessel to microwaves (Luthe Col 17, Lines 38-41: In an advantageous embodiment of the mechanochemical process of the invention, the mills or the content can be irradiated with…microwave radiation.). However, Luthe fails to disclose a method comprising providing argyrodite precursor particles; simultaneously rotating the reaction vessel; microwaves to thereby heat the microwave susceptor media; heating the argyrodite precursor particles by contact with the microwave susceptor media; reacting the argyrodite precursor particles to form argyrodite particles; and reducing the size of the argyrodite particles.
Dong teaches a method comprising providing argyrodite precursor particles (See rejection of claim 20 above); rotating the reaction vessel to… reduce the size of the argyrodite precursor particles (Dong Para [0022]: The mixed powder can be produced by a milling process of raw materials [Li2S, P2S5, and LiX] in a container. The milling process may be performed at a rotational speed of 100 to 300 rpm, through milling equipment and a zirconia ball.); reacting the argyrodite precursor particles to form argyrodite particles (Dong Para [0021-0022]: in order to prepare a porous solid electrolyte of the Li-argyrodite Li6PS5X (X=Cl, Br or I) group, raw materials may include Li2S, P2S5, and LiX(X=Cl, Br, or I). Subsequently, raw materials may be introduced into the container. The mixed powder can be produced by a milling process of raw materials in a container.); and reducing the size of the argyrodite particles (Dong Para [0055]: The porous solid electrolyte prepared in Example 1 was subjected to a mechanical milling process to prepare a porous solid electrolyte powder.).
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 method of Luthe and provide argyrodite particles in the reaction vessel, as taught by Dong, for the purpose of manufacturing a porous solid electrolyte of Li-Argyrodite using argyrodite precursor material, wherein a mixed powder of the argyrodite precursor material is produced by a milling process in a container, the milling process requiring the use of milling equipment and a milling ball i.e. milling media (See Dong Para [0022]).
Martinez teaches microwave exposure to thereby heat a microwave susceptor media, wherein heating the argyrodite precursor particles by contact with the microwave susceptor media (Martinez Para [0004]: utilizing microwave energy through use of a microwave susceptor that will absorb and/or assimilate microwave energy and convert it to radiant/heat energy… use of a microwave susceptor that will absorb and/or assimilate microwave energy and convert it to radiant/heat energy and impart the energy to said other materials).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method of heating the microwave susceptor media via microwave exposure and heating particles by contact with the microwave susceptor media, as taught by Martinez, since it is known within the art that a microwave susceptor is a material or combination of materials capable of absorbing and/or assimilating microwave energy and converting it to radiant/heat energy (Martinez Para [0065]) for imparting the energy to particles (Martinez Para [0004]).
Regarding claim 22, Luthe in view of Dong, and Martinez discloses a method wherein the argyrodite precursor particles comprise LiX, Li2S, and P2Ss, wherein X is a halogen (Dong Para [0021]: in order to prepare a porous solid electrolyte of the Li-argyrodite Li6PS5X (X=Cl, Br or I) group, raw materials may include Li2S, P2S5, and LiX(X=Cl, Br, or I).)
Regarding claim 23, Luthe in view of Dong, and Martinez discloses a method wherein the argyrodite precursor particles further comprise elemental sulfur (Dong Para [0021]: In order to prepare a mixed powder containing sulfur (S), raw materials composed of a combination of a sulfide-based chalcogenide compound, phosphorus, and/or lithium may be prepared. The raw materials may contain an appropriate proportion of sulfur, phosphorus and/or lithium, depending on the type of porous solid electrolyte to be produced later.).
Regarding claim 24, Luthe in view of Dong, and Martinez discloses a method wherein the microwave susceptor media are the milling media (Luthe Col. 17, Lines 10-11,16: Suitable spherical grinding or milling media consist of, for example…silicon carbide). Silicon carbide is recognized within the art as a microwave susceptor material (See Reference provided in 17).
Regarding claim 25, Luthe in view of Dong, further in view of Martinez discloses a method wherein the microwave susceptor media and the milling media are different media (Luthe Col. 17, Lines 10-16: Suitable spherical grinding or milling media consist of, for example, zirconium dioxide (yttrium-stabilized), zirconium dioxide (cerium-stabilized), mixed zirconium oxide, zirconium silicate, aluminum oxide, steatite, diamond pearls, glass, carbon steel, chromium steel, nirosta steel, zirconium silicate/zirconium oxide/silicon nitride, boron carbide, silicon carbide or tungsten carbide.). Silicon carbide is recognized within the art as a microwave susceptor material (See Reference provided in claim 17). An artisan can select the suitable grinding media specifically for each particular case on the basis of its general knowledge (See Luther Col. 17, Lines 16-18), wherein silicon carbide is the microwave susceptor media to be used with another of the listed milling media material.
Regarding claim 28, Luthe discloses a method comprising providing microwave susceptor media, and milling media in a reaction vessel (See rejection for claim 21); exposing the reaction vessel to microwaves (See rejection for claim 21); reduce the size of the precursor particles (Luthe Col. 7, Lines 58-59). Luthe fails to disclose providing precursor particles of a sulfide-containing solid electrolyte, rotating the reaction vessel, exposing the reaction vessel to microwaves to thereby heat the microwave susceptor media, and reacting the precursor particles to form sulfide-containing solid electrolyte particles.
Dong teaches providing precursor particles of a sulfide-containing solid electrolyte (Dong Para [0036]: In order to prepare a porous solid electrolyte having a composition of Li2S·25P2S5 (Li7P3S11), raw materials Li2S and P2S5 were prepared according to stoichiometric ratios.); rotating the reaction vessel (See rejection for claim 21); reacting the precursor particles to form sulfide-containing solid electrolyte particles (Dong Para [0036]: The raw material was subjected to a mechanical grinding and mixing process to prepare a mixed powder.).
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 method of Luthe and provide argyrodite particles in the reaction vessel, as taught by Dong, for the purpose of manufacturing a porous solid electrolyte of Li-Argyrodite using argyrodite precursor material, wherein a mixed powder of the argyrodite precursor material is produced by a milling process in a container, the milling process requiring the use of milling equipment and a milling ball i.e. milling media (See Dong Para [0022]).
Martinez teaches microwaves to thereby heat the microwave susceptor media; and heating the precursor particles by contact with the microwave susceptor media (Martinez Para [0004]: utilizing microwave energy through use of a microwave susceptor that will absorb and/or assimilate microwave energy and convert it to radiant/heat energy… use of a microwave susceptor that will absorb and/or assimilate microwave energy and convert it to radiant/heat energy and impart the energy to said other materials).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include the method of heating the microwave susceptor media via microwave exposure and heating particles by contact with the microwave susceptor media, as taught by Martinez, since it is known within the art that a microwave susceptor is a material or combination of materials capable of absorbing and/or assimilating microwave energy and converting it to radiant/heat energy (Martinez Para [0065]) for imparting the energy to particles (Martinez Para [0004]).
Regarding claim 29, Luthe in view of Dong, and Martinez discloses a method further comprising reducing the size of the particles (Dong Para [0055]: The porous solid electrolyte prepared in Example 1 was subjected to a mechanical milling process to prepare a porous solid electrolyte powder.).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Luthe US 11,807,724 B2 in view of Dong KR 20200045941 A as applied to claim 21 above, and further in view of Guo CN 111054506 A. CN 111054506 A is a published Chinese patent application, to be referred as the Guo patent.
Luthe in view of Dong, and Martinez discloses the method of claim 21. Luthe in view of Dong, and Martinez fails to disclose the method further comprising ending the microwave exposure and continuing to rotate the reaction vessel to further reduce argyrodite particle size.
Guo teaches a method for improving grinding comprising ending the microwave exposure and continuing to rotate the reaction vessel to further reduce argyrodite particle size (Guo Page 1, Summary of the Invention Step 3: Put the material after pulse microwave pretreatment in the ball mill for grinding).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Luther in view of Dong, and Martinez, with Guo, and include the step of upon ending the microwave exposure to continue to rotate the reaction vessel. Guo teaches a significant decrease in particle size when a grinded particle is subjected to microwave exposure and then undergoes additional grinding after the microwave exposure has ended (See Guo Examples 1-6 & Table 1), wherein, there is a higher mineral yield from grinding an ore that undergoes microwave pretreatment versus an ore that undergoes grinding only.
Allowable Subject Matter
Claim 26 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to disclose reducing the microwave power, inter alia, in combination with the steps of claim 21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARLINGTON N IBEKWE whose telephone number is (571)272-2474. The examiner can normally be reached Monday - Friday 8am - 4:00pm.
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/D.N.I./Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725