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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-10 and 16-17 in the reply filed on August 24, 2026 is acknowledged.
Claims 11-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 24, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 13, 2023, February 11, 2025, June 9, 2025, August 6, 2026 and September 4, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. There was also a duplicate IDS submitted on December 13, 2023 which has been crossed out.
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 1-5, 8-9 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhamu (US Pub. No. 2017/0194663).
Regarding claims 1, 3-5 and 8, Zhamu teaches a solid electrolyte comprising a polymer that is lithium-ion-conducting and electron-conducting (paragraph [0057]), LiX (taken to be the claimed lithium salt, reading on the limitations of claims 1 and 5), where X can be Cl, I, or BR, which can be dispersed in the claimed polymer matrix (taken to read on the dissociated limitation of claim 8) (paragraph [0055]), and a filler which is preferably an oxide of zirconium or titanium, or boron nitride (taken to be the claimed ceramic, reading on the limitations of claims 1, 3 and 4) (paragraphs [0032]-[0033]).
Regarding claim 2, Zhamu teaches polymers including polyaniline, polypyrrole and polythiophene (paragraph [0029]).
Regarding claim 9, Zhamu teaches that the solid electrolyte can be cast into a film or sheet form (taken to read on the claimed membrane) (paragraphs [0066] and [0109]).
Regarding claims 16-17, Zhamu teaches that the solid electrolyte is coating a cathode electrode (paragraph [0110]).
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 6-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhamu (US Pub. No. 2017/0194663).
Regarding claim 6, Zhamu teaches a specific embodiment where the weight of the lithium salt is 5-25% by weight and the weight of the polymer is 75-95% by weight (paragraph [0110]), resulting in a range of weight of lithium salt relative to 100 parts by weight of polymer of 5.26% (0.05/0.95) to 33.33% (0.25/0.75), overlapping the claimed range of weight of lithium salt, as well as teaching an amount of filler of from 1% to 30% by volume (paragraph [0033]), so converting the weight to volume percentages for boron nitride with a density of 2.1 g/cm3 and sulfonated polyaniline of 1.43 g/cm3 results in a range of weight percentage of from 1.47% (1*2.1/1.43) to 44.06% (30*2.1/1.43) overlapping the claimed range. It would have been obvious to one of ordinary skill in the art to use parts by weight of the ceramic and lithium salt within the claimed ranges, because Zhamu teaches overlapping ranges (see paragraphs [0110] and [0033]). “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 at 2144.05 citing In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Regarding claim 7, Zhamu teaches a specific embodiment where the weight of the polymer is 23-100% by weight and the weight of the lithium salt is the balance, and thus 0-77% by weight (paragraph [0131], table 1, Sample A1-1), resulting in a range of lithium salt relative to 100 parts by weight of polymer of from 0% (0/100) to 334.78% (77/.23), overlapping the claimed range of weight of lithium salt, as well as teaching an amount of filler of from 1% to 30% by volume (paragraph [0033]), so converting the weight to volume percentages for boron nitride with a density of 2.1 g/cm3 and sulfonated polyaniline of 1.43 g/cm3 results in a range of weight percentage of from 1.47% (1*2.1/1.43) to 44.06% (30*2.1/1.43) overlapping the claimed range. It would have been obvious to one of ordinary skill in the art to use parts by weight of the ceramic and lithium salt within the claimed ranges, because Zhamu teaches overlapping ranges (see table 1 and paragraph [0033]).
Regarding claim 10, Zhamu teaches that the thickness of the solid electrolyte is not particularly limited, but can have a thickness from 2 nm to 20 μm (paragraph [0094]), with specific embodiments having thickness from 150 nm to 15 μm (paragraph [0109]), thus teaching an overlapping range. It would have been obvious to one of ordinary skill in the art to use a thickness within the claimed range, because Zhamu teaches an overlapping range (see paragraphs [0094] and [0109]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP N SCHWARTZ whose telephone number is (571)270-1612. The examiner can normally be reached Mon-Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at 571-270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/P.N.S/ Examiner, Art Unit 1749 September 29, 2026
/KATELYN W SMITH/ Supervisory Patent Examiner, Art Unit 1749
