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 .
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 1-6 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, “A negative electrode active material expressed by a composition formula of TiTa.sub.2-x M.sub.x O.sub.7, wherein: x is 0 or more and less than 0.20; M is at least one of Nb, V, W and Mo; and Ti/(Ta+M) molar ratio is 0.53 or more and 0.56 or less.” However in all values of x from 0 to 0.20 the molar ratio of Ti/(Ta+M) is ½ or 0.5 which violates the limitation range of 0.53 to 0.56. Because the Ta and M must equal to 2 (2-x + x = 2), it is unclear how the composition can have the formula recited and include a molar ratio between .53 and .56. For the purpose of examination, a composition having the formula recited will be interpreted to meet the claim.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 4-5 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shivareddy et al. (US2023/0071080A1 with foreign priority of Oct. 16, 2019).
As to claim 1, Shivareddy discloses a negative electrode active material expressed by a composition formula of TiTa2-xMxO7, characterized in that wherein: x is 0 or more and less than 0.20 (X=0, TiTa2O7 [0103]);
Because the Ta and M must equal to 2 (2-x + x = 2), it is unclear how the composition can have the formula recited and include a molar ratio between .53 and .56. For the purpose of examination, a composition having the formula recited will be interpreted to meet the claim. As discussed above, because the molar ratio is contradictory with the formula, Shivareddy meets claim 1 under the interpretation above.
As to claim 4, Shivareddy discloses The negative electrode active material as claimed 1 wherein x is 0. [0103]
As to claim 5, Shivareddy discloses an all solid battery characterized by comprising: an oxide-based solid electrolyte layer (Solid porous membrane, Transition metal oxide. [0126-0127]); a first electrode layer that is provided on a first main face of the oxide-based solid electrolyte layer and includes a positive electrode active material (positive electrode [0126]); and a second electrode layer that is provided on a second main face of the oxide-based solid electrolyte layer and a negative electrode active material as claimed in claim 1 (negative electrode [0126] TiTa.sub.2O.sub.7 [0103]).
Claim Rejections - 35 USC § 102/103
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed 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.
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(s) 2-3, 6 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Shivareddy et al. (US2023/0071080A1 with foreign priority of Oct. 16, 2019).
As to claims 2 and 3, Shivareddy is silent on the negative electrode active material has a monoclinic structure belonging to a space group 12/m, and capacitive components in two potential ranges of 1.1V or more and 1.2V or more vs. Li/Li', and 1.6V or more and 1.8V or less vs. Li/Li+, but does disclose the claimed compound in the claimed molar quantities and it should be noted "Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. See MPEP § 2112.01
As to claim 6, Shivareddy discloses the all solid battery as claimed 5 wherein an average grain diameter of the negative electrode active material in the second electrode layer is 0.5 pm or more and 5 pm or less. (maximum primary particle size of 100 μm or less [0087]). It should be noted In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP § 2144.05
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Dai et al. (US2015/0056514A1) TiTa oxide in Lithium batteries.
Harada et al. (US2015/0270542A1) Ti Nb.sub.2O.sub.7 solid solution electrolyte.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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, Matthew T Martin can be reached at 571-270-7871. 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.
BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
Prosecution Insights