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 with traverse of Group I, claims 1-2 and 25-27 in the reply filed on August 17, 2026 is acknowledged. The traversal is on the grounds that the common technical feature of Groups I and II is a special technical feature that makes a contribution to the art over Ouspenski et al. (US 2021/0320327 A1, hereinafter “Ouspenski”).
This is not found persuasive because Ouspenski discloses the common technical feature.
On page 7 of Applicant’s remarks, Applicant argues that Ouspenski [0104] does not disclose “a ceramic material that comprises a first lithium ion conductor”. Ouspenski [0107]-[0110] discloses that single crystals may be arranged to form a ceramic material.
On pages 7-8 of Applicant’s remarks, Applicant argues that the metal nitride of Ouspenski is characterized as an impurity to be minimized, and that Ouspenski teaches away from a bi-phasic material such as that defined by the pending claims. Ouspenski [0114] discloses that the content of all nitride-based impurity phase present in the ion conductive material can be at most 0.5 wt % and at least 0.2 ppm for the weight of the complex metal halide. Although Ouspenski attempts to minimize the nitride content, the metal nitride is present in a quantifiable amount and is therefore considered to meet the limitation of “a first lithium ion conductor”. The instant claims do not recite any specific range that would exclude the disclosure of Ouspenski.
Additionally, upon further search and consideration, the common technical features of Groups I and II are disclosed in Kubo et al. (WO 2020188913 A1, cited by Applicant in IDS filed on March 20, 2025, corresponding US 2021/0391595 A1 relied upon herein as a translation, and hereinafter “Kubo”), as set forth in the rejection under 35 U.S.C. 102 below.
The requirement is still deemed proper and is therefore made FINAL.
Claims 18-21, 23, and 28-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on August 17, 2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 25 is 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 25 recites the limitation "a lithium ion battery comprising a ceramic material, wherein the ceramic material comprises the solid-state electrolyte according to claim 1" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites “a ceramic material for a solid-state electrolyte” in line 1. It is unclear if the “a ceramic material” of claim 25 refers to the “a ceramic material” of claim 1. Additionally, the phrase “for a solid-state electrolyte” in claim 1 is merely a preamble statement of intended use, and does not provide sufficient antecedent basis for the limitation of claim 25. For examination purposes, the examiner has interpreted the limitation of claim 25 as “a lithium ion battery comprising a solid-state electrolyte, wherein the solid-state electrolyte comprises the ceramic material of claim 1”.
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.
(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.
Claims 1 and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ouspenski (US 2021/0320327 A1).
Regarding claim 1, Ouspenski discloses a ceramic material for a solid-state electrolyte ([0104]-[0110], ceramic material), the ceramic material comprising: a first lithium ion conductor ([0104], metal nitride such as Li3N that may help improve bulk ion conductivity); and a second lithium ion conductor different from the first lithium ion conductor and which is a lithium metal halide ([0079], complex metal halide that includes lithium and other metals).
Regarding claim 25, Ouspenski discloses the limitations of claim 1. Ouspenski further discloses a lithium ion battery comprising a ceramic material, wherein the ceramic material comprises the solid-state electrolyte according to claim 1 ([0124] and [0129], solid-state lithium battery comprising solid-state electrolyte with ion conductive material).
Regarding claim 26, Ouspenski discloses the limitations of claim 1. Ouspenski further discloses a solid-state electrolyte comprising the ceramic material according to claim 1 ([0124], solid-state electrolyte comprising ion conductive material).
Regarding claim 27, Ouspenski discloses the limitations of claim 26. Ouspenski further discloses an electrochemical cell comprising a cathode, an anode, and a solid-state electrolyte according to claim 26 ([0129], solid-state lithium battery comprising cathode 506, anode 504, and electrolyte layer 502).
Claims 1-2 and 25-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubo (WO 2020188913 A1).
Regarding claim 1, Kubo discloses a ceramic material for a solid-state electrolyte ([0053], electrolyte layer 202 containing a first solid electrolyte material and a second solid electrolyte material that may be uniformly dispersed), the ceramic material comprising: a first lithium ion conductor ([0053] and [0065]-[0070], second solid electrolyte material that may be an oxide solid electrolyte); and a second lithium ion conductor different from the first lithium ion conductor and which is a lithium metal halide ([0013]-[0025] and [0052]-[0053], first solid electrolyte material that may be crystalline comprising Li, Zr, Y, M, and X, wherein X is at least one element selected from the group consisting of Cl and Br).
Although Kubo does not explicitly disclose a ceramic material, the solid electrolyte materials of Kubo are crystalline ([0025]) and identical to embodiments of the first lithium ion conductor and second lithium ion conductor as disclosed in pages 7 and 8 of Applicant’s specification.
Regarding claim 2, Kubo discloses the limitations of claim 1. Kubo further discloses wherein the first lithium ion conductor is a lithium metal oxide or lithium metal phosphate ([0065]-[0070], second solid electrolyte material that may be an oxide solid electrolyte), wherein the lithium metal oxide comprises lithium, one or more metals different from lithium and oxygen ([0068]-[0070], perovskite-type solid electrolyte, LISICON-type solid electrolyte, or garnet-type solid electrolyte), and wherein the lithium metal phosphate comprises lithium, one or more metals different from lithium and phosphate ([0067], NASICON-type solid electrolyte).
Regarding claim 25, Kubo discloses the limitations of claim 1. Kubo further discloses a lithium ion battery comprising a ceramic material, wherein the ceramic material comprises the solid-state electrolyte according to claim 1 ([0038], [0053], and [0142], all-solid lithium ion secondary battery comprising electrolyte layer with solid electrolyte material).
Regarding claim 26, Kubo discloses the limitations of claim 1. Kubo further discloses a solid-state electrolyte comprising the ceramic material according to claim 1 ([0053], electrolyte layer 202 containing second solid electrolyte material and first solid electrolyte material).
Regarding claim 27, Kubo discloses the limitations of claim 26. Kubo further discloses an electrochemical cell comprising a cathode, an anode, and a solid-state electrolyte according to claim 26 ([0038], battery 1000 with positive electrode 201, negative electrode 203, and electrolyte 202).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yasuda (US 2021/0234193 A1) discloses a solid-state electrolyte comprising a lithium metal oxide and a lithium metal halide ([0107]-[0118]), and a battery comprising the solid-state electrolyte ([0361]-[0362]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)272-0880. The examiner can normally be reached M to F 8:45AM to 4:45PM.
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, Jeffrey T. Barton can be reached at (571)-272-1307. 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.
/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 3 September 2026
Prosecution Insights