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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 September 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Non-Patent
Literature “Growth and optimized scintillation properties of Ce:Li6Lu1-xYx(BO3)3 mixed crystals”, Journal of Alloys and Compounds, Volume 767, 2018, Pages 976-981 (Pan-previously cited).
Regarding claim 1, Pan teaches an ion-conductive solid with the formula Li6Lu0.5Y0.5(BO3)3 which anticipates the claimed formula of the instant application of Li6+a-c-2dY1−a-b-c-dM1aM2bM3cM4dB3O9 where, in the formula, M1 is at least one metal element selected from a group consisting of Mg, Mn, Zn, Ni, Ca, Sr, and Ba, M2 is at least one metal element selected from a group consisting of La, Pr, Nd, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb, Lu, In, and Fe, M3 is at least one metal element selected from a group consisting of Hf, Sn, and Ti, M4 is at least one metal element selected from a group consisting of Nb and Ta, and a is 0.000≤a≤0.800, b is 0.010≤b≤0.900, c is 0.000≤c≤0.800, d is 0.000≤d≤0.800, and a, b, c, and d are real numbers satisfying 0.010≤a+b+c+d<1.000,
by selecting Lu as M2, a as 0, b as 0.5, c as 0, and d as 0 (Introduction).
Regarding claim 2, Pan teaches the ion conductive solid of claim 1, wherein the 1-a-b-c-d is
0.300≤1-a-b-c-d (Introduction). a is 0, b is 0.5, c is 0, d is 0, and 1-0-0.5-0-0 is 0.5, which is greater than or
equal to 0.300.
Regarding claim 3, Pan teaches the ion conductive solid of claim 1, wherein the 1-a-b-c-d is 0.500≤1-a-b-c-d (Introduction). a is 0, b is 0.5, c is 0, d is 0, and 1-0-0.5-0-0 is 0.5, which is greater than or equal to 0.500.
Regarding claim 4, Pan teaches the ion conductive solid of claim 1, wherein a is selected as 0 which lies within the claimed range of 0.000≤a≤0.400 (Introduction).
Regarding claim 5, Pan teaches the ion conductive solid of claim 1, wherein the b is selected as 0.5 which lies within the claimed range of 0.300≤b≤0.900 (Introduction).
Regarding claim 6, Pan teaches the ion conductive solid of claim 1, wherein the c is selected as 0 which lies within the claimed range of 0.000≤c≤0.400 (Introduction).
Regarding claim 7, Pan teaches the ion conductive solid of claim 1, wherein d is selected as 0 which lies within the claimed range of 0.000≤d≤0.400 (Introduction).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Non-Patent Literature “Growth and optimized scintillation properties of Ce:Li6Lu1-xYx(BO3)3 mixed crystals”, Journal of Alloys and Compounds, Volume 767, 2018, Pages 976-981 (Pan-previously cited) in view of Non-Patent Literature “Lithium-ion conductivity in Li6Y(BO3)3: a thermally and electrochemically robust solid electrolyte”. Journal of Materials Chemistry A, 2016, 4, 6972-6979 (Lopez-Bermudez-previously cited) and U.S. Patent Application Publication Number 2020/0058939 (Murakami-previously cited).
Regarding claim 8-10, Pan teaches the ion conductive solid of claim 1, but does not teach that
the ion conductive solid has a volume mean particle diameter of 0.1 µm or more and 28.0 µm or less, or an all-solid-state battery comprising at least a positive electrode, negative electrode, and electrolyte wherein the electrolyte comprises the ion-conductive solid. In the same field of endeavor of studying the properties of Li6Y(BO3)3, Lopez-Bermudez teaches that the diameter of Li6Y(BO3)3 grains between 1 µm and 5 µm (Characterization, Microscopy), and the usage of Li6Y(BO3)3 as an electrolyte in all-solid-state batteries (Introduction) because of the thermal and electrochemical stability, and that aliovalent doping, such as the Ce doping in Pan, could lead to improved ionic conductivities (Conclusion), but does not teach an all-solid-state battery comprising at least a positive electrode, negative electrode, and electrolyte. In the same field of endeavor of all-solid-state batteries, Murakami teaches an all-solid-state battery comprising at least a positive electrode, negative electrode, and electrolyte (Abstract). One of ordinary skill in the art before the effective filing date would have been motivated to use the ion-conductive solid oxide of Pan in the all-solid-state battery of Murakami because of the ionic conductivity
and thermal and electrochemical stability stated by Lopez-Bermudez.
Response to Arguments
Applicant's arguments, see remarks pages 5-6, filed 22 July 2026, have been fully considered but they are not persuasive. Applicant’s arguments are addressed as follows:
Applicant argues that Pan does not teach an ion-conductive solid that contains an oxide with the formula Li6Lu0.5Y0.5(BO3)3, and does not disclose or characterize the host lattice independent of Ce doping. This is unpersuasive as no particular host or structure thereof is recited and therefore this is not commensurate with that which is claimed. See MPEP 2145 (VI).
Pan positively teaches the claimed formula of Li6Lu0.5Y0.5(BO3)3 and Ce dopant at 1at% (Introduction, Experimental) overlapping/anticipating that which is claimed and therefore the prior rejection is maintained.
Applicant’s arguments, see remarks page 7, filed 22 July 2026, with respect to claims 1 and 9-10 have been fully considered and are persuasive. The provisional nonstatutory double patenting rejection of claims 1 and 9-10 have been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/M.F./Examiner, Art Unit 1784
/HUMERA N. SHEIKH/Supervisory Patent Examiner, Art Unit 1784
