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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/930,439
`
`07/16/2020
`
`MASASHI SAKAIDA
`
`083710-3083
`
`3059
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`MARTIN, ANGELA J
`
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`10/02/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 8-14 is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s) 1-7 and 15 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 7/16/2020 is/are: a)¥) accepted or b)C) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)[¥] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date See Continuation Sheet,
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230925
`
`Application No.
`Applicant(s)
`46/930,439
`SAKAIDAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ANGELA J MARTIN
`1727
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 9/7/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 16/930,439
`
`Continuation of Attachment(s) 2) Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date: 6/30/23;4/12/23;10/13/22;7/18/22;6/22/22:5/5/22: 10/6/21 4/7/21 ;7/16/20
`
`

`

`Application/Control Number: 16/930,439
`Art Unit: 1727
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Election/Restrictions
`
`1.
`
`Claims 8-14 are withdrawn from further consideration pursuant to 37 CFR
`
`1.142(b) as being drawn to a nonelected species, there being no allowable generic or
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`linking claim. Election was made withouttraverse in the reply filed on 9/7/2023.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`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 effectivefiling 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.
`
`3.
`
`Claim(s) 1-7, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kinoshita et al., JP 2013073791
`
`Regarding claim 1, Kinoshita et al., teaches a solid electrolyte material represented by a
`
`composition formula LiaYoMcxX6-dFd, where M includes at least one kind selected from
`
`the group consisting of metalloid elements and metal elements other than Li and Y; X is
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`at least one kind selected from the group consisting Cl, Br, and | (0007-0012) (0026-
`
`0038).
`
`

`

`Application/Control Number: 16/930,439
`Art Unit: 1727
`
`Page 3
`
`Although Kinoshita et al., does not teach o <a; © *®io<cjand G<d<6, “[Wihere the
`
`general conditions cf a claim are disclased in the prior ari, itis not inventive to discover
`
`the optimum or workable ranges by routine experimentation.” in re Aller, 220 F.2d 454,
`
`456, 105 USFO 238, 235 (COPA 1985).
`
`Regarding claim 2, Kinoshita et al., does not teach wherein 1 d < 3; and
`
`me4ifn
`
`Hh Be bh
`
`THSDbe iFoth oF>had
`i MoO
`
`a+3b+mc =6 are satisfied, where m is a valence of M: andm=Oina
`
`case where c = 0.
`
`However, "Wihere the general conditions of a claim are disclosed in the prior art, this
`
`not inventive to discover ihe optimum or workable ranges by routine
`
`experimentation.” in re Aller, 220 F.2d 454, 456, 105 USPQ 253, 235 (CCPA 1985).
`
`Regarding claim 3, Kinoshita et al., does not teach wherein c = 0 is satisfied.
`
`However, “|Vihere the general conditions of a claim are disclosed in the prior art, itis
`
`not inventive to discover the optimum or workable ranges by routine
`
`experimentation.” in re Aver, 220 F 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955}.
`
`Regarding claim 4, Kinoshita et al., does not teach wherein 0.9 b 1.33 is satisfied.
`
`However, “Wihere the general conditions of a clairn are disclosed in the prior ari, itis
`
`not inventive to discover the optimum or workable ranges by routine
`
`experimentation.” in re Ader, 220 F.2d 454, 456, 105 USPQ 233, 235 (COPA 1955).
`
`Regarding claim 5, Kinoshita et al., teaches wherein 0 <c is satisfied; and M is at least
`
`one kind selected from the group consisting of Ca, Sr, Ba, Zr, and Al (0007-0012).
`
`Regarding claim 6, Kinoshita et al., teaches wherein M includes Ca (0007-0012).
`
`

`

`Application/Control Number: 16/930,439
`Art Unit: 1727
`
`Page 4
`
`Kinoshita et al., does not teach 0.05</= c </=1 is satisfied. However, "¥Vihere the
`
`general conditions of a ciaim are disclased in the prior art, itis not inventive to discover
`
`the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454,
`
`456, 105 USFO 233, 235 (COPA 1955).
`
`Regarding claim 7, Kinoshita et al., does not teach wherein 0.6< b 1.17 is satisfied.
`
`However, "[ihere the general conditions of a claim are disclased in the prior ari, itis
`
`not inventive to discoverthe optimum or workable ranges by routine
`
`experimentation.” in re Aller, 220 F.2d 454, 456, 105 USPO 233, 235 (COPA 1955}.
`
`Regarding claim 15, Kinoshita et al., teaches a battery (abstract), comprising: the solid
`
`electrolyte material according to claim 1; a positive electrode; a negative electrode; and
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`an electrolyte layer disposed between the positive electrode and the negative electrode,
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`wherein at least one selected from the group consisting of the positive electrode, the
`
`negative electrode, and the electrolyte layer includes the solid electrolyte material
`
`(0007-0012) (0026-0038).
`
`Conclusion
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`4.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANGELA J MARTIN whosetelephone number is
`
`(571)272-1288. The examiner can normally be reached 7am-4pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/930,439
`Art Unit: 1727
`
`Page 5
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Barbara Gilliam can be reached on 571-272-1330. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
`ANGELA J. MARTIN
`Examiner
`
`Art Unit 1727
`
`/ANGELA J MARTIN/
`Examiner, Art Unit 1727
`
`