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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/506,720
`
`10/21/2021
`
`IZURU SASAKI
`
`083710-3551
`
`7857
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`CHMIELECKI, SCOTT J
`
`1729
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`06/24/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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):
`USPTOmail @rimonlaw.com
`
`eofficeaction @appcoll.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-11 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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://www.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 21 October 2021 is/are: a)f¥) accepted or b)(_) 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)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received 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
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240617
`
`Application No.
`Applicant(s)
`17/506,720
`SASAKI, IZURU
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`SCOTT J CHMIELECKI
`1729
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 21 October 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) 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)(2) 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.
`
`

`

`Application/Control Number: 17/506,720
`Art Unit: 1729
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`underthefirst inventor to file provisions of the AIA. In the event the determination of the
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`status of the application as subject to AIA 35 U.S.C. §§ 102 and 103 (or as subject to
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`pre-AlA 35 U.S.C. §§ 102 and 103) is incorrect, any correction of the statutory basis
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`(i.e., Changing from AIA to pre-AlA) for the rejection will not be considered a new ground
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`of rejection if the prior art relied upon, and the rationale supporting the rejection, would
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`be the same under either status.
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`Specification
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`1.
`
`The lengthy specification has not been checked to the extent necessary to
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`determine the presence of all possible minor errors. Applicant’s cooperation is
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`requested in correcting any errors of which applicant may become awarein the
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`specification.
`
`Claim Rejections - 35 USC § 102
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`2.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102
`
`that form the basis forthe rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public beforethe effectivefiling date of the claimed
`invention.
`
`(a)(2) the claimed invention was described in a patentissued under section 151, orinan
`application for patent published or deemed published under section 122(b), in which the
`patentor application, as the case may be, names another inventor and waseffectively filed
`beforethe effectivefiling date of the claimed invention.
`
`3.
`
`Claims 1 and 7-11 are rejected under 35 U.S.C. § 102(a)(1) & (a)(2) as being
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`anticipated by Mimuraet al. (US 2019/0097268 A1), hereinafter “Mimura.”
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`

`

`Application/Control Number: 17/506,720
`Art Unit: 1729
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`Page 3
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`4.
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`Regarding claim 1, Mimura discloses a positive electrode active material
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`comprising:
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`at least one positive electrode active material (¥ [0262]-[0263]);
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`a solid electrolyte (4 [0262]-[0263]); and
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`a coating material,
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`in this case the surface of the positive active material
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`may be coated with a coating agent such as LizCOs (q [0209]);
`
`wherein:
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`the solid electrolyte is represented by LiaMgXy where M is a non-Li
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`metal or metalloid and X is selected from F, Cl, Br, and |, in this case the
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`inorganic lithium salt of the solid electrolyte composition may be LiAsFe
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`and LiSbFe (§ [0217]); and
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`the coating material covers a surface of the positive electrode
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`active material and containslithium carbonate (4 [0209]).
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`5.
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`Regarding claim 7, Mimura further discloses that the positive electrode active
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`material includes lithium nickel cobalt manganese oxide ( [0187]).
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`6.
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`Regarding claim 8, Mimura discloses a battery comprising:
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`a positive electrode containing the positive electrode material according to
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`claim 1 (see rejection of claim 1, above; ¥ [0041]; Fig. 1, reference no. 4);
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`a negative electrode (§ [0041]; Fig. 1, reference no. 2); and
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`an electrolyte layer between the positive electrode and the negative
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`electrode (¥ [0041]; Fig. 1, reference no. 3).
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`7.
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`Regarding claim 9, Mimura further discloses that the electrolyte layer contains
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`the solid electrolyte (4 [0041]).
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`

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`Application/Control Number: 17/506,720
`Art Unit: 1729
`
`Page 4
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`8.
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`Regarding claim 10, Mimura further discloses that the electrolyte layer contains a
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`halide solid electrolyte different from the solid electrolyte ({ [0057]).
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`9.
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`Regarding claim 11, Mimura further discloses that the electrolyte layer contains a
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`sulfide solid electrolyte ({ [0057]).
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`Claim Rejections - 35 USC § 103
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`10.—The following is a quotation of 35 U.S.C. § 103 which forms the basis forall
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`obviousness rejections set forth in this Office action:
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`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare such that the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the mannerin whichthe invention was made.
`
`11.
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`Claims 2-4 are rejected under 35 U.S.C. § 103 as being unpatentable over
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`Mimura as applied to claim 1 above, and further in view of Asanoet al., Solid Halide
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`Electrolytes with High Lithium-lon Conductivity for Application in 4 V Class Bulk-Type
`
`All-Solid-State Batteries, Adv. Mater. 2018. 30, 1803075, hereinafter “Asano.”
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`12.
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`Regarding claim 2, Mimura does not disclose that M includes yttrium. However,
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`Asano discloses LisYCle and LisYBre as solid electrolyte materials (see, e.g. Abstract).
`
`Onehaving ordinary skill in the art would haverealized that including such an active
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`material would yield high-lithium-ion conductivity, high deformability, and high chemical
`
`and electrochemical stability (see Abstract), thereby facilitating improved battery
`
`performance. Therefore, it would have been obvious to haveincluded LisYCle or LisYBre
`
`as the solid electrolyte material in order to facilitate improved battery performance.
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`13.=Regarding claim 3, Mimura does not disclose that 2.5<a<3,1<58<1.1, andy =
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`6. However, Asano discloses LisYCle and LisYBre as solid electrolyte materials (see, e.g.
`
`

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`Application/Control Number: 17/506,720
`Art Unit: 1729
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`Page 5
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`Abstract). One having ordinary skill in the art would haverealized that including such an
`
`active material would yield high-lithium-ion conductivity, high deformability, and high
`
`chemical and electrochemical stability (see Abstract), thereby facilitating improved
`
`battery performance. Therefore, it would have been obvious to have included LisYCle or
`
`LisYBre as the solid electrolyte material in order to facilitate improved battery
`
`performance.
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`14.
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`Regarding claim 4, Mimura does not disclose that X includes at least one of Br
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`and |. However, Asano discloses LisYBre as a solid electrolyte material (see, e.g.
`
`Abstract). One having ordinary skill in the art would haverealized that including such an
`
`active material would yield high-lithium-ion conductivity, high deformability, and high
`
`chemical and electrochemical stability (see Abstract), thereby facilitating improved
`
`battery performance. Therefore, it would have been obvious to haveincluded LisYBre as
`
`the solid electrolyte material in order to facilitate improved battery performance.
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`15.
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`Claims 5 and 6 are rejected under 35 U.S.C. § 103 as being unpatentable over
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`Mimura as applied to claim 1, above, and further in view of Oakes et al. (US
`
`2020/0343526 A1), hereinafter “Oakes.”
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`16.|Regarding claim 5, Mimura further discloses that the positive electrode active
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`material may be coated with a surface coating agent such as LizCOs (¥ [0209]), but
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`does not specify the loading of the LizCOs in terms of wt%. However, Oakesdiscloses
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`providing a protective coating material including LizCOs (4 [0015]). Oakes further
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`discloses that the active material composition may make up to 98% by weight (
`
`[0019]), resulting in the LizCO3 making up the balance 2% by weight. One having
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`ordinary skill
`
`in the art would have understood that coating the positive electrode active
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`

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`Application/Control Number: 17/506,720
`Art Unit: 1729
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`Page 6
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`material in an amount of 1.3% by weight to 4.0% by weight LizCOs3 would haveyielded a
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`positive electrode that improved battery performance (see { [0018]). Therefore, it would
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`have been obvious to have coated the surface of the active material with 1.3% by
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`weight to 4.0% by weight LizCOsin order to yield improved battery performance.
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`17.|Regarding claim 6, Mimura further discloses that the positive electrode active
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`material may be coated with a surface coating agent such as LizCOs (¥ [0209]), but
`
`does not specify the surface coverage of the coating. However, Oakesdiscloses
`
`providing a protective coating material that fully coats the electrode active material (4
`
`[0011]). Oakes further specifies that “fully coated” means that at least 95%of the active
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`material surface is coated (¥ [0011]) and that LizCO3 may be used as the positive
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`electrode active material coating (§ [0015]). One having ordinary skill in the art would
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`have understood that coating the surface of the positive electrode active material in an
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`amount greater than 91.1% would have yielded a positive electrode that improved
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`battery performance (see [0018]). Therefore, it would have been obvious to have
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`coated the surface of the active material by at least 91.1%in order to yield improved
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`battery performance.
`
`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SCOTT J CHMIELECKI whose telephone numberis
`
`(571)272-7641. The examiner can normally be reached M-F 8:30 am to 5 pm.
`
`Examinerinterviews are available via telephone,
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`in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO AutomatedInterview Request
`
`

`

`Application/Control Number: 17/506,720
`Art Unit: 1729
`
`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
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`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Ula Ruddock can be reached on 5712721481. The fax phone numberfor
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`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 Centeris
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`available to registered users. To file and manage patent submissions in Patent Center,
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`visit: httos://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-
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`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
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`additional questions, contact the Electronic Business Center (EBC) at 866-217-9197
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`
`If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/SCOTT J. CHMIELECKI/
`Primary Examiner, Art Unit 1729
`
`