Prosecution Insights
Last updated: April 19, 2026
Application No. 17/248,932

CATHODE FOR ALL-SOLID SECONDARY BATTERY AND ALL-SOLID SECONDARY BATTERY INCLUDING THE SAME

Non-Final OA §103
Filed
Feb 12, 2021
Examiner
CARVALHO JR., ARMINDO
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Samsung Electronics
OA Round
9 (Non-Final)
48%
Grant Probability
Moderate
9-10
OA Rounds
3y 8m
To Grant
85%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allow Rate
80 granted / 168 resolved
-17.4% vs TC avg
Strong +37% interview lift
Without
With
+37.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
68 currently pending
Career history
236
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
64.9%
+24.9% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
13.3%
-26.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 168 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 31, 2026 has been entered. Response to Amendment In response to the amendment received January 31, 2026: Claims 1, 4-5, 8-16 are pending. Claims 2-3 and 6-7 have been cancelled as per applicant’s request. The previous rejection is withdrawn in light of the amendment. However, a new prior art rejection has been made below in view of Ito et al. (US 2014/0093786). 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 1, 4-5 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (“Outstanding electrochemical performances of the all-solid-state lithium battery using Ni-rich layered oxide cathode and sulfide electrolyte”, 2020) in view of Kim et al. (US 10,714,740), Yui et al. (US2019/0181432), Kaseda et al. (US 2016/0013471) and Ito et al. (US 2014/0093786). Regarding Claim 1, Li et al. teaches a nickel-rich layered oxide for as a cathode for an all-solid state lithium battery (i.e. all-solid state secondary battery) (abstract) wherein the cathode active material comprises a core-shell structure and afterward a coating a lithium ion conductor on the surface (i.e. wherein the cathode active material comprises a core, a shell and a coating film comprising a lithium ion conductor on a surface of the shell) (section 1, para. 4) wherein the core-shell material is a lithium nickel cobalt manganese oxide material, (i.e. wherein the core comprises a first transition metal-based active material and the shell comprises a second-transition metal-based active material) (Fig. 4c) and comprises Li10GeP-2S12 (LGPS) solid electrolyte mixed with NCM@LCO@LNO (i.e. mixed with the cathode active material) (section. 2, para. 6, lines 2-4) and the thickness of the coating layer of the lithium ion conductor (i.e. coating film) is 11.3 nm (section 3, para. 5, lines 13-15) Li et al. does not teach the shell comprises a second transition metal-based active material is a compound represented by Formula 3 comprising about 30 mol% or more of cobalt or the core comprises a first transition-metal based active material comprising about 80 mol% or more of nickel. However, Kim et al. teaches a cathode active material for a lithium secondary battery comprising a core layer that is represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.2, 0≤b≤0.2, 0≤c≤0.2, 0≤y≤0.1 and thus, may be for example, Li(Ni0.8Co0.20)O2 -when x=1, a=0.2, b=0, c=0 and y=0 (col. 4, lines 18-36) (i.e. a core comprising a first transition metal-based active material comprising 80 mol% of nickel based on a total amount of transition metals in the first transition metal-based active material, such that the nickel in the core is about 80 mol% or more in content) and a shell layer represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.5, 0≤b≤0.6, 0≤c≤0.2, 0≤y≤0.1, , and thus may be for example, Li(Ni0.49Co0.5Mn0.01)O2 when x=1, a=0.5, b=0.01. c=0 and y=0 ( (col. 4, lines 18-28 & 37-43) (i.e. the shell comprises a second transition metal-based active material comprising about 30 mol% or more of cobalt based on total mol amount of transition metals in the second transition metal-based active material), wherein the second transition metal-based active material Li(Ni0.49Co0.5Mn0.01)O2 is a compound represented by Formula 3 of the instant claim as M1 is manganese, z = 0 (i.e. no M2), a=1, x=0.5, and y = 0.01. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the core-shell compound of Li et al. to incorporate the teaching of the core-shell compound particles of Kim et al. as the particles would provide facilitated lithium ion storage into and release therefrom the active material particles improving capacity, output and lifespan characteristics of the battery including the active material (col., lines 58-67). Li et al. does not explicitly teach a content of the shell based on a total weight of the core and shell is 0.5 parts by weight to 5 parts weight based to on 100 parts by weight of a total weight of the core and the shell. However, Kaseda et al. teaches a positive electrode active material having a core-shell structure wherein the positive electrode is a lithium nickel manganese composite oxide (Para. [0023]) comprising a shell part (Para. [0045]) wherein the shell part is 1 to 15% by weight relative to 100% by weight of the core part (Para. [0056]) (i.e. wherein a content of the shell is overlapping with 0.5 parts by weight to 5 parts weight based to on 100 parts by weight of a total weight of the core and the shell). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of the weight of the shell as taught by Kaseda et al., as providing the shell part in such a weight range can improve cycle characteristics (Para. [0046]) In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Li et al. does not explicitly teach a content of a solid electrolyte is about 5 parts by weight to about 15 parts by weight based on a total 100 parts by weight of the cathode. However, Yui et al. teaches a cathode with a sulfide solid electrolyte (Para. [0020]) wherein a cathode mixture comprises sulfide solid electrolyte in a weight ratio of 12:115 (Para. [0117]) (i.e. about 10 parts by weight based on a total 100 parts by weight of the cathode). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of sulfide solid electrolyte at weight ratio of about 10 parts by weight based on a total 100 parts by weight of the cathode), as it would provide a cathode with high energy density per volume (Para. [0037]). Li et al. further teaches coating the layered oxide surface with a lithium ion conductor of Li2O-ZrO2 could reduce the layered oxide/sulfide electrolyte interface resistance in the battery (section 1, para. 3, lines 1-4) (i.e. the lithium ion conductor is a compound represented by Formula 1 of the instant claim wherein a=1). Li et al. does not teach the coating film is equal to or less than 0.5 parts per weight based on a total 100 parts by weight of a total of the cathode active material, the coating film is substantially uniform, nor a content of the lithium zirconate is 0.15 parts by weight to less than 0.5 parts by weight based on the total 100 parts by weight of the cathode active material. However, Ito et al. teaches a positive (i.e. cathode) active material comprising a lithium-containing metal oxide comprising nickel, cobalt and manganese (Para. [0097], [0098]) wherein a coating film is formed on the surface of the positive electrode active material (Para. [0104]) of Li2O-ZrO2 wherein an amount of the compound is in a range of about 0.01 to about 2 mol% based on a total weight of the positive electrode active material as such a range provides improved initial discharge capacity and improved cycling characteristics (Para. [0073]) wherein the coating film has lithium ion conductivity (Para. [0041]) (i.e. is a lithium ion conductor) and wherein the coating film is substantially uniform (see Fig. 2, #113). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of Li2O-ZrO2 coating film and optimize the Li2O-ZrO2 amount (equivalent to optimizing a coating film weight and a lithium zirconate weight) as Ito et al. teaches the amount of lithium zirconate based on a total weight of the positive electrode active material affects initial discharge capacity and cycling characteristics (i.e. is result-effective variable, as it is a variable which achieves a recognized result) and achieves improved initial discharge capacity and improved cycling capacity (Para. [0073]). Thus, modifying the coating film amount and Li2O-ZrO2 -amount to an amount as claimed would be discovering the optimum range by routine experimentation. It has been held that when the general conditions are disclosed in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious. Regarding Claim 4, Li et al. as modified by Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in claim 1 as explained above. Li et al. does not teach the core comprises a first transition-metal based active material comprising about 80 mol% or more of nickel represented by Formula 2 of the instant claim. However, Kim et al. teaches a cathode active material for a lithium secondary battery comprising a core layer that is represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.2, 0≤b≤0.2, 0≤c≤0.2, 0≤y≤0.1 and thus, may be for example, Li(Ni0.8Co0.20)O2 -when x=1, a=0.2, b=0, c=0 and y=0 (col. 4, lines 18-36) (i.e. the first transition metal-based active material is a compound represented by Formula 2 of the instant claim as M1 is manganese, z = 0 (i.e. no M2), a=1, x=0.2, y = 0, and 1-x-y-z = 1 - 0.2 – 0 – 0 = 0.8. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the core compound (i.e. first transition metal-based active material) of Li et al. to incorporate the teaching of the core compound particles of Kim et al. as the particles would provide facilitated lithium ion storage into and release therefrom the active material particles improving capacity, output and lifespan characteristics of the battery including the active material (col., lines 58-67). Regarding Claim 5, Li et al. as modified by Kim et al., Yui et al., Kaseda et al. and Ito et al. et al teaches all of the elements of the current invention in claim 4 as explained above. Li et al. does not teach the core comprises a first transition-metal based active material comprising about 80 mol% to about 98 mol% of nickel. However, Kim et al. teaches a cathode active material for a lithium secondary battery comprising a core layer that is represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.2, 0≤b≤0.2, 0≤c≤0.2, 0≤y≤0.1 and thus, may be for example, Li(Ni0.8Co0.20)O2 -when x=1, a=0.2, b=0, c=0 and y=0 (col. 4, lines 18-36) (i.e. a content of nickel in the compound represented by Formula 2 is 80 mol% based on a total mol amount of transition metals in Formula 2, within the claimed range of about 80 mol% to about 98 mol%). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the core-shell compound of Li et al. to incorporate the teaching of the core-shell compound particles of Kim et al. as the particles would provide facilitated lithium ion storage into and release therefrom the active material particles improving capacity, output and lifespan characteristics of the battery including the active material (col., lines 58-67). Regarding Claim 8, Li et al. as modified by Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in claim 1 as explained above. Li et al. does not teach a content of the lithium ion conductor is about 0.1 parts by weight to less than 0.5 parts by weight based on the total 100 parts by weight of the cathode active material. However, Ito et al. teaches a positive (i.e. cathode) active material comprising a lithium-containing metal oxide comprising nickel, cobalt and manganese (Para. [0097], [0098]) wherein a coating film is formed on the surface of the positive electrode active material (Para. [0104]) of Li2O-ZrO2 wherein an amount of the compound is in a range of about 0.01 to about 2 mol% based on a total weight of the positive electrode active material as such a range provides improved initial discharge capacity and improved cycling characteristics (Para. [0073]) wherein the coating film has lithium ion conductivity (Para. [0041]) (i.e. is a lithium ion conductor). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of Li2O-ZrO2 coating film and optimize the Li2O-ZrO2 amount (equivalent to optimizing a coating film weight and a lithium zirconate weight) as Ito et al. teaches the amount of lithium zirconate based on a total weight of the positive electrode active material affects initial discharge capacity and cycling characteristics (i.e. is result-effective variable, as it is a variable which achieves a recognized result) and achieves improved initial discharge capacity and improved cycling capacity (Para. [0073]). Thus, modifying the coating film amount and Li2O-ZrO2 -amount to an amount as claimed would be discovering the optimum range by routine experimentation. It has been held that when the general conditions are disclosed in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious. Regarding Claim 9, Li et al. as modified by Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in claim 1 as explained above. Li et al. further teaches the all solid-state battery using a sulfide electrolyte (i.e. the solid electrolyte is a sulfide-based electrolyte) (abstract). Regarding Claim 10, Li et al. as modified by Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in claim 1 as explained above. Li et al. does not explicitly teach a sulfide-based electrolyte being one from the formulas listed in instant claim 10. However, Ito et al. further teaches the coated positive electrode active material and solid electrolyte are mixed to prepare a positive electrode composition (Para. [0074]) and the solid electrolyte comprises Li2S-P2S5 (Para. [0117]) and Li2S-SiS2-Li3PO4 (i.e. wherein p and q of the instant claim are a positive number and M is P) (Para. [0120]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the solid electrolyte of Li et al. to incorporate the teaching of the solid electrolyte as taught by Ito et al., as such solid electrolyte material has higher lithium ion conductivity than other compounds (Para. [0119]). Regarding Claim 11, Li et al. as modified by Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in Claim 1 as explained above. Li et al. does not explicitly teach the content of a solid electrolyte is about 5 parts by weight to about 10 parts by weight based on the total 100 parts by weight of the cathode. However, Yui et al. teaches a cathode with a sulfide solid electrolyte (Para. [0020]) wherein a cathode mixture comprises sulfide solid electrolyte in a weight ratio of 12:115 (Para. [0117]) (i.e. about 10 parts by weight based on the total 100 parts by weight of the cathode). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of sulfide solid electrolyte at weight ratio of about 10 parts by weight based on a total 100 parts by weight of the cathode),as it would provide a cathode with high energy density per volume (Para. [0037]). Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani et al. (US 2019/0305368) in view of Li et al. (“Outstanding electrochemical performances of the all-solid-state lithium battery using Ni-rich layered oxide cathode and sulfide electrolyte”, 2020), Kim et al. (US 10,714,740), Yui et al. (US2019/0181432), Kaseda et al. (US 2016/0013471) and Ito et al. (US 2014/0093786). Regarding Claim 12, Mizutani et al. teaches an all solid state battery comprising a cathode, an anode and a sulfide-based solid electrolyte layer (Para. [0024]) wherein a cathode active material is a lithium transition metal-based active material such as LiNi1/3-Co1/3Mn1/3 (Para. [0083]). Mizutani et al. does not teach a cathode active material comprises a core, a shell and a coating film comprising a lithium ion conductor on a surface of the shell. However, Li et al. teaches a nickel-rich layered oxide for as a cathode for an all-solid state lithium battery (i.e. all-solid state secondary battery) (abstract) wherein the cathode active material comprises a core-shell structure and afterward a coating a lithium ion conductor on the surface (i.e. wherein the cathode active material comprises a core, a shell and a coating film comprising a lithium ion conductor on a surface of the shell) (section 1, para. 4) wherein the core-shell material is a lithium nickel cobalt manganese oxide material, (i.e. wherein the core comprises a first transition metal-based active material and the shell comprises a second-transition metal-based active material) (Fig. 4c) and comprises Li10GeP-2S12 (LGPS) solid electrolyte (section. 2, para. 6, lines 2-4) and the thickness of the coating layer of the lithium ion conductor (i.e. coating film) is 11.3 nm (section 3, para. 5, lines 13-15). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mizutani et al. to incorporate the teaching of the cathode active material comprising the core-shell structure and lithium ion conductor on a surface of the shell as taught by Li et al., as it would provide a high performance cathode for all solid state batteries using sulfide electrolyte and outstanding cycle stability (abstract). Mizutani et al. as modified by Li et al. does not teach the shell comprises a second transition metal-based active material is a compound represented by Formula 3 comprising about 30 mol% or more of cobalt or the core comprises a first transition-metal based active material comprising about 80 mol% or more of nickel. However, Kim et al. teaches a cathode active material for a lithium secondary battery comprising a core layer that is represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.2, 0≤b≤0.2, 0≤c≤0.2, 0≤y≤0.1 and thus, may be for example, Li(Ni0.8Co0.20)O2 -when x=1, a=0.2, b=0, c=0 and y=0 (col. 4, lines 18-36) (i.e. a core comprising a first transition metal-based active material comprising 80 mol% of nickel based on a total amount of transition metals in the first transition metal-based active material, such that the nickel in the core is about 80 mol% or more in content) and a shell layer represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.5, 0≤b≤0.6, 0≤c≤0.2, 0≤y≤0.1, , and thus may be for example, Li(Ni0.49Co0.5Mn0.01)O2 when x=1, a=0.5, b=0.01. c=0 and y=0 ( (col. 4, lines 18-28 & 37-43) (i.e. the shell comprises a second transition metal-based active material comprising about 30 mol% or more of cobalt based on total mol amount of transition metals in the second transition metal-based active material), wherein the second transition metal-based active material Li(Ni0.49Co0.5Mn0.01)O2 is a compound represented by Formula 3 of the instant claim as M1 is manganese, z = 0 (i.e. no M2), a=1, x=0.5, and y = 0.01. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mizutani et al. as modified by Li et al. to incorporate the teaching of the core-shell compound particles of Kim et al. as the particles would provide facilitated lithium ion storage into and release therefrom the active material particles improving capacity, output and lifespan characteristics of the battery including the active material (col., lines 58-67). Mizutani et al. does not teach a content of a solid electrolyte is about 5 parts by weight to about 15 parts by weight based on a total 100 parts by weight of the cathode. However, Yui et al. teaches a cathode with a sulfide solid electrolyte (Para. [0020]) wherein a cathode mixture comprises sulfide solid electrolyte in a weight ratio of 12:115 (Para. [0117]) (i.e. about 10 parts by weight based on a total 100 parts by weight of the cathode). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of sulfide solid electrolyte at weight ratio of about 10 parts by weight based on a total 100 parts by weight of the cathode), as it would provide a cathode with high energy density per volume (Para. [0037]). Mizutani et al. does not explicitly teach a content of the shell based on a total weight of the core and shell is 0.5 parts by weight to 5 parts weight based to on 100 parts by weight of a total weight of the core and the shell. However, Kaseda et al. teaches a positive electrode active material having a core-shell structure wherein the positive electrode is a lithium nickel manganese composite oxide (Para. [0023]) comprising a shell part (Para. [0045]) wherein the shell part is 1 to 15% by weight relative to 100% by weight of the core part (Para. [0056]) (i.e. wherein a content of the shell is overlapping with 0.5 parts by weight to 5 parts weight based to on 100 parts by weight of a total weight of the core and the shell). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mizutani et al. to incorporate the teaching of the weight of the shell as taught by Kaseda et al., as providing the shell part in such a weight range can improve cycle characteristics (Para. [0046]) In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Li et al. further teaches coating the layered oxide surface with a lithium ion conductor of Li2O-ZrO2 could reduce the layered oxide/sulfide electrolyte interface resistance in the battery (section 1, para. 3, lines 1-4) (i.e. the lithium ion conductor is a compound represented by Formula 1 of the instant claim wherein a=1). Li et al. does not teach the coating film is equal to or less than 0.5 parts per weight based on a total 100 parts by weight of a total of the cathode active material, the coating film is substantially uniform, nor a content of the lithium zirconate is 0.15 parts by weight to less than 0.5 parts by weight based on the total 100 parts by weight of the cathode active material. However, Ito et al. teaches a positive (i.e. cathode) active material comprising a lithium-containing metal oxide comprising nickel, cobalt and manganese (Para. [0097], [0098]) wherein a coating film is formed on the surface of the positive electrode active material (Para. [0104]) of Li2O-ZrO2 wherein an amount of the compound is in a range of about 0.01 to about 2 mol% based on a total weight of the positive electrode active material as such a range provides improved initial discharge capacity and improved cycling characteristics (Para. [0073]) wherein the coating film has lithium ion conductivity (Para. [0041]) (i.e. is a lithium ion conductor) and wherein the coating film is substantially uniform (see Fig. 2, #113). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of Li2O-ZrO2 coating film and optimize the Li2O-ZrO2 amount (equivalent to optimizing a coating film weight and a lithium zirconate weight) as Ito et al. teaches the amount of lithium zirconate based on a total weight of the positive electrode active material affects initial discharge capacity and cycling characteristics (i.e. is result-effective variable, as it is a variable which achieves a recognized result) and achieves improved initial discharge capacity and improved cycling capacity (Para. [0073]). Thus, modifying the coating film amount and Li2O-ZrO2 -amount to an amount as claimed would be discovering the optimum range by routine experimentation. It has been held that when the general conditions are disclosed in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious. Regarding Claim 13, Mizutani et al. as modified by Li et al., Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in Claim 12 as explained above. Mizutani et al. further teaches the sulfide-based solid electrolyte layer comprises at least one of Lii2S—SiS2, LiI—Li2S—SiS2, LiI—Li2S—P2S5, LiI—Li2S—P2O5, LiI—Li3PO4—P2S5, LiI—Li2O—Li2S—P2S5, LiBr—LiI—Li2S—P2S5, Li2S—P2S5—GeS2, and Li2S—P2S5 (Para. [0050]). Regarding Claim 14, Mizutani et al. as modified by Li et al., Kim et al., Yui et al., Kaseda et al. and Ito et al. teaches all of the elements of the current invention in Claim 12 as explained above. Mizutani et al. further teaches the anode comprises an anode layer (Fig. 2, #13) comprising anode active material (i.e. an anode active material layer) and an anode current collector (Fig. 2, #15) wherein the anode layer is on the anode current collector, the anode layer comprises an anode active material and a binder (Para. [0042]) and the average particle diameter of the anode active material particles may be 3 micrometers or less (Para. [0046]) (within the claimed range). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (“Outstanding electrochemical performances of the all-solid-state lithium battery using Ni-rich layered oxide cathode and sulfide electrolyte”, 2020) in view of Kim et al. (US 10,714,740), Yui et al. (US 2019/0181432), Ito et al. (US 2014/0093786) and Kaseda et al. (US 2016/0013471). Regarding Claim 16, Li et al. teaches a nickel-rich layered oxide for as a cathode for an all-solid state lithium battery (i.e. a cathode for an all-solid state secondary battery) (abstract) wherein the cathode active material comprises a core-shell structure and afterward a coating a lithium ion conductor on the surface (i.e. wherein the cathode active material comprises a core, a shell and a coating film comprising a lithium ion conductor on a surface of the shell) (section 1, para. 4) wherein the core-shell material is a lithium nickel cobalt manganese oxide material, (i.e. wherein the core comprises a first transition metal-based active material and the shell comprises a second-transition metal-based active material) (Fig. 4c) and comprises Li10GeP-2S12 (LGPS) solid electrolyte mixed with NCM@LCO@LNO (i.e. mixed with the cathode active material) (section. 2, para. 6, lines 2-4) and the thickness of the coating layer of the lithium ion conductor (i.e. coating film) is 11.3 nm (section 3, para. 5, lines 13-15). Li et al. does not teach the shell comprises a second transition metal-based active material is a compound represented by Formula 3 comprising about 30 mol% or more of cobalt or the core comprises a first transition-metal based active material comprising about 80 mol% or more of nickel. However, Kim et al. teaches a cathode active material for a lithium secondary battery comprising a core layer that is represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.2, 0≤b≤0.2, 0≤c≤0.2, 0≤y≤0.1 and thus, may be for example, Li(Ni0.8Co0.20)O2 -when x=1, a=0.2, b=0, c=0 and y=0 (col. 4, lines 18-36) (i.e. a core comprising a first transition metal-based active material comprising 80 mol% of nickel based on a total amount of transition metals in the first transition metal-based active material, such that the nickel in the core is about 80 mol% or more in content) and a shell layer represented by the formula LixNi1-a-b-cCoaMnbMecO2-yXy wherein 0.9≤x≤1.15, 0≤a≤0.5, 0≤b≤0.6, 0≤c≤0.2, 0≤y≤0.1, , and thus may be for example, Li(Ni0.59Co0.4Mn0.01)O2 when x=1, a=0.4, b=0.01. c=0 and y=0 ( (col. 4, lines 18-28 & 37-43) (i.e. the shell comprises a second transition metal-based active material comprising about 30 mol% or more of cobalt based on total mol amount of transition metals in the second transition metal-based active material), wherein the second transition metal-based active material Li(Ni0.59Co0.4Mn0.01)O2 is a compound represented by Formula 3 of the instant claim as M1 is manganese, z = 0 (i.e. no M2), a=1, x=0.4, and y = 0.01. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the core-shell compound of Li et al. to incorporate the teaching of the core-shell compound particles of Kim et al. as the particles would provide facilitated lithium ion storage into and release therefrom the active material particles improving capacity, output and lifespan characteristics of the battery including the active material (col., lines 58-67). Li et al. does not explicitly teach a content of a solid electrolyte is about 5 parts by weight to about 15 parts by weight based on a total 100 parts by weight of the cathode. However, Yui et al. teaches a cathode with a sulfide solid electrolyte (Para. [0020]) wherein a cathode mixture comprises sulfide solid electrolyte in a weight ratio of 12:115 (Para. [0117]) (i.e. about 10 parts by weight based on a total 100 parts by weight of the cathode). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of sulfide solid electrolyte at weight ratio of about 10 parts by weight based on a total 100 parts by weight of the cathode), as it would provide a cathode with high energy density per volume (Para. [0037]). Li et al. further teaches coating the layered oxide surface with a lithium ion conductor of Li2O-ZrO2 could reduce the layered oxide/sulfide electrolyte interface resistance in the battery (section 1, para. 3, lines 1-4) (i.e. the lithium ion conductor is lithium zirconium oxide). Li et al. does not teach a content of the lithium zirconium oxide is 0.15 parts by weight to less than 0.5 parts by weight based on the total 100 parts by weight of the cathode active material. However, Ito et al. teaches a positive (i.e. cathode) active material comprising a lithium-containing metal oxide comprising nickel, cobalt and manganese (Para. [0097], [0098]) wherein a coating film is formed on the surface of the positive electrode active material (Para. [0104]) of Li2O-ZrO2 wherein an amount of the compound is in a range of about 0.01 to about 2 mol% based on a total weight of the positive electrode active material as such a range provides improved initial discharge capacity and improved cycling characteristics (Para. [0073]) wherein the coating film has lithium ion conductivity (Para. [0041]) (i.e. is a lithium ion conductor) and wherein the coating film is substantially uniform (see Fig. 2, #113). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of Li2O-ZrO2 coating film and optimize the Li2O-ZrO2 amount (equivalent to optimizing a lithium zirconium oxide weight) as Ito et al. teaches the amount of lithium zirconate based on a total weight of the positive electrode active material affects initial discharge capacity and cycling characteristics (i.e. is result-effective variable, as it is a variable which achieves a recognized result) and achieves improved initial discharge capacity and improved cycling capacity (Para. [0073]). Thus, modifying an Li2O-ZrO2 -amount to an amount as claimed would be discovering the optimum range by routine experimentation. It has been held that when the general conditions are disclosed in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (See MPEP §2144.05). Absent any showing of critical or unexpected results, such limitations appear to be routine optimization within the skill of the ordinary artisan before the effective filing date of the invention are therefore prima facie obvious. Li et al. does not explicitly teach a content of the shell based on a total weight of the core and shell is 0.5 parts by weight to 5 parts weight based to on 100 parts by weight of a total weight of the core and the shell. However, Kaseda et al. teaches a positive electrode active material having a core-shell structure wherein the positive electrode is a lithium nickel manganese composite oxide (Para. [0023]) comprising a shell part (Para. [0045]) wherein the shell part is 1 to 15% by weight relative to 100% by weight of the core part (Para. [0056]) (i.e. wherein a content of the shell is overlapping with 0.5 parts by weight to 5 parts weight based to on 100 parts by weight of a total weight of the core and the shell). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Li et al. to incorporate the teaching of the weight of the shell as taught by Kaseda et al., as providing the shell part in such a weight range can improve cycle characteristics (Para. [0046]) In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Response to Arguments Applicant’s arguments filed January 31, 2026 have been fully considered but are moot because the arguments do not apply to the combination of references being used in the current rejection in light of the amendment. Applicant’s arguments are drawn to a previous prior art combination and thus, are not persuasive in light of the newly cited prior art. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m.. 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, Ula Ruddock can be reached at 571 272-1481. 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. /ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729
Read full office action

Prosecution Timeline

Feb 12, 2021
Application Filed
Nov 16, 2022
Non-Final Rejection — §103
Feb 22, 2023
Response Filed
Mar 17, 2023
Final Rejection — §103
May 19, 2023
Response after Non-Final Action
Jun 09, 2023
Response after Non-Final Action
Jul 18, 2023
Request for Continued Examination
Jul 25, 2023
Response after Non-Final Action
Aug 25, 2023
Non-Final Rejection — §103
Nov 29, 2023
Response Filed
Feb 15, 2024
Final Rejection — §103
Apr 22, 2024
Response after Non-Final Action
Apr 29, 2024
Examiner Interview (Telephonic)
Apr 29, 2024
Response after Non-Final Action
Jun 21, 2024
Request for Continued Examination
Jun 24, 2024
Response after Non-Final Action
Jul 26, 2024
Non-Final Rejection — §103
Oct 24, 2024
Response Filed
Nov 26, 2024
Final Rejection — §103
Feb 11, 2025
Applicant Interview (Telephonic)
Feb 11, 2025
Examiner Interview Summary
Feb 28, 2025
Request for Continued Examination
Mar 03, 2025
Response after Non-Final Action
Jun 06, 2025
Non-Final Rejection — §103
Sep 09, 2025
Response Filed
Sep 30, 2025
Final Rejection — §103
Dec 01, 2025
Response after Non-Final Action
Jan 21, 2026
Applicant Interview (Telephonic)
Jan 21, 2026
Examiner Interview Summary
Jan 31, 2026
Request for Continued Examination
Feb 03, 2026
Response after Non-Final Action
Feb 20, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12573659
MEMBRANES FOR ELECTROCHEMICAL CELLS
2y 5m to grant Granted Mar 10, 2026
Patent 12573609
LITHIUM METAL ANODE, FABRICATION METHOD THEREOF, AND LITHIUM SECONDARY BATTERY COMPRISING SAME ANODE
2y 5m to grant Granted Mar 10, 2026
Patent 12567544
Separator for Electrochemical Device and Method for Manufacturing the Same
2y 5m to grant Granted Mar 03, 2026
Patent 12567590
NEGATIVE ELECTRODE CURRENT COLLECTOR, NEGATIVE ELECTRODE PLATE AND ELECTROCHEMICAL DEVICE
2y 5m to grant Granted Mar 03, 2026
Patent 12562319
Separator for Electrochemical Device and Method for Manufacturing the Same
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

9-10
Expected OA Rounds
48%
Grant Probability
85%
With Interview (+37.1%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 168 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month