Prosecution Insights
Last updated: May 29, 2026
Application No. 17/401,916

ELECTROLYTE FOR LITHIUM SECONDARY BATTERY AND LITHIUM SECONDARY BATTERY INCLUDING THE SAME

Final Rejection §103
Filed
Aug 13, 2021
Priority
Aug 14, 2020 — RE 10-2020-0102228
Examiner
AMPONSAH, OSEI K
Art Unit
1752
Tech Center
1700 — Chemical & Materials Engineering
Assignee
SK Innovation Co. Ltd.
OA Round
6 (Final)
72%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
496 granted / 689 resolved
+7.0% vs TC avg
Strong +34% interview lift
Without
With
+33.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
38 currently pending
Career history
749
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
85.3%
+45.3% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
2.9%
-37.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 689 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 . Response to Arguments Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. Claim(s) 1-4, 7-8, 10-12, and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2003/0124433 hereinafter Kim in view of U.S. Pre-Grant Publication No. 2018/0233778 hereinafter Park and U.S. Pre-Grant Publication No. 2008/0090154 hereinafter Ihara. Regarding Claim 1, Kim teaches a lithium secondary battery comprising: a positive electrode (cathode); a negative electrode (anode); a separator disposed between the electrodes; and an electrolyte solution (paragraphs 44-52), the electrolyte solution comprising: a lithium salt [LiPF6] (paragraph 35); an organic solvent (paragraph 36); an additive (polymer adsorbent) including polyethylene glycol dimethyl ether (PEGDME) (paragraphs 26, 37); and a solvent (auxiliary) additive (paragraphs 36, 41), wherein the polyethylene glycol dimethyl ether (PEGDME) has a weight-average molecular weight (Mw) of 2,000, and is included in an amount of 1 part by weight based on 100 parts by weight of the total weight electrolyte solution used (paragraphs 27-30, see Examples 1-3 and 5). Kim specifically discloses that the negative electrode (anode) active material comprises carbon material or metallic lithium (paragraph 48) and the simple substitution of one known element (i.e., metallic lithium as the anode material) for another (i.e., carbon material) is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, B.). Kim does not specifically disclose that the solvent (auxiliary) additive includes a fluorine-containing lithium phosphate compound, and at least one of a fluorine-containing cyclic carbonate compound, a sultone compound, and a cyclic sulfate compound. However, Park teaches a lithium secondary battery comprising an electrolyte solution (paragraph 37), the electrolyte solution comprising: a lithium salt (paragraph 70); an organic solvent (paragraphs 67-69); an additive (paragraph 65). Park further teaches that the additive comprises lithium tetrafluoro(oxalato)phosphate (LiTFOP), lithium difluoro bis(oxalato)phosphate (LiDFOP), and propane sultone (PS) (paragraph 65). Therefore, it would have been obvious to one ordinary skill in the art to include such additive (i.e., LiTFOP, LiDFOP, and PS) in the electrolyte before the effective filing date of the claimed invention because Park discloses that such configuration can efficiently suppress gas generated by the decomposition reaction with the electrolyte solvent on the cathode surface, which is effective since the lifespan characteristic and high-temperature storage characteristic of the battery may be further improved (paragraph 66). The use of a known technique (i.e., including an additive that comprises LiTFOP, LiDFOP, and PS in the electrolyte) to improve similar products (methods) in the same way is likely to be obvious (see MPEP 2143, C). The combination teaches that the amount of the additive is 0.5 to 3 percent by weight (paragraph 34 of Ihara). Regarding Claims 2-4, Kim teaches that the additive (polymer adsorbent) includes polyethylene glycol dimethyl ether (PEGDME) (paragraphs 27-30, see Examples 1-3 and 5). Regarding Claim 7, Kim teaches that the additive (polymer adsorbent) includes polyethylene glycol dimethyl ether (PEGDME) (paragraphs 27-30, see Examples 1-3 and 5). Regarding Claims 8 and 10-12, the combination teaches that the organic solvent includes at least one linear carbonate solvent [dimethyl carbonate] and at least one cyclic carbonate solvent [ethylene carbonate] (paragraph 36, see Examples 1-3, 5 and 6 of Kim), and the electrolyte further comprises an additive including lithium tetrafluoro(oxalato)phosphate (LiTFOP), lithium difluoro bis(oxalato)phosphate (LiDFOP), and propane sultone (PS) (paragraph 65 of Park), wherein the mixing ratio of the additive and auxiliary additive is 1:1 (paragraph 66 of Park). Regarding Claim 14, the combination teaches that the positive electrode (cathode) includes a cathode active material including a lithium-transition metal oxide with 80 mol% or more of nickel based on the total number of moles of all elements except for lithium and oxygen (paragraph 46 of Kim). Regarding Claim 15, the combination teaches that the additive comprises propane sultone (PS) (paragraph 65 of Park). Regarding Claim 16, Kim teaches a lithium secondary battery comprising: a positive electrode (cathode); a negative electrode (anode); a separator disposed between the electrodes; and an electrolyte solution (paragraphs 44-52),the electrolyte solution comprising: a lithium salt [LiPF6] (paragraph 35); an organic solvent (paragraph 36); an additive (polymer adsorbent) including polyethylene glycol dimethyl ether (PEGDME) (paragraphs 26, 37); and a solvent (auxiliary) additive (paragraphs 36, 41), wherein the polyethylene glycol dimethyl ether (PEGDME) has a weight-average molecular weight (Mw) of 2,000, and is included in an amount of 1 part by weight based on 100 parts by weight of the total weight electrolyte solution used (paragraphs 27-30, see Examples 1-3 and 5). Kim specifically discloses that the negative electrode (anode) active material comprises carbon material or metallic lithium (paragraph 48) and the simple substitution of one known element (i.e., metallic lithium as the anode material) for another (i.e., carbon material) is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2d 1385, 1395 - 97 (2007) (see MPEP § 2143, B.). Kim does not specifically disclose that the solvent (auxiliary) additive comprises at least one of a fluorine-containing lithium phosphate compound, a fluorine-containing cyclic carbonate compound, a sultone compound, and a cyclic sulfate compound. However, Park teaches an electrolyte solution for a lithium secondary battery (paragraph 37), the electrolyte solution comprising: a lithium salt (paragraph 70); an organic solvent (paragraphs 67-69); an additive (paragraph 65). Park further teaches that the additive comprises lithium tetrafluoro(oxalato)phosphate (LiTFOP), lithium difluoro bis(oxalato)phosphate (LiDFOP), and propane sultone (PS) (paragraph 65). Therefore, it would have been obvious to one ordinary skill in the art to include such additive (i.e., LiTFOP, LiDFOP, and PS) in the electrolyte before the effective filing date of the claimed invention because Park discloses that such configuration can efficiently suppress gas generated by the decomposition reaction with the electrolyte solvent on the cathode surface, which is effective since the lifespan characteristic and high-temperature storage characteristic of the battery may be further improved (paragraph 66). The use of a known technique (i.e., including an additive that comprises LiTFOP, LiDFOP, and PS in the electrolyte) to improve similar products (methods) in the same way is likely to be obvious (see MPEP 2143, C). The combination teaches that the amount of the additive is 0.5 to 3 percent by weight (paragraph 34 of Ihara). Regarding Claims 17-18, the combination teaches a positive electrode that comprises lithium complex oxide with Ni content of 80 mol% or more (paragraph of 73 of Ihara). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST. 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, NICHOLAS A SMITH can be reached at (571)272-8760. 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. /OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
Read full office action

Prosecution Timeline

Show 15 earlier events
Apr 16, 2025
Response after Non-Final Action
Oct 22, 2025
Non-Final Rejection mailed — §103
Jan 15, 2026
Examiner Interview Summary
Jan 15, 2026
Applicant Interview (Telephonic)
Jan 21, 2026
Response Filed
Feb 11, 2026
Final Rejection mailed — §103
May 11, 2026
Request for Continued Examination
May 13, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12640402
SECONDARY BATTERY
3y 7m to grant Granted May 26, 2026
Patent 12626906
POSITIVE ELECTRODE AND ELECTRICITY STORAGE DEVICE
4y 3m to grant Granted May 12, 2026
Patent 12626978
POUCH TYPE RECHARGEABLE-BATTERY
3y 11m to grant Granted May 12, 2026
Patent 12626904
Lithium Secondary Battery
1y 1m to grant Granted May 12, 2026
Patent 12620574
Lithium Secondary Battery
2y 6m to grant Granted May 05, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

7-8
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+33.6%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 689 resolved cases by this examiner. Grant probability derived from career allowance rate.

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