Prosecution Insights
Last updated: April 19, 2026
Application No. 17/708,495

PROTECTIVE MATERIAL FOR NEGATIVE ELECTRODE OF LITHIUM METAL BATTERY, NEGATIVE ELECTRODE, AND MANUFACTURING METHOD THEREOF

Non-Final OA §102§103
Filed
Mar 30, 2022
Examiner
MCCLURE, JOSHUA PATRICK
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ningde Amperex Technology Limited
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
66%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
39 granted / 76 resolved
-13.7% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
46 currently pending
Career history
122
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
28.8%
-11.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 76 resolved cases

Office Action

§102 §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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 26th, 2026 has been entered. Claim Status Claims 1-3, 5, 8-13, and 16 are under examination. Claims 6-7, 14-15, 17-21 are withdrawn. Claims 4 is canceled. 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 Rejections - 35 USC § 102 Claims 1, 8, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (U.S. PGPub US 2019/0198865 (A1)), hereinafter Kim. Regarding claims 1 and 8, Kim discloses a protective material for a negative electrode of a lithium metal battery (Abstract, [0010], [0012], [0028], [0030], [0063]-[0071], Fig. 1), the protective material comprising: a first protective layer, wherein the first protective layer consisting essentially of Li3PO4 (i.e., at least inorganic protection layer ref. 12 may include lithium phosphate (Li3PO4) as disclosed in [0066], etc., which at least encompasses a first protective layer consisting essentially of Li3PO4); and a second protective layer adjacent to the first protective layer (i.e., at least as disclosed in [0076] whereby an electrolyte may have a single layer structure or a multi-layer structure, etc., such as a second solid electrolyte layer ref. 24e as disclosed in [0083], such that the skilled artisan would appreciate that said solid electrolyte layer is at least a second protective layer, lacking any further structural and/or chemical distinction thereof, also see Figs. 2F-H and [0081]-[0083] with regards to layer(s) adjacent to the first protective layer, etc.), wherein the first protective layer is contiguous to a lithium metal (i.e., at least as disclosed in [0060] the second anode layer ref. 11b may include lithium metal, etc., also see Fig. 1, Fig. 3B-C, whereby as disclosed in [0063] referring to Fig. 1, the inorganic protection layer ref. 12 is substantially a pin-hole-free layer, etc., such that said layer is at least contiguous to a lithium metal so as to be adjacent and a pin-hole-free layer as shown in at least Fig. 1, etc., also see [0064]-[0066]). With regards to claim 8, Since Kim discloses the protective material for the negative electrode of a lithium metal battery as discussed above, and further discloses in [0028] an anode includes a second anode layer disposed on the first anode layer; and an inorganic protection layer disposed on the second anode layer, etc., the claim is met, such that this at least provides a negative electrode (i.e., anode) comprising said protective material, etc., lacking any further distinction thereof (also see [0030], with regards to negative electrode (i.e., anode), etc.). Regarding claim 12, Kim discloses the negative electrode as discussed above in claim 8. Kim further discloses in [0065] a lithium battery including the anode ref. 20 including the inorganic protection layer ref. 12, etc., which at least provides an electrochemical apparatus, comprising the negative electrode according to claim 8, such that the skilled artisan would appreciate that a lithium battery including said negative electrode is at least an electrochemical apparatus, lacking any further distinction thereof (also see [0067], [0073]-[0074], Fig. 2A, [0133]-[0134]). Regarding claim 13, Kim discloses the electrochemical apparatus as discussed above in claim 12. Kim further discloses in [0132] a battery module including a lithium battery may be formed, a plurality of the lithium batteries or battery modules may be stacked to form a battery pack, which may be used in any suitable device, etc., such a laptop computer, a smart phone, or an electric vehicle, etc., which at least provides an electronic device, comprising the electrochemical apparatus according to claim 12, and lacking any further distinction thereof. Claim Rejections - 35 USC § 103 Claims 2-3, 5, and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claims 1 and 8 above, and further in view of He et al. (U.S. PGPub US 2019/0393487 (A1) with Prior Filing Date of September 6th, 2018), hereinafter He. Regarding claims 2 and 9, He discloses the protective material as discussed above in claim 1 and the negative electrode as discussed above in claim 8. However, Kim is silent as to the second protective layer comprises at least one of an organic material or an organic-inorganic composite. He teaches a lithium metal secondary battery containing a protected lithium anode (Title). He further teaches in [0063] Fig. 2 is a schematic of a presently invented lithium metal battery cell containing an anode layer (a thin Li foil, etc.), a lithium ion-conducting material-based 1st anode-protecting layer, an elastomer-based 2nd anode-protecting layer, etc., which at least provides a second protective layer adjacent to the first protective layer (i.e., at least second protective layer is adjacent to the first protective layer as shown in Fig. 2, etc., also see Abstract, [0014]-[0015], [0020]-[0025], [0031], [0047], [0054], Fig. 2, [0063], [0070]), lacking any further chemical and/or structural distinction thereof as to said second protective layer. He further teaches in [0033] in one or more embodiments, the elastomer in the second anode-protecting layer may form a mixture, blend, etc., with a lithium-ion conducting polymer selected from polydimethylsiloxane, etc., which at least provides the organic material comprises polydimethylsiloxane (PDMS), (also see [0124]). He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the second protective layer comprises at least one of an organic material or an organic-inorganic composite as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc. Regarding claim 3 and 10, He discloses the protective material as discussed above in claim 2 and the negative electrode as discussed above in claim 9. However, Kim is silent as to the organic material comprises polydimethylsiloxane (PDMS). He teaches a lithium metal secondary battery containing a protected lithium anode (Title). He further teaches in [0063] Fig. 2 is a schematic of a presently invented lithium metal battery cell containing an anode layer (a thin Li foil, etc.), a lithium ion-conducting material-based 1st anode-protecting layer, an elastomer-based 2nd anode-protecting layer, etc., which at least provides a second protective layer adjacent to the first protective layer (i.e., at least second protective layer is adjacent to the first protective layer as shown in Fig. 2, etc., also see Abstract, [0014]-[0015], [0020]-[0025], [0031], [0047], [0054], Fig. 2, [0063], [0070]), lacking any further chemical and/or structural distinction thereof as to said second protective layer. He further teaches in [0033] in one or more embodiments, the elastomer in the second anode-protecting layer may form a mixture, blend, etc., with a lithium-ion conducting polymer selected from polydimethylsiloxane, etc., which at least provides the organic material comprises polydimethylsiloxane (PDMS), (also see [0124]). He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the organic material comprises polydimethylsiloxane (PDMS) as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc. Regarding claims 5 and 11, He discloses the protective material for a negative electrode of a lithium metal battery as discussed above in claim 1 and the negative electrode as discussed above in claim 8. Kim further discloses in [0069] a thickness of the inorganic protection layer ref. 12 may be about 100 nm or less, etc., which is a range that overlaps the claimed range of the first protective layer has a thickness of 10 nanometers to 150 nanometers, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). However, Kim is silent as to a thickness of the protective material for a negative electrode is 0.02 microns to 200 microns. He teaches a lithium metal secondary battery containing a protected lithium anode (Title). He further teaches in [0070]a first anode-protecting layer having a thickness from 1 nm to 100 µm, etc., and a second anode-protecting layer, in contact with the first protecting layer having a thickness from 1 nm to 100 µm and comprising an elastomer, etc., such that since He teaches a first/second anode-protecting layers with thickness ranges of 1 nm to 100 µm, this provides a total thickness range of 2 nm to 200 µm, which is a range that overlaps the claimed range of a thickness of the protective material for a negative electrode is 0.02 microns to 200 microns, thus a prima facie case of obviousness exists (MPEP 2144.05, I.). He further teaches in [0061] the two anode-protecting layers implemented between the anode active layer and the separator (or the electrolyte) is mainly for the purpose of reducing or eliminating the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim with the teachings of He, whereby the protective material and the negative electrode comprising a protective material for the negative electrode of a lithium battery as disclosed by Kim further includes the a thickness of the protective material for a negative electrode as taught by He so as to reduce or eliminate the lithium metal dendrite by providing a more stable Li metal-electrolyte interface, etc., and since the second anode-protecting layer being highly elastic, also can shrink or expand conformably, responsive to the thickness increase or decrease of the anode active material layer, etc. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Kim and He as applied to claim 2 above, and further in view of Subbaraman et al. (U.S. PGPub US 2018/0358659 (A1)), hereinafter Subbaraman. Regarding claim 16, Kim discloses the protective material as discussed above in claim 2. However, Kim is silent as to the organic-inorganic composite comprises a composite of Al2O3 and polyethylene oxide. Subbaraman teaches in [0015] in the example of Fig. 1, a second ad-layer ref. 125 is, for example, disposed on or formed over the first ad-layer ref. 120, etc., whereby the second ad-layer ref. 125 may act as a protective and/or sealant layer over the first ad-layer ref. 120 thereby forming a barrier to dendrite propagation through the battery cell ref. 100, such that the second ad-layer ref. 125 includes materials which are ionically conductive to lithium ions while reducing or preventing undesired species from reaching the first ad-layer ref. 120 and/or the anode current collector ref. 110, whereby materials for the second ad-layer ref. 125 include, but are not limited to, a metal oxide derivative (e.g., aluminum oxide, Al2O3), etc., and/or a conducting polymer (e.g., polyethylene oxide (PEO)), and combinations thereof, etc., which at least provides an organic-inorganic composite comprises a composite of Al2O3 and polyethylene oxide, lacking any further distinction thereof. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kim and He with the teachings of Subbaraman, whereby the protective material including the first/second protective layer(s), etc., as disclosed by the combined teachings of Kim and He further includes the second protective layer comprises an organic-inorganic composite that comprises a composite of Al2O3 and polyethylene oxide (i.e., at least second ad-layer including Al2O3 and polyethylene oxide) as taught by Subbaraman so as to form a barrier to dendrite propagation through the battery cell, whereby the second ad-layer includes materials which are ionically conductive to lithium ions while reducing or preventing undesired species from reaching the first ad-layer and/or the anode current collector, etc. Response to Arguments Applicant’s arguments with respect to claim(s) 1-3, 8-10, and 12-13 rejected under 35 U.S.C. 102 in view of He 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. Therefore, in light of the amendment(s) to the claim(s), a new grounds of 35 U.S.C. 102 rejection is made for claims 1, 8, 12-13 in view of Kim. See the current rejection of record for the claims that depend therefrom. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu et al. (U.S. PGPub US 2016/0118652 (A1)) discloses an anode material for lithium ion battery and lithium ion battery including the same (Title), whereby as disclosed in [0037] a second shell layer ref. 14 is disposed on the first shell layer ref. 12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm. 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, 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. 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. /JOSHUA P MCCLURE/Examiner, Art Unit 1727 /BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Mar 30, 2022
Application Filed
Jan 24, 2025
Non-Final Rejection — §102, §103
Apr 29, 2025
Response Filed
Oct 28, 2025
Final Rejection — §102, §103
Dec 19, 2025
Response after Non-Final Action
Jan 26, 2026
Request for Continued Examination
Jan 29, 2026
Response after Non-Final Action
Feb 19, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12577203
A SOLUTION OF TEMPO-DERIVATIVES FOR USE AS ELECTROLYTE IN REDOX-FLOW CELLS
2y 5m to grant Granted Mar 17, 2026
Patent 12555865
COVER FOR A BATTERY MODULE
2y 5m to grant Granted Feb 17, 2026
Patent 12537267
BATTERY MODULE
2y 5m to grant Granted Jan 27, 2026
Patent 12519160
THERMAL RUNAWAY SUPPRESSANT OF LITHIUM BATTERIES AND THE RELATED APPLICATIONS
2y 5m to grant Granted Jan 06, 2026
Patent 12476264
SYSTEM FOR REBALANCING A PRESSURE DIFFERENTIAL IN A FUEL CELL USING GAS INJECTION
2y 5m to grant Granted Nov 18, 2025
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

3-4
Expected OA Rounds
51%
Grant Probability
66%
With Interview (+14.4%)
3y 3m
Median Time to Grant
High
PTA Risk
Based on 76 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