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 .
Status of Application
Claims 1-4, 6, 8-9, 11-17, 19 are currently presented for examination. Claims 1, 15-16 are amended. Claims 5, 7, 10, 18 are withdrawn.
Response to Arguments
Applicant's arguments filed 10/27/2025 have been fully considered but they are not persuasive.
Applicant argues that Kim teaches a preferred EC:PC range of 1:0.3 to 1:0.6, which teaches away from the Office Action’s selected ration of 10:10 EC:PC (i.e., 1:1 EC:PC), and “Kim teaches that the bottom range of this ratio is in order to keep ion conductivity high while the upper range prevents dissociation of the lithium salt” (Pg 9).
While Kim discloses a preferred range, Examiner notes that Kim does not particularly disclose any effect achieved by selecting the narrower range (i.e., EC:PC range of 1:0.2 to 1:0.8 or 1:0.3 to 0.6). As such, Kim’s disclosure of the narrower range does not teach away from the selected ration of 10:10 EC:PC.
Specifically, Kim recognizes that the weight ratio of EC and PC can have a significant effect on improving both low-temperature and room-temperature output and capacity characteristics after high-temperature storage, and when included within the above range (i.e., 1:0.2 to 1:1 or 1: 0.2 to 1: 0.8 or 1: 0.3 to 1: 0.6 [0050]) the effect of improving the charge/discharge capacity and life characteristics of the secondary battery can be sufficiently improved [0051]. Kim further explains that if the weight ratio of PC:EC is less than 0.2, then the ionic conductivity at low temperature may become poor, which may lower the resistance of the battery [0062]. Further, if the weight ratio of PC:EC is greater than 1, the degree of dissociation of the lithium salt may become poor which may lower the ion conductivity and deteriorate the stability of the carbon negative electrode [0052].
Therefore, a person having ordinary skill in the art would have been motivated to optimize the weight ratio of PC:EC such that the ratio is between 0.2-1:1, to arrive at a desired balance between ionic conductivity at low temperature and stability of the carbon negative electrode [0052].
Regarding the amended range of 1000≤C≤12000, wherein C represents element M in ppm, Sakata teaches a positive electrode active material having element M within the claimed range of 1000≤C≤12000. See the rejection below.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6,8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR20190139446A, translation previously attached), in view of Sakata (US20080102369A1).
Regarding claim 1, Kim discloses electrochemical device (“secondary battery”; Example 1; [0133-0136]), comprising:
an electrolyte [0131], wherein the electrolyte comprises:
a non-fluorinated cyclic carbonate (i.e., a non-aqueous solvent comprising ethylene carbonate [0131]) and
an ether multi-nitrile compound (i.e., ethylene glycol bis(propionitrile) ether [0131]),
the non-fluorinated cyclic carbonate comprises ethylene carbonate [0049], and,
based on a mass of the electrolyte,
a content of the ethylene carbonate is X% (i.e., 24.9), and
a content of the ether multi-nitrile compound is A% (i.e., 3); and
a positive electrode [0134], wherein the positive electrode comprises
a positive electrode active material layer (i.e., a slurry of positive electrode active material) and a positive current collector (i.e., Al thin film) [0134],
the positive electrode active material layer comprises a positive electrode active material [0134]
The positive electrode active material of Example 1, Li(Ni0.6Mn0.2Co0.2)O2 [0134] does not comprise an element M, the element M comprises at least one of Al, Mg, Ti, Zr, or W.
However, Kim discloses a list of possible lithium composite metal oxides used as the positive electrode active material, such as lithium nickel cobalt aluminum oxide (e.g., Li(Ni0.8Co0.15Al0.05)O2)[0100]. Thus, a person having ordinary skill in the art would have been motivated to use the Li(Ni0.8Co0.15Al0.05)O2 as an alternative to the Li(Ni0.6Mn0.2Co0.2)O2 of Example 1 for reversible intercalation and deintercalation of lithium [0099].
A person having ordinary skill in the art would further calculate and recognize that based on a mass of the positive electrode active material (Li(Ni0.8Co0.15Al0.05)O2) a content of the element M (i.e., Al) is C (i.e., 14040 ppm), which does not fall within the claimed range of 1000≤C≤12000.
Kim further discloses that the positive electrode active material may be Li(Nip2Coq2Mnr3MS2)O2, wherein element M includes Al, Mg, Ti and 0<p2<1, 0<q2<1, 0<r3<1, 0<s2<1, p2+q2+r3+s2=1, but does not teach that the content of the element M falls within the claimed range of “1000≤C≤12000”.
In this regard, Sakata also teaches a nonaqueous secondary battery having a high capacity, good charge-discharge cycle characteristics and high storage characteristics [0013] comprising a positive electrode, a negative electrode, and a nonaqueous electrolyte, wherein the nonaqueous electrolyte contains a compound having two or more nitrile groups in the molecule and a solvent having cyclic esters such as ethylene carbonate (abstract, [0023]).
Sakata further teaches that a lithium-containing transition metal oxides for a positive electrode active material such as LiCo0.334Ni0.33Mn0.33Mg0.0024Ti0.0012Al0.0024O2 [0091 Sakata], which includes the claimed element M such as Al (672 ppm), Mg (606 ppm) and Ti (596 ppm), wherein the total ppm C is 1874 ppm, which falls within the claimed range of “1000≤C≤12000”. Sakata further teaches that when Mg amount is too large, the load characteristic of the battery tends to decrease [Sakata 0080] and when the content of Ti and Al are too large, it doesn’t effectively increase the capacity of the battery [Sakata 0082]. Thus, it would have been obvious for a person having ordinary skill in the art to have optimized the amount of Mg, Ti, Al in the positive electrode active material by way of routine experimentation to arrive at a desired balance between load characteristic of the battery and the battery capacity [Sakata 0080, 0082].
Kim further discloses wherein X+A is 27.9, which does not fall within the claimed range of X+A≤15.
In Example 1, Kim discloses that 83 g of a non-aqueous solvent comprises ethylene (EC):propylene carbonate (PC):propyl propionate (PP) in 30:10:60 by weight ratio [0131].
In regard to the weight ratio, Kim discloses that when a mixed solvent of ethylene carbonate and propylene carbonate is used as the carbonate solvent, the weight ratio of ethylene carbonate and propylene carbonate (EC:PC) may be 1:0.2 to 1:1, preferably 1:0.2 to 1:0.8, more preferably 1:0.3 to 0.6 [0052].
Kim recognizes that the weight ratio of EC and PC can have a significant effect on improving both low-temperature and room-temperature output and capacity characteristics after high-temperature storage, and when included within the above range (i.e., 1:0.2 to 1:1, or 1: 0.2 to 1: 0.8, or 1: 0.3 to 1: 0.6 [0050]), the effect of improving the charge/discharge capacity and life characteristics of the secondary battery can be sufficiently improved [0051]. Kim further discloses that if the weight ratio of PC:EC is less than 0.2, then the ionic conductivity at low temperature may become poor, which may lower the resistance of the battery [0062]. Further, if the weight ratio of PC:EC is greater than 1, the degree of dissociation of the lithium salt may become poor which may lower the ion conductivity and deteriorate the stability of the carbon negative electrode [0052].
Thus, it would have been obvious for a person having ordinary skill in the art to have optimized the weight ratio of PC:EC such that it is between 0.2-1:1, to arrive at a desired balance between ionic conductivity at low temperature and the stability of the carbon negative electrode [0052].
Using the modified ratio of EC:PC:PP in 10:10:80 (in the 83g of a non-aqueous solvent of Example 1), a person having ordinary skill in the art would recognize X is 8.3 and X+A is 11.3, which falls within the claimed range of X+A≤15.
A person having ordinary skill in the art would further calculate and recognize that C/A is 625, which falls within the claimed range of 133≤C/A≤12000.
Regarding claim 2, modified Kim teaches the electrochemical device according to claim 1, wherein
the ether multi-nitrile compound comprises at least one of an ether dinitrile compound (i.e., ethylene glycol bis(propionitrile) ether in 3g) [0131]
based on the mass of the electrolyte, a content of the ether dinitrile compound is Y % (i.e., 3), and a content of the ether trinitrile compound is Z% (i.e., 0), wherein Y+Z is 3, which falls within the claimed range of “0.1≤Y+Z≤7.5”.
Regarding claim 3, modified Kim teaches the electrochemical device according to claim 1, wherein C/A is 625, which falls within the claimed range of 400≤C/A≤4000. Modified Kim further teaches wherein X is 8.3, which falls within the claimed range of 2.5≤X≤14.
Regarding claim 4, modified Kim teaches the electrochemical device according to claim 2, wherein
(a) Y=3, which falls within the claimed range of is 0<Y≤3.5;
(b) Z=0, which falls within the claimed range of 0≤Z≤4.0; or
(c) C/Y=2450, which falls within the claimed range of 133<C/Y≤12500.
Regarding claim 6 and 9, modified Kim teaches the electrochemical device according to claim 1, wherein the ether multi-nitrile compound comprises ethylene glycol bis(propionitrile) ether [0131], which is another name for the ethylene glycol bis(2-cyanoethyl) ether in [PG Pub 0034] of the instant application.
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Regarding claim 8, modified Kim teaches the electrochemical device according to claim 1, wherein the content of the ether multi-nitrile compound is 3 wt% based on the total weight of the electrolyte [0131] and 90wt% of the positive electrode active material is in the positive electrode active material slurry [0134].
However, modified Kim does not explicitly teach wherein the content of the ether multi-nitrile compound in 1 gram of the positive electrode active material ranges from 0.0001 g to 0.06 g.
In this regard, Kim teaches that the nitrile compound has a high binding affinity with a transition metal such as Co, thereby improving the surface stability of the positive electrode active material, thereby suppressing gas generation due to side reactions between the positive electrode and the electrolyte and significantly reducing cell swelling [0026 Kim]. Therefore, a person having ordinary skill in the art would have been motivated to optimize the amount of the ether multi-nitrile compound and the positive electrode active material to arrive at a desired balance between binding affinity of the nitrile compound and the transition metal of the positive electrode active material and cell swelling.
Regarding claim 11-12, modified Kim teaches the electrochemical device according to claim 1, wherein the positive electrode active material comprises Li(Ni0.8Co0.15Al0.05)O2 or Li(Ni0.6Mn0.2Co0.2)O2 (Example 1; [0099]), which does not meet the claimed limitations of “wherein the element M satisfies at least one of conditions (d) to (f)” (claim 11):
(d) the element M contains Al and at least one of Mg, Ti, Zr, or W;
(e) the element M contains Mg and at least one of Al, Ti, Zr, or W; or
(f) the element M contains Al and Mg, and at least one of Ti, Zr, or W.
However, in [0099], Kim discloses a list of possible lithium composite metal oxides for the positive electrode active material, including Lithium-nickel-cobalt-transition metal (M) oxides (e.g., Li (Nip2Coq2Mnr3MS2)O2, wherein M is selected from the group consisting of Al, Ti, Mg [0099]. Therefore, it would have been obvious for a person having ordinary skill in the art to have selected Al, Mg, Ti from the list of M with a reasonable expectation to provide a positive electrode active material capable of reversible intercalation and deintercalation of lithium.
Alternatively, Sakata also teaches a nonaqueous secondary battery having a positive electrode, a negative electrode, and a nonaqueous electrolyte, wherein the nonaqueous electrolyte contains a compound having two or more nitrile groups in the molecule (abstract) and a solvent having cyclic esters such as ethylene carbonate [0023].
Sakata further teaches that a lithium-containing transition metal oxides for a positive electrode active material such as LiCo0.334Ni0.33Mn0.33Mg0.0024Ti0.0012Al0.0024O2 [0091 Sakata]. It would have been obvious for a person having ordinary skill in the art to have modified the lithium-nickel-cobalt-transition metal oxide of Kim to include more than one transition metals, as Sakata teaches that the stability of those lithium-containing transition metal oxides is further improved in a state that the battery is charged at a high voltage [0070 Sakata].
A person having ordinary skill in the art would calculate and recognize that based on the mass of the positive electrode active material LiCo0.334Ni0.33Mn0.33Mg0.0024Ti0.0012Al0.0024O2 [0091 Sakata], a content of Al is 672 (i.e., C1) ppm. Further, C, which is interpreted as a total ppm of element M (i.e., Al, Mg, Ti), is 1875 ppm. Thus, C1/C is 0.36, which falls within the claimed range of 0≤x1≤0.7 (Claim 12).
Regarding claim 13, modified Kim teaches the electrochemical device according to claim 11, wherein LiCo0.334Ni0.33Mn0.33Mg0.0024Ti0.0012Al0.0024O2 [0091 Sakata] contains Al, Mg, Ti. Based on the mass of the positive electrode active material, a content of Al is 672 (i.e.,C1) ppm, a content of Mg is 606 (i.e., C2) ppm, wherein C2/C1 is 0.9, which falls within the claimed range of 0.001≤C2/C1<1.
Regarding claim 14, modified Kim teaches the electrochemical device according to claim 1, wherein the positive electrode active material may further comprise Fe, according to the list provided in [Kim 0099].
Regarding claim 15, modified Kim teaches the electrochemical device according to claim 1. Modified Kim does not disclose a thickness of the positive electrode active material layer.
In this regard, Sakata teaches wherein the thickness of the positive electrode active material layer is 30 to 200 μm, which encompasses the claimed range of “40 μm to 130 μm”. It would have been obvious for a person having ordinary skill in the art to modify the thickness of the positive electrode active material layer of Kim, such that it is in the compassed range, to secure a high density to increase the capacity of the battery [Sakata 0046].
Regarding claim 16, Kim discloses an electrochemical device (Example 1; [0133-0136]). Kim does not explicitly disclose an electronic device comprising the electrochemical device. However, Kim discloses that high-output and high-capacity secondary batteries may be used for devices such as electric vehicles [0003]. Thus, it would have been obvious for a person having ordinary skill in the art to have used the electrochemical device for an electronic device such as electric vehicles with a reasonable expectation to provide power.
Kim further discloses the electrochemical device comprising:
an electrolyte [0131], wherein the electrolyte comprises:
a non-fluorinated cyclic carbonate (i.e., a non-aqueous solvent comprising ethylene carbonate [0131]) and
an ether multi-nitrile compound (i.e., ethylene glycol bis(propionitrile) ether [0131]),
the non-fluorinated cyclic carbonate comprises ethylene carbonate [0049], and,
based on a mass of the electrolyte,
a content of the ethylene carbonate is X% (i.e., 24.9), and
a content of the ether multi-nitrile compound is A% (i.e., 3); and
a positive electrode [0134], wherein the positive electrode comprises
a positive electrode active material layer (i.e., a slurry of positive electrode active material) and a positive current collector (i.e., Al thin film) [0134],
the positive electrode active material layer comprises a positive electrode active material [0134]
The positive electrode active material of Example 1, Li(Ni0.6Mn0.2Co0.2)O2 [0134] does not comprise an element M, the element M comprises at least one of Al, Mg, Ti, Zr, or W.
However, Kim discloses a list of possible lithium composite metal oxides used as the positive electrode active material, such as lithium nickel cobalt aluminum oxide (e.g., Li(Ni0.8Co0.15Al0.05)O2)[0100]. Thus, a person having ordinary skill in the art would have been motivated to use the Li(Ni0.8Co0.15Al0.05)O2 as an alternative to the Li(Ni0.6Mn0.2Co0.2)O2 of Example 1 for reversible intercalation and deintercalation of lithium [0099].
A person having ordinary skill in the art would further calculate and recognize that based on a mass of the positive electrode active material (Li(Ni0.8Co0.15Al0.05)O2) a content of the element M (i.e., Al) is C (i.e., 14040 ppm), which does not fall within the claimed range of 1000≤C≤12000.
Kim further discloses that the positive electrode active material may be Li(Nip2Coq2Mnr3MS2)O2, wherein element M includes Al, Mg, Ti and 0<p2<1, 0<q2<1, 0<r3<1, 0<s2<1, p2+q2+r3+s2=1, but does not teach that the content of the element M falls within the claimed range of “1000≤C≤12000”.
In this regard, Sakata also teaches a nonaqueous secondary battery having a high capacity, good charge-discharge cycle characteristics and high storage characteristics [0013] comprising a positive electrode, a negative electrode, and a nonaqueous electrolyte, wherein the nonaqueous electrolyte contains a compound having two or more nitrile groups in the molecule and a solvent having cyclic esters such as ethylene carbonate (abstract, [0023]).
Sakata further teaches that a lithium-containing transition metal oxides for a positive electrode active material such as LiCo0.334Ni0.33Mn0.33Mg0.0024Ti0.0012Al0.0024O2 [0091 Sakata], which includes the claimed element M such as Al (672 ppm), Mg (606 ppm) and Ti (596 ppm), wherein the total ppm C is 1874 ppm, which falls within the claimed range of “1000≤C≤12000”. Sakata further teaches that when Mg amount is too large, the load characteristic of the battery tends to decrease [Sakata 0080] and when the content of Ti and Al are too large, it doesn’t effectively increase the capacity of the battery [Sakata 0082]. Thus, it would have been obvious for a person having ordinary skill in the art to have optimized the amount of Mg, Ti, Al in the positive electrode active material by way of routine experimentation to arrive at a desired balance between load characteristic of the battery and the battery capacity [Sakata 0080, 0082].
Kim further discloses wherein X+A is 27.9, which does not fall within the claimed range of X+A≤15.
In Example 1, Kim discloses that 83 g of a non-aqueous solvent comprises ethylene (EC):propylene carbonate (PC):propyl propionate (PP) in 30:10:60 by weight ratio [0131].
In regard to the weight ratio, Kim discloses that when a mixed solvent of ethylene carbonate and propylene carbonate is used as the carbonate solvent, the weight ratio of ethylene carbonate and propylene carbonate (EC:PC) may be 1:0.2 to 1:1, preferably 1:0.2 to 1:0.8, more preferably 1:0.3 to 0.6 [0052].
Kim recognizes that the weight ratio of EC and PC can have a significant effect on improving both low-temperature and room-temperature output and capacity characteristics after high-temperature storage, and when included within the above range (i.e., 1:0.2 to 1:1, or 1: 0.2 to 1: 0.8, or 1: 0.3 to 1: 0.6 [0050]), the effect of improving the charge/discharge capacity and life characteristics of the secondary battery can be sufficiently improved [0051]. Kim further discloses that if the weight ratio of PC:EC is less than 0.2, then the ionic conductivity at low temperature may become poor, which may lower the resistance of the battery [0062]. Further, if the weight ratio of PC:EC is greater than 1, the degree of dissociation of the lithium salt may become poor which may lower the ion conductivity and deteriorate the stability of the carbon negative electrode [0052].
Thus, it would have been obvious for a person having ordinary skill in the art to have optimized the weight ratio of PC:EC such that it is between 0.2-1:1, to arrive at a desired balance between ionic conductivity at low temperature and the stability of the carbon negative electrode [0052].
Using the modified ratio of EC:PC:PP in 10:10:80 (in the 83g of a non-aqueous solvent of Example 1), a person having ordinary skill in the art would recognize X is 8.3 and X+A is 11.3, which falls within the claimed range of X+A≤15.
A person having ordinary skill in the art would further calculate and recognize that C/A is 625, which falls within the claimed range of 133≤C/A≤12000.
Regarding claim 17, modified Kim teaches the electrochemical device according to claim 16, wherein
the ether multi-nitrile compound comprises at least one of an ether dinitrile compound (i.e., ethylene glycol bis(propionitrile) ether in 3g) [Kim 0131]
based on the mass of the electrolyte, a content of the ether dinitrile compound is Y % (i.e., 3) and a content of the ether trinitrile compound is Z% (i.e., 0), wherein 0.1≤Y+Z≤7.5.
Regarding claim 19, modified Kim teaches the electrochemical device according to claim 16, wherein the positive electrode active material comprises Li(Ni0.8Co0.15Al0.05)O2 or Li(Ni0.6Mn0.2Co0.2)O2 (Example 1; [Kim 0099]), which does not meet the claimed limitations of “the element M satisfies at least one of conditions (d) to (f):
(d) the element M contains Al and at least one of Mg, Ti, Zr, or W;
(e) the element M contains Mg and at least one of Al, Ti, Zr, or W; or
(f) the element M contains Al and Mg, and at least one of Ti, Zr, or W”
In this regard, Kim further discloses a list of possible lithium composite metal oxides for the positive electrode active material, including Lithium-nickel-cobalt-transition metal (M) oxides (e.g., Li (Nip2Coq2Mnr3MS2)O2, wherein M is selected from the group consisting of Al, Ti, Mg [Kim 0099]. Thus, it would have been obvious for a person having ordinary skill in the art to have modified the positive electrode active material of Example 1 to further include elements such as Al, Ti, Mg with a reasonable expectation to provide a positive electrode active material capable of reversible intercalation and deintercalation of lithium [0099].
Alternatively, Sakata also teaches a nonaqueous secondary battery having a positive electrode, a negative electrode, and a nonaqueous electrolyte, wherein the nonaqueous electrolyte contains a compound having two or more nitrile groups in the molecule (abstract) and a solvent having cyclic esters such as ethylene carbonate [Sakata 0023].
Sakata further teaches that a lithium-containing transition metal oxides for a positive electrode active material such as LiCo0.334Ni0.33Mn0.33Mg0.0024Ti0.0012Al0.0024O2 [Sakata 0091]. It would have been obvious for a person having ordinary skill in the art to have modified the lithium-nickel-cobalt-transition metal oxide of Kim to include more than one transition metals, as Sakata teaches that the stability of those lithium-containing transition metal oxides is further improved in a state that the battery is charged at a high voltage [Sakata 0070].
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.
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 2/10/2026
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