Prosecution Insights
Last updated: April 19, 2026
Application No. 17/746,575

LITHIATION ADDITIVE FOR SOLID-STATE BATTERY INCLUDING GEL ELECTROLYTE

Final Rejection §103
Filed
May 17, 2022
Examiner
EFYMOW, JESSE JAMES
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
GM Global Technology Operations LLC
OA Round
4 (Final)
100%
Grant Probability
Favorable
5-6
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
15 granted / 15 resolved
+35.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
60 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§103
53.7%
+13.7% vs TC avg
§102
25.6%
-14.4% vs TC avg
§112
13.9%
-26.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 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 . Status of Claims This is a final office action for application 17/746,575 in response to the amendment(s) filed on 01/08/2026. Claims 1-4 and 5-21 are under examination. Response to Arguments Applicant’s arguments filed on 01/08/2026 have been fully considered but were not found persuasive over the previous prior art rejection of record for the reasons set forth below. See claims 1-4 and 6-21 rejections below. Applicant argues “that Lin fails to teach or suggest ‘a lithium-source material coated on the positive electroactive solid-state particles in the electrode’ and is directed to an anode active material particle rather than the claimed positive electroactive solid-state particles” (see e.g. page 11of applicant’s arguments): Examiner respectfully disagrees. The rejection under 35 U.S.C. § 102 has been withdrawn in view of the amendments and a new ground of rejection under 35 U.S.C. § 103 has been applied based on Lim in view of Yushin. Lim explicitly discloses a positive electrode comprising positive electroactive solid-state particles having a lithium-source material coating (e.g. Li2CuO2) formed on the surface of the particles. Therefore, the deficiency alleged by Applicant with respect to Lin is moot, as Lin is no longer relied upon. For the above reason, applicant’s argument is not persuasive. Applicant argues “that Fujiki, Yushin, Kaseda, and Yamada are silent with regard to a lithium-source material selected from the amended group consisting of 3,4-dihydroxybenzonitrile dilithium salt (Li2DHBN), LiN3, Li₀.₆₅Ni₁.₃₅O₂, Li5FeO4, Li5ReO6, Li6CoO4, Li3V2(PO4)3, Li2S/Co, Li2CuO2, Li2NiO2, Li2MoO3, and combinations thereof” (see e.g. page 12 of applicant’s arguments): Examiner respectfully disagrees. The rejection has been updated to rely on Lim in view of Yushin, wherein Lim explicitly discloses Li2CuO2 as the lithium-source material coating. Li2CuO2 is expressly recited within Applicant’s amended Markush group. Therefore, the prior art now teaches a species within the claimed genus. It is well established that disclosure of a single species within a claimed genus is sufficient to render the genus obvious absent a showing of criticality. Applicant has not provided evidence of criticality or unexpected results associated with the full scope of the claimed genus. For the above reason, applicant’s argument is not persuasive. Applicant argues “that the cited references, alone or in combination, fail to teach or suggest all of the limitations of the independent claims” (see e.g. page 13 of applicant’s arguments): Examiner respectfully disagrees. As set forth in the updated rejections, Lim discloses the positive electrode structure including coated positive electroactive solid-state particles, while Yushin teaches the polymeric gel electrolyte at least partially filling voids between particles and provides motivation to combine (e.g. improved stability and rate performance). The combination of Lim and Yushin, along with Kaseda and Yamada where applied, teaches or suggests all claimed limitations. The rationale for combination remains consistent with the prior Office action and is supported by the references’ express teachings. For the above reason, applicant’s argument is not persuasive. Applicant argues “that new claim 21 is in condition for allowance for at least the same reasons as the independent claim” (see e.g. page 13 of applicant’s arguments): Examiner respectfully disagrees. Claim 21 depends from claim 1 and further limits the lithium-source material to specific species, including Li2CuO2. As discussed above, Lim expressly discloses Li2CuO2 as a coating material. Therefore, claim 21 does not include additional limitations that would overcome the applied prior art. For the above reason, applicant’s argument is not persuasive. In conclusion, the arguments and amendments filed were not found to be persuasive over the previous prior art rejection of record. The rejections of the claims have been updated to reflect the amendments where appropriate, including substitution of Lim et al. for Fujiki et al. as the primary reference while maintaining applicable secondary references. See claims 1-4 and 6-21 rejections below. 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 § 103 Claims 1-4, 6, 10-14, 16 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (WO-2021096265-A1), US-20220363561-A1 is being used as an equivalent translation and referenced below and further in view of Yushin et al. (US-20200343580-A1). Regarding Claim 1, Lim discloses a positive electrode (see e.g. "a positive electrode for a lithium secondary battery" in paragraph [0009]) comprising: an active layer (see e.g. "including the positive electrode active material" in paragraph [0009]) comprising: a plurality of positive electroactive solid-state particles (see e.g. "a positive electrode active material including a lithium transition metal oxide having a spinel crystal structure" in paragraph [0011] and "lithium transition metal oxide particles" in paragraph [0052]); a lithium-source material coated on the positive electroactive solid-state particles (see e.g. "a coating layer" in paragraph [0011] and "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]), the lithium-source material covering 100 % of a total exposed surface area of each of the positive electroactive solid-state particles (see e.g. "the coating layer is uniformly formed on the surface of the lithium transition metal oxide, so that a side reaction between the lithium transition metal oxide and an electrolyte solution may be easily suppressed" in paragraph [0065]), the lithium-source material is Li2CuO2 (see e.g. "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]); and a polymeric gel electrolyte (see e.g. " a gel-type polymer electrolyte" in paragraph [0091]). Lim does not explicitly disclose that the polymeric gel electrolyte at least partially fills the voids between the positive electroactive solid-state particles in the active layer. Yushin, however, in the same field of endeavor, lithium coated positive electroactive solid-state particles, discloses a polymeric gel electrolyte (see e.g. "organic…polymer gel…electrolyte" in paragraph [0040] of Yushin) at least partially filling voids between the positive electroactive solid-state particles (see e.g. part number 1101 in FIG. 11 of Yushin). Yushin also teaches that when the polymer gel electrolyte is in contact with positive electroactive solid-state particles can result in superior stability and rate performance of the battery electrodes (see e.g. paragraph [0053] of Yushin). Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the polymer gel electrolyte of Lim et al. such that it at least partially fills the voids between the positive electroactive solid-state particles in the active layer as taught by Yushin et al. in order to have a positive electrode with superior stability and rate performance as suggested by Yushin. Lim in view of Yushin does not explicitly disclose that the theoretical specific capacity of the lithium-source material is greater than or equal to about 100 mAh/g to less than or equal to about 3,000 mAh/g, however, Lim in view of Yushin does disclose a lithium-source material that has no compositional or structural distinction between the lithium-source material claimed in the instant application. Because the lithium-source material in both the instant application and the prior art have no compositional or structural differences the properties of the lithium-source material must be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I). Regarding Claim 2, Lim in view of Yushin disclose the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim does not disclose that the lithium-source material is a first lithium-source material and the active layer further comprises a second lithium-source material comprising lithium sulfide (Li2S). Yushin, however, discloses an active layer comprising a first coating (see e.g. "surface layer coating to be porous" in paragraph [0126] of Yushin) that further comprises a second lithium-source material comprising lithium sulfide (Li2S) (see e.g. "a first lithium-source material and the active layer further comprises a second lithium-source material comprising lithium sulfide (Li2S)." in paragraph [0126] of Yushin). Yushin also teaches that by incorporating Li2S into the coating the wetting may be improved, the charge-transfer resistance will be minimized and the particle may exhibit higher electron conductivity (see e.g. paragraph [0126] of Yushin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium source material coating of Lim et al. such that it incorporates a second lithium-source material comprising lithium sulfide (Li2S) as taught by Yushin et al. in order to have a positive electroactive particle that minimizes charge-transfer resistance and exhibits higher electroconductivity as suggested by Yushin. Regarding Claim 3, Lim in view of Yushin disclose the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim does not disclose that he lithium-source material is a first lithium-source material and the active layer further comprises a second lithium-source material selected from the group consisting of: lithium sulfide (Li2S), Li3N, lithium fluoride (LiF), Li2O,and combinations thereof. Yushin, however, discloses an active layer comprising a first coating (see e.g. "surface layer coating to be porous" in paragraph [0126] of Yushin) that further comprises a second lithium-source material comprising lithium sulfide (Li2S) (see e.g. "a first lithium-source material and the active layer further comprises a second lithium-source material comprising lithium sulfide (Li2S)." in paragraph [0126] of Yushin). Yushin also teaches that by incorporating Li2S into the coating the wetting may be improved, the charge-transfer resistance will be minimized and the particle may exhibit higher electron conductivity (see e.g. paragraph [0126] of Yushin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium source material coating of Lim et al. such that it incorporates a second lithium-source material comprising lithium sulfide (Li2S) as taught by Yushin et al. in order to have a positive electroactive particle that minimizes charge-transfer resistance and exhibits higher electro conductivity as suggested by Yushin. Regarding Claim 4, Lim in view of Yushin discloses the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim further discloses that Li2CuO2, is present in the positive electrode active material as a coating layer formed on a lithium transition metal oxide (see e.g. "a Li2CuO2 coating layer" in paragraph [0104]). Lim discloses that Li2CuO2 was mixed with the lithium transition metal oxide in a weight ratio of 1:0.05 (see e.g. “LiMn2O4 and Li2CuO2 powder were mixed at a weight ratio of 1:0.05” in paragraph [0104]). The disclosed weight ratio of LiMn2O4 to Li2CuO2 of 1:0.05 which corresponds to approximately 4.76 wt.% Li2CuO2 based on the total weight of the mixture (0.05 parts Li2CuO2 / (1.00 parts LiMn2O4 + 0.05 parts Li2CuO2) x 100 = ~4.76 wt.% Li2CuO2). Lim discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 6, Lim in view of Yushin discloses the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim further discloses the lithium-source material coating has an average thickness of 5 nm (see e.g. "a Li2CuO2 coating layer having a thickness of 5 nm" in paragraph [0104]). Lim discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 10, Lim in view of Yushin discloses the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim does not disclose that the positive electrode further comprises a plurality of solid-state electrolyte particles dispersed with the positive electroactive solid-state particles. Yushin, however, discloses that the positive electrode further comprises a plurality of solid-state electrolyte particles dispersed with the positive electroactive solid-state particles (see e.g. "the solid electrolyte is incorporated into... cathode" in paragraph [0035] and "an example cathode-separator-anode stack 1100 filled (e.g., by melt infiltration) with a solid electrolyte 1101" in paragraph [0196] and part number 1101 in FIG. 11 of Yushin). Yushin also teaches that when the solid-state electrolyte particles are in contact with the positive electroactive solid-state particles this results in superior stability and rate performance of the battery electrodes (see e.g. paragraph [0053] of Yushin). Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the positive electrode of Lim et al. such that it comprises a plurality of solid-state electrolyte particles dispersed with the positive electroactive solid-state particles as taught by Yushin et al. in order to have a positive electrode with superior stability and rate performance as suggested by Yushin. Regarding Claim 11, Lim discloses an electrochemical cell that cycles lithium ions (see e.g. " lithium secondary battery" in paragraph [0096]), the electrochemical cell comprising: an electrode (see e.g. " positive electrode" in paragraph [0078]) comprising: a plurality of positive electroactive solid-state particles (see e.g. "a positive electrode active material including a lithium transition metal oxide having a spinel crystal structure" in paragraph [0011] and "lithium transition metal oxide particles" in paragraph [0052]); a lithium-source material coated on the positive electroactive solid-state particles in the electrode (see e.g. "a coating layer" in paragraph [0011] and "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]), the lithium-source material covering 100 % of a total exposed surface area of each of the electroactive solid-state particles (see e.g. "the coating layer is uniformly formed on the surface of the lithium transition metal oxide, so that a side reaction between the lithium transition metal oxide and an electrolyte solution may be easily suppressed" in paragraph [0065]), the lithium-source material is Li2CuO2 (see e.g. "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]); and a polymeric gel electrolyte (see e.g. " a gel-type polymer electrolyte" in paragraph [0091]). Lim does not explicitly disclose that the polymeric gel electrolyte at least partially fills the voids between the positive electroactive solid-state particles in the active layer. Yushin, however, in the same field of endeavor, lithium coated positive electroactive solid-state particles, discloses a polymeric gel electrolyte (see e.g. "organic…polymer gel…electrolyte" in paragraph [0040] of Yushin) at least partially filling voids between the positive electroactive solid-state particles (see e.g. part number 1101 in FIG. 11 of Yushin). Yushin also teaches that when the polymer gel electrolyte is in contact with positive electroactive solid-state particles can result in superior stability and rate performance of the battery electrodes (see e.g. paragraph [0053] of Yushin). Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the polymer gel electrolyte of Lim et al. such that it at least partially fills the voids between the positive electroactive solid-state particles in the active layer as taught by Yushin et al. in order to have a positive electrode with superior stability and rate performance as suggested by Yushin. Lim in view of Yushin does not explicitly disclose that the theoretical specific capacity of the lithium-source material is greater than or equal to about 100 mAh/g to less than or equal to about 3,000 mAh/g, however, Lim in view of Yushin does disclose a lithium-source material that has no compositional or structural distinction between the lithium-source material claimed in the instant application. Because the lithium-source material in both the instant application and the prior art have no compositional or structural differences the properties of the lithium-source material must be inherent and thus a prima facie case of obviousness exists. See MPEP 2112 (III) and MPEP 2112.01 (I). Regarding Claim 12, Lim in view of Yushin discloses the electrochemical cell of claim 11 (see e.g. claim 11 rejection above). Lim does not disclose that he lithium-source material is a first lithium-source material and the active layer further comprises a second lithium-source material selected from the group consisting of: lithium sulfide (Li2S), Li3N, lithium fluoride (LiF), Li2O,and combinations thereof. Yushin, however, discloses an active layer comprising a first coating (see e.g. "surface layer coating to be porous" in paragraph [0126] of Yushin) that further comprises a second lithium-source material comprising lithium sulfide (Li2S) (see e.g. "a first lithium-source material and the active layer further comprises a second lithium-source material comprising lithium sulfide (Li2S)." in paragraph [0126] of Yushin). Yushin also teaches that by incorporating Li2S into the coating the wetting may be improved, the charge-transfer resistance will be minimized and the particle may exhibit higher electron conductivity (see e.g. paragraph [0126] of Yushin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium source material coating of Lim et al. such that it incorporates a second lithium-source material comprising lithium sulfide (Li2S) as taught by Yushin et al. in order to have a positive electroactive particle that minimizes charge-transfer resistance and exhibits higher electro conductivity as suggested by Yushin. Regarding Claim 13, Lim in view of Yushin discloses the electrochemical cell of claim 11 (see e.g. claim 11 rejection above). Lim further discloses that Li2CuO2, is present in the positive electrode active material as a coating layer formed on a lithium transition metal oxide (see e.g. "a Li2CuO2 coating layer" in paragraph [0104]). Lim discloses that Li2CuO2 was mixed with the lithium transition metal oxide in a weight ratio of 1:0.05 (see e.g. “LiMn2O4 and Li2CuO2 powder were mixed at a weight ratio of 1:0.05” in paragraph [0104]). The disclosed weight ratio of LiMn2O4 to Li2CuO2 of 1:0.05 which corresponds to approximately 4.76 wt.% Li2CuO2 based on the total weight of the mixture (0.05 parts Li2CuO2 / (1.00 parts LiMn2O4 + 0.05 parts Li2CuO2) x 100 = ~4.76 wt.% Li2CuO2). Lim discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 14, Lim in view of Yushin discloses the electrochemical cell of claim 11 (see e.g. claim 11 rejection above). Lim further discloses the lithium-source material coating has an average thickness of 5 nm (see e.g. "a Li2CuO2 coating layer having a thickness of 5 nm" in paragraph [0104]). Lim discloses a point that lies within the range claimed by the instant application. In the case where the prior art discloses a point within the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Regarding Claim 16, Lim in view of Yushin discloses the electrochemical cell of claim 11 (see e.g. claim 11 rejection above). Lim does not disclose that the electrode is a first electrode, the polymeric gel electrolyte is a first polymeric gel electrolyte, and the electrochemical cell further comprises: a second electrode comprising a plurality of negative electroactive solid-state particles and a second polymeric gel electrolyte; and an electrolyte layer disposed between the first electrode and the second electrode comprising a third polymeric gel electrolyte. Yushin, however, discloses that the electrode is a first electrode, the polymeric gel electrolyte is a first polymeric gel electrolyte, and the electrochemical cell further comprises: a second electrode comprising a plurality of negative electroactive solid-state particles and a second polymeric gel electrolyte; and an electrolyte layer disposed between the first electrode and the second electrode comprising a third polymeric gel electrolyte (see e.g. "an anode may comprise a different electrolyte composition or different electrolyte mixture than a cathode or a separator membrane layer" in paragraph [0024], FIG. 11 of Yushin, and annotated FIG. 11 below). Yushin further teaches that each electrolyte composition may exhibit a different melting point, mechanical properties, microstructure, density, chemical composition and/or ionic conductivity allow the overall cell to be even more fined tuned to the desired performance (see e.g. paragraph [0024] of Yushin). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrochemical cell of Lim et al. such that wherein the electrode is a first electrode, the polymeric gel electrolyte is a first polymeric gel electrolyte, and the electrochemical cell further comprises: a second electrode comprising a plurality of negative electroactive solid-state particles and a second polymeric gel electrolyte; and an electrolyte layer disposed between the first electrode and the second electrode comprising a third polymeric gel electrolyte as taught by Yushin et al. in order to fine tune the overall properties of the electrochemical cell to the desired performance as suggested by Yushin. PNG media_image1.png 740 1012 media_image1.png Greyscale (Yushin, figure 11, annotated for illustration) Regarding Claim 18, Lim in view of Yushin disclose the electrochemical cell of claim 16 (see e.g. claim 16 rejection above). Lim does not disclose that the electrolyte layer further comprises: a plurality of solid-state electrolyte particles. Yushin, however, discloses that the electrolyte layer further comprises a plurality of solid-state electrolyte particles (see e.g. "SSE membranes to additionally comprise nanomaterials (e.g. nanoparticles)" in paragraph [0112] of Yushin). Yushin also teaches that by having an electrolyte layer comprised of solid-state electrolyte particles certain advantages such as enhancing the SPE conductivity and long-term cycle stability can be achieved (see e.g. paragraph [0086]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, modify the electrolyte layer of Lim et al. such that it further comprises a plurality of solid-state electrolyte particles as taught by Yushin et al. in order to enhance SPE conductivity and long-term cycle stability as suggested by Yushin. Regarding Claim 19, Lim in view of Yushin disclose the electrochemical cell of claim 16 (see e.g. claim 16 rejection above). Lim further discloses that the electrolyte layer is a free-standing membrane (see e.g. "a separator interposed between the positive electrode and the negative electrode, and an electrolyte" in paragraph [0079]). Regarding Claim 20, Lim discloses a positive electrode (see e.g. "a positive electrode for a lithium secondary battery" in paragraph [0009]) comprising: a plurality of positive electroactive solid-state particles (see e.g. "a positive electrode active material including a lithium transition metal oxide having a spinel crystal structure" in paragraph [0011] and "lithium transition metal oxide particles" in paragraph [0052]); a lithium-source material coated on each of the positive electroactive solid-state particles of the plurality of positive electroactive solid-state particles (see e.g. "a coating layer" in paragraph [0011] and "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]),the lithium-source material is Li2CuO2 (see e.g. "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]), the lithium-source material covering 100 % of a total exposed surface area of each of the positive electroactive solid-state particles (see e.g. "the coating layer is uniformly formed on the surface of the lithium transition metal oxide, so that a side reaction between the lithium transition metal oxide and an electrolyte solution may be easily suppressed" in paragraph [0065]); and a polymeric gel electrolyte (see e.g. " a gel-type polymer electrolyte" in paragraph [0091]). Lim does not explicitly disclose that the polymeric gel electrolyte at least partially fills the voids between the positive electroactive solid-state particles in the active layer. Yushin, however, in the same field of endeavor, lithium coated positive electroactive solid-state particles, discloses a polymeric gel electrolyte (see e.g. "organic…polymer gel…electrolyte" in paragraph [0040] of Yushin) at least partially filling voids between the positive electroactive solid-state particles (see e.g. part number 1101 in FIG. 11 of Yushin). Yushin also teaches that when the polymer gel electrolyte is in contact with positive electroactive solid-state particles can result in superior stability and rate performance of the battery electrodes (see e.g. paragraph [0053] of Yushin). Therefore it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the polymer gel electrolyte of Lim et al. such that it at least partially fills the voids between the positive electroactive solid-state particles in the active layer as taught by Yushin et al. in order to have a positive electrode with superior stability and rate performance as suggested by Yushin. Regarding Claim 21, Lim in view of Yushin disclose the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim further discloses that the lithium-source material comprises Li2CuO2 (see e.g. "a positive electrode active material in which a Li2CuO2 coating layer having a thickness of 5 nm was formed on the surface of the lithium transition metal oxide" in paragraph [0104]). Claims 7-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (WO-2021096265-A1), US-20220363561-A1 is being used as an equivalent translation and referenced below, in view of Yushin et al. (US-20200343580-A1) as applied to claims 1 and 11 above, and further in view of Kaseda et al. (US-20160006031-A1). Regarding Claim 7, Lim in view of Yushin discloses the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim in view of Yushin does not disclose that the lithium- source material further comprises: a plurality of lithium-source particles that are dispersed with the positive electroactive solid-state particles in the active layer. Kaseda, however, in the same field of endeavor, lithium coated positive electroactive particles, discloses the lithium-source material further comprises: a plurality of lithium-source particles that are dispersed with the positive electroactive solid-state particles in the active layer (see e.g. "The lithium composite oxide contained in the shell part is not particularly limited as long as it is a lithium-containing composite oxide which is different from the aforementioned positive electrode active substance" in paragraph [0053] and “The positive electrode active substance according to this aspect has a structure of secondary particles formed by aggregation of primary particles.” in paragraph [0029] and part number 1 in FIG. 1A.) In this case, it would be obvious to a person of ordinary skill in the art that the lithium particles in the shell of the coating covering the positive electroactive solid-state particles are also dispersed within the active layer. Kaseda further teaches that when positive electrode active substances of this aspect are used a deformation of a structure which is caused by expansion and shrinkage accompanying a charge and discharge cycle can be inhibited and thus peeling caused by expansion and shrinkage of the battery with high temperature load can be suppressed and thus used for a long period of time (see e.g. paragraph [0034] of Kaseda). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium source material of Lim et al. in view of Yushin et al. such that the lithium source material further comprises a plurality of lithium source particles dispersed with the positive electroactive solid state particles in the active layer as taught by Kaseda et al. in order to suppress peeling caused by expansion and shrinkage of the battery as suggested by Kaseda. Regarding Claim 8, Lim in view of Yushin and further in view of Kaseda discloses the positive electrode of claim 7 (see e.g. claim 7 rejection above). Lim in view of Yushin does not disclose that the lithium-source particles have an average particle size greater than or equal to about 20 nanometers to less than or equal to about 20 micrometers. Kaseda, however, discloses that the average particle diameter is preferably 0.20 µm to 0.6 µm (see e.g. "The average particle diameter of the primary particles (D1) is preferably 0.20 to 0.6 μm, and more preferably 0.25 to 0.5 μm" in paragraph [0030]). While Kaseda is silent as to the lithium source particles having an average particle size greater than or equal to about 20 nanometers to less than or equal to about 20 micrometers, the disclosed particle diameter includes both the core and the shell and thus it would be obvious to a person of ordinary skill in the art that the lithium source material particles (i.e. the particles in the shell layer) would have to fall within the claimed range since the overall particles diameter falls within the claimed range. Kaseda further teaches that when positive electrode active substances of this aspect are used a deformation of a structure which is caused by expansion and shrinkage accompanying a charge and discharge cycle can be inhibited and thus peeling caused by expansion and shrinkage of the battery with high temperature load can be suppressed and thus used for a long period of time in paragraph [0034] of Kaseda). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium source material of Lim et al. in view of Yushin et al. such that the lithium source material particles have an average particle size in the range of 20 nm to 20 µm as taught by Kaseda et al. in order to suppress peeling caused by expansion and shrinkage of the battery as suggested by Kaseda. Regarding Claim 15, Lim in view of Yushin discloses the electrochemical cell of claim 11 (see e.g. claim 11 rejection above). Lim in view of Yushin does not disclose that the lithium-source material further comprises: a plurality of lithium-source particles that are dispersed with the positive electroactive solid-state particles, the lithium-source particles having an average particle size greater than or equal to about 20 nanometers to less than or equal to about 20 micrometers. Kaseda, however, discloses the lithium-source material further comprises: a plurality of lithium-source particles that are dispersed with the positive electroactive solid-state particles in the active layer (see e.g. "The lithium composite oxide contained in the shell part is not particularly limited as long as it is a lithium-containing composite oxide which is different from the aforementioned positive electrode active substance" in paragraph [0053] and “The positive electrode active substance according to this aspect has a structure of secondary particles formed by aggregation of primary particles.” In paragraph [0029] and part number 1 in FIG. 1A. of Kaseda) In this case, it would be obvious to a person of ordinary skill in the art that the lithium particles in the shell of the coating covering the positive electroactive solid-state particles are also dispersed within the active layer. Kaseda further discloses that the average particle diameter is preferably 0.20 µm to 0.6 µm (see e.g. "The average particle diameter of the primary particles (D1) is preferably 0.20 to 0.6 μm, and more preferably 0.25 to 0.5 μm" in paragraph [0030]). While Kaseda is silent as to the lithium source particles having an average particle size greater than or equal to about 20 nanometers to less than or equal to about 20 micrometers, the disclosed particle diameter includes both the core and the shell and thus it would be obvious to a person of ordinary skill in the art that the lithium source material particles (i.e. the particles in the shell layer) would have to fall within the claimed range since the overall particles diameter falls within the claimed range. Kaseda also teaches that when positive electrode active substances of this aspect are used a deformation of a structure which is caused by expansion and shrinkage accompanying a charge and discharge cycle can be inhibited and thus peeling caused by expansion and shrinkage of the battery with high temperature load can be suppressed and thus used for a long period of time in paragraph [0034] of Kaseda). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the lithium source material of Lim et al. in view of Yushin et al. such that it further comprises lithium source particles having an average particle size from 20 nm to 20 µm dispersed with the positive electroactive solid-state particles as taught by Kaseda et al. in order to suppress peeling caused by expansion and shrinkage of the battery as suggested by Kaseda. Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al. (WO-2021096265-A1), US-20220363561-A1 is being used as an equivalent translation and referenced below, in view of Yushin et al. (US-20200343580-A1) as applied to claims 1 and 16 above, and further in view of Yamada et al. (US-20120288772-A1). Regarding Claim 9, Lim in view of Yushin discloses the positive electrode of claim 1 (see e.g. claim 1 rejection above). Lim in view of Yushin does not disclose that the polymeric gel electrolyte comprises: greater than or equal to about 0.1 wt.% to less than or equal to about 50 wt.% of a polymeric host selected from the group consisting of: polyvinylidene fluoride (PVDF), polyvinylidene fluoride-hexafluoropropylene (PVDF-HFP), polyethylene oxide (PEO), polypropylene oxide (PPO), polyacrylonitrile (PAN), polymethacrylonitrile (PMAN), polymethyl methacrylate (PMMA), carboxymethyl cellulose (CMC), poly(vinyl alcohol) (PV A), polyvinylpyrrolidone (PVP), and combinations thereof; and greater than or equal to about 5 wt.% to less than or equal to about 90 wt.% of a liquid electrolyte comprising at least one anion selected from the group consisting of: hexafluoro arsenate, hexafluorophosphate, bis(fluor sulfonyl)imide (PSI), perchlorate, tetrafluoroborate, cyclo-difluoromethane-1, 1 bis(sulfonyl)imide (DMSI), bis(trifluoromethanesulfonylimide (TFSI), bis(pentafluoroethanesulfonyl)imide (BETI), bis(oxalate)borate (BOB), difluoro(oxalate)borate (DFOB), bis(fluoromalonato)borate (BFMB), and combinations thereof. Yamada, however, in the same field of endeavor, polymer gel electrolytes for lithium-ion secondary batteries discloses that the polymeric gel electrolyte comprises: greater than or equal to about 0.1 wt.% to less than or equal to about 50 wt.% (see e.g. "preferably from 0.1 wt.% to 50 wt.%" in paragraph [0118] of Yamada) of a polymeric host selected from polyvinylidene fluoride (PVDF), polyvinylidene fluoride-hexafluoropropylene (PVDF-HFP), polyethylene oxide (PEO), polypropylene oxide (PPO), polyacrylonitrile (PAN), or poly(vinyl alcohol) (PVA) (see e.g. "polyvinylidene fluoride, polyvinylidene fluoride-hexafluoropropylene, polyethylene oxide, polypropylene oxide, polyacrylonitrile, or poly(vinyl alcohol)" in paragraph [0118] of Yamada); and a liquid electrolyte comprising at least one anion selected from hexafluoraphosphate, hexafluoroarsenate, perchlorate, tetrafluoroborate (see e.g. "LiPF6, LiAsF6, LiClO4, and LiBF4" in paragraph [0080] of Yamada). Yamada discloses the same range as the range claimed by the instant application. In the case where the prior art discloses a range that is the same as the claimed range, a prima facie case of obviousness exists. See MPEP 2144.05 (I). Yamada does not disclose a wt.% range for the liquid electrolyte; however, it would be obvious to a person of ordinary skill in the art that if the range of the polymeric host is from 0.1 wt.% to 50 wt.% that the range for the liquid electrolyte (i.e. the lithium salt) would be 99.9 wt.% to 50 wt.%. This range overlaps with the range claimed in the instant application. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05 (1). Furthermore, Yamada also teaches that by utilizing a gel electrolyte a high ion conductivity of 1 mS/cm or more at room temperature can be obtained. Yamada also teaches that liquid leakage of the electrolyte solution can be prevented (see e.g. paragraph [0117] of Yamada). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the polymeric gel electrolyte of Lim et al. in view of Yushin et al. such that it includes greater than or equal to about 0.1 wt.% to less than or equal to about 50 wt.% of a polymeric host selected from polyvinylidene fluoride (PVDF), polyvinylidene fluoride-hexafluoropropylene (PVDF-HFP), polyethylene oxide (PEO), polypropylene oxide (PPO), polyacrylonitrile (PAN), or poly(vinyl alcohol) (PVA) and a liquid electrolyte comprising at least one anion selected from hexafluoraphosphate, hexafluoroarsenate, perchlorate, tetrafluoroborate as taught by Yamada et al. in order to have a battery with high ion conductivity as suggested by Yamada. Regarding Claim 17, Lim in view of Yushin disclose the electrochemical cell of claim 16 (see e.g. claim 16 rejection above). Lim in view of Yushin does not disclose that the first polymeric gel electrolyte, the second polymeric gel electrolyte, and the third polymeric gel electrolyte each comprises: a polymeric host independently selected from the group consisting of: polyvinylidene fluoride (PVDF), polyvinylidene fluoride-hexafluoropropylene (PVDF-HFP), polyethylene oxide (PEO), polypropylene oxide (PPO), polyacrylonitrile (PAN), polymethyl acrylonitrile (PMAN), polymethyl methacrylate (PMMA), carboxymethyl cellulose (CMC), poly(vinyl alcohol) (PVA), polyvinylpyrrolidone (PVP), and combinations thereof; a lithium salt comprising at least one anion independently selected from hexafluoro arsenate, hexafluorophosphate, bis(fluorosulfonylimide (PSI), perchlorate, tetrafluoroborate, cyclo-difluoromethane-1, 1-bis( sulfonyl)imide (DMSD), bis(trifluoromethanesulfonyl)imide (TFSD, bis(pentafluoroethanesulfonylimide (BET), bis(oxalate) borate (BOB), difluoro(oxalato) borate (DFOB), bis(fluoromalonato)borate (BFMB), and combinations thereof; and a solvent independently selected from the group consisting of: ethylene carbonate (EC), propylene carbonate (PC), glycerol carbonate, vinylene carbonate, fluoroethylene carbonate, 1,2-butylene carbonate, y-butyrolactone (GBL), 8-valerolactone, succinonitrile, glutaronitrile, adiponitrile, tetramethylene sulfone, ethyl methyl sulfone, vinyl sulfone, phenyl sulfone, 4 fluorophenyl sulfone, benzyl sulfone, triethylene glycol dimethyl ether (triglyme, G3), tetraethylene glycol dimethyl ether(tetraglyme, G4), 1,3-dimethyoxy propane, 1,4-dioxane, triethyl phosphate, trimethyl phosphate, 1-ethyl-3-methylimidazolium ([Emim]+), 1-propyl-1-methylpiperidinium PP13]+), 1-butyl-1-methylpiperidinium ([PP14 ]+), 1-methyl-1-ethylpyrrolidinium ([Pyrl2]+), 1-propyl-1-methylpyrrolidinium ([Pyrl3]+), 1-butyl-1-methylpyrrolidinium ([Pyr14 ]+), bis(trifluoromethanesulfonyl)imide (TFSI, bis(fluorosulfonylimide) (FS), and combinations thereof. Yamada, however, discloses a polymeric gel electrolyte (see e.g. "an electrolyte solution is held by a polymer compound...the electrolyte layer is what we call a gel electrolyte" comprising a polymeric host of polyvinylidene fluoride (PVDF), polyvinylidene fluoride- hexafluoropropylene (PVDF-HFP), polyethylene oxide (PEO), polypropylene oxide (PPO), polyacrylonitrile (PAN), or poly(vinyl alcohol) (PVA) (see e.g. "polyvinylidene fluoride, polyvinylidene fluoride-hexafluoropropylene, polyethylene oxide, polypropylene oxide, polyacrylonitrile, or poly(vinyl alcohol)" in paragraph [0118] of Yamada); a lithium salt comprising at least one anion independently selected from hexafluorophosphate, hexafluoro arsenate, perchlorate, tetrafluoroborate (see e.g. "LiPF6, LiAsF6, LiClO4, and LiBF4" in paragraph [0080] of Yamada); and a solvent independently selected from ethylene carbonate (EC), propylene carbonate (PC), y-Butyrolactone (GBL), glutaronitrile, adiponitrile, 1,4- Dioxane, and trimethyl phosphate (see e.g. "ethylene carbonate, propylene carbonate, y- Butyrolactone (GBL), glutaronitrile, adiponitrile, 1,4-Dioxane, and trimethyl phosphate” in paragraph [0065] of Yamada). Furthermore, Yamada also teaches that by utilizing a gel electrolyte a high ion conductivity of 1 mS/cm or more at room temperature can be obtained. Yamada also teaches that liquid leakage of the electrolyte solution can be prevented (see e.g., paragraph [0117] of Yamada). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrochemical cell of Lim et al. in view of Yushin et al. such that it includes a polymeric gel electrolyte comprising a polymeric host of polyvinylidene fluoride (PVDF), polyvinylidene fluoride- hexafluoropropylene (PVDF-HFP), polyethylene oxide (PEO), polypropylene oxide (PPO), polyacrylonitrile (PAN), or poly(vinyl alcohol) (PVA); a lithium salt comprising at least one anion independently selected from hexafluorophosphate, hexafluoro arsenate, perchlorate, tetrafluoroborate and a solvent independently selected from ethylene carbonate (EC), propylene carbonate (PC), y-Butyrolactone (GBL), glutaronitrile, adiponitrile, 1,4- Dioxane, and trimethyl phosphate as taught by Yamada et al. in order to have a battery with high ion conductivity as suggested by Yamada. 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 JESSE EFYMOW whose telephone number is (571)270-0795. The examiner can normally be reached Monday - Thursday 10:30 am - 8:30 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, TONG GUO can be reached at (571) 272-3066. 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. /J.J.E./Examiner, Art Unit 1723 /TONG GUO/Supervisory Patent Examiner, Art Unit 1723
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Prosecution Timeline

May 17, 2022
Application Filed
Jan 21, 2025
Non-Final Rejection — §103
Mar 20, 2025
Interview Requested
Apr 01, 2025
Examiner Interview Summary
Apr 01, 2025
Applicant Interview (Telephonic)
Apr 25, 2025
Response Filed
Jun 23, 2025
Final Rejection — §103
Jul 28, 2025
Interview Requested
Aug 19, 2025
Applicant Interview (Telephonic)
Aug 19, 2025
Examiner Interview Summary
Aug 26, 2025
Response after Non-Final Action
Sep 26, 2025
Request for Continued Examination
Sep 29, 2025
Response after Non-Final Action
Oct 01, 2025
Non-Final Rejection — §103
Dec 09, 2025
Interview Requested
Dec 18, 2025
Applicant Interview (Telephonic)
Dec 18, 2025
Examiner Interview Summary
Jan 08, 2026
Response Filed
Mar 19, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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5-6
Expected OA Rounds
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99%
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3y 3m
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