Prosecution Insights
Last updated: April 19, 2026
Application No. 17/795,109

NON-AQUEOUS ELECTROLYTIC SECONDARY BATTERY

Final Rejection §103
Filed
Jul 25, 2022
Examiner
SONG, KEVIN
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Sanyo Electric Co. Ltd.
OA Round
4 (Final)
70%
Grant Probability
Favorable
5-6
OA Rounds
3y 7m
To Grant
97%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
16 granted / 23 resolved
+4.6% vs TC avg
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
56 currently pending
Career history
79
Total Applications
across all art units

Statute-Specific Performance

§103
70.5%
+30.5% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant's arguments filed 12/15/2025 have been fully considered but they are not persuasive. Applicant has amended claim 1 to include “the one-surface coated portion is disposed on an outermost circumference of the electrode assembly.” However, Nakai discloses this element of claim 1: The electrode disclosed by Nakai is symmetrically wound, and as shown in fig. 1, which is a cross-section of the battery, the negative electrode 2 with exposed surface 20a extends at least halfway around the circumference of the electrode body. Figs. 2a-b show the structure of the negative electrode which is unchanging around the circumference of the electrode body. Therefore, the negative electrode with exposed current collector portion 20a corresponds with the claimed one-surface coated portion disposed within a range of 50% or more of a circumference length of the outermost circumference of the electrode assembly. Moreover, the extent of contact between the exposed current collector region 20a with the inner face of the case is further emphasized by Nakai. Nakai discloses that this contact reduces internal resistance with little battery capacity loss (see e.g., Nakai; page 5 paragraph 2), the contact is over a wide area (see e.g., Nakai; page 7 paragraph 2) which leads to excellent large current discharge characteristics and preventing current concentration in the event of a short circuit, having the electrode group with a diameter of 95 to 99% of the inner diameter of the case that also expands when charged and discharged to improve contact area (see e.g., Nakai; page 8 paragraph 2 to page 9 paragraph 1). Therefore, Nakai further supports that the one-surface coated portion is disposed within a range of 50% or more of the circumference length of the outermost circumference of the electrode assembly in order to reduce internal resistance and provide improved battery characteristics as described. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the one-surface coated portion of Nakai disposed within a range of 50% or more of the circumference length of the outermost circumference of the electrode assembly in order to reduce internal resistance and improve battery characteristics (see e.g., Nakai; page 5 paragraph 2). Applicant’s remarks regarding claim 4 state that the examples of Kim and Cha do not show the content of binder disclosed by Kim as less than the content of binder disclosed by Cha. While the examples themselves disclosed by Cha do not correspond with claim 4 as claimed, Kim and Cha may still be applied to Nakai to teach claim 4 because Kim and Cha disclose broader ranges of binder inclusion (see e.g., Kim [0126], [0128] and Cha [0029], [0069]), wherein applying Kim and Cha to Nakai teaches a content of binder in the one-surface coated portion as lower than a content of binder in the both-surface coated portion: Kim discloses that the amount of binder included in the active material layer may be about 1 wt% to about 20 wt% (see e.g., Kim; [0126], [0128]), such as 2.5 wt% in one example (see e.g., Kim; [0159]), particularly such that the anode active material does not separate from the current collector and without suppressing lithium ion movement. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by substituting the negative electrode mixture layer with 1-20 wt%, or 2.5 wt%, of binder as the one-surface coated portion disclosed by Kim. One of ordinary skill in the art would have been motivated to make this modification in order to have a silicon anode active material for a lithium secondary battery that is capable of reducing pulverization of silicon particles and improving battery performance by suppressing the volume change of the silicon particles which occurs during charging/discharging of the lithium secondary battery (see e.g., Kim; [0068]) and so the anode active material does not separate from the current collector and without suppressing lithium ion movement (see e.g., Kim; [0128]), as suggested by Kim. Cha discloses that the binder may be included in an amount of about 1 wt% to 30 wt% based on a total amount of negative active material (see e.g., Cha; [0029], [0069]) such that a strong secondary particle shape may be obtained. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by substituting the negative electrode mixture layer with 1-30 wt% of binder as the both-surface coated portion disclosed by Cha. One of ordinary skill in the art would have been motivated to make this modification in order to prevent conductivity reduction inside the secondary particle caused by the binder, maintain conductivity appropriate for charge discharge (see e.g., Cha; [0047]), and obtain a strong secondary particle shape (see e.g., Cha; [0067]), as suggested by Cha. Particularly, because Cha discloses a higher range than Kim, it would have been obvious to have selected a binder wt% for the both-surface coated portion to be higher than the binder wt% of the one-surface coated portion. That is, an amount of binder of 20-30 wt% as disclosed by Cha may be included in the both-surface coated portion to provide a strong secondary particle shape as disclosed by Cha, and, for example, 2.5 wt% of binder may be included in the one-surface coated portion so lithium-ion movement is not suppressed in the layer as disclosed by Kim. Thus, the content of the binder in the one-surface coated portion may be lower than a content of binder in the both-surface coated portion. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakai (WO-2012042830-A1) (see translation) and in further view of Kim (US20160156031A1) and Cha (US20140050975A1). Regarding claim 1, Nakai discloses a non-aqueous electrolyte secondary battery (see e.g., page 4 paragraph 2), comprising: a wound electrode assembly in which a band-shaped positive electrode 1 and a band-shaped negative electrode 2 are wound with a separator 3 interposed therebetween (see e.g., page 4 paragraph 3, fig. 1, page 6 paragraph 2); and an outer housing can 7 that houses the electrode assembly (see e.g., page 4 paragraph 3, fig. 1, page 6 paragraph 2), wherein the positive electrode has a positive electrode mixture layer formed on a surface of a sheet-shaped positive electrode current collector (see e.g., page 6 paragraph 2, page 10 paragraph 3), the negative electrode has a negative electrode mixture layer formed on a surface of a sheet-shaped negative electrode current collector (see e.g., page 6 paragraph 2, page 11 paragraph 4), the negative electrode mixture layer includes a chargeable and dischargeable negative electrode active material and a binder (see e.g., page 11 paragraph 4 and page 12 paragraph 1), the negative electrode includes a both-surface coated portion in which the negative electrode mixture layer is formed on both surfaces of the negative electrode current collector (see e.g., page 4 paragraph 3, page 7 paragraph 1, fig. 2a-b) and a one-surface coated portion in which the negative electrode mixture layer is formed on one surface of the negative electrode current collector (see e.g., page 7 paragraph 1, fig. 2a-b), at least a part of the one-surface coated portion is disposed on an outermost circumference of the electrode assembly (see e.g., fig. 1, page 7 paragraph 2, regarding exposed surface 20a of negative electrode current collector 20 in the single-sided portion located at the outermost periphery is in contact with the inner surface of the battery case 7), at least a part of an exposed surface of the negative electrode current collector in the one- surface coated portion is directly contacted with an inner face of the outer housing can (see e.g., fig. 1, page 7 paragraph 2, regarding exposed surface 20a of negative electrode current collector 20 in the single-sided portion located at the outermost periphery is in contact with the inner surface of the battery case 7). The electrode disclosed by Nakai is symmetrically wound, and as shown in fig. 1, which is a cross-section of the battery, the negative electrode 2 with exposed surface 20a extends at least halfway around the circumference of the electrode body. Figs. 2a-b show the structure of the negative electrode which is unchanging around the circumference of the electrode body. Therefore, the negative electrode with exposed current collector portion 20a corresponds with the claimed one-surface coated portion disposed within a range of 50% or more of a circumference length of the outermost circumference of the electrode assembly. Moreover, the extent of contact between the exposed current collector region 20a with the inner face of the case is further emphasized by Nakai. Nakai discloses that this contact reduces internal resistance with little battery capacity loss (see e.g., Nakai; page 5 paragraph 2), the contact is over a wide area (see e.g., Nakai; page 7 paragraph 2) which leads to excellent large current discharge characteristics and preventing current concentration in the event of a short circuit, having the electrode group with a diameter of 95 to 99% of the inner diameter of the case that also expands when charged and discharged to improve contact area (see e.g., Nakai; page 8 paragraph 2 to page 9 paragraph 1). Therefore, Nakai further supports that the one-surface coated portion is disposed within a range of 50% or more of the circumference length of the outermost circumference of the electrode assembly in order to reduce internal resistance and provide improved battery characteristics as described. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the one-surface coated portion of Nakai disposed within a range of 50% or more of the circumference length of the outermost circumference of the electrode assembly in order to reduce internal resistance and improve battery characteristics (see e.g., Nakai; page 5 paragraph 2). Nakai does not specifically teach a charge expansion coefficient of the negative electrode mixture layer in the one-surface coated portion is larger than a charge expansion coefficient of the negative electrode mixture layer in the both-surface coated portion. However, Cha teaches a charge expansion coefficient of the negative electrode mixture layer from examples which include the values of 46.3%, 44.4%, 51.9%, and 50% (see e.g., table 3). Cha is equivalent analogous art to Nakai because Cha similarly teaches a wound electrode secondary lithium battery that may be contained in a cylindrical battery case (see e.g., fig. 1). Additionally, Kim teaches a charge expansion coefficient of the negative electrode mixture layer from examples which include the values of 74.9% and 106% (see e.g., table 2, figs. 8-9). Kim is equivalent analogous art to Nakai because Kim similarly teaches a wound electrode secondary lithium battery that may be contained in a cylindrical battery case (see e.g., [0138]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the secondary battery disclosed by Nakai by providing Kim’s negative electrode mixture layer with higher charge expansion coefficients in the one-surface coated portion and providing Cha’s negative electrode mixture with lower charge expansion coefficients in the both-surface coated portion, such that a charge expansion coefficient of the negative electrode mixture layer in the one-surface coated portion is larger than a charge expansion coefficient of the negative electrode mixture layer in the both-surface coated portion. One of ordinary skill in the art would have been motivated to make this modification in the one-surface coated portion in order to lower the risk of losing electrical contact and raising resistance due to undergoing continuing expansion and contraction during the charging/discharging process (see e.g., [0067]) as disclosed by Kim. One of ordinary skill in the art would have been motivated to make this modification in the both-surface coated portion in order to improve charge and discharge efficiency and capacity retention (see e.g., [0009], [0045], table 2) as disclosed by Cha. Regarding claim 2, modified Nakai teaches the elements of claim 1 as described above. Nakai does not explicitly disclose the negative electrode mixture layer includes a silicon material as the negative electrode active material, or a difference in the one-surface and both-surface mixture layers such that a proportion of the silicon material to the negative electrode active material in the one-surface coated portion is larger than a proportion of the silicon material to the negative electrode active material in the both-surface coated portion. However, Kim and Cha can be substituted into Nakai such that a proportion of the silicon material to the negative electrode active material in the one-surface coated portion is larger than a proportion of the silicon material to the negative electrode active material in the both-surface coated portion. Kim teaches a negative electrode active material manufactured using only silicon particles (see e.g., [0146], [0159]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by substituting the negative electrode active material manufacturing process creating primarily silicon particles as the one-surface coated portion disclosed by Kim. One of ordinary skill in the art would have been motivated to make this modification in order to have a silicon anode active material for a lithium secondary battery that is capable of reducing pulverization of silicon particles and improving battery performance by suppressing the volume change of the silicon particles which occurs during charging/discharging of the lithium secondary battery (see e.g., [0068]), as suggested by Kim. Cha teaches a negative electrode active material consisting of SiTINi with 70% silicon (see e.g., [0116]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by using the negative electrode active material manufacturing process creating SiTINi particles as the both-surface coated portion disclosed by Cha. One of ordinary skill in the art would have been motivated to make this modification in order to have strong charge and discharge efficiency and high capacity characteristics including capacity retention ([0009], [0045], table 2), as suggested by Cha. Regarding claim 3, modified Nakai teaches the elements of claim 1 as described above. Nakai does not explicitly disclose the negative electrode mixture layer that includes a silicon material as the negative electrode active material, or a difference in the one-surface and both-surface mixture layers such that an average particle diameter of the silicon material in the one-surface coated portion is larger than an average particle diameter of the silicon material in the both-surface coated portion. However, Kim and Cha can be substituted into Nakai such that an average particle diameter of the silicon material in the one-surface coated portion is larger than an average particle diameter of the silicon material in the both-surface coated portion. Kim teaches a negative electrode mixture layer with silicon as the active material with an average particle diameter of 10 µm (see e.g., [0146]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by substituting silicon as the active material with an average particle diameter of 10 µm and using it in the coating for the one-surface coated portion disclosed by Kim. One of ordinary skill in the art would have been motivated to make this modification in order to have a silicon anode active material for a lithium secondary battery that is capable of reducing pulverization of silicon particles and improving battery performance by suppressing the volume change of the silicon particles which occurs during charging/discharging of the lithium secondary battery (see e.g., [0068]), as suggested by Kim. Cha teaches a negative electrode mixture layer including silicon as the active material with an average particle diameter of 0.7 µm (see e.g., [0116], [0114], [0043]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by providing an active material including silicon with an average particle diameter of 0.7 µm and using it in the coating for the both-surface coated portion as disclosed by Cha. One of ordinary skill in the art would have been motivated to make this modification in order to have strong charge and discharge efficiency and high capacity characteristics including capacity retention (see e.g., [0009], [0045], table 2), as suggested by Cha. Regarding claim 4, modified Nakai teaches the elements of claim 1 as described above. Nakai does not teach a difference in the one-surface and both-surface mixture layers such that the content of the binder in the one-surface coated portion is lower than the content of the binder in the both-surface coated portion. However, Kim and Cha can be substituted into Nakai such that the content of the binder in the one-surface coated portion is lower than the content of the binder in the both-surface coated portion. Kim discloses that the amount of binder included in the active material layer may be about 1 wt% to about 20 wt% (see e.g., Kim; [0126], [0128]), such as 2.5 wt% (see e.g., Kim; [0159]), particularly such that the anode active material does not separate from the current collector and without suppressing lithium ion movement. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by substituting the negative electrode mixture layer with 1-20 wt% of binder as the one-surface coated portion disclosed by Kim. One of ordinary skill in the art would have been motivated to make this modification in order to have a silicon anode active material for a lithium secondary battery that is capable of reducing pulverization of silicon particles and improving battery performance by suppressing the volume change of the silicon particles which occurs during charging/discharging of the lithium secondary battery (see e.g., [0068]) and so the anode active material does not separate from the current collector and without suppressing lithium ion movement (see e.g., Kim; [0128]), as suggested by Kim. Cha discloses that the binder may be included in an amount of about 1 wt% to 30 wt% based on a total amount of negative active material (see e.g., Cha; [0029], [0069]) such that a strong secondary particle shape may be obtained. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nonaqueous electrolyte secondary battery disclosed by Nakai by substituting the negative electrode mixture layer with 1-30 wt% of binder as the both-surface coated portion disclosed by Cha. One of ordinary skill in the art would have been motivated to make this modification in order to prevent conductivity reduction inside the secondary particle caused by the binder, maintain conductivity appropriate for charge discharge (see e.g., Cha; [0047]), and obtain a strong secondary particle shape (see e.g., Cha; [0067]), as suggested by Cha. Particularly, because Cha discloses a higher range than Kim, it would have been obvious to have selected a binder wt% for the both-surface coated portion to be higher than the binder wt% of the one-surface coated portion. That is, an amount of binder of 20-30 wt% as disclosed by Cha may be included in the both-surface coated portion to provide a strong secondary particle shape as disclosed by Cha, and, for example, 2.5 wt% of binder may be included in the one-surface coated portion so lithium-ion movement is not suppressed in the layer as disclosed by Kim. Thus, the content of the binder in the one-surface coated portion may be lower than a content of binder in the both-surface coated portion. Conclusion THIS ACTION IS MADE FINAL. 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 KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached on (571) 270-7871. 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. /KEVIN SONG/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

Jul 25, 2022
Application Filed
Nov 27, 2024
Non-Final Rejection — §103
Mar 04, 2025
Response Filed
Mar 20, 2025
Final Rejection — §103
Jun 23, 2025
Applicant Interview (Telephonic)
Jun 23, 2025
Examiner Interview Summary
Jun 25, 2025
Response after Non-Final Action
Jul 24, 2025
Request for Continued Examination
Jul 26, 2025
Response after Non-Final Action
Sep 06, 2025
Non-Final Rejection — §103
Dec 15, 2025
Response Filed
Jan 23, 2026
Final Rejection — §103 (current)

Precedent Cases

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

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Prosecution Projections

5-6
Expected OA Rounds
70%
Grant Probability
97%
With Interview (+27.5%)
3y 7m
Median Time to Grant
High
PTA Risk
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