Prosecution Insights
Last updated: April 18, 2026
Application No. 17/927,641

LITHIUM SECONDARY BATTERY

Final Rejection §103
Filed
Nov 23, 2022
Examiner
HANSEN, JARED A
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution, Ltd.
OA Round
3 (Final)
54%
Grant Probability
Moderate
4-5
OA Rounds
3y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
55 granted / 101 resolved
-10.5% vs TC avg
Strong +45% interview lift
Without
With
+45.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
47 currently pending
Career history
148
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 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 . 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, 6-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian CN105304877A (using machine English translation provided) in view of Mikhaylik US20050147891A1 and further in view of Chen, Shuru, et al. "A fluorinated ether electrolyte enabled high performance prelithiated graphite/sulfur batteries." ACS applied materials & interfaces 9.8 (2017): 6959-6966 (hereafter referred to as Chen-2017). Regarding claim 1, Qian discloses a lithium-sulfur battery (Qian, [0028], “material prepared in this invention, when applied to lithium-sulfur batteries, can achieve a lithium storage capacity…”), comprising: a positive electrode (Qian, [0028]), a negative electrode (Qian, [0060]), a separator interposed therebetween (Qian, [0105]) and an electrolyte solution (Qian, [0028]), wherein the positive electrode comprises a sulfur-carbon composite as a positive electrode active material (Qian, [0012], [0014], “S1-x Mx /C (II)”) and an additive for the positive electrode (Qian, [0014], [0016], “S1-x Mx /C (II)…M can be one or more of…Te”), wherein the additive for the positive electrode comprises tellurium (Qian, [0014], [0016], “S1-x Mx /C (II)…M can be one or more of…Te”), wherein the positive electrode comprises a positive electrode active material layer (Qian, [0012], “a sulfur-based cathode material, with the chemical formula shown in formula (I) or formula (II)”), and wherein the positive electrode active material layer comprises the positive electrode active material and tellurium (Qian, [0014], [0016], “S1-x Mx /C (II)…M can be one or more of…Te”) and wherein tellurium is contained in an amount of 1 to 10% by weight based on a total of 100% by weight of the positive electrode active material layer (Qian, [0014-0016], “S1-x Mx /C (II)…0 < x < 1…M can be one or more of…Te”), the examiner notes that when x = 0.01, falling in the range as disclosed by Qian (Qian, [0024]), tellurium is contained in an amount of about 4%, falling within the claimed range and satisfying the claim limitation, wherein the electrolyte solution comprises a lithium salt and an organic solvent (Qian, [0105]). Qian however does not disclose wherein the positive electrode comprises a positive electrode current collector and a positive electrode active material layer disposed on at least one surface of the positive electrode current collector and an additive for the electrolyte solution, and wherein the additive for the electrolyte solution comprises bis (2,2,2-trifluoroethyl) ether. In a lithium-sulfur battery Mikhaylik teaches wherein the electrolyte solution comprises a lithium salt (Mikhaylik, [0050]), and an organic solvent, such as blends of acyclic ethers and cyclic ethers (Mikhaylik, [0044]), an additive for the electrolyte solution (Mikhaylik, [0053], “N—O compounds for use as additives in the electrolyte…such as inorganic nitrates”) and wherein the positive electrode comprises a positive electrode current collector and a positive electrode active material layer disposed on at least one surface of the positive electrode current collector (Mikhaylik, [0032]). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the cathode of Qian with the teaching of Mikhaylik wherein the positive electrode comprises a positive electrode current collector and a positive electrode active material layer disposed on at least one surface of the positive electrode current collector thereby forming a composite cathode (Mikhaylik, [0032]). In a lithium-sulfur battery Chen-2017 teaches wherein the additive for the electrolyte solution (Chen-2017, section 2, “The high CE is ascribed to the LiNO3 additive, which is known to suppress the polysulfide shuttling”) comprises bis (2,2,2-trifluoroethyl) ether (Chen-2017, section 2, “the cell in the DOL/BTFE electrolyte shows much more stable discharge−charge profiles during cycling”). Therefore it would be obvious to one or ordinary skill in the art before the effective filing date of the claimed invention to modify the electrolyte additive of modified Qian with the teaching of Chen-2017 wherein the additive for the electrolyte solution comprises bis (2,2,2-trifluoroethyl) ether thereby showing much more stable discharge−charge profiles during cycling (Chen-2017, section 2, “the cell in the DOL/BTFE electrolyte shows much more stable discharge−charge profiles during cycling”). Regarding claim 6, modified Qian further teaches wherein the organic solvent comprises a cyclic ether and an acyclic ether (Mikhaylik, [0044]). Regarding claim 7, modified Qian additionally teaches wherein the cyclic ether comprises at least one selected from the group consisting of tetrahydrofuran, tetrahydropyran, 2-methyltetrahydrofuran (Mikhaylik, [0046]). Regarding claim 8, modified Qian also teaches wherein the acyclic ether comprises at least one selected from the group consisting of diethyl ether, dipropyl ether, dimethoxyethane, diethoxyethane (Mikhaylik, [0045]). Regarding claim 10, modified Qian further teaches wherein the lithium salt comprises at least one selected from the group consisting of LiPF6 (Qian, [0105]). Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian CN105304877A (using machine English translation provided) in view of Mikhaylik US20050147891A1 and Chen-2017 (see above for full reference), as applied to claim 1 above, and further in view of Zhang US20180251681A1. Regarding claim 5, modified Qian teaches all of the claim as set forth above and further teaches wherein bis (2,2,2-trifluoroethyl)ether is contained in an amount of 50% by volume based on a total of 100% by volume of the electrolyte solution (Chen-2017, section 2, DOL/BTFE 1:1 v/v), but does not teach wherein bis (2,2,2-trifluoroethyl)ether is contained in an amount of 1 to 20% by volume based on a total of 100% by volume of the electrolyte solution. In a lithium battery Zhang teaches a lithium-sulfur battery (Zhang, [0171]) and wherein the electrolyte solution comprises a lithium salt, an organic solvent (Zhang, [0005]) and an additive for the electrolyte solution (Zhang, [0007]), wherein the additive for the electrolyte solution comprises bis (2,2,2-trifluoroethyl)ether (Zhang, [0009]). Zhang further teaches wherein bis (2,2,2-trifluoroethyl)ether is contained in an amount of 20% by volume based on a total of 100% by volume of the electrolyte solution (Zhang, [0162]), lying withing the claimed range and satisfying the claim limitation, in an amount of 1 to 20% by volume based on a total of 100% by volume of the electrolyte solution, see MPEP § 2144.05. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the electrolyte additive of modified Qian with the teaching of Zhang wherein bis (2,2,2-trifluoroethyl)ether is contained in an amount of 1 to 20% by volume based on a total of 100% by volume of the electrolyte solution thereby producing a low flammability and nonflammable localized superconcentrated electrolyte (Zhang, [0010]). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian CN105304877A (using machine English translation provided) in view of Mikhaylik US20050147891A1 and Chen-2017 (see above for full reference), as applied to claim 1 above, and further in view of Gorkovenko US20050175904A1. Regarding claim 9, modified Qian teaches all of the claim limitations as set forth above including wherein the organic solvent comprises dimethoxyethane (Mikhaylik, [0045]) but does not teach wherein the organic solvent comprises 2-methylfuran and dimethoxyethane. In a lithium battery Gorkovenko teaches the cathode comprising an electroactive sulfur-containing material (Gorkovenko, [0010]), such as those known in the art, for example, a carbon-sulfur composition (Gorkovenko, [0003]). Gorkovenko further teaches wherein the organic solvent comprises 2-methylfuran and dimethoxyethane (Gorkovenko, [0034-0035]), therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to modify the organic solvent of modified Qian with the teaching of Gorkovenko wherein the organic solvent comprises 2-methylfuran and dimethoxyethane thereby reducing undesirable reactions, such as corrosion reactions, thereby increasing the cycle life (Gorkovenko, [0038]). Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rao US4190706A (discloses a cathode comprising sulfur-carbon compound and tellurium), Muldoon US20110262804A1 (discloses a cathode comprising sulfur-carbon compound and tellurium). 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 JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F. 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, Tiffany Legette can be reached at 571-270-7078. 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. /JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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Prosecution Timeline

Nov 23, 2022
Application Filed
Jun 12, 2025
Non-Final Rejection — §103
Aug 28, 2025
Response Filed
Sep 16, 2025
Non-Final Rejection — §103
Dec 22, 2025
Response Filed
Jan 06, 2026
Final Rejection — §103 (current)

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Prosecution Projections

4-5
Expected OA Rounds
54%
Grant Probability
99%
With Interview (+45.1%)
3y 11m
Median Time to Grant
High
PTA Risk
Based on 101 resolved cases by this examiner. Grant probability derived from career allow rate.

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