Prosecution Insights
Last updated: April 19, 2026
Application No. 18/005,156

ADDITIVE FOR NON-AQUEOUS ELECTROLYTE, NON-AQUEOUS ELECTROLYTE, AND POWER STORAGE DEVICE

Non-Final OA §102§103
Filed
Jan 11, 2023
Examiner
COCHENOUR, ZACKARY RICHARD
Art Unit
1752
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Sumitomo Seika Chemicals Co., Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
38 granted / 48 resolved
+14.2% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§103
61.5%
+21.5% vs TC avg
§102
16.7%
-23.3% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 48 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1 -4 and 6-9 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kono ( WO 2018164124 A1 , US 20190393552 A1 is used as an English equivalent) . Regarding claim 1, Kono discloses an additive for a nonaqueous electrolyte solution (title), comprising: a first compound represented by formula (1) (claim 1 of Kono discloses a formula 1 identical to the claimed formula 1 except Q can represent an alkenylene group having 4 to 7 atoms instead of 4 to 8 carbon atoms, and the alkenyl, alkynyl or alkynyloxy group that R 1 can optionally be comprises 2 to 4 instead of 2 to 6 carbon atoms. In all cases, where the two formulas differ, the formula (1) of Kono is more restrictive (less broad) that the formula (1) of the instant application, such that any compound represented by the formula (1) of Kono will also be represented by the claimed formula (1) ); and at least one second compound selected from the group consisting of a compound represented by formula (2-1) (claim 5 of Kona discloses an additional nonaqueous solvent, which claim 6 discloses may be a cyclic carbonate or a chained carbonate. [0038] discloses that for the cyclic carbonate, vinylene carbonate (VC), vinyl ethylene carbonate (VEC), or 4-fluoro-1,3-dioxolan-2-one (FEC), may be used, each of which meet the limitations of the claimed formula (2-1), and each of which are disclosed in [0034] of the instant application. Regarding claim 2, Kona discloses the additive for a nonaqueous electrolyte solution according to claim 1, wherein the compound represented by formula (1) is a compound represented by formula (3) (claim 2 of Kona, see also claim 1 rejection above). Regarding claim 3, Kona discloses the additive for a nonaqueous electrolyte solution according to claim 1, wherein R 1 is an alkyl group having 1 to 3 carbon atoms (table 1 of Kona discloses example compounds for formula 1. Cpd. 1 and Cpd. 2 of table 1 have an R 1 which is an alkyl group having 1 carbon atom, meeting the claimed formula. These compounds are used in the embodiments of example 1 and example 2 of Kona, respectively ). Regarding claim 4, Kona discloses a nonaqueous electrolyte solution (claim 5 of Kona) comprising: the additive for a nonaqueous electrolyte solution according to claim 1; a nonaqueous solvent (see claim 5); and an electrolyte (claim 5). Regarding claim 6 , Kona discloses the nonaqueous electrolyte solution according to claim 4, wherein the electrolyte includes a lithium salt (claim 7). Regarding claim 7, Kona discloses an electricity storage device (claim 8) comprising: The nonaqueous electrolyte solution according to claim 4, a positive electrode including a positive electrode active material; and a negative electrode including a negative electrode active material (claim 8, [0069]). Regarding claim 8, Kona discloses the electricity storage device according to claim 7, wherein the positive electrode active material includes a lithium-containing composite oxide represented by Li z Ni ( 1-x-y )Co x M y O 2 (x, y, and z are numerical values satisfying 0 ≤ x ≤ 0.40, 0 ≤ y ≤ 0.40, and 0.90 ≤ z ≤ 1.2, respectively, and M represents at least one element selected from the group consisting of Mn, V, Mg, Mo, Nb, and Al. ([0071] discloses, several materials and/or formulas matching the claimed formula, including, for example, LiNi 0.6 Co 0.2 Mn 0.2 , LiNi 0.5 Co 0.2 Mn 0.3 , LiNi 0.8 Co 0.1 Mn 0.1 , or LiNi 1/3 Co 1-3 Mn 1/3 , all of which would satisfy the claimed formula). Regarding claim 9, Kona discloses the electricity storage device according to claim 7, wherein the positive electrode active material includes a lithium-containing composite oxide represented by Li z Ni ( 1-x-y )Co x M y O 2 (x, y, and z are numerical values satisfying 0 ≤ x ≤ 0.20, 0 ≤ y ≤ 0.30, and 0.90 ≤ z ≤ 1.2, respectively, and M represents at least one element selected from the group consisting of Mn, V, Mg, Mo, Nb, and Al. ([0071] discloses, several materials and/or formulas matching the claimed formula, including, for example, LiNi 0.6 Co 0.2 Mn 0.2 , LiNi 0.5 Co 0.2 Mn 0.3 , or LiNi 0.8 Co 0.1 Mn 0.1 , all of which would satisfy the claimed formula). 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 . Claim (s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kono ( WO 2018164124 A1 , US 20190393552 A1 is used as an English equivalent). Regarding claim 5, Kona discloses the nonaqueous electrolyte solution according to claim 4, wherein a content of the first compound is 0.05% by mass to 5% by mass with respect to a total amount of the nonaqueous electrolyte solution ([0048] discloses that the content of the compound represented by formula (1) (the first compound) may be 0 . 005% to 10% by mass in terms of a total amount based on the total mass of the nonaqueous electrolyte solution, overlapping the claimed range. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to routinely select a mass % from amongst the overlapping portion of ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05(1))), a content of each of the compounds represented by formula (2-1), (2-2), or (2-3) in a case where any one of these compounds is included in the nonaqueous electrolyte solution is 0.05% by mass to 5% by mass ([0049] discloses that the cyclic carbonate compound may be 0.001% to 10% by mass with respect to the total mass of the nonaqueous electrolyte solution , overlapping the claimed range. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to routinely select a mass % from amongst the overlapping portion of ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05(1))), and the nonaqueous solvent is a compound different from the first compound and the second compound (claim 5 discloses that the nonaqueous solvent may be the cyclic carbonate, however other nonaqueous solvents may be used as well, as disclosed by [0059]. One such nonaqueous solvent is a chained carbonate, including for example dimethyl carbonate [0059]-[0060], which does not meet the claimed formula (2-1), (2-2), or (2-3). [0062] and Claim 5 discloses that it is possible for both cyclic and chained carbonates to be included as nonaqueous solvents. When both compounds are included, the cyclic carbonate may be considered the at least one second compound represented by formula (2-1), and the chain carbonate may be considered the nonaqueous solvent which is different from the first compound and the second compound. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ZACKARY R COCHENOUR whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-1480 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 1-9:00PM ET . 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, FILLIN "SPE Name?" \* MERGEFORMAT Nicholas Smith can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-8760 . 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. /ZACKARY RICHARD COCHENOUR/ Examiner, Art Unit 1752 /NICHOLAS A SMITH/ Supervisory Primary Examiner, Art Unit 1752
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Prosecution Timeline

Jan 11, 2023
Application Filed
Dec 09, 2025
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
99%
With Interview (+33.3%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 48 resolved cases by this examiner. Grant probability derived from career allow rate.

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