Prosecution Insights
Last updated: May 29, 2026
Application No. 18/029,209

NONAQUEOUS ELECTROLYTE SECONDARY BATTERY

Non-Final OA §103
Filed
Mar 29, 2023
Priority
Sep 30, 2020 — JP 2020-164937 +1 more
Examiner
CASERTO, JULIA SHARON
Art Unit
1789
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Panasonic Intellectual Property Management Co., Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance 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 6m
Avg Prosecution
19 currently pending
Career history
65
Total Applications
across all art units

Statute-Specific Performance

§103
64.1%
+24.1% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 resolved cases

Office Action

§103
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 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. Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Muralidharan (Muralidharan, N. et al. Lithium Iron Aluminum Nickelate, LiNixFeyAlzO2 New Sustainable Cathodes for Next Generation Cobalt Free Li Ion Batteries. Advanced Materials. 32, 34, 2002960. First published July 15, 2020.) in view of Zhai (Zhai, P. et al. Interface Engineering for Lithium Metal Anodes in Liquid Electrolyte. Advanced Energy Materials. 10, 34. First published July 30, 2020). Regarding claims 1-7, Muralidharan teaches a non-aqueous electrolyte secondary battery (Muralidharan pg. 12, Electrochemical Testing and Evaluations) comprising: a positive electrode (cathode), a negative electrode (lithium foil anode), and a non-aqueous electrolyte (Gen 2 electrolyte), wherein the positive electrode includes a positive electrode active material (NFA 811, Muralidharan Fig. 1), the positive electrode active material includes a composite oxide containing lithium and a transition metal (LiNi0.8 Fe0.1 Al0.1O2, NFA 811, Muralidharan Fig. 1; x = 0.1 and y = 0.1 (claims 3-6)), the composite oxide contains, as the transition metal, Ni and Fe (LiNi0.8 Fe0.1 Al0.1O2, NFA 811, Muralidharan Fig. 1), and has a structure based on a layered rock-salt type crystal structure (well-ordered layered structure, R3m space group, Muralidharan pg. 3 right column), and the composite oxide further contains Al (LiNi0.8 Fe0.1 Al0.1O2, NFA 811, Muralidharan Fig. 1). Muralidharan does not expressly teach that lithium metal deposits on the negative electrode during charge, and the lithium metal dissolves from the negative electrode into the non-aqueous electrolyte during discharge. Zhai teaches that Li metal negative electrodes undergo plating/stripping behavior (Zhai pg. 12 third paragraph). Therefore, lithium metal deposition on the negative electrode during charge and lithium metal dissolution from the negative electrode into the non-aqueous electrolyte during discharge are inherent to the secondary battery of Muralidharan. Additionally, Muralidharan and the instant specification both disclose secondary batteries comprising a positive electrode, a negative electrode, and a non-aqueous electrolyte, wherein the positive electrode active material includes a composite oxide comprising Li, Ni, Fe, Al, O and having a layered rock-salt type crystal structure (NFA 811, Muralidharan Fig. 1; instant specification Table 1 Examples A2-A4). Therefore, lithium metal deposition on the negative electrode during charge and lithium metal dissolution from the negative electrode into the non-aqueous electrolyte during discharge are inherent to secondary battery of Muralidharan. Muralidharan does not teach the non-aqueous electrolyte containing an oxalate salt. Zhai teaches that lithium salts with fluorinated anions, such as lithium difluorooxalate borate (LiDFOB), stabilize Li metal negative electrodes and are widely used Li salts in electrolytes (Zhai pg. 22 right column last line – pg. 23 left column). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add LiDFOB to the electrolyte of Muralidharan in order to improve the stability of the negative electrode. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Belharouak (US 20200235390 A1): appears to disclose a battery comprising a positive electrode, a negative electrode, and an electrolyte, wherein the positive electrode active material comprises Li, Ni, Fe, Al, and O (claims 14-15). Debois (US 2015/0171467 A1): appears to disclose secondary batteries comprising a cathode, an anode, a composite oxide, and a non-aqueous electrolyte including a lithium salt such as LiDFOB (Debois [38-73]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA S CASERTO whose telephone number is (571)272-5114. The examiner can normally be reached 7:30 am - 5 pm 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, Marla McConnell can be reached at 571-270-7692. 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.S.C./Examiner, Art Unit 1789 /MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
Read full office action

Prosecution Timeline

Mar 29, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection mailed — §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

1-2
Expected OA Rounds
70%
Grant Probability
97%
With Interview (+27.5%)
3y 6m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 23 resolved cases by this examiner. Grant probability derived from career allowance rate.

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