Prosecution Insights
Last updated: July 17, 2026
Application No. 18/033,469

Cathode Active Material, and Lithium Ion Battery Comprising Said Cathode Active Material

Non-Final OA §102
Filed
Apr 24, 2023
Priority
Nov 20, 2020 — DE 10 2020 130 687.3 +1 more
Examiner
CARVALHO JR., ARMINDO
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
48%
Grant Probability
Moderate
1-2
OA Rounds
6m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 48% of resolved cases
48%
Career Allowance Rate
89 granted / 184 resolved
-16.6% vs TC avg
Strong +33% interview lift
Without
With
+33.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
47 currently pending
Career history
243
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
89.1%
+49.1% vs TC avg
§102
2.7%
-37.3% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 184 resolved cases

Office Action

§102
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 § 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. Claims 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takami et al. (US 2010/0248038). Regarding Claim 11, Takami et al. teaches positive electrode active materials (i.e. an active cathode material) (Para. [0018]) for a secondary battery (Para. [0017]) wherein lithium ions are inserted and extracted (Para. [0018]) (i.e. for a lithium ion battery) comprising a first positive electrode active material of lithium manganese-containing oxide particles such as LiMn-1-xNixO2 (Para. [0031]) (i.e. a plurality of first particles including a cobalt-free layered lithium oxide) and the second positive electrode active material particles are Fe-containing phosphorus compounds having an olivine structure represented by LidMnxFe1-xPO4 (i.e. a plurality of second particles including a phospho-olivine) (Para. [0034]). Regarding Claim 12, Takami et al. teaches all of the elements of the current invention in claim 11. Takami et al. further teaches the first positive electrode active material lithium manganese-containing oxide particles (Para. [0092]) include Li1.2Mn0.6Ni0.2O2 (Table 1, Example 2) (i.e. Liy(Ni1-xMnx)O2 with x = 0.6 and y = 1.2, meeting 0 ≤ x ≤ 1 and 0.9 ≤ y ≤ 1.3). Regarding Claim 13, Takami et al. teaches all of the elements of the current invention in claim 12. Takami et al. further teaches the first positive electrode active material lithium manganese-containing oxide particles (Para. [0092]) include Li1.2Mn0.6Ni0.2O2 (Table 1, Example 2) (i.e. Liy(Ni1-xMnx)O2 with x = 0.6, meeting x ≥ 0.5). Regarding Claim 14, Takami et al. teaches all of the elements of the current invention in claim 13. Takami et al. further teaches the first positive electrode active material lithium manganese-containing oxide particles (Para. [0092]) include Li1.2Mn0.6Ni0.2O2 (Table 1, Example 2) (i.e. Liy(Ni1-xMnx)O2 with x = 0.6, meeting x ≥ 0.6). Regarding Claim 15, Takami et al. teaches all of the elements of the current invention in claim 11. Takami et al. further teaches the second positive electrode active material is LiMn0.8Fe0.2PO4 (Table 1, Example 10) (i.e. the second particles include LiFe1-yMnyPO4 wherein y = 0.8, meeting 0 ≤ y ≤ 1) Regarding Claim 16, Takami et al. teaches all of the elements of the current invention in claim 15. Takami et al. further teaches the second positive electrode active material is LiMn0.8Fe0.2PO4 (Table 1, Example 10) (i.e. the second particles include LiFe1-yMnyPO4 wherein y = 0.8, meeting 0.5 ≤ y ≤ 0.9) Regarding Claim 17, Takami et al. teaches all of the elements of the current invention in claim 11. Takami further teaches the ratio of the second positive electrode active material is 12.5 % by weight (Table 1, Example 2) (i.e. wherein a concentration of the first particles in a totality of the first and second particles is 87.5 % by weight, within the claimed range of from 10% by weight to 90% by weight). Regarding Claim 18, Takami et al. teaches all of the elements of the current invention in claim 11. Takami further teaches the ratio of the second positive elect ode active material is 12.5 % by weight (Table 1, Example 2) (i.e. wherein a concentration of the first particles in a totality of the first and second particles is 87.5 % by weight, within the claimed range of from 70% by weight to 90% by weight). Regarding Claim 19, Takami et al. teaches all of the elements of the current invention in claim 11. Takami further teaches the ratio of the second positive electrode active material is 80 % by weight (Table 1, Example 10) (i.e. wherein a concentration of the first particles in a totality of the first and second particles is 20% by weight, within the claimed range of from 10% by weight to 50% by weight). Regarding Claim 20, Takami et al. teaches all of the elements of the active cathode material according to claim 11. Takami et al. teaches a secondary battery (Para. [0017]) wherein lithium ions are inserted and extracted (Para. [0018]) (i.e. a lithium ion battery) comprising a positive electrode (Para. [0023]) comprising the positive electrode active material (Para. [0024]) (i.e. comprising at least one cathode with an active cathode material according to claim 11). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m.. 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, Ula Ruddock can be reached at 571 272-1481. 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. /ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729
Read full office action

Prosecution Timeline

Apr 24, 2023
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102
Jun 30, 2026
Examiner Interview Summary
Jun 30, 2026
Applicant Interview (Telephonic)

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
48%
Grant Probability
82%
With Interview (+33.3%)
3y 9m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 184 resolved cases by this examiner. Grant probability derived from career allowance rate.

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