Prosecution Insights
Last updated: April 19, 2026
Application No. 18/070,192

SECONDARY BATTERY

Non-Final OA §102§103
Filed
Nov 28, 2022
Examiner
MERKLING, MATTHEW J
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
AweXome Ray, Inc.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
81%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
851 granted / 1253 resolved
+2.9% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
53 currently pending
Career history
1306
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
49.1%
+9.1% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
18.2%
-21.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1253 resolved cases

Office Action

§102 §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 . 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. Specification The specification and drawings have been reviewed and no clear informalities or objections have been noted. Claim Rejections - 35 USC § 102 (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1, 3, 6, 7, 9 and 12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Harutyunyan (US 2023/0402614). Regarding claims 1 and 9, Harutyunyan discloses a secondary battery, comprising: a cathode material (110, 105); and an anode material (anode 120 and anode current collector 125), wherein the anode material includes an anode structure (such as the current collector 125) that includes a sheet in which a plurality of yarns formed of carbon nanotube (CNT) fibers are woven and wherein the plurality of yarns is woven in any one of plain weaving, twill weaving or satin weaving in a single layer of the sheet (see Fig. 2A and paragraph 31 which is a textile/sheet that can be used as a current collector 125 and is a single layer of plain woven carbon nanotubes 202, 204, 206 and 208, as depicted). Regarding claim 3, Harutyunyan further discloses each of the plurality of yarns is a braided yarn (see paragraph 80 which discloses how the yarn is formed by twisting/braiding carbon nanotubes). Regarding claims 6 and 7, Harutyunyan further discloses each of the plurality of yarns is a twisted yarn which are made up of CNT threads being twisted (see paragraph 80 which discloses how the yarn is formed by twisting/braiding carbon nanotubes). Regarding claim 12, Harutyunyan further discloses the electrolyte is a solid electrolyte (paragraph 67) which indicates a lack of separator (solid state electrolytes eliminates the need for a separator, unlike a liquid electrolyte). Claim Rejections - 35 USC § 103 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. Claim(s) 4, 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harutyunyan (US 2023/0402614) in view of Zhang (US 2008/0170982). Regarding claim 4, Harutyunyan discloses a braided/twisted yarn of nanotube, but does not teach that the braided yarn is formed by a plurality of primary twisted yarns being braided to each other, and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted. Zhang also discloses carbon nanotube yarns to be used in batteries (see paragraph 403). Zhang further discloses the braided yarn is formed by a plurality of primary twisted yarns (such as depicted in Fig. 3A which illustrates a single yarn with multiple nanotubes that are twisted to form it) being braided to each other (twisted, as depicted in Fig. 3C), and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted (as depicted in Fig. 3A). Zhang teaches such a configuration to produce an increased conductivity (see paragraph 403 which states that the prior art fibers have much lower electrical conductivity than the highly twisted nanotube yarns). As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the braided yarns of Zhang to the current collector of Harutyunyan in order to utilize the beneficial conductivity of the twisted, braided nanotube yarns. Regarding claims 5, Harutyunyan, as modified by Zhang above, does not disclose: wherein the braided yarn is formed by secondary twisted yarns being braided to each other, wherein each of the secondary twisted yarns is formed by a plurality of primary twisted yarns being twisted to each other, and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted. Zhang discloses the braided yarn (Fig. 3C of Zhang) is formed by secondary twisted yarns being braided to each other (such as in Fig. 3C where a 3 secondary yarns are braided to makeup Fig. 3C), wherein each of the secondary twisted yarns is formed by a plurality of primary twisted yarns being twisted to each other (such as the primary twisted yarns of Fig. 3B), and wherein each of the plurality of primary twisted yarns is formed by a plurality of CNT threads being twisted (as depicted in Fig. 3A). Zhang teaches such a configuration to produce an increased conductivity (see paragraph 403 which states that the prior art fibers have much lower electrical conductivity than the highly twisted nanotube yarns). As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the braided yarns of Zhang to the current collector of Harutyunyan in order to utilize the beneficial conductivity of the twisted, braided nanotube yarns. Regarding claim 8, Harutyunyan, as modified by Zhang above, does not disclose: wherein the twisted yarn is a secondary twisted yarn, which is formed by primary twisted yarns being twisted to each other, and wherein each of the primary twisted yarns is formed by a plurality of CNT threads being twisted. Zhang further discloses each of the plurality of yarns is a twisted yarn (see Fig. 3 which teaches the embodiments of these claims where the nanotubes are twisted into yarn (Fig. 3A primary twisted yard) and where the yarn is then twisted together (Fig. 3B, for example, secondary twisted yarn). Zhang teaches such a configuration to produce an increased conductivity (see paragraph 403 which states that the prior art fibers have much lower electrical conductivity than the highly twisted nanotube yarns). As such, it would have been obvious to one of ordinary skill in the art at the time of the invention to add the braided yarns of Zhang to the current collector of Harutyunyan in order to utilize the beneficial conductivity of the twisted, braided nanotube yarns. Relevant Prior Art US 2020/0087148 – Discloses carbon nanotube composites that can be used as anodes, but is silent regarding the yarn and the weaving. Sun, Weavable high-capacity electrodes, Nano Energy (2013) 2, 987-994 – Discloses weaving carbon nanofiber yarn into a high-capacity electrode sheet. Response to Arguments Applicant’s arguments filed 12/22/2025 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. Allowable Subject Matter Claims 2, 10, 11 and 13-18 allowed. The following is an examiner’s statement of reasons for allowance: The closest prior art, Zhang, teaches the use of carbon nanofiber yarn in a battery and teaches an electrolyte infiltrated into the yarn. However, Zhang is silent regarding the plurality of yarns being woven in the claimed styles and in a single layer. Furthermore, the prior art neither teaches nor suggests a motivation to modify Zhang to arrive at the claimed secondary battery. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm. 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, Basia Ridley can be reached at 571-272-1453. 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. /MATTHEW J MERKLING/Primary Examiner, Art Unit 1725
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Prosecution Timeline

Nov 28, 2022
Application Filed
Jun 10, 2025
Non-Final Rejection — §102, §103
Sep 10, 2025
Response Filed
Oct 15, 2025
Final Rejection — §102, §103
Dec 22, 2025
Request for Continued Examination
Dec 27, 2025
Response after Non-Final Action
Feb 04, 2026
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

3-4
Expected OA Rounds
68%
Grant Probability
81%
With Interview (+13.3%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 1253 resolved cases by this examiner. Grant probability derived from career allow rate.

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