Prosecution Insights
Last updated: April 19, 2026
Application No. 18/096,709

POSITIVE ELECTRODE FOR NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY, AND NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY, BATTERY MODULE AND BATTERY SYSTEM USING THE SAME

Non-Final OA §102
Filed
Jan 13, 2023
Examiner
HAN, KWANG S
Art Unit
6221
Tech Center
6200
Assignee
Sekisui Chemical Co. Ltd.
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
3y 7m
To Grant
86%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
240 granted / 442 resolved
-5.7% vs TC avg
Strong +32% interview lift
Without
With
+31.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
3 currently pending
Career history
445
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
23.6%
-16.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 442 resolved cases

Office Action

§102
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. Specification The disclosure is objected to because of the following informalities: The title of the invention is not sufficiently descriptive towards the inventive concept . A new title is required that is clearly indicative of the invention t o which the claims are directed. Appropriate correction is required. Claim Interpretation Regarding limitations recited in Claim 22 which are directed to a manner of operating the disclosed device (e.g. “ has a potential of 7.5 V or higher as measured by a test method comprising allowing four non-aqueous electrolyte secondary batteries which are connected in series and in a fully charged state to discharge at 1 C rate for 30 seconds ”, “ each of the non-aqueous electrolyte secondary batteries is manufactured using the positive electrode so as to have a rated capacity of 1 Ah ”, etc. ), it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault , 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.” For purposes of comparison to the prior art, the prior arts recognition of use within a complete electrochemical cell sufficiently meets the limitations of the claim. Claim Rejections - 35 USC § 102/ 103 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. (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. 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. 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 set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 15- 19 and 21-24 are rejected under 35 U.S.C. 102 (a)(1) and (a)(2) as being anticipated by or alternatively under 35 U.S.C. 103 as being unpatentable over Nishino et al. (US 2014/0082931A1) . Regarding claim 15 -18 and 22 , Nishino discloses a positive electrode for a non-aqueous electrolyte secondary battery [0083] , comprising a positive electrode current collector and a positive electrode active material layer provided on the positive electrode current collector [0014 , 0033] wherein a thickness of the positive electrode active material layer is 10 µ m or more [0047] , the positive electrode active material layer comprises a positive electrode active material [0033] wherein the positive electrode active material is lithium iron phosphate represented by LiFePO 4 [00 44 ] but does not explicitly teach a reflectance of a surface of the positive electrode active material layer is 5.5 % or higher , 8% or higher, or 9% or higher in a wavelength range of 200 nm to 850 nm, and is not higher than a reflectance in the wavelength range of 200 nm to 850 nm peculiar to the positive electrode active material contained in the positive electrode active material layer. However, while the prior art does not explicitly teach a reflectance of the positive electrode active material layer, these properties are considered inherent in the prior art barring any differences shown by objective evidence between (the object) cathode active material layer disclosed in the prior art and the applicant. As (the object) cathode active material layer taught by the prior art and the applicant are identical within the scope of claim s 15 -18 and produced by a pressing method [0069] , Nishino inherently teaches a surface reflectance of the positive electrode active material to be 9% or higher . Alternatively, Nishino discloses the same positive electrode active material [0044] and similar process of the active material layer being pressed [0069]. It would have been obvious to one of ordinary skill in the art when the invention was effectively filed that the surface of the positive active material of Nishino has a reflectance of 9% or higher in a wavelength range of 200 nm to 850 nm, and is not higher than a reflectance in the wavelength range of 200 nm to 850 nm peculiar to the positive electrode active material contained in the positive electrode active material layer because Nishino recognizes the same cathode active material formed with similar processes. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best , 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) MPEP 2112.01 . Regarding claim 19, Nishino discloses t he positive electrode according to Claim 15, wherein the positive electrode active material layer does not comprise a conducting agent (conducting agent optional) [0044] . Regarding claim 21, Nishino discloses t he positive electrode according to Claim 15, wherein the positive electrode current collector comprises a positive electrode current collector main body and a current collector coating layer provided on a surface of the positive electrode current collector main body on a side of the positive electrode active material layer [0061, 0062] . Regarding claim 22, Nishino discloses t he positive electrode according to Claim 15, which has a potential of 7.5 V or higher as measured by a test method comprising allowing four non-aqueous electrolyte secondary batteries which are connected in series and in a fully charged state to discharge at 1 C rate for 30 seconds, and measuring a potential, wherein each of the non-aqueous electrolyte secondary batteries is manufactured using the positive electrode so as to have a rated capacity of 1 Ah. Regarding claim 23, Nishino discloses a non-aqueous electrolyte secondary battery comprising the positive electrode according to Claim 15, a negative electrode, and a non-aqueous electrolyte provided between the positive electrode and the negative electrode [0059] . Regarding claim 24, Nishino discloses a battery module or a battery system comprising a plurality of the non-aqueous electrolyte secondary batteries according to Claim 23 [0083] . Contact/Correspondence Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Kwang S Han whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1552 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 8am - 5pm . 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 Barbara Gilliam can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1330 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT Kwang Han Examiner Art Unit 1727 /Kwang Han/ Primary Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Jan 13, 2023
Application Filed
Jan 13, 2023
Response after Non-Final Action
Jun 23, 2023
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 11846678
METHOD AND SYSTEM FOR VALIDATING A TEMPERATURE SENSOR IN A BATTERY CELL
2y 5m to grant Granted Dec 19, 2023
Patent 11837689
CURRENT COLLECTOR INCLUDING OPENING FORMATION PORTION AND BATTERY USING SAME
2y 5m to grant Granted Dec 05, 2023
Patent 11837723
POSITIVE ELECTRODE ACTIVE MATERIAL FOR NONAQUEOUS SECONDARY BATTERY, AND METHOD FOR MANUFACTURING SAME
2y 5m to grant Granted Dec 05, 2023
Patent 11831030
METHOD OF FORMING A BRAZED JOINT HAVING MOLYBDENUM MATERIAL
2y 5m to grant Granted Nov 28, 2023
Patent 11824192
LITHIUM ION SECONDARY BATTERY
2y 5m to grant Granted Nov 21, 2023
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
86%
With Interview (+31.7%)
3y 7m
Median Time to Grant
Low
PTA Risk
Based on 442 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month