Prosecution Insights
Last updated: April 19, 2026
Application No. 18/119,422

NEGATIVE ELECTRODE FOR POWER STORAGE DEVICE, METHOD FOR FORMING THE SAME, AND POWER STORAGE DEVICE

Final Rejection §103
Filed
Mar 09, 2023
Examiner
GATEWOOD, DANIEL S
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Semiconductor Energy Laboratory Co. Ltd.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
3y 0m
To Grant
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
850 granted / 1096 resolved
+12.6% vs TC avg
Strong +19% interview lift
Without
With
+19.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
61 currently pending
Career history
1157
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.7%
+13.7% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1096 resolved cases

Office Action

§103
NEGATIVE ELECTRODE FOR POWER STORAGE DEVICE, METHOD FOR FORMING THE SAME, AND POWER STORAGE DEVICE DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Response to Amendment In response to communication filed 1/6/2026: Claims 2, 7, and 12 have been amended; no new matter has been entered. Previous rejection has been withdrawn due to amendment. Response to Arguments Applicant’s arguments with respect to claims 2, 7, and 12 have been considered but are moot based on grounds of new rejection necessitated by amendment. 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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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. This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a). Claims 2-4, 6-9, 11-14, 16 are rejected under pre-AIA 35 U.S.C. 103 as being unpatenable over Sheem et al. (US 2012/0034522 A1) and further in view of Odani et al. (US 2010/0190054 A1). Regarding claims 2, 6, 7, 11, 12, and 16, Sheem et al. teach a lithium-ion battery (Abstract; Fig. 2) comprising: a positive electrode (Fig. 2, element 2; paragraphs 0043-0044); a negative electrode (Fig. 2, element 4; paragraphs 0045-0046); and an electrolyte between the positive electrode and the negative electrode (Paragraphs 0079-0080; 0093), wherein the negative electrode comprises a negative electrode current collector and a negative electrode active material layer (Paragraph 0064), and wherein the negative electrode active material layer comprises a plurality of negative electrode active material particles (Fig. 1, element 12 discloses an active material core. Paragraphs 0045-0046 disclose this comprises a material capable of reversibly intercalating and deintercalating Li ions such as graphite. This material inherently makes up particles.) and at least one graphene layer covering part of the plurality of negative electrode active material particles (Fig. 1, element 14 discloses a thin film graphite layer which can comprise a graphene sheet, element 14a, covering the active material core, element 12.). However, Sheem et al. do not teach wherein the negative electrode active material comprises graphite and a silicon oxide film covering part of the graphite. Odani et al. teach a battery having a negative electrode (Abstract). Further, the negative electrode comprises a negative electrode active material layer (Fig. 4, element 2) comprising negative electrode active material particles (Fig. 4, element 201) having an oxide-containing film (Fig. 4, element 203) covering only the top of the negative electrode active material particles (Paragraph 301). The oxide-containing film can comprise silicon oxide (Paragraph 0293) and the negative electrode active material particles can comprise graphite (Paragraph 0129). Therefore, it would have been obvious to one of ordinary skill in the art to modify the graphite surface of Sheem to further include a silicon oxide film as disclosed by Odani in order to provide a protective film against the electrolyte solution to further enhance cycle characteristics (Paragraph 0292). Regarding claims 3, 8, and 13, Sheem and Odani et al. teach the lithium-ion battery according to claims 2, 7, and 12. Further, Sheem teaches wherein an average diameter of the plurality of negative electrode active materials is more than or equal to 6 μm and less than or equal to 30 μm (Paragraph 0042 discloses the average particle diameter of the active material including the core and layer is 1-50 µm.). Regarding claims 4, 9, and 14, Sheem and Odani et al. teach the lithium-ion battery according to claims 2, 7, and 12. Further, Sheem teaches wherein the graphene layer is in contact with the plurality of negative electrode active materials (Fig. 1). Claims 5, 10, and 15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sheem et al. (US 2012/0034522 A1) and Odani (US 2010/0190054 A1) as applied to claims 2, 7, and 12 above, and further in view of Zhang et al. (US 2010/0310908 A1). Regarding claims 5, 10, and 15, Sheem and Odani et al. teach the lithium-ion battery of claims 2, 7, and 12. However, they do not teach wherein the lithium-ion battery is flexible. Zhang et al. teach that battery cells may be suitably made into a cylindrically wound cell of a flexible pouch (Paragraph 0069). Therefore, it would have been obvious to one of ordinary skill in the art to use the flexible pouch to house the battery of Sheem because Zhang et al. teach that flexible pouches cylindrically wound cells are equivalent substitutes for battery housing. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30. 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 Tavares-Crockett 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. Daniel S. Gatewood, Ph.D. Primary Examiner Art Unit 1729 /DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 January 22nd, 2026
Read full office action

Prosecution Timeline

Mar 09, 2023
Application Filed
Oct 02, 2025
Non-Final Rejection — §103
Jan 06, 2026
Response Filed
Jan 26, 2026
Final Rejection — §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

3-4
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+19.0%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 1096 resolved cases by this examiner. Grant probability derived from career allow rate.

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