Prosecution Insights
Last updated: July 17, 2026
Application No. 18/222,326

SILICON ANODE MULTILAYER FOR ELECTROCHEMICAL CELLS

Non-Final OA §103§112
Filed
Jul 14, 2023
Priority
Jul 15, 2022 — provisional 63/389,701
Examiner
SCHULER, JACOB JEROME
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Solid Power Operating Inc.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-65.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
16 currently pending
Career history
12
Total Applications
across all art units

Statute-Specific Performance

§103
91.3%
+51.3% vs TC avg
§112
8.7%
-31.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Drawings 2. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the third anode layer disclosed within claim 20 must be shown or the features canceled from the claim. No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 3. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 4. Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. As to claim 2, claim 2 recites the limitation “the first layer” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. This limitation appears to be a typographical error as “a first anode layer” was previously disclosed within line 2 of claim 1. For purposes of examination, claim 2 is dependent upon claim 1. Claim Rejections - 35 USC § 103 5. 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. 6. Claims 1-15 and 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Abdeksakam et al. (US-10008716-B2, disclosed in IDS provided on 5 January 2024), in view of Oh et al. (US-20210202936-A1, disclosed in IDS provided on 7 November 2024). As to claim 1, Abdeksakam discloses an anode composition (figure 2b, anode composite layers 203a and 203b(i)) comprising: a first anode layer (figure 2b, first anode composite layer 203a) in operable contact with a second anode layer (figure 2b, second anode composite sublayer 203b(i)), the first anode layer and second anode layer each comprising: an anode active material (column 7 lines 22-24); and a binder (column 7 lines 22-24); wherein the first anode layer optionally comprises a solid electrolyte material (figure 2b, first anode composite layer 203a). However, Abdeksakam does not disclose wherein the second anode layer further comprises a solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the anode layer further comprises a solid electrolyte material [0024] to limit the decrease in capacity of an electrochemical cell [0015]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode composition as disclosed within Abdeksakam to further include the limitation that the second anode layer additionally comprises a solid electrolyte material to limit the decrease in capacity of the electrochemical cell as disclosed within Oh. As to claim 2, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the anode active material is present in the first layer in an amount of greater than or equal to about 50% by weight of the first layer (column 7 lines 33-43). As to claim 3, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the anode active material is present in the second anode layer in an amount of about 20% to about 50% by weight of the second anode layer (column 7 lines 33-53). As to claim 4, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the anode active material of the first anode layer comprises an inorganic material (column 8 lines 24-31). As to claim 5, modified Abdeksakam discloses the anode composition as disclosed within claim 4, and further discloses wherein the inorganic material is selected from the group consisting of silicon, silicon alloys, tin, tin alloys, germanium, germanium alloys, and combinations thereof (column 8 lines 24-31, silicon). As to claim 6, modified Abdeksakam discloses the anode composition as disclosed within claim 5, and further discloses wherein the inorganic material is silicon, silicon alloys, or combinations thereof (column 8 lines 24-31). As to claim 7, modified Abdeksakam discloses the anode composition as disclosed within claim 1, however, Abdeksakam does not disclose wherein the first anode layer comprises about 5% or less of a solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the anode layer comprises about 5% or less of a solid electrolyte material [0024] to limit side reactions with the active material from occurring. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include the limitation that the first anode layer comprises about 5% or less of a solid electrolyte material to limit side reactions with the active material from occurring as disclosed within Oh. As to claim 8, modified Abdeksakam discloses the anode composition as disclosed within claim 1, however, Abdeksakam does not disclose wherein the first anode layer comprises about 1% or less of a solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the anode layer comprises about 1% or less of a solid electrolyte material [0024] to limit side reactions with the active material from occurring. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include the limitation that the first anode layer comprises about 1% or less of a solid electrolyte material to limit side reactions with the active material from occurring as disclosed within Oh. As to claim 9, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the first anode layer does not include a solid electrolyte material (figure 2b, first anode composite layer 203a). As to claim 10, modified Abdeksakam discloses the anode composition as disclosed within claim 1, however, Abdeksakam does not disclose wherein the solid electrolyte material comprises a sulfide-based solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the solid electrolyte material comprises a sulfide-based solid electrolyte material [0024] to limit the decrease in capacity of an electrochemical cell [0015]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include the limitation that the solid electrolyte material comprises a sulfide-based solid electrolyte material to limit the decrease in capacity of the electrochemical cell as disclosed within Oh. As to claim 11, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the binder of the first anode layer is different from the binder in the second anode layer (column 12, lines 26-43). As to claim 12, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the binder comprises one or more of styrene-butadiene rubber (SBR), polyvinylidene fluoride (PVdF), carboxymethylcellulose (CMC), or combinations thereof or derivatives thereof (column 12, lines 55-67). As to claim 13, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the anode composition further comprises a current collector in operable contact with the first anode layer (figure 2b, anode current collector layer 201). As to claim 14, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the first anode layer or the second anode layer further comprises a carbon-based conductive additive (column 23, lines 20-30). As to claim 15, modified Abdeksakam discloses the anode composition as disclosed within claim 14, and further discloses wherein the carbon-based conductive additive is selected from the group consisting of graphite, graphene, carbon black, carbon nanotubes, carbon nanowires, vapor grown carbon fiber, activated carbon, and combinations thereof (column 23, lines 20-30). As to claim 20, modified Abdeksakam discloses the anode composition as disclosed within claim 1, and further discloses wherein the anode composition further comprises a third anode layer (figure 2b, anode sublayer 203b(ii)), the third anode layer comprising: an anode active material (column 7 lines 22-24 and 60-67, column 8 lines 1-6); a binder (column 7 lines 22-24 and 60-67, column 8 lines 1-6); a conductive additive (column 23, lines 20-30); and wherein the weight percent amount of anode active material, binder, conductive additive, and/or solid electrolyte material in the third anode layer is different from the amounts in the first anode layer and second anode layer (column 7 lines 60-67, column 8 lines 1-6). However, Abdeksakam does not disclose wherein the third anode layer further comprises a solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the anode layer further comprises a solid electrolyte material [0024] to limit the decrease in capacity of an electrochemical cell [0015]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include the limitation that the third anode layer additionally comprises a solid electrolyte material to limit the decrease in capacity of an electrochemical cell as disclosed within Oh. As to claim 21, Abdeksakam discloses a method of making the anode composition of claim 1 (column 13 lines 33-42), the method comprising: a) forming a first anode layer slurry by: mixing an anode active material, optionally at least one solid electrolyte material (column 7 lines 22-24, column 13 lines 33-42), at least one binder material (column 7 lines 22-24, column 13 lines 33-42), and a solvent (column 13 lines 33-42); b) forming a second anode layer slurry by: mixing an anode active material (column 7 lines 22-24, column 13 lines 33-42), at least one binder material (column 7 lines 22-24, column 13 lines 33-42), optionally at least one plasticizer, optionally at least one tackifier, and a solvent (column 13 lines 33-42), c) casting the first anode layer slurry onto a substrate (column 24 lines 54-58); d) casting the second anode layer slurry onto the first anode layer slurry (column 24 lines 59-67); and e) drying the first anode layer slurry and the second anode layer slurry to form the anode composition (column 5 lines 56-60). However, Abdeksakam does not disclose wherein the second anode layer further comprises at least one solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the anode layer further comprises at least one solid electrolyte material [0024] to limit the decrease in capacity of an electrochemical cell [0015]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode composition as disclosed within Abdeksakam to further include the limitation that the second anode layer additionally comprises at least one solid electrolyte material to limit the decrease in capacity of an electrochemical cell as disclosed within Oh. As to claim 22, modified Abdeksakam discloses the method of making the anode composition as disclosed within claim 21, and further discloses wherein the mixing in step a) comprises mixing an anode active material, at least one solid electrolyte material, and at least one binder material, wherein substantially no solid electrolyte material is included in the combining (figure 2b, first anode composite layer 203a). As to claim 23, modified Abdeksakam discloses the method of making the anode composition as disclosed within claim 21, and further discloses wherein the mixing in step a) does not include at least one solid electrolyte material (figure 2b, first anode composite layer 203a). As to claim 24, Abdeksakam discloses a composition comprising a solid bilayer anode (figure 2b, anode composite layers 203a and 203b(i)), the bilayer anode comprising: a first anode layer (figure 2b, first anode composite layer 203a), the first anode layer comprising: a first anode active material (column 7 lines 22-24), wherein the first anode active material is present in the first anode layer in an amount of greater than or equal to about 50% by weight of the first anode layer (column 7 lines 33-43); a first binder (column 7 lines 22-24); and a first conductive additive (column 23 lines 20-30); a second anode layer (figure 2b, second anode composite layer 203b(i)), the second anode layer comprising: a second anode active material (column 7 lines 22-24), wherein the second anode active material is present in the second anode layer in an amount of about 20% to about 50% by weight of the second anode layer (column 7 lines 33-53); a second binder (column 7 lines 22-24); and a second conductive additive (column 23 lines 20-30). However, Abdeksakam does not disclose wherein the second anode layer further comprises a solid electrolyte material. Oh discloses an anode material used within the production of a solid-state battery, wherein the anode layer further comprises a solid electrolyte material [0024] to limit the decrease in capacity of an electrochemical cell [0015]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the anode composition as disclosed within Abdeksakam to further include the limitation that the second anode layer additionally comprises a solid electrolyte material to limit the decrease in capacity of an electrochemical cell as disclosed within Oh. 7. Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Abdeksakam et al. (US-10008716-B2, disclosed in IDS provided on 5 January 2024), in view of Oh et al. (US-20210202936-A1, disclosed in IDS provided on 7 November 2024) as applied in claim 1 above, and further in view of Southee et al. (US-20100129710-A1). As to claim 16, modified Abdeksakam discloses the anode composition as disclosed within claim 1, however, Abdeksakam does not disclose wherein the second anode layer further comprises a tackifier. Southee discloses an anode layer used within a battery, wherein the anode layer further comprises a tackifier ([00084] and [0090-0092]) to improve the ability of printing the anode layer onto another surface. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include a tackifier to improve the ability of printing the anode layer onto another surface as disclosed within Southee. As to claim 17, modified Abdeksakam discloses the anode composition as disclosed within claim 16, however, Abdeksakam does not disclose wherein the tackifier comprises a hydrocarbon resin. Southee discloses an anode layer used within a battery, wherein the anode layer further comprises hydrocarbon resin as the tackifier ([00084] and [0090-0092]) to improve the ability of printing the anode layer onto another surface. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include hydrocarbon resin as a tackifier to improve the ability of printing the anode layer onto another surface as disclosed within Southee. 8. Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Abdeksakam et al. (US-10008716-B2, disclosed in IDS provided on 5 January 2024), in view of Oh et al. (US-20210202936-A1, disclosed in IDS provided on 7 November 2024) as applied in claim 1 above, and further in view of Loch al. (US-6143216-A). As to claim 18, modified Abdeksakam discloses the anode composition as disclosed within claim 1, however, Abdeksakam does not disclose wherein the second anode layer further comprises a plasticizer. Loch discloses an anode layer used within a battery, wherein the anode layer further comprises a plasticizer (column 2 lines 36-46, column 8 lines 12-29) to serve as a diluent to induce a phase transition during production of the anode. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include a plasticizer to function as a diluent to induce a phase transition during production of the anode as disclosed within Loch. As to claim 19, modified Abdeksakam discloses the anode composition as disclosed within claim 18, however, Abdeksakam does not disclose wherein the plasticizer comprises dioctyl phthalate, dibutyl sebecate, mineral oil, or combinations thereof. Loch discloses an anode layer used within a battery, wherein the anode layer further comprises a mineral oil as a plasticizer (column 2 lines 36-46, column 8 lines 12-29) to serve as a diluent to induce a phase transition during production of the anode. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the anode composition as disclosed within Abdeksakam to additionally include mineral oil as a plasticizer to function as a diluent to induce a phase transition during production of the anode as disclosed within Loch. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-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, Barbara Gilliam can be reached at 5712721330. 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.J.S./Examiner, Art Unit 1727 /Maria Laios/Primary Examiner, Art Unit 1727
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Prosecution Timeline

Jul 14, 2023
Application Filed
May 27, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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