Prosecution Insights
Last updated: August 17, 2026
Application No. 18/223,211

NEGATIVE ELECTRODE ACTIVE MATERIAL PARTICLES, LITHIUM ION BATTERY, AND METHOD OF PRODUCING NEGATIVE ELECTRODE ACTIVE MATERIAL PARTICLES

Non-Final OA §112§Other
Filed
Jul 18, 2023
Priority
Jul 20, 2022 — JP 2022-115745
Examiner
USYATINSKY, ALEXANDER
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
746 granted / 899 resolved
+18.0% vs TC avg
Strong +19% interview lift
Without
With
+19.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
35 currently pending
Career history
927
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
17.3%
-22.7% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 899 resolved cases

Office Action

§112 §Other
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 08/23/2023. Information Disclosure Statement The Information Disclosure Statements (IDS) filed 07/18/2023 and 09/10/2025 have been placed in the application file and the information referred to therein has been considered. Drawings The drawings received 07/18/2023 are acceptable for examination purposes. Claim Rejections - 35 USC § 112 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. Claims 1-7 are rejected under 35 U.S.C. 112(b) second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (regards as the invention. In claim 1 it is not clear what type of crystallinity phase claimed by the limitation: peak of 2ɵ=31.72°±0.50. In accordance with the instant Specification this peak belong clathrate type II crystalline phase structure (para 23). However, crystallinity of type II claimed in claimed 2. Therefore, either limitation of claimed 2 already present in claim 1 or claim 2 fails to further limit claim 1. Additionally, it is not clear what in what units the relationship 0.061 ≤V/W since V expressed in cc/g and W is in (o). Moreover, from claim 1 language it is not clear if claimed particles contain only pores with diameter of 10 nm or less, or said particles contain pores with different diameters but V is volume of only pores with diameter 10 nm or less. In claim 3, it is not clear what in what units the relationship since V expressed in cc/g and W is in (o). In claims 4,5 and 6, it is not clear what in what units claimed parameters V and W are expressed (in cc/g and in (o) perhaps). Claim 7 depend on rejected base claim 1 and fall therewith. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20210066713, US 20190229252, US 20080253955, US 20140308585. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER USYATINSKY whose telephone number is (571)270-7703. The examiner can normally be reached IFP. 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, Jonathan Leong can be reached at (571) 270-1292. 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. /Alexander Usyatinsky/Primary Examiner, Art Unit 1751
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Prosecution Timeline

Jul 18, 2023
Application Filed
Aug 07, 2026
Non-Final Rejection mailed — §112, §Other (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

1-2
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+19.1%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 899 resolved cases by this examiner. Grant probability derived from career allowance rate.

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