Prosecution Insights
Last updated: April 19, 2026
Application No. 18/234,206

ANODE ACTIVE MATERIAL LAYER AND ALL-SOLID-STATE BATTERY USING THE SAME

Non-Final OA §103
Filed
Aug 15, 2023
Examiner
CLARY, KAYLA ELAINE
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kia Corporation
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
3y 3m
To Grant
98%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
57 granted / 83 resolved
+3.7% vs TC avg
Strong +30% interview lift
Without
With
+29.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
37 currently pending
Career history
120
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
21.7%
-18.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 83 resolved cases

Office Action

§103
DETAILED ACTION 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. 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. The factual inquiries 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mineya et al. (US-20230061385-A1) . Regrading Claim 1 , Mineya teaches the following: An all-solid-state battery, comprising ( the battery 100 of the invention can suitably be a n all-solid-state battery, see [0098] ) : an anode current collector, an anode active material layer disposed on the anode current collector, a solid electrolyte layer disposed on the anode active material layer, a cathode active material layer disposed on the solid electrolyte layer, and a cathode current collector disposed on the cathode active material layer, wherein the anode active material layer comprises a first layer disposed on the anode current collector and a second layer disposed on the solid electrolyte layer (“ The present disclosure provides a battery including: a positive electrode; a negative electrode; and a solid electrolyte layer located between the positive electrode and the negative electrode, wherein the negative electrode includes a negative electrode current collector and a negative electrode active material layer located between the negative electrode current collector and the solid electrolyte layer; the negative electrode active material layer includes a first active material layer and a second active material layer located between the first active material layer and the solid electrolyte layer ,” see [0006]-[0011] ) , the first layer comprises a first anode active material, a first solid electrolyte, and a first binder, the second layer comprises a second anode active material, a second solid electrolyte, and a second binder (Examples 2-3 have a first active material layer with a first negative electrode active material and solid electrolyte, and a second active material layer with a second negative electrode active material and solid electrolyte, see [0124]-[0135]) , Mineya does not teach the negative electrolyte layer 11 necessarily includes binders as claimed above. However, Mineya teaches the negative electrode active material layer 11 may contain a binder, see [0096]. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have included a binder because Mineya teaches this is a suitable addition in the negative electrode active material layer 11 . Mineya teaches “the ratio T1/T2 is in the range from 1/2 to 1/20, where T1 is the thickness of the first active material layer 151 and T2 is the thickness of the second active material layer 161 , ” see [0101]. This teaches a ratio of 0.5-0.05 which overlaps the claimed range. Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the thickness ratio of the first and second negative electrode layers because Mineya teaches this is a suitable thickness ratio, thereby, rendering obvious: a ratio (T 1 /T 2 ) of a thickness (T 1 ) of the first layer to a thickness (T 2 ) of the second layer is in a range of 0.375 to 0.5, and a ratio (M 1 /M 2 ) of a weight (M 1 ) of the first solid electrolyte in the anode active material layer to a weight (M 2 ) of the second solid electrolyte in the anode active material layer is in a range of 0.1 to 0.25 (Examples 2 and 3 disclose a weight ratio of the solid electrolyte in the first and second negative electrolyte layers of 0.25 and 0.11 which are within the claimed range, see [0124]-[0135] . ) . Regrading Claim 2 , Mineya discloses: wherein the anode active material layer comprises a first surface in contact with the anode current collector and a second surface in contact with the solid electrolyte layer, the first layer forms the first surface, and the second layer forms the second surface (see current collector 12, first active material layer 151, second active material layer Figs. 3 ) . Regrading Claim 3 , Mineya’s Examples 1-3 (see [0113]-[0135]) have a silicon and graphite first active material, thereby, disclosing: wherein the first anode active material comprises one or more selected from the group consisting of a silicon-based anode active material, and a carbon-based anode active material. Regrading Claim 4 , Mineya’s Examples 1-3 (see [0113]-[0135]) have the first layer with a sulfide solid electrolyte, thereby, disclosing: wherein the first solid electrolyte comprises a sulfide-based solid electrolyte. Regrading Claim 5 , Mineya does not teach the negative electrolyte layer 11 necessarily includes the following claimed binders: wherein the first binder comprises one or more selected from the group consisting of styrene butadiene rubber, nitrile butadiene rubber, and butadiene rubber. However, Mineya teaches the negative electrode active material layer 11 may contain a binder including styrene-butadiene rubber, see [0096]. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a styrene-butadiene rubber because Mineya teaches this is a suitable binder in the negative electrode active material layer 11 . Regrading Claim 6 , Mineya does not teach the first negative active material layer necessarily falls within the claimed range given below: wherein the thickness of the first layer is in a range of 15 µm to 20 µm. However, Mineya teaches the negative electrode 210 may have a thickness of 10 μm or more and 500 μm or less, see [0090]. Additionally , Mineya teaches “the ratio T1/T2 is in the range from 1/2 to 1/20, where T1 is the thickness of the first active material layer 151 and T2 is the thickness of the second active material layer 161 , ” see [0101]. Based on these teachings, Mineya ' s indicates a thickness range for the first negative active material layer is 0.5-250 µ m . Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the thickness of the first negative active material layer because Mineya teaches this is a suitable thickness. Regrading Claim 7 , Mineya’s Examples 2 -3 (see [0124]-[0135] ) have the first layer with a anode active material to solid electrolyte mass ratio of 7:3 which lies on the claimed end point, thereby, disclosing: wherein the first layer comprises the first anode active material and the first solid electrolyte in a mass ratio of 6:4 to 7:3. Regrading Claim 8 , Mineya’s Examples 2 -3 (see [0124]-[0135] ) have a graphite second active material, thereby, disclosing: wherein the second anode active material comprises one or more selected from the group consisting of a silicon-based anode active material, and a carbon-based anode active material. Regrading Claim 9 , Mineya’s Examples 2 -3 (see [0124]-[0135] ) have the second layer with a sulfide solid electrolyte, thereby, disclosing : wherein the second solid electrolyte comprises a sulfide-based solid electrolyte. Regrading Claim 10 , Mineya does not teach the negative electrolyte layer necessarily includes the following claimed binders: wherein the second binder comprises one or more selected from the group consisting of polyvinylidene fluoride, poly(vinylidene fluoride-co- hexafluoropropylene), chlorotrifluoroethylene, and polytetrafluoroethylene. However, Mineya teaches the negative electrode active material layer 11 may contain a binder including polyvinylidene fluoride, chlorotrifluoroethylene and polytetrafluoroethylene , see [0096]. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a ny one of polyvinylidene fluoride, chlorotrifluoroethylene and polytetrafluoroethylene because Mineya teaches this is a suitable binder in the negative electrode active material layer 11. Regrading Claim 11 , Mineya does not teach the second negative active material layer necessarily falls within the claimed range given below: wherein the thickness of the second layer is in a range of 40 µm to 50 µm. However, Mineya teaches the negative electrode 210 may have a thickness of 10 μm or more and 500 μm or less, see [0090]. Additionally, Mineya teaches “the ratio T1/T2 is in the range from 1/2 to 1/20, where T1 is the thickness of the first active material layer 151 and T2 is the thickness of the second active material layer 161,” see [0101]. Based on these teachings, Mineya indicates a thickness range for the first negative active material layer is 5-475 µm. Overlapping ranges are prima facie obvious (see MPEP 2144.05, I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the overlapping portion of the thickness of the second negative active material layer because Mineya teaches this is a suitable thickness. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mineya et al. (US-20230061385-A1) as applied to Claim 1 and in further view of Kim et al. (US-20230146632-A1). Regrading Claim 13 , Mineya is silent toward the applications for the battery of the invention and, therefore, does not teach: a vehicle comprising an all-solid-state battery of claim 1. To solve problem of providing a two layered negative electrode for an all-solid-state battery which comprises silicon and graphite (see Title, [0175], and [0181] ) , Kim teaches that the all-solid-state battery is suitable for use in a vehicle, see [0243]. This disclosure teaches this is a successful and conventional use for all-solid-state batteries. Consequently, one of ordinary skill in the art before the effective filling date of the claimed invention would have had a reasonable expectation of success using the battery of Mineya i n a vehicle based on the teachings of Kim. Allowable Subject Matter Claim 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Mineya’s Examples 2-3 (see [0113]-[0135]) have the second layer with a anode active material to solid electrolyte mass ratio of 7:3 which , thereby, does not teach: wherein the second layer comprises the second anode active material and the second solid electrolyte in a mass ratio of 3:7 to 4:6. Further searching failed to identify any additional prior art that would render these limitations either anticipated or obvious. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Kayla E Clary whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2854 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday 8:00-5:00 (PT) . 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 Allison Bourke can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 303-297-4684 . 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. /K.E.C./ Kayla E. Clary Examiner, Art Unit 1721 /ALLISON BOURKE/ Supervisory Patent Examiner, Art Unit 1721
Read full office action

Prosecution Timeline

Aug 15, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12597625
Pouch-Shaped Battery Case Sealing Apparatus and Pouch-Shaped Secondary Battery Sealing Method Using the Same
2y 5m to grant Granted Apr 07, 2026
Patent 12573719
LDH SEPARATOR AND ZINC SECONDARY BATTERY
2y 5m to grant Granted Mar 10, 2026
Patent 12551879
SANDWICH-STRUCTURED THIN FILM COMPOSITE ANION EXCHANGE MEMBRANE FOR REDOX FLOW BATTERY APPLICATIONS
2y 5m to grant Granted Feb 17, 2026
Patent 12555848
BATTERY
2y 5m to grant Granted Feb 17, 2026
Patent 12537237
SYSTEM FOR SUPPLYING POWER TO A PORTABLE BATTERY USING AT LEAST ONE SOLAR PANEL
2y 5m to grant Granted Jan 27, 2026
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
69%
Grant Probability
98%
With Interview (+29.7%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 83 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