Prosecution Insights
Last updated: April 19, 2026
Application No. 18/259,931

NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY

Non-Final OA §103
Filed
Jun 29, 2023
Examiner
WYLUDA, KIMBERLY
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Seiko Instruments Inc.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
83%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
166 granted / 238 resolved
+4.7% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
38 currently pending
Career history
276
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
62.8%
+22.8% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 238 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 . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY COMPRISING ELECTROLYTE SOLUTION COMPRISING LITHIUM BIS(FLUOROSULFONYL)IMIDE (LiFSI). Claim Objections Claims 3 and 10 are objected to because of the following informalities: each claim recites “…to form a storage space” but should recite “…to form the internal storage space” in light of Claim 1 and Figs. 1-2 of the instant specification. In light of the above, each claim should be amended to further recite “the storage container is a coin-type container in which the internal storage space is sealed…”. Appropriate correction is required. 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 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. Claims 1-5 and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (CN 108232302 A, see also the EPO machine generated English translation provided with this Office Action), and further in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the EPO machine generated English translation provided with this Office Action). Regarding Claims 1 and 8, Lu discloses a non-aqueous electrolyte secondary battery ([0045]) comprising: a positive electrode ([0045], e.g. lithium metal sheet); a negative electrode containing a negative electrode active material ([0045], e.g. silicon-carbon electrode); a separator disposed between the positive electrode and the negative electrode ([0045], wherein the separator is necessarily and inherently disposed between the positive electrode and the negative electrode in order to prevent a short circuit); a storage container in which the positive electrode, the negative electrode, the separator, and the electrolyte solution are arranged in an internal storage space ([0045], e.g. CR2032 button cell), the separator is formed of a glass-fiber ([0045]), and the electrolyte solution may be chosen to contain, as the supporting salt, 2.14 to 4 (mol/L) of lithium bis(fluorosulfonyl)imide (LiFSI) in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode ([0013], [0017]), which falls within and therefore reads on the instantly claimed range of 2 to 7 (mol/L). It would have been obvious to one of ordinary skill in the art to utilize lithium bis(fluorosulfonyl)imide (LiFSI) as the supporting salt in the electrolyte solution, as disclosed by Lu, in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode. Modified Lu discloses in an exemplary embodiment wherein the positive electrode is a lithium metal sheet ([0045]) and further discloses wherein the positive electrode is not limited to such ([0085]). However, modified Lu does not disclose wherein the positive electrode containing a positive electrode active material, wherein the positive electrode contains, as the positive electrode active material, at least a lithium manganese oxide composed of Li1+xCoyMn2-x-yO4 (0<x<0.33 and 0<y<0.2). Miura teaches in Fig. 1 a non-aqueous electrolyte secondary battery (1) ([0069]) comprising: a positive electrode (10) containing a positive electrode active material ([0070]); a negative electrode (20) containing a negative electrode active material ([0080]); a separator (30) disposed between the positive electrode (10) and the negative electrode (20) ([0094]); an electrolyte solution (50) containing an organic solvent and a supporting salt ([0048]), and a storage container (2) in which the positive electrode (10), the negative electrode (20), the separator (30), and the electrolyte solution (50) are arranged in an internal storage space ([0032]). Specifically, Miura teaches the positive electrode (10) containing a positive electrode active material, wherein the positive electrode contains, as the positive electrode active material, at least a lithium manganese oxide composed of Li1+xCoyMn2-x-yO4 (0<x<0.33 and 0<y<0.2) in order to obtain improved long-term storage characteristics ([0070]-[0072]). It would have been obvious to one of ordinary skill in the art to utilize a positive electrode containing a positive electrode active material, wherein the positive electrode contains, as the positive electrode active material, at least a lithium manganese oxide composed of Li1+xCoyMn2-x-yO4 (0<x<0.33 and 0<y<0.2) as the positive electrode of modified Lu, as taught by Miura, in order to obtain improved long-term storage characteristics. Modified Lu remains silent regarding the method of forming the positive electrode and the negative electrode and consequently does not disclose wherein at least one of the positive electrode or the negative electrode is in the form of a pellet containing an active material, a conductive agent, and a binder. Miura further teaches wherein the positive electrode (10) may be in the form of a pellet containing an active material, a conductive agent, and a binder in order to make it easier to form the positive electrode ([0075]-[0076]). It would have been obvious to one of ordinary skill in the art to form the positive electrode of modified Lu to be in the form of a pellet containing an active material, a conductive agent, and a binder, as further taught by Miura, in order to make it easier to form the positive electrode. Modified Lu discloses in the exemplary embodiment wherein the separator is formed of a glass fiber ([0045] of Lu). However, modified Lu does not explicitly disclose wherein the separator is formed of a glass fiber non-woven fabric. Miura further teaches wherein the separator (30) is preferably formed of a glass fiber non-woven fabric in order to reduce internal resistance and improve discharge capacity ([0094]). It would have been obvious to one of ordinary skill in the art to form the separator of modified Lu to be formed of a glass fiber non-woven fabric, as further taught by Miura, in order to reduce internal resistance and improve discharge capacity. Modified Lu further discloses wherein the electrolyte solution may contain, as the organic solvent, a mixed solution consisting of propylene carbonate (PC) and ethylene carbonate (EC) ([0022] of Lu). However, modified Lu does not disclose wherein the electrolyte solution contains, as the organic solvent, a mixed solution consisting of propylene carbonate (PC), ethylene carbonate (EC), and dimethyoxyethane (DME) at a volume ratio in a range of {PC:EC:DME} = {0.5 to 1.5:0.5 to 1.5:1 to 3}. Miura further teaches wherein the electrolyte solution (50) contains an organic solvent and a supporting salt, wherein the supporting salt may be lithium bis(fluorosulfonyl)imide (LiFSI) ([0048], [0063]). Specifically, Miura teaches wherein the electrolyte solution (50) contains, as the organic solvent, a mixed solution consisting of propylene carbonate (PC), ethylene carbonate (EC), and dimethyoxyethane (DME) at a volume ratio in a range of {PC:EC:DME} = {0.5 to 1.5:0.5 to 1.5:1 to 3} in order to improve low-temperature characteristics without impairing capacity retention rate at high temperatures or at room temperature ([0054], [0058]-[0059]). It would have been obvious to one of ordinary skill in the art to utilize a mixed solution consisting of propylene carbonate (PC), ethylene carbonate (EC), and dimethyoxyethane (DME) at a volume ratio in a range of {PC:EC:DME} = {0.5 to 1.5:0.5 to 1.5:1 to 3} as the organic solvent of modified Lu, as taught by Miura, in order to improve low-temperature characteristics without impairing capacity retention rate at high temperatures or at room temperature. Regarding Claim 2, modified Lu discloses all of the limitations as set forth above and further discloses wherein the electrolyte solution contains 2.15 to 4.00 (mol/L) of the lithium bis(fluorosulfonyl)amide (LiFSI) as the supporting salt in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode ([0013], [0017], [0011]), which overlaps with the instantly claimed range of 4 to 7 (mol/L). It would have been obvious to one of ordinary skill in the art to utilize the lithium bis(fluorosulfonyl)amide (LiFSI) as the supporting salt of the electrolyte solution of modified Lu in the overlapping portion of the range disclosed by modified Lu in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode. Regarding Claims 3 and 10, modified Lu discloses all of the limitations as set forth above and further discloses wherein the storage container is a coin-type container ([0045] of Lu, e.g. CR2032 button cell). However, modified Lu remains silent regarding the structure of the storage container and consequently does not disclose wherein such comprises a bottomed cylindrical positive electrode can, and a negative electrode can which is fixed to an opening portion of the positive electrode can with an interposed gasket to form the internal storage space with the positive electrode can, and the internal storage space is sealed by crimping the opening portion of the positive electrode can toward a negative electrode can side. Miura further teaches in Fig. 1 wherein the storage container (2) comprises a bottomed cylindrical positive electrode can (12) ([0032]); a negative electrode can (22) which is fixed to an opening portion (12a) of the positive electrode can (12) with an interposed gasket (40) to form the internal storage space with the positive electrode can (12) (Fig. 1, [0032]), and the storage container (2) is a coin-type container in which the internal storage space is sealed by crimping the opening portion (12a) of the positive electrode can (12) toward a negative electrode can side (Fig. 1, [0032]). It would have been obvious to one of ordinary skill in the art to form the storage container of modified Lu to comprise a bottomed cylindrical positive electrode can, and a negative electrode can which is fixed to an opening portion of the positive electrode can with an interposed gasket to form an internal storage space with the positive electrode can, wherein the internal storage space is sealed by crimping the opening portion of the positive electrode can toward a negative electrode can side, as further taught by Miura, as such is a known coin-type container in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form the non-aqueous electrolyte secondary battery desired by modified Lu. Regarding Claims 4 and 11, modified Lu discloses all of the limitations as set forth above and further discloses wherein the storage container (2 of Miura) has a structure in which the gasket (40 of Miura) is interposed between an inner bottom portion and an inner side portion of the positive electrode can (12 of Miura) and the negative electrode can (22 of Miura) for insulating and sealing (Fig. 1, [0032] of Miura). Regarding Claims 5 and 12, modified Lu discloses all of the limitations as set forth above and further discloses wherein the electrolyte solution contains 2.15 to 4.00 (mol/L) of the lithium bis(fluorosulfonyl)amide (LiFSI) as the supporting salt in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode ([0013], [0017], [0011]), which overlaps with the instantly claimed range of 3 to 4 (mol/L). It would have been obvious to one of ordinary skill in the art to utilize the lithium bis(fluorosulfonyl)amide (LiFSI) as the supporting salt of the electrolyte solution of modified Lu in the overlapping portion of the range disclosed by modified Lu in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode. Regarding Claim 9, modified Lu discloses all of the limitations as set forth above and further discloses wherein the negative electrode contains, as the negative electrode active material, a silicon-carbon material ([0045] of Lu). However, modified Lu does not disclose wherein the silicon-carbon material is specifically SiOx (0<X<2) having at least part of a surface coated with carbon. Miura further teaches wherein the negative electrode (20) contains, as the negative electrode active material, a silicon-carbon material ([0080]). Specifically, Miura teaches wherein the silicon-carbon material is SiOx (0<X<2) having at least part of a surface coated with carbon in order to improve the conductivity of the negative electrode, suppress an increase in internal resistance, and improve cycle characteristics of the non-aqueous electrolyte secondary battery ([0080]-[0082]). It would have been obvious to one of ordinary skill in the art to utilize SiOx (0<X<2) having at least part of a surface coated with carbon as the silicon-carbon material of modified Lu, as further taught by Miura, in order to improve the conductivity of the negative electrode of modified Lu, suppress an increase in internal resistance, and improve cycle characteristics of the non-aqueous electrolyte secondary battery of modified Lu. Claims 6-7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (CN 108232302 A, see also the EPO machine generated English translation provided with this Office Action), in view of Miura (JP 2017-224430 A, cited on the IDS dated June 29, 2023, see also the EPO machine generated English translation provided with this Office Action), as applied to Claims 3 and 10 above, and further in view of Itoh (US PGPub 2013/0295438 A1). Regarding Claims 6 and 13, modified Lu discloses all of the limitations as set forth above and further discloses wherein the storage container (2 of Miura) has a structure in which the positive electrode (10 of Miura) is disposed to cover an inner bottom portion of the positive electrode can (12 of Miura) and the gasket (40 of Miura) is interposed between an inner side portion of the positive electrode can (12 of Miura) and the positive electrode (10 of Miura), and the negative electrode can (22 of Miura) for insulating and sealing (Fig. 1, [0032] of Miura). However, modified Lu does not disclose wherein the positive electrode is disposed to cover the entire inner bottom portion of the positive electrode can. Itoh teaches in Fig. 1 a battery (1) comprising a storage container (2, 3, 4) ([0032]) comprising: a bottomed cylindrical positive electrode can (2) ([0032]); a negative electrode can (3) which is fixed to an opening portion (2a) of the positive electrode can (2) with an interposed gasket (4) to form an internal storage space (S) with the positive electrode can (2) ([0032], [0034]), and the storage container (2, 3, 4) is a coin-type container in which the internal storage space (S) is sealed by crimping the opening portion (2a) of the positive electrode can (2) toward a negative electrode can side ([0034]). Specifically, Itoh teaches in Fig. 1 wherein the storage container (2, 3, 4) has a structure in which a positive electrode (5) is disposed to cover an entire inner bottom portion of the positive electrode can (2) and the gasket (4) is interposed between an inner side portion of the positive electrode can (2) and the positive electrode (5), and the negative electrode can (3) for insulating and sealing ([0034]). It would have been obvious to one of ordinary skill in the art to form the positive electrode of modified Lu to be configured such that it is disposed to cover the entire inner bottom portion of the positive electrode can of modified Lu, as taught by Itoh, as such is a known configuration in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form a non-aqueous electrolyte secondary battery, as desired by modified Lu. Regarding Claims 7 and 14, modified Lu discloses all of the limitations as set forth above and further discloses wherein the electrolyte solution contains 2.15 to 4.00 (mol/L) of the lithium bis(fluorosulfonyl)amide (LiFSI) as the supporting salt in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode ([0013], [0017], [0011]), which overlaps with the instantly claimed range of 2 to 3 (mol/L). It would have been obvious to one of ordinary skill in the art to utilize the lithium bis(fluorosulfonyl)amide (LiFSI) as the supporting salt of the electrolyte solution of modified Lu in the overlapping portion of the range disclosed by modified Lu in order to form an electrolyte solution that exhibits high electrochemical stability, improves stability of the interface between the negative electrode and the electrolyte solution, reduces the capacity loss of the negative electrode during cycling, and improves the coulombic efficiency and cycle performance of the negative electrode. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST. 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, BASIA RIDLEY can be reached at (571)272-1453. 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. /KIMBERLY WYLUDA/Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Jun 29, 2023
Application Filed
Jan 13, 2026
Non-Final Rejection — §103
Mar 17, 2026
Applicant Interview (Telephonic)
Mar 17, 2026
Examiner Interview Summary

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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
70%
Grant Probability
83%
With Interview (+13.3%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 238 resolved cases by this examiner. Grant probability derived from career allow rate.

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