Prosecution Insights
Last updated: April 19, 2026
Application No. 18/278,603

LITHIUM ION SECONDARY BATTERY, SEPARATION MEMBRANE, AND MANUFACTURING METHODS THEREFOR

Non-Final OA §102§103
Filed
Aug 23, 2023
Examiner
BARCENA, CARLOS
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution, Ltd.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
883 granted / 1101 resolved
+15.2% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
38 currently pending
Career history
1139
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
44.4%
+4.4% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1101 resolved cases

Office Action

§102 §103
DETAILED ACTION Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim 3 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Munshi (US 6,664,006). Regarding claim 3 , Munshi discloses an all-solid-state electrochemical device and method of manufacturing comprising: solid polymer electrolyte layer 70 (separation membrane) (Fig. 2). The solid polymer electrolyte layer has a lithium-ion conductivity of 6.5 x 10-4 S/cm, lithium imide salt, and a solvent. The electrolyte layer also includes a range of acrylate monomers and oligomers including a diacrylate ( i.e. , two acryloyl groups) and a triacrylate ( i.e. , three acryloyl groups) (Example 3; col. 20, lines 13-28). With respect to the preamble “ for being disposed between a positive electrode mixture layer and a negative electrode mixture layer, in a lithium-ion secondary battery comprising a positive electrode mixture layer that contains a positive electrode active material, a first lithium salt and a first solvent, and a negative electrode mixture layer that contains a negative electrode active material, a second lithium salt and a second solvent different from the first solvent ” is viewed as intended use capable of being used in the recited electrode assembly. See MPEP 2112.02: Effect of Preamble. Claim s 3 and 7 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Fan et al. ( Adv. Sci. 2018, 5 , 1800559 ) . Regarding claim s 3 and 7 , Fan discloses a gel polymer electrolyte with 3D cross-linked polymer network for dendrite-free lithium metal batteries having a high ionic conductivity (abstract) and method comprising: forming a slurry including PEGDA ( a first monomer having two acryloyl groups ), ETPTA (a second monomer having t hree acryloyl groups ), and LiTFSI particles and LiPF 6 in nonaqueous solution ( EC:DMC :DEC = 1:1:1) , then reacting to obtain a separation membrane (p. 1800559: Experimental Section). With respect to the preamble “ for being disposed between a positive electrode mixture layer and a negative electrode mixture layer, in a lithium-ion secondary battery comprising a positive electrode mixture layer that contains a positive electrode active material, a first lithium salt and a first solvent, and a negative electrode mixture layer that contains a negative electrode active material, a second lithium salt and a second solvent different from the first solvent ” is viewed as intended use capable of being used in the recited electrode assembly. See MPEP 2112.02: Effect of Preamble. 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 . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim s 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Sunano (JP 2002-280070) , machine translation, in view of Saimen et al. (US 2014/0302399) . Regarding claim s 1 and 2 , Sunano teaches a nonaqueous electrolyte secondary battery comprising: a positive electrode mixture including positive electrode active material (para 0012) and a (first) mixed solvent (15 parts PC, 15 parts γ-BL , and 70 parts DEC) and LiPF 6 / LiN (C 2 F 5 SO 2 ) (first lithium salt) (para 0013); a negative electrode mixture including negative electrode active material (para 0014) and a (second) mixed solvent (30 parts EC an d 70 parts DEC) and LiPF 6 / LiN (C 2 F 5 SO 2 ) (second lithium salt) (para 0015); and a separator containing a diacrylate, a (third) lithium salt and a (third) solvent (para 0016) . Sunano does not teach the separator having lithium-ion conductivity and including a first monomer that has two (meth)acryloyl groups and a second monomer that has three or more (meth)acryloyl groups. Saimen , directed to an electrolyte-positive electrode structure and lithium-ion secondary battery, teaches the s olid electrolyte 6 contains inorganic particles having lithium-ion conductivity (para 0043) , and further teach the s olid electrolyte includes copolymers obtained by copolymerizing two or more monomers each having two or more acrylic groups (acryloyl groups) (para 0056). Examples of the monomers containing an acryloyl group include diacrylates, triacrylates , and tetraacrylates (para 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date for the separator to have with lithium-ion conductivity which increases lithium-ion conductivity of the cell and prevents a dendrite from occurring (para 0058; para 0070). It would have been obvious to one of ordinary skill in the art before the effective filing date for the separator to have a first monomer that has two (meth)acryloyl groups and a second monomer that has three or more (meth)acryloyl groups because they can increase crosslink density to further increase the mechanical strength of the gel (para 0056.) Claim s 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Saimen et al. (US 2014/0302399) . Regarding claim s 3 and 4 , Saimen teaches an electrolyte-positive electrode structure and secondary battery comprising: a s olid electrolyte 6 contains inorganic particles having lithium-ion conductivity (para 0043) , and an electrolyte solution including a lithium salt and organic solvent (para 0052). Saimen further teach the s olid electrolyte includes copolymers obtained by copolymerizing two or more monomers each having two or more acrylic groups (acryloyl groups) (para 0056) . Examples of the monomers containing an acryloyl group include diacrylates, triacrylates , and tetraacrylates (para 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date to select monomers from the list recited that include two, three, and four (meth)acryloyl groups and combinations thereof to make the above s olid electrolyte . With respect to the preamble “ for being disposed between a positive electrode mixture layer and a negative electrode mixture layer, in a lithium-ion secondary battery comprising a positive electrode mixture layer that contains a positive electrode active material, a first lithium salt and a first solvent, and a negative electrode mixture layer that contains a negative electrode active material, a second lithium salt and a second solvent different from the first solvent ” is viewed as intended use capable of being used in the recited electrode assembly. See MPEP 2112.02: Effect of Preamble. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Sunano (JP 2002-280070), machine translation, in view of Fan et al. ( Adv. Sci. 2018, 5 , 1800559 ) . Regarding claim s 5 , Sunano teaches a nonaqueous electrolyte secondary battery method comprising: obtaining a positive electrode mixture including positive electrode active material (para 0012) and a (first) mixed solvent (15 parts PC, 15 parts γ-BL , and 70 parts DEC) and LiPF 6 / LiN (C 2 F 5 SO 2 ) (first lithium salt) (para 0013); obtaining a negative electrode mixture including negative electrode active material (para 0014) and a (second) mixed solvent (30 parts EC an d 70 parts DEC) and LiPF 6 / LiN (C 2 F 5 SO 2 ) (second lithium salt) (para 0015); and a separator therebetween (para 0007). Sunano does not teach forming a slurry containing a first monomer having two (meth)acryloyl groups, a second monomer having three or more (meth)acryloyl groups, a third lithium salt and a third solvent into a membrane, and then reacting the first monomer and the second monomer to obtain a separation membrane . Fan, directed to a gel polymer electrolyte 3D cross-linked polymer network for dendrite-free lithium metal batteries, teaches a slurry including PEGDA ( a first monomer having two acryloyl groups ), ETPTA (a second monomer having t hree acryloyl groups ), and LiTFSI particles and LiPF 6 in nonaqueous solution ( EC:DMC :DEC = 1:1:1) , then reacted (p. 1800559: Experimental Section). It would have been obvious to one of ordinary skill in the art before the effective filing date to have the separator made by the method because the in -situ synthesis way we adopt not only simplifies the assembly process of the LMBs greatly, but also improves the contact issues of anode and electrolyte compared with other traditional solid electrolytes (p. 1800559, right column) . Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sunano (JP 2002-280070), machine translation, in view of Fan et al. ( Adv. Sci. 2018, 5 , 1800559 ) as applied to claim 5 above, in further view of Saimen et al. (US 2014/0302399) . Regarding claim s 6 , Sunano and Fan do not further teach the second monomer having 4 (meth)acryloyl groups . Saimen , directed to an electrolyte-positive electrode structure and secondary battery, teaches the s olid electrolyte includes copolymers obtained by copolymerizing two or more monomers each having two or more acrylic groups (acryloyl groups) (para 0056). Examples of the monomers containing an acryloyl group include diacrylates, triacrylates , and tetraacrylates (para 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date to select monomers from the list recited that include two, three, and four (meth)acryloyl groups and combinations thereof to make the above s olid electrolyte , which can increase crosslink density to further increase the mechanical strength of the gel (para 0056). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fan et al. ( Adv. Sci. 2018, 5 , 1800559 ) in view of Saimen et al. (US 2014/0302399) . Regarding claim s 8 , Fan does not further teach the second monomer having 4 (meth)acryloyl groups . Saimen , directed to an electrolyte-positive electrode structure and secondary battery, teaches the s olid electrolyte includes copolymers obtained by copolymerizing two or more monomers each having two or more acrylic groups (acryloyl groups) (para 0056). Examples of the monomers containing an acryloyl group include diacrylates, triacrylates , and tetraacrylates (para 0056). It would have been obvious to one of ordinary skill in the art before the effective filing date to select monomers from the list recited that include two, three, and four (meth)acryloyl groups and combinations thereof to make the above s olid electrolyte , which can increase crosslink density to further increase the mechanical strength of the gel (para 0056). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CARLOS BARCENA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5780 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 8-5 pm . 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 Tong Guo can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-3066 . 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 . /CARLOS BARCENA/ Primary Examiner, Art Unit 1723
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Prosecution Timeline

Aug 23, 2023
Application Filed
Mar 17, 2026
Non-Final Rejection — §102, §103 (current)

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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
80%
Grant Probability
93%
With Interview (+12.5%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 1101 resolved cases by this examiner. Grant probability derived from career allow rate.

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