Prosecution Insights
Last updated: April 19, 2026
Application No. 18/281,080

POSITIVE ELECTRODE FOR NONAQUEOUS ELECTROLYTE SECONDARY BATTERIES, METHOD FOR PRODUCING POSITIVE ELECTRODE FOR NONAQUEOUS ELECTROLYTE SECONDARY BATTERIES, AND NONAQUEOUS ELECTROLYTE SECONDARY BATTERY

Non-Final OA §103
Filed
Sep 08, 2023
Examiner
SMITH, JEREMIAH R
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Panasonic Energy Co., Ltd.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
83%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
449 granted / 774 resolved
-7.0% vs TC avg
Strong +25% interview lift
Without
With
+25.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
51 currently pending
Career history
825
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
51.8%
+11.8% vs TC avg
§102
21.3%
-18.7% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 774 resolved cases

Office Action

§103
DETAILED ACTION Application 18/281080 , “ POSITIVE ELECTRODE FOR NONAQUEOUS ELECTROLYTE SECONDARY BATTERIES, METHOD FOR PRODUCING POSITIVE ELECTRODE FOR NONAQUEOUS ELECTROLYTE SECONDARY BATTERIES, AND NONAQUEOUS ELECTROLYTE SECONDARY BATTERY ”, is the national stage entry of a PCT application filed on 3/26/21 and claims priority from a foreign application filed on 3/26/21 . The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This Office Action on the merits is in response to communication filed on 9/8/23 . 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 of this title, 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 sk ill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Shinoda (US 2021/0376319) and Ishii (US 2019/0144586). Regarding claim 1 , Shinoda (US 2021/0376319) teaches a positive electrode (paragraph [0006, 0017-0018]) for non-aqueous electrolyte secondary battery (paragraphs [0136]) , comprising a positive electrode current collector and a positive electrode mixture layer formed on a surface of the positive electrode current collector (paragraph [0006, 0017-0018]) , wherein the positive electrode mixture layer contains a positive electrode active material, a conductive agent, and a binder (paragraph [0018]) , and a weight average molecular weight of the binder is 1,300,000 or more (paragraph [0105]). Shinoda does not appear to teach wherein in a particle size distribution of the binder, D10 and D90 satisfy D90-D10≥100 µm. In the battery art, Ishii teaches an electrode composition comprising a D90-D10 value of ≥ 100 µm ( paragraphs [0110-0113] generally suggest the claimed range; see also Table 1, Example 6 exhibits a D10 of 34 and a D90 of 203, for a D90-D10 value lying within the claimed range), and that such a composition provides a desirable combination of fluidity, solubility, coatability and uniformity (paragraphs [0110, 0112]) and favorable characteristics such as desirable fluidity, coatability and high-voltage characteristics (paragraph [0233]). It would have been obvious to a person having ordinary skill in the art at the time of invention to configure the binder of Shinoda to have a D90-D10 value of ≥ 100 µm since Ishii teaches that binders having D90 and D10 values consistent with this inequality may provide favorable characteristics associated with solubility, uniformity, fluidity, coatability and/or high-voltage characteristics as taught by Ishii. Regarding claim 2 , the cited art remains as applied to claim 1. Shinoda further teaches wherein, in the positive electrode mixture layer, a content of the binder relative to 100 parts by mass of the positive electrode active material is less than 1 part by mass (“may be 1.0% mass or less”, paragraph [0118]). Regarding claim 3 , the cited art remains as applied to claim 1. Shinoda further teaches wherein the binder is at least one of polyvinylidene fluoride, a derivative of polyvinylidene fluoride, and a copolymer containing vinylidene fluoride (paragraph [0006]). Regarding claim 4 , the cited art remains as applied to claim 1. Shinoda further teaches a method (paragraphs [0126-0128, 0134]) for producing a positive electrode (paragraph [0006, 0017-0018]) for non-aqueous electrolyte secondary battery (paragraphs [0136]) , comprising: a positive electrode mixture slurry preparation step of preparing a positive electrode mixture slurry by mixing a positive electrode active material, a conductive agent, and a binder (paragraph [0128]) ; and a positive electrode mixture layer formation step of forming a positive electrode mixture layer by applying the positive electrode mixture slurry onto a surface of a positive electrode current collector and performing drying and rolling (paragraphs [0018, 0134, 0166]) , wherein a weight average molecular weight of the binder is 1,300,000 or more ( paragraph [0105] ). Shinoda does not expressly teach wherein the mixing is performed by kneading. In the battery art, Ishii teaches preparing a positive electrode material layer comprising a kneading step performed for 20 minutes at 60 rpm (paragraph [0219]). It would have been obvious to a person having ordinary skill in the art at the time of invention to utilize kneading for the benefit of ensuring that the mixture is fully mixed, homogenized and/or kneaded as taught by Ishii. Shinoda does not appear to teach wherein in a particle size distribution of the binder, D10 and D90 satisfy D90-D10≥100 µm. However, this limitation is obvious in view of Ishii as previously described in the rejection of claim 1. Regarding claim 5 , the cited art remains as applied to claim 1. Shinoda further teaches the positive electrode as a subcomponent of a non-aqueous electrolyte secondary battery further including a negative electrode, and a non-aqueous electrolyte (paragraph [0136]). Relevant or Related Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, though not necessarily pertinent to applicant’s invention as claimed. Park (US 2016/0233512) binder comprising particles of different sizes, but smaller than claimed range; Yamamoto (US 2019/0044148) binder comprising particles of different sizes, but smaller than claimed range; Wang (US 2019/0305316) binder composition comprising fibrilized and non- fibrilized particles having differing sizes. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JEREMIAH R SMITH whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7005 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri: 9 AM-5 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, FILLIN "SPE Name?" \* MERGEFORMAT Tiffany Legette-Thompson can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-7078 . 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. /JEREMIAH R SMITH/ Primary Examiner, Art Unit 1723
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Prosecution Timeline

Sep 08, 2023
Application Filed
Mar 13, 2026
Non-Final Rejection — §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
58%
Grant Probability
83%
With Interview (+25.3%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 774 resolved cases by this examiner. Grant probability derived from career allow rate.

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