Prosecution Insights
Last updated: April 19, 2026
Application No. 18/282,153

CYLINDRICAL BATTERY, AND BATTERY PACK AND VEHICLE INCLUDING THE SAME

Non-Final OA §103
Filed
Sep 14, 2023
Examiner
FRANCIS, ADAM JOSEPH
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution, Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
149 granted / 202 resolved
+8.8% vs TC avg
Strong +25% interview lift
Without
With
+24.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
45 currently pending
Career history
247
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
57.6%
+17.6% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 202 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. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 09/14/2023, 02/04,2025, 02/07/2025, 07/31/2025, and 12/05/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 . Claim s 1, 3-4, 7-20, and 30-31 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 4 ]" Cheon et al. (US 2005/0287432 A1) in view of Dong (CN 112909445 A). Regarding claim 1 , Cheon discloses a cylindrical battery , comprising: an electrode assembly in which a first electrode, a second electrode, and a separator interposed therebetween are wound around a winding axis in a winding direction to define a core and an outer circumference of the electrode assembly (Figure 1; separator 21, positive electrode 22 and negative electrode 23 forms an electrode assembly) , the first electrode and the second electrode respectively including a first coated portion and a second coated portion coated with an active material layer along the winding direction (Figures 3-4; uncoated regions 23b and 22b) , the first electrode and the second electrode respectively including a first uncoated portion and a second uncoated portion not coated with an active material layer along the winding direction (Figures 3-4) , at least one of the first uncoated portion and the second uncoated portion being defined as an electrode tab by itself and including a core- side uncoated portion adjacent to the core of the electrode assembly (Figures 3-4; uncoated regions read as the tabs) , an outer circumference uncoated portion adjacent to the outer circumference of the electrode assembly (Figure 3-4; outer region in the X-axis is read as the outer uncoated portion) , and an intermediate uncoated portion interposed between the core-side uncoated portion and the outer circumference uncoated portion (Figures 3-4; central region of the uncoated region reads as the intermediate uncoated portion) , at least one of the core-side uncoated portion and the outer circumference uncoated portion having a relatively smaller height than the intermediate uncoated portion in a winding axis direction (Figures 3-4) ; a battery housing configured to accommodate the electrode assembly through an opening formed in a bottom thereof and electrically connected to the second uncoated portion (Figure 1; case 11 is used for housing the electrode assembly through the opening formed and is electrically connected to one of the electrodes to have the housing at an electrical potential and is provided in Figure 1 as the top region but can be a bottom region if the battery is flipped) ; an external terminal electrically connected to the first uncoated portion and exposed to the outside of the battery housing (Figure 1; terminal 31 is read as the external terminal that is exposed to an outside of the battery housing through a closed portion) ; and a cap plate configured to cover the opening of the battery housing (Figure 1; cap plate assembly 1 covers and closes the opening of the battery housing) . Cheon is silent with respect to a second terminal having a second polarity in which the terminal extends through a closed portion of the battery housing located opposite to the opening . Dong discloses a cylindrical lithium ion battery that is within a housing and is analogous with the instant invention as being within the same field of endeavor of batteries. Dong discloses in Figure 1 of a battery casing having two openings one at each end of the housing structure wherein terminals extend from an inside of the housing to an outside of the housing at both ends (Figure 1;[59] positive terminal 33; [70] negative terminal is connected to the cover plate made of iron to lead the negative current outside of the battery as the cover 43 extends out of the battery casing end portion). This structure attributes to having benefits of a compact structure, high energy density, strong overcurrent capability and is suitable for large rate charging and discharging ([32-33]). Therefore, it would have been obvious in view of a skilled artisan to modify the battery housing structure of Cheon such as the bottom portion of the casing/ electrode structure of Cheon has an opening in which the electrode tab can be connected to a battery cover that has a protruding terminal region that seals the bottom region of the battery as taught by Dong. The structure disclosed by Dong of both ends of the electrode assembly having a terminal extending from the ends of the battery casing is an alternative structure to that taught by Cheong and for providing the benefits of forming a high energy density battery that is sufficiently sealed through welding. The resulting combination would read on the battery housing having a bottom end that extends into the terminal as Dong discloses wherein both the housing ends extend into the terminal region/cap plate as seen in Figure 1 of Dong. Regarding claim 3 , modified Cheon discloses all the claim limitations of claim 1. Cheon further discloses wherein a surface of the external terminal exposed to the outside of the battery housing is a first terminal (Figures 1; first terminal reading as the external terminal 31a), and A portion of the outer surface of the closed portion of the battery housing, which is parallel to an upper surface of the first electrode terminal is a second electrode terminal (Cheong Figure 1 and see modification of claim 1 as the second terminal can be parallel with the first terminal and be provided at the bottom region of the battery housing). Regarding claim 4 , modified Cheon discloses all the claim limitations of claim 1. Cheon further discloses wherein the external terminal is located at a central of the closed portion (Figure 1 and see modification of claim 1 as the terminals are provided in central regions of the closed regions). Regarding claim 7 , modified Cheon discloses all the claim limitations of claim 1. Dong further discloses a beading portion located adjacent to the opening of the battery housing (Figure 1; beading and crimping region shown in Dong figure 1); A crimping portion extending inward at the opening to surround an edge of the cap plate (Figure 1 below- Dong Figure 1); and A sealing gasket compressed by the crimping portion in a state of being interposed between the opening of the battery housing and the cap plate to isolate the cap plate and the opening of the battery housing from each other (Figure 1 below; the seal portion formed between the cap plate and the opening of the housing). Regarding claim 8 , modified Cheon discloses all the claim limitations of claim 1. Cheon further discloses wherein at least a partial region of the intermediate uncoated portion includes a plurality of segments that that are independently bendable (Figure 5 below; the uncoated region having a stepped structure or a continuously increasing height as seen in Figure 3; the tabs can be bent independently and the second part is read as the intermediate part). Regarding claim 9 , modified Cheon discloses all the claim limitations of claim 8. Cheon further discloses wherein at least one of height in the winding axis direction and width in the wi nding direction of the plurality of segments increases stepwise individually or by group form the core towards the outer circumference of the electrode group ( Cheon Figure 5 above; stepwise increase). Regarding claim 10 , modified Cheon discloses all the claim limitations of claim 8. Cheon further discloses wherein the plurality of segments include a plurality of segment groups from the core towards the outer circumference of the electrode assembly ( Cheon Figure 5 above), and the segments belonging to a same segment group of the plurality of segments groups are identical in terms of at least one of width, heigh, and separation pitch (Figure 5, the different steps shows can have a plurality of segments in each having at least the same height and width). Regarding claim 11 , modified Cheon discloses all the claim limitations of claim 10. Cheon further discloses wherein the segments belonging to the same segment group increase stepwise in terms of at least one of width, height and separation pitch (Figure 5; some groups can have multiple stepped segments in at least the height direction). Regarding claim 12 , modified Cheon discloses all the claim limitations of claim 8. Cheon further discloses wherein the plurality of segments are bent toward the core and overlapped in several layers along the winding axis ( Cheon as Figure 7 discloses wherein the 22b is bent and thus the third part corresponding to the uncoated region can be bent and are shown to have a least a portion that is overlapped ). Regarding claim 13 , modified Cheon discloses all the claim limitations of claim 12. Modified Cheon is silent with respect to wherein a radial length of the core side uncoated portion and a bending length of the innermost segment of the intermediate uncoated portion satisfy the relationship H<= R. Examiner notes that this appears to be related to relative sizes of the uncoated portion. Therefore, it would have been obvious in view of a skilled artisan to adjust the size of the radial length of the core side uncoated portion to be larger than the bending length of the innermost segment of the intermediate uncoated portion as a simple change in size absent evidentiary data or showing of unexpected results. The size of an article is not a matter of invention. See In re Rose , 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04). Regarding claim 14 , modified Cheon discloses all the claim limitations of claim 8. Cheon further discloses wherein a gap is provided between a bottom of a cutting line of each segment and the active material ( Cheon Figures 3-4 having the dashed line that reads as the folded region and is read as the gap between the active material and bottom of the cut line of each segment). Regarding claim 15 , modified Cheon discloses all the claim limitations of claim 1. Cheon further discloses wherein the first uncoated portion is defined as the electrode tab itself (Figures 3-4), Wherein the first uncoated portion includes the core side uncoated portion adjacent to the core of the electrode assembly (Figure 3-4; core side is shown to be the left side of the figures), the outer circumference uncoated portion adjacent to the outer circumference of the electrode assembly (Figures 3-4; outer circumference portion is deemed to be the right side of the figures), and the intermediate uncoated portion interposed between the core-side uncoated portion and the outer circumference uncoated portion (Figures 3-4; middle region), Wherein the intermediate uncoated portion of the first uncoated portion includes a plurality of segments that are independently bendable (Figure 5 below; the uncoated region having a stepped structure or a continuously increasing height as seen in Figure 3; the tabs can be bent independently and the second part is read as the intermediate part), and Wherein the plurality of segments of the first uncoated portion are bent towards the core to define a bent surface of the segments at one end of the electrode assembly (Figure 7; tabs can be bent towards the core). Regarding claim 1 6 , modified Cheon discloses all the claim limitations of claim 1. Cheon further discloses a first current collecting plate coupled to the bent surface of the segments of the first uncoated portion (Figure 7; current collecting plate 50 onto the uncoated regions that are bent); and An insulator interposed between the first current collecting plate and an inner surface of the closed portion (Figure 1; gasket 32 formed of an insulating material) . Dong further discloses wherein the external terminal has an insulating layer 34 provided between a lower end of the electrode assembly and current collecting plate. Modified Cheon is silent with respect to wherein an end of the external terminal facing the electrode assembly is coupled to the first current collecting plate through the insulator, however, it would have been obvious through a skilled artisan to rearrange the battery of Cheon such that that insulator directly coupled the first current collecting plate and external terminal as a simple rearrangement/orientation of the battery system of modified Cheon . The resulting modification would have at least a portion of the insulator contacting the terminal and current collecting plate to couple the terminal and collecting plate together. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse , 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). Regarding claim 1 7 , modified Cheon discloses all the claim limitations of claim 7. Cheon further discloses wherein the second uncoated portion is defined as the electrode tab itself (Figures 3-4; second uncoated portion can be the uncoated portion in Figure 4), Wherein the second uncoated portion includes the core side uncoated portion adjacent to the core of the electrode assembly (Figure 3-4; core side is shown to be the left side of the figures), the outer circumference uncoated portion adjacent to the outer circumference of the electrode assembly (Figures 3-4; outer circumference portion is deemed to be the right side of the figures), and the intermediate uncoated portion interposed between the core-side uncoated portion and the outer circumference uncoated portion (Figures 3-4; middle region), Wherein the intermediate uncoated portion of the second uncoated portion includes a plurality of segments that are independently bendable (Figure 5 below; the uncoated region having a stepped structure or a continuously increasing height as seen in Figure 3; the tabs can be bent independently and the second part is read as the intermediate part), and Wherein the plurality of segments of the second uncoated portion are bent towards the core to define a bent surface of the segments at one end of the electrode assembly (Figure 7; tabs can be bent towards the core). Regarding claim 1 8 , modified Cheon discloses all the claim limitations of claim 17. Cheon further discloses a second current collecting plate coupled to the bent surface of the segments of the second uncoated portion (Figure 1; current collecting plate 70). Dong further discloses wherein at least a part of an edge of the second current collecting plate extends towards an inner surface of the beading portion and is interposed and fixed between the inner surface of the beading portion and the sealing gasket (Dong Figure 1; cover plate reading as the collecting plate in which tabs of the Cheon extends to be contacted with the cover plate; the cover plate is between the sealing gasket and the beading portion; see modification of claim 1 as Cheon and Dong renders obvious the structure of the independent claim 18). Regarding claim 1 9 , modified Cheon discloses all the claim limitations of claim 7. Cheon further discloses wherein the cap plate includes a venting portion having a smaller thickness than an adjacent area of the cap plate (Figure 1; [0031] cap assembly having a vent plate 33 having a thinner thickness than the rest of the cap assembly). Regarding claim 20 , modified Cheon discloses all the claim limitations of claim 7. Cheon further discloses wherein when the cylindrical battery is erected to that the cap plate faces the ground, a bottom of the cap plate is located higher than a bottom of the battery housing (Figure 1). The limitations of claim 20 comprises the phrase “wherein when” which is deemed to be a conditional limitation that is not being required by the claim and thus not given patentable weight as thing phrasing does not positively recite the limitations as being needed in the claim. Regarding claim s 30 - 31 , modified Cheon according to claim 1 discloses a vehicle comprising a battery pack comprising a plurality of cylindrical batteries ([0050] batteries in vehicles). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 4 ]" Cheon et al. (US 2005/0287432 A1) in view of Dong (CN 112909445 A) as applied to claim 1 and further in view of Yun (US 2015/0050547 A1) . Regarding claim 2 , modified Cheon discloses all the claim limitations of claim 1. Cheon is silent with respect to wherein the cap plate is insulated from the battery housing and not electrically connected to the electrode assembly to have no polarity. Yun discloses a rechargeable battery that is analogous with the instant invention as being within the same field of endeavor of battery cells. Yun discloses wherein a cap plate can contain a terminal that extends out and wherein the casing and cap plate are insulated from the terminal ([0008-0015]) to prevent shorting of the cell. Therefore, it would have been obvious in view of a skilled artisan to provide an electrical insulation between the cap plate and the battery housing and terminal such that the cap plate is not electrically connected to the electrode assembly as a terminal can extend out of the cap plate instead of being used as the terminal as taught by Yun. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Cheon et al. (US 2005/0287432 A1) in view of FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Dong (CN 112909445 A) as applied to claim 1 above, and further in view of Mori et al. (US 2006/0063063 A1). Regarding claim 5 , modified Cheon discloses all the claim limitations of claim 1. Cheon further discloses wherein the external terminal includes a terminal exposing portion extending to an outer side of the battery housing (Figure 1 of Cheon and see modification of claim 1); and A terminal inset portion configured to extend through the edge of the battery housing (Figure 1). Cheon is silent with respect to the terminal having a rivet portion and a terminal insert portion that extends through the closed portion of the battery housing to then riveted such that the edge of the bottom terminal insert facing the electrode assembly is riveted toward an inner surface of the closed portion. Mori discloses a secondary battery and is analogous with the instant invention as being in the same field of endeavor. Mori discloses a secondary battery having terminals that extend from both end portions of the secondary battery of Figure 1 wherein a cathode collector member 16 is provided on a bottom portion and an anode collector member 17 is provided at an upper region of the battery assembly. The battery terminal 36 appears have a similar shape of a rivet terminal installed in the opening of one end of the electrode assembly (Figure 1). The bottom region of the electrode assembly of Figure 1 has a pressure release valve that is reading on the sealing portion of the battery. The terminal and the gas vent appear to be connected to different collector members 16 and 17. Therefore, it would have been obvious in view of a skilled artisan to modify the configuration of modified Cheon to have the casing configuration as disclosed by Mori such that the terminal is a rivet terminal that is connected to the one of the current collector members and insulated from the housing and wherein the housing has a pressure relief region that is electrically connected to a portion of the housing. The modification would read on the structure of claim 5 as the terminal will be a rivet terminal. Regarding claim 6 , modified Cheon discloses all the claim limitations of claim 5. Modified Cheon further discloses wherein an insulating gasket interposed between the battery housing and the external terminal is provided on the closed portion of the battery housing (Figure 1; gasket 32), and Wherein a part of the insulating gasket interposed between the edge of the bottom of the terminal insert portion and the battery housing contacts the inner surface of the closed portion by the riveting (Mori Figure 6; the terminal 36 is provided with a rivet shape and has a gasket that extends around the regions of the terminal/rivet shape that would read on the insulating gasket being interposed between the edge of the bottom of the terminal insert portion and the battery housing and contacts the inner surface of the closed portion by the riveting). Claim s 21 -22 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Cheon et al. (US 2005/0287432 A1) in view of FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Dong (CN 112909445 A) as applied to claim 1 above, and further in view of Nakamura (JP 2017143003 A). Regarding claim 21 , modified Cheon is silent with respect to a first and second sliding portion having a decreased active material thickness are provided on opposite directions along the winding axis. Nakamura discloses a power storage device and is analogous with the instant invention as being within the same field of endeavor of batteries. Nakamura discloses wherein the negative electrode and positive electrode comprise inclined surfaces in which the active material has a reduced thickness of the active material on the electrode base material near ends of the electrode in order to keep the thickness of the active material layers constant and contacting the separator and thus reduce the short circuit of the cell when deformed ([0007,0043-0045]). Therefore, it would have been obvious in view of a skilled artisan to reduce the thickness of the active material layer at the end regions in which electrode tabs extend in order to prevent a short circuit of the cell when the battery is deformed as taught by Nakamura. Nakamura’s reduced portions read as the sliding portion having an active material layer thickness being reduced and would have been obvious in view of the combination to prevent shoring of the battery cell when deformed. Thus all the claim limitations of claim 21 are rendered obvious through the combination. Regarding claim 2 2 , modified Cheon discloses all the claim limitations of claim 21. Nakamura further discloses wherein the first coated portion of the first electrode includes a loading reduction portion in which the loading amount of the active material is reduced (Nakamura Figure 5-6 the inclined surface having a reduced active material and thus reduced loading and/or thickness amount is provided and can also be the second sliding portion). Nakamura discloses wherein a reduced thickness occurs and thus when a reduced thickness occurs a reduction in loading is also produced as there is less active material to keep the same loading and thus the reduction of the amount of active material will result in decreased thickness and loading. Claim s 23 -26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Cheon et al. (US 2005/0287432 A1) in view of FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Dong (CN 112909445 A) as applied to claim 1 above, and further in view of Kadowaki et al. (US 2023/0118425 A1). Regarding claim 23 , modified Cheon discloses all of the claim limitations of claim 1. Cheon discloses the use of active material, however, is silent with respect to the Dmin , Dmax , and D50 values for the positive electrode active material being a single particle. Kadowaki discloses a positive electrode active material and is analogous with the instant invention as being within the same field of endeavor of batteries. Kadowaki discloses wherein a positive electrode active material can comprise a lithium metal composite oxide forming primary particles ([0130-0132]), wherein the active material particles has a Dmax value of less than 40 micrometers ([0012]), a D50 of 3-15 micrometers ([0012]) and a Dmax / Dmin ratio of 8-40 ([0013] Dmin calculated to have a value between 0.53-2.66 when Dmax is chosen to be 15 and D50 chosen to be 4.5). Therefore, it would have been obvious in view of a skilled artisan to substitute the positive electrode active material of Cheon for the single particle active material having the diameter relationship as taught by Kadowaki as a simple substitution of one active material for another. The resulting modification would render obvious the Dmin , D50, and Dmax values as Dmin =0.5-2.66, Dmax is less than 40 such 15 micrometers, and D50 can be 4.5 micrometers . The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc. , 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 24 , modified Cheon discloses all the claim limitations of claim 23. Kadowaki further discloses a particle size distribution (PSD) of 3 or less as Dmax can be 15 micrometers; Dmin can be 2.66 micrometers and D50 can be 4.5 micrometers thus giving a particle size distribution of 2.74 which is below 3, see modification of claim 23. Additionally, the resulting modification would render obvious a unimodal particle size distribution of a single peak as the material and sizes are the same and thus the peak would be expected to be the same as the claimed peak. Examiner relies upon a teaching used within Kadowaki and examiner notes that other ranges and values are within the ranges taught that would read on the claimed PSD. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Regarding claim 2 5 , modified Cheon discloses all the claim limitations of claim 23. Kadowaki further discloses wherein the single particle is provided in an amount of 95-100 wt % of the active material ( Kadowaki [0284-0285] positive electrode active material layer contains the active material and may contain additional materials that appear to be optional and thus can be 100 wt % the active material particle). Regarding claim 2 6 , modified Cheon discloses all the claim limitations of claim 23. Kadowaki further discloses wherein the positive electrode active material comprises a lithium nickel containing oxide comprising 80 mol% or more of Ni based on the total number of moles of a transition metal ([0219] a lithium metal oxide that can contain nickel is provided and wherein y and z can be =0 thus Nickle can be 100 mol% the transition metal; additionally, if y and z are very small than the nickel can be at least overlapping with the claimed range; and thus nickel can be provided at any ratio when compared to the transition metal according to [0219] of Kadowaki and thus renders obvious the claimed ranges). Regarding claim 2 8 , modified Cheon discloses all the claim limitations of claim 23. Modified Cheon is silent with respect to carbon nanotubes being provided in the active material. Kadowaki further discloses wherein the active material can comprise a conductive component such as carbon nanotubes ([0311-0312]). Therefore, it would have been obvious in view of a skilled artisan to incorporate the carbon nanotubes into the active material layer in order to enhance the conductivity of the active material as taught by Kadowaki . Claim 27 are rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Cheon et al. (US 2005/0287432 A1) in view of FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Dong (CN 112909445 A) and Kadowaki et al. (US 2023/0118425 A1) as applied to claim 23 above, and further in view of Christensen et al. (US 2008/0206641 A1). Regarding claim 27 , modified Cheon discloses all the claim limitations of claim 23. Modified Cheon is silent with respect to the porosity of the active material and the active material comprising flake graphite in a weight percentage of 0.05-5 wt %. Christensen discloses an electrode and is analogous with the instant invention as being within the same field of endeavor of electrodes for batteries. Christensen discloses wherein the active material can have a porosity of less than 20% and wherein the active material can comprise a conducting diluent such as flake graphite at a weight percentage of 2 wt % ([0005-0007, [0043], [0058]). Therefore, it would have been obvious in view of a skilled artisan to modify the porosity of the active material to have a porosity of less than 20% as taught by Christensen to allow for ions the conduct through the active material and to incorporate the flake graphite in a weight percentage of around 2 % into the active material in order to further enhance the conductivity of the active material as taught by Christensen. The resulting modification would render obvious all the claim limitations of claim 27 as both the porosity and flake graphite are known in the art and can be used to aid the electrode in conductivity. Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Cheon et al. (US 2005/0287432 A1) in view of FILLIN "Insert the prior art relied upon." \d "[ 2 ]" Dong (CN 112909445 A) and Kadowaki et al. (US 2023/0118425 A1) as applied to claim 23 above, and further in view of Subramanian et al. (US 2022/0376248 A1). Regarding claim 29, modified Cheon discloses all the claim limitation of claim 23. Modified Cheon is silent with respect to the active material layer comprising a silicon and carbon negative electrode wherein the silicon to carbon in the negative electrode active material is 1:99 to 20:80. Subramanian discloses a lithium ion battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Subramanian discloses a negative electrode comprising a carbon based and silicon based material in which the silicon material is provided between 5-40 weight percentage of the negative electrode active material in order to provide a battery cell with high power and large capacity ([0005,0014-0015]). Therefore, it would have been obvious in view of a skilled artisan to substitute the negative electrode active material of Cheon for the active material of Subramanian such that the active material comprises a carbon-silicon composite in which silicon is provided between 5-40 weight percentage as taught by Subramanian in order to increase and provide a battery cell with high power and large capacity as disclosed by Subramanian. The resulting modification would render obvious all the claim limitations of claim 29. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tikhonov et al. (US 2013/0236757 A1)- discloses a cell assembly having a neutral case. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Adam J Francis whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1021 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-Th: 7 am-4 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 Matthew Martin can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-7871 . 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. /ADAM J FRANCIS/ Primary Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Sep 14, 2023
Application Filed
Mar 18, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+24.8%)
3y 0m
Median Time to Grant
Low
PTA Risk
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