Prosecution Insights
Last updated: October 02, 2026
Application No. 18/300,794

ELECTROCHEMICAL APPARATUS AND ELECTRONIC APPARATUS

Non-Final OA §103
Filed
Apr 14, 2023
Priority
Oct 15, 2020 — continuation of PCT/CN2020/121179 +1 more
Examiner
SONG, KEVIN
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ningde Amperex Technology Limited
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
28 granted / 40 resolved
+5.0% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
40 currently pending
Career history
89
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
75.2%
+35.2% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 40 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/04/2026 has been entered. Response to Arguments Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. Applicant argues that the combination of example 1 of Hirano having an adhesion strength of 196 N/cm2 and the most preferred propionate range of 30-40 wt% as disclosed by Wang does not fall within the claimed range of 7.5 ≤ F/X ≤ 25. Applicant further argues that the other examples as disclosed by Hirano in combination with the preferred propionate range of 30-40 wt% also fall outside of the claimed range, apart from example 7 having an adhesion strength of 225 N/cm2 yielding F/X=7.5. Thus, applicant submits that none of the examples provided by Hirano in combination with Wang teach the claimed ranges, including the specific surface area limitation as claimed. However, the full disclosure of Hirano is not limited to the provided examples. Hirano discloses that the adhesion strength of the negative electrode active substance is 98 N/cm2 or more, or 150 to 250 N/cm2 in which more can be achieved (see e.g., Hirano; [0056]). Hirano also discloses that the BET specific surface area of the graphite particles is 3-7 m2/g (see e.g., Hirano; [0040]). Thus, when Hirano is modified by Wang which provides a propionate range most preferably in 30-40 wt%, the combination of the adhesion strength of 98 N/cm2 or more, or 150 to 250 N/cm2 results in an overlapping range; from the adhesion strength of 98 N/cm2 or more as disclosed by Hirano and Wang's most preferable range of 30-40 wt% of propionate, the ratio F/X may be in the range of greater than 3.26 or greater than 2.45, which overlaps with the claimed range of wherein 7.5≤F/X≤25. Furthermore, the provided 150 to 250 N/cm2 in which “more can be achieved” combined with the preferred range of 30-40 wt% of propionate results in a F/X range of 3.75 to 8.33, which also overlaps with the claimed range of 7.5-25. Therefore, from the complete disclosure of Hirano in combination with Wang, there is overlap with the claimed range of F/X. The disclosed 3-7 m2/g BET specific surface area of Hirano is applied in combination with the adhesion strength and propionate range as described above. That is, the BET specific surface area of Hirano is also not limited to only the examples, and the full range of 3-7 m2/g as disclosed by Hirano is applied to the combination of adhesion strength and propionate inclusion, which therefore meets all the limitations as claimed. 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. 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) 1-4, 8-10, 16-19, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (JP-2011204576-A) (see translation), and in further view of Wang (CN-109980225-A) (see US2020303767A1 for translation and reference). Regarding claim 1, Hirano discloses an electrochemical apparatus (see e.g., Hirano; [0001]), comprising a positive electrode, a negative electrode, and an electrolyte (see e.g., Hirano; [0061]); wherein the negative electrode comprises a negative electrode current collector and a negative electrode mixture layer disposed on the negative electrode current collector (see e.g., Hirano; [0076], [0015], [0009], [0013] regarding negative electrode slurry on negative electrode plate or core material), and the negative electrode mixture layer comprises a negative electrode active substance (see e.g., Hirano; [0009] regarding graphite particles); adhesion strength of the negative electrode active substance is 98 N/cm2 or more, or 150 to 250 N/cm2, and also provides examples of 196 N/cm2, 215 N/cm2, 176 N/cm2, 147 N/cm2, 225 N/cm2 (see e.g., Hirano; table 1, [0056], [0077], [0087], [0118], [0122], [0125], [0129] regarding graphite binding strength), which falls within the claimed range of F N/cm2, 100 ≤ F ≤ 500. Hirano discloses that the BET specific surface area of the graphite particles is 3-7 m2/g (see e.g., Hirano; [0040]), that the specific surface area may decrease after drying (see e.g., Hirano; [0054]), and that in example 3 the BET specific surface area of the negative electrode mixture layer is 3.5 m2/g after drying (see e.g., Hirano; [0091]), and in example 7 wherein the BET specific surface area of the negative electrode mixture layer is 3.0 m2/g after drying (see e.g., Hirano; [0129]), which overlaps with the claimed range of negative electrode mixture layer of A m2/g where 3 ≤ A ≤ 5. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had selected a negative electrode graphite material such that the BET specific surface area of the negative electrode mixture layer is 3.5 m2/g or 3.0 m2/g as disclosed by Hirano in order to provide high peel strength, interparticle strength, excellent capacity retention, minimal swelling (see e.g., Hirano; [0111], [0132]). Hirano does not explicitly disclose the electrolyte comprises propionate, wherein based on a weight of the electrolyte, a percentage of the propionate is X%, 20 ≤ X ≤ 62.5 and 7.5 ≤ F/X ≤ 25. However, Wang discloses an electrolyte comprising propionate (see e.g., Wang; [0006], claim 1). Wang is further analogous art because Wang discloses the electrolyte in a secondary battery and also discloses similar lithium salts (see e.g., Wang; [0023]). Wang discloses that 10-65 wt% of the electrolyte may be propionate, and most preferably 30-40 wt% (see e.g., Wang; [0060]), which overlaps with the claimed range of 20-62.5 wt%. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano by providing propionate at 30-40 wt% of the electrolyte in order to achieve a more excellent effect of improving chemical stability, inhibiting gas production after high-temperature charging to thereby reduce thickness expansion of the electrochemical device (see e.g., Wang; [0054], [0060]). From the adhesion strength of 98 N/cm2 or more as disclosed by Hirano and Wang's most preferable range of 30-40 wt% of propionate, the ratio F/X may be in the range of greater than 3.26 or greater than 2.45, which overlaps with the claimed range of wherein 7.5≤F/X≤25. Regarding claim 2, modified Hirano teaches the electrochemical apparatus according to claim 1, wherein the negative electrode mixture layer comprises rubber such as styrene butadiene rubber (SBR) (see e.g., Hirano; [0009], [0031]), which overlaps with the claimed rubber comprising at least one of styrene-butadiene rubber, isoprene rubber, butadiene rubber, fluorine rubber, acrylonitrile-butadiene rubber, or styrene-propylene rubber. Regarding claim 3, modified Hirano teaches the electrochemical apparatus according to claim 2. Hirano also discloses wherein in addition, acrylonitrile, acrylic acid, methacrylic acid, 2-ethylhexyl acrylate, and butyl acrylate can be used (see e.g., Hirano; [0031]), which have acrylic functional groups and therefore overlaps with the claimed group of at least one of an acrylic functional group, a chlorotrifluoroethylene functional group, or a hexafluoropropylene functional group. Regarding claim 4, modified Hirano teaches the electrochemical apparatus according to claim 1. Hirano does not explicitly disclose 5 ≤ X ≤ 65. However, Wang discloses that 10-65 wt% of the electrolyte may be propionate, and most preferably 30-40 wt% (see e.g., Wang; [0060]), which overlaps with the claimed range of 5-65. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano by providing propionate at 30-40 wt% of the electrolyte in order to achieve a more excellent effect of improving chemical stability, inhibiting gas production after high-temperature charging to thereby reduce thickness expansion of the electrochemical device (see e.g., Wang; [0054], [0060]). Regarding claim 8, modified Hirano teaches the electrochemical apparatus according to claim 1. As above regarding claim 1, Hirano discloses an example wherein the specific surface area of the negative electrode mixture layer is 3.5 m2/g or 3.0 m2/g (see e.g., Hirano; [0054], [0091]). As above regarding claim 1, Hirano discloses adhesion strength of the negative electrode active substance in the same example 1 or example 3 of 196 N/cm2 (Hirano; table 1). Therefore, the ratio F/A=196/3.0=65.3 or F/A=196/3.5=56, which both overlaps with the claimed range of 20 ≤ F/A ≤ 250. Therefore, modified Hirano also teaches the claimed range wherein 20 ≤ F/A ≤ 250. Regarding claim 9, modified Hirano teaches the electrochemical apparatus according to claim 1. As above regarding claim 1, Hirano discloses an example wherein the specific surface area of the negative electrode mixture layer is 3.5 m2/g or 3.0 m2/g (see e.g., Hirano; [0054], [0091]). As above regarding claim 1, Hirano discloses adhesion strength of the negative electrode active substance in the same example 1 and example 3 of 196 N/cm2 (Hirano; table 1). Therefore, the ratio F/A=196/3.0=65.3 or F/A=196/3.5=56, which both overlaps with the claimed range of 30 ≤ F/A ≤ 125. Therefore, modified Hirano also teaches the claimed range wherein 30 ≤ F/A ≤ 125. Regarding claim 10, modified Hirano teaches the electrochemical apparatus according to claim 1. Hirano also discloses that the negative electrode active material may be graphite, and may have an average particle size of the graphite particles of 14 to 25 μm, or more preferably 16 to 23 μm (see e.g., Hirano; [0037]). Therefore, Hirano discloses at least characteristics (a) and (b) of the claimed: wherein the negative electrode active substance has at least one of the following characteristics: (a) having a median particle size of 5 µm to 30 µm; (b) comprising at least one of artificial graphite, natural graphite, mesocarbon microbeads, soft carbon, hard carbon, amorphous carbon, a silicon-containing material, a tin-containing material, or an alloy material; or (c) comprising a metal, wherein the metal comprises at least one of molybdenum, iron, or copper; and based on a weight of the negative electrode mixture layer, a percentage of the metal is lower than 0.05%. Regarding claim 16, Hirano discloses an electronic apparatus (see e.g., Hirano; [0132], regarding the battery being used in portable electronic devices), comprising an electrochemical apparatus (see e.g., Hirano; [0001]), comprising a positive electrode, a negative electrode, and an electrolyte (see e.g., Hirano; [0061]); wherein the negative electrode comprises a negative electrode current collector and a negative electrode mixture layer disposed on the negative electrode current collector (see e.g., Hirano; [0076], [0015], [0009], [0013] regarding negative electrode slurry on negative electrode plate or core material), and the negative electrode mixture layer comprises a negative electrode active substance (see e.g., Hirano; [0009] regarding graphite particles); adhesion strength of the negative electrode active substance is 98 N/cm2 or more, or 150 to 250 N/cm2, and also provides examples of 196 N/cm2, 215 N/cm2, 176 N/cm2, 147 N/cm2, 225 N/cm2 (see e.g., Hirano; [0056], [0077], [0087], [0118], [0122], [0125], [0129] regarding graphite binding strength), which overlaps with the claimed range of F N/cm2, 100 ≤ F ≤ 500; Hirano discloses that the BET specific surface area of the graphite particles is 3-7 m2/g (see e.g., Hirano; [0040]), that the specific surface area may decrease after drying (see e.g., Hirano; [0054]), and that in example 3 the BET specific surface area of the negative electrode mixture layer is 3.5 m2/g after drying (see e.g., Hirano; [0091]), and in example 7 wherein the BET specific surface area of the negative electrode mixture layer is 3.0 m2/g after drying (see e.g., Hirano; [0129]), which overlaps with the claimed range of negative electrode mixture layer of A m2/g where 3 ≤ A ≤ 5. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had selected a negative electrode graphite material such that the BET specific surface area of the negative electrode mixture layer is 3.5 m2/g or 3.0 m2/g as disclosed by Hirano in order to provide high peel strength, interparticle strength, excellent capacity retention, minimal swelling (see e.g., Hirano; [0111], [0132]). Hirano does not explicitly disclose the electrolyte comprises propionate, wherein based on a weight of the electrolyte, a percentage of the propionate is X%, 20 ≤ X ≤ 62.5 and 7.5 ≤ F/X ≤ 25. However, Wang discloses an electrolyte comprising propionate (see e.g., Wang; [0006], claim 1). Wang is further analogous art because Wang discloses the electrolyte in a secondary battery and also discloses similar lithium salts (see e.g., Wang; [0023]). Wang discloses that 10-65 wt% of the electrolyte may be propionate, and most preferably 30-40 wt% (see e.g., Wang; [0060]), which overlaps with the claimed range of 20-62.5 wt%. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano by providing propionate at 30-40 wt% of the electrolyte in order to achieve a more excellent effect of improving chemical stability, inhibiting gas production after high-temperature charging to thereby reduce thickness expansion of the electrochemical device (see e.g., Wang; [0054], [0060]). From the adhesion strength of 98 N/cm2 or more as disclosed by Hirano and Wang's most preferable range of 30-40 wt% of propionate, the ratio F/X may be in the range of greater than 3.26 or greater than 2.45, which overlaps with the claimed range of wherein 7.5≤F/X≤25. Regarding claim 17, modified Hirano teaches the electronic apparatus according to claim 16, wherein the negative electrode mixture layer comprises rubber such as styrene butadiene rubber (SBR) (see e.g., Hirano; [0009], [0031]), which overlaps with the claimed rubber comprising at least one of styrene-butadiene rubber, isoprene rubber, butadiene rubber, fluorine rubber, acrylonitrile-butadiene rubber, or styrene-propylene rubber. Regarding claim 18, modified Hirano teaches the electrochemical apparatus according to claim 16. As above regarding claim 16, Hirano discloses an example wherein the specific surface area of the negative electrode mixture layer is 3.5 m2/g or 3.0 m2/g (see e.g., Hirano; [0054], [0091]). As above regarding claim 16, Hirano discloses adhesion strength of the negative electrode active substance in the same example 1 or example 3 of 196 N/cm2 (Hirano; table 1). Therefore, the ratio F/A=196/3.0=65.3 or F/A=196/3.5=56, which both overlaps with the claimed range of 20 ≤ F/A ≤ 250. Therefore, modified Hirano also teaches the claimed range wherein 20 ≤ F/A ≤ 250. Regarding claim 19, modified Hirano teaches the electronic apparatus according to claim 16. Hirano also discloses that the negative electrode active material may be graphite, and may have an average particle size of the graphite particles of 14 to 25 μm, or more preferably 16 to 23 μm (see e.g., Hirano; [0037]). Therefore, Hirano discloses at least characteristics (a) and (b) of the claimed: wherein the negative electrode active substance has at least one of the following characteristics: (a) having a median particle size of 5 µm to 30 µm; (b) comprising at least one of artificial graphite, natural graphite, mesocarbon microbeads, soft carbon, hard carbon, amorphous carbon, a silicon-containing material, a tin-containing material, or an alloy material; or (c) comprising metal, wherein the metal comprises at least one of molybdenum, iron, or copper, and based on a weight of the negative electrode mixture layer, a percentage of the metal is lower than 0.05%. Regarding claim 21, modified Hirano teaches the electrochemical apparatus according to claim 1. As above regarding claim 1, modified Hirano teaches that the negative electrode active substance comprises of the same materials, and has the same properties of adhesion strength and specific surface area as in the instant specification. Therefore, because the material and properties of the negative electrode active substance as disclosed by Hirano are the same as in the instant specification, it is the examiners position that the resulting material would have the same measurable properties, including wherein based on an X- ray diffraction pattern, an interlayer distance of a lattice plane (plane 002) of the negative electrode active substance ranges from 0.335 nm to 0.345 nm. MPEP 2112 I. states ‘“[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable.’ Regarding claim 22, modified Hirano teaches the electronic apparatus according to claim 16. As above regarding claim 16, modified Hirano teaches that the negative electrode active substance comprises of the same materials, and has the same properties of adhesion strength and specific surface area as in the instant specification. Therefore, because the material and properties of the negative electrode active substance as disclosed by Hirano are the same as in the instant specification, it is the examiners position that the resulting material would have the same measurable properties, including wherein based on an X- ray diffraction pattern, an interlayer distance of a lattice plane (plane 002) of the negative electrode active substance ranges from 0.335 nm to 0.345 nm. MPEP 2112 I. states ‘“[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable.’ Claim(s) 11-15, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (JP-2011204576-A) (see translation), Wang (CN-109980225-A) (see US2020303767A1 for translation and reference), and in further in view of Oh (US-20200127333-A1). Regarding claim 11, modified Hirano teaches the electrochemical apparatus according to claim 1. Hirano discloses that various additives may be added to the electrolyte (see e.g., Hirano; [0067]). Hirano does not explicitly disclose wherein the electrolyte further comprises at least one of the following compounds: a) a fluorocarbonate; b) a compound having a cyano group; c) lithium difluorophosphate; or d) a compound of formula 1: PNG media_image1.png 122 176 media_image1.png Greyscale formula 1, wherein R1, R2, R3, R4, R5, and R6 are each independently hydrogen or a C1–C10 alkyl group; L1 and L2 are each independently -(CR7R8)n-; R7 and R8 are each independently hydrogen or a C1–C10 alkyl group; and n is 1, 2, or 3. However, Oh discloses a secondary battery electrolyte with a cyclic phosphate compound having a chemical structure corresponding to the claimed compound of formula 1 (see e.g., Oh; claims 1, 4, [0021], [0027]-[0035], regarding cyclic phosphate compounds). Oh is analogous art because Oh similarly discloses the electrolyte having a lithium salt and a nonaqueous solvent (see e.g., Oh; abstract). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have added the cyclic phosphate compound disclosed by Oh in the electrolyte taught by Hirano. One of ordinary skill in the art would have been motivated to make this addition in order to improve initial capacity, cycle characteristics, preserve characteristics at a high temperature, characteristics at a low temperature, self-discharge characteristics, overcharge characteristics, and the like (see e.g., Oh; [0008]). Regarding claim 12, modified Hirano teaches electrochemical apparatus according to claim 11. As above regarding claim 11, modified Hirano teaches the compound of formula 1 comprising at least one of the claimed compound structures of formula 1-1 to 1-6. Regarding claim 13, modified Hirano teaches the electrochemical apparatus according to claim 11, wherein the electrolyte comprises the compound of formula 1. Hirano does not explicitly disclose based on the weight of the electrolyte, a percentage of the compound of formula 1 is in a range from 0.01% to 5%. However, Oh discloses that the cyclic phosphate compound may be included at 0.1 to 5.0 wt% based on a total weight of the electrolyte (see e.g., Oh; [0035], claim 5), which overlaps with the claimed range of 0.01% to 5%. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte of Hirano to include 0.1% to 5.0 wt% of the cyclic phosphate compound disclosed by Oh in order to improve stability at high temperature and capacity retention ratio and preventing deterioration of the battery characteristics due to rapid life deterioration occurrence (see e.g., Oh; [0068]). Regarding claim 14, modified Hirano teaches the electrochemical apparatus according to claim 11. Hirano does not explicitly disclose wherein the electrolyte comprises the compound having a cyano group; and based on the weight of the electrolyte, a percentage of the compound having a cyano group is b%, and 0.01 ≤ b ≤ 10. However, Wang discloses that the electrolyte may comprise of additive having cyano group (see e.g., Wang; [0075]), wherein the content of the additive is 0.01% to 15% based on a total weight of the electrolyte and most preferably 1% to 5% (see e.g., Wang; [0076]), which overlaps with the claimed range of 0.01 to 10. Wang also discloses examples S78, S88, and S96 which have TCEP included in the electrolyte in weight percents of 2% and example S86 which has EDN included in the electrolyte in a weight percent of 1% (see e.g., Wang; table 4, regarding TCEP and EDN second additives, see also abbreviations table wherein TCEP and EDN have cyano groups). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano to have an additive containing a cyano group in a range of 1% to 5% as disclosed by Wang in order to provide excellent cycle, storage, and low-temperature performance (see e.g., Wang; [0004]). Regarding claim 15, modified Hirano teaches the electrochemical apparatus according to claim 12. Hirano discloses wherein a specific surface area of the negative electrode mixture layer is 2.6 m2/g (see e.g., Hirano; [0075], regarding example 1). Hirano does not explicitly disclose wherein based on the weight of the electrolyte, a percentage of the propionate is X%, 5 ≤ X ≤ 65, and wherein the electrolyte comprises the compound having a cyano group; and based on the weight of the weight of the electrolyte, a percentage of the compound having a cyano group is b%, and 0.5≤X/b≤200. Wang discloses that 10-65 wt% of the electrolyte may be propionate, and most preferably 30-40 wt% (see e.g., Wang; [0060]), which overlaps with the claimed range of 5-65. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano by providing propionate at 30-40 wt% of the electrolyte in order to achieve a more excellent effect of improving chemical stability, inhibiting gas production after high-temperature charging to thereby reduce thickness expansion of the electrochemical device (see e.g., Wang; [0054], [0060]). Wang discloses that the electrolyte may comprise of additive having cyano group (see e.g., Wang; [0075]), wherein the content of the additive is 0.01% to 15% based on a total weight of the electrolyte and most preferably 1% to 5% (see e.g., Wang; [0076]), which overlaps with the claimed range of 0.01 to 10. Wang also discloses examples S78, S88, and S96 which have TCEP included in the electrolyte in weight percents of 2% and example S86 which has EDN included in the electrolyte in a weight percent of 1% (see e.g., Wang; table 4, regarding TCEP and EDN second additives, see also abbreviations table wherein TCEP and EDN have cyano groups). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano to have an additive containing a cyano group in a range of 1% to 5% as disclosed by Wang in order to provide excellent cycle, storage, and low-temperature performance (see e.g., Wang; [0004]). Taking the most preferable range of 30-40 wt% of propionate as disclosed by Wang and the most preferable range of 1% to 5% of the cyano group as disclosed by Wang provides a ratio X/b of propionate X to cyano group additive b of 6 to 40, which overlaps with the claimed range of 0.5 to 200. Furthermore, as shown by Wang in S78, S88, and S96 which have TCEP included in the electrolyte in weight percents of 2% and example S86 which has EDN included in the electrolyte in a weight percent of 1%, and that have PP and EP included in an amount of 30 wt% to 50 wt% (see e.g., Wang; table 4, regarding TCEP and EDN second additives, see also abbreviations table wherein TCEP and EDN have cyano groups), the ratio of propionate X to cyano group b additive also falls within the claimed range of 0.5 to 200. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electrolyte disclosed by Hirano to have propionate to cyano group within a range of 0.5 to 200 in order to provide excellent cycle, storage, and low-temperature performance (see e.g., Wang; [0004]). Regarding claim 20, modified Hirano teaches the electronic apparatus according to claim 16. Hirano discloses that various additives may be added to the electrolyte (see e.g., Hirano; [0067]). Hirano does not explicitly disclose wherein the electrolyte further comprises at least one of the following compounds: a) a fluorocarbonate; b) a compound having a cyano group; c) lithium difluorophosphate; or d) a compound of formula 1: PNG media_image1.png 122 176 media_image1.png Greyscale formula 1, wherein R1, R2, R3, R4, R5, and R6 are each independently hydrogen or a C1–C10 alkyl group; L1 and L2 are each independently -(CR7R8)n-; R7 and R8 are each independently hydrogen or a C1–C10 alkyl group; and n is 1, 2, or 3. However, Oh discloses a secondary battery electrolyte with a cyclic phosphate compound having a chemical structure corresponding to the claimed compound of formula 1 (see e.g., Oh; claims 1, 4, [0021], [0027]-[0035], regarding cyclic phosphate compounds). Oh is analogous art because Oh similarly discloses the electrolyte having a lithium salt and a nonaqueous solvent (see e.g., Oh; abstract). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have added the cyclic phosphate compound disclosed by Oh in the electrolyte taught by Hirano. One of ordinary skill in the art would have been motivated to make this addition in order to improve initial capacity, cycle characteristics, preserve characteristics at a high temperature, characteristics at a low temperature, self-discharge characteristics, overcharge characteristics, and the like (see e.g., Oh; [0008]). Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirano (JP-2011204576-A) (see translation) and Wang (CN-109980225-A) (see US2020303767A1 for translation and reference), and in further view of Satow (US-20120064415-A1). Regarding claim 23, modified Hirano teaches the electrochemical apparatus according to claim 1. Hirano does not explicitly disclose wherein a density of the negative electrode active substance in the negative electrode mixture layer is 1.3 g/cm3 to 1.9 g/cm3. However, Satow discloses a negative electrode active substance in the mixture layer is 1.5 to 1.9 g/cm3 (see e.g., Satow; [0072]), and further provides an example having a density of 1.6 g/cm3 (see e.g., Satow; [0100]). Satow is further analogous art because Satow discloses overlapping bonding strength (see e.g., Satow; abstract, [0071]) and specific surface area (see e.g., Satow; [0069]) properties of the material. Satow discloses that the high density correlates with the bonding strength of the material (see e.g., Satow; [0072]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have had the negative electrode active substance disclosed by Hirano to have a density of 1.5-1.9 g/cm3 as disclosed by Satow in order to provide high capacity and good lithium ion acceptance and good coulombic efficient (see e.g., Satow; [0072]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 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, Matthew Martin can be reached at (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. /KEVIN SONG/ Examiner, Art Unit 1728 /MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

Apr 14, 2023
Application Filed
Dec 16, 2025
Non-Final Rejection mailed — §103
Mar 10, 2026
Response Filed
May 04, 2026
Final Rejection mailed — §103
Jul 09, 2026
Response after Non-Final Action
Aug 04, 2026
Request for Continued Examination
Aug 06, 2026
Response after Non-Final Action
Aug 17, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12749718
NEGATIVE ELECTRODE ACTIVE MATERIAL FOR AQUEOUS SECONDARY BATTERIES, NEGATIVE ELECTRODE FOR AQUEOUS SECONDARY BATTERIES, AND AQUEOUS SECONDARY BATTERY
4y 2m to grant Granted Sep 29, 2026
Patent 12731828
BATTERY CASE AND SECONDARY BATTERY INCLUDING THE SAME
3y 5m to grant Granted Sep 08, 2026
Patent 12706299
SECONDARY BATTERY
3y 10m to grant Granted Aug 11, 2026
Patent 12700591
POSITIVE ELECTRODE AND LITHIUM-SULFUR BATTERY COMPRISING SAME
4y 1m to grant Granted Aug 04, 2026
Patent 12683183
SECONDARY BATTERY
3y 4m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
81%
With Interview (+11.3%)
3y 7m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 40 resolved cases by this examiner. Grant probability derived from career allowance rate.

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