Prosecution Insights
Last updated: May 29, 2026
Application No. 18/309,446

POSITIVE ELECTRODE COMPOSITE MATERIAL FOR LITHIUM IRON PHOSPHATE SECONDARY BATTERY AND LITHIUM IRON PHOSPHATE SECONDARY BATTERY

Non-Final OA §103
Filed
Apr 28, 2023
Priority
Jan 14, 2022 — continuation of PCTCN2022072028
Examiner
BARCENA, CARLOS
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
CONTEMPORARY AMPEREX TECHNOLOGY CO., LIMITED
OA Round
3 (Non-Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
895 granted / 1115 resolved
+15.3% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
26 currently pending
Career history
1143
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
70.7%
+30.7% vs TC avg
§102
10.0%
-30.0% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1115 resolved cases

Office Action

§103
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/21/2026 has been entered. Claims 1, 5, 9-19, 22, and 23 are pending. Claims 22 and 23 are new. Applicant’s arguments, see Remarks, with respect to claims 1, 5, 9-19, and 22 have been fully considered and are persuasive. The previous 35 USC 103 rejections over Nicolosi et al. (US 2022/037853) in view of Beidaghi et al. (US 2021/0115284) and Zhou (US 2014/0011069) have been withdrawn. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 23 is rejected under 35 U.S.C. 103 as being unpatentable over Nicolosi et al. (US 2022/037853) in view of Beidaghi et al. (US 2021/0115284). Regarding claim 23, Nicolosi teaches high-capacity electrodes comprising: electrode active material including LiFePO4 (first type of material) (para 0016); and 2D inorganic materials selected from TMDs (third type of material), MXenes (second type of material), other layered compound, and combinations thereof (para 0015). More specifically, TMDs are selected from MoS2, NbSe2, WS2, TaS2 (para 0015). MXenes are selected from Ti2C, (Ti0.5,Nb0.5)2C, V2C, Nb2C, Mo2C, Ti3C2, Ti3CN, Zr3C2 (para 0045) include general formula Mn+1XnTx, where T is an optional functional group, for example, O, F, and OH (para 0045). With respect to the third type material loaded in a layer of the second type material, the negative electrode comprises a stack of two or more layers of the segregated network of nanosheets of the 2D conducting materials. The stacking of the layers can be achieved by either (i) coating an additional slurry casted layer(s) on top of a first slurry casted layer to achieve a thick multi-layered wet electrode wherein the multilayers are subsequently dried or (ii) coating an additional slurry casted layer(s) on top of a previously coated and dried slurry casted layer to achieve a thick electrode in steps (para 0025). In either case, when the combination of MXenes and TMDs are together in the same layer form a composite of the second-type and third-type of material, the third type material loaded in a layer of the second type material. Nicolosi does not teach T = Cl. Beidaghi, directed to MXenes, teaches T may be O, F, and OH and also Cl (para 0059). It would have been obvious to one of ordinary skill in the art before the effective filing date to substitute one functional group for another where the specific group of atoms or bonds for a characteristic chemical property or reaction (Beidaghi, para 0059). It would have been obvious to one of ordinary skill in the art before the effective filing date to select lithium iron phosphate, TMDs, and 2D inorganic materials selected from TMDs, MXenes, other layered compound, and combinations thereof from the lists recited in Nicolosi (para 0015). Allowable Subject Matter Claims 1, 5, 9-19, and 22 are allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached 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, Tong Guo can be reached at (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

Apr 28, 2023
Application Filed
Oct 24, 2025
Non-Final Rejection mailed — §103
Jan 20, 2026
Response Filed
Feb 11, 2026
Final Rejection mailed — §103
Apr 07, 2026
Response after Non-Final Action
Apr 21, 2026
Request for Continued Examination
Apr 23, 2026
Response after Non-Final Action
May 06, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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IONIC LIQUID, ELECTROLYTE FOR SECONDARY BATTERY INCLUDING IONIC LIQUID, AND SECONDARY BATTERY INCLUDING ELECTROLYTE
3y 7m to grant Granted May 26, 2026
Patent 12640398
LITHIUM-ION BATTERY AND BATTERY MODULE, BATTERY PACK, AND ELECTRIC APPARATUS CONTAINING SAME
3y 4m to grant Granted May 26, 2026
Patent 12633573
NONAQUEOUS ELECTROLYTE ENERGY STORAGE DEVICE AND METHOD FOR MANUFACTURING THE SAME
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Patent 12633516
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Patent 12626963
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4y 2m to grant Granted May 12, 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
80%
Grant Probability
93%
With Interview (+12.5%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1115 resolved cases by this examiner. Grant probability derived from career allowance rate.

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