Prosecution Insights
Last updated: July 17, 2026
Application No. 18/360,065

ELASTOMERIC CUSHION LAYER FOR SILICON-BASED SOLID-STATE BATTERY

Final Rejection §103
Filed
Jul 27, 2023
Priority
Feb 14, 2023 — CN 202310114228.2
Examiner
GATEWOOD, DANIEL S
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
GM Global Technology Operations LLC
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
870 granted / 1117 resolved
+12.9% vs TC avg
Strong +19% interview lift
Without
With
+18.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
53 currently pending
Career history
1172
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
84.5%
+44.5% vs TC avg
§102
4.0%
-36.0% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1117 resolved cases

Office Action

§103
ELASTOMERIC CUSHION LAYER FOR SILICON-BASED SOLID-STATE BATTERY 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 . Response to Amendment In response to communication filed on 6/22/2026: Claims 1 and 17 have been amended; no new matter has been entered. Previous rejections under 35 USC 102(a)(1) have been withdrawn due to amendment. Previous rejections under 35 USC 103 have been modified due to amendment. Response to Arguments Applicant’s arguments with respect to claims 1-20 have been considered but are moot based on new grounds of rejection necessitated by amendment. 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. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2020/0243838 A1) and further in view of Otaka et al. (JP 2016-051622 A). Regarding claim 1, Jang et al. teach a battery cell (Abstract; paragraph 0075, Fig. 2 discloses a lithium metal battery cell.) comprising: an anode electrode layer including an anode active material (Fig. 2; paragraph 0074.); a cathode electrode layer comprising cathode active material (Fig. 2, paragraph 0038 discloses the cathode can comprise lithium transition metal oxides.); a solid electrolyte layer arranged between the anode electrode layer and the cathode electrode layer (Fig. 2; paragraphs 0019;0022 disclose the use of a solid electrolyte in between the anode and the cathode.); and an elastomeric layer arranged between the anode electrode layer and the solid electrolyte layer (Fig. 2; paragraph 0025 discloses an elastomer-based polymer foam in between the anode and separator.). However, Jang et al. do not teach the active material includes silicon mixed with graphite. Otaka et al. teach a negative electrode for a battery comprising porous silicon particles (A) (Abstract). Further, graphite can also be used along with silicon (Paragraphs 0023; 0049. Further, Example 5 discloses 10 parts of porous silicon is mixed with 90 parts by weigh of natural graphite to prepare a negative electrode active material layer.). Therefore, it would have been obvious to one of ordinary skill in the art to modify the anode material of Jang with that of Otaka in order to improve charge-discharge cycle characteristics. Regarding claim 2, Jang and Otaka et al. teach the battery cell of claim 1. Further, Jang et al. teach wherein the elastomeric layer comprises an elastomer matrix and a lithium-ion conducting medium (Claim 9 discloses the elastomer layer further contains from 0.1% to 50% by weight of a lithium ion-conducting additive dispersed therein.). Regarding claim 3, Jang and Otaka et al. teach the battery cell of claim 2. Further, Jang et al. teach wherein the elastomer matrix includes one or more materials selected from a group consisting of an acrylic-based elastomer, natural rubber, polyisoprene, butyl rubber, chloroprene, ethylene propylene diene, fluorosilicone, nitrile butadiene, saturated nitrile rubber, silicone rubber, styrene butadiene rubber, and urethane (Claim 5 discloses the elastic polymer foam contains a polymer such as polyisoprene, polyacrylic rubber, styrene butadiene rubber, silicon rubber, nitrile rubber, and polyurethane.). Regarding claims 4-6, Jang and Otaka et al. teach the battery cell of claim 2. Further, Jang et al. teach wherein the lithium-ion conducting medium comprises at least one of a lithium salt (Paragraph 0114 discloses lithium salts such as lithium perchlorate, lithium hexafluorophosphate, and LiTFSI.) and a solid electrolyte (Paragraph 0113 discloses lithium halides such as LiI.). Regarding claims 7 and 8, Jang and Otaka et al. teach the battery cell of claim 2. Further, Jang et al. teach wherein the elastomeric layer further comprises a plasticizer, the plasticizer is selected from a group consisting of an ether, a nitrile, a carbonate solvent, a lactone, a sulfone, a phosphate, and an ionic liquid (Paragraph 0026 discloses the elastomer-based polymer foam can also contain polyether.). Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (US 2020/0287245 A1) and further in view of Jang et al. (JP 2016-051622 A). Regarding claim 17, Ryu et al. teach a battery cell (Abstract) comprising: an anode electrode layer including anode active material comprising anode active material, a solid electrolyte, and a binder comprising an elastomer matrix and a lithium-ion conducting medium (Abstract discloses a negative electrode which comprises a negative electrode active material, a solid electrolyte, and an electrolyte salt. Further, paragraphs 0064, 0066, 0090-0091 disclose the addition of a binder which can comprise an elastomer material.); a cathode electrode layer comprising cathode active material (Claim 1; paragraph 0078 discloses a positive electrode comprising a positive electrode active material.); and a solid electrolyte layer arranged between the anode electrode layer and the cathode electrode layer (Claim 1). However, Ryu et al. do not teach the active material includes silicon mixed with graphite. Otaka et al. teach a negative electrode for a battery comprising porous silicon particles (A) (Abstract). Further, graphite can also be used along with silicon (Paragraphs 0023; 0049. Further, Example 5 discloses 10 parts of porous silicon is mixed with 90 parts by weigh of natural graphite to prepare a negative electrode active material layer.). Therefore, it would have been obvious to one of ordinary skill in the art to modify the anode material of Ryu with that of Otaka in order to improve charge-discharge cycle characteristics. Regarding claim 18, Ryu and Otaka et al. teach the battery cell of claim 17. Further, Ryu et al. teach wherein the binder further comprises a plasticizer (Abstract; paragraphs 0090-0091 disclose the addition of a plasticizer to the negative electrode which also comprises a binder.). Regarding claim 19, Ryu and Otaka et al. teach the battery cell of claim 17. Further, Ryu et al. teach wherein: the elastomer matrix includes one or more materials selected from a group consisting of an acrylic-based elastomer, natural rubber, polyisoprene, butyl rubber, chloroprene, ethylene propylene diene, fluorosilicone, nitrile butadiene, saturated nitrile rubber, silicone rubber, styrene butadiene rubber, and urethane (Paragraphs 0064, 0066 disclose a styrene butadiene rubber.); the lithium-ion conducting medium comprises at least one of a lithium salt and a solid electrolyte; the lithium salt comprises a lithium cation and at least one anion selected from a group consisting of hexafluoroarsenate, hexafluorophosphate, perchlorate, tetrafluoroborate, vis(oxalate)borate (BOB), bis(fluorosulfonyl)imide (FSI), bis(trifluoromethanesulfonyl)imide (TFSI), cyclo-difluoromethane-1,1-bis(sulfonyl)imide (DMSI), bis(perfluoroethanesulfonyl)imide (BETI), difluoro(oxalato)borate (DFOB), and bis(fluoromalonato)borate (BFMB); and the solid electrolyte includes one or more materials selected from a group consisting of oxide-based solid electrolyte, metal-doped or aliovalent-substituted oxide solid electrolyte, sulfide-based solid electrolyte, nitride-based solid electrolyte, hydride-based solid electrolyte, halide-based solid electrolyte, and borate-based solid electrolyte (Paragraph 0091 discloses the solid electrolyte comprises polyethylene oxide and the electrode salt comprises LiTFSI.). Regarding claim 20, Ryu and Otaka et al. teach the battery cell of claim 18. Further, Ryu et al. teach wherein the plasticizer is selected from a group consisting of an ether, a nitrile, a carbonate solvent, a lactone, a sulfone, a phosphate, and an ionic liquid (Claim 3 discloses the plasticizer can comprise ethylene carbonate, polyethylene glycol, succinonitrile, or cyclic phosphate.). Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2020/0243838 A1) and Otaka et al. (JP 2016-051622 A) as applied to claim 1 above, and further in view of Ryu et al. (US 2020/0287245 A1). Regarding claims 9 and 10, Jang and Otaka et al. teach the battery cell of claim 1. However, they do not teach wherein the anode electrode layer comprises an anode active material, a solid electrolyte, and a binder comprising an elastomer matrix and a lithium-ion conducting medium, wherein the binder further comprises a plasticizer. Ryu et al. teach a battery cell (Abstract) comprising an anode electrode layer including anode active material comprising anode active material, a solid electrolyte, and a binder comprising an elastomer matrix and a lithium-ion conducting medium (Abstract discloses a negative electrode which comprises a negative electrode active material, a solid electrolyte, and an electrolyte salt. Further, paragraphs 0064, 0066, 0090-0091 disclose the addition of a binder which can comprise an elastomer material.), wherein the binder further comprises a plasticizer (Abstract; paragraphs 0090-0091 disclose the addition of a plasticizer to the negative electrode which also comprises a binder.). Therefore, it would have been obvious to one of ordinary skill in the art to modify Jang and Otaka with Ryu in order to reduce the interfacial resistance between a negative electrode active material layer and a separator, while increasing the adhesion to a negative electrode current collector, and a battery module including the same. Regarding claim 11, Jang and Otaka teach the battery cell of claim 1. However, they do not teach wherein: the elastomeric layer comprises an elastomer matrix and a lithium-ion conducting medium; and the anode electrode layer comprises the anode active material, a solid electrolyte, and a binder comprising an elastomer matrix and a lithium-ion conducting medium. Ryu et al. teach a battery cell (Abstract) comprising an anode electrode layer including anode active material comprising anode active material, a solid electrolyte, and a binder comprising an elastomer matrix and a lithium-ion conducting medium (Abstract discloses a negative electrode which comprises a negative electrode active material, a solid electrolyte, and an electrolyte salt. Further, paragraphs 0064, 0066, 0090-0091 disclose the addition of a binder which can comprise an elastomer material.), wherein the binder further comprises a plasticizer (Abstract; paragraphs 0090-0091 disclose the addition of a plasticizer to the negative electrode which also comprises a binder.). Therefore, it would have been obvious to one of ordinary skill in the art to modify Jang and Otaka with Ryu in order to reduce the interfacial resistance between a negative electrode active material layer and a separator, while increasing the adhesion to a negative electrode current collector, and a battery module including the same. Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2020/0243838 A1) and Otaka et al. (JP 2016-051622 A) as applied to claim 1 above, and further in view of Okochi et al. (US 2020/0212435 A1). Regarding claims 12 and 15, Jang and Otaka et al. teach the battery cell of claim 1. However, they do not teach wherein the cathode electrode layer comprises a cathode active material, a solid electrolyte, a conductive additive, and a binder. Okochi et al. teach a positive electrode layer (Fig. 1, element 20) containing positive electrode active substance (Fig. 1, element 3), a solid electrolyte (Fig. 1, element 2), a binder (Fig. 1, element 1), and a conductive additive (Paragraph 0054 discloses the addition of a conductive auxiliary such as acetylene black.). Therefore, it would have been obvious to one of ordinary skill in the art to modify Jang and Otaka with Okochi in order to improve ion conductivity. Regarding claim 13, the combination of Jang, Otaka, and Okochi et al. teach the battery cell of claim 12. Further, Jang et al. teach wherein the cathode active material includes one or more materials selected from a group consisting of rock salt layered oxides, spinel, polyanion cathode materials, lithium transition-metal oxides, and lithiated metal oxide/sulfide (Paragraph 0015 discloses LiCoO2.). Regarding claim 14, the combination of Jang, Otaka and Okochi et al. teach the battery cell of claim 12. Further, Jang et al. teach wherein the anode active material includes one or more materials selected from a group consisting of silicon, silicon mixed with graphite, Li4Ti5O12, a transition-metal, a Li metal, and a Li alloy (Paragraph 0013; Claim 1 disclose lithium metal or lithium alloy.). Regarding claim 16, the combination of Jang, Otaka, and Okochi et al. teach the battery cell of claim 12. Further, Jang et al. teach wherein the binder is selected from a group consisting of poly(vinylidene fluoride) (PVDF), poly(vinylidene fluoride-co-hexafluoropropylene) (PVdF-HFP), poly(tetrafluoroethylene) (PTFE), sodium carboxymethyl cellulose (CMC), styrene–butadiene rubber (SBR), nitrile butadiene rubber (NBR), and styrene ethylene butylene styrene copolymer (SEBS) (Paragraph 0141 discloses PVDF binder for use in cathode mixture.). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30. 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, Ula Tavares-Crockett can be reached at 571-272-1481. 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. Daniel S. Gatewood, Ph.D. Primary Examiner Art Unit 1729 /DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 June 29th, 2026
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Prosecution Timeline

Jul 27, 2023
Application Filed
Mar 30, 2026
Non-Final Rejection mailed — §103
Jun 09, 2026
Applicant Interview (Telephonic)
Jun 10, 2026
Examiner Interview Summary
Jun 22, 2026
Response Filed
Jul 02, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
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Grant Probability
97%
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