Prosecution Insights
Last updated: July 17, 2026
Application No. 18/373,983

ELECTROLYTE AND ELECTROCHEMICAL APPARATUS CONTAINING SUCH ELECTROLYTE

Non-Final OA §102§103
Filed
Sep 28, 2023
Priority
Mar 30, 2021 — continuation of PCTCN2021084094
Examiner
LAIOS, MARIA J
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ningde Amperex Technology Limited
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
518 granted / 754 resolved
+3.7% vs TC avg
Strong +18% interview lift
Without
With
+18.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
19 currently pending
Career history
779
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
84.6%
+44.6% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 754 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-6, 9, 11-14 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Zhu et al. (CN 110611123 A). As to claims 1 and 9, Zhu et al. discloses an electrochemical apparatus (battery) [0025], comprising: a positive electrode plate, [0026] a negative electrode plate [0026], a separator [0026], and electrolyte [0051], comprising: a fluorine-containing sulfonimide lithium salt (1 wt. % of LiFSI-lithium difluorosulfonyimide) [0051] PNG media_image1.png 210 310 media_image1.png Greyscale and a trinitrile compound (1 wt. % of HTCN – 1,3,6-hexanetrionitrile) PNG media_image2.png 103 208 media_image2.png Greyscale ; wherein based on a weight of the electrolyte, a percentage of the fluorine-containing sulfonimide lithium salt is X%, and a percentage of the trinitrile compound is Y%; wherein, 1< X + Y < 6. X + Y = 2 thus within the claimed range. As to claims 2 and 11, Zhu et al. discloses the electrolyte according to claim 1, further comprising lithium hexafluorophosphate [0083]; wherein based on the weight of the electrolyte, a percentage of the lithium hexafluorophosphate is Z% (4.5 wt. %); wherein, X+Z<7.5 (1+4.5=5.5), and X/Z<1 (1/4.5 = 0.222). [0083, 0051] As to claim 3 and 12, Zhu et al. discloses the electrolyte according to claim 2, wherein, Z is less than 5 (Z=4.5 –[0083]); and/or, 0.8<(X+Z)/(X+Y)<3.5 0.8 < (1+4.5)/ (1 + 1) < 3.5; (0.8 < 2.75 < 3.5). [0083, 0051] As to claims 4 and 13, Zhu et al discloses the electrolyte according to claim 1, wherein the fluorine-containing sulfonimide lithium salt comprises lithium bisfluorosulfonimide (also known as LiFSI-lithium difluorosulfonyimide) [0051] As to claim 5, Zhu et al. discloses the electrolyte according to claim 1, wherein the trinitrile compound comprises a compound of formula III; and in formula III, g, h, and i are each independently selected from integers in the range of 0 to 6. g = 2, h = 0 and i =3 As to claims 6 and 14, Zhu et al. discloses the electrolyte according to claim 1, wherein the trinitrile compound comprises at least one selected from the group consisting of 1,3,6-hexanetricarbonitrile (also known as 1,3,6-hexanetrionitrile [0051]. Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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. Claim(s) 17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al. (CN 110611123 A). As to claim 17, Zhu et al. discloses an electrochemical apparatus (battery) [0025], comprising: a positive electrode plate, [0026] a negative electrode plate [0026], a separator [0026], and electrolyte [0051], comprising: a fluorine-containing sulfonimide lithium salt (1 wt. % of LiFSI-lithium difluorosulfonyimide) [0051] PNG media_image1.png 210 310 media_image1.png Greyscale and a trinitrile compound (1 wt. % of HTCN – 1,3,6-hexanetrionitrile) PNG media_image2.png 103 208 media_image2.png Greyscale ; wherein based on a weight of the electrolyte, a percentage of the fluorine-containing sulfonimide lithium salt is X%, and a percentage of the trinitrile compound is Y%; wherein, 1< X + Y < 6. X + Y = 2 thus within the claimed range. While, Zhu et al. does not explicitly state that the battery is used in an electronic device, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to use the battery to power an electronic device. As to claim 19, Zhu et al. discloses the electrolyte according to claim 17, further comprising lithium hexafluorophosphate [0083]; wherein based on the weight of the electrolyte, a percentage of the lithium hexafluorophosphate is Z% (4.5 wt. %); wherein, X+Z<7.5 (1+4.5=5.5), and X/Z<1 (1/4.5 = 0.222). [0083, 0051] and wherein, Z is less than 5 (Z=4.5 –[0083]); and/or, 0.8<(X+Z)/(X+Y)<3.5 0.8 < (1+4.5)/ (1 + 1) < 3.5; (0.8 < 2.75 < 3.5). [0083, 0051]. As to claim 20, Zhu et al discloses the electrolyte according to claim 17, wherein the fluorine-containing sulfonimide lithium salt comprises lithium bisfluorosulfonimide (also known as LiFSI-lithium difluorosulfonyimide) [0051] Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 110611123 A ) in view of Ren et al. (CN 102738511 A). As to Claims 7 and 15, Gao et al. discloses the electrolyte according to claims 1 and 9 and discloses X and Y as 1 wt. percent each, but does not disclose the electrolyte further including a compound of formula I PNG media_image3.png 107 298 media_image3.png Greyscale , wherein R1, R2, and R3 are each independently selected from hydrogen, halogen, a Ci-C12 alkyl group with or without a substituent, a C3-Cs cycloalkyl group with or without a substituent, and a C6-C12 aryl group with or without a substituent, wherein the substituent is selected from at least one of cyano, nitro, halogen, or sulfonyl, and n is an integer ranging from 0 to 7; and wherein based on the weight of the electrolyte, a percentage of the compound of formula I is A%, wherein 1 < A + X + Y < 7. Ren et al. discloses a lithium battery and teaches the addition of PNG media_image4.png 101 291 media_image4.png Greyscale where in R1, R2, R3 are selected from hydrogen atoms, alkyl groups containing 1 to 12 carbon atoms, cycloalkyl groups containing 3 to 8 carbon atoms, and aromatic groups containing 6 to 12 carbon atoms, and n is an integer from 0 to 7 [0013-0014]. Ren et al. further teaches this compound can effectively passivate the surfaces of the positive and negative electrodes, inhibit the oxidative decomposition of electrolyte components on the positive electrode surface and the reductive decomposition on the negative electrode surface, thereby reducing gas production in the battery and improving the high-temperature storage performance of lithium-ion batteries. [0015]. As an improvement to the lithium-ion battery electrolyte of the present invention, the additive accounts for 2 wt.% to 5 wt.% of the total mass of the electrolyte [0019]. [0039] discloses the addition of 2-butenonitrile in the amount 3 wt.% of the total mass of the electrolyte. 2-butenonitrile (the formula above given that R1, R2, and R3 are Hydrogen and n is 1) PNG media_image5.png 179 333 media_image5.png Greyscale Therefore it would have been obvious to one of ordinary skill in the art at the time the application was filed to include the 2-butenonitrile to the electrolyte of Gao et al. because this reduces gas production in the battery and improves the high-temperature storage performance of lithium-ion batteries. Ren et al. discloses the amount can be 3 wt. % thus A is 3, therefor 1 < 3 + 1 + 1 < 7. Claim(s) 8 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 110611123 A ) in view of Amiruddin et al. (US 2014/0050972 A1). As to Claims 8 and 16, Gao et al. discloses the electrolyte according to claims 1 and 9, but does not disclose the addition of a lithium salt additive; wherein the lithium salt additive comprises at least one selected from the group consisting of lithium tetrafluoroborate, lithium difluorophosphate, lithium bis(oxalato)borate, and lithium difluoro(oxalato)borate; and wherein based on the weight of the electrolyte, a percentage of the lithium salt additive is P%, wherein 0.1<P<2. Amiruddin et al. discloses a battery and teaches the addition of a lithium salt additive such as lithium difluoro oxalato borate or lithium bis(oxalato)borate in the amount of 0.1-5 weight percent [0054] in order to stabilize the cycling properties of the batteries. [0054]. Therefore it would have been obvious to one of ordinary skill at the time the application was effectively filed to include the salt additive of Amiruddin to the battery of Gao because this would stabilize the cycling property of the battery. Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (CN 110611123 A ) in view of Oshima (US 2022/0328804 A1). As to claim 10 and 18, Gao et al. discloses the electrochemical apparatus according to claim 9, wherein the positive electrode plate comprises a positive electrode current collector, and the positive electrode current collector comprises an aluminum foil substrate [0047] but does not disclose a copper element contained in the aluminum foil substrate; and based on a weight of the positive electrode current collector, an amount m of the copper element is calculated in ppm, and thickness d of the aluminum foil substrate is calculated in pm; wherein d x m/1000>5. Oshima et al. discloses a battery and teaches the positive electrode current collector having an aluminum alloy with copper being between 3.5 and 4.5 mass percent, with a thickness of 10 micrometers. This amount of copper helps improve the cycle characteristics of a battery [0027]. [0192] discloses 3.5 wt. percent copper(which is 35000 ppm) the current collector/foil being 10 micrometers thick. Thus, (35000*10)/1000 is 350 which is greater than 5. Therefore it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to include 3.5 weight percent of copper in the aluminum current collector of Gao because this would improve the cycle characteristics of a battery. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA J LAIOS whose telephone number is (571)272-9808. The examiner can normally be reached Monday-Thursday 10am-6pm. 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, Barbara Gilliam can be reached at 571-272-1330. 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. /Maria Laios/ Primary Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Jun 26, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12683149
POSITIVE ELECTRODE ACTIVE MATERIAL FOR NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY, AND NON-AQUEOUS ELECTROLYTE SECONDARY BATTERY
4y 2m to grant Granted Jul 14, 2026
Patent 12676372
MODULAR BATTERY TRAY
3y 7m to grant Granted Jul 07, 2026
Patent 12646787
INTERFACE FOR INTEGRATING A CURRENT COLLECTOR INTO A BATTERY ASSEMBLY
3y 5m to grant Granted Jun 02, 2026
Patent 12640447
AUTOMOTIVE BATTERY WITH EMBOSSED ELECTRICAL CONTACT SOCKETS
3y 7m to grant Granted May 26, 2026
Patent 12640431
BATTERY CASE AND MANUFACTURING METHOD OF BATTERY CASE
3y 2m to grant Granted May 26, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
69%
Grant Probability
87%
With Interview (+18.2%)
4y 0m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 754 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month