Prosecution Insights
Last updated: August 04, 2026
Application No. 18/383,577

POROSITY OF A BATTERY SEPARATOR

Non-Final OA §103
Filed
Oct 25, 2023
Priority
Aug 03, 2023 — provisional 63/530,593
Examiner
SIDDIQUEE, MUHAMMAD S
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
807 granted / 1038 resolved
+17.7% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
31 currently pending
Career history
1054
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
86.6%
+46.6% vs TC avg
§102
1.3%
-38.7% vs TC avg
§112
0.8%
-39.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1038 resolved cases

Office Action

§103
CTNF 18/383,577 CTNF 84574 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 2. The information disclosure statements (IDS) submitted on 10/25/2023 and 11/11/2024 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith. Drawings 06-37 AIA 3. The drawings were received on 10/25/2023 . These drawings are acceptable . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 4. 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. 07-20-aia AIA 5. 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. 07-23-aia AIA 6. 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. 07-21-aia AIA 7. Claim (s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al (US 20210194095 A1) . Regarding claims 1-6 and 10, Xiao discloses a separator comprising a PE layer sandwiched between PP layers. All layers have pores extending perpendicularly to the thickness of the separator. The average pore size of the PP layer is smaller than the average pore size of the PE layer [Fig. 1-3; paragraph 0029-0034, 0049, 0132, 0135, 0137-0140, 0185, 0208]. Upon winding, the pore size of the outer PP layer is expected to increase by the curvature more than the pore size of the central PE layer. Hence, in a wound state, the difference in average pore size between the PE and PP layers is smaller than in an unwound state. Also other features of the pores in the PP layer differ from the ones of the pores in the PE layer, e.g. the pore shape, number of pores, etc. Even though the claim language is different, reference Xiao reads on the claims and would have been obvious to one of ordinary skill in the art. Regarding claims 7-9, Xiao teaches that the microporous multilayer film or membrane may comprise three or more distinct regions or sub-membrane areas. In a preferred embodiment, one or more of the regions or sub-membrane areas may comprise, consist of, or consist essentially of two or more layers [0029-0034, 0132, 0135]. Regarding claims 11-15, Xiao teaches a battery cell comprising a first electrode; a second electrode; and a separator configured to be disposed between the first electrode and the second electrode [paragraph 0194]. Xiao further teaches that the separator comprises a PE layer sandwiched between PP layers. All layers have pores extending perpendicularly to the thickness of the separator. The average pore size of the PP layer is smaller than the average pore size of the PE layer [Fig. 1-3; paragraph 0029-0034, 0049, 0132, 0135, 0137-0140, 0185, 0208]. Even though the claim language is different, reference Xiao reads on the claims and would have been obvious to one of ordinary skill in the art. Regarding claims 16-20, Xiao teaches a separator comprising a thickness. Xiao further teaches that the separator comprises a PE layer sandwiched between PP layers. All layers have pores extending perpendicularly to the thickness of the separator. The average pore size of the PP layer is smaller than the average pore size of the PE layer. Xiao also teaches that the microporous multilayer film or membrane may comprise three or more distinct regions or sub-membrane areas. In a preferred embodiment, one or more of the regions or sub-membrane areas may comprise, consist of, or consist essentially of two or more layers [Fig. 1-3; paragraph 0029-0034, 0049, 0132, 0135, 0137-0140, 0185, 0208]. Even though the claim language is different, reference Xiao reads on the claims and would have been obvious to one of ordinary skill in the art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 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. /MUHAMMAD S SIDDIQUEE/Primary Examiner, Art Unit 1723 Application/Control Number: 18/383,577 Page 2 Art Unit: 1723 Application/Control Number: 18/383,577 Page 3 Art Unit: 1723 Application/Control Number: 18/383,577 Page 4 Art Unit: 1723 Application/Control Number: 18/383,577 Page 5 Art Unit: 1723
Read full office action

Prosecution Timeline

Oct 25, 2023
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §103
Jul 22, 2026
Applicant Interview (Telephonic)
Jul 25, 2026
Examiner Interview Summary
Jul 27, 2026
Applicant Interview (Telephonic)
Jul 29, 2026
Examiner Interview Summary

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
98%
With Interview (+20.1%)
3y 0m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1038 resolved cases by this examiner. Grant probability derived from career allowance rate.

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