Prosecution Insights
Last updated: October 02, 2026
Application No. 18/424,914

NEGATIVE ELECTRODE ACTIVE MATERIAL AND METHOD FOR PREPARATION THEREOF, SECONDARY BATTERY COMPRISING SAME AND ELECTRICAL DEVICE

Non-Final OA §112
Filed
Jan 29, 2024
Priority
Nov 02, 2022 — continuation of PCTCN2022129326
Examiner
BARCENA, CARLOS
Art Unit
Tech Center
Assignee
Contemporary Amperex Technology Co., Limited
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
916 granted / 1138 resolved
+20.5% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
1153
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1138 resolved cases

Office Action

§112
DETAILED ACTION Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6, 7, and 11-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 6 recites the limitation "the amorphous silicon-based material" in lines 4 and 7. There is insufficient antecedent basis for this limitation in the claim. Claim 7 recites the limitation " the amorphous silicon-based material " in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 11 recites the limitation " the amorphous silicon-based material" in line 4. There is insufficient antecedent basis for this limitation in the claim. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 12 recites the broad recitation 30% to 60%, and the claim also recites optionally from 40% to 50% which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. In the present instance, claim 13 recites the broad recitation carbon materials, and the claim also recites one or more of hard carbon, soft carbon, graphene, carbon fiber, and carbon nanotube which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Allowable Subject Matter Claims 1-5, 8-10, and 14-20 are allowable. Claims 6, 7, and 11-13 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: no prior art was teaching or disclosing a negative electrode wherein, in cross-sectional image of the negative electrode active material, total cross-sectional area of the crystalline silicon-based material in the outer region is smaller than total cross-sectional area of the crystalline silicon-based material in the inner region. The European search report cites US 2022/0064008 and US 2020/0020935 as prior art but none of the references recite the above limitation(s). 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
Read full office action

Prosecution Timeline

Jan 29, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §112 (current)

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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
80%
Grant Probability
93%
With Interview (+12.3%)
2y 9m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1138 resolved cases by this examiner. Grant probability derived from career allowance rate.

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