Prosecution Insights
Last updated: July 17, 2026
Application No. 18/432,055

LITHIUM SECONDARY BATTERY

Non-Final OA §102
Filed
Feb 05, 2024
Priority
Feb 10, 2023 — RE 10-2023-0018061
Examiner
DAM, DUSTIN Q
Art Unit
Tech Center
Assignee
SK Inc.
OA Round
1 (Non-Final)
23%
Grant Probability
At Risk
1-2
OA Rounds
2y 1m
Est. Remaining
48%
With Interview

Examiner Intelligence

Grants only 23% of cases
23%
Career Allowance Rate
159 granted / 705 resolved
-37.4% vs TC avg
Strong +25% interview lift
Without
With
+24.9%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
37 currently pending
Career history
741
Total Applications
across all art units

Statute-Specific Performance

§103
76.9%
+36.9% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 705 resolved cases

Office Action

§102
DETAILED ACTION Summary This is the initial Office Action based on the Lithium Secondary Battery filed February 5, 2024. Claims 1-13 are currently pending. Claim Rejections - 35 USC § 102 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 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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kono et al. (U.S. Pub. No. 2012/0282524 A1). With regard to claim 1, Kono et al. discloses a lithium secondary battery comprising: a positive electrode (1, Fig. 1B) including a positive electrode active material including lithium metal oxide including nickel (Ni) (see Abstract teaching positive electrode active material including “a lithium-containing composite oxide” which includes “Ni”); and a negative electrode (2, Fig. 1B) including a negative electrode active material including a silicon-based active material (see Abstract teaching a negative electrode active material containing “a graphite carbon material and a material containing Si as a constituent element” cited to read on the claimed “silicon-based active material” because it is an active material which includes silicon), wherein the positive electrode active material includes 10 wt% or more of lithium metal oxide in the form of single particles based on a total weight of the positive electrode active material (see Table 1, Ex. 1-2 teaching the positive electrode active material includes 100 wt% of lithium metal oxide, cited to read on the claimed “10 wt% or more” as it includes a value within the range of 10 wt% or more; see [0089] teaching the cited lithium metal oxide in the form of single particles), and the negative electrode active material includes 1 to 15 wt% of the silicon-based active material based on a total weight of the negative electrode active material (see Table 1, Ex. 1-2 teaching negative electrode active material includes 7.1%, cited to read on the claimed 1 to 15 wt% as it includes a value within the range of 1 to 15 wt%, of the cited silicon-based active material). With regard to claim 2, Kono et al. discloses wherein the lithium metal oxide is represented by Chemical Formula 1 (see Table 2, Example 1 teaching “Li1.00Ni0.89Co0.06Mn0.02Mg0.02Ba0.01O2”). With regard to claim 3, Kono et al. discloses wherein the lithium metal oxide is coated or doped with at least one selected from the group consisting of Al, Ti, Ba, Zr, Si, B, Mg, P, V, W, alloys thereof, and oxides thereof (see Table 2, Example 1 teaching “Li1.00Ni0.89Co0.06Mn0.02Mg0.02Ba0.01O2” which is cited to read on the claimed “the lithium metal oxide is coated or doped with at least one selected from the group consisting of Al, Ti, Ba, Zr, Si, B, Mg, P, V, W, alloys thereof, and oxides thereof” because it is a lithium metal oxide which includes dopants such as Mg and Ba). With regard to claim 4, Kono et al. discloses wherein the silicon-based active material includes SiOx (0<x<2) or Si-C complex (see Abstract teaching “a graphite carbon material and a material containing Si as a constituent element” which is cited to read on the claimed “Si-C complex” because it includes silicon and carbon). With regard to claim 5, Kono et al. discloses wherein the negative electrode active material includes 7 to 12 wt% of the silicon-based active material based on the total weight of the negative electrode active material (see Table 1, Ex. 1-2 teaching negative electrode active material includes 7.1%, cited to read on the claimed 7 to 12 wt% as it includes a value within the range of 7 to 12 wt%, of the cited silicon-based active material). With regard to claim 6, Kono et al. discloses wherein the negative electrode active material further includes a carbon-based active material (see Abstract teaching “a graphite carbon material”). With regard to claim 7, Kono et al. discloses further comprising a separator interposed between the positive electrode and the negative electrode (as depicted in Fig. 1B, a separator 3 interposed between the cited positive electrode 1 and the cited negative electrode 2). With regard to claim 8, Kono et al. discloses a lithium secondary battery comprising: a positive electrode (1, Fig. 1B) including lithium metal oxide in the form of single particles and including a positive electrode active material represented by Chemical Formula 1 (see Table 2, Example 1 teaching “Li1.00Ni0.89Co0.06Mn0.02Mg0.02Ba0.01O2”; see [0089] teaching the cited lithium metal oxide in the form of single particles); and a negative electrode (2, Fig.1B) including a negative electrode active material including a silicon-based active material (see Abstract teaching a negative electrode active material containing “a graphite carbon material and a material containing Si as a constituent element” cited to read on the claimed “silicon-based active material” because it is an active material which includes silicon), wherein the negative electrode active material includes 1 to 15 wt% of the silicon-based active material based on a total weight of the negative electrode active material (see Table 1, Ex. 1-2 teaching negative electrode active material includes 7.1%, cited to read on the claimed 1 to 15 wt% as it includes a value within the range of 1 to 15 wt%, of the cited silicon-based active material). With regard to claim 9, Kono et al. discloses wherein the positive electrode active material includes 10 wt% or more of lithium metal oxide in the form of single particles based on a total weight of the positive electrode active material (see Table 1, Ex. 1-2 teaching the positive electrode active material includes 100 wt% of lithium metal oxide, cited to read on the claimed “10 wt% or more” as it includes a value within the range of 10 wt% or more; see [0089] teaching the cited lithium metal oxide in the form of single particles). With regard to claim 10, Kono et al. discloses wherein the lithium metal oxide is coated or doped with at least one selected from the group consisting of Al, Ti, Ba, Zr, Si, B, Mg, P, V, W, alloys thereof, and oxides thereof (see Table 2, Example 1 teaching “Li1.00Ni0.89Co0.06Mn0.02Mg0.02Ba0.01O2” which is cited to read on the claimed “the lithium metal oxide is coated or doped with at least one selected from the group consisting of Al, Ti, Ba, Zr, Si, B, Mg, P, V, W, alloys thereof, and oxides thereof” because it is a lithium metal oxide which includes dopants such as Mg and Ba). With regard to claim 11, Kono et al. discloses wherein the silicon-based active material includes SiOx (0<x<2) or Si-C complex (see Abstract teaching “a graphite carbon material and a material containing Si as a constituent element” which is cited to read on the claimed “Si-C complex” because it includes silicon and carbon). With regard to claim 12, Kono et al. discloses wherein the negative electrode active material includes 7 to 12 wt% of the silicon-based active material based on the total weight of the negative electrode active material (see Table 1, Ex. 1-2 teaching negative electrode active material includes 7.1%, cited to read on the claimed 7 to 12 wt% as it includes a value within the range of 7 to 12 wt%, of the cited silicon-based active material). With regard to claim 13, Kono et al. discloses further comprising a separator interposed between the positive electrode and the negative electrode (as depicted in Fig. 1B, a separator 3 interposed between the cited positive electrode 1 and the cited negative electrode 2). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (U.S. Pub. No. 2022/0407052 A1) teaching positive active material including lithium metal oxide with nickel (see [0012-0014]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN Q DAM whose telephone number is (571)270-5120. The examiner can normally be reached Monday through Friday, 6:00 AM to 2:00 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, Allison Bourke can be reached at (303) 297-4684. 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. /DUSTIN Q DAM/Primary Examiner, Art Unit 1721 June 17, 2026
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Prosecution Timeline

Feb 05, 2024
Application Filed
Jun 23, 2026
Non-Final Rejection mailed — §102 (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
23%
Grant Probability
48%
With Interview (+24.9%)
4y 7m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 705 resolved cases by this examiner. Grant probability derived from career allowance rate.

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