Prosecution Insights
Last updated: October 01, 2026
Application No. 18/473,312

POSITIVE ELECTRODE MATERIAL AND BATTERY

Final Rejection §103
Filed
Sep 25, 2023
Priority
Apr 20, 2021 — JP 2021-071446 +1 more
Examiner
GONZALEZ RAMOS, MAYLA
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Panasonic Holdings Corporation
OA Round
2 (Final)
55%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allowance Rate
363 granted / 664 resolved
-10.3% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
48 currently pending
Career history
707
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 664 resolved cases

Office Action

§103
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 . Status of Claims This action is in response to Applicant’s Request for Reconsideration dated 06/15/2026. Claim(s) 1-6, 9-11 and 13-23 are currently pending. Claim(s) 1, 9 and 10 have been amended. Claim(s) 7, 8 and 12 have been canceled. Claim(s) 18-23 have been added. Response to Arguments Applicant’s arguments, see Remarks filed 06/15/2026, with respect to the rejection(s) of claims 1-6, 9-11 and 13-17 under 35 U.S.C. §§102 and 103 have been fully considered and are persuasive. The rejection(s) of claims 1-6, 9-11 and 13-17 have been withdrawn. Applicant’s arguments, see Page 9 of remarks filed 06/15/2026, with respect to new claims 20-23 have been fully considered but are not persuasive. Applicant argues that the cited references fail to teach a second electrolyte material represented by “a composition formula LiaMebYcX6, where a+m'b+3c=6, c>0, m' is valence of Me, and Me is at least one element selected from the group consisting of Mg, Ca, Sr, Ba, Zn, Sc, Al, Ga, Bi, Zr, Hf, Ti, Sn, Ta, and Nb, or the second electrolyte material contains one of Li3YX6, Li2MgX4, Li2FeX4, Li(Al, Ga, In)X4, or Li3(Al, Ga, In)X6, where X contains Cl,” as required by the claim. Examiner respectfully disagrees. Paras. [0042-0043] and [0105] of Sakaida disclose an identical composition to that in newly added claims 20 and 22. Accordingly, newly added claims 20-23 are rejected over Li in view of Sakaida, as set forth below. 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. 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. Claim(s) 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0111426 A1, Li et al. (hereinafter “Li”) in view of WO 2019/135323 A1, Sakaida et al. (hereinafter “Sakaida”), with US 2020/0328465 A1 used as an English language equivalent. Regarding claims 20 and 21 Li teaches a battery (20) [Fig. 1 and para. 0041] comprising: a positive electrode (24) [Fig. 1 and para. 0041]; a negative electrode (22) [Fig. 1 and para. 0041]; and an electrolyte layer (corresponding to separator 26 comprising a solid-state electrolyte) located between the positive electrode (24) and the negative electrode (22) [Fig. 1 and para. 0041], wherein the positive electrode (24) contains a positive electrode material (corresponding to positive solid-state electroactive particles 60) comprising: a positive electrode active material (positive solid-state electroactive particles 60 comprise one or more lithium-based positive electroactive materials such as, for example, LiNi0.5Mn1.5O4) [Fig. 1 and para. 0059]; a first solid electrolyte material (corresponding to LiNbO3 coating layer) coating at least a portion of a surface of the positive electrode active material (the positive solid-state electroactive particles 60 may be coated with LiNbO3) [para. 0060]; and a second electrolyte material (corresponding to solid-state electrolyte particles 92) [Fig. 1, paras. 0041 and 0061], and a second electrolyte material (corresponding to solid-state electrolyte particles 92) [Fig. 1, paras. 0041 and 0061], wherein wherein the first solid electrolyte material contains Li, Nb, and O (LiNbO3) [para. 0060], and the positive electrode active material (1) contains a material represented by the following composition formula (1): LiNixMn2-xO4 Formula (1) where x satisfies 0 < x < 2 (LiNi0.5Mn1.5O4) [para. 0059]. PNG media_image1.png 376 460 media_image1.png Greyscale Li, Fig. 1 Li does not teach the second electrolyte material (92) being represented by a composition formula LiaMebYcX6, where a+m'b+3c=6, c>0, m' is valence of Me, and Me is at least one element selected from the group consisting of Mg, Ca, Sr, Ba, Zn, Sc, Al, Ga, Bi, Zr, Hf, Ti, Sn, Ta, and Nb, or the second electrolyte material containing one of Li3YX6, Li2MgX4, Li2FeX4, Li(Al, Ga, In)X4, or Li3(Al, Ga, In)X6, where X contains Cl. Sakaida teaches a battery comprising a solid electrolyte material represented by the formula LiaMebYcX6, where a+m'b+3c=6, c>0, m' is valence of Me, and Me is at least one element selected from the group consisting of Mg, Ca, Sr, Ba, Zn, Sc, Al, Ga, Bi, Zr, Hf, Ti, Sn, Ta, and Nb [paras. 0042-0043], or the second electrolyte material containing one of Li3YX6, Li2MgX4, Li2FeX4, Li(Al, Ga, In)X4, or Li3(Al, Ga, In)X6, where X contains Cl [paras. 0032-0035 and 0105]. The solid electrolyte material of Sakaida improves the ion conductivity of the electrolyte material and decreases the risk of the short circuit due to precipitation of a lithium metal at the time of overcharging, thereby improving safety [para. 0036]. Li and Sakaida are analogous inventions in the field of batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second electrolyte material of Li to comprise the electrolyte material disclosed in Sakaida, for the purpose of improving the ion conductivity of the electrolyte material and suppressing the risk of short circuits due to precipitation of a lithium metal at the time of overcharging, thereby improving safety. It is noted that one would have found obvious to modify only the second electrolyte material, as the first electrolyte material in Li constitutes a coating layer over the positive electrode active material, while the second electrolyte material (92) of Li are disclosed to comprise the same material as that in the electrolyte layer (particles 30) [para. 0061]. Regarding claims 22 and 23 Li teaches a battery (20) [Fig. 1 and para. 0041] comprising: a positive electrode (24) [Fig. 1 and para. 0041]; a negative electrode (22) [Fig. 1 and para. 0041]; and an electrolyte layer (corresponding to separator 26 comprising a solid-state electrolyte) located between the positive electrode (24) and the negative electrode (22) [Fig. 1 and para. 0041], wherein the positive electrode (24) contains a positive electrode material (corresponding to positive solid-state electroactive particles 60) comprising: a positive electrode active material (positive solid-state electroactive particles 60 comprise one or more lithium-based positive electroactive materials such as, for example, LiNi0.5Mn1.5O4) [Fig. 1 and para. 0059]; a first solid electrolyte material (corresponding to LiNbO3 coating layer) coating at least a portion of a surface of the positive electrode active material (the positive solid-state electroactive particles 60 may be coated with LiNbO3) [para. 0060]; and a second electrolyte material (corresponding to solid-state electrolyte particles 92) [Fig. 1, paras. 0041 and 0061], and a second electrolyte material (corresponding to solid-state electrolyte particles 92) [Fig. 1, paras. 0041 and 0061], wherein wherein the first solid electrolyte material contains Li, Nb, and O (LiNbO3) [para. 0060], and the positive electrode active material (1) contains a material represented by the following composition formula (1): LiNixMn2-xO4 Formula (1) where x satisfies 0 < x < 2 (LiNi0.5Mn1.5O4) [para. 0059]. Li does not teach the second electrolyte material containing one of Li3YBr2Cl4, or Li2.7Y1.1Cl6. Sakaida teaches a battery comprising a solid electrolyte material represented by the formula Li3-3δY1+δCl6, where 0<δ≤0.15 [para. 0056-0057], said composition reading on the claimed Li2.7Y1.1Cl6. The solid electrolyte material of Sakaida improves the ion conductivity of the electrolyte material thereby further improving the charge/discharge efficiency of the battery [para. 0058]. Li and Sakaida are analogous inventions in the field of batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second electrolyte material of Li to comprise the electrolyte material disclosed in Sakaida, for the purpose of improving the ion conductivity of the electrolyte material thereby further improving the charge/discharge efficiency of the battery. It is noted that one would have found obvious to modify only the second electrolyte material, as the first electrolyte material in Li constitutes a coating layer over the positive electrode active material, while the second electrolyte material (92) of Li are disclosed to comprise the same material as that in the electrolyte layer (particles 30) [para. 0061]. Allowable Subject Matter Claims 1-6, 9-11 and 13-19 are allowed. The following is an examiner’s statement of reasons for allowance: The prior art of record, whether alone or in combination, fails to teach or fairly suggest the second electrolyte material containing “a material represented by the following composition formula (2): LiαMβXγOδ Formula (2) where α, β, and γ are values greater than 0, δ is a value greater than 0, M is at least one selected from the group consisting of metallic elements other than Li and metalloid elements, and X is at least one element selected from the group consisting of Cl and Br,” in the context of other limitations required in the claims. Li modified by Sakaida discloses a second electrolyte containing a material represented by the following formula: LiαMβXγOδ [Sakaida, para. 0032-0035], where α, β, and γ are values greater than 0, δ is a value greater than or equal to 0, M is at least one selected from the group consisting of metallic elements other than Li and metalloid elements, and X is at least one element selected from the group consisting of Cl and Br (LiαMβXγ, where, α, β and γ are values larger than 0, M includes at least one of metalloid elements and metal elements other than Li, and X is one or more kinds of elements selected from the group consisting of Cl, Br and I [Sakaida, paras. 0032-0035]. Therefore, modified Li does not teach a material where δ is a value greater than 0. Accordingly, the claim is allowed. Regarding claims 2-6, 9-11 and 13-19 Claims 2-6, 9-11 and 13-19 are allowed for their dependency on claim 1. Conclusion THIS ACTION IS MADE FINAL. 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 MAYLA GONZALEZ RAMOS whose telephone number is (571)272-5054. The examiner can normally be reached Monday - Thursday, 9:00-5:00 - EST. 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. /MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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Prosecution Timeline

Sep 25, 2023
Application Filed
Mar 31, 2026
Non-Final Rejection mailed — §103
Jun 15, 2026
Response Filed
Aug 27, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
55%
Grant Probability
68%
With Interview (+13.8%)
2y 12m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 664 resolved cases by this examiner. Grant probability derived from career allowance rate.

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