Prosecution Insights
Last updated: August 17, 2026
Application No. 18/490,203

HYBRID COATING FOR LITHIUM METAL PROTECTION

Non-Final OA §103
Filed
Oct 19, 2023
Examiner
MARTIN, TRAVIS LYNDEN
Art Unit
4100
Tech Center
4100
Assignee
GM Global Technology Operations LLC
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
38 granted / 65 resolved
-1.5% vs TC avg
Strong +44% interview lift
Without
With
+43.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
25 currently pending
Career history
89
Total Applications
across all art units

Statute-Specific Performance

§103
43.3%
+3.3% vs TC avg
§102
28.6%
-11.4% vs TC avg
§112
26.5%
-13.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 65 resolved cases

Office Action

§103
Introductory Notes Any paragraph citation of the instant is in reference to the U.S. published patent application. 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 . Joint Inventors This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Election/Restrictions Applicant’s election without traverse of Group I, claims 1 through 15 in the reply filed on 6/9/2026 is acknowledged. Claims 16-20 (now cancelled) are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and/or species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/9/2026. In the interest in compact prosecution, new claims 21-25 are being treated as part of Group I. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Fig. 4A, reference 186 Fig. 6, reference 620 Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim 12 is objected to because of the following informalities: “an anode current collector” should read “the” given claim 12 depends from claim 8 which also states “an anode current collector”, furthermore the limitation is seemingly redundant. Appropriate correction is required. Claim Rejections - 35 USC § 103 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 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. Claims 1-15 and 21-25 are rejected under 35 U.S.C. 103 as being unpatentable over XIAO (US 20190067675 A1) in view of NAKAMURA (US 20220013764 A1). Regarding claim 1, XIAO discloses a method of forming a lithium ion battery (“lithium metal battery” [0007]) comprising depositing a fluoropolymer layer (“applying a fluoropolymer via a deposition process to one or more surface regions of an electroactive material” [0011]) to provide a lithium anode (“method of making a negative electrode for an electrochemical cell” [0011]). XIAO does not expressly teach exposing a first surface of a lithium layer to carbon dioxide gas. NAKAMURA is directed to a lithium metal anode (see [0009]) like XIAO. NAKAMURA discloses “exposing the negative electrode in a carbon dioxide gas atmosphere” [0028] to form a “lithium carbonate-containing region in the surface layer portion of the negative electrode material layer” [0028]. NAKAMURA teaches that by exposing the electrode to carbon dioxide gas to form the lithium carbonate leads to “an increase in internal resistance of an electrochemical device can be effectively suppressed” [0011]. Also, NAKAMURA provides Table 1 which summarizes the results of Examples A1 to A4 and shows that “the DCR [resistance] is greatly reduced and the capacitance is improved by setting the thickness of the lithium carbonate-containing region to 1 nm or more” [0079]. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to expose the negative electrode in a carbon dioxide gas atmosphere. The motivation to do so being to form a lithium carbonate-containing region in the surface layer portion of the negative electrode material layer which in turn leads to greatly reduced resistance and improved capacity. Therefore, modified XIAO discloses exposing a first surface of a lithium layer to carbon dioxide gas; forming a lithium carbonate layer on the first surface of the lithium layer, which leads to a subsequent second surface of the lithium carbonate layer (as taught by NAKAMURA) Regarding claim 2, modified XIAO discloses all the claim limitations as set forth above and NAKAMURA further discloses forming the lithium carbonate layer includes forming the lithium carbonate layer exhibiting a thickness of less than 50 nanometers (“1 nm to 100 nm, inclusive, by exposing the negative electrode in a carbon dioxide gas atmosphere” [009] as well examples A1, A2, and A3 as given in Table 1 with thicknesses of 1, 5, and 30 nm respectively). Regarding claim 3, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing the fluoropolymer layer includes depositing a plurality of fluoropolymer fragments of a fluoropolymer using a physical deposition process (“deposition process may be selected from the group consisting of: physical vapor deposition (PVD)” [0085]), wherein the plurality of fluoropolymer fragments impinge on the lithium carbonate layer (“composite surface layer 62 has strong interfacial bonding with the electroactive material 60 that avoids delamination” [0079] as well as “the composite surface layer 62 includes an organic matrix material 70 having lithium fluoride particles 72 distributed therein. The lithium fluoride particles 72 may be nanoparticles” [0076] thus reading on fluoropolymer of XIAO impinging on a sub-layer, which in the case of modified XIAO is lithium carbonate per NAKAMURA; notably the instant states in [0044] the use of “physical deposition process such as thermal evaporation or sputtering” to create the impingement, which is the same as XIAO’s “(PVD) processes may include thermal evaporation, sputtering” [0085] and use of a magnetron in the Examples per [0088]). Regarding claim 4, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing the fluoropolymer layer includes depositing the fluoropolymer layer having a thickness in the range of 5 nanometers to 100 nanometers (“greater than or equal to about 10 nm to less than or equal to about 20 nm” [0079]). Regarding claim 5, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing the fluoropolymer layer includes depositing a plurality of fluoropolymer fragments of at least one of polyvinyl fluoride … (“polyvinyl fluoride” [0012]). Regarding claim 6, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing the fluoropolymer layer using a physical deposition process includes depositing the fluoropolymer layer by thermal evaporation of the fluoropolymer from a fluoropolymer target (“thermal evaporation” [0085]). Regarding claim 7, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing the fluoropolymer layer using a physical deposition process includes depositing the fluoropolymer layer by sputtering the fluoropolymer from a fluoropolymer target (“sputtering” [0085]). Regarding claim 8, XIAO discloses “lithium metal provided as a foil or a film” [0065], though understood by one of ordinary skill in the art, XIAO does not expressly teach forming the lithium metal film by thermal evaporation. NAKAMURA discloses “metal lithium may be formed into a film on the surface of the negative electrode material layer by a vacuum vapor deposition apparatus” [0029] and “a lithium evaporation source” [0029]. NAKAMURA discloses in Example 1 the use of a film of “metal lithium was formed on the entire surface of the negative electrode material layer by vacuum deposition” [0064] on a “copper foil” [0063} current collector. NAKAMURA teaches chamber pressure, lithium source temperature, as well as target layer temperatures per [0029] and as such one of ordinary skill in the art could readily envision and practice forming the lithium metal film by thermal evaporation. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize thermal vapor deposition. The motivation to do so being it is a well-established manner of forming a lithium film. Therefore, modified XIAO discloses forming the lithium layer by thermally evaporating lithium and depositing the lithium on a substrate (as taught by NAKAMURA). Regarding claim 9, modified XIAO discloses all the claim limitations as set forth above and NAKAMURA further discloses the substrate is an anode current collector (“the negative electrode 22 may be in the form of lithium metal, such as a metal film comprising lithium (e.g., lithium foil)” [0064] wherein the substrate is a “a current collector” [0065]). Regarding claim 10, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses assembling the lithium anode into a battery cell (“electrochemical cell that cycles lithium ions” per claim 11). Regarding claim 11, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses assembling the lithium anode into a battery cell includes positioning a separator between a cathode and the lithium anode (“assembling the negative electrode of claim 1 with a positive electrode, a separator, and an electrolyte to form the electrochemical cell” per claim 11). Regarding claim 12, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses the cathode is formed on a cathode current collector (positive electrode current collector 34) and the lithium anode is formed on an anode current collector (negative electrode current collector 32). Regarding claim 13, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses defluorinating the fluoropolymer layer and forming a hybrid coating layer including a plurality of lithium fluoride domains and a plurality of lithium carbonate domains (“composite material of the composite surface layer 62 thus forms during the defluorination reaction of the fluoropolymer” [0073] as well as “lithium fluoride particles 72 separate from and are distributed within the substantially defluorinated organic matrix material 70 that comprises a carbon-based composition” [0073] where the carbon-based composition of XIAO in combination with the carbonate layer of modified XIAO per NAKAMURA reads on carbonate domains). Regarding claim 14, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses forming a carbonaceous matrix around the plurality of lithium fluoride domains and the plurality of lithium carbonate domains (as shown conceptually in Fig. 3 and via XRD in Fig. 4 which shows “nano-sized LiF crystal structures distributed within the coating/surface layer” [0077] where the carbon-based composition of XIAO in combination with the carbonate layer of modified XIAO per NAKAMURA reads on carbonate domains). Regarding claim 15, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses sealing the battery cell in a pouch and introducing an electrolyte into the battery cell (“protective bagging material covers the cell and prevents infiltration of air and moisture. Into this bag, an electrolyte is injected into the separator” [0069]). Regarding claim 21, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses defluorinating includes baking the lithium anode at a temperature in the range of a vaporization temperature of water and less than a heat deflection temperature of the separator (“After depositing the composite surface layer, it may be subjected to a secondary heat treatment, for example, exposed to 120° C” [0085] wherein ‘less than a heat deflection temperature of the separator’ may broadly be read as less than the heat deflection temperature “of a thermoplastic polymer” per [0048] of the instant and 120°C is just above the vaporization temperature of water and well below the heat deflection temperatures of thermoplastic polymers; notably the instant does not give an example baking temperature). Regarding claim 22, modified XIAO discloses all the claim limitations as set forth above and NAKAMURA further discloses the carbonaceous matrix includes one or more of carbon and short chain hydrocarbons having a chain length of no greater than that of the fluoropolymer in the fluoropolymer layer (“carbonate” [0028] thereby including carbon). Regarding claim 23, XIAO discloses a method of forming a lithium ion battery (“lithium metal battery” [0007]), comprising: depositing a lithium layer onto a substrate (“lithium metal provided as a foil or a film” [0065] wherein as a film reads on depositing onto a substrate); XIAO does not expressly teach exposing a first surface of a lithium layer to carbon dioxide gas. NAKAMURA is directed to a lithium metal anode (see [0009]) like XIAO. NAKAMURA discloses “exposing the negative electrode in a carbon dioxide gas atmosphere” [0028] to form a “lithium carbonate-containing region in the surface layer portion of the negative electrode material layer” [0028]. NAKAMURA teaches that by exposing the electrode to carbon dioxide gas to form the lithium carbonate leads to “an increase in internal resistance of an electrochemical device can be effectively suppressed” [0011]. Also, NAKAMURA provides Table 1 which summarizes the results of Examples A1 to A4 and shows that “the DCR [resistance] is greatly reduced and the capacitance is improved by setting the thickness of the lithium carbonate-containing region to 1 nm or more” [0079]. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to expose the negative electrode in a carbon dioxide gas atmosphere. The motivation to do so being to form a lithium carbonate-containing region in the surface layer portion of the negative electrode material layer which in turn leads to greatly reduced resistance and improved capacity. Therefore, modified XIAO discloses exposing a first surface of a lithium layer to carbon dioxide gas; forming a lithium carbonate layer on the first surface of the lithium layer, which leads to a subsequent second surface of the lithium carbonate layer (as taught by NAKAMURA). Modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing a fluoropolymer layer on a second surface of the lithium carbonate layer (“applying a fluoropolymer via a deposition process to one or more surface regions of an electroactive material” [0011]) to provide a lithium anode (“method of making a negative electrode for an electrochemical cell” [0011]); baking the lithium anode (“After depositing the composite surface layer, it may be subjected to a secondary heat treatment, for example, exposed to 120° C” [0085]); forming a hybrid coating layer including a plurality of lithium fluoride domains and a plurality of lithium carbonate domains (“composite material of the composite surface layer 62 thus forms during the defluorination reaction of the fluoropolymer” [0073] as well as “lithium fluoride particles 72 separate from and are distributed within the substantially defluorinated organic matrix material 70 that comprises a carbon-based composition” [0073] where the carbon-based composition of XIAO in combination with the carbonate layer of modified XIAO per NAKAMURA reads on carbonate domains); and forming a carbonaceous matrix around the plurality of lithium fluoride domains and the plurality of lithium carbonate domains (as shown conceptually in Fig. 3 and via XRD in Fig. 4 which shows “nano-sized LiF crystal structures distributed within the coating/surface layer” [0077] where the carbon-based composition of XIAO in combination with the carbonate layer of modified XIAO per NAKAMURA reads on carbonate domains). Regarding claim 24, modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses assembling the lithium anode with a cathode, a separator placed between the lithium anode and the cathode, and an electrolyte in a housing (“assembling the negative electrode of claim 1 with a positive electrode, a separator, and an electrolyte to form the electrochemical cell” per claim 11), wherein a baking temperature is less than a heat deflection temperature of the separator and greater than a vaporization temperature of water (“After depositing the composite surface layer, it may be subjected to a secondary heat treatment, for example, exposed to 120° C” [0085] wherein ‘less than a heat deflection temperature of the separator’ may broadly be read as less than the heat deflection temperature “of a thermoplastic polymer” per [0048] of the instant and 120°C is just above the vaporization temperature of water and well below the heat deflection temperatures of thermoplastic polymers; notably the instant does not give an example baking temperature). Regarding claim 25, XIAO discloses a method of forming a lithium ion battery (“lithium metal battery” [0007]). XIAO does not expressly teach exposing a first surface of a lithium layer to carbon dioxide gas. NAKAMURA is directed to a lithium metal anode (see [0009]) like XIAO. NAKAMURA discloses “exposing the negative electrode in a carbon dioxide gas atmosphere” [0028] to form a “lithium carbonate-containing region in the surface layer portion of the negative electrode material layer” [0028]. NAKAMURA teaches that by exposing the electrode to carbon dioxide gas to form the lithium carbonate leads to “an increase in internal resistance of an electrochemical device can be effectively suppressed” [0011]. Also, NAKAMURA provides Table 1 which summarizes the results of Examples A1 to A4 and shows that “the DCR [resistance] is greatly reduced and the capacitance is improved by setting the thickness of the lithium carbonate-containing region to 1 nm or more” [0079]. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to expose the negative electrode in a carbon dioxide gas atmosphere. The motivation to do so being to form a lithium carbonate-containing region in the surface layer portion of the negative electrode material layer which in turn leads to greatly reduced resistance and improved capacity. Therefore, modified XIAO discloses exposing a first surface of a lithium layer to carbon dioxide gas; forming a lithium carbonate layer on the first surface of the lithium layer, which leads to a subsequent second surface of the lithium carbonate layer (as taught by NAKAMURA). Modified XIAO discloses all the claim limitations as set forth above and NAKAMURA further discloses removing excess carbon dioxide gas from the process chamber (“a chamber of an apparatus was purged with carbon dioxide … the pressure inside the chamber was 1 atm … time for exposing the negative electrode to the carbon dioxide gas atmosphere was varied as shown in Table 1” [0065] where a time limit indicates at some point the CO2 gas is not present and therefore removed and NAKAMURA demonstrates control of the pressure). Modified XIAO discloses all the claim limitations as set forth above and XIAO further discloses depositing a lithium layer onto a substrate (“lithium metal provided as a foil or a film” [0065] wherein as a film reads on depositing onto a substrate); assembling the lithium anode into a battery cell with a cathode and a separator, wherein the separator is positioned between the anode and the cathode (“assembling the negative electrode of claim 1 with a positive electrode, a separator, and an electrolyte to form the electrochemical cell” per claim 11); baking the lithium anode (“After depositing the composite surface layer, it may be subjected to a secondary heat treatment, for example, exposed to 120° C” [0085]); forming a hybrid coating layer including a plurality of lithium fluoride domains and a plurality of lithium carbonate domains (“composite material of the composite surface layer 62 thus forms during the defluorination reaction of the fluoropolymer” [0073] as well as “lithium fluoride particles 72 separate from and are distributed within the substantially defluorinated organic matrix material 70 that comprises a carbon-based composition” [0073] where the carbon-based composition of XIAO in combination with the carbonate layer of modified XIAO per NAKAMURA reads on carbonate domains); forming a carbonaceous matrix around the plurality of lithium fluoride domains and the plurality of lithium carbonate domains (as shown conceptually in Fig. 3 and via XRD in Fig. 4 which shows “nano-sized LiF crystal structures distributed within the coating/surface layer” [0077] where the carbon-based composition of XIAO in combination with the carbonate layer of modified XIAO per NAKAMURA reads on carbonate domains). charge and discharge cycling the battery cell (“each discharge and charge event is considered to be a cycle” [0055]); and forming further lithium fluoride domains and lithium carbonate domains (“defluorination reaction of the fluoropolymer may occur in situ during the first few cycles” [0075] wherein this ‘forming further’ limitation is indicated as having support in instant [0042]-[0050] per the remarks of 6/9/2026 and instant [0050] states “defluorination reaction may continue” and according to [0042] of the instant it is the “defluorination reaction” that lead to “lithium fluoride and lithium carbonate [to] form individual domains”). Conclusion The prior art made of record and not relied upon considered pertinent to applicant's disclosure: SPILLMAN (US 20030049524 A1) directed to lithium carbonate passivation layer on lithium through exposure of the active material to gaseous carbon dioxide prior to cell assembly. CHAO (US 20190051926 A1) directed to polyvinylidene fluoride layer coating and an anode including lithium metal. CHO (US 20160372743 A1) directed to a multi-layer polymer coating over the lithium metal layer wherein the polymers include fluoropolymers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS L MARTIN whose telephone number is (703)756-5449. The examiner can normally be reached M-F, 8am-5pm ET. 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. /T.L.M./Examiner, Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
Read full office action

Prosecution Timeline

Oct 19, 2023
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12706318
VOLTAGE MEASURING DEVICE FOR MEASURING THE VOLTAGE OF A PLURALITY OF ELECTROCHEMICAL CELLS OF AN ELECTROCHEMICAL REACTOR
4y 2m to grant Granted Aug 11, 2026
Patent 12706340
BATTERY PACK
4y 2m to grant Granted Aug 11, 2026
Patent 12700611
SECONDARY BATTERY
3y 9m to grant Granted Aug 04, 2026
Patent 12695121
NON-AQUEOUS ELECTROLYTES FOR BATTERIES
4y 6m to grant Granted Jul 28, 2026
Patent 12689072
METHOD FOR DETECTING LITHIUM PLATING, AND METHOD AND DEVICE FOR MANAGING BATTERY BY USING SAME
3y 11m to grant Granted Jul 21, 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
58%
Grant Probability
99%
With Interview (+43.9%)
3y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 65 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