Prosecution Insights
Last updated: August 16, 2026
Application No. 18/562,562

SECONDARY BATTERY, ELECTRONIC DEVICE, AND FLYING OBJECT

Non-Final OA §102§103
Filed
Nov 20, 2023
Priority
Jun 02, 2021 — JP 2021-093253 +1 more
Examiner
HARRIS, MARY GRACE
Art Unit
Tech Center
Assignee
Semiconductor Energy Laboratory Co., Ltd.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
136 granted / 198 resolved
+8.7% vs TC avg
Strong +32% interview lift
Without
With
+31.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
50 currently pending
Career history
240
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
59.5%
+19.5% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 198 resolved cases

Office Action

§102 §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 . Election/Restrictions Applicant’s election of Group I in the reply filed on 07/15/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicant has cancelled non-elected claims 2-4, 12-17, and 19-21. Response to Amendment In response to the amendment received on 07/15/2026: Claims 1, 5-11, and 18 are pending in the current application. Claims 2-4, 12-17, and 19-21 have been cancelled in the claim set filed 07/15/2026. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Duplicate Claim Warning Applicant is advised that should claim 7 be found allowable, claim 18 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. Claim 7 recites “The secondary battery according to claim 1, wherein the negative electrode active material comprises silicon, tin, gallium, aluminum, germanium, lead, antimony, bismuth, silver, zinc, cadmium, or indium”. Claim 18 recites “The secondary battery according to claim 1, wherein the negative electrode active material comprises silicon, tin, gallium, aluminum, germanium, lead, antimony, bismuth, silver, zinc, cadmium, or indium”. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim Rejections - 35 USC § 102 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. Claims 1, 7-8, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morimoto (JP2008243736A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet). Regarding claim 1, Morimoto discloses a secondary battery (lithium-ion secondary battery 1 in Figs. 1-3) comprising a positive electrode layer (positive electrode 10 in Figs. 1-3); a negative electrode layer (negative electrode 20 in Figs. 1-3); and an electrolyte layer positioned between the positive electrode layer and the negative electrode layer (electrolyte 30 in Figs. 1-3; see entire disclosure and especially P22), wherein the positive electrode layer comprises a positive electrode active material and a first solid electrolyte (positive electrode active material layer 12 can include a mixture of positive electrode active material particles 13 and solid electrolyte particles 14 in Figs. 2-3; see entire disclosure and especially P25, 44, 51, 58), wherein the negative electrode layer comprises a negative electrode active material and a second solid electrolyte (the negative electrode active material layer 22 can include a mixture of negative electrode active material particles 23 and solid electrolyte particles 24 in Figs. 2-3; see entire disclosure and especially P29, 45, 58), wherein the electrolyte layer comprises a third solid electrolyte and an ionic liquid (electrolyte 30 is a hybrid of solid electrolyte (31 in Figs. 2-3) and an electrolyte solution (32 in Figs. 2-3); the electrolyte solution 32 can include an ionic liquid; see entire disclosure and especially P31, 33, 36, 47), and wherein a space in the third solid electrolyte is impregnated with the ionic liquid (there are spaces between the solid electrolyte particles 31, see Figs. 2-3 and the annotated Fig. 3 below; the electrolyte solution 32 “fills the gap” between the solid electrolyte particles 31 and the negative electrode/positive electrode; therefore, the ionic liquid in the electrolyte solution 32 would impregnate (fill) the spaces between the solid electrolyte particles 31 as seen in the annotated Fig. 3 below). PNG media_image1.png 477 1082 media_image1.png Greyscale Annotated Morimoto Fig. 3 Regarding claims 7 and 18, Morimoto discloses wherein the negative electrode active material comprises silicon, tin, gallium, aluminum, germanium, lead, antimony, bismuth, silver, zinc, cadmium, or indium (alloys such as LiAl, LiAg, LiPb, LiSi; see entire disclosure and especially P29). Regarding claim 8, Morimoto discloses wherein the negative electrode active material comprises a carbon material (graphite, non-graphitizable carbon, easily graphitizable carbon, fullerenes; see entire disclosure and especially P29). Claims 1, 7-8, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hikosaka et al (JP2021018860A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet). Regarding claim 1, Hikosaka discloses a secondary battery (all-solid-state lithium ion secondary battery 102 in Fig. 1) comprising a positive electrode layer (positive electrode 114 in Fig. 1); a negative electrode layer (negative electrode 116 in Fig. 1); and an electrolyte layer positioned between the positive electrode layer and the negative electrode layer (electrolyte 112 in Fig. 1; see entire disclosure and especially P16-18), wherein the positive electrode layer comprises a positive electrode active material and a first solid electrolyte (positive electrode active material 214 and lithium ion conductor 204, which is a solid electrolyte, in Fig. 1; see entire disclosure and especially P20, 23), wherein the negative electrode layer comprises a negative electrode active material and a second solid electrolyte (negative electrode active material 216 and lithium ion conductor 206, which is a solid electrolyte, in Fig. 1; see entire disclosure and especially P21, 23), wherein the electrolyte layer comprises a third solid electrolyte and an ionic liquid (lithium ion conductor 202 which is a solid electrolyte in Fig. 1; the lithium ion conductor 202 can contain an ionic liquid having lithium-ion conductivity; see entire disclosure and especially P19, 23-28, 30-31), and wherein a space in the third solid electrolyte is impregnated with the ionic liquid (P30 describes the lithium ion conductor 202 contains an ionic liquid in addition to an LLZ-based lithium ion conductive powder in the state of a pressure-molded body (compacted powder); P31 states that in the state of the pressure-molded body, an ionic liquid functions as a lithium ion conduction path is interposed at the grain boundaries of the conductive powder throughout the entire body; therefore, it can be believed that the lithium ion conductor 202 being a compacted powder which contains an ionic liquid is a solid electrolyte impregnated with an ionic liquid). Regarding claims 7 and 18, Hikosaka discloses wherein the negative electrode active material comprises silicon, tin, gallium, aluminum, germanium, lead, antimony, bismuth, silver, zinc, cadmium, or indium (Li-Al alloy, Silicon, SiO; see entire disclosure and especially P21). Regarding claim 8, Hikosaka discloses wherein the negative electrode active material comprises a carbon material (graphite, natural graphite, artificial graphite, core-shell type graphite coated with low-crystallinity carbon on the surface; see entire disclosure and especially P21). 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. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto (JP2008243736A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet) as applied to claim 1 or Hikosaka et al (JP2021018860A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet) as applied to claim 1, further in view of Takahashi (US 20140342219 A1). Regarding claims 5-6, both Morimoto and Hikosaka disclose wherein the positive electrode active material can comprise lithium cobalt oxide (see P25 of Morimoto and P20 of Hikosaka). However, neither Morimoto or Hikosaka disclose wherein the lithium cobalt oxide has a layered rock-salt crystal structure. In a similar field of endeavor, Takahashi teaches a secondary battery including a positive electrode, negative electrode, separator, and an electrolyte solution (P43). Takahashi teaches instead of the electrolyte solution, a solid electrolyte can be used (P131). Takahashi teaches when a solid electrolyte is used, it is not necessary to provide a separator (P131). Takahashi teaches a positive electrode active material layer can include a lithium-containing material with a layered rock-salt crystal structure such as lithium cobalt oxide (LiCoO2) (P94). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Momma and selected the lithium cobalt oxide positive electrode active material of Morimoto and/or Hikosaka to be a lithium cobalt oxide (LiCoO2) having a layered rock-salt crystal structure, given Takashi teaches it as a known material to be used in a positive electrode active material layer and the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07). Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto (JP2008243736A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet) as applied to claim 1 or Hikosaka et al (JP2021018860A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet) as applied to claim 1, further in view of Jaulerry (US 9612617 B1). Regarding claims 9-10, neither Morimoto or Hikosaka disclose wherein the secondary battery is comprised inside a watch-type electronic device, wherein the secondary battery is in a belt. Jaulerry teaches a wearable device (150 in Fig. 1A, 3A, 4A-4E) which may perform many of the same functions as a mobile computing device, smart phone, mobile phone, handheld computer, laptop, desktop computer, a game console, server, workstation, computer terminal, workstation, or the like (C4 / L48-58). One of ordinary skill in the art would recognize this device as a smart watch when viewing Jaulerry Fig. 3A and Figs. 4A-4E. Jaulerry teaches the device can include a power system group (157 in Fig. 1B) having an induction charging system (156 in Fig. 1B) a rechargeable battery (154 in Fig. 1B; C6 / L20-22). Jaulerry teaches the induction charging system aids in charging the rechargeable battery (C6 / L22-27). Jaulerry teaches the rechargeable battery can be a lithium-ion battery (C6 / L27-32). Jaulerry teaches the power from the battery can power the device (C7 / L13-15). Jaulerry teaches the wearable device includes a case (302 in Figs. 4A-4E) and a wristband (304 in Figs. 4A-4E; C8 / L37-40). Jaulerry teaches the wristband includes a hermetically sealed rechargeable battery (C8 / L41-42). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Jaulerry and provided the secondary battery of Morimoto and/or Hikosaka to be comprised inside a watch-type electronic device, wherein the secondary battery is in a wristband (belt) of the electronic device, given Jaulerry teaches a battery can be utilized inside wristband of a smart watch wearable device and power the device. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Morimoto (JP2008243736A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet) as applied to claim 1 or Hikosaka et al (JP2021018860A, given in the 02/16/2024 IDS, using the provided machine English translation from Espacenet) as applied to claim 1, further in view of Zhao (US 20150158392 A1). Regarding claim 11, neither Morimoto or Hikosaka disclose wherein the secondary battery is comprised inside flying object. Zhao teaches a movable object that is to be powered by a power supply (P69, 71). Zhao teaches the power supply can include a battery or battery pack having one or more secondary batteries (P71). Zhao teaches an unmanned aerial vehicle (UAV) as an example of the moveable object (900 in Fig. 9, P129). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Zhao and provided the secondary battery of Morimoto and/or Hikosaka to be comprised inside a flying object, such as the unmanned aerial vehicle of Zhao, given Zhao teaches an unmanned aerial vehicle is an example of a moveable object that can be powered by a battery or battery packing have one or more secondary batteries. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary Harris whose telephone number is (571)272-0690. The examiner can normally be reached M-F 8 am-5 pm 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, Ula Ruddock can be reached at (571)272-1481. 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. /MARY GRACE HARRIS/Examiner, Art Unit 1729
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Prosecution Timeline

Nov 20, 2023
Application Filed
Jul 31, 2026
Non-Final Rejection mailed — §102, §103 (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
69%
Grant Probability
99%
With Interview (+31.5%)
3y 1m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 198 resolved cases by this examiner. Grant probability derived from career allowance rate.

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