Prosecution Insights
Last updated: August 17, 2026
Application No. 18/590,728

DUAL-METAL ELECTRODE FOR METAL-AIR BATTERY

Non-Final OA §103
Filed
Feb 28, 2024
Examiner
LOVASZ, MYLES ALAN
Art Unit
Tech Center
Assignee
Nissan North America Inc.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
32 currently pending
Career history
18
Total Applications
across all art units

Statute-Specific Performance

§101
2.5%
-37.5% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
21.9%
-18.1% vs TC avg
§112
24.4%
-15.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 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 . Claims 1-20 are pending in the application 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. Claims 1-2, 6-9, 12-13, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent Application Publication No. 2021/0399282) in view of Huayu (US Patent Application Publication No. 2019/0334165). Regarding Claims 1-2, 6-9, and 12-13, Huang teaches a battery comprising a cathode, an anode (also the electrode, abstract), and an electrolyte disposed between the cathode and the anode (abstract and [0081], when the electrolyte is a solid electrolyte, it is necessary for the electrolyte to be disposed between the cathode and the anode for the battery to function). The anode (electrode) comprises a first layer formed of a first metal (zinc, [0032]), a second layer provided on a surface of the first layer, the second layer being in the form of a second metal, including magnesium and iron (coating layer, [0032], which may be pure element iron, magnesium, and other materials). Huang does not explicitly teach the second layer being a partial layer that does not completely cover the surface of the first layer. Huayu teaches a negative electrode for a secondary battery (title). Huayu further teaches the negative electrode including a first metal layer (lithium layer, fig. 1 ref. #4) with a second layer on the surface of the first metal layer (buffer layer, [0053], and fig. 1 ref. #3). The second layer of Huayu solves the same problem that the coating layer of Huang does, that being increasing the safety of the battery (Huang, [0032], and Huayu, [0013]). Huayu further teaches the second layer (buffer layer) is a partial layer the does not completely cover the surface of the first layer, but rather covers the first layer in a form of at least one strip formed of the second layer material ([0056], and fig. 3 ref. #3). This allows for enough of the first layer to be covered in order to increase the safety of the electrode, while leaving enough of the first layer uncovered to allow for good battery performance ([0056]). It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the strip shape of the second layer, as taught by Huayu, in the anode (electrode) of Huang. One of ordinary skill in the art would have been motivated to use this form for the balance of increased safety and good battery performance. Regarding Claim 17, Huang further teaches the electrolyte comprises a hydroxide selected from the group consisting of potassium hydroxide, sodium hydroxide, and lithium hydroxide ([0051]). Regarding Claim 20, the second layer is in contact with the electrolyte ([0032], the second layer protects the active material from the electrolyte, so it must be between the first layer and the electrolyte). Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent Application Publication No. 2021/0399282) in view of Huayu (US Patent Application Publication No. 2019/0334165), further in view of Kawamura (US Patent Application Publication No. 2022/0209243) and Chen (Influence of heat treatment on the discharge performance of Mg-Al and Mg-Zn alloys as anodes for the Mg-air battery, Chemical Engineering Journal, Volume 433, Part 3, 2022, 133797). Huang and Huayu are relied upon as described above. Modified Huang does not explicitly teach an alloy layer provided between the first layer and the second layer, the alloy layer comprising an alloy of the first metal and the second metal. Chen teaches a magnesium air battery that includes a magnesium-zinc alloy in the anode (abstract). The inclusion of the magnesium-zinc alloy allows for increased stability and energy density of the anode, via the heat treatment of the metals (abstract). It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to include the zinc-magnesium alloy, as taught by Chen, in the anode of modified Huang. One of ordinary skill in the art would have been motivated to make this inclusion for the increased stability and energy density. Kawamura teaches a method for making an alkaline secondary battery that has two metal layers (second layer and third layer, [0121] and fig. 5a ref. #20B, #20C) and an alloy layer (first region, [0121] and fig. 5a ref. #20A) of the two layers between them (abstract). Kawamura also teaches making the alloy layer by heating the two overlapping metal layers for a predetermined amount of time ([0212]), which allows for selective thickness of the alloy layer ([0087]). It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to form an alloy of the first layer and second layer as a third layer between the first layer and second layer, as taught by Kawamura. As this is done by using a known technique in the art, applied to yield a predictable result (the inclusion of the alloy leading to increased stability and energy density, as taught by Chen), a prima facie case of obviousness exists (MPEP 2143.I). Claims 4-5, 11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent Application Publication No. 2021/0399282) in view of Huayu (US Patent Application Publication No. 2019/0334165), further in view of Yoon (US Patent No. 6,495,283). Huang and Huayu are relied upon as described above. Regarding Claims 4-5 and 11, Modified Huang does not explicitly teach the first layer comprises at least one groove formed therein, and the second layer is provided in the at least one groove of the first layer, nor the at least one groove comprises a plurality of grooves each formed in a strip shape, and the second layer is provided in each of the plurality of grooves. Yoon teaches a battery with an electrode including an anode, a cathode, and an electrolyte between the anode and cathode (page 12 column 3 lines 25-36, and fig. 2 ref. #2-4, see below). Yoon further teaches the anode comprises a plurality of grooves (trenches), each formed in a strip shape (page 12, column 4, lines 16-20, and fig. 4 ref. #10a). In each groove, the anode and electrolyte are in contact (fig. 2 ref. #3 and #4, see below). This orientation allows for increased surface area of the electrode, which increases the current density and total current storage density of the battery (abstract). PNG media_image1.png 528 762 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the configuration of the electrode with a plurality of grooves in a strip shape, as taught by Yoon, in the electrode of modified Huang. One of ordinary skill in the art would have been motivated to use this configuration for the increased current density and total current storage density. With the above imported configuration of the electrode of modified Huang, as the second layer is provided on the surface between the first layer of the anode and the electrolyte, and the electrolyte is in the groove of the first layer, the second layer must be within the groove of the first layer. Regarding Claim 19, Modified Huang does not explicitly teach the electrolyte comprises at least one groove, and the second layer is provided within the at least one groove. Yoon teaches a battery with an electrode including an anode, a cathode, and an electrolyte between the anode and cathode (page 12 column 3 lines 25-36, and fig. 2 ref. #2-4, see below). Yoon further teaches the electrolyte comprises a plurality of grooves (trenches), each formed in a strip shape (page 12, column 4, lines 16-20, and fig. 4 ref. #10a). In each groove, the anode and electrolyte are in contact (fig. 2 ref. #3 and #4, see below). This orientation allows for increased surface area of the electrode, which increases the current density and total current storage density of the battery (abstract). PNG media_image2.png 528 756 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the configuration of the electrode with a plurality of grooves in a strip shape, as taught by Yoon, in the electrode of modified Huang. One of ordinary skill in the art would have been motivated to use this configuration for the increased current density and total current storage density. With the above imported configuration of the electrode of modified Huang, as the second layer is provided on the surface between the first layer of the anode and the electrolyte, and the anode is in the groove of the electrolyte, the second layer must be within the groove of the electrolyte. Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent Application Publication No. 2021/0399282) in view of Huayu (US Patent Application Publication No. 2019/0334165), further in view of Wittmaier (US Patent Application Publication No. 2019/0386362). Huang and Huayu are relied upon as described above. Modified Huang does not explicitly teach the cathode comprises a porous metal impregnated with a catalyst, the catalyst comprises at least one selected from the group consisting of: ruthenium oxide, an alloy comprising platinum, graphene, lanthanum strontium cobaltite, lanthanum strontium manganese chromite and samarium strontium cobaltite, nor the catalyst comprises ruthenium oxide doped with manganese. Wittmaier teaches a zinc air battery with an anode, cathode, and electrolyte (abstract). Wittmaier further teaches that the cathode comprises a porous metal ([0046], metal foam) impregnated with a catalyst ([0008]). The cathode is selected from ruthenium oxide, or ruthenium oxide doped with manganese ([0008], a mixture of ruthenium oxide and manganese oxide). This cathode allows for a high reversibility of the electrochemical cell ([0009]). It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the cathode of Wittmaier in the battery of modified Huang. One of ordinary skill in the art would have been motivated to make this inclusion for the increased reversibility of the battery. Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (US Patent Application Publication No. 2021/0399282) in view of Huayu (US Patent Application Publication No. 2019/0334165), further in view of Wittmaier (US Patent Application Publication No. 2019/0386362) and Mengjie (Integrative preparation of mesoporous epoxy resin–ceramic composite electrolytes with multilayer structure for dendrite-free lithium metal batteries, J. Mater. Chem. A (2018) 6 (39): 19094–19106). Huang, Huayu, and Wittmaier are relied upon as described above. Modified Huang does not explicitly teach the electrolyte comprises a mesoporous ceramic material that holds the hydroxide within mesopores. Mengjie teaches a composite electrolyte for a metal battery (abstract). Mengjie further teaches the composite electrolyte contains a mesoporous ceramic material (mesoporous epoxy resin-ceramic, abstract) that holds the liquid electrolyte (favorable wettability, abstract, meaning that it will hold the electrolyte). This mesoporous ceramic material allows for high ionic conductivity, good mechanical properties, favorable wettability, and excellent chemical stability (abstract). It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to include the mesoporous ceramic material of Mengjie in the electrolyte of modified Huang. One of ordinary skill in the art would have been motivated to make this inclusion for the high ionic conductivity, good mechanical properties, favorable wettability, and excellent chemical stability. Pertinent Art Not Cited The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cheol (Korean Patent Application Publication No. 2009/0061269, see English translation for KR-200990061269-A) teaches a battery anode with enhanced surface area, formed with semi-circular grooves (abstract and fig. 3). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Myles Alan Lovasz whose telephone number is (571)272-0214. The examiner can normally be reached Monday-Friday 7:30 am - 5:00 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, Alicia Chevalier can be reached at (571) 272-1490. 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. /MAL/ Myles Alan LovaszExaminer, Art Unit 1788 08/03/2026 /CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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Prosecution Timeline

Feb 28, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

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