Prosecution Insights
Last updated: October 02, 2026
Application No. 18/709,893

Cathode with a Fluorine-Containing Polymer, and Solid-State Battery Comprising the Cathode

Non-Final OA §102§103
Filed
May 14, 2024
Priority
Dec 01, 2021 — DE 10 2021 131 511.5 +1 more
Examiner
NGUYEN, KEVIN NMN
Art Unit
Tech Center
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
47 granted / 57 resolved
+22.5% vs TC avg
Moderate +9% lift
Without
With
+8.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
104
Total Applications
across all art units

Statute-Specific Performance

§103
66.3%
+26.3% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 57 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDSs) submitted on 05/14/2024 and 05/29/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings The drawings received on 05/14/2024 were reviewed and are acceptable. Specification The specification filed on 05/29/2024 was reviewed and is acceptable. Claim Rejections - 35 USC § 102/103 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. 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. Claim(s) 11-21 and 27 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ji et al. (US 20230127931 A1, hereinafter Ji). Regarding Claim 11, Ji discloses the limitations regarding a cathode (Li, cathode, [0018]) for a solid-state battery (Li, electrolytes may be solid-state, [0018]), the cathode comprises the following components: (A) at least one active cathode material (Li, cathode active material may comprise lithium cobalt oxide, lithium nickel cobalt magnesium oxide, or similar materials or combinations thereof, [0116]); and (B) at least one first fluorine-containing polymer having an at least partly fluorinated or perfluorinated base skeleton, wherein the first fluorine-containing polymer contains at least one ionic group of the following formula (I): PNG media_image1.png 77 229 media_image1.png Greyscale (Li, electrolytes may be used for the cathode (catholyte), and an organic-inorganic hybrid material can be used as single lithium-ion conducting polymer electrolytes, such as an aluminate-based hybrid material, wherein the polymer electrolyte may be further substituted with substituents selected from the group consisting of H, F, fluoroalkyls, an alkyl optionally substituted by F, CF3, [0049, 0096-0101], Structure 1 below) where, PNG media_image2.png 169 204 media_image2.png Greyscale M is a cation selected from the group consisting of proton and alkali metals (Li, in the aluminate-based hybrid material, M = Li+, [0097], Structure 1 above); n is an integer from 1 to 4 (Li, in the aluminate-based hybrid material, n=2, [0097], Structure 1 above); Z denotes a central ion selected from the group consisting of aluminum and boron (Li, in the aluminate-based hybrid material, Z = Al, [0097], Structure 1 above); and R represents a monovalent, hydrocarbyl radical and is selected from the group consisting of C1-C8-alkyl, C2-C10-alkenyl, C2-C10-alkynyl, C6-C12-cycloalkyl and C6-C12-aryl (Li, in the aluminate-based hybrid material, R is a alkyl, which may be substituted with substituents selected from the group consisting of H, F, fluoro-alkyls, an alkyl optionally substituted by F, CF3, [0096-0101], Structure 1 above); wherein the ionic group is bonded to the base skeleton of the first fluorine-containing polymer via at least one bridging oxygen atom in the ionic group (Li, Nafion perfluorinated membranes may be utilized as single Li-ion conducting polymer electrolytes (solid-state electrolytes), and blended polymers can also be utilized as single lithium-ion conducting polymer electrolytes, [0098, 0104-0106], Scheme 1 below). PNG media_image3.png 332 478 media_image3.png Greyscale Regarding Claim 12, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the hydrocarbyl radical R is at least partly fluorine-substituted (Li, in the aluminate-based hybrid material, R is a alkyl, which may be substituted with substituents selected from the group consisting of H, F, fluoro-alkyls, an alkyl optionally substituted by F, CF3, [0096-0101], Structure 1 above; the Examiner notes that H may be substituted for F or CF3). Regarding Claim 13, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the hydrocarbyl radical R is fully fluorine-substituted (Li, in the aluminate-based hybrid material, R is a alkyl, which may be substituted with substituents selected from the group consisting of H, F, fluoro-alkyls, an alkyl optionally substituted by F, CF3, [0096-0101], Structure 1 above; the Examiner notes that H may be substituted for F or CF3). Regarding Claim 14, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the first fluorine-containing polymer contains at least one ionic end group of the general formula (1) where n = 1 and/or at least one ionic crosslinking group of the general formula (I) where n = 2, 3 or 4 (Li, —O(CH2CH2O)nCH3 is the ionic end group, [0097]). Regarding Claim 15, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the general formula (I) has one or more of the following features: Z denotes aluminum (Li, in the aluminate-based hybrid material, Z = Al, [0097], Structure 1 above); M denotes lithium (Li, in the aluminate-based hybrid material, M = Li, [0097], Structure 1 above); and R represents a linear, branched or cyclic C1-C10 perfluoroalkyl radical (Li, in the aluminate-based hybrid material, R is a alkyl, which may be substituted with substituents selected from the group consisting of H, F, fluoro-alkyls, an alkyl optionally substituted by F, CF3, [0096-0101], Structure 1 above; the Examiner notes that H may be substituted for F or CF3). Regarding Claim 16, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the general formula (I) has one or more of the following features: Z denotes aluminum (Li, in the aluminate-based hybrid material, Z = Al, [0097], Structure 1 above); M denotes lithium (Li, in the aluminate-based hybrid material, M = Li, [0097]); and R represents a trifluoromethyl radical (Li, in the aluminate-based hybrid material, R is a alkyl, which may be substituted with substituents selected from the group consisting of H, F, fluoro-alkyls, an alkyl optionally substituted by F, CF3, [0096-0101], Structure 1 above; the Examiner notes that H may be substituted for F or CF3). Regarding Claim 17, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the general formula (I) has one or more of the following features: Z denotes aluminum (Li, in the aluminate-based hybrid material, Z = Al, [0097], Structure 1 above); M denotes lithium (Li, in the aluminate-based hybrid material, M = Li, [0097], Structure 1 above); and R represents a perfluoro-tert-butyl radical (Li, in the aluminate-based hybrid material, R is a alkyl, which may be substituted with substituents selected from the group consisting of H, F, fluoro-alkyls, an alkyl optionally substituted by F, CF3, [0096-0101], Structure 1 above; the Examiner notes that H may be substituted for F or CF3). Regarding Claim 18, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the base skeleton of the first fluorine-containing polymer has repeat units of tetrafluoroethylene (-C2F4-) (Li, Nafion perfluorinated membranes may be utilized as single Li-ion conducting polymer electrolytes (solid-state electrolytes), [0104-0106], Scheme 1 above). Regarding Claim 19, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the base skeleton of the first fluorine-containing polymer includes at least one side chain of the general formula (VII) PNG media_image4.png 88 226 media_image4.png Greyscale where, Y denotes a fluorine atom or a linear, branched or cyclic C1-C10 perfluoroalkyl radical; m is 0, 1 or 2; v is 0 or 1 (Li, Nafion perfluorinated membranes may be utilized as single Li-ion conducting polymer electrolytes (solid-state electrolytes), [0104-0106], Scheme 1 above; the Examiner notes that Y may be a fluorine atom or a C1 linear perfluoroalkyl, m is the equivalent to Scheme 1’s z, and v is 1. While the value of z is not disclosed, the value of z is expected to have a value that would at least overlap the claimed range of 0-2); and wherein the ionic group of the general formula (I) (Li, in the aluminate-based hybrid material, [0097], Structure 1 above) is bonded to the base skeleton via the CY2 radical of the side chain (Li, Nafion perfluorinated membranes may be utilized as single Li-ion conducting polymer electrolytes (solid-state electrolytes), and blended polymers can also be utilized as single lithium-ion conducting polymer electrolytes, [0098, 0104-0106], Scheme 1 above). Regarding Claim 20, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the cathode (Li, electrolytes may be used for the cathode (catholyte), [0049]) comprises a second fluorine-containing polymer, wherein the second fluorine-containing polymer is selected from sulfonated perfluorinated polymers (Li, Nafion perfluorinated membranes may be utilized as single Li-ion conducting polymer electrolytes (solid-state electrolytes), [0104-0106], Scheme 1 above). Regarding Claim 21, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the second fluorine-containing polymer is selected from the derivatives of polytetrafluoroethylene (PTFE) having SO3Li- containing, SO2-N-Li+-SO2CF3-containing and/or SO2C(CN)2Li-containing perfluoroalkyl side chains (Li, Nafion perfluorinated membranes may be utilized as single Li-ion conducting polymer electrolytes (solid-state electrolytes), [0104-0106], Structure 2 below). PNG media_image5.png 373 404 media_image5.png Greyscale Regarding Claim 27, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a solid-state battery having a cathode (Li, cathode, [0018]), an anode (Li, anode, [0018]), and a solid-state separator that spatially separates the cathode from the anode and is in ion-conducting contact with the cathode and the anode (Li, a separator sandwiched between an anode and a cathode, [0016]), wherein the solid-state separator comprises at least one ceramic polymer-based or gel-based solid-state electrolyte or combinations thereof (Li, the separator may be wet or soaked with a gel electrolyte, and additives include inorganic solid-state electrolytes (active ceramic particles), [0021, 0101]). Claim(s) 22-23 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ji et al. (US 20230127931 A1, hereinafter Ji), as applied to Claim 1 above, and further in view of Shin et al. (US 20200194836 A1, hereinafter Shin). Regarding Claim 22, Li discloses all of the claim limitations as set forth above. Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the cathode (Li, electrolytes may be used for the cathode (catholyte), [0049]) comprises at least one solvent component (Li, Li-Nafion film with FEC/EMC 3/7 wt% as an electrolyte, [0010]). Li is silent regarding the solvent component is selected from the group consisting of perfluorocarbonates, perfluoroaromatics, perfluoroethers, perfluoroesters, and combinations and derivatives thereof. Shin discloses an electrolyte comprising a perfluorinated ether-based solvent may include one or more selected from the group consisting of nonafluorobutyl methyl ether, nonafluorobutyl ethyl ether, nonafluorobutyl-2-fluoroethyl ether, nonafluorobutyl-2,2,2-trifluoroethyl ether, nonafluorobutyl pentafluoroethyl ether, nonafluoropropyl ethyl ether, nonafluoropropyl propyl ether, and heptafluoropropyl methyl ether (Shin, [0010-0011]). Shin teaches that a perfluorinated ether-based solvent prevents degradation of the electrolyte and mobility of lithium ions may be improved, thereby improving the safety of the battery even for a long-term operation of the battery (Shin, [0062]). Li and Shin are analogous to the current invention as they are all directed towards a battery. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a perfluorinated ether-based solvent of Shin in the catholyte of Li, in order to prevent degradation of the electrolyte and mobility of lithium ions may be improved, thereby improving the safety of the battery. Regarding Claim 23, modified Li discloses all of the claim limitations as set forth above. Modified Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the solvent component forms a gel with the first and/or second fluorine-containing polymer (Li, a polymer gel electrolyte system is present, which is a type of quasi-solid; a modified lithiated Nafion (Li-Nafion) membrane may be used as single Li-ion conducting polymer electrolyte, and this quasi-solid-state single lithium-ion conducting polymer electrolytes may possess good Li+ ion conductivity, a greater electrochemical stability voltage window, enhanced thermal stability/mechanical properties, and diminished flammability, [0045]). Claim(s) 24-26 is/are rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Ji et al. (US 20230127931 A1, hereinafter Ji), in view of Shin et al. (US 20200194836 A1, hereinafter Shin), as applied to Claim 22 above, and further in view of Badding et al. (US 20210408591 A1, hereinafter Badding). Regarding Claim 24, modified Li discloses all of the claim limitations as set forth above. Modified Li discloses the limitations regarding a cathode (Li, cathode, [0018]) for a solid-state battery (Li, electrolytes may be solid-state, [0018]), wherein the cathode comprises (D) 0-70% by weight of at least one solvent component, wherein the at least one solvent component is selected from the group consisting of perfluorocarbonate, perfluoroaromatic, perfluoroether, perfluoroester, and combinations and derivatives thereof (Shin, content of the perfluorinated ether-based solvent suitably may be, for example, in a range of about 20 to 50 vol % based on a total volume of the electrolyte composition, [0012]; the disclosed range of 20 to 50 vol % is expected to at least overlap the claimed range of 0-70% by weight). Modified Li is silent regarding the cathode comprises the following components, based in each case on the total weight of the cathode: (A) 40-98% by weight of at least one active cathode material; (B) 0.1-30% by weight of at least one first fluorine-containing polymer; (C) 0-30% by weight of at least one second fluorine-containing polymer, wherein the at least one second fluorine-containing polymer is selected from sulfonated perfluorinated polymers; wherein the proportions of components (A) to (D) add up to 100 percent. Badding discloses a cathode for a solid-state battery (Badding, a battery includes a cathode and a solid-state electrolyte disposed on the composite cathode, wherein the the cathode includes an electrolyte, [0054-0062]) comprises the following components, based in each case on the total weight of the cathode: (A) 40-98% by weight of at least one active cathode material (Badding, a weight ratio of active cathode material is in a range of 50% to 95%, [0058]; and the disclosed range of 50% to 95% falls within the claimed range of 40-98%); (B) 0.1-30% by weight of at least one first fluorine-containing polymer (Badding, the weight ratio of polymer binder, which may be PVDF or PVDF-HFP is in a range of 3% to 30%, [0061]; the Examiner notes that PVDF and PVDF-HFP are fluorine-containing polymers, and the disclosed range of 3% to 30% falls within the claimed range of 0.1-30%); (C) 0-30% by weight of at least one second fluorine-containing polymer, wherein the at least one second fluorine-containing polymer is selected from sulfonated perfluorinated polymers (Badding, the weight ratio of polymer binder, which may be PVDF or PVDF-HFP is in a range of 3% to 30%, [0061]; the Examiner notes that PVDF and PVDF-HFP are fluorine-containing polymers, and the disclosed range of 3% to 30% falls within the claimed range of 0.1-30%); the proportions of components (A) to (D) add up to 100 percent. Badding teaches that a gel composite cathode improves cycling performance of solid state batteries (Badding, [0102]). Modified Li and Badding are analogous to the current invention as they are all directed towards a cathode. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the catholyte of modified Li to have a weight ratio of active cathode material is in a range of 50% to 95%, a first and second polymer weight ratio of 3% to 30%, as taught by Badding, in order to improve cycling performance of solid state batteries. It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because the perfluorinated ether-based solvent improves the safety of the battery and selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)). Regarding Claim 25, modified Li discloses all of the claim limitations as set forth above. Modified Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the at least one second fluorine-containing polymer is selected from the derivatives of polytetrafluoroethylene (PTFE) having SO3Li-containing, SO2-N-Li+-SO2CF3-containing and/or SO2C(CN)2Li-containing perfluoroalkyl side chains (Li, single lithium-ion conducting polymer electrolytes include copolymers containing sulfonylimide —SO2N-SO2— anions interacting with Li+ cations as all solid-state single lithium-ion conducting polymer electrolytes; quasi solid-state single lithium-ion conducting polymer electrolytes; or single lithium-ion conducting polymer or polymer composite gel electrolytes, [0089]). Regarding Claim 26, modified Li discloses all of the claim limitations as set forth above. Modified Li discloses the limitations regarding a cathode (Li, cathode, [0018]), wherein the cathode comprises 0.1-70% by weight of at least one solvent component (Shin, content of the perfluorinated ether-based solvent suitably may be, for example, in a range of about 20 to 50 vol % based on a total volume of the electrolyte composition, [0012]; the disclosed range of 20 to 50 vol % is expected to at least overlap the claimed range of 0-70% by weight). It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because the perfluorinated ether-based solvent improves the safety of the battery and selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20120328938 A1 discloses a battery comprising lithium bis(2,2,3,3-tetrafluoro-1,4-butanediol)-borate ester (LiBFBDB) [0037]. PNG media_image6.png 159 306 media_image6.png Greyscale Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 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, NICHOLAS A SMITH can be reached at (571) 272-8760. 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. /K.N./Examiner, Art Unit 1752 /OSEI K AMPONSAH/Primary Examiner, Art Unit 1752
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Prosecution Timeline

May 14, 2024
Application Filed
Sep 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
91%
With Interview (+8.7%)
3y 3m (~11m remaining)
Median Time to Grant
Low
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