Prosecution Insights
Last updated: April 19, 2026
Application No. 18/896,741

HYBRID ELECTROLYTE

Non-Final OA §103
Filed
Sep 25, 2024
Examiner
MARTIN, ANGELA J
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Rivian Ip Holdings LLC
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
4y 1m
To Grant
35%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
586 granted / 868 resolved
+2.5% vs TC avg
Minimal -32% lift
Without
With
+-32.4%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
81 currently pending
Career history
949
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
64.1%
+24.1% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
7.9%
-32.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 868 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 . The Applicant has amended independent claims 1 and 8 and 18, and dependent claim 7. The pending claims are claims 1-20. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/5/2025 has been entered. 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang, US 2022/0302440. Regarding claim 1, Jang teaches a liquid electrolyte (abstract; 0061-0063), consisting of: (i) an alkali metal salt (lithium salt) (abstract; 0011; 0045) in an amount of from about 0.1%-30% by wt (0027); (ii) a solvent (0011; 0015); and (iii) an additive (abstract; 0011) in an amount of from 0.1 wt% to 8 wt% based on a total weight of the electrolyte (0.1%-50% by weight; 0027; 0172); wherein the solvent consists of an aliphatic sulfone (0015; 0024; 0035), a fluorinated alkyl carbonate (0030; 0034; 0115) and a carbonate solvent (0015; 0030; claim 7); wherein the additive consists of vinylene carbonate (VC) (0015; 0018) in an amount from 0.1 wt% to 5 wt% based on the total weight of the electrolyte (0.1%-50% by weight; 0027), and one or more optional additives of phosphites (0018), tris(trimethylsilyl)phosphite (TTSPi) (0038; 0123); tris(trimethylsilyl)phosphite (TMPSi) (0123), tris(trimethylsilyl)phosphate (TMSPa) (0038), ethylene sulfite (ES) (0015; 0018), butadiene sulfone (BS) (0015; 0018), prop-1-ene-1,3-sultone (PES) (0123), triallyl phosphate (TAP) (0038; 0123), or a combination thereof. Jang does not teach in an amount from greater than 0 vol% to 60 vol% based on a total volume of the electrolyte. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 2, Jang teaches wherein the alkali metal salt consists of a mixture of lithium salts (0021; 0067). Regarding claim 3, Jang teaches wherein the aliphatic sulfone consists sulfolane (0030; 0115). Regarding claim 4, Jang teaches wherein the fluorinated alkyl carbonate consists of fluoroethylene carbonate (FEC) (0015; 0018; 0030). Regarding claim 5, Jang teaches wherein the fluorinated alkyl carbonate consists of fluoroethylene carbonate (FEC) in an amount of greater than 0.1 wt% of the total weight of the electrolyte (0186). Regarding claim 6, Jang teaches wherein the carbonate solvent (fluorinated carbonate) (diethyl carbonate)(0030) is diethyl carbonate (0030) and/or ethylene carbonate (0015; 0030). Regarding claim 7, Jang teaches wherein the liquid electrolyte (0011; 0019-0021) includes the one or more optional additives (0017; 0029; 0067). Regarding claim 8, Jang teaches a battery cell (0021; 0047), comprising: a positive electrode including a cathode on an aluminum current collector (0013; 0057; 0086); a negative electrode (abstract; 0011; 0017) including an intercalation material (0147) and a lithiophilic material (0057; 0150) on a copper current collector (0013; 0086) and which copper current collector is a different current collector than the positive electrode including the cathode (0013; 0057; 0086); and an electrolyte (abstract; 0011) that comprises: (i) a lithium salt (abstract; 0011); (ii) free solvents including free aliphatic sulfone solvent (0015; 0018) and a fluorinated solvent (0015; 0018); and (iii) an additive including an alkene carbonate (0015; 0018; 0030); and a solid electrolyte interphase (SEI) (solid electrolyte separator between anode and cathode layer) (0137; 0199) on the negative electrode (0199); wherein the SEI is formed from the free sulfone solvent (0015; 0018; 0024), fluorinated solvent (0015; 0018; 0024) and alkene carbonate (vinylene carbonate; ethylene carbonate) (0015). Regarding claim 9, Jang teaches further comprising a positive electrode (abstract; 0011) that comprises a cathode active material (abstract; 0011) including a lithium metal oxide (0058; 0152), a lithium metal phosphate (0015; 0018), lithium spinel (0163; 0165), or a combination thereof; wherein cathode active material is directly on a metal foil current collector (0011; 0013; 0057). Regarding claim 10, Jang teaches wherein the battery cell is configured to have a nominal unit cell voltage of at least 4 V (0087; 0196). Regarding claim 11, Jang teaches wherein the intercalation material is a carbonaceous material (0147; 0015). Regarding claim 12, Jang teaches wherein the negative electrode includes lithium metal (0017; 0057) when the battery cell is in a charged state (0017;0077). Regarding claim 13, Jang teaches wherein the alkene carbonate comprises vinylene carbonate (VC) (0015; 0018; 0030). Regarding claim 14, Jang teaches wherein the aliphatic sulfone comprises sulfolane (0030; 0036; 0115). Regarding claim 15, Jang teaches wherein the fluorinated solvent comprises fluoroethylene carbonate (FEC) (0015; 0018; 0030). Regarding claim 16, Jang teaches wherein the lithium salt (abstract; 0011; 004) is in an amount of from about 0.5 Molar (M) to about 3 M (1% to 99%; 0011); wherein the aliphatic sulfone (0015; 0024; 0035); comprises sulfolane (0030; 0115); and wherein the alkene carbonate comprises vinylene carbonate (VC) up to about 5 wt% (0.1%-30% by weight of lithium salt; 0027). Jang does not teach sulfolane in an amount of greater than 0 vol% to about 60 vol% and the fluorinated solvent comprises fluoroethylene carbonate (FEC) in an amount of up to 5 wt. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 17, Jang teaches a vehicle comprising the battery cell of claim 8 (0056; 0153). Regarding claim 18, Jang teaches a method, comprising: charging (0089; 0146) and discharging a battery cell (0089; 0091); wherein the battery cell comprises: a positive electrode (abstract; 0011) including a cathode on an aluminum current collector (0013; 0057; 0086); a negative electrode (abstract; 0011; 0017) including an intercalation material (0147) and a lithiophilic material (0057; 0150) on a copper current collector (0013; 0086) and which copper current collector is a different current collector than the positive electrode including the cathode (0013; 0057; 0086); and an electrolyte (abstract; 0011) that comprises: (i) a lithium salt; (ii) free solvent including a free aliphatic sulfone solvent and a free fluorinated solvent; and (iii) an additive including an alkene carbonate; and a solid electrolyte interphase (SEI) on the negative electrode; wherein the SEI is formed from the free sulfone solvent, fluorinated solvent and alkene carbonate; and a solid electrolyte interphase (SEI) (solid electrolyte separator between anode and cathode layer) (0137; 0199) on the negative electrode (0199); wherein the SEI is formed from the free sulfone solvent (0015; 0018; 0024), fluorinated solvent (0015; 0018; 0024) and alkene carbonate (vinylene carbonate; ethylene carbonate) (0015). Regarding claim 19, Jang does not teach wherein the Negative-to-Positive electrode capacity (N/P) ratio of the battery cell is less than 1.0. However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). Regarding claim 20, Jang teaches wherein the intercalation material is a carbonaceous material (0147; 0015). Response to Arguments Applicant's arguments filed 7/15/2025 have been fully considered but they are not persuasive. The Applicant has overcome the 35 USC 112 Rejection of Claim 7 by amending the claim. The Applicant argues that “Jang does not teach or suggest forming “a solid electrolyte interphase (SEI) on a surface of the negative electrode…wherein the SEI is formed from the free sulfone solvent.” However, Jang teaches a liquid electrolyte (0011; 0019-0020) and a semi- interpenetrating network (0136); and it teaches the free sulfone solvent (0015; 0024; 0030; 0035). Thus, Jang has the compounds needed to form the electrolyte and the electrodes. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm. 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, Barbara Gilliam can be reached at 571-272-1330. 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. ANGELA J. MARTIN Examiner Art Unit 1727 /ANGELA J MARTIN/Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Sep 25, 2024
Application Filed
Dec 03, 2024
Non-Final Rejection — §103
Jan 21, 2025
Interview Requested
Feb 04, 2025
Interview Requested
Feb 10, 2025
Applicant Interview (Telephonic)
Feb 10, 2025
Examiner Interview Summary
Feb 25, 2025
Response Filed
May 27, 2025
Final Rejection — §103
Jul 15, 2025
Response after Non-Final Action
Aug 05, 2025
Request for Continued Examination
Aug 08, 2025
Response after Non-Final Action
Dec 29, 2025
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
35%
With Interview (-32.4%)
4y 1m
Median Time to Grant
High
PTA Risk
Based on 868 resolved cases by this examiner. Grant probability derived from career allow rate.

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