Prosecution Insights
Last updated: April 19, 2026
Application No. 17/828,099

CELL AND METHOD FOR PRODUCTION THEREOF

Non-Final OA §103
Filed
May 31, 2022
Examiner
APPLEGATE, SARAH ARIMINTIA
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
VARTA Microbattery GmbH
OA Round
4 (Non-Final)
64%
Grant Probability
Moderate
4-5
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
9 granted / 14 resolved
-0.7% vs TC avg
Strong +38% interview lift
Without
With
+38.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
47 currently pending
Career history
61
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
57.7%
+17.7% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 14 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 . Status of Claims Claims 1-3, 7 and 9 are rejected. 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 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Schaefer et al. (US 20140134468 A1) in view of Moon et al. (US 20060263647 A1) and Finn et al. (US 20190392283 A1, “Finn”). Regarding claim 1 and claim 7, Schaefer discloses an electrochemical cell capable of energy storage (see abstract “electrochemical energy storage device”), comprising: a housing that encloses an interior space (see abstract “comprising a housing (2)” & “interior of the housing”), a composite body arranged in the interior space and formed from at least two electrodes and at least one separator (see FIG. 1 & [0079-0095] describes housing (2) & interior of the housing comprises the “1 electrochemical energy storage device” & see [0084] describes “5 positive electrode” & [0085] “6 negative electrode” & see [0011] describes “separator”), an RFID transponder, having a memory which contains data about the cell (see [0044] “RFID” & [0027] “data memory” & “antenna of the inventive energy storage device” & see [0002] “the transmission of data between electrochemical energy storage devices and their environment plays an important role in so-called battery management, thus in the monitoring and regulating of electrochemical energy storage devices”); and wherein the composite body comprises an axial cavity and the RFID transponder is arranged in the axial cavity (see [0064] “RFID tags can be applicably encased” & “employed in the interior of a cell”). Regarding the limitation wherein the RFID transponder comprises an antenna and an electronic circuit including the data memory, Schaefer discloses in abstract & [0030] “at least one antenna” & see [0031] “Preferably the antenna is integrated into a wall of the housing. It is particularly preferable for the antenna to take the form of a foil in or on the wall of the housing. Preferably the antenna is electrically insulated from other electrically conductive areas of the housing wall there may be which are not part of the antenna”; see [0039] “Preferably the transmitter is an RFID tag or comprises an RFID tag, the signals of which can be wirelessly read by a read-out device arranged outside of the housing”. Regarding the limitation wherein the RFID transponder is in the form of a winding core or part of a winding core, Schaeffer does not explicitly disclose winding core. Moon teaches RFID in a wound battery (see [0005] “RFID” & “loop antenna is mounted in a terminal body of the wireless terminal” & “flexible printed circuit board” & see [0012] “wound”). Moon teaches reducing noise and reduction in space (see [0044] “the loop antenna for transmitting and receiving radio frequency signals is patterned on the protection circuit board, which is mounted or attached to the battery cell. Consequently, the generation of noise in the flexible printed circuit board (FPCB) or liquid crystal display (LCD) signal of a device, in which the secondary battery is mounted, is effectively prevented, and interference due to the generated noise is greatly reduced. Furthermore, no additional space for the installation of the loop antenna is necessary, whereby the reduction in the size, especially, the thickness, and the weight of the secondary battery is accomplished.”). Schaefer and Moon are analogous to the current invention because they are related to the same field of endeavor, namely batteries with RFID (see [0005]). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate wherein the RFID transponder is in the form of a winding core as suggested by Moon (see [0005], [0044]) into the electrochemical cell of Schaefer because Moon teaches doing so prevents noise and improves space utilization (see Moon [0044]). Regarding the limitation the RFID transponder being arranged on a flexible foil having a thickness below 1 mm, Schaefer discloses a foil (see [0012] “an antenna or a plurality of antennas is/are embedded into a foil or into a functional film”). Schaefer does not explicitly disclose flexible foil or thickness nor wherein the flexible foil carrying the RFID transponder is spirally wound. Finn teaches thickness of the flexible foil (see [0057] “The antenna (or antenna structure AS) may be laser etched from a copper layer (cladding or foil), which may have a thickness of approximately 18 μm-35m” & describes in [0058] “A module antenna (MA) connected to an RFID chip (CM), typically on a substrate or module tape (MT), may be referred to as a “transponder”). Finn teaches a range of 18 µm – 35 µm (equivalent to 0.018 – 0.035 mm), which overlaps with the claimed range of below 1 mm. MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'. Regarding the limitation wherein the flexible foil carrying the RFID transponder is spirally wound, Finn teaches flexible circuits (see [0364] “flexible circuits” & metal substrate; see [0469] “RFID chip (IC”; see [0292] “transponder chip module” & “RFID chip (IC, CM) and an antenna structure (AS) mounted thereupon”; see [0373] “antennas on a flexible” “substrate” which reads on flexible foil carrying the RFID transponder & “such antenna substrate may have an opening or window to accept a chip (CM)” & see [0374] “RFID chip (CM)”). Finn teaches in [0380] “the surface, layer or substrate can be” “metal foil” & “an enclosure protecting a battery” & “to create an RFID enabled device”; see [0149] “an RFID chip (CM, IC) disposed on the substrate”. Schaefer and Finn are analogous to the current invention because they are related to the same field of endeavor, namely RFID and battery (see [0380]). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate flexible foil carrying the RFID transponder is spirally wound as suggested by Finn (see [0380], [0149], [0364], [0373]) into the cell of Schaefer because doing so allows the RFID & “data carriers and the like operating in close proximity with a contactless reader” (see Finn [0033]) & doing so improves the performance of the transponder chip (see Finn [0060]). Regarding claim 7, Schaefer discloses method (see [0038] “method”) and forming a housing that encloses an interior space (see abstract “comprising a housing (2)” & “interior of the housing”), arranging a composite body in the interior space and formed from at least two electrodes and at least one separator (see FIG. 1 & [0079-0095] describes housing (2) & interior of the housing comprises “1 electrochemical energy storage device” & [0084] “5 positive electrode” & [0085] “6 negative electrode” & see [0011] “separator”), equipping the cell with an RFID transponder, having a memory which contains information about the cell (see [0044] “RFID” & [0027] “data memory” & “antenna of the inventive energy storage device” & see [0002] “the transmission of data between electrochemical energy storage devices and their environment plays an important role in so-called battery management, thus in the monitoring and regulating of electrochemical energy storage devices”). Schaefer does not explicitly disclose a method of producing an electrochemical cell capable of energy storage nor wherein the RFID transponder is arranged in the axial cavity. Moon teaches method of mounting a loop antenna to a detachable battery (see [0005]) & see [0044] “generation of noise in the flexible printed circuit board” & “in which the secondary battery is mounted, is effectively prevented and interference due to the generated noise is greatly reduced” & “no additional space for the installation of the loop antenna is necessary, whereby the reduction in the size, especially the thickness, and the weight of the secondary battery is accomplished”. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate method for mounting as suggested by Moon (see [0005] & [0044]) into the method of Schaefer because doing so prevents noise and reduces the size as suggested by Moon (see [0044]). Regarding the limitation wherein the RFID transponder is arranged in the axial cavity, Moon teaches RFID in a terminal body (see [0005] “A loop antenna for transmitting and receiving radio frequency identification (RFID) signals is mounted in an upper case of the wireless terminal, and an electronic chip for processing the signals transmitted from and received to the loop antenna is mounted in a terminal body of the wireless terminal” and terminal body reads on axial cavity). Moon teaches “no additional space for the installation of the loop antenna is necessary, whereby the reduction in the size, especially, the thickness, and the weight of the secondary battery is accomplished” (see [0044]). Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate RFID transponder is arranged in the axial cavity as suggested by Moon (see [0005]) because doing so improves the space utilization of the battery as suggested by Moon and reduces the thickness of the battery (see [0044]). Regarding claim 2, Schaefer discloses the cell of claim 1 and further discloses the data comprise information about components of the cell about the composite body and/or the at least two electrodes (see [0002] describes “the transmission of data between electrochemical energy storage devices and their environment plays an important role in so-called battery management, thus in the monitoring and regulating of electrochemical energy storage devices”). Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Schaefer et al. (US 20140134468 A1) in view of Moon et al. (US 20060263647 A1) and Finn et al. (US 20190392283 A1, “Finn”) as applied to claims 1 and 7 above, and further in view of Cintra et al. (US 7932700 B2, “Cintra”). Regarding claim 3 and claim 9, Schaefer discloses the cell of claim 1 and the method of claim 7. Schaefer does not explicitly disclose wherein the composite body is a cylindrical winding in which the at least two electrodes and the at least one separator are tape-shaped and spirally rolled-up nor wherein: the at least two electrodes and the at least one separator are tape-shaped and are spirally rolled up on the winding core to form the composite body, resulting in a cylindrical winding. Moon teaches wound battery (see [0012] “battery cell” & “cathodes, anodes, and separators interposed between the cathodes and the anodes in a wound” “state”). Cintra teaches wound electrode and jelly roll (see col 4 par 4 “The battery 10 includes a battery case 12 in which a wound electrode and separator stack jelly roll 14 constituting the at least one electrochemical cell of the battery 10 are disposed”) and describes in col 6 par 4 “By placing the converter housing 16 into the bore 15, the converter housing 16 occupies space that would otherwise be not used in the battery”; and col 5 par 5 “jelly roll is wound on a mandrel”. Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate cylindrical winding in which the at least two electrodes and the at least one separator are tape-shaped and spirally rolled up as suggested by Cintra (see col 4 par 4, col 5 par 5 and col 6 par 4) into the cell of Schaefer because doing so forms the jelly roll stacked battery with a bore as suggested by Cintra (see col 6 par 4) and doing so improves the space utilization of the battery. Response to Arguments Applicant’s arguments with respect to claim(s) 1-3, 7 and 9 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH APPLEGATE whose telephone number is (571)270-0370. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm 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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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. /S.A.A./Examiner, Art Unit 1725 /JAMES M ERWIN/Primary Examiner, Art Unit 1725 03/05/2026
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Prosecution Timeline

May 31, 2022
Application Filed
Feb 26, 2025
Non-Final Rejection — §103
Jun 06, 2025
Response Filed
Aug 01, 2025
Final Rejection — §103
Sep 26, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Oct 21, 2025
Non-Final Rejection — §103
Dec 31, 2025
Response Filed
Mar 04, 2026
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

4-5
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+38.5%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 14 resolved cases by this examiner. Grant probability derived from career allow rate.

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