Prosecution Insights
Last updated: April 19, 2026
Application No. 18/005,619

ENERGY STORAGE CELL AND PRODUCTION METHOD

Non-Final OA §103§112
Filed
Jan 16, 2023
Examiner
WYLUDA, KIMBERLY
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
VARTA Microbattery GmbH
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
83%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
166 granted / 238 resolved
+4.7% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
38 currently pending
Career history
276
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
62.8%
+22.8% vs TC avg
§102
14.6%
-25.4% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 238 resolved cases

Office Action

§103 §112
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 without traverse of Group I in the reply filed on January 5, 2026 is acknowledged. Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on January 5, 2026. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: ENERGY STORAGE CELL COMPRISING A TUBULAR HOUSING PORTION AND PRODUCTION METHOD. Claim Objections Claims 2-3 are objected to because of the following informalities: the third paragraph of each claim should recite “the annular seal is in a compressed form in the contact zone…” in order to be grammatically correct. Claim 4 is objected to because of the following informalities: the claim should recite “ in a region of the an external diameter of the tubular housing portion is reduced by not more than 2 to 6 times a wall thickness of the housing in the region of the Claim 5 is objected to because of the following informalities: L5 of the claim should recite “the annular seal” in order to have correct antecedent basis. Claim 5 is objected to because of the following informalities: L5-6 of the claim should recite “the terminal circular opening” in order to have correct antecedent basis. Claim 5 is objected to because of the following informalities: L7 of the claim should recite “an axial direction” in order to set forth correct antecedent basis. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 9 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 9 and 11 recite the limitation "a second respective first longitudinal edge different than the first respective first longitudinal edge directly adjoins the metal disk” and further recite “and/or the second respective first longitudinal edge is welded to a contact sheet that directly adjoins the metal disk”. Therefore, it is unclear how the second respective first longitudinal edge can be directly adjoined to the metal disk while simultaneously be welded to a contact sheet that directly adjoins the metal disk. In other words, the Examiner notes that the limitations appear to be directed to two mutually exclusive structures. For purpose of examination, the Examiner will interpret the claims to recite a second respective first longitudinal edge different than the first respective first longitudinal edge directly adjoins the metal disk… 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. 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. Claims 1-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US PGPub 2017/0194619 A1), and further in view of Nakajima et al. (JP 2005-235695 A, see also the EPO machine generated English translation provided with the Office Action dated December 11, 2025). Regarding Claim 1, Kim discloses in Figs. 1-3 an energy storage cell ([0045]) comprising: an electrode-separator assembly (100) comprising an anode (111), a cathode (113), and a separator (115) having a sequence of anode/separator/cathode ([0041]-[0042]), wherein the electrode-separator assembly (100) is in a form of a cylindrical winding having two terminal end faces and a winding shell between the two terminal end faces, wherein the anode (111) comprises an anode current collector (190) comprising a first longitudinal edge, a second longitudinal edge, and two end pieces, and wherein the cathode (113) comprises a cathode current collector (170) comprising a first longitudinal edge, a second longitudinal edge, and two end pieces (Fig. 3, [0042]-[0045]), a housing (200, 210, 213) comprising a metallic, tubular housing portion (200) with a terminal circular opening, the electrode-separator assembly (100) in the form of the cylindrical winding is aligned axially in the housing (200, 210, 213), wherein the tubular housing portion (200) comprises a central section in which the winding shell of the cylindrical winding adjoins an inner side of the tubular housing portion (200) (Fig. 3, [0045], [0052]-[0053]); an at least partly metallic contact element (277) comprises a circular edge, the contact element (277) being in direct contact with and connected to a first respective first longitudinal edge, the first respective first longitudinal edge being the first longitudinal edge of the cathode current collector (170) (Figs. 2-3, [0063]), and an annular seal (260) made of an electrically insulating material that surrounds the circular edge of the contact element (277) (Fig. 3, [0062]), wherein the anode (111) and the cathode (113) are arranged within the electrode-separator assembly (100) such that the first longitudinal edge of the anode current collector (190) protrudes from a first respective terminal end of the electrode winding and the first longitudinal edge of the cathode current collector (170) protrudes from a second respective terminal end face of the electrode winding (Fig. 3), wherein the contact element together (277) with the seal (260) closes the terminal circular opening of the tubular housing portion (200) ([0041], [0054], [0062]), wherein the tubular housing portion (200) comprises a contact section (213) in which the annular seal (260) adjoins the inner side of the tubular housing portion (200) ([0052]), and wherein the central section of the tubular housing portion (200) is separated from the contact section (213) of the housing portion by a depression (210) that circularly surrounds an outer side of the tubular housing portion (200) ([0053]). Kim remains silent regarding the configuration of the anode and the cathode and consequently does not disclose: wherein the anode is in a band shape and comprises a band shaped anode current collector comprising a first longitudinal edge, a second longitudinal edge, and two end pieces, wherein the cathode is in a band shape and comprises a band shaped cathode current collector comprising a first longitudinal edge, a second longitudinal edge, and two end pieces; wherein the anode current collector comprises a strip-shaped main region laden with a layer of negative electrode material and a free edge strip not laden with the negative electrode material that extends along the first longitudinal edge of the anode current collector, the cathode current collector comprises a strip shaped main region laden with a layer of positive electrode material and a free edge strip not laden with the negative electrode material that extends along the first longitudinal edge of the cathode current collector. Nakajima teaches in Fig. 3 an electrode-separator assembly (20) for an energy storage cell (100) comprising an anode (12), a cathode (11), and a separator (13) having a sequence of anode/separator/cathode ([0052], [0056]). Specifically, Nakajima teaches the electrode-separator assembly (20) comprising: wherein the anode (12) is in a band shape and comprises a band shaped anode current collector (12b) comprising a first longitudinal edge, a second longitudinal edge, and two end pieces (Fig. 3, [0054]), wherein the cathode (11) is in a band shape and comprises a band shaped cathode current collector (11b) comprising a first longitudinal edge, a second longitudinal edge, and two end pieces (Fig. 3, [0053]); wherein the anode current collector (12b) comprises a strip-shaped main region laden with a layer of negative electrode material (12a) and a free edge strip (33a) not laden with the negative electrode material (12a) that extends along the first longitudinal edge of the anode current collector (12b) ([0050],[0054]), the cathode current collector (11b) comprises a strip shaped main region laden with a layer of positive electrode material (11a) and a free edge strip (31a) not laden with the positive electrode material (11a) that extends along the first longitudinal edge of the cathode current collector (11b) ([0050], [0053]). It would have been obvious to one of ordinary skill in the art to form the anode and the cathode of Kim such that the anode is in a band shape and comprises a band shaped anode current collector comprising a first longitudinal edge, a second longitudinal edge, and two end pieces, the cathode is in a band shape and comprises a band shaped cathode current collector comprising a first longitudinal edge, a second longitudinal edge, and two end pieces; wherein the anode current collector comprises a strip-shaped main region laden with a layer of negative electrode material and a free edge strip not laden with the negative electrode material that extends along the first longitudinal edge of the anode current collector, and the cathode current collector comprises a strip shaped main region laden with a layer of positive electrode material and a free edge strip not laden with the negative electrode material that extends along the first longitudinal edge of the cathode current collector, as taught by Nakajima, as such is a known configuration in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form an electrode-separator assembly in a form of a cylindrical winding, as desired by Kim. Regarding Claims 2-3, modified Kim discloses all of the limitations as set forth above and further discloses where the contact element (277 of Kim) is arranged in the tubular housing portion (200 of Kim) such that the annular seal (260 of Kim) runs along a circumferential contact zone on the inner side of the tubular housing portion (200 of Kim) (Fig. 3 of Kim). Regarding Claim 6, modified Kim discloses all of the limitations as set forth above and further discloses wherein the tubular housing portion (200 of Kim) is part of a housing cup comprising a circular base (Fig. 2 of Kim), and a second respective first longitudinal edge different than the first respective first longitudinal edge directly adjoins the base and is bonded to the base, the second respective first longitudinal edge being the first longitudinal edge of anode current collector (12b of Nakajima, corresponding to 190 of Kim) (Fig. 3, [0045] of Kim). Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US PGPub 2017/0194619 A1) in view of Nakajima et al. (JP 2005-235695 A, see also the EPO machine generated English translation provided with the Office Action dated December 11, 2025), as applied to Claim 2 above, and further in view of Choi (KR 2006-0061079 A, see also the EPO machine generated English translation provided with this Office Action). Regarding Claim 4, modified Kim discloses all of the limitations as set forth above and further discloses wherein in a region of the depression (210 of Kim), the external diameter of the tubular housing portion (200 of Kim) is reduced (Fig. 3 of Kim). Modified Kim further suggests wherein in a region of the depression, an external diameter of the tubular housing is reduced by about 4 times a wall thickness of the housing in the region of the depression (e.g. 0.18in/0.05in, see annotated Fig. 3 of Kim provided below), which falls within and therefore reads on the instantly claimed range of not more than 2 to 6. PNG media_image1.png 828 638 media_image1.png Greyscale Assuming for the sake of argument that Kim does not disclose wherein in a region of the depression, an external diameter of the tubular housing is reduced by not more than 2 to 6 times a wall thickness of the housing in the region of the depression, the following is relied upon. Choi teaches in Figs. 1a-1b an energy storage cell (100) comprising a housing (120) comprising a metallic, tubular housing portion comprising a depression (124) that circularly surrounds an outer side of the tubular housing portion ([0001], P2, paragraph 2). Specifically, Choi teaches in Figs. 1a-1b wherein in a region of the depression (124), a wall thickness of the tubular housing is 1.3 to 2.5 times thicker than a wall thickness of the housing elsewhere in order to improve the process stability in forming the depression (124) (P2, paragraph 2-P3). The Examiner note that Figs. 1a-1b of Choi illustrate wherein in a region of the depression (124), the external diameter of the tubular housing is reduced by less than 1 times the wall thickness of the housing in the region of the depression, which falls within and therefore reads on the instantly claimed range of not more than 2 to 6. It would have been obvious to one of ordinary skill in the art to form a wall thickness of the tubular housing portion of modified Kim to be thicker in a region of the depression of modified Kim than a wall thickness of the housing elsewhere, such that in the region of the depression, the external diameter of the tubular housing is reduced by not more than 2 to 6 times the wall thickness of the housing in the region of the depression, as taught by Choi, in order to improve the process stability in forming the depression. Regarding Claim 5, modified Kim discloses all of the limitations as set forth above and further discloses wherein the tubular housing portion (200 of Kim) comprises a circular edge (213 of Kim) which is bent radially inward about the edge of the contact element (277 of Kim) which is surrounded by the annular seal (260 of Kim) and which fixes the contact element (277 of Kim) in the terminal circular opening of the tubular housing portion (200 of Kim) (Fig. 3, [0052], [0062]). Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US PGPub 2017/0194619 A1) in view of Nakajima et al. (JP 2005-235695 A, see also the EPO machine generated English translation provided with the Office Action dated December 11, 2025), as applied to Claim 1 above, and further in view of Enomoto et al. (US PGPub 2003/0035993 A1). Regarding Claim 7, modified Kim discloses all of the limitations as set forth above and further discloses wherein the tubular housing portion (200 of Kim) is a can with one open end (Fig. 2, [0045] of Kim). Consequently, modified Kim does not disclose wherein the tubular housing portion has a second terminal circular opening, wherein the cell further comprises a closure element having a circular edge that closes the second terminal opening, and the closure element is or comprises a metal disk, an edge of which corresponds to or forms part of the circular edge of the closure element. Enomoto teaches in Fig. 1(a) an energy storage cell comprising a housing (16, 17) comprising a metallic, tubular housing portion (16) comprising a terminal circular opening and a second terminal circular opening ([0036]-[0037]). Specifically, Enomoto teaches wherein the tubular housing portion (16) houses an electrode-separator assembly (electrode body) ([0036]). Enomoto further teaches in Fig. 1(a) wherein the cell further comprises a closure element (17B) having a circular edge that closes the second terminal opening, and the closure element (17B) is a metal disk, an edge of which corresponds to the circular edge of the closure element (17B) ([0014], e.g. [0043], [0093], wherein the closure element 17B joined to the tubular housing portion by welding and has a diameter and therefore are is a metal disk). It would have been obvious to one of ordinary skill in the art to form the tubular housing portion of modified Kim to have a second terminal circular opening and to form the cell of modified Kim to further have a closure element having a circular edge that closes the second terminal opening, wherein the closure element is a metal disk, an edge of which corresponds to the circular edge of the closure element, as taught by Enomoto, as such is a known configuration in the art that houses an electrode-separator assembly and therefore the skilled artisan would have reasonable expectation that such would successfully form the cell desired by modified Kim. Regarding Claim 8, modified Kim discloses all of the limitations as set forth above and further discloses wherein the metal disk (17B of Enomoto) is arranged in the tubular housing portion (200 of Kim, corresponding to 16 of Enomoto) such that the edge thereof runs along a circumferential contact zone on the inner side of the tubular housing portion (200 of Kim, corresponding to 16 of Enomoto) (Fig. 1(a) of Enomoto). Regarding Claim 9, modified Kim discloses all of the limitations as set forth above and further discloses wherein a second respective first longitudinal edge different than the first respective first longitudinal edge directly adjoins the metal disk (17B of Enomoto) and is joined to the metal disk (17B of Enomoto), the second respective first longitudinal edge being the first longitudinal edge of the anode current collector (12b of Nakajima) (Fig. 3, [0050], [0053]-[0054] of Nakajima and [0059], [0088] of Enomoto). Regarding Claim 10, modified Kim discloses all of the limitations as set forth above and further discloses wherein the metal disk (17B of Enomoto) is arranged in the tubular housing portion (200 of Kim, corresponding to 16 of Enomoto) such that a second annular seal (23 of Enomoto) runs along a circumferential zone on the inner side of the tubular housing portion (200 of Kim, corresponding to 16 of Enomoto) (Fig. 1(a) and [0020], [0036] of Enomoto). Regarding Claim 11, modified Kim discloses all of the limitations as set forth above and further discloses wherein a second respective first longitudinal edge different than the first respective first longitudinal edge directly adjoins the metal disk (17B of Enomoto) and may be joined to the metal disk (17B of Enomoto) by welding, the second respective first longitudinal edge being the first longitudinal edge of the anode current collector (12b of Nakajima) (Fig. 3, [0050], [0053]-[0054] of Nakajima and [0046]-[0047], [0059], [0088] of Enomoto). Specifically, modified Kim discloses a desire to electrically connect the anode to the metal disk (17B of Enomoto) (Fig. 3, [0050], [0053]-[0054] of Nakajima and [0046]-[0047], [0059], [0088] of Enomoto). It would have been obvious to one of ordinary skill in the art to join the first longitudinal edge to the metal disk by welding, as disclosed by modified Kim, wherein the skilled artisan would have reasonable expectation that such would successfully electrically connect the anode current collector of the anode to the metal disk, as desired by modified Kim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 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, BASIA RIDLEY can be reached at (571)272-1453. 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. /KIMBERLY WYLUDA/Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Jan 16, 2023
Application Filed
Jan 30, 2026
Non-Final Rejection — §103, §112 (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
70%
Grant Probability
83%
With Interview (+13.3%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 238 resolved cases by this examiner. Grant probability derived from career allow rate.

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