DETAILED ACTION 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 appl icant regards as his invention. Claim 16 is 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. The term “ high temperature phase ” in claim 16 is a relative term which renders the claim indefinite. The term “ high temperature phase ” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In this case, the term will be interpreted as temperature high enough to cause thermal expansion of the housing. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim 26 i s rejected under 35 U.S.C. 102(a)( 1 ) as being anticipated by Carignan et al. (US 10,505,222 ). Regarding claim 26 , Carignan discloses a pressurized lithium metal polymer battery comprising: a cylindrical electrochemical cell 42 ; and a cylindrical rigid canister 46 (Fig. 3). With respect to the winding having more than 99% spatial utilization, Carignan discloses the stacked flat wound prismatic electrochemical cells 62 could be compressed marginally prior to insertion into the rigid casing 64 to facilitate the insertion such that when the compression force on the stacked flat wound prismatic electrochemical cells 62 is released, the flat wound prismatic electrochemical cells 62 would return to their initial volume and expand marginally to abut against the inner walls of the rigid casing 64 and the mechanical pressure of the resistance of the inner walls on the stack of flat wound prismatic electrochemical cells 62 would be above zero (col. 8, line 62-col. 9, line 5). Claim s 14, 16, 17, 19, and 22-26 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2022/0376289). Regarding claim s 1 4, 16, 22, and 23 , Kim discloses a cylindrical type secondary battery comprising: providing a metal can (para 0007) and a jelly-roll type electrode assembly 100 (Fig. 1); heating the metal can to cause an expansion of the can (para 0052); inserting the electrode separator assembly into the cylindrical battery case (para 0143); and an upper portion of the cylindrical battery case was sealed with a cap assembly to complete a cylindrical type secondary battery (para 0143). Regarding claim 17 , Kim discloses heating to cause an expansion of the can (para 0052). The initial heating may be interpreted as a “preheating phase”. Regarding claim 1 9 , the metal can would have to be cool after heating and insertion of the assembly (para 0052). Regarding claim 24 , Kim discloses lithium secondary batteries (para 0004). Regarding claim 25 , instant claim is regarded as a product by process. Product-by-process claims are not limited to the manipulations of the recited steps, only the structure implied by the steps. “[E] ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113 . In this case, the electrochemical energy storage element having a metallic housing and electrode assembly is made by the process according to claim 14 as presented above. Regarding claim 26 , Kim discloses a cylindrical type secondary battery (para 0002) having a metal can and jelly-roll type electrode assembly 100 (para 0007; Fig. 1). With respect to the winding having more than 99% spatial utilization, Kim discloses the battery case may be completely filled ( i.e. , 100%) by physical properties expanding due to heat or impact (para 0052). Claim s 14, 16, 17, and 19 are rejected under 35 U.S.C. 102(a)( 1 ) as being anticipated b y Katayama ( JP 2020-177844 ) , machine translation . Regarding claim s 14 and 16 , Katayama discloses a power storage device and manufacturing method comprising: providing a case 11 (case body 13 ) made of metal (para 0015) and an electrode assembly 12 (Fig. 2); heating the case main body 13 to cause an expansion of the case (para 0059); inserting the electrode assembly 12 into the case body 13 (para 0060); and the opening 13a of the case body 13 is closed by the lid 14 ( last page: Solution ). Regarding claim 17 , Katayama discloses heating to cause an expansion of the case (para 0059). The initial heating may be interpreted as a “preheating phase”. Regarding claim 19 , Katayama discloses a cooling process may be added as a post-process of the insertion process (para 0059). 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. 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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Katayama (JP 2020-177844), machine translation, in view of Gomis et al. (US 3,560,283). Regarding claim 15 , Katayama teaches heating but does not teach the method used to heat the metallic case. Gomis, directed to a process of thermal sealing storage cell casings and lids, teaches heating of lids and casings may be accomplished with a heater plate 32 such as a metal plate, for example, provided with electrical heating resistors R (col. 3, lines 73-74). It would have been obvious to one of ordinary skill in the art before the effective filing date to use a known technique capable of heating a casing to heat a casing. Moreover, the heater plate provides for fixing the temperature at an accurate and constant value (col.4, lines 1-3). Allowable Subject Matter Claims 18, 20, and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CARLOS BARCENA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5780 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Thursday 8-5 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, FILLIN "SPE Name?" \* MERGEFORMAT Tong Guo can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-3066 . 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. /CARLOS BARCENA/ Primary Examiner, Art Unit 1723