Prosecution Insights
Last updated: April 19, 2026
Application No. 18/300,970

OXYANION-BASED ENERGY STORAGE

Non-Final OA §102§103
Filed
Apr 14, 2023
Examiner
APICELLA, KARIE O
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Form Energy Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
834 granted / 1040 resolved
+15.2% vs TC avg
Moderate +12% lift
Without
With
+12.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
53 currently pending
Career history
1093
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.0%
+5.0% vs TC avg
§102
36.7%
-3.3% vs TC avg
§112
16.6%
-23.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1040 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 . 2. Claims 1-18 are pending in this office action. Priority 3. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Information Disclosure Statement 4. Information disclosure statements (IDS), submitted November 15, 2023, and November 28, 2023, have been received and considered by the examiner. Claim Rejections - 35 USC § 102 5. 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. 6. 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. 7. Claims 1-4, 6-7 and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cawlfield et al. (US 5,158,658). With regard to Claim 1, Cawlfield et al. disclose in Figures 1-3, an electrochemical system, called an electrochemical cell (10), comprising: a first electrode, called an anode (14); and a second electrode, called a cathode (19), wherein the electrochemical system (10) stores energy and/or discharges energy by an electrode reaction of a halogenated oxyanion species, such as an alkali metal chloride feed solution (column 3, line 31 through column 6, line 15). With regard to Claim 2, Cawlfield et al. disclose in Figures 1-3, wherein the storing of energy and/or the discharging of energy by the electrode reaction of the halogenated oxyanion species (alkali metal chloride feed solution) comprises storing energy and discharging energy by a reversable electrode reaction between a chlorine containing ion and chlorine dioxide (column 5, line 28 through column 6, line 15). With regard to Claims 3-4, Cawlfield et al. disclose in Figures 1-3, wherein the chlorine containing ion comprises a salt of sodium chloride and alkali metal salt additives in the sodium chloride, such as alkali metal phosphates, sulfates, chlorides, etc. (column 6, line 6-column 7, line 11). With regard to Claims 6-7, Cawlfield et al. further disclose in Figures 1-3, a current collector, called a current distributor (13), comprising a metal or metal compound, including carbon as graphite (column 5, lines 16-27). With regard to Claim 9, Cawlfield et al. disclose a method of operating an electrochemical system, called an electrochemical cell (10), the method comprising: storing and/or discharging energy by an electrode reaction of a halogenated oxyanion species, such as an alkali metal chloride feed solution (column 3, line 31 through column 6, line 15). With regard to Claim 10, Cawlfield et al. disclose wherein storing and/or discharging energy by an electrode reaction of a halogenated oxyanion species (alkali metal chloride feed solution) comprises storing and/or discharging energy by a reversable electrode reaction between a chlorine containing ion and chlorine dioxide (column 5, line 28 through column 6, line 15). With regard to Claims 11-12, Cawlfield et al. disclose in Figures 1-3, wherein the chlorine containing ion comprises a salt of sodium chloride and alkali metal salt additives in the sodium chloride, such as alkali metal phosphates, sulfates, chlorides, etc. (column 6, line 6-column 7, line 11). 8. Claims 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tonggelage et al. (CN108376777A). With regard to Claim 15, Tonggelage et al. disclose an energy storage device, called a surface-modified lithium ion battery, comprising: negative electrode materials (paragraph 0053); and positive electrode materials comprising chlorine dioxide and chlorite (paragraphs 0009-0012), wherein the energy storage device is configured to be rechargeable since (paragraphs 0009-0012, 0052-0053). With regard to Claim 16, Tonggelage et al. further disclose an electrolyte, wherein the negative electrode materials comprise carbon, zinc, iron, or sulfur (paragraphs 0052-0053). Claim Rejections - 35 USC § 103 9. 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. 10. 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. 11. 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. 12. Claims 5, 8, 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cawlfield et al. (US 5,158,658), as applied to Claims 1-4, 6-7 and 9-12 above, and in further view of Wang et al. (US 2018/0269515 A1). With regard to Claim 5, Cawlfield et al. disclose the electrochemical system in paragraph 7 above, but do not specifically disclose wherein the electrochemical system comprises a storage battery. Wang et al. disclose in Figure 1, a long-duration electrical energy storage/delivery system (100), such as a redox flow battery, utilizing an energy-bearing redox pair and comprising a first redox flow cell (102), a first electrolyte regeneration cell (103), and a second electrolyte regeneration cell (104), a positive electrode side (106), a negative electrode side (105) and a proton membrane (112) separating the positive and negative electrode sides (paragraph 0024). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the electrochemical system of Cawlfield et al. to include a storage battery, because Wang et al. teach that batteries can deliver electrical energy for long durations and/or produce hydrogen at much lower voltage and with improved efficiency resulting in a lower operating cost and stable, long-term energy delivery (paragraph 0023). With regard to Claim 8, Cawlfield et al. disclose the electrochemical system in paragraph 7 above, but do not specifically disclose wherein the system is a bulk energy storage system is a long duration energy storage (LODES) system. Wang et al. disclose in Figure 1, a long-duration electrical energy storage/delivery system (100), such as a redox flow battery, utilizing an energy-bearing redox pair and comprising a first redox flow cell (102), a first electrolyte regeneration cell (103), and a second electrolyte regeneration cell (104), a positive electrode side (106), a negative electrode side (105) and a proton membrane (112) separating the positive and negative electrode sides (paragraph 0024). Wang et al. disclose wherein the electrochemical system a bulk energy storage system providing long duration energy storage for various applications such as micro or island grids (paragraph 0004). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the electrochemical system of Cawlfield et al. to include a bulk energy storage system as a long duration energy storage (LODES) system, because Wang et al. teach that these systems improve the electric grid resilience, alleviate the need for rapid ramping due to increasing renewable penetration, and provide transmission and delivery deferral (paragraph 0004). With regard to Claims 13-14, Cawlfield et al. disclose the method in paragraph 7 above, but do not specifically disclose wherein the storing and/or discharging are performed as part of operating a battery in a bulk energy storage system, and wherein the bulk energy storage system is a long duration energy storage (LODES) system. Wang et al. disclose in Figure 1, a long-duration electrical energy storage/delivery system (100), such as a redox flow battery, utilizing an energy-bearing redox pair and comprising a first redox flow cell (102), a first electrolyte regeneration cell (103), and a second electrolyte regeneration cell (104), a positive electrode side (106), a negative electrode side (105) and a proton membrane (112) separating the positive and negative electrode sides (paragraph 0024). Wang et al. disclose wherein the electrochemical system a bulk energy storage system providing long duration energy storage for various applications such as micro or island grids (paragraph 0004). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Cawlfield et al. to include the storing and/or discharging being performed as part of operating a battery in a bulk energy storage system, and wherein the bulk energy storage system is a long duration energy storage (LODES) system, because Wang et al. teach that these systems can deliver electrical energy for long durations and/or produce hydrogen at much lower voltage and with improved efficiency resulting in a lower operating cost and stable, long-term energy delivery (paragraph 0023), as well as, improve the electric grid resilience, alleviate the need for rapid ramping due to increasing renewable penetration, and provide transmission and delivery deferral (paragraph 0004). 13. Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tonggelage et al. (CN108376777A), as applied to Claims 15-16 above, and in further view of Wang et al. (US 2018/0269515 A1). With regard to Claims 17-18, Tonggelage et al. disclose the energy storage device in paragraph 8 above, but do not specifically disclose a bulk energy storage system, comprising the energy storage device noted above, wherein the bulk energy storage system is a long or ultra-long duration energy storage system. Wang et al. disclose in Figure 1, a long-duration electrical energy storage/delivery system (100), such as a redox flow battery, utilizing an energy-bearing redox pair and comprising a first redox flow cell (102), a first electrolyte regeneration cell (103), and a second electrolyte regeneration cell (104), a positive electrode side (106), a negative electrode side (105) and a proton membrane (112) separating the positive and negative electrode sides (paragraph 0024). Wang et al. disclose wherein the electrochemical system a bulk energy storage system providing long duration energy storage for various applications such as micro or island grids (paragraph 0004). Before the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the method of Cawlfield et al. to include the storing and/or discharging being performed as part of operating a battery in a bulk energy storage system, and wherein the bulk energy storage system is a long duration energy storage (LODES) system, because Wang et al. teach that these systems can deliver electrical energy for long durations and/or produce hydrogen at much lower voltage and with improved efficiency resulting in a lower operating cost and stable, long-term energy delivery (paragraph 0023), as well as, improve the electric grid resilience, alleviate the need for rapid ramping due to increasing renewable penetration, and provide transmission and delivery deferral (paragraph 0004). Conclusion 14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM 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, 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. /KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Apr 14, 2023
Application Filed
Nov 05, 2025
Non-Final Rejection — §102, §103 (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
80%
Grant Probability
93%
With Interview (+12.4%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 1040 resolved cases by this examiner. Grant probability derived from career allow rate.

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