Prosecution Insights
Last updated: October 02, 2026
Application No. 18/443,046

ELECTROCHEMICAL DEVICE

Non-Final OA §102§103§112
Filed
Feb 15, 2024
Priority
Aug 17, 2021 — DE 10 2021 121 359.2 +1 more
Examiner
DAM, DUSTIN Q
Art Unit
Tech Center
Assignee
Marquardt GmbH
OA Round
1 (Non-Final)
23%
Grant Probability
At Risk
1-2
OA Rounds
1y 11m
Est. Remaining
48%
With Interview

Examiner Intelligence

Grants only 23% of cases
23%
Career Allowance Rate
165 granted / 718 resolved
-37.0% vs TC avg
Strong +25% interview lift
Without
With
+25.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 7m
Avg Prosecution
38 currently pending
Career history
751
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 718 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Summary This is the initial Office Action based on the Electrochemical Device filed February 15, 2024. Claims 1-16 are currently pending. 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 2-9 and 13 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. Claim 13 recites, “a direction that is substantially parallel”. It is unclear as to what directions are encompassed by the phrase “that is substantially parallel” and what directions are specifically excluded by the phrase “that is substantially parallel” because it is unclear as to what limitations the term “substantially” definitely imparts on the claimed direction. Claims 2 and 4 recite the limitation "the at least one contact element" on line 1-2. There is insufficient antecedent basis for this limitation in the claim. Dependent claims are rejected for dependency. Claim 6 recites the limitation "the other latching arm" on line 2. There is insufficient antecedent basis for this limitation in the claim. Amending “the other latching arm” to “another latching arm” would overcome the rejection. Claim Rejections - 35 USC § 102 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 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. Claim(s) 1-5, 9, 10, 12, 13, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng et al. (CN 110323463 A included in Applicant submitted IDS filed February 15, 2024). With regard to claim 1, Cheng et al. discloses an electrochemical device, comprising a stack of electrochemical units that succeed one another in a stack direction (see Fig. 2), wherein each electrochemical unit comprises a bipolar plate (10, Fig. 1), and a terminal connector (2, Fig. 7) that comprises an electrically insulating housing (23, Fig. 7) and a plurality of electrically conductive contact elements (21, Fig. 8), wherein a plurality of the bipolar plates each comprise a terminal element that projects in a contact-making direction, beyond lateral edges of the bipolar plate adjacent to the terminal element (as depicted in Fig. 1, a terminal element 13 that projects in a contact-making direction, beyond lateral edges of the bipolar plate 10 adjacent to the terminal element 13), wherein the terminal element has at least one of at least one latching element with which the terminal connector is latchable, and at least one contact-making bead (as depicted in Fig. 1 and 8, the cited terminal element has at least one of at least one latching element 13, as it functions to latch with contact element 21, with which the terminal connector 2 is latchable; see [0076-0077]) with which, in a mounted condition of the terminal connector, one of the contact elements of the terminal connector is engageable, in order to make an electrically conductive contact between the bipolar plate and the respectively associated contact element of the terminal connector (as depicted in Fig. 1, 6, and 8 and described in [0076-0077], in a mounted condition of the terminal connector 2, one of the contact elements 21 of the terminal connector 2 is engageable, in order to make an electrically conductive contact between the bipolar plate 10 and the respectively associated contact element 21 of the terminal connector 2). With regard to claim 2, Cheng et al. discloses wherein the at least one contact element has at least two contact-making arms (see Fig. 8 and see [0077] describing “clamping terminal 21 includes a clamping part composed of two closely contacting metal springs” cited to read on the claimed at least two contact-making arms) which, in the mounted condition of the terminal connector, abut against the terminal element (see [0077] teaching “Since the metal springs are elastic, the contact terminal 13 can be clamped by the clamping force generated by elastic deformation”). With regard to claim 3, Cheng et al. discloses wherein, in the mounted conduction of the terminal connector, the two contact-making arms abut against two mutually remote sides of the terminal element (see [0077] teaching “the contact terminal 13 is inserted between the two metal springs of the clamping part”). With regard to claim 4, Cheng et al. discloses wherein the at least one contact element has at least one latching arm (such as depicted in Fig. 8, at least one latching arm, such as the right clamping part 21 and the left clamping part 21 in the same row of clamping parts 21 each cited to read on a claimed “latching arm” as they function to latch to terminal element 13) that, in the mounted condition of the terminal connector, engages behind a latching element of the terminal element (as depicted in Fig. 8 and described in [0077], the cited latching arms 21 engages behind a latching element of the terminal element 13, such as on each side of the portion of 13 latched to clamping parts 21). With regard to claim 5, Cheng et al. discloses wherein the at least one contact element has at least two latching arms (such as depicted in Fig. 8, at least two latching arms, such as the right clamping part 21 and the left clamping part 21 in the same row of clamping parts 21 each cited to read on a claimed “latching arm” as they function to latch to terminal element 13) that, in the mounted condition of the terminal connector, abut against two mutually remote sides of the terminal element (as depicted in Fig. 8 and described in [0077], the cited latching arms 21 abut against two mutually remote sides of the terminal element 13). With regard to claim 6, Cheng et al. discloses wherein one of the latching arms has a greater length than the other latching arm (). With regard to claim 7, Cheng et al. discloses wherein the at least one contact element has at least one latching arm () that, in the mounted condition of the terminal connector, engages behind a latching element of the terminal element () and wherein the at least two contact-making arms abut against a first side of the terminal element and the at least one latching arm abuts against a second side of the terminal element that is remote from the first side of the terminal element (). With regard to claim 8, Cheng et al. discloses wherein the at least one latching arm of the contact element is arranged, as seen in a direction running parallel to the stack direction, between two contact-making arms of the contact element (). With regard to claim 9, Cheng et al. discloses wherein the at least one contact element has at least two contact-making arms (see Fig. 8 and see [0077] describing “clamping terminal 21 includes a clamping part composed of two closely contacting metal springs” in which the right most clamping part 21 in the same row of clamping parts 21 is cited to read on the claimed at least two contact-making arms) which, in the mounted condition of the terminal connector, abut against the terminal element (see [0077] teaching “Since the metal springs are elastic, the contact terminal 13 can be clamped by the clamping force generated by elastic deformation”), wherein the at least one contact element has at least one latching arm that (see Fig. 8 and see [0077] describing “clamping terminal 21 includes a clamping part composed of two closely contacting metal springs” in which the left most clamping part 21 in the same row of clamping parts 21 is cited to read on the claimed at least one latching arm), in the mounted condition of the terminal connector, engages behind a latching element of the terminal element (as depicted in Fig. 8 and described in [0077], the cited latching arm, left most clamping part 21 in the same row of clamping parts 21, engages behind a latching element of the terminal element 13, such as on each side of the portion of 13 latched to clamping parts 21) and wherein the contact element has at least two latching arms (see Fig. 8 and see [0077] describing “clamping terminal 21 includes a clamping part composed of two closely contacting metal springs” in which the right most clamping part 21 in the same row of clamping parts 21 is cited to read on the claimed at least two latching arms), wherein, in the mounted condition of the terminal connector, in each case a latching arm and a contact-making arm are arranged in pairs, one above the other in the stack direction (see Fig. 8 depicting a latching arm and a contact-making arm are arranged in pairs of the cited metal springs, one above the other in the cited stack direction). With regard to claim 10, Cheng et al. discloses wherein the terminal connector comprises at least one latch element (see Fig. 8 and see [0077] describing “clamping terminal 21 includes a clamping part composed of two closely contacting metal springs” in which the clamping part is cited to read on the claimed at least one latch element) which, in the mounted condition of the terminal connector, engages behind a latching projection of the terminal element (as depicted in Fig. 8 and described in [0077], the cited at least one latch element engages behind a latching projection of the terminal element 13, such as the projected end of terminal element 13 latched to the cited at least one latch element 21). With regard to claim 12, Cheng et al. discloses wherein the terminal connector comprises at least one deflection recess and at least one immobilising element (such as depicted in Fig. 8, the terminal connector 2 comprises at least one deflection recess, such as the recess formed between each pair of metal springs 21, and at least one immobilizing element, such as the clamping part described in [0077] as “clamping terminal 21 includes a clamping part composed of two closely contacting metal springs”), wherein using this, in the mounted condition of the terminal connector, a region of the terminal element is displaceable into the deflection recess associated with the immobilising element (as depicted in Fig. 8 and described in [0077], a region of the terminal element 13, such as the region inserted into the cited terminal connector 2, is displaceable into the cited deflection recess associated with the cited immobilising element 21). With regard to claim 13, Cheng et al. discloses wherein the terminal at least one immobilising element is pushable into the housing of the terminal connector in a direction that is substantially parallel to a longitudinal extent of a latching element and/or a longitudinal direction of a contact-making bead (as depicted in Fig. 8 and described in [0074], the cited immobilisong element is elastic which would provide for the cited immobilisong element 21 to be pushable/compressible into the housing 23 of the terminal connector in a direction that is substantially parallel to a longitudinal extent of a latching element). With regard to claim 15, Cheng et al. discloses wherein the terminal connector comprises at least two rows of contact elements (as depicted in Fig. 8, the cited terminal connector 2 comprises at least two rows of contact elements, such as the alternating right most clamping terminal 21 of a first row for a respective bipolar plate 10 with the left most clamping terminal 21 of a second row for a next adjacent bipolar plate 10), each of which, in the mounted condition of the terminal connector, extend in the stack direction and are offset from one another perpendicular to the stack direction (as depicted in Fig. 8, the cited at least two rows of contact elements 21 extend in the cited stack direction and the cited right most and left most clamping terminals are offset from one another perpendicular to the cited stack direction). With regard to claim 16, Cheng et al. discloses wherein, in the mounted condition of the terminal connector, each row of contact elements makes electrically conductive contact with every nth one of the bipolar plates that succeed one another in the stack direction, where n is greater than or equal to 2 (as depicted in Fig. 8, each cited row of contact elements 21 makes electrically conductive contact with every nth one of the bipolar plates 10 that succeed one another in the stack direction, where n is greater than or equal to 2). Claim(s) 1, 11, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hotta (U.S. Pub. No. 2012/0129069 A1). With regard to claims 1, 11, and 14, an electrochemical device, comprising a stack of electrochemical units that succeed one another in a stack direction (see Fig. 1 depicting a stack of electrochemical units 140 that succeed one another in a stack direction), wherein each electrochemical unit comprises a bipolar plate (140, Fig. 1), and a terminal connector (components 210/220/230 depicted in Fig. 4) that comprises an electrically insulating housing (210/220, Fig. 4; see [0054-0055]) and a plurality of electrically conductive contact elements (230, Fig. 4), wherein a plurality of the bipolar plates each comprise a terminal element that projects in a contact-making direction, beyond lateral edges of the bipolar plate adjacent to the terminal element (as depicted in Fig. 4, a terminal element 172/162 that projects in a contact-making direction, beyond lateral edges of the bipolar plate 140 adjacent to the terminal element 172/162), wherein the terminal element has at least one of at least one latching element with which the terminal connector is latchable, and at least one contact-making bead (as depicted in Fig. 4, the cited terminal element 172/162 has at least one of at least one latching element 172/162, as it functions to latch with contact element 230, with which the cited terminal connector 210/220/230 is latchable; see [0058]) with which, in a mounted condition of the terminal connector, one of the contact elements of the terminal connector is engageable, in order to make an electrically conductive contact between the bipolar plate and the respectively associated contact element of the terminal connector (as depicted in Fig. 4 and described in [0058], in a mounted condition of the terminal connector 210/220/230, one of the contact elements 230 of the cited terminal connector is engageable, in order to make an electrically conductive contact between the bipolar plate 140 and the respectively associated contact element 230 of the terminal connector ), wherein the terminal connector comprises at least one latch element which, in the mounted condition of the terminal connector, is latched into a latching recess in the terminal element (as depicted in Fig. 4, the cited terminal connector 210/220/230 comprises at least one latch element 230 which, in the mounted condition of the terminal connector, is latched into a latching recess/space between 172 and 162 in the cited terminal element 172/162), wherein the terminal connector comprises at least one latch element which, in the mounted condition of the terminal connector, engages behind a latching bead formed on the terminal element, or a latching notch (as depicted in Fig. 4, the cited terminal connector 210/220/230 comprises at least one latch element 230 which, in the mounted condition of the terminal connector, engages behind a latching bead formed on the terminal element, or a latching notch, such as behind the latching notch at the space between 172 and 162). 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. Claim(s) 2 and 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng et al. (CN 110323463 A) in view of Karacora (U.S. Patent No. 5,667,414). With regard to claims 4-6, independent claim 1 is anticipated by Cheng et al. under 35 U.S.C. 102(a)(1) as discussed above. Cheng et al. does not disclose wherein the at least one contact element has at least two latching arms that, in the mounted condition of the terminal connector, engages behind a latching element of the terminal element and abut against two mutually remote sides of the terminal element, and wherein one of the latching arms has a greater length than the other latching arm. However, Karacora discloses a terminal connector (see Title and Abstract) and teaches at least one contact element has at least two latching arms (as depicted in Fig. 1, at least one contact element 2 has at least two latching arms 4 and 7/8) that, in the mounted condition of the terminal connector, engages behind a latching element of the terminal element (as depicted in Fig. 1-3, the cited at least two latching arms 4 and 7/8 engages behind a latching element 11 of the terminal element 9, at component 10 of latching arm 4) and abut against two mutually remote sides of the terminal element (as depicted in Fig. 1-3, the cited at least two latching arms 4 and 7/8 abut against two mutually remote top and bottom sides of the terminal element 9), and wherein one of the latching arms has a greater length than the other latching arm (as depicted in Fig. 1, the cited latching arm 4 has a greater length than the latching arm 7/8). Karacora teaches the contact element and terminal element design allows for secure space-saving locking (see line 49-55, column 1). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the contact element and terminal element design in the electrochemical device of Cheng et al. to include the contact element and terminal element design of Karacora because it would have provided for secure space-saving locking. With regard to claims 2, 7, and 8, independent claim 1 is anticipated by Cheng et al. under 35 U.S.C. 102(a)(1) as discussed above. Cheng et al. does not disclose wherein the at least one contact element has at least two contact-making arms which, in the mounted condition of the terminal connector, abut against the terminal element, wherein the at least one contact element has at least one latching arm that, in the mounted condition of the terminal connector, engages behind a latching element of the terminal element and wherein the at least two contact-making arms abut against a first side of the terminal element and the at least one latching arm abuts against a second side of the terminal element that is remote from the first side of the terminal element, wherein the at least one latching arm of the contact element is arranged, as seen in a direction running parallel to the stack direction, between two contact-making arms of the contact element. However, Karacora discloses a terminal connector (see Title and Abstract) and teaches at least one contact element has at least two contact-making arms (as depicted in Fig. 1, at least one contact element 2 has at least two contact-making arms 4, 7, and 8) which, in the mounted condition of the terminal connector, abut against the terminal element (as depicted in Fig. 1, the cited at least two contact-making arms 4, 7, and 8 abut against the terminal element 9), wherein the at least one contact element has at least one latching arm (as depicted in Fig. 1, the at least one contact element 2 has at least one latching arm 12/13/10) that, in the mounted condition of the terminal connector, engages behind a latching element of the terminal element (as depicted in Fig. 1, the cited latching arm 12/13/10 engages behind a latching element 11 of the terminal element 9) and wherein the at least two contact-making arms abut against a first side of the terminal element and the at least one latching arm abuts against a second side of the terminal element that is remote from the first side of the terminal element (as depicted in Fig. 1, the at least two contact-making arms 4, 7, and 8 abut against a first top side of the terminal element 9 and the at least one latching arm 12/13/10 abuts against a second bottom side of the terminal element 9 that is remote from the first top side of the terminal element 9), wherein the at least one latching arm of the contact element is arranged between two contact-making arms of the contact element (as depicted in Fig. 1, the at least one latching arm 12/13/10 of the contact element 2 is arranged, as seen in a direction running normal to the terminal element 9, between two contact-making arms 7/8 and 4 of the contact element 2). Karacora teaches the contact element and terminal element design allows for secure space-saving locking (see line 49-55, column 1). Thus, at the time of the invention, it would have been obvious to a person having ordinary skill in the art to have modified the contact element and terminal element design in the electrochemical device of Cheng et al. to include the contact element and terminal element design of Karacora because it would have provided for secure space-saving locking. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN Q DAM whose telephone number is (571)270-5120. The examiner can normally be reached Monday through Friday, 6:00 AM to 2:00 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, Allison Bourke can be reached at (303) 297-4684. 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. /DUSTIN Q DAM/Primary Examiner, Art Unit 1721 September 10, 2026
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Prosecution Timeline

Feb 15, 2024
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
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Grant Probability
48%
With Interview (+25.2%)
4y 7m (~1y 11m remaining)
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