Prosecution Insights
Last updated: April 19, 2026
Application No. 18/465,263

BATTERY CELL AND ELECTRIC DEVICE USING SUCH BATTERY CELL

Non-Final OA §102§103
Filed
Sep 12, 2023
Examiner
ARCIERO, ADAM A
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ningde Amperex Technology Limited
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 9m
To Grant
47%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
584 granted / 897 resolved
At TC average
Minimal -18% lift
Without
With
+-17.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
63 currently pending
Career history
960
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.8%
+6.8% vs TC avg
§102
23.5%
-16.5% vs TC avg
§112
24.7%
-15.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 897 resolved cases

Office Action

§102 §103
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. BATTERY CELL AND ELECTRIC DEVICE USING SUCH BATTERY CELL Examiner: Adam Arciero S.N. 18/ 465,263 Art Unit: 1727 March 20 , 2026 DETAILED ACTION The Application filed on September 1 2 , 2023 has been entered. Claims 1- 2 9 are currently pending and have been fully considered. Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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, 4-5, 1 2 - 1 4 , 16 -17 , 21 -2 5 and 29 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yu et al. (CN 214254465; as found in IDS dated 01/02/26 and using machine translation for citation purposes) . As to Claim s 1 , 1 2 -1 3 , 21 and 29 Yu discloses a n electric device having a load; and a battery cell 3 comprising: a separator; and a first and second electrode plate 1 each comprising a first recess and fourth recess 14 formed by the absence of active material 12 on a surface of the current collector 11 and first tab 16 disposed in said first recess (paragraphs [ 0002, 0029, 0034]) . Yu discloses wherein a first insulator layer 13 is provided on the first tab and the second electrode plate comprises a second recess and third recess 15 on a surface of a second collector and arranged opposite the first recess and provide d with a first insulation holding member 134 and wherein the third recess comprises a second tab 16 as Yu discloses that both electrodes have the same structure of Fig. 5 (Fig. 4- 5 and 7 , paragraphs [0029, 0034, 0040, 0045] ). As to Claim 4, Yu discloses wherein the first tab 16 extends from the electrode plate in a length direction, and a direction perpendicular to both the length and thickness is defined as a width and the first insulation layer 13 extends beyond the first tab in a width direction; and beyond an end portion of the first tab in length direction (Fig. 1 ). As to Claim 5, Yu discloses wherein an orthographic projection of the second recess on a projection plane perpendicular to the thickness direction of the battery cell falls within an orthographic projection of the first recess on the projection plane perpendicular to the thickness direction of the battery cell (Fig. 1-7). As to Claim 14, Yu discloses wherein the thickness of the battery has no bulge (the thickness is constant and reads on the claimed relationship) (paragraph [0020-0021]). As to Claim 16, Yu discloses wherein two surfaces of the first collector 11 are exposed to form first and second slots on two opposite surfaces of the collector (Fig. 1 , 4-5 and 7 ). As to Claim 17, Yu discloses wherein the first tab 16 is disposed in the first slo t and the second recess comprises first and second opposite grooves, wherein the first opposite groove and the first slot are opposite each other and the second opposite groove and the second slot are opposite each other ( as shown in reproduced Fig. 7 below ). As to Claim 22, Yu discloses wherein a third insulation material is placed on the second tab ; and the fourth recess is provided with a second insulation holding member 133 , a fourth insulation layer is disposed on a surface of the second insulation holding member (reproduced Fig. 7 below). As to Claims 23 and 25, Yu discloses wherein the first tab 16 extends out of the first electrode plate in a length direction, and a direction perpendicular to both the length direction and the thickness direction is defined as a width direction; and in the width direction, the first active substance layer 12 is disposed on two opposite sides of the first recess 14 (Fig. 1). As to Claim 24, Yu discloses wherein the first recess 14 runs through the active material layer 12 (Fig. 1). 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) 2-3, 6-11 , 15 , 18 - 20 and 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (CN 214254465; as found in IDS dated 01/02/26 and using machine translation for citation purposes) . As to Claims 2, 6 , 8-10 , 15 and 26-27 , Yu recognizes the thicknesses of the battery components and their relationships as result-effective variables that are optimized in order to provide an electrode with an improved flatness and a battery with no bulge so that the overall performance of the battery is improved (paragraphs [0021, 0036, 0038, 0041]). The courts have held that a particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation , see MPEP 2144.05, II, B. At the time of the invention, it would have been obvious to one of ordinary skill in the art to optimize the thickness and width relationships of the components of Yu to read on the claims because Yu teaches that an electrode interface with improved flatness and a battery with improved performance can be provided (paragraphs [0021 and 0036]). In addition, the courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device , see MPEP 2144.04, IV, A. As to Claim 3, Yu discloses wherein the first collector comprises the claimed first electrode plate body region and main region, and wherein the first recess comprises a bottom wall and a side wall connecting the bottom wall and the main region (Fig. 1-7). Yu does not specifically disclose the claimed obtuse angle. However, the courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device , see MPEP 2144.04, IV, A. At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the angle between the bottom and side wall of the first recess of Yu to be an obtuse angle because Yu teaches that an electrode interface with improved flatness and a battery with improved performance can be provided (paragraphs [0021 and 0036]). As to Claim 7, Yu discloses wherein both electrodes comprise the structure of claim 1 (paragraph [0045]) and therefore the second gap is disposed between the first insulation holding member and the second active substance layer and the gap is filled with the second insulation layer (Fig. 7). As to Claim 11, Yu discloses wherein an orthographic projection of the second recess falls with an orthographic projection of the first insulation layer 13 (Fig. 5). As to Claim s 18 - 20 , Yu does not specifically teach the staggered arrangements. However, the courts have held that the claimed configuration is a matter of choice which a person having ordinary skill in the art would have found obvious absent persuasive evidence the claimed confirmation was significant, see MPEP 2144.04, IV, B. At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify arrangement of the grooves and slots to be staggered in the claimed manner because Yu teaches that an electrode interface with improved flatness and a battery with improved performance can be provided (paragraphs [0021 and 0036]). Claim (s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al. (CN 214254465; as found in IDS dated 01/02/26 and using machine translation for citation purposes) in view of Dai et al. (CN 113193163 A; as found in IDS dated 01/19/24 and using machine translation for citation purposes) . As to Claim 28, Yu discloses a wound cell (paragraph [0036]). Yu does not specifically disclose a plurality of stacked first tabs. However, Dai teaches of a wound cell wherein the first electrode 10 comprises a plurality if stacked tabs 103 (Fig. 10 and paragraph [0064 ]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the battery of Dai to comprise a plurality of stacked tabs because Dai teaches that the energy density of the cell can be improved and the battery can meet the temperature rise requirements of high-rate charging (paragraph [0064]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ADAM ARCIERO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5116 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:00-5 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, FILLIN "SPE Name?" \* MERGEFORMAT Barbara Gilliam can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-1330 . 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. /ADAM A ARCIERO/ Primary Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Sep 12, 2023
Application Filed
Mar 20, 2026
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
65%
Grant Probability
47%
With Interview (-17.9%)
3y 9m
Median Time to Grant
Low
PTA Risk
Based on 897 resolved cases by this examiner. Grant probability derived from career allow rate.

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