Prosecution Insights
Last updated: July 17, 2026
Application No. 18/483,022

ELECTROCHEMICAL CELL AND METHOD FOR PRODUCING AN ELECTROCHEMICAL CELL

Non-Final OA §102§112
Filed
Oct 09, 2023
Priority
Apr 21, 2021 — DE 10 2021 203 995.2 +1 more
Examiner
DOVE, TRACY MAE
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
ElringKlinger AG
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
489 granted / 709 resolved
+4.0% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
34 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
57.5%
+17.5% vs TC avg
§102
25.9%
-14.1% vs TC avg
§112
14.1%
-25.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 709 resolved cases

Office Action

§102 §112
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 . DETAILED ACTION Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/9/23 has been considered by the examiner. Claim Interpretation Claim 1 recites “for an electrochemical system”, “for receiving, storing and/or providing electrical energy”, “for accommodating” and “for connecting”, which are all considered intended use limitations that have not been given patentable weight. Claim 11 recites “the first compensation section is a reworked region” and “the second compensation section is a post-machined region”, which are product-by-process limitations that have not been given patentable weight. Claim 13 recites “formed from a film, for example a self-adhesive film”, which is interpreted as a product-by-process limitation and, therefore, has not been given patentable weight. 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 1-15 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 1 recites the term “and/or” multiple times such that the claim is not clear and concise. The claim is indefinite as to the claim limitations being limited by the term “and/or”. Note claims 2-15 contain the term “and/or” and are also considered indefinite. Furthermore, the use of multiple “and/or” terms throughout the claims results in multiple antecedent basis issues throughout the claims. Regarding claim 5, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claims 6 and 7 recite the broad recitation “approximately…or more”, and the claim also recites “in particular approximately” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. Claim 6 recites the limitation "the second edge region" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 6 recites the limitation "the second compensation section" in line 8. There is insufficient antecedent basis for this limitation in the claim. Claim 7 recites the limitation "the second edge region" in line 6. There is insufficient antecedent basis for this limitation in the claim. Claim 7 recites the limitation "the second compensation section" in line 7. There is insufficient antecedent basis for this limitation in the claim. Regarding claim 9, the phrases "preferably" and “in particular” render the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). In addition, it is suggested that all groups recite language such as “A, B, C or D” or “selected from the group consisting of A, B, C and D”. Regarding claims 10, 11 and 13-15, the phrase "for example" renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Regarding claims 10 and 14-15, the phrases "preferably" and “in particular” render the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim 14 depends from claim 1 and recites multiple limitations wherein there is insufficient antecedent basis for these limitations in the claim. For example “a cover element”, “a first connection conductor” and “a first cell terminal. Claim 14 requires correction for all terms lacking proper antecedent basis. In addition, claim 14 recites “a casting method” twice. To the extent the claims are understood in view of the 35 USC 112 rejections above, note the following prior art rejections. 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. Claim(s) 1-4, 6-8 and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hamamoto et al., US 2022/0278398 A1. Hamamoto teaches a terminal-equipped case member having an external terminal for electrically connecting an external device, which is fixed to a case body for housing an electronic component or a case member constituting a case lid attached to the case body, includes a base material made of metal that forms the case member; the external terminal inserted into a through hole formed through the base material; a sealing material formed of a first resin material that seals a gap between the external terminal and the base material; and a terminal adhesion layer. The external terminal and the sealing member are bonded to each other through the terminal adhesion layer formed of a second resin material with a higher adhesion to the external terminal than that of the first resin material (abstract). See Figures 1-10. PNG media_image1.png 479 457 media_image1.png Greyscale As shown in FIG. 2, the base material 11 made of metal, which forms the case member 10, is provided with two through holes 12 and a relief valve 15. In the present example, the base material 11 is made of an aluminum alloy. And, each through holes 12 has the external terminal 20 inserted therethrough. The external terminals 20 are made of metal, which may be copper, aluminum alloys, etc. The bottom of each external terminal 20, which is positioned inside the case body 1a, has a collector 25 (connection conductor) welded thereto to be connected to the electronic component 100 [0050]. PNG media_image2.png 342 426 media_image2.png Greyscale The first resin material is an engineering plastic or a super engineering plastic, and the second resin material is an epoxy resin, a polyamide-imide resin, or a polyimide resin. By adopting an engineering plastic or a super engineering plastic as the first resin material, the sealing member can be improved in insulation, heat resistance, chemical resistance, and mechanical characteristics. An epoxy resin, a polyamide-imide resin, or a polyimide resin adopted as the second resin material has high wettability with a heat-melted engineering plastic or super engineering plastic, and is well compatible therewith, thus it has high affinity and compatibility as surface characteristics with respect to the engineering plastic or the super engineering plastic. In addition, because these materials are excellent in heat resistance, heat deterioration due to a heat-melted engineering plastic or super engineering plastic at the time of molding (casting) tends not to occur. Therefore, by adopting the first resin material and the second resin material as described above, satisfactory adhesion can be obtained between the terminal adhesion layer and the external terminal made of metal, and between the sealing member and the terminal adhesion layer. Further, because the sealing member and the terminal adhesion layer are both made of resin, satisfactory adhesion can be obtained therebetween. Consequently, the airtightness between the external terminal and the base material can be further improved [0027]. The terminal adhesion layer is preferably composed of an electrodeposition coating film. Electrodeposition is a technique for forming a thin polymer film firmly on the surface of an object to be coated, in which the object to be coated of a conductor is immersed in a bath filled with a water-soluble paint for electrodeposition so as to form a water-insoluble coating uniformly on the surface thereof by applying a voltage between the object to be coated and an counter electrode to flow a current, and is subjected to baking and drying. As long as an object to be coated is made of a conductor such as a metal, electrodeposition makes it possible to form a uniform resin thin film on the surface of the object even in the case of a complicated shape. Accordingly, forming the terminal adhesion layer with an electrodeposition coating film allows the terminal adhesion layer to have a uniform film thickness even if an external terminal has a complicated shape. In addition, because the terminal adhesion layer can be formed of a firm resin coating, it will be excellent in heat resistance. As a result, heat deterioration in the terminal adhesion layer due to melting heat at the time of molding (casting) the sealing member can be curtailed to thereby achieve further excellent airtightness [0029]. As a resin material for forming the sealing member 30 (the first resin material), a thermoplastic resin material is preferable in order that the after-mentioned insert molding can be performed, and preferably has a heat-resistant temperature of 150° C. or higher in consideration of the circumference of being exposed to high temperature during the insert molding. In addition, from the viewpoint of ensuring the compatibility and adhesiveness between the first resin material and the second resin material, the solubility parameters (SP values) of the both are preferably set to be close to each other. For example, in view of the case where an epoxy resin having an SP value of around 11, a polyamide-imide resin or a polyimide resin having an SP value of around 13.6 is used as the second resin material, a resin material having a solubility parameter (SP value) within a range of 9.5-15 may be used as the first resin material [0054]. See at least Figure 6 that illustrates at least one first depression. The thickness of the terminal adhesion layer is preferably within a range of 10-80 μm [0030]. An average thickness of the terminal adhesion layer 40 may be set within a range of 10-80 μm, preferably set within a range of 20-50 μm. If the average thickness of the terminal adhesion layer 40 is less than 10 μm, fine unevenness on the terminal surface causes uneven coating such that the terminal adhesion layer 40 is made too thin, and/or an uncoated part by which the terminal adhesion layer 40 is not formed, which is not favorable. On the other hand, if the average thickness of the terminal adhesion layer 40 exceeds 80 μm, there is a risk that it may take excessively much time to form the layer, therefore it is considered to be distant [0051]. Thus, the claims are anticipated. Allowable Subject Matter Claims 5, 9-10 and 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: Claim 5 is directed toward the electrochemical cell of claim 3, with claim 3 depending from claim 1, wherein the first edge region of the first compensation element has one or more first degassing openings or wherein the second edge region of the second compensation element has one or more second degassing openings. The prior art (Hamamoto) does not teach or suggest the first and/or second degassing openings, as recited by claim 5. Claims 9 and 10 are directed toward the electrochemical cell of claim 8, with claim 8 depending from claim 1, wherein the first polymer material and/or the second polymer material comprises one or more electrically conductive fillers or wherein the first polymer material and/or the second polymer material comprises one or more electrically insulating fillers. Hamamoto does not teach or suggest the polymer materials of comprise electrically conductive fillers or electrically insulating fillers. Claim 15 is directed toward the method for producing the electrochemical cell of claims 1 and 14. Claim 15 requires the first compensation element is applied to the cover element in a printing process and wherein an increase in height of a first edge region or an embossing of a first compensation section subsequently takes place, and/or wherein the second compensation element is applied to the cover element in a printing process and wherein an increase in height of a second edge region or an embossing of a second compensating section subsequently takes place. Hamamoto does not teach or suggest a printing process wherein an increase in height of an edge region or an embossing of a compensation section subsequently takes place. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00. 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. /TRACY M DOVE/ Primary Examiner, Art Unit 1725
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Prosecution Timeline

Oct 09, 2023
Application Filed
Jun 25, 2026
Non-Final Rejection mailed — §102, §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
69%
Grant Probability
79%
With Interview (+10.0%)
3y 7m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 709 resolved cases by this examiner. Grant probability derived from career allowance rate.

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