Prosecution Insights
Last updated: August 16, 2026
Application No. 18/526,259

CYLINDRICAL BATTERY AND VEHICLE

Non-Final OA §102§103
Filed
Dec 01, 2023
Priority
Jul 23, 2021 — CN 202110837679.X +1 more
Examiner
KHANAL, ARTI
Art Unit
Tech Center
Assignee
BYD Company Limited
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
12
Total Applications
across all art units

Statute-Specific Performance

§103
52.7%
+12.7% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-12 in the reply filed on 7/02/2026 is acknowledged. Claims 13-20 withdrawn without traverse from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. 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. (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(s) 1-7, 9 and 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jin et al. (CN 112310569 A; see attached machine translation). Regarding claim 1, a cylindrical battery C, comprising: a housing 4 having an accommodating space (para 50, “accommodating cavity”); and a negative electrode sheet 122, a first separator 123, a positive electrode sheet 121, and a second separator stacked in sequence (para 70, step 2), the negative electrode sheet, the first separator, the positive electrode sheet, and the second separator being wound multiple turns to form an electrode core (para 70, step 2), the housing being co-axial with the electrode core (fig. 4), the electrode core being at least partially disposed in the accommodating space (fig. 4), the electrode core having a positive electrode end surface and a negative electrode end surface (see annotated fig. 1 below), the positive electrode sheet 121 comprising a positive electrode material layer and a positive electrode foil layer, the negative electrode sheet 122 comprising a negative electrode material layer and a negative electrode foil layer (para 53), at least some of the wound turns of the positive electrode foil layer extending toward a first end of the housing to form a positive electrode tab, at least some of the wound turns of the negative electrode foil layer extending toward a second end of the housing to form a negative electrode tab (para 70, step 1, a positive electrode 121 and a negative electrode 122 with the blank areas 101; “the blank area 101 is cut into a lug area 101”; fig 11-12), a portion of the positive electrode end surface of the electrode core that is not covered by the positive electrode tab is located at at least a side of the positive electrode tab, and a portion of the negative electrode end surface of the electrode core that is not covered by the negative electrode tab is located at at least a side of the negative electrode tab (see annotated fig. below). Regarding claim 2, Jin discloses the positive electrode tab is located between an axis of the electrode core and an outer edge of the positive electrode end surface, and the negative electrode tab is located between the axis of the electrode core and an outer edge of 22 the negative electrode end surface (see annotated fig.1 below). Regarding claim 3, Jin discloses the electrode core comprises a positive electrode end and a negative electrode end, the positive electrode end comprises the positive electrode end surface, and the negative electrode end comprises the negative electrode end surface; the positive electrode tab is formed on the positive electrode end, the negative electrode tab is formed on the negative electrode end, the positive electrode tab extends out of the positive electrode end surface, and the negative electrode tab extends out of the negative electrode end surface; and the positive electrode tab and the negative electrode tab have a ring shape (para 70-71, see annotated fig.1 below). [AltContent: textbox (Figure 1: Annotated figure 4 from Jin et al.)] PNG media_image1.png 1012 831 media_image1.png Greyscale Regarding claim 4, Jin discloses a positive electrode current collecting disc (para 57, “adapter 2”) connected to the positive electrode tab and a negative electrode current collecting disc connected to the negative electrode tab (see annotated fig above), and a positive electrode cap (para 54, “top cover plate 52”) connected to the positive electrode current collecting disc and a negative electrode cap connected to the negative electrode current collecting disc (para 54-57; see annotated fig.1 above). Regarding claim 5, Jin discloses the positive electrode current collecting disc 2 is disposed at an inner side of the positive electrode tab and electrically connected to the positive electrode tab (para 58, “the adapter sheet 2 includes a first body 21”; “first body 21 extends into the inside of the tab 11”); and the negative electrode current collecting disc is disposed at an inner side of the negative electrode tab and electrically connected to the negative electrode tab (fig. 4). Regarding claim 6, Jin discloses the current collecting disc (para 58, “the adapter sheet 2”) comprises current collecting disc body (para 58, “first body 21”), a connecting portion (para 58, “welding area 212”) located at a periphery of the current collecting disc body, and a connecting sheet (para 58, “first cover 22”; fig 4) facing the current collecting disc body, wherein the current collecting disc body is located at the inner side of the electrode tab, the connecting portion is attached and connected to an inner wall surface of the electrode tab (para 58, “a part of the first body 21 extends into the inside of the tab 11”), and the connecting sheet is electrically connected with the electrode cap of the cylindrical battery (para 58, “the first cover 22 is connected to the top cover assembly”). Jin discloses the positive and negative side comprises the same corresponding elements discussed above, as shown in Fig. 4. Regarding claim 7, Jin discloses the current collecting disc is disposed at an outer side of the electrode tab and electrically connected to the electrode tab (para 58, “the other part [of first body 21] is exposed outside the tab 11”). As shown in Fig. 4, both sides of the battery comprises corresponding structures to those discussed above. [AltContent: textbox (Figure 2: Annotated figure 7 from Jin et al.)] PNG media_image2.png 294 486 media_image2.png Greyscale Regarding claim 9 and 11, Jin discloses a first end of the positive connecting sheet is connected to the positive current collecting disc body (fig 7; see annotated fig. 2 below), and a second end of the positive connecting sheet extends radially along the housing toward an axis of the electrode core (fig 4-6; see annotated fig. 2 below). Jin discloses the negative side comprises the same corresponding elements discussed above, as shown in Fig. 4. 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. 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(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (CN 112310569 A; see attached machine translation), as applied to claim 7 above, and further in view of Ma et. al. (CN 111081966 A; see attached machine translation). Regarding claim 8, Jin discloses the electrode current collecting disc comprises a current collecting disc body, a connecting portion located at a periphery of the current collecting disc body, and a connecting sheet facing the current collecting disc body, and the connecting sheet is electrically connected with the electrode cap of the cylindrical battery (refer to rejection of claim 6). Jin further discloses the current collecting disc body comprises an annular disc and is sleeved on the positive electrode tab (para 57 “the diameter of the adapter sheet 2 is smaller than the diameter of the tab 11”; see annotated fig. 1 above). Jin discloses the positive and negative side comprises the same corresponding elements discussed above, as shown in Fig. 4. Jin does not disclose the positive connecting portion is attached and connected to an outer wall surface of the positive electrode tab and the negative connecting portion is attached and connected to an outer wall surface of the negative electrode tab. Ma, also directed to cylindrical lithium battery, discloses the boss structure formed by electrode tab15/16 “snap into the circular groove 41 on the current collecting disc 4” (para 35). Accordingly, Ma discloses connecting portion 41 is attached and connected to an outer wall surface of the electrode tab. It would have been obvious to a person having ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the cylindrical battery taught by Jin such that the positive connecting portion is attached and connected to an outer wall surface of the positive electrode tab and the negative connecting portion is attached and connected to an outer wall surface of the negative electrode tab as taught by Ma as doing such that the structures are ”set in cooperation” with each other (para 40). Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (CN 112310569 A; see attached machine translation), as applied to claim 9 and 11 above, and further in view of Zhao (CN 104218264 A; see attached machine translation). Regarding claims 10 and 12, Jin discloses a positive spacer ring (para 64, “lower plastic 6”) disposed between the positive current collecting disc and a first end surface of the electrode core. Jin also discloses a negative spacer ring disposed between the negative current collecting disc and a second end surface of the electrode core (fig. 4). Jin does not disclose a positive electrode insulating pad disposed between the positive current collecting disc and the positive electrode cap and a negative electrode insulating pad disposed between the negative current collecting disc and the negative electrode cap. Zhao discloses insulating collar 5 disposed between the current collecting disc and the electrode cap (para 101, fig 1). It would have been obvious to a person having ordinary skill in the art, prior to the effective filing date of the claimed invention, to have modified the cylindrical battery taught by Jin to include the insulating collar between the positive current collecting disc and the positive electrode cap and correspondingly between the negative current collecting disc and the negative electrode cap as taught by Zhao as doing such “prevents short circuit inside the battery” (para 101). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARTI KHANAL whose telephone number is (571)272-8608. The examiner can normally be reached Mon-Fri 7:00am-5pm. 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, Michael N Orlando can be reached at (571) 270-5038. 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. /A.K./Examiner, Art Unit 1746 /MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746
Read full office action

Prosecution Timeline

Dec 01, 2023
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103 (current)

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
2y 8m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month