Prosecution Insights
Last updated: October 02, 2026
Application No. 18/644,155

ELECTROCHEMICAL ENERGY STORAGE ELEMENT

Non-Final OA §102§103§112
Filed
Apr 24, 2024
Priority
Apr 26, 2023 — EU 23170134.3
Examiner
LEE, JAMES
Art Unit
Tech Center
Assignee
VARTA Microbattery GmbH
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
542 granted / 730 resolved
+14.2% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
36 currently pending
Career history
764
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 730 resolved cases

Office Action

§102 §103 §112
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 . Claim Objections Claims 1, 3 are objected to because of the following informalities: Claim 1 recites the limitation “connecting the connecting the…” in line 9 which repeats the phrase “connecting the”. Claim 3 recites the limitation “a firsts terminal end face”. Appropriate correction is required. 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 1-8 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 limitation "the feedthrough" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation "the first metal sheet” in line 21. There is insufficient antecedent basis for this limitation in the claim. Claim 4 recites the limitation “at least one of: the energy storage element further comprises a contact sheet metal member directly seated on the first edge of the anode current collector or on the first edge of the cathode current collector, the contact sheet metal member is the current conductor that is welded to the external side of the bottom, or the contact sheet metal member is the bottom.” This limitation renders the claim indefinite because scenarios 2 and 3 recite “the contact sheet metal member” which claims antecedent basis to a structure recited in scenario 1 and, thus, is unclear whether scenarios 2 and 3 require the structure of scenario 1. If the alternate scenarios do require scenario 1, then the alternate scenarios would not be optional rendering the claim indefinite. Claim 6 recites the limitation “at least one of: the bottom has at least one bead, the at least one bead is elongated, or the at least one bead occurs on the internal side of the bottom as a depression and on the external side of the bottom as an elevation.”. This limitation renders the claim indefinite because scenarios 2 and 3 recite “the at least one bead” which claims antecedent basis to a structure recited in scenario 1 and, thus, is unclear whether scenarios 2 and 3 require the structure of scenario 1 and therefore not optional. If the alternate scenarios do require scenario 1, then the alternate scenarios would not be optional rendering the claim indefinite. Claim 7 recites the limitation “at least one of: the contact segment comprises a ring-shaped region around the aperture, or the contact segment comprises at least one further region configured to be bent, the at least one further region extending from the ring-shaped region.”. This limitation renders the claim indefinite because scenario 2 recites “the ring-shaped region” which claims antecedent basis to a structure recited in scenario 1 and, thus, is unclear whether scenario 2 requires the structure of scenario 1 and therefore not optional. If the alternate scenarios do require scenario 1, then the alternate scenarios would not be optional rendering the claim indefinite. Further, dependent claims 2-8 are rendered indefinite due to their dependency on any of the indefinite claims as set forth above. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 recites the limitation “the contact sheet metal member is the bottom” which conflicts with claim 1 reciting “a first part of the fixing segment is formed as a bottom”. The limitation recited in claim 4 fails to further limit the subject matter of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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) 1-2, 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng et al. (US 2021/0280835A1). Regarding claim 1, Peng discloses an electrochemical energy storage element (button cell, see Title, Abstract, Fig. 1-18), comprising: an electrode-separator assembly comprising a current collector (cell 1 [0072]); and a housing enclosing the electrode-separator assembly (housing assembly 2 [0072]), the housing comprising a closure assembly, the closure assembly comprising: a first sheet metal part comprising a first side, an opposite second side, and an aperture (housing 21 provided with a through hole, made of metal [0072]), a second sheet metal part comprising a contact segment extending on the first side of the first sheet metal part, a fixing segment extending on the second side of the first sheet metal part, and a tubular feedthrough connecting the connecting the contact segment and the fixing segment through the aperture (conductive nail 22a penetrated in the through hole, conductive nail 22a is provided with a sheet part or a flanging at both ends outside the through hole [0090], columnar part 22a2 [0113]), and an electrically insulating seal disposed between the first sheet metal part and the second sheet metal part (insulating rubber ring 221 provided with the conductive nail 22a and the through hole [0092]), wherein a first part of the fixing segment is formed as a bottom that closes the tubular feedthrough on the second side of the first sheet metal part, the bottom comprising an internal side and an external side, the internal side directed in a direction of the feedthrough and the external side directed in an opposite direction (conductive nail 22a is provided with a sheet part or a flanging at both ends outside the through hole [0090]; Fig. 1 shows a bottom sheet part/flanging), wherein a second part of the fixing segment is formed as a projection configured to provide a form-fitting fixation of the tubular feedthrough in the aperture (conductive nail 22a is provided with a sheet part or a flanging at both ends outside the through hole [0090]; Fig. 1 shows a bottom sheet part/flanging), wherein the first side of the first metal sheet part and the contact segment delimit a first gap (insulating rubber ring 221 provided with the conductive nail 22a and the through hole [0092], Fig. 1 shows insulating rubber ring 221 occupying a gap between the housing 21 and conductive nail 22a), wherein the second side of the first metal sheet and the projection delimit a second gap (insulating rubber ring 221 provided with the conductive nail 22a and the through hole [0092], Fig. 1 shows insulating rubber ring 221 occupying a gap between the housing 21 and conductive nail 22a), wherein the electrically insulating seal fills the first gap and the second gap to separate the first and second sides in a gas- and/or liquid-tight manner (insulating rubber ring 221 provided with the conductive nail 22a and the through hole [0092], Fig. 1 shows insulating rubber ring 221 occupying a gap between the housing 21 and conductive nail 22a), and wherein the electrode-separator assembly is connected to the external side of the bottom by: a weld formed directly between the current collector and the external side of the bottom, or a weld formed directly between the current collector and a current conductor that is welded directly to the external side of the bottom (weld sheet part of conductive nail with second tab 12 [0113]). Regarding claim 2, Peng discloses all of the claim limitations as set forth above. Peng further discloses the housing further comprises a metallic housing part that comprises: a housing bottom a circumferential side wall or several side walls, and a terminal opening (housing 21 has a holding cavity and a through hole [0072], Fig. 1), and wherein the closure assembly closes the terminal opening of the metal housing part (conductive nail 22a penetrated in the through hole, conductive nail 22a is provided with a sheet part or a flanging at both ends outside the through hole [0090], columnar part 22a2 [0113]). Regarding claim 6, Peng discloses all of the claim limitations as set forth above. Peng further discloses at least one of: the bottom has at least one bead (weld sheet part of conductive nail with second tab 12 [0113], i.e., bead), the at least one bead is elongated, or the at least one bead occurs on the internal side of the bottom as a depression and on the external side of the bottom as an elevation. Regarding claim 7, Peng discloses all of the claim limitations as set forth above. Peng further discloses at least one of: the contact segment comprises a ring-shaped region around the aperture (circular [017]), or the contact segment comprises at least one further region configured to be bent, the at least one further region extending from the ring-shaped region. Regarding claim 8, Peng discloses all of the claim limitations as set forth above. Peng further discloses the tubular feedthrough has an elongated form (columnar part 22a2 [0113], Fig. 1). Claim Rejections - 35 USC § 103 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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (US 2021/0280835A1), as applied to claims 1-2, 6-8 above, in view of Lee (US 2006/0024572A1). Regarding claim 3, Peng discloses all of the claim limitations as set forth above. Peng further discloses the electrode-separator assembly comprises: wherein the electrode separator assembly forms a firsts terminal end face and a second terminal end face, wherein the first edge of the anode current collector protrudes from the first terminal end face and the first edge of the cathode current collector protrudes from the second terminal end face, and wherein the first edge of the anode current collector or the first edge of the cathode current collector is welded directly to the external side of the bottom (electrically connecting the one conductive part with one of the first tab and the second tab, and electrically connecting the housing with the other one of the first tab and the second tab [0020], Fig. 1). However, Peng does not disclose an anode comprising an anode current collector comprising a first edge, a second edge parallel to the first edge, a main region loaded with a layer of negative electrode material, and a free edge strip not loaded with the negative electrode material extending along the first edge, a cathode comprising a cathode current collector comprising a first edge, a second edge parallel to the first edge, a main region loaded with a layer of positive electrode material, and a free edge strip not loaded with the positive electrode material extending along the first edge. Lee discloses a secondary battery comprising an electrode assembly having a jellyroll configuration, wherein the positive electrode and the negative electrode have uncoated regions formed along the edges of the collectors with a respective positive collector plate or negative collector plate welded to the respective positive or negative uncoated regions ([0041]-[0048], Fig. 1-2). Lee further discloses achieving a larger contact area that is stably maintained ([0052]). Peng and Lee are analogous art because they are concerned with the same field of endeavor, namely electrical connections in batteries. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Peng by incorporating an electrode assembly including uncoated regions along the edges of current collectors to be welded to a respective positive and negative collector plate because Lee teaches improved electrical contact. Regarding claim 4, modified Peng discloses all of the claim limitations as set forth above. Lee further discloses at least one of: the energy storage element further comprises a contact sheet metal member directly seated on the first edge of the anode current collector or on the first edge of the cathode current collector, the contact sheet metal member is the current conductor that is welded to the external side of the bottom, or the contact sheet metal member is the bottom (respective positive collector plate or negative collector plate welded to the respective positive or negative uncoated regions [0041]-[0048], Fig. 1-2). Regarding claim 5, modified Peng discloses all of the claim limitations as set forth above. Peng further discloses the first edge of the anode current collector or the cathode current collector, which is not welded to the external side of the bottom, is electrically connected to the housing bottom (the conductive part may be configured to electrically connect with the first tab and the housing may be electrically connected with the second tab [0074], Fig. 1). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 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, 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. /James Lee/Primary Examiner, Art Unit 1725 7/30/2026
Read full office action

Prosecution Timeline

Apr 24, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
94%
With Interview (+19.5%)
3y 2m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 730 resolved cases by this examiner. Grant probability derived from career allowance rate.

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