`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WWW.USPLO.gOV
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`IP GROUP OF DLA PIPER LLP (US)
`ONE LIBERTY PLACE
`1650 MARKETST, SUITE 5000
`PHILADELPHIA,PA 19103
`
`KEKIA, OMAR M
`
`1722
`DATE MAILED: 10/25/2019
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATIONNO.
`
`PCG-11-1429DIV
`Winfried Gaugler
`02/15/2017
`15/433.654
`TITLE OF INVENTION: BUTTON CELL HAVING WINDING ELECTRODE AND METHOD FOR THE PRODUCTION THEREOF
`
`6087
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`01/27/2020
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITSIS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROMISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THEISSUE FEE AND PUBLICATIONFEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE MAILING
`
`DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD
`CANNOTBE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION. IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN
`THIS APPLICATION(AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST
`TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THEISSUE FEE NOW DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shownabove.If the ENTITY STATUSis shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shownabove.
`
`If the ENTITY STATUS is changed from that shown above, on PARTB - FEE(S) TRANSMITTAL, complete section number5 titled
`"Change in Entity Status (from status indicated above)”.
`
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`Il. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occurdueto the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`I. All communications regarding this application must give the application number.Please direct all communicationsprior to issuance to Mail
`Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER:Maintenancefees are duein utility patents issuing on applications filed on or after Dec. 12, 1980.
`It is patentee's responsibility to ensure timely payment of maintenance fees when due. More informationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`Page 1 of 3
`
`PTOL-85 (Rev. 02/11)
`
`VARTA Ex. 2037 Page 1 of 20
`EVE Energy v. VARTA
`IPR2022-01484
`
`VARTA Ex. 2037 Page 1 of 20
`EVE Energy v. VARTA
`IPR2022-01484
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`By tax, send to:
`
`(571)-273-2885
`
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to:
`Mail Stop ISSUE FEE
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`INSTRUCTIONS: This form should be usedfor transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks | through 5 should be completed where appropriate. All
`further correspondenceincluding the Patent, advanceorders and notification of maintenancefees will be mailedto the current correspondence addressas indicated unless corrected
`below or dirccted othcrwisc in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS"for maintenance fec notifications.
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its owncertificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby cerlify that this Fee(s) Transmittal is being deposiled with the Uniled
`Stales Postal Service with sufficient postage for first class mail in an envelope
`addressed lo the Mail Stop ISSUE FEE address above, or being transmilled to
`the USPTO via EFS-Webor by facsimile to (571) 273-2885, on the date below.
`ped or printed nae)
`(Signature)
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any change of address)
`
`10/25/2019
`7590
`35811
`IP GROUP OF DLAPIPER LLP (US)
`ONE LIBERTY PLACE
`1650 MARKETST, SUITE 5000
`PHILADELPHIA,PA 19103
`
`(Datei
`
` APPLICATION NO.
`
`PCG-11-1429DIV
`Winfried Gaugler
`02/15/2017
`15/433,654
`TITLE OF INVENTION: BUTTON CELL HAVING WINDING ELECTRODE AND METHOD FOR THE PRODUCTION THEREOF
`
`6087
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`01/27/2020
`
` EXAMINER
`
`KEKIA, OMAR M
`
`1722
`
`425-094000
`
`ARTUNIT
`
`CLASS-SUBCLASS
`
`1. Change of correspondence addressor indication of "Fee Address" (37
`CFR 1.363).
`
`| Changeof correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`
` (I “Fee Address”indication (or "Fee Address" Indication form PTO/
`
`
`
`2. For printing on the patent front page,list
`(1) The namesof up to 3 registered patent attorneys
`or agents OR,alternatively, Vo
`(2) The nameof a single firm (having as a member a
`wo
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If no nameis
`listed, no name will be printed.
`
`Ga
`
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor lype)
`PLEASE NOTE:Unless an assignee is identified below, no assignee dala will appear onthe patent. If an assigneeis identified below, the document must have been previously
`recorded, or filed for recordation, as sel forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`
`
`Please check the appropriate assignee category or categories (will not he printed on the patent) : Individual LI Corporation or other private group entity I Government
`4a. Fees submitted:
`(lissue Fee
`(lpublication Fee (if required)
`(J Advance Order- # of Copies
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`(LJ Electronic Payment via EFS-Web
`(LI Enclosed check
`(I Non-electronic paymentby credit card (Attach form PTO-2038)
`I The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`5. Change in Entity Status (from status indicated above)
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`| Applicant certifying micro entity status. See 37 CFR 1.29
`fee paymentin the micro entity amountwill not be acceptedatthe risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`| Applicant asserting small entity status. See 37 CFR 1.27
`to be a notification of loss of entitlement to micro entity status.
`
`NOTE:Checking this box will be taken to be a notification of loss of entitlement to small or micro
`| Applicant changing to regular undiscounted fee status.
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`Authorized Signature
`
`Typedor printed name
`
`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB0651-0033
`
`USS. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`VARTA Ex. 2037 Page 2 of 20
`
`VARTA Ex. 2037 Page 2 of 20
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WWW.USPLO.gOV
`
`
`
`15/433.654
`
`02/15/2017
`
`Winfried Gaugler
`
`PCG-11-1429DIV
`
`6087
`
`35811
`
`7590
`
`10/25/2019
`
`TP GROUP OF DLA PIPER LLP (US)
`ONE LIBERTY PLACE
`
`PHILADELPHIA, PA 19103
`
`KEKIA, OMAR M
`
`1722
`DATE MAILED: 10/25/2019
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)() to eliminate the requirement
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`to the issue date of the patent, and will include the patent term adjustment on the patent. Any request for reconsideration
`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`VARTA Ex. 2037 Page 3 of 20
`
`VARTA Ex. 2037 Page 3 of 20
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA)of 1995 requires Federal agencies to obtain Office of Management and Budget
`approval before requesting most types of information from the public. When OMB approvesan agency request to
`collect information from the public, OMB (i) provides a valid OMB Control Number and expiration date for the
`agencyto display on the instrumentthat will be used to collect the information and (ii) requires the agency to inform
`the public about the OMB Control Number’s legal significance in accordance with 5 CFR 1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public whichis to file (and by the USPTO to process) an application. Contidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 30 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Timewill vary depending upon
`the individual case. Any comments on the amountof time you require to complete this form and/or suggestions
`for reducing this burden, should be sent to the Chicf Information Officer, U.S. Patent and Trademark Office,
`U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P-O. Box 1450, Alexandria,
`Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to respond to acollection
`of information unlessit displays a valid OMB control number.
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached formrelated to a patent application or patent. Accordingly, pursuant to the requirements
`of the Act, please he advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)
`(2); 2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information
`is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent
`application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not
`be able to process and/or examine your submission, which mayresult in termination of proceedings or abandonment
`of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedomof Information Act.
`
`N
`
`A record from this system of records may be disclosed,as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting
`a request involving an individual, to whom the record pertains, when the individual has requested assistance
`from the Member with respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to comply
`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine usc, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. Arecord in this system of records maybe disclosed, as a routine use, to another federal agency for purposes of
`National Security review(35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
`
`7. Arecord from this system of records may be disclosed,as a routine use, to the Administrator, General Services,
`or his/her designee, during an inspection of records conducted by GSAaspart of that agency's responsibility
`to recommend improvements in records managementpractices and programs, under authority of 44 U.S.C.
`2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection
`of records for this purpose, and any other relevant (1-e., GSA or Commerce) directive. Such disclosure shall
`not be used to make determinations aboutindividuals.
`
`8. Arecord fromthis system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b) or issuanceof a patent pursuantto 35 U.S.C. 151. Further, a record
`maybe disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record wasfiled
`in an application which became abandonedor in which the proceedings were terminated and which application
`is referenced by cither a published application, an application open to public inspection or an issucd patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`VARTA Ex. 2037 Page 4 of 20
`
`VARTA Ex. 2037 Page 4 of 20
`
`

`

`.
`
`pe
`
`15/433, 654
`
`OMAR M KEKIA
`
`Gaugler, Winfried
`
`1722
`
`No
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence adaress--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawalfrom issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`[¥] This communication is responsive to Applicant's after-final responsefiled 08/26/2019.
`(1) A declaration(sVaffidavit(s) under 37 CFR 1.130(b) was/werefiled on
`:
`
`CJ An election was made by the applicantin responseto a restriction requirementset forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`the
`
` ] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`Primary Examiner, Art Unit 1722
`
`[¥] The allowed claim(s) is/are 7-8 and 12-27 . As a result of the allowed claim(s), you maybe eligible to benefit from the Patent
`Prosecution Highway program ata participating intellectual property office for the corresponding application. For more information
`, please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Certified copies:
`a) IAlI b)({J]Some=*c) () None ofthe:
`
`1. (4 Certified copies of the priority documents have been received.
`2.
`Certified copies of the priority documents have been received in Application No. 13/378,117 .
`3. (J Copiesof the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTHPERIODIS NOT EXTENDABLE.
`
`5/1 CORRECTED DRAWINGS (as"replacement sheets") must be submitted.
`(J including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.) DEPOSIT OF and/or INFORMATIONabout the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`5. 0 Examiner's Amendment/Comment
`1.0 Notice of References Cited (PTO-892)
`
`2.C Information Disclosure Statements (PTO/SB/08), 6.l¥iExaminer's Statement of Reasons for Allowance
`Paper No./Mail Date
`
`3.2 Examiner's Comment Regarding Requirementfor Deposit 7.\¥}Other PTO-2323 After-Final Decision Form.
`of Biological Material
`4.C Interview Summary (PTO-413),
`Paper No./Mail Date.
`.
`(JONATHAN G JELSMA/
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`.
`Part of Paper No./Mail Date 20190930
`
`VARTA Ex. 2037 Page 5 of 20
`
`VARTA Ex. 2037 Page 5 of 20
`
`

`

`Application/Control Number: 15/433,654
`Art Unit: 1722
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application is being examined underthe pre-AIAfirst to invent provisions.
`
`DETAILED ACTION
`
`2.
`
`This Office Action regarding Application Ser. No. 15/433,654 filed 02/15/2017 is in
`
`response to Applicant’s after-final responsefiled 08/26/2019. Applicant’s response has been given
`
`full consideration.
`
`3.
`
`4,
`
`Claims7-8, 12-27 are currently pending on this application
`
`This application is in condition for allowance.
`
`5.
`
`Claims7-8, 12-27 are allowed overprior art of record.
`
`Allowed Claims
`
`Reason for Allowance
`
`The following is an examiner’s statement of allowance.
`
`The instant invention is directed towards a rechargeable button cell comprising a metal
`
`6.
`
`7.
`
`housing including twoparallel halves, a bottom planar top region and a top planar region separated
`
`by an insulation seal, the two halves having a height-to-diameter ratio of less than one; an electrode
`
`separator assembly comprising a positive and a negative electrodes disposed inside the housing,
`
`the electrode assembly is in a winding form and having a central located axis and an open cavity
`
`extended alongthe intcrior of the winding includes no winding core; two metal foils functioning
`
`as conductors connecting the positive and negative electrodes to the two housing halve, and an
`
`insulator disposed to prevent the contact between the foil conductors and an adjacent one of the
`
`end sides of the electrode assembly, wherein the button cell is configured as a secondary lithium
`
`ion cell.
`
`VARTA Ex. 2037 Page6 of 20
`
`VARTA Ex. 2037 Page 6 of 20
`
`

`

`Application/Control Number: 15/433,654
`Art Unit: 1722
`
`Page 3
`
`8.
`
`The closest prior art of record is considered to be Kobayashi (JP2007-294111(A)) and
`
`Higuchi et al. (JP2009-262825).
`
`9.
`
`Kobayashi discloses a button lithium-ion battery comprising a metal container having two
`
`halves having a planar bottom region and a planar top region with an insulator disposed between
`
`them; an electrode separator assembly comprising a positive electrode and a negative electrode in
`
`the form of a winding; two electrode terminal plates. Kobayashi does not disclose the ratio of the
`
`height-to-diameter of the housing is less than one. Kobayashi also does not teach the winding of
`
`the electrode separator assembly have a centrally located axis and an open cavity extending along
`
`the axis interiorly of the winding;
`
`10.
`
`Higuchi discloses a coin secondary battery cell having two metal haves having a plane
`
`bottom region and a plane top region parallel to each other and forming a housing; an electrode
`
`assembly winding comprising at its center a cylindrical axial cavily. Higuchi, however, does not
`
`disclose the two halves are insulated by a seal disposed between them and the two halves of the
`
`housing have the same polarity and both are in electrical contact with either of the positive
`
`electrode or negative clectrode. Higuchi docs not disclosethe ratio of the height-to-diameter of the
`
`housing is less than one. Higuchi also does not teach the metal foils functioning as electrical
`
`connecting the two electrodes to the two halves of the housing.
`
`11.
`
`The pertinent reference of the prior art of record, singly or combined, fail to teach all the
`
`limitations of the claimed invention. New search of the prior art was conducted but failed to
`
`produce any newprior art that anticipates or renders obvious the claimed invention. Therefore,
`
`Claims 7-8, 12-27 are allowed overthe prior art of record.
`
`12.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`paymentofthe issue [ee and, to avoid processing delays, should preferably accompanythe issue
`
`VARTA Ex. 2037 Page 7 of 20
`
`VARTA Ex. 2037 Page 7 of 20
`
`

`

`Application/Control Number: 15/433,654
`Art Unit: 1722
`
`Page 4
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Conclusion
`
`13.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to OMAR M KEKIA whosctelephone numberis (571)270-5918. The examiner
`
`can normally be reached on 9:00am-5:00 pm.
`
`14.
`
`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.
`
`15.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`CYNTHIA KELLYcan be reached on 571-272-1526. The fax phone numberfor the organization
`
`where this application or proceeding is assigned is 571-273-8300.
`
`16.
`
`Information regarding the status of an application may be obtained from the Patent
`
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`VARTA Ex. 2037 Page8 of 20
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`

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`Application/Control Number: 15/433,654
`Art Unit: 1722
`
`JONATHAN G JELSMA/
`Primary Examiner, Art Unit 1722
`
`/OMARM KEKIA/
`Examiner, Art Unit 1722
`
`Page 5
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Customer No.: 035811
`
`Art Unit
`Examiner
`Serial No.
`Filed
`Inventor
`Title
`
`: 1722
`: Omar M. Kekia
`: 15/433,654
`: February 15, 2017
`: Winfried Gaugler
`: BUTTON CELL HAVING WINDING
`: ELECTRODE AND METHOD FOR
`: THE PRODUCTION THEREOF
`Dated: August 26, 2019
`
`
`Docket No.: PCG-11-1429DIV
`
`Confirmation No.: 6087
`
`SUPPLEMENTAL RESPONSE
`
`Mail Stop AF
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`This is submitted in response to the Official Action dated May 24, 2019, the Advisory
`
`Action dated August 5, 2019, and supplementalto the Responsefiled June 25, 2019.
`
`EAST\168909426.1
`
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`
`
`In the Claims
`
`(Cancelled)
`1.-6.
`(Previously Presented) A rechargeable button cell comprising:
`7.
`a housing including metal housing halves separated from one another by an electrically
`insulating injection-molded seal or film seal, one of the housing halves including a planar
`bottom region and another housing half including a planar top region substantially parallel to
`the planar bottom region, the housing having a height-to-diameter ratio of less than one;
`an electrode separator assembly comprising a positive electrode and a negative
`electrode disposed inside the housing, wherein the electrode separator assembly is in the form
`of a winding, end sides of the winding respectively facing in directions of the planar bottom
`region and the planar top region such that layers of the electrode separator assembly are
`oriented essentially orthogonally to the planar bottom region and the planar top region of the
`housing,
`the winding having a substantially centrally located axis and an open cavity
`extending along the axis interiorly of the winding, the open cavity having axially spaced
`opposite ends, the planar top and bottom regions of the housing each having a subregion, each
`subregion disposed both radially and axially adjacent one of the ends of the open cavity, the
`positive electrode and the negative electrode each including a current collector in the form of a
`metal foil or a metal mesh coated on both sides with active electrode material, and each of the
`current collectors comprises an uncoated section,
`two metal foils functioning as conductors and electrically connecting the positive and
`the negative electrode to the housing halves, wherein both metal foils bear flat on an inner
`surface of the planar bottom region or the planar top region, one of the metal foils is attached
`by a weld to one of the uncoated sections and one of the planar bottom and top regions,
`anotheroneof the metalfoils is attached by a weld to another one of the uncoated sections and
`to another oneof the planar bottom andtop regions; and
`at least one insulator disposed to prevent direct electrical contact between one of the
`metal foil conductors and an adjacentoneofthe end sides ofthe electrode separator assembly,
`wherein the button cell is configured as a secondary lithium ion cell, and the open
`
`cavity includes no windingcore.
`
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`

`

`further
`The button cell according to claim 7,
`(Previously Presented)
`8.
`comprising an insulating tape adhesively bonded to a side of the one of the metal foil
`
`conductors.
`
`(Cancelled)
`9.-11.
`(Previously Presented) The button cell according to claim 7, wherein the metal
`12.
`foil connected to the planar bottom region is connected to the bottom region by one or more
`spot-shaped and/orlinear welded connections.
`13.
`(Previously Presented) The button cell according to claim 12, wherein the
`welded connection is disposed at the subregion of the planar bottom region.
`14.
`(Previously Presented) The button cell according to claim 7, wherein the metal
`foil connected to the planar top region is connected to the top region by one or more spot-
`shaped and/or linear welded connections.
`15.
`(Previously Presented) The button cell according to claim 12, wherein the
`welded connectionis disposedat the subregion of the planar top region.
`16.
`(Previously Presented) The button cell according to claim 7, wherein the metal
`foil connected to the planar bottom region is aligned axially at a 90° angle to the winding
`direction and folded down by 90°to bearflat on an end side of the winding.
`17.
`(Previously Presented) The button cell according to claim 7, wherein the metal
`foil connected to the planartop region is aligned axially at a 90° angle to the winding direction
`and folded down by 90° to bearflat on an end side of the winding.
`18.
`(Previously Presented) The button cell according to claim 7, wherein an outer
`side of the windingis protected by an insulating film.
`19.
`(Currently Amended) A rechargeable button cell comprising:
`a housing including metal housing halves separated from one another by an electrically
`insulating injection-molded seal or film seal, one of the housing halves including a planar
`bottom region and another housing half including a planar top region substantially parallel to
`the planar bottom region, the housing havinga height-to-diameterratio of less than one,
`an electrode separator assembly comprising a positive clectrode and a negative
`electrode disposed inside the housing, wherein the electrode separator assembly is in the form
`of a winding, end sides of the winding respectively facing in directions of the planar bottom
`region and the planar top region such that layers of the electrode separator assembly are
`
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`
`
`oriented essentially orthogonally to the planar bottom region and the planar top region of the
`housing,
`the winding having a substantially centrally located axis and an open cavity
`extending along the axis interiorly of the winding, the open cavity having axially spaced
`opposite ends, the planar top and bottom regions of the housing each having a subregion, each
`subregion disposed both radially and axially adjacent one of the ends of the open cavity, the
`positive electrode and the negative electrode each including a current collector in the form of a
`metal foil or a metal mesh coated on both sides with active electrode material, and each of the
`current collectors comprises an uncoated section,
`two metal foils functioning as conductors andelectrically connecting the positive and
`the negative electrode to the housing halves, wherein both metal foils bear flat on an inner
`surface of the planar bottom region or the planar top region, one of the metal foils is attached
`by a weld to one of the uncoated sections and one of the planar bottom and top regions,
`another one ofthe metalfoils is attached by a weld to another one of the uncoated sections and
`to another one ofthe planar bottom and top regions; and
`at least one insulator disposed to prevent direct electrical contact between one of the
`metal foil conductors and an adjacent oneofthe end sides ofthe electrode separator assembly,
`wherein the button cell is configured as a secondary lithium ion cell, and the open
`cavity is defined at an outer lateral extent thereof by an inner region of the winding, the open
`cavity being laterally unobstructed by a winding core:and
`the metal foils have a thickness of 5 um to 100 um.
`further
`20.
`(Previously Presented)
`The button cell according to claim 19,
`comprising an insulating