Prosecution Insights
Last updated: April 19, 2026
Application No. 17/440,423

Battery Module and Battery Pack Including the Same

Final Rejection §102§103§112
Filed
Sep 17, 2021
Examiner
GARCIA, BETHANY CLAIRE
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution, Ltd.
OA Round
4 (Final)
65%
Grant Probability
Moderate
5-6
OA Rounds
3y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
55 granted / 85 resolved
At TC average
Strong +36% interview lift
Without
With
+36.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
43 currently pending
Career history
128
Total Applications
across all art units

Statute-Specific Performance

§103
55.5%
+15.5% vs TC avg
§102
19.8%
-20.2% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 85 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 . Response to Arguments Applicant's arguments filed 10/17/2025 have been fully considered and are persuasive. Applicant argues the art of record does not teach or suggest the new Claim 1 limitation “wherein a first cut-out part is formed at each of four corners of the upper plate.” Examiner agrees with Applicant. After an updated search and consideration, Examiner has found Kim et al., US 20170125753 A1 (new reference, see enclosed PTO-892) discloses a battery module comprising a first cut-out part formed at four corners of an upper plate. Kim also discloses the limitations of new Claim 21. See updated action below. 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 15-17 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 15 recites “a first stepped portion is formed between an upper end part of the insulating cover in the Z-axis direction and an upper end part of the end plates” on lines 3-5 of the claim. This definition of “a first stepped portion” is consistent with the battery module embodiment in [0070] of the published application US 20220158290 A1 and instant Figs. 9 and 10 (see first stepped portion 160, end plate 150, and insulating cover 140): PNG media_image1.png 464 558 media_image1.png Greyscale However, Claim 6 (from which Claim 15 depends) already recites “a first stepped portion” as “each of the end plates has a first stepped portion formed at an upper end part.” This definition of “a first stepped portion” is consistent with the battery module embodiment in [0061-0067] of the instant application and instant Figs. 2, 3, and 7 (see first stepped portion 160 and end plate 150). This embodiment does not comprise an insulating cover 140: PNG media_image2.png 468 564 media_image2.png Greyscale Although it is possible for the first stepped portions of Claims 6 and 15 to correspond to the same portion of the battery module (either claim could have the first stepped portion be an upper end part of the end plate 150, see Figs. 7 and 10), Claim 15 is not clear whether “a first stepped portion” is intended to refer to “the first stepped portion” of Claim 6, or if Claims 15-17 are intended to represent a separate embodiment of a first stepped portion. Please correct the antecedent basis issue in Claim 15, or amend the claims to distinguish between embodiments. To distinguish between embodiments, Examiner recommends the claims comprising the insulating cover (Claims 14-17) be amended to depend upon Claim 1 instead of Claim 6. Appropriate correction is required. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1, 4, and 18-21 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Kim et al., US 20170125753 A1 (see enclosed PTO-892). Regarding Claim 1, Kim discloses a battery module (battery module 1000 [0041], Figs. 1-2) comprising: a battery cell stack having a plurality of battery cells stacked in a stacking direction (unit cells 100 are adjacent to each other in a first direction [0043], Annotated Fig. 2), a module frame accommodating the battery cell stack and having an opened upper portion (side plate 400 supports and accommodates the unit cells 100 [0042], see “module frame” and “opened upper portion” in Annotated Fig. 2), an upper plate covering the battery cell stack on the upper portion of the module frame (side plate 400 supports and accommodates the unit cells 100 [0042], “see upper plate” in Annotated Fig. 2), a busbar frame connected to the battery cell stack (bus bar holder 600 [0042-0044], coupled to unit cells 100 via coupling inducement groove 650 [0090], Fig. 6; see “busbar frame” in Annotated Fig. 2), and end plates located on opposing sides of the battery cell stack along the stacking direction (pair of end plates 300 are disposed at opposite ends of the x-axis direction to support each of outermost unit cells 100 [0045-0046], see “end plates” in Annotated Fig. 2), wherein the module frame has a structure for opening the battery module along the stacking direction (Fig. 2), wherein the end plates cover a surface of the battery cell stack on opposing sides of the module frame (end plates and the side plates surround the side surface of the battery module [0030, 0045-0046], Figs. 1-2), wherein the module frame is a plate shaped structure (side plate 400 is “formed of a metal sheet of a thin plate” [0096]) bent to form a continuous U-shape defined by a bottom portion (base 411 and protruding portion 412 [0092-0095], Fig. 6; see “bottom portion” in Annotated Fig. 2) and two side surface portions facing each other (elastic portion 431 and flange 420 are both disclosed as “bent” portions [0082-0085, 0096-0103], Figs. 2 and 5-6; see “side surface portions” in Annotated Fig. 2), wherein the busbar frame is located between one of the two side surface portions and the battery cell stack (portion of bus bar holder 600 under coupling groove 640 and coupling portion 440 [0088-0089]), wherein the end plates are oriented along a width direction, the width direction being perpendicular to the stacking direction ([0025], Annotated Fig. 2): PNG media_image3.png 672 670 media_image3.png Greyscale Kim – Annotated Fig. 2 Although Kim does not clearly show each of the four corners of the upper plate in Figs. 1-2 (only two corners are fully visible in Fig. 2), each corner of the module frame is shown in Figs. 1 and 2 to have a “first cut-out part.” As Kim discloses the module frame (400) and upper plate (400) have the same structure (the two side plates 400 are “a pair” [0025]; “each of the side plates” have the same features [0017-0032, 0092-0103]), the first cut-out parts are also formed at each of four corners of the upper plate, thus meeting the limitation “wherein a first cut-out part is formed at each of four corners of the upper plate.” See Annotated Fig. 2: PNG media_image4.png 332 702 media_image4.png Greyscale Kim – Annotated Fig. 2 Regarding Claim 4, Kim discloses all limitations as set forth above. Kim discloses the battery module further comprises an insulating plate located between the busbar frame and a side surface portion of the module frame (body 622 of bracket 620 [0077-0084], Annotated Fig. 5) The “insulating” limitation is met by Kim disclosing the bracket 620 may be “formed of a synthetic resin material” ([0026, 0077]). PNG media_image5.png 390 626 media_image5.png Greyscale Kim – Annotated Fig. 5 Regarding Claim 18, Kim discloses all limitations as set forth above. Kim discloses the end plates are formed of a metal material (end plate 300 can be formed of a metal material [0045-0046]). Regarding Claim 19, Kim discloses all limitations as set forth above. Kim discloses a plurality of battery modules may be assembled to form a battery pack ([0006]). Regarding Claim 20, Kim discloses all limitations as set forth above. Kim discloses each of the opposing sides of the module frame define an opening (opposing sides 440 and 420 define an opening for battery cells 100; see Claim 1 for “Opened Upper Portion” in Annotated Fig. 2). Regarding Claim 21, Kim discloses all limitations as set forth above. Kim discloses module mounting portions of each of the end plates (end plates 300; see “module mounting portions” in Annotated Fig. 2) are accessible through respective ones of the first cut-out parts (Annotated Fig. 1). PNG media_image6.png 390 566 media_image6.png Greyscale Kim – Annotated Fig. 2 PNG media_image7.png 554 874 media_image7.png Greyscale Kim – Annotated Fig. 1 Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 5-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to Claim 1 above, and further in view of Yu et al., CN 208955070 U (English equivalent US 20200161606 A1 used for citations; reference cited on previous action). Regarding Claims 5 and 6, Kim discloses all limitations as set forth above. Although Kim discloses an upper plate (400), Kim does not disclose a first hooking portion protruding downward on both sides of the upper plate (Claim 5). Kim also does not disclose each of the end plates (300) has a first stepped portion formed at an upper end part, and the first hooking portion is hooked to the first stepped portion (Claim 6). However, these limitations are taught by Yu. Yu teaches a battery module comprising an upper plate having a first hooking portion protruding downward (top plate 4 includes two top plate sides 42 [0077], Figs. 2-4). Yu also teaches an end plate (side plates 3 [0065-0077]) has a first stepped portion formed at an upper end part (step-shaped segment 312 [0077], Fig. 4), and the first hooking portion is hooked and welded to the first stepped portion (each of the top plate side 42 overlaps the step-shaped segment 312 on a side of a corresponding side plate 3 [0077], Figs. 4-7). Yu teaches the first hooking portion (42) and first stepped portion (312) compactly engage with each other to improve the energy density in the battery module, while also providing a buffer to prevent heat transfer to the battery cells during welding ([0077]). Examiner notes Kim discloses welding the upper plate to each of the end plates (Kim, [0049]). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a first hooking portion protruding downward on both sides of the upper plate, and have the first hooking portion be hooked to a first stepped portion of each of the end plates, as taught by Yu, in the battery module of Kim, in order to secure the upper plate and end plates in a compact manner while minimizing heat transfer during welding. PNG media_image8.png 356 372 media_image8.png Greyscale PNG media_image9.png 414 756 media_image9.png Greyscale Yu – Fig. 4 (left) and Modified Kim (right) Regarding Claims 7, 8, and 10, modified Kim discloses all limitations as set forth above. Modified Kim does not disclose a second hooking portion protruding upward is formed on both sides of a bottom portion of the module frame (Claim 7); a second stepped portion is formed at a lower end part of each of the end plates, and the second hooking portion is hooked to the second stepped portion (Claim 8); and also does not disclose each of the end plates has a module mounting portion formed on both outer edges of the first stepped portion (Claim 10). However, these limitations are also taught by Yu. Yu teaches a battery module comprising a second hooking portion protruding upward on both sides of a bottom portion of the module frame (two bottom plate sides 52 [0077], Fig. 2); a second stepped portion is formed at a lower end part of each of the end plates (step-shaped segment 312 on both plates [0065-0067, 0077], Figs. 2-7); the second hooking portion is hooked to the second stepped portion (bottom plate sides 52 overlaps the step-shaped segment 312 on the other side of the corresponding side plate 3 [0077], Figs. 3 and 7); and the outer edges of the first stepped portion have a module mounting portion (“module mounting portion” is surface of 312 in contact with 52, Annotated Fig. 4). Yu teaches the second hooking portion (52) and second stepped portion (312) compactly engage with each other to improve the energy density in the battery module, while also providing a buffer to prevent heat transfer to the battery cells during welding ([0077]). Examiner notes Kim discloses welding the module frame to each of the end plates (Kim, [0049]). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a second hooking portion protruding upward on both sides of a bottom portion of the module frame, and a second stepped portion at a lower end part of each of the end plates, wherein the second hooking portion is hooked to the second stepped portion, and the outer edges of the first stepped portion have a module mounting portion, as taught by Yu, in the battery module of modified Kim, in order to secure the module frame and end plates in a compact manner while minimizing heat transfer during welding. PNG media_image10.png 476 449 media_image10.png Greyscale PNG media_image11.png 454 598 media_image11.png Greyscale Yu – Annotated Fig. 7 (left) and Annotated Fig. 4 (right; represents interface of 52/312 [0077]) PNG media_image12.png 450 686 media_image12.png Greyscale Modified Kim Regarding Claim 9, modified Kim discloses all limitations as set forth above. Modified Kim discloses the first stepped portion and the second stepped portion form a groove structure at each of the upper end part and the lower end part of each of the end plates (see Examiner’s Annotations to Yu Fig. 7). PNG media_image13.png 477 445 media_image13.png Greyscale Yu – Annotated Fig. 7 Regarding Claim 11, modified Kim discloses all limitations as set forth above. Modified Kim discloses the first cut-out part is formed in the upper plate to correspond to the module mounting portion (first cut-out parts are at the edge of the module mounting portion, see Annotated Fig. 1, and an upper end part of the module mounting portion is accessible through the first cut-out part (see Kim Annotated Fig. 1). PNG media_image14.png 548 962 media_image14.png Greyscale Kim – Annotated Fig. 1 Regarding Claim 12, modified Kim discloses all limitations as set forth above. Modified Kim discloses a second cut-out portion is formed at the bottom portion of the module frame to correspond to the module mounting portion (second cut-out portions at the edge of the module mounting portion, see Annotated Fig. 1), and a lower end part of the module mounting portion is accessible through the second cut-out part (see Kim Annotated Fig. 1). PNG media_image15.png 640 874 media_image15.png Greyscale Kim – Annotated Fig. 1 Regarding Claim 13, modified Kim discloses all limitations as set forth above. Modified Kim does not disclose a compression pad located between the end plates and the battery cell stack. However, this limitation is also taught by Yu. Yu teaches a compression pad is located between the end plates and the battery cell stack (elastic cushion 8 is sandwiched between an outermost battery unit 6 and a corresponding side plate 3 in the width direction W [0084], Fig. 2). Yu teaches the compression pads provide the battery stack with a swelling space, which reduces deformation of the battery module ([0084]). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a compression pad between each end plate and the battery cell stack, in the battery module of modified Kim, as Yu teaches a compression pad provides a battery stack with a swelling space, thereby reducing deformation of the battery module. Regarding Claim 14, modified Kim discloses all limitations as set forth above. Modified Kim discloses an insulating cover located between the end plates and the battery cell stack (Kim, end support 310 can be formed of an electric insulator, and supports the unit cell 100 to electrically insulate the end plate 300 and the unit cell 100 [0045-0046]). Regarding Claim 15, modified Kim discloses all limitations as set forth above. Modified Kim discloses a width of the insulating cover (310) in a Z-axis direction, perpendicular to the stacking direction, is larger than a width of the end plates (300) in the Z-axis direction (Annotated Kim Fig. 1): PNG media_image16.png 410 884 media_image16.png Greyscale Kim – Annotated Fig. 1 Modified Kim also discloses a first stepped portion is formed between an upper end part of the insulating cover in the Z-axis direction and an upper end part of the end plates (Kim Annotated Fig. 1), and the first hooking portion is hooked to the first stepped portion (see Claim 6 for details regarding the first hooking portion). PNG media_image17.png 414 940 media_image17.png Greyscale Kim – Annotated Fig. 1 Regarding Claims 16 and 17, modified Kim discloses all limitations as set forth above. Modified Kim does not disclose a second hooking portion projecting upward is formed on both sides of a bottom portion of the module frame (Claim 16), and also does not disclose the second hooking portion is hooked to a second stepped portion (Claim 8). However, these limitations are also taught by Yu. Yu teaches a battery module comprising a second hooking portion projecting upward on both sides of a bottom portion of a module frame (two bottom plate sides 52 [0077], Fig. 2). Yu also teaches a second stepped portion is formed on each of the end plates (step-shaped segment 312 on both plates [0065-0067, 0077], Figs. 2-7), and the second hooking portion is hooked to the second stepped portion (bottom plate sides 52 overlaps the step-shaped segment 312 on the other side of the corresponding side plate 3 [0077], Figs. 3 and 7). Yu teaches the second hooking portion (52) and second stepped portion (312) compactly engage with each other to improve the energy density in the battery module, while also providing a buffer to prevent heat transfer to the battery cells during welding ([0077]). Examiner notes Kim discloses welding the module frame to each of the end plates (Kim, [0049]). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add a second hooking portion and a second stepped portion, wherein the second hooking portion is hooked to the second stepped portion, as taught by Yu, in the battery module of modified Kim, in order to secure the module frame and end plates in a compact manner while minimizing heat transfer during welding. PNG media_image10.png 476 449 media_image10.png Greyscale PNG media_image12.png 450 686 media_image12.png Greyscale Yu – Annotated Fig. 7 (left) and Modified Kim (right) The Claim 17 limitation “a second stepped portion is formed between a lower end part of the insulating cover in the Z-axis direction and a lower end part of the end plates, and the second hooking portion is hooked to the second stepped portion” is met with the structure of modified Kim: PNG media_image18.png 414 734 media_image18.png Greyscale Kim – Annotated Fig. 1 Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT. 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, Allison Bourke can be reached at 303-297-4684. 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. /BETHANY C GARCIA/Examiner, Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
Read full office action

Prosecution Timeline

Sep 17, 2021
Application Filed
Apr 04, 2024
Non-Final Rejection — §102, §103, §112
Jun 20, 2024
Examiner Interview Summary
Jun 20, 2024
Applicant Interview (Telephonic)
Jul 09, 2024
Response Filed
Sep 19, 2024
Final Rejection — §102, §103, §112
Dec 10, 2024
Applicant Interview (Telephonic)
Dec 10, 2024
Examiner Interview Summary
Dec 13, 2024
Response after Non-Final Action
Dec 20, 2024
Response after Non-Final Action
Jan 08, 2025
Request for Continued Examination
Jan 10, 2025
Response after Non-Final Action
Jul 15, 2025
Non-Final Rejection — §102, §103, §112
Sep 18, 2025
Examiner Interview Summary
Sep 18, 2025
Applicant Interview (Telephonic)
Oct 17, 2025
Response Filed
Jan 20, 2026
Final Rejection — §102, §103, §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

5-6
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+36.4%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 85 resolved cases by this examiner. Grant probability derived from career allow rate.

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