Prosecution Insights
Last updated: April 19, 2026
Application No. 17/778,767

BATTERY, BATTERY MODULE, BATTERY PACK, AND AUTOMOBILE

Non-Final OA §103
Filed
May 20, 2022
Examiner
GARCIA, BETHANY CLAIRE
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BYD Company Limited
OA Round
3 (Non-Final)
65%
Grant Probability
Moderate
3-4
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

§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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/10/2025 has been entered. Response to Arguments Applicant's Request for Continued Examination filed 11/10/2025 includes claim amendments and arguments corresponding to amended Claim 39. Applicant’s amended claims resolve each of the 35 USC 112(b) rejections set forth in the previous action. Applicant argues the art of record does not disclose all of the limitations of amended Claim 39. Examiner agrees the new limitations are not taught by the references. After an updated search and consideration, the claimed invention remains obvious, with Miura et al., JP 2012146531 A as a primary reference. 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 39-52 and 55-58 are rejected under 35 U.S.C. 103 as being unpatentable over Miura et al., JP 2012146531 A, and further in view of Amendola, US 20150010833 A1, and Yi, US 20110300437 A1. Regarding Claim 39, Miura discloses a battery (battery [0051-0054, 0154], Figs. 1-2), comprising: a housing and a plurality of accommodating cavities arranged in the housing (battery case 10 having six storage sections [0053-0055], Figs. 1-2), wherein the housing comprises an end cover located at an end of the housing along a first direction (“end side walls of the integrated battery case 10” [0055], Figs. 1-2); partition plates (partition walls 12 [0055]), wherein a side surface of each of the partition plates is attached to and fits with an interior side wall of the housing to divide an interior of the housing into the accommodating cavities (partition walls 12 divide module interior into six battery cases 13 [0054-0055], see Fig. 2 and [0021] for partition walls 12 integrally formed with case 10), two adjacent accommodating cavities are isolated from each other by each of the partition plates (adjacent battery cases 13 isolated by partition wall 12 and valve body 30 [0055, 0065]), and the partition plates are parallel to the end cover (Annotated Fig. 2); a plurality of electrode core assemblies, each arranged in an accommodating cavity of the accommodating cavities (each of these battery cases 13 contains, as power generating elements, a plate group 14 [0054]), wherein the plurality of electrode core assemblies are sequentially arranged along the first direction and connected in series (electrically connected in series [0055], see “First Direction” in Annotated Fig. 2), a connector penetrates each of the partition plates to connect tabs of two adjacent electrode core assemblies in the two adjacent accommodating cavities (connection protrusions 15A and 16A [0055], Fig. 2), and tabs of the electrode core assemblies are disposed on side surfaces of the electrode core assemblies facing the partition plates (lead portions 14a and 14b protrude from opposite sides of electrode plate group 14 [0055], Fig. 2); a gas guiding hole provided on each of the partition plates, configured to connect two adjacent accommodating cavities at both sides of a partition plate of the partition plates (communication hole 18 [0063-0064]). PNG media_image1.png 672 1106 media_image1.png Greyscale Miura – Annotated Fig. 2 Miura does not disclose the claimed “liquid guiding hole” configured to connect two adjacent accommodating cavities at both sides of a partition plate of the partition plates. However, these limitations are taught by Amendola et al. Amendola teaches a partition plate for a battery (frame 880 [0353-0359], Fig. 9B), wherein the “frame 880 may include an electrolyte distribution assembly 892 that may be integrally formed into the frame. The electrolyte distribution assembly may include a slot 894 that may allow electrolyte to flow to underlying cells” ([0354]). Amendola teaches the electrolyte distribution assembly provides electrolyte from a central fill point to several accommodating cavities on each side of the assembly, which helps maintain even electrolyte levels across the cells, and can also facilitate the removal of gas bubbles from the cells ([0447-0461], Figs. 10-11B). 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 liquid guiding hole to each partition plate, wherein the liquid guiding hole connects two adjacent accommodating cavities, in the battery of Miura, as Amendola teaches this configuration is effective at centrally distributing and managing electrolyte levels for multiple cells. PNG media_image2.png 526 886 media_image2.png Greyscale Amendola – Figs. 9B, 10, and 11B PNG media_image3.png 836 1096 media_image3.png Greyscale Modified Miura Modified Miura does not disclose the claimed “blocking mechanism, enabling the liquid guiding hole to be in a settable state comprising an open state and a closed state.” However, this limitation is taught by Yi. Yi teaches an electrolyte guiding hole for a battery (electrolyte injection hole 32 [0038], Figs. 1-7). Yi teaches a blocking mechanism in the electrolyte guiding hole prevents the electrolyte solution from being leaked out of the hole (sealing member 40/140/240/340 [0038-0057], meets the “settable closed state” limitation), and the blocking mechanism can also be removed when the electrolyte solution is being removed or refilled ([0018-0019, 0048, 0053], meets the “settable open state” limitation). 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 blocking mechanism with a settable open and closed state, in the liquid guiding hole of each partition plate, in the battery of modified Miura, in order to ensure electrolyte does not leak out of the battery, but also be able to refill the battery with electrolyte when necessary. PNG media_image4.png 416 402 media_image4.png Greyscale PNG media_image5.png 512 422 media_image5.png Greyscale Yi – Figs. 1 (left) and 2 (right) Regarding Claim 40, modified Miura discloses all limitations as set forth above. Modified Miura discloses the housing is an integral structure extending along the first direction (Miura, integrated battery case 10; see Annotated Fig. 2 in Claim 39), wherein a cavity wall of each of the accommodating cavities comprises a partition plate of the partition plates or the end cover arranged at the end of the accommodating cavity (Annotated Fig. 2 in Claim 39). Regarding Claim 41, modified Miura discloses all limitations as set forth above. Modified Miura discloses the housing is an integral structure extending along the first direction (Miura, integrated battery case 10; see Annotated Fig. 2 in Claim 39), wherein a battery core assembly comprising a separator (Miura, current collector plates 15 and 16 joined to the side edges of lead portions 14a and 14b [0055], Fig. 2) and the partition plates is provided in the housing (Miura, partition walls 12 in battery case 10), the accommodating cavities are located inside the separator (Miura, space 13 located between plates 15 and 16), and the partition plates are arranged in the separator at intervals (Miura, partition walls 12 located between plates 15 and 16), wherein a cavity wall of each of the accommodating cavities comprises: a partition plate of the partition plates or the end cover arranged at the end of the accommodating cavity, and the separator located between two adjacent partition plates or between the partition plate and the end cover (Annotated Fig. 2 in Claim 39). Regarding Claim 42, modified Miura discloses all limitations as set forth above. Modified Miura discloses the housing is an integral structure extending along the first direction (Miura, integrated battery case 10; see Annotated Fig. 2 in Claim 39), a battery core assembly comprises a separator (Miura, current collector plates 15 and 16 joined to the side edges of lead portions 14a and 14b [0055], Fig. 2) and the partition plates is provided in the housing (Miura, partition walls 12 in battery case 10), the accommodating cavities are located inside the separator (Miura, space 13 located between plates 15 and 16), the separator comprises a plurality of sub-separators arranged along the first direction (Miura, each space 13 comprises “sub-separator”/separate plates 15 and 16), a same partition plate is connected to two adjacent sub-separators (Miura, partition wall 12 sandwiched by connection protrusions 15A and 16A [0055]), and a cavity wall of each of the accommodating cavities comprises: a sub-separator of the sub-separators and a partition plate of the partition plates or the end cover arranged at the end of the sub-separator (Annotated Fig. 2 in Claim 39). Regarding Claim 43, modified Miura discloses all limitations as set forth above. Modified Miura discloses the housing comprises a plurality of sub-housings (Miura, plates 15 and 16) arranged along the first direction and a same partition plate is connected to two adjacent sub-housings (Miura, partition wall 12 sandwiched by connection protrusions 15A and 16A). Modified Miura also discloses a cavity wall of each of the accommodating cavities comprises: the sub-housing and a partition plate of the partition plates or the end cover located at the end of the sub-housing (Annotated Fig. 2 in Claim 39). Regarding Claim 44, modified Miura discloses all limitations as set forth above. Modified Miura discloses the battery is generally a cuboid having a length, a width and a thickness, wherein the length is greater than the width, and the width is greater than the thickness (Miura, see description of rectangular battery case 10 [0053] and Figs 1-2). Modified Miura also discloses the gas guiding hole (Miura, communication hole 18) and the liquid guiding hole (Miura modified by Amendola, Claim 39) are arranged on a partition plate of the partition plates at intervals along a width direction of the battery (see Modified Miura in Claim 39). Regarding Claim 45, modified Miura discloses all limitations as set forth above. Modified Miura discloses when the blocking mechanism is in a first state, the liquid guiding hole is in an open state (Yi, removing the sealing member 40/140/240/340 [0018]), and when the blocking mechanism is in a second state, the liquid guiding hole is in a closed state (Yi, sealing member installed in injection member to seal electrolyte in battery [0056-0057]), wherein the blocking mechanism is switchable between the first state and the second state (Yi, sealing member is removable, see refilling process [0019, 0043-0048]). Regarding Claim 46, modified Miura discloses all limitations as set forth above. Modified Miura discloses before or during electrolyte injection into the battery, the blocking mechanism is in the first state, the liquid guiding hole is in the open state (Yi, sealing member removed to inject electrolyte [0019, 0044]), the liquid guiding hole connects two adjacent accommodating cavities at both sides of the partition plate (see Miura modified by Amendola in Claim 39), and after electrolyte injection into the battery, the blocking mechanism is switched from the first state to the second state, and configured to close the liquid guiding hole, such that the liquid guiding hole is in the closed state (Yi, sealing member installed in injection member to seal electrolyte in battery [0056-0057]). Regarding Claim 47, modified Miura discloses all limitations as set forth above. Modified Miura discloses during formation of the battery after electrolyte injection, the blocking mechanism is in the first state, the liquid guiding hole is in the open state (Yi, sealing member removed to inject electrolyte [0019, 0044]), and the liquid guiding hole connects two adjacent accommodating cavities at both sides of the partition plate (see Miura modified by Amendola in Claim 39), and after formation of the battery after electrolyte injection, the blocking mechanism is switched from the first state to the second state, and configured to close the liquid guiding hole, such that the liquid guiding hole is in the closed state (Yi, sealing member installed in injection member to seal electrolyte in battery [0019, 0056-0057]). Regarding Claim 48, modified Miura discloses all limitations as set forth above. Modified Miura discloses when the liquid guiding hole is in the closed state, the blocking mechanism (Yi, sealing member 40/140/240/340) is at least partially arranged at the liquid guiding hole (Yi, injection hole 32/132/232/332 [0037-0042], Figs. 3 and 5-7) and configured to close the liquid guiding hole to block a connection between two adjacent accommodating cavities through the liquid guiding hole (Yi, [0010-0013, 0019], Figs. 3 and 5-7 ). PNG media_image6.png 354 1300 media_image6.png Greyscale Yi – Figs. 3 and 5-7 Regarding Claim 49, modified Miura discloses all limitations as set forth above. Modified Miura discloses when the blocking mechanism is in the first state, the blocking mechanism is arranged at a first position in the battery (Yi, removing the sealing member 40/140/240/340 [0018-0019]), and when the blocking mechanism is in the second state, the blocking mechanism is arranged at a second position in the battery (Yi, sealing member installed in injection member to seal electrolyte in battery [0053-0057]). Regarding Claim 50, modified Miura discloses all limitations as set forth above. Modified Miura discloses the partition plate is provided with a blocking mechanism holding space and the blocking mechanism is held in the blocking mechanism holding space (Yi, portion of injection hole 32/132/232/332 occupied by insertion portion 43/143/243/343 [0037-0042], Figs. 3 and 5-7), the blocking mechanism holding space is formed with the first position and the second position and the blocking mechanism is movable between the first position and the second position under a force (Yi, [0018-0019, 0053]), when the blocking mechanism is at the first position, the liquid guiding hole is in the open state (Yi, removing the sealing member 40/140/240/340), and the liquid guiding hole connects two adjacent accommodating cavities (see Miura modified by Amendola’s liquid guiding hole, Claim 39), and when the blocking mechanism is at the second position, the blocking mechanism closes the liquid guiding hole, such that the liquid guiding hole is in the closed state, to block a connection between two adjacent accommodating cavities via the liquid guiding hole (Yi, sealing member installed in injection member to seal electrolyte in battery [0053-0057]). Regarding Claim 51, modified Miura discloses all limitations as set forth above. Modified Miura discloses the blocking mechanism holding space is arranged to intersect the liquid guiding hole, the liquid guiding hole is divided into a first liquid guiding hole and a second liquid guiding hole by the blocking mechanism holding space (Amendola, common fill port design for multiple cells [0447-0459], Annotated Fig. 11B), and both the first liquid guiding hole and the second liquid guiding hole connect with the blocking mechanism holding space (Yi/Amendola, holding space for Yi’s insertion portion 43/143/243/343 is necessarily fluidly connected to Amendola’s liquid guiding hole). PNG media_image7.png 490 840 media_image7.png Greyscale Amendola – Annotated Fig. 11B Regarding Claim 52, modified Miura discloses all limitations as set forth above. Modified Miura discloses the blocking mechanism (Yi, sealing member 40/140/240/340) is attached to an inner wall of the blocking mechanism holding space by interference fit (Yi, the insertion portion 43 has the same cross-sectional shape as the injection hole 32, an outer diameter of the insertion portion 43 may be formed to coincide with an inner diameter of the injection hole 32 [0042]; “interference fit” met by leak-proof fit of 43 and 32 and/or threaded design [0052-0053], Fig. 5). Regarding Claim 55, modified Miura discloses all limitations as set forth above. Modified Miura discloses each of the electrode core assemblies comprises a first electrode lead-out part and a second electrode lead- out part for current output (Miura, lead portions 14a and 14b protrude from opposite sides of electrode plate group 14 [0055], Fig. 2), the first electrode lead-out part and the second electrode lead-out part of at least one electrode core assembly are respectively arranged on two opposite sides of the at least one electrode core assembly along the first direction (see Miura Fig. 2), and a length direction of the at least one electrode core assembly extends along the first direction (see Miura Fig. 2). Regarding Claim 56, modified Miura discloses all limitations as set forth above. Modified Miura discloses the battery further comprises a gas guiding hole blocking mechanism, which enables the gas guiding hole to be in a settable state, comprising an open state and a closed state (Miura, elastic valve body 30 has an open and closed state within communicating hole 18 [0059]). Regarding Claim 57, modified Miura discloses all limitations as set forth above. Modified Miura discloses a battery module, comprising a plurality of batteries, each of the plurality of batteries is the battery according to claim 39 (Amendola, a plurality of modules may be provided within a housing, see various kWh capabilities depending on configuration [0367-0376]). Regarding Claim 58, modified Miura discloses all limitations as set forth above. Modified Miura discloses a vehicle, comprising the battery module according to claim 57 (Amendola, the energy storage system may have applications in power storage, preferably on a vehicle and may be rechargeable [0441]). Claim 53 is rejected under 35 U.S.C. 103 as being unpatentable over modified Miura as applied to the claims above, and further in view of Ono et al., US 20170187027 A1. Regarding Claim 53, modified Miura discloses all limitations as set forth above. Modified Miura does not disclose the blocking mechanism is a magnetic body with magnetism. However, this limitation is taught by Ono. Ono teaches a cap 4 for covering a liquid injection hole for a battery, wherein the cap has a first magnetic body 4B ([0064-0067, 0077-0081], Fig. 5; “with magnetism” met by the body 4B being magnetic). Ono teaches since a magnetic force is used instead of an adhesive to secure the cap in the liquid injection hole, the cap can be easily attached to and detached from the liquid injection hole, can be repeatedly used as means for covering the liquid injection hole, and has a low likelihood of displacement/disengagement due to the magnetic force ([0015, 0033]). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have a magnetic body as a blocking mechanism, in the battery of modified Miura, in order to attach and detach the cap, while also having a low likelihood of displacement/ disengagement due to magnetic force which secures the cap in place. PNG media_image8.png 266 374 media_image8.png Greyscale Ono – Fig. 5 Claim 54 is rejected under 35 U.S.C. 103 as being unpatentable over modified Miura as applied to the claims above, and further in view of Wang et al., CN 106531957 A. Regarding Claim 54, modified Miura discloses all limitations as set forth above. Modified Miura does not disclose an elastic sleeve covering the blocking mechanism. Wang teaches a sealing mechanism comprising an elastic sealing assembly, which is used to seal the battery liquid injection hole (Abstract, Page 3 of Machine Translation, see Fig. 2). While Wang does not specifically state that the elastic sealing assembly is a “sleeve,” Examiner observes obvious overlap between the definition of sleeve as per the Merriam-Webster dictionary, in which a sleeve is defined as a tubular part (such as a hollow axle or a bushing) designed to fit over another part. Wang’s disclosed elastic sealing assembly as depicted in Fig. 2 meets the definition of a sleeve, where element 3 is the horizontal portion of the elastic sleeve, and 4 is the vertical portion of the sleeve, which encompasses the liquid injection hole 10 (see Fig. 1). Wang teaches the elastic sleeve is used as a sealing component to strengthen the sealing effect of the electrolyte hole and reduce the error in the matching process (see Contents of the Invention section). Before the effective filing date of the present invention, it would have been obvious to a person PNG media_image9.png 516 638 media_image9.png Greyscale of ordinary skill in the art to apply an elastic sealing sleeve to the blocking mechanism, in the battery of modified Miura, in order to strengthen the sealing effect of the electrolyte hole and reduce the error in the matching process. Wang – Fig. 2 Pertinent Prior Art Not Cited The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Yadav et al., US 20190044129 A1. Yadav teaches a partition plate for a battery (frame that separates electrodes in a battery [0011], Figs. 1A-C). Yadav teaches a liquid guiding hole is added to the top portion of the frame, in order to supply electrolyte to the battery ([0011]). PNG media_image10.png 358 912 media_image10.png Greyscale Yadav – Figs. 1A-C Conclusion 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

May 20, 2022
Application Filed
Feb 04, 2025
Non-Final Rejection — §103
May 07, 2025
Response Filed
Aug 08, 2025
Final Rejection — §103
Oct 13, 2025
Response after Non-Final Action
Nov 10, 2025
Request for Continued Examination
Nov 12, 2025
Response after Non-Final Action
Feb 20, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

3-4
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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