Prosecution Insights
Last updated: August 18, 2026
Application No. 17/798,022

BATTERY MODULE AND BATTERY PACK INCLUDING THE SAME

Non-Final OA §103
Filed
Aug 05, 2022
Priority
Aug 14, 2020 — RE 10-2020-0102382 +2 more
Examiner
KENLAW, GRACE A
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution Ltd.
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
63 granted / 124 resolved
-14.2% vs TC avg
Strong +38% interview lift
Without
With
+37.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
20 currently pending
Career history
154
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
17.2%
-22.8% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 124 resolved cases

Office Action

§103
DETAILED ACTION 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/02/2026 has been entered. Response to Arguments Applicant's arguments filed 07/02/2026 have been fully considered but they are not persuasive. Applicant argues that Takeishi’s film portion is positioned at an opening of the case to provide a seal and not attached beneath a housing upper portion (pg. 6, para. 1). This argument is not found persuasive because Takeishi teaches the film portion (3) being attached (Fig. 1) to a lower surface (annotated Fig. 1; LS) of the upper portion (4) of the housing (1, 4). Applicant argues that Takeishi fails to teach that the film portion is positioned above the connector such that moisture formed on the lower surface of the upper portion moves along an upper surface of the film portion without falling on the connector (pg. 6, para. 2). This argument is not found persuasive because Takeishi teaches that the film portion (3) is positioned above (Fig. 1; 3 is above 1 and the contents of 1 which include the “wiring circuit” per [0007-0008]) the connector (“wiring circuit” located in 1 of Fig. 1 per [0007-0008]), such that moisture (“moisture”, “high humidity” [0020]) formed on (“enters the inside of the pack”; [0020], high humidity on the inside of the battery pack naturally results in the moisture in the air contacting the surfaces of the pack) the lower surface (LS) of the upper portion (4) moves along (a “drip-proof”, “hydrophobic plastic film” [0030] by its nature repels moisture) an upper surface (annotated Fig. 1; US) of the film portion (3) without falling (“waterproof/driproof”; [0040] structure prevents moisture from getting past film portion 3 into the lower housing, 1 of Fig. 1, where the connector is) on the connector (“wiring circuit” located in 1 of Fig. 1 per [0007-0008]). Applicant argues that Takeishi’s film functions as a complete seal instead of a moisture redirection mechanism that allows moisture to move along its upper surface away from a connector (pg. 6, para. 3). This argument is not found persuasive because by virtue of the film portion of Takeishi being a waterproof seal as indicated by applicant and Takeishi, the film portion is capable of allowing moisture to move along its upper surface away from the connector because the nature of a waterproof/drip-proof structure, as taught by Takeishi, is one that repels water/drips and forces water/drips to flow in a direction other than a permeation direction. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20190198952A1) in view of Oota (US20200006814A1) and Takeishi (JPH08298103A, machine translation used for rejection below). Regarding claim 1, Choi discloses a battery module (Fig. 1; 1) comprising: a battery cell stack (Fig. 1; 10) comprising a plurality of battery cells (Fig. 1; 11); PNG media_image1.png 686 583 media_image1.png Greyscale a housing (Fig. 1; 20-40) for the battery cell stack (10); a pair of busbar frames (Fig. 1; 60a, 60b) formed at a front portion (annotated Fig. 1; F) and a back portion (annotated Fig. 1; B) of the battery cell stack (10); a connecting portion (Fig. 9; 511c) that connects ([0109]) the pair of busbar frames (60a, 60b) and comprises a flexible print circuit (“flexible print circuit”; [0113]); a connector (Fig. 9; 511b, 511a) formed on (Fig. 9) each of the busbar frames (60a, 60b) and coupled to (Fig. 9) the connecting portion (511c), an upper portion (Fig. 1; 40) of the housing (20-40), and a lower surface (annotated Fig. 1; LS) of the upper portion (40) of the housing (20-40). PNG media_image2.png 706 600 media_image2.png Greyscale While Choi discloses a flexible print circuit ([0113]), Choi fails to disclose a flexible flat cable specifically. Oota discloses a flexible flat cable ([0039]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Choi by substituting the flexible print circuit of Choi for a flexible flat cable as taught by Oota because Oota teaches that an FPC and an FFC are suitable alternatives. Choi in view of Oota fails to disclose a film portion between the connector and an upper portion of the housing, the film portion being attached to a lower surface of the upper portion of the housing, wherein the film portion extends between the pair of busbar frames and is above the connecting portion comprising the flexible flat cable, and is positioned above the connector such that moisture formed on the lower surface of the upper portion moves along an upper surface of the film portion without falling on the connector. Takeishi discloses a battery module (Fig. 1; [0026]) comprising: a battery cell stack (Fig. 1; 2) comprising a plurality of battery cells (Fig. 1; 2a); a housing (Fig. 1; 1, 4) for the battery cell stack (2); a film portion (“waterproof plastic film”; [0026]; Fig. 1; 3) between a connector (“wiring circuit” located in 1 of Fig. 1 per [0007-0008]) and an upper portion (Fig. 1; 4) of the housing (1, 4), the film portion (3) being attached (Fig. 1) to a lower surface (annotated Fig. 1; LS) of the upper portion (4) of the housing (1, 4), PNG media_image3.png 347 465 media_image3.png Greyscale wherein the film portion (3) extends between (Fig. 1) ends (Fig. 1; rightmost and leftmost ends of 4) of the housing (1, 4) is above essential components ([0040]) of the battery module, including all electronic components (Fig. 1; 2 and [0040] teaches that the connector, i.e. the wiring circuit is also protected by the film), and is positioned above (Fig. 1; 3 is above 1 and the contents of 1, which include the “wiring circuit” per [0007-0008]) the connector (“wiring circuit” located in 1 of Fig. 1 per [0007-0008]), such that moisture (“moisture”, “high humidity” [0020]) formed on (“enters the inside of the pack”; [0020], high humidity on the inside of the battery pack naturally results in the moisture in the air contacting the surfaces of the pack) the lower surface (LS) of the upper portion (4) moves along (a “drip-proof”, “hydrophobic plastic film” [0030] by nature repels moisture) an upper surface (annotated Fig. 1; US) of the film portion (3) without falling (“waterproof/driproof”; [0040] structure prevents moisture from getting past film portion 3 into the lower housing, 1 of Fig. 1, where the connector is) on the connector (“wiring circuit” located in 1 of Fig. 1 per [0007-0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Choi in view of Oota by adding the film portion taught by Takeishi such that it was between the connector and upper portion of the housing, the film portion being attached to a lower surface of the upper portion of the housing, the film portion extends between the ends (Choi Fig. 1; 30a, 30b) of the housing, the film portion is above all essential electronic components, and is positioned above the connector such that moisture formed on the lower surface of the upper portion moves along an upper surface of the film portion without falling on the connector in order to reliably avoid the penetration of water and moisture and maintain the electrical reliability of the battery cell stack as Takeishi teaches ([0020]). The examiner notes that by performing this modification one of ordinary skill in the art would naturally arrive at the limitation “wherein the film portion extends between the pair of busbar frames and is above the connecting portion comprising the flexible flat cable” because the film portion extends to the ends of the housing, which are beyond the bus bar frames (see Fig. 1), and must therefore also extend between the frames. Further, the connecting portion comprising the flexible flat cable and the connector are electronic components that a PHOSITA would understand to be essential components of the battery module (because the battery module would not function as designed were they to be damaged) that would be covered by a film portion, placed above it, based on Takeishi’s teaching. Regarding claim 8, Choi in view of Oota and Takeishi fails to disclose wherein a size of the film portion corresponds to a size of the upper portion of the housing. PNG media_image4.png 312 355 media_image4.png Greyscale Takeishi discloses wherein a size (annotated Fig. 1; S1) of a film portion (Fig. 1; 3) corresponds to a size (annotated Fig. 1; S2) of an upper portion (Fig. 1; 4) of a housing (Fig. 1; 1, 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota and Takeishi by making a size of the film portion correspond to a size of the upper portion of the housing, in order to reliably avoid the penetration of water and moisture and maintain the electrical reliability of the battery cell stack as Takeishi teaches ([0020]). Regarding claim 11, Choi in view of Oota and Takeishi discloses a battery pack (Fig. 1; 1) comprising the battery module (1) of claim 1. Claims 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20190198952A1) in view of Oota (US20200006814A1) and Takeishi (JPH08298103A, machine translation used for rejection below), as applied to claim 1 as set forth above and further in view of Lee (US-20190389318-A1), Kubota (US-20040089467-A1) and Yamamoto (US-20160036103-A1). Regarding claim 2, Choi in view of Oota and Takeishi discloses a pair of covers (Fig. 1; 30a, 30b) for covering (Fig. 1) an outer surface (Fig. 1; outer surface of 60a and 60b) of each of the pair busbar frames (60a, 60b), respectively (Fig. 1). Choi in view of Oota and Takeishi fails to disclose insulating covers, a pair of end plates for covering an outer surface of each of the pair of insulating covers, respectively, or wherein the film portion is configured to guide the moisture inside the battery module to a passage between each of the end plates and the insulating covers, respectively. Lee discloses a battery module (Fig. 2; M) comprising: a pair of busbar frames (Fig. 3; 120, 130); a pair of insulating ([0105]) covers (Fig. 3; 3) for covering an outer surface (Fig. 3; outer surface of 120, 130) of each of the pair busbar frames (120, 130), respectively; and a pair of end plates (Fig. 3; 4) covering (Fig. 3) an outer surface (Fig. 3; outer surface of 3) of each of the pair of insulating covers (3), respectively (Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota and Takeishi by substituting the non-descript material of the covers, for the insulating material of Lee, such that the covers were insulating covers, and adding the pair of end plates taught by Lee such that the end plates covered an outer surface of each of the pair of insulating covers, in order to prevent short circuiting ([0115]) and protect the internal structure of the battery module ([0108]) as taught by Lee. Choi in view of Oota, Takeishi and Lee still fails to disclose wherein the film portion guides the moisture inside the battery module to a passage formed between each of the end plates and the insulating covers, respectively. Kubota teaches a film portion (Fig. 5; 2) that is configured to guide moisture (“water dropped onto the upper wall portion 9”; [0056]) inside a module (Fig. 5; 1) to a passage (“gap between the upper wall portion 9 and the upper wall portion 20”;[0056]; and passage of B in Fig. 5) extending through and on an outside of each of a pair of insulating (“synthetic resin”; [0044]) covers (Fig. 5; 3, 4) respectively. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota, Takeishi and Lee by substituting the configuration of the insulating covers and the film portion of Choi in view of Oota and Takeishi and Lee for the configuration of the film portion and insulating covers of Kubota such that the film portion is configured to guide the moisture inside the battery module to a passage extending through and on an outside of each of the insulating covers, as taught by Kubota, in order to prevent water from collecting on the film portion by rapidly discharging it as taught by Kubota ([0056]). Further, one of ordinary skill in the art would have sought to combine a battery module with the invention of Kubota because Kubota is directed to the protection of electric components ([0001]) in a housing (“box”; [0001]), and a battery module, as claimed, comprises electric components accommodated in a housing. Choi in view of Oota, Takeishi, Lee and Kubota fails to disclose the passage formed between each of the end plates and the insulating covers, respectively. Yamamoto discloses a battery module (“energy storage apparatus”; Fig. 1) comprising: a pair (Fig. 2; 30) of end plates (Fig. 17; 306) a pair (Fig. 2; 30) of covers (Fig. 17; 301, 302), respectively, a passage (“a gap”; [0146]; Fig. 17; flow path of W) formed between the end plates (306) and the insulating covers (301, 302), respectively. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota, Takeishi, Lee and Kubota by adding a passage formed between each of the end plates and the insulating covers, respectively, as taught by Yamamoto, to the passage of Choi, Takeishi, Lee and Kubota, such that the film portion is configured to guide the moisture inside the battery module to a passage between each of the end plates and insulating covers respectively, in order to discharge water to the outside ([0146]) as taught by Yamamoto. Regarding claim 3, Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto discloses wherein: each of the insulating (Lee [0105]) covers (Choi 30a, 30b) comprises an extension portion (Kubota Fig. 5; 16, 17) that extends from a lower side (Kubota annotated Fig. 5; LS) of the film portion (Takeshi 3). PNG media_image5.png 359 342 media_image5.png Greyscale Regarding claim 4, Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto discloses wherein: the extension portion (Kubota 16, 17) is inclined downward (Kubota Fig. 5) in a direction (annotated Kubota Fig. 5; direction D) towards the respective end plate (Lee 3, 4). PNG media_image6.png 330 360 media_image6.png Greyscale Regarding claim 5, Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto discloses wherein: a tip (Kubota Fig. 5; 17) of the extension portion (Kubota 16, 17) is curved upward (Kubota Fig. 5; 17 curves upward from 19). Regarding claim 6, Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto fails to disclose wherein: a crack between the upper portion of the housing and each of the end plates is connected with the respective extension portion. Lee discloses a crack (annotated Fig. 2; C, i.e. seam between EP and UP) between an upper portion (annotated Fig. 2; UP) of a housing (annotated Fig. 2; H) and each of a pair of end plates (annotated Fig. 2; EP). It would have been obvious to one of ordinary skill in the art to have further modified Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto by joining the end plates to the upper portion of the housing such that there was a crack between the end plates and the upper portion of the housing in order to protect the internal structure of the battery module PNG media_image7.png 544 716 media_image7.png Greyscale ([0108]) as taught by Lee. The examiner notes that the crack of Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto is connected with the respective extension portion because both the upper portion of the housing and the end plates are directly or indirectly connected with the insulating covers which comprise the extension portion. Regarding claim 7, Choi in view of Oota, Takeishi, Lee, Kubota and Yamamoto discloses wherein: the passage (Kubota; “gap between the upper wall portion 9 and the upper wall portion 20”;[0056]; Fig. 5; passage of B; Yamamoto “a gap”; [0146]; Fig. 17; flow path of W) is connected with (Yamamoto Fig. 17) an outside (Choi Fig. 2; outside 20, 30a, 30b and 40) of the housing (Choi 20-40), and wherein the passage (Kubota; “gap between the upper wall portion 9 and the upper wall portion 20”;[0056]; Fig. 5; passage of B; Yamamoto “a gap”; [0146]; Fig. 17; flow path of W) is configured to discharge the moisture (Yamamoto Fig. 17; W) to the outside (Yamamoto Fig. 17; [0146]) of the housing (Choi 20-40) through the passage (Kubota; “gap between the upper wall portion 9 and the upper wall portion 20”;[0056]; Fig. 5; passage of B; Yamamoto “a gap”; [0146]; Fig. 17; flow path of W). Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20190198952A1) in view of Oota (US20200006814A1) and Takeishi (JPH08298103A, machine translation used for rejection below), as applied to claim 8 as set forth above and further in view of Zhang (US-20180277800-A1). Regarding claim 9, Choi in view of Oota and Takeishi fails to disclose wherein the film portion is coupled with opposite edge portions of the upper portion of the housing by a plurality of adhesive members, and a moisture moving passage is formed in the space formed between the plurality of adhesive members. PNG media_image8.png 363 364 media_image8.png Greyscale Takeishi discloses wherein a film portion (Fig. 1; 3) is coupled with opposite edge portions (annotated Fig. 1; OEP) of an upper portion (Fig. 1; 4) of a housing (Fig. 1; 1, 4) by an adhesive member (Fig. 1; 6c; “adhesive tape”; [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota and Takeishi, by coupling the film portion with opposite edge portions of the upper portion of the housing with an adhesive member in order to reliably avoid the penetration of water and moisture and maintain the electrical reliability of the battery cell stack as Takeishi teaches ([0020]). Choi in view of Oota and Takeishi fails to disclose a plurality of adhesive members or wherein a moisture moving passage is formed in the space formed between the plurality of adhesive members. Zhang discloses a plurality of adhesive members (Fig. 2; 30; [0084]) and wherein a moisture moving passage (Fig. 2; space between each element 30; “spaced apart”; [0084]) is formed in the space (Fig. 2; space between each element 30; “spaced apart”; [0084]) formed between (Fig. 2) the plurality of adhesive members (30). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota and Takeishi by substituting the adhesive member for the plurality of adhesive members taught by Zhang such that a moisture moving passage is formed in the space formed between the plurality of adhesive members, in order to make the bonding force large ([0084]), as taught by Zhang, between the film portion and the upper portion. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20190198952A1) in view of Oota (US20200006814A1) and Takeishi (JPH08298103A, machine translation used for rejection below), as applied to claim 1 as set forth above and further in view of Yoo (US20160155987A1). Regarding claim 10, Choi in view of Oota and Takeishi discloses wherein: the film portion (Takeishi 2) is formed of a sheet (Fig. 1; 3). Choi in view of Oota and Takeishi fails to disclose polycarbonate. Yoo discloses a film portion (“encapsulant film”; [0007]; for batteries per [0002]) that is formed of a polycarbonate (“a polycarbonate-based resin”; [0030]) sheet (“film”; [0007]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Choi in view of Oota and Takeishi by substituting the material of the film portion of Choi in view of Oota and Takeishi for the polycarbonate material taught by Yoo in order to secure a film with an excellent water barrier property ([0028]) as taught by Yoo. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM. 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, Tiffany Legette-Thompson can be reached at (571) 270-7078. 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. /G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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Prosecution Timeline

Aug 05, 2022
Application Filed
Dec 30, 2025
Non-Final Rejection mailed — §103
Mar 23, 2026
Response Filed
May 15, 2026
Final Rejection mailed — §103
Jul 02, 2026
Request for Continued Examination
Jul 04, 2026
Response after Non-Final Action
Jul 22, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Prosecution Projections

3-4
Expected OA Rounds
51%
Grant Probability
88%
With Interview (+37.7%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 124 resolved cases by this examiner. Grant probability derived from career allowance rate.

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