Prosecution Insights
Last updated: April 19, 2026
Application No. 17/871,350

SECONDARY BATTERY AND BATTERY MODULE

Non-Final OA §103
Filed
Jul 22, 2022
Examiner
HEMINGWAY, TIMOTHY G
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
SK On Co. Ltd.
OA Round
3 (Non-Final)
41%
Grant Probability
Moderate
3-4
OA Rounds
2y 7m
To Grant
57%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allow Rate
29 granted / 70 resolved
-23.6% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
57 currently pending
Career history
127
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/30/2025 has been entered. Response to Amendment In response to the amendment received 10/30/2025, the following objections and rejections have been withdrawn: 35 U.S.C. 112(b) rejections of claims 1-15 35 U.S.C. 102 rejections of the claims 35 U.S.C. 103 rejection of claim 3 Objections to the claims Claim Rejections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. Claim(s) 1, 5, 7-8, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006179442A (used previously attached machine translation), hereafter Kanai, in view of Foreign Publication JPH10112296A (used attached machine translation), hereafter Yukita. Regarding claim 1, Kanai discloses a secondary battery (1) ([0019] film-covered battery 1; [0020] battery element 10 is lithium ion secondary battery) comprising: an electrode assembly (10) ([0020] positive & negative electrode foils alternatively laminated with separators between) including electrode tabs (15a, 15b) (Fig 1, [0020] tabs 15a and 15b led out from each of the short sides), the electrode tabs (15a, 15b) are disposed on front side or back side of the electrode assembly (10) (Fig 1); a first plate (35a) disposed on left side of the electrode assembly (10) ([0021] Fig 1, frame shaped case 35a); a second plate (35b) disposed on right side of the electrode assembly (10) ([0011] Fig 1, frame shaped case 35b); and a pouch film (21a, 21b) configured to cover upper side and lower side of the electrode assembly (10) and couple to upper surface, lower surface, front surface, and back surface of each of the first (35a) and second (35b) plates to accommodate the electrode assembly (10) therein (Fig 1, Fig 4, [0024] exterior films 21a, 21b sandwich and surround the case 35 holding the battery element 10 from both sides in the thickness direction). Kanai further discloses the first (35a) and second (35b) plates being joined together by thermal fusion ([0021]), and the pouch films (21a, 21b) being joined together by thermal fusion ([0025]). Kanai does not explicitly disclose the coupling between both plates and the pouch film being a seal by thermal fusion. In the analogous art of secondary batteries, Yukita discloses sealing the pouch films (20a, 20b) to the frame (10) (Fig 2, [0019] lid members 20a, 20b heat sealed to the sides of the frame 10). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to configure the pouch film to seal by thermal fusion to the frame on upper, lower, front, and back surfaces as well as disclosed by Yukita in order to maintain the position of the frame and electrode assembly between the fused films, where without such a bond the positions of the battery components might otherwise be unstable. Regarding claim 5, Kanai further discloses wherein each of the first (35a) and second (35b) plates is made of a material including synthetic resin ([0021] each of the cases 35a and 35b is configured as a resin molded product). Regarding claim 7, Kanai further discloses wherein at least one of the first (35a) and second (35b) plates includes an electrolyte injection hole (83) through which an electrolyte is injected into the secondary battery (1) (Fig 8, [0043] injection port 83 in tubular member 81 of frames 35a and 35b). Regarding claim 8, Kanai further discloses wherein at least one of the first (35a) and second (35b) plates includes a gas outlet (37) through which gas is discharged to outside of the secondary battery (1) (Fig 4, [0029] gas is discharged through passage 37 of case frame 35). Regarding claim 10, Kanai further discloses wherein at least one of the first (35a) and second (35b) plates includes a protrusion (81) on a surface thereof opposite to a surface thereof facing the electrode assembly (1) (Fig 9, tubular member 81), Regarding claim 11, Kanai discloses a battery module comprising a plurality of secondary batteries (1) stacked in front and back directions of the battery module ([0023] multiple cells stacked in thickness direction), each secondary battery (1) ([0019] film-covered battery 1; [0020] battery element 10 is lithium ion secondary battery)of the plurality of secondary batteries (1) including: an electrode assembly (10) ([0020] positive & negative electrode foils alternatively laminated with separators between) including electrode tabs (15a, 15b) (Fig 1, [0020] tabs 15a and 15b led out from each of the short sides), the electrode tabs (15a, 15b) are disposed on front side or back side of the electrode assembly (10) (Fig 1); a first plate (35a) disposed on left side of the electrode assembly (10) ([0021] Fig 1, frame shaped case 35a); a second plate (35b) disposed on right side of the electrode assembly (10) ([0011] Fig 1, frame shaped case 35b); and a pouch film (21a, 21b) configured to cover upper side and lower side of the electrode assembly (10) and couple to upper surface, lower surface, front surface, and back surface of each of the first (35a) and second (35b) plates to accommodate the electrode assembly (10) therein (Fig 1, Fig 4, [0024] exterior films 21a, 21b sandwich and surround the case 35 holding the battery element 10 from both sides in the thickness direction). wherein the plurality of secondary batteries (1) is configured such that the first (35a) and second (35b) plates are disposed in the upper and lower directions of the battery module, and the electrode tabs (15a, 15b) are disposed in the left and right directions of the battery module (Fig 1; [0023] multiple cells stacked in thickness direction), wherein the left and right sides of the secondary battery (1) correspond to the upper and lower directions of the battery module (Fig 1; [0023] stacked in thickness direction). Kanai further discloses the first (35a) and second (35b) plates being joined together by thermal fusion ([0021]), and the pouch films (21a, 21b) being joined together by thermal fusion ([0025]). Kanai does not explicitly disclose the coupling between both plates and the pouch film being a seal by thermal fusion. In the analogous art of secondary batteries, Yukita discloses sealing the pouch films (20a, 20b) to the frame (10) (Fig 2, [0019] lid members 20a, 20b heat sealed to the sides of the frame 10). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to configure the pouch film to seal by thermal fusion to the frame on upper, lower, front, and back surfaces as well as disclosed by Yukita in order to maintain the position of the frame and electrode assembly between the fused films, where without such a bond the positions of the battery components might otherwise be unstable. Regarding claim 12, Kanai is silent on wherein each of the first and second plates includes a first hole extending therethrough in front and back directions of the battery module, and the pouch film includes a second hole formed at a position corresponding to the first hole. Yukita further discloses wherein each of the first and second plates (sides of frame 10) includes a first hole (13) extending therethrough in front and back directions of the battery module (Fig 2, [0017] frame 10 has fastening holes 13 for fixing the battery). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kanai to include fastening holes in the first and second plates in order to facilitate the assembly of the battery cells into a module and maintain their relative arrangement, as suggested by Yukita. It would further have been obvious to further modify the invention of Kanai to include a second hole in the pouch film formed at a position corresponding to the first hole, since one skilled in the art would have understood the fastening means could also pass through the pouch film in order to secure it to the fixing holes, due to the pouch films enclosing the plates. Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006179442A (used previously attached machine translation), hereafter Kanai, in view of Foreign Publication JPH10112296A (used attached machine translation), hereafter Yukita, as stated above for claim 1, and further in view of Published Application US20220263167A1, hereafter Ohta. Regarding claim 2, Kanai discloses the case 35 does not necessarily have a frame shape, and may be U-shaped ([0023]). Kanai is silent on wherein each of the first and second plates includes an inclined portion on the front side or back side. In the analogous art of secondary batteries, Ohta discloses wherein each of the first (22a) and second (22b) plates includes an inclined portion on the front side or back side (Fig 2, [0041] side surfaces 22a, 22b folded in form triangular pyramid-shaped spaces 25a-1, 25a-2, 25b-1, 25b-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kanai where the case is U-shaped to make use of an inclined portion on the front or back side in order to reduce negative space inside the pouch film and aid the pouch film in sandwiching the electrode tabs, and further because Kanai already discloses the case need not have a frame shape, and changes in shape have been held to be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant (MPEP 2144.04 (IV) (B)). Regarding claim 3, modified Kanai is silent on wherein each of the first and second plates includes rounded corners. Yukita further discloses wherein each of the first and second plates includes rounded corners (Fig 2 rounded corners of all sides of frame 10). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Kanai to include rounded corners on each of the first and second plates in order to impart strength to the corners due to the mechanical support provided by an arch-like configuration, and because it has been held that changes in shape are a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration was significant (MPEP 2144.04 (IV) (B)). Regarding claim 4, Ohta further discloses wherein the inclined portion is formed such that each of the first (22a) and second (22b) plates protrudes at a center portion of the front surface or back surface thereof toward a front side direction or back side direction of the electrode assembly (1) (Fig 2, pyramid-shaped spaces 25a-1, 25a-2, 25b-1, 25b-2 protrude at center of ends of 22a, 22b toward tabs 14a, 14b) and has down-slope surfaces at both sides of the center portion of the front surface or back surface of each of the first (22a) and second (22b) plate (Fig 2, sloping downward to upper and lower surfaces of sides 22a, 22b from protruding centers of pyramid-shaped spaces 25a-1, 25a-2, 25b-1, 25b-2). PNG media_image1.png 534 702 media_image1.png Greyscale Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006179442A (used previously attached machine translation), hereafter Kanai, in view of Foreign Publication JPH10112296A (used attached machine translation), hereafter Yukita, as stated above for claim 1, and further in view of Published Application US20150147633A1, hereafter Ahn. Regarding claim 6, Kanai further discloses wherein the pouch film (21a, 21b) includes an inner coating made of heat-fusible resin ([0025] exterior films 21a, 21b are laminate films including heat-fusible resin layers that face each other and form a sealing portion 23 when joined). Kanai further discloses wherein the pouch film (21a, 21b) contacts the upper surface, lower surface, front surface, and back surface of each of the first (35a) and second (35b) plates (Fig 4), and further that in order to increase the reliability of the airtight seal, the material of the tubular member (31), to which the pouch film (21a, 21b) adheres, should be one that can be thermally fused well with the resin layer of the laminate film of the pouch film (21a, 21b) ([0026]). Kanai is silent on wherein each of the first and second plates is made of metal, and includes a coating layer made of the same material as the inner coating of the pouch film, wherein the coating layer is formed on the upper surface, lower surface, front surface, and back surface of each of the first and second plates, and the coating layer contacts the pouch film. In the analogous art of secondary battery casings, Ahn discloses wherein the plate (frame unit 130) is made of metal ([0052] frame unit 130 includes aluminum first barrier layer 170b), and includes a coating layer (150) made of the same material as an inner coating of the pouch film (110, 120), wherein the coating layer (150) is formed on the surfaces in contact with the pouch film (110, 120) ([0035] frame unit 130 includes sealing parts 150 made of same material as sealant layer of first sheet 110 and second sheet 120, which are tightly sealed together to sealing parts 150). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kanai to include the heat-fusible resin layers also on the surfaces of the frame formed by the first and second plates that contact the pouch film, as disclosed by Ahn ([0035]), as well as to include an aluminum barrier layer in the first and second plates, in order to tightly seal the pouch film to the plates as suggested by Ahn ([0035], [0051]) and Kanai ([0026]). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006179442A (used previously attached machine translation), hereafter Kanai, in view of Foreign Publication JPH10112296A (used attached machine translation), hereafter Yukita, as stated above for claim 1, and further in view of Foreign Publication WO2020016937A (used previously attached machine translation), hereafter Miyoshi. Regarding claim 9, Kanai is silent on wherein at least one of the first and second plates includes a flow channel through which a cooling fluid or a heating fluid flows. Yukita further discloses wherein each of the first and second plates (sides of frame 10) includes a first hole (13) extending therethrough in front and back directions of the battery module (Fig 2, [0017] frame 10 has fastening holes 13 for fixing the battery). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kanai to include fastening holes in the first and second plates in order to facilitate the assembly of the battery cells into a module and maintain their relative arrangement, as suggested by Yukita. In the analogous art of secondary batteries, Miyoshi discloses wherein the plate includes a flow channel through which a cooling fluid flows ([0021] holding mechanism is elastic coil 730, which is [0025] hollow wire with internal temperature control medium flow path 731). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify Kanai to use a hollow wire through the fastening holes, in order to both hold the cells together and provide a flow path for a temperature control medium, as disclosed by Miyoshi ([0026]). Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006179442A (used previously attached machine translation), hereafter Kanai, in view of Foreign Publication JPH10112296A (used attached machine translation), hereafter Yukita, as stated above for claim 12, and further in view of Foreign Publication WO2020016937A (used previously attached machine translation), hereafter Miyoshi. Regarding claim 13, modified Kanai is silent on a rod penetrating through the first hole and the second hole of each of the plurality of stacked secondary batteries and fixing the plurality of stacked secondary batteries. In the analogous art of secondary batteries, Miyoshi discloses wherein the stack includes a rod with a flow channel through which a cooling fluid flows penetrating through the holes in the plates ([0021] holding mechanism is elastic coil 730, which is [0025] hollow wire with internal temperature control medium flow path 731). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Kanai to use a hollow wire to assemble the cells through the fastening holes, in order to both hold the cells together and provide a flow path for a temperature control medium, as disclosed by Miyoshi ([0026]). Regarding claim 14, Miyoshi further discloses wherein the rod includes a flow channel through which a cooling fluid flows ([0021] holding mechanism is elastic coil 730, which is [0025] hollow wire with internal temperature control medium flow path 731). Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication JP2006179442A (used previously attached machine translation), hereafter Kanai, in view of Foreign Publication JPH10112296A (used attached machine translation), hereafter Yukita, as stated above for claim 11, in view of Published Application US20210234223A1, hereafter Taniuchi. Regarding claim 15, Kanai is silent on a heat sink being disposed in contact with at least one of the first and second plates. In the analogous art of secondary batteries, Taniuchi discloses a heat sink (3) disposed in contact with the plate (Fig 1A, battery cells 10 disposed on cooling plate 3), which dissipates heat generated from the battery cells (10) by being in contact with the battery cells (10) ([0110]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Kanai with the cooling plate disclosed by Taniuchi in order to dissipate the heat generated from the battery cells, as suggested by Taniuchi. Response to Arguments Applicant’s arguments filed 10/30/2025 regarding the previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections of the claims have been fully considered but they are moot in view of the new 35 U.S.C. 103 rejections of the claims, with the exception of applicant’s arguments regarding the 35 U.S.C. 103 rejection of claim 3. Applicant's arguments regarding claim 3 have been fully considered but they are not persuasive. In response to applicant’s argument regarding claim 3 on page 12 of applicant’s remarks that it is not necessary to derive a structure for increasing the bonding strength of the folded portion of the plate and pouch film, like the rounded corners of the present invention, the examiner notes, as stated in the rejection of claim 3, that the rounded portions of Yukita provide enhanced mechanical support to the frame due to the arch-like configuration, and the rejection makes no mention of any improvement in bonding strength gained by the modification with Yukita. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4. 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, Susan Leong can be reached at (571) 270-1487. 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. /T.G.H./Examiner, Art Unit 1754 /SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
Read full office action

Prosecution Timeline

Jul 22, 2022
Application Filed
Jan 24, 2025
Non-Final Rejection — §103
Apr 17, 2025
Response Filed
Jun 23, 2025
Final Rejection — §103
Oct 30, 2025
Request for Continued Examination
Oct 31, 2025
Response after Non-Final Action
Jan 22, 2026
Non-Final Rejection — §103
Mar 10, 2026
Applicant Interview (Telephonic)
Mar 10, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12562362
RECHARGEABLE BATTERY AND METHOD FOR MANUFACTURING POSITIVE PLATE OF RECHARGEABLE BATTERY
2y 5m to grant Granted Feb 24, 2026
Patent 12479774
ALUMINUM BORATE WHISKER REINFORCED AND TOUGHENED NON-METALLIC MATRIX COMPOSITE
2y 5m to grant Granted Nov 25, 2025
Patent 12409598
METHOD OF MANUFACTURING CONTAINERS
2y 5m to grant Granted Sep 09, 2025
Patent 12355077
NANOCOMPOSITE ELECTRODE
2y 5m to grant Granted Jul 08, 2025
Patent 12325172
METHOD FOR PRODUCING DELAMINATION CONTAINER AND APPARATUS FOR PRODUCING DELAMINATION CONTAINER
2y 5m to grant Granted Jun 10, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
41%
Grant Probability
57%
With Interview (+15.7%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month