Prosecution Insights
Last updated: August 16, 2026
Application No. 17/928,554

LITHIUM ION BATTERY, POWER BATTERY MODULE, BATTERY PACK, ELECTRIC VEHICLE, AND ENERGY STORAGE DEVICE

Non-Final OA §103§112
Filed
Nov 29, 2022
Priority
May 29, 2020 — CN 202010478294.4 +1 more
Examiner
RICKMAN, HOLLY C
Art Unit
1785
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BYD Company Limited
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
411 granted / 581 resolved
+5.7% vs TC avg
Strong +22% interview lift
Without
With
+22.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
15 currently pending
Career history
601
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
17.8%
-22.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 581 resolved cases

Office Action

§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 . Finality Withdrawn The finality of the Office action mailed 4/9/26 is withdrawn in view of Applicant’s arguments. Prosecution is reopened in view of the newly applied reference set forth in the 103 rejection, below. Claim Rejections - 35 USC § 112 The rejection of claims 1-2, 5-9, 11-14-5 and 20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, is withdrawn in view of Applicant’s amendments. Claim Rejections - 35 USC § 103 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 rejection of claim(s) 1-2, 5-9, 11-15, and 20 under 35 U.S.C. 103 as being unpatentable over Abe et al. (US 2009/0047575) as evidenced by Aerospace Specification Metals Inc. “ASM Material Data Sheet” and Thyssenkrupp Materials “Density of Aluminum” is withdrawn in view of Applicant’s arguments. Claims 1-2, 5-9, 11-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Inagaki et al. (US 2008/0166637) in view of Ogawa et al. (US 2017/0092986) as evidenced by Aerospace Specification Metals Inc. "ASM Material Data Sheet" and Thyssenkrupp Materials "Density of Aluminum". With regard to claims 1-2, Inagaki discloses a lithium ion battery [0005] comprising an electrode core (electrode group) [0051, 0187] housed in a casing ("resin layer" Item 10 Figure 4 and "outer package tube" Item 97 Figure 6). Inagaki discloses that the electrode core comprises a positive electrode sheet (positive electrode), negative electrode sheet (negative electrode), and a separator between the positive and negative electrode sheets [0051, 0187]. Inagaki discloses that the positive electrode sheet (positive electrode) further comprises a positive current collector and a positive electrode material layer on the current collector [0052]. Inagaki fails to disclose that the length of the lithium ion battery is 500-2500mm. Ogawa discloses a sheet-laminated lithium secondary battery comprising a positive electrode sheet, a separator, and a negative electrode sheet stacked sequentially to form an electrode assembly accommodated in a sheet outer casing [Abstract], similar to the battery of Inagaki. Ogawa further discloses that the battery has a length of 50mm-2000mm and a width of 30mm-500mm [0039]. More specifically, Ogawa discloses in Example 1 a battery having a length of 600mm and a width of 50mm [0084]. Ogawa discloses that a battery with this configuration has high battery performance and can be produced at low cost with high productivity [0024]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the size of Inagaki's battery to have the dimensions within the range as suggested by Ogawa to provide a battery with high performance, low cost, and high productivity. Modified Inagaki discloses that the length of the battery is 50-2000mm as modified by Ogawa, which overlaps with the claimed range. Inagaki, as modified by Ogawa above, discloses that the dimensions of the battery are 50-2000mm in length and 30-500mm in width, thus the positive electrode current collector (as part of the electrode group in the battery) would have the same dimensions. Thus modified Inagaki discloses that the positive electrode current collector has a dimension in the first direction (length) of 50-2000mm and a dimension in the second direction (width) of 30- 500mm (L= 0.05-2m and W= 0.03-0.5m). Inagaki discloses that the positive electrode current collector has a thickness of 15µm or less [0157, 0224], or 1.5x10-5 m. Inagaki teaches an aluminum positive electrode current collector which has a specific heat capacity of 896 J/kg°C (see Aerospace Specification Metal reference) and has a density of 2710kg/m3, as evidenced by Thyssenkrupp (p 1). Example 1 of Ogawa discloses L=0.6m, W=0.05m. Thus, Inagaki in view of Ogawa teaches the following values for the claimed A value: (0.000015 m) x (2710kg/m3) x (896 J/kg°C) x (1.35 x 0.6m)/0.05m = 590 This value falls within the claimed range of 3-850. Inagaki discloses that electrode tabs are disposed on opposite ends of the electrode group in a first direction corresponding to the length of the tabs. With regard to claim 5, the width direction of the tabs corresponds to the claimed second direction and is perpendicular to the first direction. With regard to claim 6 the thickness, density and specific heat capacity of the positive electrode current collector are all met as noted above. With regard to the ratio of L/w being in the range of 0-30, The values of length and width suggested by Ogawa are L=0.6m, W=0.05m which yields a L/W ratio of 12. With regard to claim 7, see above. With regard to claim 8, the positive electrode active material layer taught by Inagaki can be formed of material including lithium-transition metal phosphate (see para [0040]). Thus, it would have been obvious to choose Fe from the groups of known transition metals in view of the apparent suitability of all transition metals. The negative electrode active material comprises graphite or carbon (see para [0041]). With regard to claim 9 and 20, Abe discloses that the battery is a rectangular battery, as shown in Figure 2. With regard to claims 11, see Figure 1 and “casing” layers 22 and para [0064]. With regard to claim 12, Abe discloses an encapsulation film (see PP layer in laminate packaging in para [0059]). With regard to claims 13-15, see Figures 1 and 5. With regard to claims 14-15, Inagaki discloses a vehicle comprising a battery pack as detailed above (see Figs 9-11 and para [0207]). Response to Arguments Applicant’s arguments with respect to claim(s) 1-2,5-9,11-15 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY RICKMAN whose telephone number is (571)272-1514. The examiner can normally be reached Mon, Tues, Thurs, 9am-3pm ET. 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, Mark Ruthkosky can be reached at 571-272-1291. 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. /Holly Rickman/ Primary Examiner, Art Unit 1785
Read full office action

Prosecution Timeline

Nov 29, 2022
Application Filed
Oct 30, 2025
Non-Final Rejection mailed — §103, §112
Jan 28, 2026
Response Filed
Apr 09, 2026
Final Rejection mailed — §103, §112
Jun 01, 2026
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12706238
INDUCTOR
4y 11m to grant Granted Aug 11, 2026
Patent 12679070
MULTILAYER STRUCTURE FOR A BATTERY ENCASEMENT
3y 9m to grant Granted Jul 14, 2026
Patent 12676306
LITHIUM METAL COMPOSITE OXIDE, POSITIVE ELECTRODE ACTIVE MATERIAL FOR LITHIUM SECONDARY BATTERIES, POSITIVE ELECTRODE AND LITHIUM SECONDARY BATTERY
5y 1m to grant Granted Jul 07, 2026
Patent 12676374
CYLINDRICAL BATTERY MODULE
3y 3m to grant Granted Jul 07, 2026
Patent 12658515
COMPOSITE COVER AND METHOD OF MANUFACTURING THE COVER
4y 5m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
93%
With Interview (+22.5%)
2y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 581 resolved cases by this examiner. Grant probability derived from career allowance 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