Prosecution Insights
Last updated: May 29, 2026
Application No. 18/025,383

BATTERY PACK AND DEVICE INCLUDING THE SAME

Non-Final OA §102§103
Filed
Mar 08, 2023
Priority
Apr 27, 2021 — RE 10-2021-0054358 +2 more
Examiner
CHANDLER, KAITY V
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution, Ltd.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
1m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
396 granted / 625 resolved
-1.6% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
11 currently pending
Career history
643
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
76.5%
+36.5% vs TC avg
§102
9.1%
-30.9% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 625 resolved cases

Office Action

§102 §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 . Election/Restrictions Applicant’s remarks regarding the traversal of the restriction requirement are convincing. Therefore, the restriction requirement has been withdrawn. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “452” has been used twice in Figure 8 to designate two different elements. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 203481341 (to Sasaki et al.) – translation attached and relied upon below. With respect to claim 1, Sasaki teaches a battery pack comprising: a plurality of battery modules (Figure 2, 1); and a pack case (5) for housing the plurality of battery modules (1), wherein the pack case comprises an upper case (5a), and wherein the battery pack further comprises at least one heat radiating member (3) formed so as to make contact with the upper case (5a) (as illustrated). With respect to claim 12, Sasaki teaches wherein a device/(hybrid automobile) comprising the battery pack of claim 1 (para. [0003]). Claims 1, 8-10 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CN 113889687 (to Lee) – translation attached and relied upon below. With respect to claim 1, Lee teaches a battery pack (Figure 5) comprising: a plurality of battery modules (10a/10b); and a pack case (30) for housing the plurality of battery modules (10a/10b), wherein the pack case (30) comprises an upper case (30) (Figure 5), and wherein the battery pack further comprises at least one heat radiating member (40a & 40b) formed so as to make contact with the upper case (30) (as illustrated). With respect to claim 8, Lee teaches wherein: the battery module (Figure 5) (10a/10b) comprises a module frame (outer shell thereof), the module frame comprises an upper frame and a side surface frame (as illustrated), wherein the at least one heat radiating member (40b) makes contact with the upper frame surface, and wherein the at least one heat radiating member (40a) makes contact with the side surface frame (as illustrated). With respect to claim 9, Lee teaches wherein: the at least one heat radiating member (40a & 40b) is formed between adjacent battery modules (10a/10b) among the plurality of battery modules (as illustrated in Figures 4-5). With respect to claim 10, Lee teaches wherein: the at least one heat radiating member (40) is a plurality of heat radiating members (40) (as illustrated in Figures 4-5), a first surface of each of the plurality of heat radiating members (40a) makes contact with the side surface frame of one of the adjacent battery modules (10a/10b) (as illustrated), and the first surfaces of the plurality of heat radiating members (40a) face each other (as illustrated in Figures 4-5). With respect to claim 12, Lee teaches wherein a device/(vehicle) comprising the battery pack of claim 1 (Abstract). Claims 1, 8-10 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2022055088 (to Yoon et al.) – translation attached and relied upon below. With respect to claim 1, Yoon teaches a battery pack (Figures 1-2) comprising: a plurality of battery modules (100); and a pack case (500) for housing the plurality of battery modules (1), wherein the pack case (500) comprises an upper case (510) (Figure 6), and wherein the battery pack further comprises at least one heat radiating member (220a & 220b) formed so as to make contact with the upper case (510) (as illustrated). With respect to claim 8, Yoon teaches wherein: the battery module (Figure 6) (100) comprises a module frame (121 & 124) (Figure 4), the module frame (121 & 124) comprises an upper frame (121) and a side surface frame (124) (as illustrated), wherein the at least one heat radiating member (220b) makes contact with the upper frame (121) surface (Figures 4 & 6), and wherein the at least one heat radiating member (220a) makes contact with the side surface frame (124) (as illustrated in Figures 4 & 6). With respect to claim 9, Yoon teaches wherein: the at least one heat radiating member (220a & 220b) is formed between adjacent battery modules (100) among the plurality of battery modules (100) (as illustrated in Figures 1 - 6). With respect to claim 10, Yoon teaches wherein: the at least one heat radiating member (220a & 220b) is a plurality of heat radiating members (as illustrated in Figures 1 - 6), a first surface of each of the plurality of heat radiating members (220a) makes contact with the side surface frame (124) of one of the adjacent battery modules (100) (as illustrated), and the first surfaces of the plurality of heat radiating members (220a) face each other (as illustrated in Figures 5-6). With respect to claim 12, Yoon teaches wherein a device/(vehicle) comprising the battery pack of claim 1 (page 2). Claims 1, 8-10 and 12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WO 2022055130 (to Yoon et al.) – translation attached and relied upon below. Since WO 2022055130 has similar drawings to WO 2022055088, the rejection of claims 1, 8-10 and 12 as anticipated by WO 2022055130 is similar to the rejection made to claims 1, 8-10 and 12 as anticipated by WO 2022055088 set forth above. Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2012204129 A (to Wakizaka et al.) – translation attached and relied upon. With respect to claim 1, Wakizaka teaches a battery pack comprising: a plurality of battery modules (Figure 1, 1); and a pack case (4 & 15) for housing the plurality of battery modules (1), wherein the pack case (4 & 15) comprises an upper case (15) - (rotating the battery pack would provide that plates (15) would be positioned above and below the stack of battery cells (1)), and wherein the battery pack further comprises at least one heat radiating member (2) formed so as to make contact with the upper case (15) (as illustrated). With respect to claim 2, Wakizaka teaches wherein: the at least one heat radiating member (2) comprises a recessed part (as illustrated in Figure 3), and a cooling pad (9) is formed in the recessed part – the recessed part comprises the space between walls (12) (as illustrated). With respect to claim 3, Wakizaka teaches wherein: the cooling pad (9) is fitted in the recessed part, and the cooling pad (9) is formed to have the same size as the recessed part (as illustrated in Figure 3). With respect to claim 4, Wakizaka teaches wherein: the cooling pad (9) is formed of a silicone-based (page 3, lines 2-4) or acrylic-based material. With respect to claim 5, Wakizaka teaches wherein: the at least one heat radiating member (2) is bent at a right angle (as illustrated in Figures 1 and 3), and a plurality of fastening parts (29 & 30) are further included in a second region, the second region contacting the upper case (15) (as illustrated). 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 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2012204129 A (to Wakizaka et al.), as applied to claim 5 above, and further in view of CN 203481341 (to Sasaki et al.) – translation attached and relied upon. With respect to claim 6, Wakizaka discloses all claim limitations as set forth above but fails to teach wherein each of the plurality of fastening parts comprises a bolt member and a nut member, and wherein the nut member is located and coupled at a lower end of bolt member. Sasaki teaches a battery pack comprising: a plurality of battery modules (Figure 2, 1); and a pack case (5) for housing the plurality of battery modules (1), wherein the pack case comprises an upper case (5a), and wherein the battery pack further comprises at least one heat radiating member (8 & 9) formed so as to make contact with the upper case (5a) (as illustrated); and a plurality of fastening parts (13 & 16), wherein each of the plurality of fastening parts (13 & 16) comprises a bolt member (16) and a nut member (13), and wherein the nut member (13) is located and coupled at a lower end of bolt member (16) in order to secure the heat radiating members (8 & 9) to the upper case (5a) (as illustrated). It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to provide a plurality of fastening parts in the apparatus of Wakizaka, wherein each of the plurality of fastening parts comprises a bolt member and a nut member, and wherein the nut member is located and coupled at a lower end of the bolt member, as taught by Sasaki, in order to secure the heat radiating members to the upper case. With respect to claim 7, Sasaki further teaches wherein: when the bolt member (16) and the nut member (13) are coupled, the nut member (13) rises and the at least one heat radiating member (8 & 9) is brought into contact with the upper case (5a) (as illustrated). Claims 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2012204129 A (to Wakizaka et al.), as applied to claims 1-2 above, and further in view of Kuramitsu et al. (US 2020/0058912). With respect to claim 8, Wakizaka discloses all claim limitations as set forth above including wherein: the battery module (1) comprises a module frame (shell/casing containing each battery module (1)), the module frame (shell/casing) comprises an upper frame and a side surface frame (as illustrated), wherein the at least one heat radiating member (2) makes contact with the side surface frame (as illustrated in Figures 1 & 3); however, Wakizaka fails to teach wherein the at least one heat radiating member (2) makes contact with the upper frame surface. Kuramitsu teaches a plurality of battery modules (12a, 12b) (Figure 9) wherein each battery module (12a, 12b) comprises a module frame/(can (18)) (Figure 7), the module frame (18) comprises an upper frame (top surface) and a side surface frame (side surface) (as illustrated), and at least one heat radiating member (58 & 46 & 14 & 40) (Figure 9) makes contact with the upper frame (top surface of can (18)) and a side surface frame (side surface of can (18)) in order to provide maximum contact for optimal thermal energy transfer/absorption. It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to have the at least one heat radiating member (2) in Wakizaka make contact with the upper frame surface of battery modules (1), as taught by Kuramitsu, in order to provide maximum contact for optimal thermal energy transfer/absorption. With respect to claim 9, Wakizaka teaches wherein: the at least one heat radiating member (2) is formed between adjacent battery modules (1) among the plurality of battery modules (1) (as illustrated in Figures 1 & 3). With respect to claim 10, Wakizaka teaches wherein: the at least one heat radiating member (2) is a plurality of heat radiating members (2) (as illustrated in Figures 1 & 3 & 8), a first surface of each of the plurality of heat radiating members (2) makes contact with the side surface frame/(exterior of battery (1)) of one of the adjacent battery modules (1) (as illustrated), and the first surfaces of the plurality of heat radiating members (2) face each other (as illustrated – Figure 8 illustrates wherein the inner surfaces of heat radiating members (2) face each other). With respect to claim 11, Wakizaka discloses all claim limitations as set forth above including wherein: the at least one heat radiating member (2) (Figures 1 & 3) comprises: a frame member that includes a first frame (8) and a second frame (12) connected to each other, wherein an inner surface of the first frame (8) and an inner surface of the second frame (12) are folded to face each other (as illustrated). Wakizaka fails to teach a first heat insulating member attached to an outer surface of the first frame; a second heat insulating member attached to an outer surface of the second frame; a central heat insulating member located between the inner surface of the first frame and the inner surface of the second frame; a first heat dispersion member located between the inner surface of the first frame and the central heat insulating member; and a second heat dispersion member located between the inner surface of the second frame and the central heat insulating member. Kuramitsu teaches an apparatus comprising a plurality of battery modules (12a, 12b) (Figure 9), and at least one heat radiating member (58 & 46 & 14 & 40) (Figure 9) comprising: a frame member that includes a first frame (14c & 56 & 40 & 14) and a second frame (14d) connected to each other (as illustrated), wherein an inner surface of the first frame (14c & 56 & 40 & 14) and an inner surface of the second frame (14d) are folded to face each other (as illustrated); Kuramitsu further teaches a first heat insulating member (42) (Figure 21B) attached to an outer surface of the first frame (14c & 56 & 40 & 14); a second heat insulating member (42) attached to an outer surface of the second frame (14d); – insulation member (42) is wrapped around the battery module frame (can (18)) (para. [0051]) which, when the heat radiation member is inserted between the battery modules, would place the insulation member (42) at an outer surface of the first frame (14c & 56 & 40 & 14) and second frame (14d) (as illustrated), respectively; a central heat insulating member/(heat transfer suppression member (340)) located between the inner surface of the first frame and the inner surface of the second frame – the same applies to heat transfer suppression member (340); a first heat dispersion member (351a) located between the inner surface of the first frame and the central heat insulating member/(heat transfer suppression member (340)); and a second heat dispersion member (351b) located between the inner surface of the second frame and the central heat insulating member/(heat transfer suppression member (340)) (para. [0192]-[0193]) – [the same applies to first and second heat dispersion members (351a & 351b)] in order to minimize damage to adjacent battery modules in case of a thermal-runaway event. It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to provide a first heat insulating member attached to an outer surface of the first frame; a second heat insulating member attached to an outer surface of the second frame; a central heat insulating member located between the inner surface of the first frame and the inner surface of the second frame; a first heat dispersion member located between the inner surface of the first frame and the central heat insulating member; and a second heat dispersion member located between the inner surface of the second frame and the central heat insulating member in the apparatus of Wakizaka, as taught by Kuramitsu, in order to minimize damage to adjacent battery modules in case of a thermal-runaway event. Relevant Art Relevant art has been cited in the attached PTO-892. The prior art of CN 109524593 B (to Wang et al.) teaches a battery pack (Figure 6) comprising: a plurality of battery modules (211); and a pack case for housing the plurality of battery modules (as illustrated in Figure 1), wherein the pack case comprises an upper case/(plate 24) (Figure 6), and wherein the battery pack further comprises at least one heat radiating member (212) formed so as to make contact with the upper case/(plate (24)). The prior art of Goldman et al. (US 20230082249 A1) teaches a battery pack (Figure 2, 200) comprising a plurality of battery modules (202) and a heat radiating member (in Figure 8C & 9A) (recessed plate) for holding phase change material (para. [0083]-[0085]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITY V CHANDLER whose telephone number is (571)272-8520. The examiner can normally be reached M-F 9:00AM-6:00PM. 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, BASIA RIDLEY can be reached at 571-272-1453. 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. /KAITY V CHANDLER/ 5/13/2026Primary Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Mar 08, 2023
Application Filed
Jan 09, 2026
Examiner Interview Summary
Jan 09, 2026
Examiner Interview (Telephonic)
May 19, 2026
Non-Final Rejection mailed — §102, §103 (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

1-2
Expected OA Rounds
63%
Grant Probability
88%
With Interview (+24.4%)
3y 4m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 625 resolved cases by this examiner. Grant probability derived from career allowance rate.

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