Prosecution Insights
Last updated: August 06, 2026
Application No. 18/052,393

BATTERY PACK AND METHOD

Non-Final OA §103
Filed
Nov 03, 2022
Priority
Nov 03, 2021 — EU 21206141.0
Examiner
BUCHANAN, JACOB
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Valmet Automotive Ev Power OY
OA Round
3 (Non-Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
338 granted / 605 resolved
-9.1% vs TC avg
Strong +44% interview lift
Without
With
+44.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
24 currently pending
Career history
638
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
56.5%
+16.5% vs TC avg
§102
13.7%
-26.3% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 605 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/4/2026 has been entered. This office action addresses pending claims 1-15. Claims 1 and 15 were amended in the response filed 3/23/2026 and entered 5/4/2026. 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) 1-11 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeKeuster et al. (US 2016/0093849) in view of Karditsas et al. (US 2017/0098855), Kim (US 2011/0135985), Okada et al. (US 2008/0160395), and Maguire et al. (US 2019/0312243). Regarding claim 1, DeKeuster discloses a battery module 28 (battery pack) including a housing 62 for packaging or containing a plurality of battery cells 90 ([0044]). The housing 62 has an interior surface 98, and has sides (first interior surface and second interior surface) opposite each other ([0053], Fig 4). The cells 90 are arranged in a cell stack 92, and in certain embodiments, a spacer 94 (e.g., one or more) may be used between each battery cell 90 of the cell stack 92 to separate the battery cells 90 from one another ([0048]). The spacers 94 (spacer system) may be of an suitable form, including discrete layers, adhesive strips, tabs, or the like ([0048]). The spacers (e.g., adhesive strips, adhesive tabs, rubber bands) may only cover a portion of the conductive surface of the battery cells 90, and in these situations an additional type of spacer may be disposed around the surfaces of the battery cells 90 ([0049]). One or more retaining walls 100 [first end spacer and second end spacer] may be provided at the ends 102 (a first end 105 and second end 107 opposite the first end 105) of the cell stack 92 to generate a compress cell assembly 103 ([0053]). The cell stack 92, spacers 94, retaining walls are inserted into the opening 96 of the housing, and can be compressed before being inserted ([0051]-[0053]). By compressing the cell stack 92 before inserting the cell stack 92 in the housing 62, the housing 62 maintains a sufficient compression force on the battery cells 90 ([0052]) (configured to limit expansion of the cell stack and withstand swelling forces of the plurality of battery cells). With regards to the at least one elastic pad between the plurality of battery cells, DeKeuster teaches that spacers 94 may be used in combination (“an additional type of spacer”) and may be compressed with the cell stack ([0049],[0051]), however, DeKeuster does not explicitly disclose at least one elastic pad between the plurality of battery cells. Karditsas discloses a battery pack including a battery housing and cells 20 disposed in a stacked configuration (abstract). Elastic members 30,330 (elastic pads) are disposed between adjacent cells of the cell stack (abstract, Figs 2, 6, 10). Elastic members are formed as plates and is configured to serve as a compressing spring to provide a predetermined compression force to adjacent cells (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the elastic members (elastic pads) between the cells of Karditsas with the spacers of DeKeuster for the purpose of providing a compression force to the adjacent cells. While DeKeuster discloses spacers 94 (and therefore a spacer system), modified DeKeuster does not explicitly disclose wherein the spacer system comprises one or more guide members configured to support and stiffen the cell stack when compressed. Kim discloses a secondary battery and a battery spacer, wherein the battery module includes a plurality of unit cells 110 separated by battery spacers 120 (abstract, [0058]-[0059]). In an embodiment, the battery spacer 120 has includes a base portion 121, a wing portion 122, and a fastening portion 123 ([0059]). The fastening portions 123 (guide members) include fastening projections 123a and fastening recess 123b disposed on opposite ends of a wing portion 122 ([0062], Fig 1B) wherein the fastening projection 123a is designed to fit within a fastening recess 123b of an adjacent battery spacer 120 ([0062], Fig 1B-C). In an alternative embodiment, the battery spacer 220 includes a base portion 221, a wing portion 222, and a fastening portion 223, wherein the fastening portion 223 (guide members) includes a first fastening portion 223a and a second fastening portion 223b that are narrow plates that are designed to fit within the corresponding and neighboring fastening portion ([0070], Fig 2A-C). Kim discloses an additional embodiment where the fastening members 323a/b have a plate shape with a fastening ridge 323c and fastening valley 323d ([0079], Fig 3B). Kim teaches that the fastening portions (guide members) couple the battery spacers together (abstract), and allows for ease of modularization as well as accommodating swelling of the batteries ([0118]-[0119]). Therefore, the fastening members support and/or stiffen the stack when compressed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the fastening portions of the spacers of Kim with the spacers of DeKeuster for the purpose of coupling the spacers together, allowing ease of modularization, and accommodating swelling of the batteries. With regards to the limitation of “wherein an X axis of the cell stack is extending through the length of the cell stack, a Z axis is extending through the height of the cell stack, and a Y axis is extending through a width of the cell stack”, DeKeuster discloses a cell stack 92, wherein an X axis can be defined as the length of the cell stack (arrow 40), the Z axis can be defined as the height of the cell stack (arrow 42), and the Y axis can be defined as the width of the cell stack (arrow 44) (Fig 4). With regards to the limitation of “wherein when the cell stack is compressed to its shortest position, cell stack movement is configured to be locked in the direction of the X, Y, and Z axis; and when the cell stack is not compressed to its shortest position, cell stack movement is configured to be allowed in the direction of the X axis”, it is noted this limitation is functional claiming as the limitation describes what occurs rather than by what the structure is (see MPEP 2173.05g). Further, the instant specification attributes this function to the guide members (“when the cell stack is compressed to its shortest position, guide member movement is configured to be locked in the directions of the X, Y, and Z axis. When the cell stack is not compressed to its shortest position, cell stack movement is configured to be allowed in the direction of the X axis” [0049]; and “guide member 17 may allow the cell stack 2 to be lengthwise compressible and it may make the cell stack 2 rigid when it compressed smaller than the housing structure dimension” [0082]). Therefore, it is considered that guide members limit the movement in the X, Y, and Z axis when the cell stack is compressed, and allow for the cell stack movement in the direction of the X axis when the cell stack is not compressed. While Kim teaches the fastening portions 123/223/323 and fastening projections 123a/223a/323a and fastening recesses 123b/223b/323b (guide members) connect the battery spacers together ([0062], [0070], [0079]), and thereby would allow for locking in the X axis when compressed and unlocked in the X axis when not compressed, modified DeKeuster does not explicitly disclose wherein the guide members also lock the cell stack movement in the Y and Z direction when compressed. Okada discloses a battery pack 300 including a plurality of battery cells (abstract). In an embodiment, separators 20C (spacers) have projections 42 and grooves 43 that are linked with projections and grooves of an adjacent separator 20C or end plate 30C ([0061]-[0062], Figs 9-12). Okada teaches that the projections and grooves strengthen the connection between the separators and end plate ([0062]). The projections 42 and grooves 43 create an interlocking structure ([0061]) and therefore prevent movement in the vertical (Z axis) and width (Y axis) directions of the cell stack. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of having matching interlocking projections and grooves on the separators/spacers and end plates of Okada with the spacers and fastening portions of DeKeuster modified by Kim for the purpose of strengthening the connection between the spacers/separators and the end plate. Therefore, the combination of having matching interlocking projections and grooves on the separators/spacers and end plate of Okada with the spacers and fastening portions of DeKeuster modified by Kim result in locked cell stack movement in the X, Y, and Z axis when the stack is compressed, and unlocked in the X axis when the stack is not compressed. However, while DeKeuster teaches that the stack can compressed and then inserted into the housing 62 ([0052]), modified DeKeuster does not explicitly disclose: the cell stack is compressed from the first end spacer and the second end spacer to install the cell stack partly or half way into the housing, the compression is released, and the cell stack is pressed down from a cell stack top part into a bottom of the housing. Maguire discloses a method of compressing a cell stack 56, which itself includes at least one battery cell 58 and a support plate 68,70 [end spacers] spaced-apart from an upper surface of the cell, and inserting the cell stack into a pocket 66A,66B of a structural assembly 60 by applying a force to the support plate (abstract, Fig 2). In order to insert the cell stacks 56 into the respective pocket 66A,66B, the cell stacks 56 are first compressed from opposed ends of the stack with compressive force FC [compressed from the first and second end spacer] ([0047], Fig 3). The cell stack is inserted into a respective pocket by a downward force FD at a cell stack top part [pressed down from a cell stack top part into a bottom of the housing] ([0047]). The cell stack 56 would not fit within the pocket 66A without the compressive force FC, and when inserted into the pocket, the sidewalls 64 continue to apply a compressive force which may be different [weaker] than the compressive force applied ([0056], Fig 4). A plunger 88 applies the downward force FD ([0056], Fig 4). As the cell stack 56 is partially inserted into the pocket 66A, the portion of the cell stack within the pocket does not directly have the compressive force FC applied, and therefore the compression is configured to be released ([0062], Fig 6). Further, because there is a space between where the compression rig 72 holds the stack 56 above the pocket 66A, the cell stack 56 is released from the compressive force FC before the plunger 88 presses the cell stack fully into the pocket because the cell stack will pass the edges of the compression rig 72 before fully inserted into the pocket (see Fig 6). The plunger 88 continues to apply the downward force FD until the cell stack 56 is fully inserted into the pocket 66A ([0063], Figs 6-7). Maguire teaches the process allows for inserting a cell stack into a structural assembly without damaging the battery cells ([0031], [0065]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to inserting method (including compressing from the sides, pressed down partly, compression released, pressed down fully) as taught by Maguire with the process of modified DeKeuster for the purpose of inserting a cell stack into an assembly without damaging the battery cells. Regarding claim 2, modified DeKeuster discloses all of the claim limitations as set forth above. As DeKeuster teaches that the cell stack is compressed ([0051]-[0052]) and Kim teaches that the fastening members (guide members) connect the spacers together (abstract, Fig 1C), the fastening members (guide members) contact and support the cell stack in the X, Y, and Z axis directions. Regarding claim 3, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the stack with retaining walls 100/120/124 is compressed and inserted into the opening of the housing 62 ([0053]-[0057]). Therefore, the retaining walls (first end spacer and second spacer) comprising a sliding surface to be set against the first and second interior surfaces of the housing when the cell stack is configured to be inserted into the battery pack, because the retaining walls are inserted and therefore slide. Regarding claim 4, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the stack with retaining walls 100/120/124 is compressed and inserted into the opening of the housing 62 ([0053]-[0057]) and Kim teaches that the fastening members (guide members) connect the spacers together (abstract, Fig 1C), the spacer system (including the guide members) is configured to act as an adapter to guide the cell stack when the cell stack is configured to be inserted into the housing. It is noted that the limitation of “configured to act as an adapter” is functional claiming (see MPEP 2173.05g). Regarding claim 5, modified DeKeuster discloses all of the claim limitations as set forth above. Karditsas further teaches in an embodiment where elastic members 30 are provided on the outside of the outermost cells ([0043], Fig 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add elastic members to the outward facing side of the outermost cells as taught by Karditsas with between the cell stack and retaining walls of DeKeuster for the purpose of providing a compression force to the outermost battery cells. Regarding claim 6, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the spacers 94 are between the battery cells ([0048]), and Kim teaches that the spacers 120 have wing portions 122 (and therefore on the sides of the cells) ([0059]). Therefore, the combination has side spacers (wing portions) and cell spacers (between the cells). Regarding claim 7, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the spacers 94 are between the battery cells ([0048]). Regarding claim 9, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the cell stack 92 includes a bottom cell set side, first cell set side, and a second cell set side (see Fig 4, and the bottom of the stack, and the sides in the arrow 44 direction). Kim teaches that the spacers 120 have wing portions 122, and therefore at least partly cover one side of the cell set ([0059], Fig 1C). Regarding claims 8 and 10, modified DeKeuster discloses all of the claim limitations as set forth above. While Kim teaches the fastening portions 123/223/323 and fastening projections 123a/223a/323a and fastening recesses 123b/223b/323b (guide members) connect the battery spacers together ([0062], [0070], [0079]), modified DeKeuster does not explicitly disclose wherein the guide members also connect the cell spacer/side spacer to the first or second end spacer. Okada discloses a battery pack 300 including a plurality of battery cells (abstract). In an embodiment, separators 20C (spacers) have projections 42 and grooves 43 that are linked with projections and grooves of an adjacent separator 20C or end plate 30C ([0061]-[0062], Figs 9-12). Okada teaches that the projections and grooves strengthen the connection between the separators and end plate ([0062]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of having matching projections and grooves on the end plates that correspond to separators/spacers of Okada with the spacers and fastening portions of DeKeuster modified by Kim for the purpose of strengthening the connection between the spacers/separators and the end plate. Regarding claim 11, modified DeKeuster discloses all of the claim limitations as set forth above. Kim teaches that the spacers 120 have wing portions 122 that at least partly cover the first cell set side and the second cell set side ([0059], see Fig 1C). Regarding claim 14, modified DeKeuster discloses all of the claim limitations as set forth above. DeKeuster teaches that the spacers 94 can be in the form of strips ([0048]-[0049]). As the strips are between the cells within the housing 62, the strips face towards the housing interior surfaces. Regarding claim 15, DeKeuster discloses a battery module 28 (battery pack) including a housing 62 for packaging or containing a plurality of battery cells 90 ([0044]). The housing 62 has an interior surface 98, and has sides (first interior surface and second interior surface) opposite each other ([0053], Fig 4). The cells 90 are arranged in a cell stack 92, and in certain embodiments, a spacer 94 (e.g., one or more) may be used between each battery cell 90 of the cell stack 92 to separate the battery cells 90 from one another ([0048]). The spacers 94 (spacer system) may be of an suitable form, including discrete layers, adhesive strips, tabs, or the like ([0048]). The spacers (e.g., adhesive strips, adhesive tabs, rubber bands) may only cover a portion of the conductive surface of the battery cells 90, and in these situations an additional type of spacer may be disposed around the surfaces of the battery cells 90 ([0049]). One or more retaining walls 100 [first end spacer and second end spacer] may be provided at the ends 102 (a first end 105 and second end 107 opposite the first end 105) of the cell stack 92 to generate a compress cell assembly 103 ([0053]). The cell stack 92, spacers 94, retaining walls are inserted into the opening 96 of the housing, and can be compressed before being inserted ([0051]-[0053]) (compressing the cell stack…inserting the cell stack with within the housing of the battery pack). By compressing the cell stack 92 before inserting the cell stack 92 in the housing 62, the housing 62 maintains a sufficient compression force on the battery cells 90 ([0052]) (configured to limit expansion of the cell stack and withstand swelling forces of the plurality of battery cells). With regards to the at least one elastic pad between the plurality of battery cells, DeKeuster teaches that spacers 94 may be used in combination (“an additional type of spacer”) and may be compressed with the cell stack ([0049],[0051]), however, DeKeuster does not explicitly disclose at least one elastic pad between the plurality of battery cells. Karditsas discloses a battery pack including a battery housing and cells 20 disposed in a stacked configuration (abstract). Elastic members 30,330 (elastic pads) are disposed between adjacent cells of the cell stack (abstract, Figs 2, 6, 10). Elastic members are formed as plates and is configured to serve as a compressing spring to provide a predetermined compression force to adjacent cells (abstract). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the elastic members (elastic pads) between the cells of Karditsas with the spacers of DeKeuster for the purpose of providing a compression force to the adjacent cells. While DeKeuster discloses spacers 94 (and therefore a spacer system), modified DeKeuster does not explicitly disclose wherein the spacer system comprises one or more guide members configured to support and stiffen the cell stack when compressed. Kim discloses a secondary battery and a battery spacer, wherein the battery module includes a plurality of unit cells 110 separated by battery spacers 120 (abstract, [0058]-[0059]). In an embodiment, the battery spacer 120 has includes a base portion 121, a wing portion 122, and a fastening portion 123 ([0059]). The fastening portions 123 (guide members) include fastening projections 123a and fastening recess 123b disposed on opposite ends of a wing portion 122 ([0062], Fig 1B) wherein the fastening projection 123a is designed to fit within a fastening recess 123b of an adjacent battery spacer 120 ([0062], Fig 1B-C). In an alternative embodiment, the battery spacer 220 includes a base portion 221, a wing portion 222, and a fastening portion 223, wherein the fastening portion 223 (guide members) includes a first fastening portion 223a and a second fastening portion 223b that are narrow plates that are designed to fit within the corresponding and neighboring fastening portion ([0070], Fig 2A-C). Kim discloses an additional embodiment where the fastening members 323a/b have a plate shape with a fastening ridge 323c and fastening valley 323d ([0079], Fig 3B). Kim teaches that the fastening portions (guide members) couple the battery spacers together (abstract), and allows for ease of modularization as well as accommodating swelling of the batteries ([0118]-[0119]). Therefore, the fastening members support and/or stiffen the stack when compressed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the fastening portions of the spacers of Kim with the spacers of DeKeuster for the purpose of coupling the spacers together, allowing ease of modularization, and accommodating swelling of the batteries. With regards to the limitation of “wherein an X axis of the cell stack is extending through the length of the cell stack, a Z axis is extending through the height of the cell stack, and a Y axis is extending through a width of the cell stack”, DeKeuster discloses a cell stack 92, wherein an X axis can be defined as the length of the cell stack (arrow 40), the Z axis can be defined as the height of the cell stack (arrow 42), and the Y axis can be defined as the width of the cell stack (arrow 44) (Fig 4). With regards to the limitation of “wherein when the cell stack is compressed to its shortest position, cell stack movement is configured to be locked in the direction of the X, Y, and Z axis; and when the cell stack is not compressed to its shortest position, cell stack movement is configured to be allowed in the direction of the X axis”, it is noted this limitation is functional claiming as the limitation describes what occurs rather than by what the structure is (see MPEP 2173.05g). Further, the instant specification attributes this function to the guide members (“when the cell stack is compressed to its shortest position, guide member movement is configured to be locked in the directions of the X, Y, and Z axis. When the cell stack is not compressed to its shortest position, cell stack movement is configured to be allowed in the direction of the X axis” [0049]; and “guide member 17 may allow the cell stack 2 to be lengthwise compressible and it may make the cell stack 2 rigid when it compressed smaller than the housing structure dimension” [0082]). Therefore, it is considered that guide members limit the movement in the X, Y, and Z axis when the cell stack is compressed, and allow for the cell stack movement in the direction of the X axis when the cell stack is not compressed. While Kim teaches the fastening portions 123/223/323 and fastening projections 123a/223a/323a and fastening recesses 123b/223b/323b (guide members) connect the battery spacers together ([0062], [0070], [0079]), and thereby would allow for locking in the X axis when compressed and unlocked in the X axis when not compressed, modified DeKeuster does not explicitly disclose wherein the guide members also lock the cell stack movement in the Y and Z direction when compressed. Okada discloses a battery pack 300 including a plurality of battery cells (abstract). In an embodiment, separators 20C (spacers) have projections 42 and grooves 43 that are linked with projections and grooves of an adjacent separator 20C or end plate 30C ([0061]-[0062], Figs 9-12). Okada teaches that the projections and grooves strengthen the connection between the separators and end plate ([0062]). The projections 42 and grooves 43 create an interlocking structure ([0061]) and therefore prevent movement in the vertical (Z axis) and width (Y axis) directions of the cell stack. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of having matching interlocking projections and grooves on the separators/spacers and end plates of Okada with the spacers and fastening portions of DeKeuster modified by Kim for the purpose of strengthening the connection between the spacers/separators and the end plate. Therefore, the combination of having matching interlocking projections and grooves on the separators/spacers and end plate of Okada with the spacers and fastening portions of DeKeuster modified by Kim result in locked cell stack movement in the X, Y, and Z axis when the stack is compressed, and unlocked in the X axis when the stack is not compressed. However, while DeKeuster teaches that the stack can compressed and then inserted into the housing 62 ([0052]), modified DeKeuster does not explicitly disclose: the cell stack is compressed from the first end spacer and the second end spacer to install the cell stack partly or half way into the housing, the compression is released, and the cell stack is pressed down from a cell stack top part into a bottom of the housing. Maguire discloses a method of compressing a cell stack 56, which itself includes at least one battery cell 58 and a support plate 68,70 [end spacers] spaced-apart from an upper surface of the cell, and inserting the cell stack into a pocket 66A,66B of a structural assembly 60 by applying a force to the support plate (abstract, Fig 2). In order to insert the cell stacks 56 into the respective pocket 66A,66B, the cell stacks 56 are first compressed from opposed ends of the stack with compressive force FC [compressed from the first and second end spacer] ([0047], Fig 3). The cell stack is inserted into a respective pocket by a downward force FD at a cell stack top part [pressed down from a cell stack top part into a bottom of the housing] ([0047]). The cell stack 56 would not fit within the pocket 66A without the compressive force FC, and when inserted into the pocket, the sidewalls 64 continue to apply a compressive force which may be different [weaker] than the compressive force applied ([0056], Fig 4). A plunger 88 applies the downward force FD ([0056], Fig 4). As the cell stack 56 is partially inserted into the pocket 66A, the portion of the cell stack within the pocket does not directly have the compressive force FC applied, and therefore the compression is configured to be released ([0062], Fig 6). Further, because there is a space between where the compression rig 72 holds the stack 56 above the pocket 66A, the cell stack 56 is released from the compressive force FC before the plunger 88 presses the cell stack fully into the pocket because the cell stack will pass the edges of the compression rig 72 before fully inserted into the pocket (see Fig 6). The plunger 88 continues to apply the downward force FD until the cell stack 56 is fully inserted into the pocket 66A ([0063], Figs 6-7). Maguire teaches the process allows for inserting a cell stack into a structural assembly without damaging the battery cells ([0031], [0065]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to inserting method (including compressing from the sides, pressed down partly, compression released, pressed down fully) as taught by Maguire with the process of modified DeKeuster for the purpose of inserting a cell stack into an assembly without damaging the battery cells. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeKeuster et al. (US 2016/0093849) in view of Karditsas et al. (US 2017/0098855), Kim (US 2011/0135985), Okada et al. (US 2008/0160395), and Maguire et al. (US 2019/0312243), as applied to claim 9 above, and further in view of Fujii (US 2015/0144409). Regarding claim 12, modified DeKeuster discloses all of the claim limitations as set forth above. While DeKeuster teaches that the spacers 94 are between the battery cells ([0048]), and Kim teaches that the spacers 120 have wing portions 122 (and therefore on the sides of the cells) ([0059]), modified DeKeuster does not explicitly disclose wherein the spacer system comprises a first side spacer and a second side spacer, wherein the first side spacer is covering at least partly at least one of the first cell set side and the bottom cell set side, and wherein the second side spacer is covering at least partly at least one of the second cell set side and the bottom cell set side. Fujii discloses a power supply device 100 comprising a plurality of battery cells 1 (abstract). The battery cells are arranged in a stack wherein spacers 15 are disposed between the cells ([0084]-[0085], Fig 3). Insulating sheets 54 are disposed on the sides of the cell stack and cover part of the sides and/or the bottom; the insulating sheets 54 are resin sheets having excellent insulation property ([0066]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the insulating sheets on the sides of the stack as taught by Fujii with the battery stack of DeKeuster for the purpose of insulating the sides of the stack. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over DeKeuster et al. (US 2016/0093849) in view of Karditsas et al. (US 2017/0098855), Kim (US 2011/0135985), Okada et al. (US 2008/0160395), and Maguire et al. (US 2019/0312243), as applied to claim 9 above, and further in view of Kim et al. (US 2013/0316211, herein referred to as Kim ‘211). Regarding claim 13, modified DeKeuster discloses all of the claim limitations as set forth above. While Kim discloses the spacer including wing portions having the fastening portions ([0061], [0069],[0078]), modified DeKeuster does not explicitly disclose wherein the one or more side spacers comprise one or more openings. Kim ‘211 discloses a battery module 100 including a plurality of battery cells separated by cell barriers 150 (spacers) (abstract). The cell barrier 150 includes a base 151, and flanges 153,155,157 (side spacers) on the periphery of the base 151 ([0048]). One or more openings 154 and 156 are provided on the side and/or bottom flanges 153/155, and may include a plurality of holes spaced apparat from one another ([0051]). The openings allow an a heat exchange medium to flow ([0051]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the openings on the flanges of cell barriers as taught by Kim ‘211 with the spacers of DeKeuster modified by Kim for the purpose of allowing heat exchange to occur and heat exchange medium to flow. Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 15 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (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, Nicole Buie-Hatcher can be reached at 571-270-3879. 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. /JACOB BUCHANAN/ Examiner, Art Unit 1725 /NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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Prosecution Timeline

Nov 03, 2022
Application Filed
Jun 05, 2025
Non-Final Rejection mailed — §103
Nov 04, 2025
Response Filed
Feb 03, 2026
Final Rejection mailed — §103
Mar 23, 2026
Response after Non-Final Action
May 04, 2026
Request for Continued Examination
May 05, 2026
Response after Non-Final Action
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

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Prosecution Projections

3-4
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+44.5%)
3y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 605 resolved cases by this examiner. Grant probability derived from career allowance rate.

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