Prosecution Insights
Last updated: August 17, 2026
Application No. 18/053,085

SECONDARY BATTERY

Non-Final OA §102§103
Filed
Nov 07, 2022
Priority
Jan 14, 2022 — RE 10-2022-0005834
Examiner
FREEMAN, EMILY ELIZABETH
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Samsung SDI Co., Ltd.
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
105 granted / 145 resolved
+7.4% vs TC avg
Moderate +14% lift
Without
With
+13.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
30 currently pending
Career history
193
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
54.1%
+14.1% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 145 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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/01/2026 has been entered. This office action is in response to Applicant's remarks and amendments filed on 03/31/2026. Claims 1 and 5 are currently amended. Claims 1-12 are pending review in this action. The previous 35 U.S.C. 112(b) rejections are withdrawn in light of Applicant's amendment to Claim 5. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1. New grounds of rejection necessitated by Applicant's amendments are presented below. Information Disclosure Statement The information disclosure statement submitted on 03/05/2026 has been considered by the examiner. 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Daub et al. (DE 102018207327 A1) (disclosed by Applicant on IDS dated 07/23/2024) (citations herein made in reference to the machine English translation attached to this office action) further in view of Oh et al. (US 2020/0388799 A1). In Regards to Claim 1: Daub discloses a secondary battery (memory cell, 2) comprising: an electrode assembly (electrode winding, 14) and a case (cell casing, 12) comprising a bottom part (bottom wall, 22), a pair of side parts (front wall, 15, and back wall, 16) integrally formed with the bottom part (bottom wall, 22) and bent so as to extend from the bottom part (bottom wall, 22) (Figure 2, [0030, 0039]). Daub further discloses that the case (cell casing, 12) includes a cover part (one-piece lid, 24) coupled to the pair of side parts (front wall, 15, and back wall, 16) to face the bottom part (bottom wall, 22) and comprising a vent (burst membrane, 32), the case (cell casing, 12) accommodating the electrode assembly (electrode winding, 14) (Figure 2, [0033, 0039, 0041]). Daub further discloses a pair of cap assemblies (first lateral cover, 25, and second side cover, 26) coupled to open ends of the case (cell casing, 12) to seal the case (cell casing, 12), wherein the pair of cap assemblies (first lateral cover, 25, and second side cover, 26) consists of a negative-electrode-side cap assembly (second side cover, 26) coupled to a first open end (end indicated by arrow labeled “28”) of the open ends that is open toward an outside of the case (cell casing, 12) in the longitudinal direction (direction shown by arrow “17” in Figure 2) to seal the first open end (end indicated by arrow labeled “28”), and a positive-electrode-side cap assembly (first lateral cover, 25) coupled to a second open end (end indicated by arrow labeled “27”) of the open ends that is opposite the first open end (end indicated by arrow labeled “28”) and open toward the outside of the case (cell casing, 12) in a direction opposite the longitudinal direction (direction shown by arrow “17” in Figure 2) to seal the second open end (end indicated by arrow labeled “27”) (Figure 2, [0036, 0040]). Daub further discloses that the negative-electrode-side cap assembly (second side cover, 26) includes a negative electrode terminal (connection element, 7) and the positive-electrode-side cap assembly (first lateral cover, 25) includes a positive electrode terminal (connection element, 6) (Figure 2, [0035-0036]). Daub is deficient in disclosing 1) that the electrode assembly includes a negative electrode tab and a positive electrode tab horizontally disposed at respective opposite ends of the electrode assembly in a longitudinal direction; and 2) that the negative electrode terminal is electrically connected to the negative electrode tab and the positive electrode terminal is electrically connected to the positive electrode tab. Oh discloses a secondary battery (100) comprising: an electrode assembly (110) including a negative electrode tab (first uncoated portion, 111a) and a positive electrode tab (second uncoated portion, 112a) both horizontally disposed at opposite ends of the electrode assembly (110) in a longitudinal direction (left to right of page in Figure 2A) (Figure 2A, [0049-0050]). Oh further discloses that the secondary battery (100) also comprises a case (140) and a pair of cap assemblies (first and second terminals, 120/130) coupled to the case (140) (Figure 2A, [0047]). Oh further discloses that the pair of cap assemblies (first and second terminals, 120/130) consists of a negative-electrode-side cap assembly (first terminal, 120) coupled to an end of the case (140) and a positive-electrode-side cap assembly (second terminal, 130) coupled to an opposite end of the case (140) (Figure 2A, [0059]). Oh further discloses that the negative-electrode-side cap assembly (first terminal, 120) includes a negative electrode terminal (first terminal pillar, 122) electrically connected to the negative electrode tab (first uncoated portion, 111a) via the first collector plate (121), and the positive-electrode-side cap assembly (second terminal, 130) includes a positive electrode terminal (second terminal pillar, 132) electrically connected to the positive electrode tab (second uncoated portion, 112a) via the second collector plate (131) (Figure 2A, [0052,0055]). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to include on each end of the electrode assembly of Daub in the longitudinal direction, an electrode tab wherein the electrode tab on one end is a positive electrode tab and the electrode tab on the opposite end is a negative electrode tab, as it is a known configuration in the art that a wound electrode assembly within a secondary battery may have a positive electrode tab and a negative electrode tab on opposite ends in the longitudinal direction, as taught by Oh. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, the limitation of Claim 1 requiring that the electrode assembly includes a negative electrode tab and a positive electrode tab horizontally disposed at respective opposite ends of the electrode assembly in a longitudinal direction, is met. It would be further obvious to the skilled artisan to form an electrical connection between the positive electrode tab and the positive electrode terminal of modified Daub as well as between the negative electrode tab and the negative electrode terminal of modified Daub, as it is known in the art that electrode tabs of a wound electrode assembly may be electrically connected to electrode terminals to provide a means for the secondary battery to form external electrical connections, as taught by Oh. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 1 are met. Claims 2-4 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Daub et al. (DE 102018207327 A1) (disclosed by Applicant on IDS dated 07/23/2024) (citations herein made in reference to the machine English translation attached to this office action) as modified by Oh et al. (US 2020/0388799 A1), as applied to Claim 1 above, further in view of Minagata et al. (US 2018/0331331 A1) (disclosed by Applicant on IDS dated 08/03/2023). In Regards to Claim 2 (Dependent Upon Claim 1): Daub as modified by Oh discloses the secondary battery of Claim 1 as set forth above. Daub further discloses that the cover part (one-piece lid, 24) is coupled to the pair of side parts (front wall, 15, and back wall, 16) via welding (Figure 2, [0040]). Daub is silent to a thickness of the cover part, a thickness of the bottom part, and a thickness of the pair of side parts. Minagata discloses a secondary battery (rechargeable battery, 10) comprising: an electrode assembly (12); a case (11) comprising a bottom part (bottom wall, 13a), a pair of side parts (short side walls, 132b) integrally formed with the bottom part (bottom wall, 13a) and bent so as to extend from the bottom part (bottom wall, 13a), and a cover part (lid, 14) coupled to the pair of side parts (short side walls, 132b) to face the bottom part (bottom wall, 13a) and comprising a vent (pressure relief valve, 17), the case (110 accommodating the electrode assembly (12) (Figure 1, [0036, 0040-0043]). Minagata further discloses a pair of cap assemblies (long side walls, 131b) located on ends of the case (11) and which are integrally formed with the bottom part (bottom wall, 13a) and the pair of side parts (short side walls, 132b), wherein the pair of cap assemblies (short side walls, 132b) serve to help to seal the case (11) (Figure 1, [0043]). Minagata further discloses that the thickness (D1) of the pair of side parts (short side walls, 132b) is greater than the thickness (D) of the cover part (lid, 14) (Figure 3A, [0020]). Minagata further discloses that when the thickness (D1) of the pair of side parts (short side walls, 132b) is greater than the thickness (D) of the cover part (lid, 14), a sufficient weld strength may be achieved within unnecessarily increasing the thickness of the pair of side parts (short side walls, 132b), thus preventing the energy density of the secondary battery (rechargeable battery, 10) from being reduced (Figure 1, [0021]). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the thickness of the cover part of Daub, a thickness which is greater than the thickness of the side parts in order to provide a sufficient weld strength without increasing the thickness of the side walls, thus preserving the energy density of the battery, as taught by Minagata. Furthermore, it has been held that changes in size/proportion of an object is a matter of design choice absent persuasive evidence the particular shape of the claimed object is significant (MPEP 2144.04 IV). Upon the above modification, all of the limitations of Claim 2 are met. In Regards to Claim 3 (Dependent Upon Claim 2): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 2 as set forth above. Daub further discloses that an opening (through-opening, 31) is formed through the cover part (one-piece lid, 24), and the vent (burst membrane, 32) is coupled to the opening (through-opening, 31) (Figure 2, [0041]). Thus, all of the limitations of Claim 3 are met. In Regards to Claim 4 (Dependent Upon Claim 2): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 2 as set forth above. Daub is deficient in disclosing that at ends of the pair of side parts, a pair of coupling parts are inwardly bent and extend toward each other. Oh further discloses that the secondary battery (100) comprises a case (140) comprising a bottom part (rectangular bottom portion, 141), a pair of second side portions (144/145), and a pair of side parts (first side portions, 142/143) integrally formed with the bottom part (rectangular bottom portion, 141) and bent so as to extend from the bottom part (rectangular bottom portion, 141) (Figures 2A and 3C, [0045-0046]). Oh further discloses that at “side” ends of the pair of side parts (first side portions, 142/143), coupling parts (extending portions, 142b/143b) are inwardly bent and extend towards each other (Figure 4B, [0073]). Oh further discloses that the coupling parts (extending portions, 142b/143b) serve to reduce possible welding failures during construction of the case (140) (Figure 4B, [0088]). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the pair of side parts of Daub to include at ends thereof, a pair of coupling parts which are inwardly bent and extend towards one another, as it is know in the art as a useful feature for such a secondary battery case to have, as taught by Oh. By doing so, the skilled artisan would have a reasonable expectation of success in reducing the possible welding failures during construction of the case, as taught by Oh. Upon the above modification, all of the limitations of Claim 4 are met. In Regards to Claim 7 (Dependent Upon Claim 4): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 4 as set forth above. Daub discloses that the various components of the case (cell casing, 12), including the cover part (one-piece lid, 24), are connected via welding (Figure 2, [0036, 0040]). From Figure 2 of Daub, the skilled artisan would appreciate that when the pair of side parts (front wall, 15, and back wall, 16) are modified to include the pair of coupling parts, the cover part (one-piece lid, 24) would indeed be coupled at least to the pair of cap assemblies (first lateral cover, 25, and second side cover, 26) at a location between the pair of coupling parts in the stacking direction (3) (Figure 2). Thus, all of the limitations of Claim 7 are met. In Regards to Claim 8 (Dependent Upon Claim 7): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 7 as set forth above. Daub discloses that the various components of the case (cell casing, 12), including the cover part (one-piece lid, 24), are connected via welding (Figure 2, [0036, 0040]). Upon the modification detailed above in the rejection of Claim 4, the skilled artisan would appreciate that a side surface of the cover part (one-piece lid, 24) and outer surfaces of the pair of coupling parts are welded (Figure 2A, [0094]). Thus, all of the limitations of Claim 8 are met. In Regards to Claim 9 (Dependent Upon Claim 4): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 4 as set forth above. Daub is silent to the coupling parts being rounded from the ends of the pair of side parts. Oh further discloses that the coupling parts (extending portions, 142b/143b) are bent to be rounded from the “side” ends of the pair of side parts (first side portions, 142/143) (Figure 4B, [0073]). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the secondary battery of Daub to have the coupling parts be bent to be rounded from the ends of the pair of side parts, as such a configuration is known in the art as suitable for coupling parts in a case for a secondary battery, as taught by Oh. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 9 are met. In Regards to Claim 10 (Dependent Upon Claim 2): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 2 as set forth above. Daub is deficient in disclosing that the cover part comprises, on a side thereof coupled to the pair of side parts, a pair of extension parts that extend parallel to each other. Minagata further discloses that the cover part (lid, 14) comprises a pair of extension parts (see annotated Figure 3A below) which extend parallel to each other, wherein the pair of extension parts (see annotated Figure 3A below) are formed on a side of the cover part (lid, 14) and are coupled to and between the pair of side parts via welding (short side walls, 132b) (Figure 3A, [0047, 0049]). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the cover part of Daub to include on the sides thereof, a pair of extension parts as described by Minagata, such that the pair of extension parts extend parallel to each other and are coupled with and between the side parts via welding. Such a modification would be obvious to the skilled artisan as Minagata teaches that such a coupling configuration is useful for attaching the cover part to the side parts, as detailed above. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 10 are met. PNG media_image1.png 438 585 media_image1.png Greyscale Annotated Figure 3A (Minagata US 2018/0331331 A1) In Regards to Claim 11 (Dependent Upon Claim 10): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 10 as set forth above. Daub discloses that the various components of the case (cell casing, 12), including the cover part (one-piece lid, 24), are connected via welding (Figure 2, [0036, 0040]). From Figure 2 of Daub, the skilled artisan would appreciate that upon the modification detailed above in the rejection of Claim 10, the cover part (one-piece lid, 24) is coupled between the pair of side parts (front wall, 15, and back wall, 16) such that the pair of extension parts are in contact with inner surfaces of the pair of side parts (front wall, 15, and back wall, 16) (Figure 2). Thus, all of the limitations of Claim 11 are met. In Regards to Claim 12 (Dependent Upon Claim 11): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 11 as set forth above. Upon the modification detailed in the rejection of Claim 10 above, modified Daub discloses that an outer surface of the cover part (one-piece lid, 24) is coupled to ends of the pair of side parts (front wall, 15, and back wall, 16) via welding. Thus, all of the limitations of Claim 12 are met. Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Daub et al. (DE 102018207327 A1) (disclosed by Applicant on IDS dated 07/23/2024) (citations herein made in reference to the machine English translation attached to this office action) as modified by Oh et al. (US 2020/0388799 A1) and Minagata et al. (US 2018/0331331 A1) (disclosed by Applicant on IDS dated 08/03/2023), as applied to Claim 4 above, further in view of Kwak (KR 20120048802 A) (disclosed by Applicant on IDS dated 08/03/2023) (citations herein made in reference to the English translation provided by the Applicant). In Regards to Claim 5 (Dependent Upon Claim 4): Daub as modified by Oh and Minagata discloses the secondary battery of Claim 4 as set forth above. Daub discloses that the various components of the case (cell casing, 12), including the cover part (one-piece lid, 24), are connected via welding (Figure 2, [0036, 0040]). From Figure 2 of Daub, the skilled artisan would appreciate that the cover part (one-piece lid, 24) is coupled to the pair of side parts (front wall, 15, and back wall, 16) (Figure 2). Daub is deficient in disclosing 1) that the cover part is coupled to at least partially overlap with outer surfaces of the pair of coupling parts; and 2) that the cover part comprises a pair of steps seated on the pair of coupling parts. Regarding 1), it would be obvious to one of ordinary skill in the art at the time of the filling of the invention to further modify the secondary battery of modify Daub such that coupling parts are additionally included on the “top” ends of the pair of side plates such that the cover part is coupled to the pair of side plates at the coupling parts by being in contact with and welded to the coupling parts. Such a modification would be obvious to the skilled artisan as Oh teaches that such a coupling configuration is useful for attaching the separate pair of second side portions to the pair of side plates, as detailed above. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, the limitation of Claim 5 requiring that the cover part is coupled to at least partially overlap with outer surfaces of the pair of coupling parts, is met. Regarding 2), Kwak discloses a battery case for a secondary battery, wherein the battery case (case main body, 10) comprises a bottom portion (see annotated Figure 3 below) and a pair of side parts (body, 12) integrally formed with the bottom part (see annotated Figure 3 below) and bent to extend from the bottom part (see annotated Figure 3 below) (Figures 1 and 3, [0009, 0012]). Kwak further discloses that the battery case (case main body, 10) additionally comprises a cover part (lower plate, 20), wherein the cover part (lower plate, 20) has a pair of steps (grooved plate, 21) on opposite ends thereof (Figures 1 and 3, [0012, 0016]). Kwak further discloses that the pair of side parts (body, 12) each comprise a pair of coupling parts (lower end coupling portion, 14), wherein the pair of steps (grooved plate, 21) are seated on the pair of coupling parts (lower end coupling portion, 14) to fasten the cover part (lower plate, 20) to the battery case (case main body, 10) (Figures 1 and 3, [0016]). Kwak further discloses that such a configuration of coupling is beneficial in both cost and ease of manufacturing compared to traditional manufacturing methods [0012]. The examiner notes that terms such as “top” and “bottom” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the secondary battery relative to one another within the secondary battery. The particular orientation of the secondary battery does not provide any structural limitations to the secondary battery itself. Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the cover part of Daub to include a pair of steps as taught by Kwak, as such a feature is known in the art as suitable for forming a sealing connection with a pair of coupling parts on side parts in a battery case, as taught by Kwak. By making such a modification the skilled artisan would have a reasonable expectation of success in providing a case for a secondary battery which is reliably sealed but is more cost and labor effective in regards to manufacturing, as taught by Kwak. Upon making the above modifications, all of the limitations of Claim 5 are met. In Regards to Claim 6 (Dependent Upon Claim 5): Daub as modified by Oh, Minagata, and Kwak discloses the secondary battery of Claim 5 as set forth above. Upon the modifications detailed above in the rejection of Claim 5, the skilled artisan would appreciate that the side surfaces (i.e., the pair of steps) of the cover part (one-piece lid, 24) and the outer surfaces of the pair of coupling parts are welded (Figure 2). Thus, all of the limitations of Claim 6 are met. PNG media_image2.png 731 700 media_image2.png Greyscale Annotated Figure 3 (Kwak KR 20120048802 A) Response to Arguments Applicant’s arguments, filed 03/31/2026, with respect to the rejection of Claims 1-12 under 35 USC 102 and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Daub et al. (DE 102018207327 A1), Oh et al. (US 2020/0388799 A1), Minagata et al. (US 2018/0331331 A1), and Kwak (KR 20120048802 A). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM. 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, Miriam Stagg can be reached at (571)-270-5256. 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. /E.E.F./Examiner, Art Unit 1724 /STEWART A FRASER/Primary Examiner, Art Unit 1724
Read full office action

Prosecution Timeline

Nov 07, 2022
Application Filed
Aug 13, 2025
Non-Final Rejection mailed — §102, §103
Nov 12, 2025
Response Filed
Feb 12, 2026
Final Rejection mailed — §102, §103
Mar 31, 2026
Response after Non-Final Action
May 01, 2026
Request for Continued Examination
May 05, 2026
Response after Non-Final Action
Jul 10, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
86%
With Interview (+13.7%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 145 resolved cases by this examiner. Grant probability derived from career allowance rate.

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