Prosecution Insights
Last updated: April 19, 2026
Application No. 18/115,212

BATTERY

Non-Final OA §102§103
Filed
Feb 28, 2023
Examiner
ZENG, LINGWEN R
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BYD Company Limited
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
97%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
398 granted / 522 resolved
+11.2% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
22 currently pending
Career history
544
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
61.6%
+21.6% vs TC avg
§102
24.6%
-15.4% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 522 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statements (IDS) were submitted on 02/18/2023, 07/24/2024, 01/23/2025 and 08/13/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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. Claims 1-3, 12-15 and 19-20 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by US Patent Application Publication 2019/0221877 to Li et al. With respect to claim 1, Li et al. teach a battery, comprising: a casing 200; a cover plate 100, the cover plate 100 being configured to cover the casing 200; and a core 700, the core 700 being disposed in the casing 200; and a plurality of tabs 720, the plurality of tabs 720 and 730 being connected between the core 700 and the cover plate 100, wherein a tab bending space is formed between the cover plate 100 and the core 700, the tabs 720 and 730 are disposed in the tab bending space, a height of the tab bending space along a first direction is 0.23D according to the Fig. 6 (is greater than D/10 or 0.1D and less than 3D/4 or 0.75D, and D is a thickness of the core 700) (Li et al.: Sections [0088] and [0093]; Fig. 6). PNG media_image1.png 465 885 media_image1.png Greyscale With respect to claim 2, Li et al. teach the battery, wherein the height of the tab bending space along the first direction is Dg, and Dg meets the following expression: D*sin 45° ≥ Dg ≥ [D/2-(tan(90°-a)*Dz)]×tan β, wherein Dz ranges from 1 mm to 2 mm, a is a tab bending angle, and β ranges from 10 degrees to 30 degrees. According to the expression above: 0.71D ≥ Dg = 0.23D ≥ 0.09D, wherein a is 90° and β is 10° (Li et al.: Sections [0088] and [0093]; Fig. 6). With respect to claim 3, Li et al. teach the battery, wherein the tab bending angle is 90 degrees (ranges from 45 degrees to 135 degrees) (Li et al.: Sections [0088] and [0093]; Fig. 6). With respect to claim 12, Li et al. teach the battery, wherein the battery further comprises a supporting piece 800 (an inner spacer) and a portion between an extending portion and the supporting piece 800 (an outer spacer); the supporting piece 800 (the inner spacer) and the portion between the extending portion and the supporting piece 800 (the outer spacer) are connected to the cover plate 100; and a distance from a lower end surface of the supporting piece 800 (the inner spacer) to an upper end surface of the core 700 ranges from 0 mm to 1 mm since the thickness of the supporting piece 800 could be about 1mm or less (Li et al.: Section [0109]; Fig. 6). With respect to claim 13, Li et al. teach the battery, wherein the tabs 720 are converged and form a tab convergence portion 721, and a tab protection sheet 882 is disposed outside the tab convergence portion 721; and a cover plate lead-out sheet 500 is disposed on the cover plate 100, and the tab protection sheet 882 is connected to the cover plate lead-out sheet 500 via the tabs 720 (Li et al.: Section [0109]; Fig. 14). With respect to claim 14, Li et al. teach the claimed invention except for a width of the tab protection sheet ranges from 8 mm to 12 mm. However, It would have been obvious as of the effective filing dated of the claimed invention to have a width of the tab protection sheet ranges from 8 mm to 12 mm, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). It has been held that discovering that general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller,105 USPQ 233. Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969). With respect to claim 15, Li et al. teach the battery, wherein the battery further comprises a supporting piece 800 (an inner spacer) and a portion between an extending portion and the supporting piece 800 (an outer spacer); the supporting piece 800 (the inner spacer) and the portion between the extending portion and the supporting piece 800 (the outer spacer) are connected to the cover plate 100; and a distance from a lower end surface of the supporting piece 800 (the inner spacer) to an upper end surface of the core 700 ranges from 0 mm to 1 mm since the thickness of the supporting piece 800 could be about 1mm or less (Li et al.: Section [0109]; Fig. 6). With respect to claim 19, Li et al. teach the battery, wherein the tabs 720 are converged and form a tab convergence portion 721, and a tab protection sheet 882 is disposed outside the tab convergence portion 721; and a cover plate lead-out sheet 500 is disposed on the cover plate 100, and the tab protection sheet 882 is connected to the cover plate lead-out sheet 500 via the tabs 720 (Li et al.: Section [0109]; Fig. 14). With respect to claim 20, Li et al. teach the claimed invention except for a width of the tab protection sheet ranges from 8 mm to 12 mm. However, It would have been obvious as of the effective filing dated of the claimed invention to have a width of the tab protection sheet ranges from 8 mm to 12 mm, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). It has been held that discovering that general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller,105 USPQ 233. Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969). 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 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 4-11 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2019/0221877 to Li et al. in view of US Patent Application Publication 2019/0027711 to Minagata et al. With respect to claim 4, Li et al. teach the battery, wherein the core 700 comprises a positive electrode plate 711, a negative electrode plate 712, and a separator 713 disposed between the positive electrode plate 711 and the negative electrode plate 712; the tab bending space is divided into a tab bending region and a tab transition region; the tab bending region is disposed on an end portion of the separator 713, Li et al. do not specifically teach the limitation, “each of the tabs bends on the end portion of the separator and forms a tab bending angle, and the tab bending angle is located in the tab bending region; and the tab transition region is disposed between the tab bending region and the cover plate, and each of the tabs passes through the tab transition region and is fixedly connected to the cover plate.” However, Minagata et al. teach an electrode assembly comprising each of the tabs 41 bends on the end portion of the separator 23 and forms a tab bending angle, and the tab bending angle is located in the tab bending region; and the tab transition region is disposed between the tab bending region and the cover plate 13, and each of the tabs 41 passes through the tab transition region and is fixedly connected to the cover plate 13 (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 5, Li et al. further teach the battery, wherein the thickness of supporting piece 800 could be 1 mm, wherein a height of the tab bending region along the first direction is a little greater than the thickness of supporting piece 800, which could be ranges from 1 mm to 2 mm (Li et al.: Section [0109]; Fig. 6). With respect to claim 6, Li et al. do not specifically teach, but Minagata teach the battery, wherein along the first direction, a height of the separator 23 is greater than a height of the negative electrode plate 22, and the height of the negative electrode plate 22 is greater than a height of the positive electrode plate 21; along the first direction, a portion of the separator 23 exceeding an end of the negative electrode plate 22 is an exposed separator 23, and a region in which the exposed separator 23 is located forms a separator extension region; and each of the tabs 41 bends at a junction of the separator extension region and the tab bending region, and forms the tab bending angle (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 7, Li et al. do not specifically teach, but Minagata teach the battery, wherein the exposed separator 23 and the tabs 41 located in the separator extension region are parallel to each other in the separator extension region (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 8, Li et al. teach the battery, wherein the core 700 comprises a positive electrode plate 711, a negative electrode plate 712, and a separator 713 disposed between the positive electrode plate 711 and the negative electrode plate 712; the tab bending space is divided into a tab bending region and a tab transition region; the tab bending region is disposed on an end portion of the separator 713, Li et al. do not specifically teach the limitation, “each of the tabs bends on the end portion of the separator and forms a tab bending angle, and the tab bending angle is located in the tab bending region; and the tab transition region is disposed between the tab bending region and the cover plate, and each of the tabs passes through the tab transition region and is fixedly connected to the cover plate.” However, Minagata et al. teach an electrode assembly comprising each of the tabs 41 bends on the end portion of the separator 23 and forms a tab bending angle, and the tab bending angle is located in the tab bending region; and the tab transition region is disposed between the tab bending region and the cover plate 13, and each of the tabs 41 passes through the tab transition region and is fixedly connected to the cover plate 13 (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 9, Li et al. further teach the battery, wherein the thickness of supporting piece 800 could be 1 mm, wherein a height of the tab bending region along the first direction is a little greater than the thickness of supporting piece 800, which could be ranges from 1 mm to 2 mm (Li et al.: Section [0109]; Fig. 6). With respect to claim 10, Li et al. do not specifically teach, but Minagata teach the battery, wherein along the first direction, a height of the separator 23 is greater than a height of the negative electrode plate 22, and the height of the negative electrode plate 22 is greater than a height of the positive electrode plate 21; along the first direction, a portion of the separator 23 exceeding an end of the negative electrode plate 22 is an exposed separator 23, and a region in which the exposed separator 23 is located forms a separator extension region; and each of the tabs 41 bends at a junction of the separator extension region and the tab bending region, and forms the tab bending angle (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 11, Li et al. do not specifically teach, but Minagata teach the battery, wherein the exposed separator 23 and the tabs 41 located in the separator extension region are parallel to each other in the separator extension region (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 16, Li et al. teach the battery, wherein the core 700 comprises a positive electrode plate 711, a negative electrode plate 712, and a separator 713 disposed between the positive electrode plate 711 and the negative electrode plate 712; the tab bending space is divided into a tab bending region and a tab transition region; the tab bending region is disposed on an end portion of the separator 713, Li et al. do not specifically teach the limitation, “each of the tabs bends on the end portion of the separator and forms a tab bending angle, and the tab bending angle is located in the tab bending region; and the tab transition region is disposed between the tab bending region and the cover plate, and each of the tabs passes through the tab transition region and is fixedly connected to the cover plate.” However, Minagata et al. teach an electrode assembly comprising each of the tabs 41 bends on the end portion of the separator 23 and forms a tab bending angle, and the tab bending angle is located in the tab bending region; and the tab transition region is disposed between the tab bending region and the cover plate 13, and each of the tabs 41 passes through the tab transition region and is fixedly connected to the cover plate 13 (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. With respect to claim 17, Li et al. further teach the battery, wherein the thickness of supporting piece 800 could be 1 mm, wherein a height of the tab bending region along the first direction is a little greater than the thickness of supporting piece 800, which could be ranges from 1 mm to 2 mm (Li et al.: Section [0109]; Fig. 6). With respect to claim 18, Li et al. do not specifically teach, but Minagata teach the battery, wherein along the first direction, a height of the separator 23 is greater than a height of the negative electrode plate 22, and the height of the negative electrode plate 22 is greater than a height of the positive electrode plate 21; along the first direction, a portion of the separator 23 exceeding an end of the negative electrode plate 22 is an exposed separator 23, and a region in which the exposed separator 23 is located forms a separator extension region; and each of the tabs 41 bends at a junction of the separator extension region and the tab bending region, and forms the tab bending angle (Minagata et al.: Section [0084]; Fig. 5). It would have been obvious as of the effective filing dated of the claimed invention to have modified Li et al. with the teaching above from Minagata et al. with the motivation of having a means such it is possible to reduce the size of the insulating sheet and, reduce costs for the insulating sheet as recited in section [0013], in Minagata et al. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINGWEN R ZENG whose telephone number is (571)272-6649. The examiner can normally be reached 8am-5pm. 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, Tiffany Legette can be reached on (571) 270-7078. 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. /LINGWEN R ZENG/Examiner, Art Unit 1723 3/17/2026
Read full office action

Prosecution Timeline

Feb 28, 2023
Application Filed
Mar 07, 2026
Non-Final Rejection — §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
76%
Grant Probability
97%
With Interview (+21.1%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 522 resolved cases by this examiner. Grant probability derived from career allow rate.

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