Prosecution Insights
Last updated: April 19, 2026
Application No. 18/140,328

BATTERY AND BATTERY MODULE

Final Rejection §103
Filed
Apr 27, 2023
Examiner
SONG, KEVIN
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
3y 7m
To Grant
97%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
16 granted / 23 resolved
+4.6% vs TC avg
Strong +28% interview lift
Without
With
+27.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
56 currently pending
Career history
79
Total Applications
across all art units

Statute-Specific Performance

§103
70.5%
+30.5% vs TC avg
§102
18.0%
-22.0% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 23 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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1-5 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. Maeda (US-20180226626-A1) is newly applied to modify Kono to teach a laminate film wherein an end of the laminate film is disposed on the side surface of the current collector terminal thereby sealing the electrode body with the laminate film. Applicant submits that one skilled in the art would not be motivated to replace the outer package 700 of Kono because Kono discloses folding the ends of the outer package 700 which would damage a laminate film. Applicant further submits that an objective of Kono is to reduce wasted space (see e.g., Kono; [0004]). However, the modification of Maeda to Kono replaces the outer package 700 with a laminate film that may be folded, and Maeda does not disclose that folding the laminate film would damage the film in any way. Rather, Maeda discloses the laminate film houses the power generating element (see e.g., Maeda; [0030]). Moreover, the objective of Kono of reducing wasted space further compliments the modification as disclosed by Maeda; having the laminate film seal at a side face of the terminal as disclosed by Maeda may take up less space compared to having the laminate seal disposed on a top face of the terminal. 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. Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kono (JP-2018181622-A) (see translation), and further in view of Maeda (US-20180226626-A1). Regarding claim 1, Kono teaches a battery (see e.g., Kono; [0002]) comprising: an electrode body (see e.g., Kono; fig. 1, [0011]); a plurality of current collector tabs extending from a side surface portion of the electrode body (see e.g., Kono; fig. 1, [0017], [0022] regarding positive electrode tabs 130 and negative electrode tabs 230 extending out from the electrode body); a current collector terminal connected to the current collector tabs (see e.g., Kono; [0011], [0029], fig. 1 regarding positive electrode terminal 150 and negative electrode terminal 250); and a heat shrinkable tube housing the electrode body and the current collector tabs (see e.g., Kono; fig. 1, [0039] regarding the exterior body 700 may be a heat shrinkable tube made of annular resin material that shrinks to cover the electrode body and current collector tabs), wherein: each of the current collector tabs includes a root portion that is an end portion on the electrode body side (see e.g., Kono; Annotated fig. 1), a connection portion for connecting to the current collector terminal (see e.g., Kono; Annotated fig. 1), and an intermediate portion connecting the root portion and the connection portion (see e.g., Kono; Annotated fig. 1); the current collector tabs include a laminated connection portion in which the respective connection portions of the current collector tabs are laminated in a thickness direction (see e.g., Kono; Annotated fig. 1 wherein the multiple current collector tabs are stacked together and pressed between the terminal and the insulating member 600, [0043], regarding lamination direction); the current collector terminal includes an inner surface facing the side surface portion of the electrode body (see e.g., Kono; Annotated fig. 1), and a side surface disposed along an outer edge of the inner surface (see e.g., Kono; Annotated fig. 1); a main surface of the laminated connection portion is joined to the inner surface (see e.g., Kono; Annotated fig. 1 wherein an inner surface of the terminal contacts the connection portion of the current collector tabs); and in a plan view in a laminating direction of the electrode body, the current collector terminal includes a base portion including a first end portion corresponding to a position of the inner surface and a second end portion opposite to the first end portion (see e.g., Kono; Annotated fig. 1; the first end portion is the same portion as the inner surface and the second end portion is an end of the terminal facing away from the electrode body), and a protruding portion protruding from the base portion to an opposite side of the base portion from the electrode body (see e.g., Kono; Annotated fig. 1). PNG media_image1.png 892 1231 media_image1.png Greyscale Kono does not explicitly disclose a laminate film as the housing wherein an end of the laminate film is disposed on the side surface of the current collector terminal thereby sealing the electrode body with the laminate film. However, Maeda discloses a laminate film as the housing wherein an end of the laminate film is disposed on the side surface of the current collector terminal thereby sealing the electrode body with the laminate film (see e.g., Maeda; figs. 5a-b, [0023], [0065], regarding laminate film 12 and laminate film 13, which seal a side surface of the current collector terminal 30, 32). Maeda is further similar to Kono because Maeda discloses the electrodes laminated in a first direction in which the laminate film encloses (see e.g., Maeda; figs. 5a-b) and the electrode leads are laminated in a second direction perpendicular to the first direction (see e.g., Maeda; figs. 5a-b). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery disclosed by Kono by providing a laminate film wherein an end of the laminate film is disposed on a side surface of the current collector terminal to thereby seal the electrode body with the laminate film. One of ordinary skill in the art would have been motivated to make this modification in order to reduce waste of space in the secondary battery (see e.g., Kono; [0004]). Regarding claim 2, modified Kono teaches the battery according to claim 1. Kono further discloses wherein, in a sectional view in the laminating direction of the electrode body, the intermediate portion includes a curved structure in which the intermediate portion is curved such that parts of the intermediate portion face each other (see e.g., Kono; Annotated fig. 1 above regarding claim 1, [0017] regarding bent structure). Regarding claim 3, modified Kono teaches the battery according to claim 1, wherein: the current collector terminal includes a first protruding portion and a second protruding portion as the protruding portion (see e.g., Kono; Annotated fig. 1 below); and in the plan view in the laminating direction of the electrode body, when a direction in which the electrode body and the current collector terminal face each other is D1, a direction orthogonal to the direction D1 is D2, and an axis that is parallel to the direction D1 and passes through a midpoint of the current collector terminal in the direction D2 is AX (see e.g., Kono; Annotated fig. 1 regarding D1, D2, AX), the first protruding portion is disposed in one area of the current collector terminal partitioned by the axis AX, and the second protruding portion is disposed in another area of the current collector terminal partitioned by the axis AX (see e.g., Kono; Annotated fig. 1 wherein the first protruding portion is mostly above the axis AX and the second protruding portion is entirely below the axis AX). PNG media_image2.png 798 1116 media_image2.png Greyscale Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kono (JP-2018181622-A) (see translation) and Maeda (US-20180226626-A1) as applied to claim 1 above, and in further view of Nagai (US-20180277818-A1). Regarding claim 4, modified Kono teaches the battery according to claim 1. Kono does not explicitly disclose a battery module in which multiple batteries are stacked, wherein each of the batteries is the battery according to claim 1. However, Nagai teaches a battery pack wherein a plurality of batteries are stacked (see e.g., Nagai; fig. 1, [0017]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have used the battery disclosed by Kono and stack them to form a battery pack with a battery module disclosed by Nagai. One of ordinary skill in the art would have been motivated to make this pack in order to use it for applications such as vehicles (see e.g., Nagai; [0040]). Regarding claim 5, modified Kono teaches the battery according to claim 3. Kono does not teach a battery module in which multiple batteries are stacked; the battery module includes a battery A, a battery B, and a battery C as the batteries; the battery A, the battery B, and the battery C are stacked in succession; the first protruding portion of the battery A, the first protruding portion of the battery B, and the first protruding portion of the battery C are arranged so as to at least partially overlap each other in the plan view in the laminating direction of the electrode body; the second protruding portion of the battery A, the second protruding portion of the battery B, and the second protruding portion of the battery C are arranged so as to at least partially overlap each other in the plan view in the laminating direction of the electrode body; the first protruding portion of the battery B is joined to the first protruding portion of the battery A, and is not joined to the first protruding portion of the battery C; and the second protruding portion of the battery B is not joined to the second protruding portion of the battery A, and is joined to the second protruding portion of the battery C. However, Nagai teaches a battery pack with a battery module of stacked cells wherein the cells comprise of terminals and busbars. The bus bars connect the cells at one end, and then the next cell at the other end (see e.g., Nagai; fig. 1). This corresponds with the claim as follows: the battery module includes a battery A, a battery B, and a battery C as the batteries (see e.g., Nagai; Annotated fig. 1); the battery A, the battery B, and the battery C are stacked in succession (see e.g., Nagai; Annotated fig. 1); the first protruding portion of the battery A, the first protruding portion of the battery B, and the first protruding portion of the battery C are arranged so as to at least partially overlap each other in the plan view in the laminating direction of the electrode body (see e.g., Nagai; Annotated fig. 1); the second protruding portion of the battery A, the second protruding portion of the battery B, and the second protruding portion of the battery C are arranged so as to at least partially overlap each other in the plan view in the laminating direction of the electrode body (see e.g., Nagai; Annotated fig. 1); the terminals 12 and 14 of each cell disclosed by Nagai may be compared to the structure of the protruding portions of a single terminal disclosed by Kono; for example, the terminals 12 of Nagai may correspond with the first protruding portions of Kono as shown in annotated fig. 1 above regarding claim 3, and the terminals 14 of Nagai may correspond with the second protruding portions of Kono as shown in annotated fig. 1 above regarding claim 3; the first protruding portion of the battery B is joined to the first protruding portion of the battery A, and is not joined to the first protruding portion of the battery C; and the second protruding portion of the battery B is not joined to the second protruding portion of the battery A, and is joined to the second protruding portion of the battery C (see e.g., Nagai; Annotated fig. 1). PNG media_image3.png 841 970 media_image3.png Greyscale While Nagai teaches connecting the terminals in series (i.e. positive to negative), the same format of connecting one side and then the other side may be applied to protruding portions disclosed by Kono to connect the terminals in parallel. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have stacked the batteries disclosed by Kono in a fashion wherein the protruding terminals overlap, and wherein one first protruding section is connected to the another first protruding section, and alternately proceeds with the second protruding section as shown in annotated fig. 1 disclosed by Nagai. One of ordinary skill in the art would have been motivated to make this modification in order to provide a solution for when the battery pack is exposed to stress such as vibration and shock that causes stress to concentrate on parts where the external terminals and bus bars are connected (see e.g., Nagai; [0004]). Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST. 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, Matthew Martin can be reached at (571) 270-7871. 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. /KEVIN SONG/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Apr 27, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection — §103
Jan 16, 2026
Response Filed
Feb 19, 2026
Final Rejection — §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

3-4
Expected OA Rounds
70%
Grant Probability
97%
With Interview (+27.5%)
3y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 23 resolved cases by this examiner. Grant probability derived from career allow rate.

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