Prosecution Insights
Last updated: August 18, 2026
Application No. 18/267,086

BATTERY MODULE AND BATTERY PACK INCLUDING THE SAME

Final Rejection §102§103
Filed
Jun 13, 2023
Priority
Oct 26, 2021 — RE 10-2021-0143812 +2 more
Examiner
CHUO, TONY SHENG HSIANG
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution Ltd.
OA Round
2 (Final)
46%
Grant Probability
Moderate
3-4
OA Rounds
11m
Est. Remaining
53%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
322 granted / 704 resolved
-19.3% vs TC avg
Moderate +7% lift
Without
With
+7.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
45 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
60.5%
+20.5% vs TC avg
§102
17.1%
-22.9% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 704 resolved cases

Office Action

§102 §103
DETAILED ACTION Response to Amendment Claims 1-5, 8, and 12-16 are currently pending. Claims 6, 7, and 9-11 are cancelled. New claims 14-16 have been added. The previously stated 112, 2nd paragraph rejection of claims 10 and 11 is withdrawn. The amended claims do overcome the previously stated 102 and 103 rejections. However, upon further consideration, claims 1-5, 8, and 12-16 are rejected under the following new 102 and 103 rejections. 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 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al (US 2020/0388891). Regarding claims 14-16, Choi et al discloses a battery module “100” (battery pack) comprising: a battery cell stack “1” comprising a plurality of battery cells “10” are stacked; a case “30” (housing) accommodating the battery cell stack; and a heat transfer member “90” (upper thermal conductive material layer) located between an upper surface of the battery cell stack and an upper part “40” of the case, wherein each of the plurality of battery cells includes a second sealing portion “2022” (sealing part), wherein the second sealing portion is arranged to extend from the each of the plurality of battery cells toward the upper part of the case and the second sealing portion seals a part of an outer peripheral surface of each of the plurality of battery cells, wherein the heat transfer member surrounds an outer surface of the second sealing portion, and wherein: the length of the second sealing portion in the direction extending toward the upper part of the housing is greater than the length of the second sealing portion in the direction extending along the upper surface of the plurality of battery cells; wherein: a receiving groove “46” (recessed part) is formed on a lower surface of the upper part “40” of the case, wherein the receiving groove is recessed toward an upper surface of the upper part “40” of the case from a lower surface of the upper part of the case, wherein the receiving groove is located to correspond to an upper surface of the second sealing portion; wherein: the heat transfer member extends up to an inside of the receiving groove; wherein: a size of the receiving groove is larger than the length of the second sealing portion extending in a direction along the upper surface of the each of the plurality of battery cells ([0040],[0041],[0058],[0059],[0089]-[0092],[0122], and Figs. 3 and 6). 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. Claims 1-5, 8, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (US 2020/0388891) in view of Chi et al (US 2020/0067038). Regarding claims 1-5, 8, and 12-13, Choi et al discloses a battery module “100” (battery pack) comprising: a battery cell stack “1” comprising a plurality of battery cells “10” are stacked; a case “30” (housing) accommodating the battery cell stack; and a heat transfer member “90” (upper thermal conductive material layer) located between an upper surface of the battery cell stack and an upper part “40” of the case, wherein each of the plurality of battery cells includes a second sealing portion “2022” (sealing part), wherein the second sealing portion is arranged to extend from the each of the plurality of battery cells toward the upper part of the case and the second sealing portion seals a part of an outer peripheral surface of each of the plurality of battery cells, wherein the heat transfer member surrounds an outer surface of the second sealing portion, and wherein: the length of the second sealing portion in the direction extending toward the upper part of the housing is greater than the length of the second sealing portion in the direction extending along the upper surface of each of the plurality of battery cells; wherein: the second sealing portion is folded at least once in a clockwise direction to form a folded surface; wherein: a thermal adhesive (internal thermal conductive material layer) is located on the folded surface; wherein: the second sealing portion is folded a plurality of times to form a plurality of folded surfaces, and the plurality of folded surfaces are in contact with each other; wherein: a receiving groove “46” (penetrating part) is formed on a lower surface of the upper part “40” of the case, the receiving groove is recessed toward an upper surface of the upper part “40” of the case from a lower surface of the upper part of the case, and the receiving groove is located to correspond to an upper surface of the second sealing portion; wherein: the heat transfer member extends into a penetrating part through an inside of the receiving groove; and further comprising: a heat transfer member “90” (lower thermal conductive material layer) between the lower surface of the battery cell stack and a lower part “50” of the case ([0040],[0041],[0058],[0059],[0089]-[0092],[0122], and Figs. 3 and 6). However, Choi et al does not expressly teach a housing comprising a penetrating part, wherein the penetrating part is formed in a section of the upper part of the housing, wherein the penetrating part is located to correspond to an upper surface of the sealing part, and wherein the upper thermal conductive material layer extends into the penetrating part (claim 1); wherein: a length of the penetrating part is greater than the length of the sealing part extending in a direction along the upper surface of the each of the plurality of battery cells (claim 8). Chi et al discloses a module case “200” (housing) includes a pad penetration hole “250” (penetrating part), the pad penetration hole is formed in a section of the upper part of the module case, and the pad penetration hole is located to correspond to an upper surface of a sealing part “515”; wherein: a heat transfer pad “500” (upper thermal conductive material layer) extends into the pad penetration hole ([0038]-[0046] and Figs. 1-5). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Choi case to include a penetrating part, the penetrating part is formed in a section of the upper part of the case, and the penetrating part is located to correspond to an upper surface of the sealing part; wherein: the upper thermal conductive material layer extends into the penetrating part; wherein: a length of the penetrating part is greater than the length of the sealing part extending in a direction along the upper surface of the each of the plurality of battery cells in order to shorten the heat transfer path, design the battery module slimmer, and improve energy density and manufacturing efficiency ([0057]). Response to Arguments Applicant's arguments filed 7/9/26 have been fully considered but they are not persuasive. The Applicant argues that “In the embodiment in FIGs 1-3, Chi's purported penetrating part is in a lower part of the module frame. (Chi at [0041] ("At least one pad penetration hole 250, or a plurality of pad penetration holes 250 in this embodiment, may be formed at a bottom portion of the module case 200 so that the other ends 530 of the heat transfer pad 500 may pass through." [emphasis added]) And in the embodiment of FIGs 4-6, the penetrating parts are in the side surfaces of the module case. Id. at [0054] ("A plurality of pad penetration holes 650 may be formed at both side surfaces of the module case 600 so that the other end 930 of each heat transfer pad 900 may pass through." Neither Choi nor Chi disclose, teach, or suggest a battery module having a penetrating part in the upper part of the housing, as now required by claim 1. Further, neither Choi nor Chi disclose, teach, or suggest having a penetrating part that corresponds to the upper part of the sealing part, as now required by claim 1”. In response, the Office takes the position that the orientation of the Chi penetration hole is not critical to the invention. So, one of ordinary skill in the art would have recognized that the teachings of Chi can be applied to any side of the housing including the upper part of the housing as long as the penetrating hole corresponds to a side with the heat sink. Since Choi teaches a cooling device “20” that has the same function of cooling the plurality of battery cells as the Chi heat sink, one of ordinary skill in the art would have modified the Choi case (housing) to include the Chi penetration hole in the upper part of the case (housing) in order to shorten the heat transfer path, design the battery module slimmer, and improve energy density and manufacturing efficiency. 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 TONY S CHUO whose telephone number is (571)272-0717. The examiner can normally be reached Monday - Friday, 9:00am - 5:30pm. 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, Jonathan Leong can be reached at 571-270-1292. 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. /T.S.C/Examiner, Art Unit 1751 /JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 7/29/2026
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Prosecution Timeline

Jun 13, 2023
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102, §103
Jul 09, 2026
Response Filed
Jul 31, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

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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
46%
Grant Probability
53%
With Interview (+7.2%)
4y 1m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 704 resolved cases by this examiner. Grant probability derived from career allowance rate.

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