Prosecution Insights
Last updated: May 29, 2026
Application No. 18/267,086

BATTERY MODULE AND BATTERY PACK INCLUDING THE SAME

Non-Final OA §102§103§112
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
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
53%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
320 granted / 700 resolved
-19.3% vs TC avg
Moderate +7% lift
Without
With
+7.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
25 currently pending
Career history
755
Total Applications
across all art units

Statute-Specific Performance

§103
92.9%
+52.9% vs TC avg
§102
3.3%
-36.7% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 700 resolved cases

Office Action

§102 §103 §112
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) submitted on 6/13/23 and 8/28/24 were filed on 6/13/23 and 8/28/24. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings The drawings filed on 6/13/23 are accepted by the examiner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 10 and 11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 10 recites the limitation "the penetrating part" in line 2. There is insufficient antecedent basis for this limitation in the claim. 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 1-5 and 9-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al (US 2020/0388891). Regarding claims 1-5 and 9-13, 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 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” (recessed 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; 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; 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). 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 6-8 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). The Choi reference is applied to claim 1 for reasons stated above. However, Choi et al does not expressly teach a housing includes a penetrating part, the penetrating part is formed in a section of the upper part of the housing, and the penetrating part is located to correspond to an upper surface of the sealing part (claim 6); wherein: the upper thermal conductive material layer extends into the penetrating part (claim 7); wherein: a length of the penetrating part is greater than the length of the sealing part extending in a direction along the upper part 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 part of the each of the plurality of battery cells in order to shorten to the heat transfer path, design the battery module slimmer, and improve energy density and manufacturing efficiency ([0057]). Conclusion 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 3/30/2026
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §102, §103, §112 (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

1-2
Expected OA Rounds
46%
Grant Probability
53%
With Interview (+7.3%)
4y 1m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 700 resolved cases by this examiner. Grant probability derived from career allowance rate.

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