Prosecution Insights
Last updated: April 19, 2026
Application No. 18/279,194

BATTERY PACK AND VEHICLE INCLUDING THE SAME

Non-Final OA §102§103
Filed
Aug 28, 2023
Examiner
BISTANY-RIEBMAN, JOSHUA PAGE
Art Unit
1752
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Energy Solution, Ltd.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant

Examiner Intelligence

Grants only 0% of cases
0%
Career Allow Rate
0 granted / 0 resolved
-65.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
2 currently pending
Career history
2
Total Applications
across all art units

Statute-Specific Performance

§103
66.7%
+26.7% vs TC avg
§102
33.3%
-6.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§102 §103
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 (IDSs) submitted on 08/28/2023 and 12/13/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Drawings The drawings received on 08/28/2023 were received and are acceptable Specification The specification received on 08/28 /2023 and amendments to such received on 08/28/2023 were received and are acceptable. Claim Rejections - 35 USC § 102 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 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. Claim s 1 - 4 , 6-10 , and 12-13 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kim et al (KR 20160058440A, hereinafter Kim , as filed in IDS dated 08/28/2023 ) . Regarding claim 1 , Kim teaches all of the following elements: A battery pack comprising: (100, Kim, Fig. 1) at least one battery module including at least one battery cell; ( “… the battery pack which the battery cells of the device 1 per unit one or three or four are used it is obvious and includes middle and large-sized battery module connecting electrically the multiple battery cells .. . ”, Kim, Page 4, Middle ) a case tray configured to support the at least one battery module; ( “ The tray assembly in which the battery module assembly including multiple battery cells is mounted in the upper side. ”, Kim , Page 5, Middle ) a tray cover coupled to the case tray; ( “ With the cover member in which the circumference combines the battery module assembly with the state had in the upper side of the tray assembly with the circumference and face to face of the tray assembly , Kim , Page 5, Middle) and at least one bushing gasket configured to connect the case try and the tray cover and to support the case tray on a plurality of points . (“ I n one detailed example, it can be the structure where the metal bushing is mounted in the inner periphery of the fastener of the gasket . ”, Kim, Page 6, Top and “ In the circumference of the tray assembly, and the circumference and gasket of the cover member, multiple fasteners which are interconnected so that the first fastening member is inserted are punched from the respectively. ”, Kim, Page 5, Bottom) Regarding claim 2 , Kim teaches all of the elements of claim 1, as shown above. Kim additionally teaches all of the following elements of claim 2: The battery pack according to claim 1, wherein the at least one bushing gasket includes: (100, Kim, Fig. 1) a gasket member configured to support the case tray; (120, Kim, Fig. 5) and a bushing member inserted into the gask et member (125, Kim, Fig. 5) . Regarding claim 3 , Kim teaches all of the elements of claim 2, as shown above. Kim additionally teaches all of the following elements of claim 3: The battery pack according to claim 2, wherein the gasket member includes: (100, Kim, Fig. 1) a gasket body provided with a bushing member insert hole into which the bushing member is inserted; (120, Kim, Fig. 5) and at least one guide pin provided on gasket body. (126, Kim, Fig. 5) Regarding claim 4 , Kim teaches all of the elements of claim 3 , as shown above. Kim additionally teaches all of the following elements of claim 4 : The battery pack according to claim 3, wherein (100, Kim, Fig. 1) the at least one guide pin is formed to protrude from one side of the gasket body to a predetermined length. (126, Kim, Fig. 5) Regarding claim 6 , Kim teaches all of the elements of claim 3, as shown above. Kim additionally teaches all of the following elements of claim 6: The battery pack according to claim 3, wherein (100, Kim, Fig. 1) the gasket member includes a gasket bead provided on the gasket body and provided along a circumference of the bushing member insert hole . (Shown below, Kim, Fig. 5) Regarding claim 7 , Kim teaches all of the elements of claim 2, as shown above. Kim additionally teaches all of the following elements of claim 7: The battery pack according to claim 2, wherein the bushing member includes: (100, Kim, Fig. 1) a bushing body inserted into the bushing member insert hole; (125, Kim, Fig. 5) and a bushing opening formed in the bushing body configured to allow a nut member to pass therethrough . (Shown below, Kim, Fig. 4) Regarding claim 8 , Kim teaches all of the elements of claim 1, as shown above. Kim additionally teaches all of the following elements of claim 8: The battery pack according to claim 1, wherein (100, Kim, Fig. 1) the tray cover is provided with a nut member insert hole through which a nut member passes. (Shown below, Kim, Fig. 5) Regarding claim 9 , Kim teaches all of the elements of claim 1, as shown above. Kim additionally teaches all of the following elements of claim 9: The battery pack according to claim 1, wherein (100, Kim, Fig. 1) the bushing gasket is provided in plurality , and wherein the plurality of bushing gaskets are spaced apart from each other by a predetermined difference. (“ “In the circumference of the tray assembly, and the circumference and gasket of the cover member, multiple fasteners which are interconnected so that the first fastening member is inserted are punched from the respectively. ”, Kim, Page 5, Bottom ) Regarding claim 10 , Kim teaches all of the elements of claim 1, as shown above. Kim additionally teaches all of the following elements of claim 10: A vehicle comprising at least one battery pack according to claim 1. (Kim, claim 17) Regarding claim 12 , Kim teaches all of the elements of claim 2, as shown above. Kim additionally teaches all of the following elements of claim 12: The battery pack according to claim 2, further comprising: (100, Kim, Fig. 1) a bolting member disposed on one side of the gasket member; (140, Kim, Fig. 5) and a nut member fastened with the bolting member and configured to pass through the bushing member on another side of the gasket member . (150, Kim, Fig. 5) Regarding claim 13 , Kim teaches all of the elements of claim 3, as shown above. Kim additionally teaches all of the following elements of claim 13: The battery pack according to claim 3, wherein (100, Kim, Fig. 1) the gasket member includes a gasket bead provided on the gasket body and provided along the inner circumference of the bushing member insert hole, (Shown above, Kim, Fig. 5) and wherein the bushing member includes a bushing body having an a peripheral groove to couple to the gasket bead. (Shown below, Kim, Fig. 5) 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 . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim s 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (KR 20160058440A, hereinafter Kim , as filed in IDS dated 08/28/2023 ) . Regarding claim 5 , Kim teaches all of the elements of claim 3, as shown above. Kim is silent on the following elements of claim 5: The battery pack according to claim 3, wherein the guide pin is provided as a pair, and wherein the pair of guide pins are disposed with the bushing member insert hole interposed therebetween The instant claim describes a duplication of the guide pin onto the other side of the bushing member insert hole . In re Hazda , 274 F.2d 669, 124 USPQ 378 (CCPA 1960), the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to duplicate the guide pin from one side of the bushing member insert hole to the other. Regarding claim 11 , Kim teaches all of the elements of claim 2, as shown above. Kim is silent on the following elements of claim 11: The battery pack according to claim 2, wherein the plurality of points include at least three points. The instant claim gives a range interpreted to be greater than or equal to three. Kim teaches a plurality, taken to mean a range greater than or equal to two. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim , 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff , 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) . Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to choose the plurality of points of Kim to include at least three points . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JOSHUA P BISTANY-RIEBMAN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9591 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Fri. 7:30am-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, FILLIN "SPE Name?" \* MERGEFORMAT Nicholas A Smith can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 5712728760 . 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. /JOSHUA P BISTANY-RIEBMAN/ Examiner, Art Unit 1752 /NICHOLAS A SMITH/ Supervisory Primary Examiner, Art Unit 1752
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Prosecution Timeline

Aug 28, 2023
Application Filed
Mar 13, 2026
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allow rate.

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