Prosecution Insights
Last updated: April 19, 2026
Application No. 18/362,967

BATTERY CELL AND BATTERY DEVICE HAVING THE SAME

Non-Final OA §102§103§112
Filed
Aug 01, 2023
Examiner
CHMIELECKI, SCOTT J
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
SK On Co. Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allow Rate
603 granted / 761 resolved
+14.2% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
29 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 761 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. 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. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. § 1 12(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. § 1 12 (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 9-11 and 13 -19 are rejected under 35 U.S.C. § 1 12(b) or 35 U.S.C. § 1 12 (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. § 1 12, the applicant), regards as the invention. Claims 9-11 are rendered indefinite by the recitation of the term “transistor-type.” “The addition of the word ‘type’ to an otherwise definite expression extends the scope of the expression so as to render it indefinite.” Ex parte Copenhaver , 109 USPQ 118 (Bd. Pat. App. & Inter. 1955); M.P.E.P. § 2173.05(b) III. E. Here, it is unclear what types of electrical components may be a “type” of transistor, and thus are claimed, and which are not. Applicant may overcome this rejection by striking the word “type” from the claims. Regarding claims 13 and 14, w here applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp. , 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “fuse” in claims 13 and 14 is used by the claim to mean “short-circuiting device,” while the accepted meaning is “an electrical component that breaks or severs in response to a predetermined current or temperature.” The term is indefinite because the specification does not clearly redefine the term. Claims 15-19 are rendered indefinite by the recitation of the term “relay-type.” “The addition of the word ‘type’ to an otherwise definite expression extends the scope of the expression so as to render it indefinite.” Ex parte Copenhaver , 109 USPQ 118 (Bd. Pat. App. & Inter. 1955); M.P.E.P. § 2173.05(b) III. E. Here, it is unclear what types of electrical components may be a “type” of relay, and thus are claimed, and which are not. Applicant may overcome this rejection by striking the word “type” from the claims. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 1 02 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-7 are rejected under 35 U.S.C. § 1 02(a)(1) & (a)(2) as being anticipated by Guen (US 2018/0358648 A1), hereinafter “ Guen .” Regarding claim 1, Guen discloses a battery cell comprising: a case (¶ [0030], Figs. 1-2B, ref. no. 140) configured to accommodate an electrode assembly (¶ [0030], Figs. 2A & 2B, ref. no. 110); a cap plate configured to cover the case, in this case the cap assembly (¶ [0030], Figs. 1-2B, ref. no. 150); an electrode terminal disposed on the cap plate and electrically connected to the electrode assembly, in this case the second terminal (¶ [0030], Figs. 1-7, ref. no. 130); a vent cover disposed in a venting hole to open the venting hole when pressure inside the case is equal to or greater than a predetermined pressure , in this case the membrane (¶ [0046], Figs. 2B-7, ref. no. 134) that covers the through hole (¶ [0060 ], Figs. 3-7, ref. no. 131a); and a vent fuse electrically connected to the electrode terminal and configured to operate to block current flow between the electrode terminal and the outside thereof by discharging gas through the vent cover and by deforming the vent cover, in this case the connection between the membrane and the protrusion that becomes separated when a preset pressure is exceeded (¶ [006 5 ] -[0066 ], Fig. 4B , ref. no s . 13 4 & 135 ). Regarding claim 2, Guen further discloses that the vent fuse is attached to an external surface of the vent cover and disposed to cover at least a portion of the vent cover (see e.g., Fig. 3, ref. nos. 134 & 150). Regarding claim 3, Guen further discloses: a circuit part electrically connected to the vent fuse and the electrode terminal, in this case the protrusion (¶ [0059]-[0061], Figs. 3-7, ref. no. 135); wherein the circuit part operates in a first state in which current flow is permitted between the electrode terminal and the outside thereof or in a second state in which current flow between the electrode terminal and the outside thereof is blocked by operation of the vent fuse, in this case the current is cut off by operation of the membrane and the fuse which causes the protrusion to be electrically isolated (¶ [0061]). Regarding claim 4, Guen further discloses that the circuit part is configured to electrically connect the electrode assembly and the electrode terminal in the first state and is configured to at least partially block an electrical connection between the electrode assembly and the electrode terminal in a second state, in this case the current is cut off by operation of the membrane and the fuse which causes the protrusion to be electrically isolated (¶ [0061]). Regarding claim 5, Guen further discloses that: the electrode terminal includes a cathode terminal, in this case the second terminal serves as the positive electrode terminal (¶ [0047]), electrically connected to a cathode foil of the electrode assembly, in this case the second electrode current collector (¶ [0033], Fig. 2A, ref. no. 112a); in the first state the circuit part is configured to electrically connect the cathode terminal and the cathode foil, in this case current will flow when the components remain connected (see ¶ [0061]); and is configured to at least partially block an electrical connection between the cathode terminal and cathode foil in a second state, in this case the current is cut off by operation of the membrane and the fuse which causes the protrusion to be electrically isolated (¶ [0061]). Regarding claim 6, Guen further discloses that the vent fuse is provided in a normally closed first state that is electrically connected (see Fig. 4A, ref. nos. 134 & 136) and to be electrically disconnected in the second state (see Fig. 4B, ref. nos. 134 & 136). Regarding claim 7, Guen further discloses that the normally closed vent fuse comprises a fuse part disposed on the vent cover and disconnected by discharging gas through the vent cover and by deforming the vent cover (see Fig. 4B), a first terminal disposed on one side of the fuse part and electrically connected to the electrode terminal , in this case the terminal region (¶ [0058 ], Figs.2-7, ref. no. 133), and a second terminal disposed on the other side of the fuse part and electrically connected to the circuit part, in this case the current collector plate (¶ [0058 ], Figs. 2-7, ref. no. 131). Claims 1, 3, and 12 are rejected under 35 U.S.C. § 1 02(a)(1) & (a)(2) as being anticipated by Koo et al. (US 2020/0227715 A1), hereinafter “Koo.” Regarding claim 1, Koo discloses a battery cell comprising: a case (¶ [0030], Figs. 1, 2, & 6, ref. no. 170) configured to accommodate an electrode assembly (¶ [0030], Figs. 2 & 6, ref. no. 110); a cap plate configured to cover the case, in this case the cap assembly (¶ [0030], Figs. 1, 2, & 6, ref. no. 180); an electrode terminal disposed on the cap plate and electrically connected to the electrode assembly, in this case the first terminal portion (¶ [0030], Figs. 1 & 2, ref. no. 130); a vent cover , in this case the breathable film (¶ [0095], Fig. 8 A, ref. no. 6 14), disposed in a venting hole , in this case the through hole (¶ [[009 9 ], Fig. 8 A, ref. no. 6 10A), to open the venting hole when pressure inside the case is equal to or greater than a predetermined pressure , in this case the breathable film allows gas to escape from within the case to the exterior (see Fig. 7A); and a vent fuse electrically connected to the electrode terminal and configured to operate to block current flow between the ele ctrode terminal and the outside thereof by discharging gas through the vent cover or by deforming the vent cover , in this case the inversion plate creates a short circuit when the internal pressure exceeds a preset value (¶ [0059] & [0101] , Figs. 2, 6, 8A, & 8B , ref. no. 189 ). Regarding claim 3, Koo further discloses that the battery cell comprises: a circuit part electrically connected to the vent fuse and the electrode terminal, in this case the first connection plate (¶ [0093], Fig. 8A, ref. no. 132a); wherein the circuit part operates in a first state in which current flow is permitted between the electrode terminal and the outside thereof and operates in a second state in which current flow between the electrode terminal and the outside thereof is blocked by operation of the vent fuse, in this case when the inversion plate contacts the first connection plate the battery is short-circuited and current is prevented from flowing to the outside (see ¶ [0101]). Regarding claim 12, Koo further discloses that the vent fuse is provided as a normally open vent fuse that is configured to be electrically disconnected to the circuit part in the first state and is configured to be electrically connected to the circuit part in the second state, in this case the inversion plate remains separated from the first connection plate in normal operation (see Fig. 8A, ref. nos. 189 & 532) and contacts the first connection plate when pressure is exceeded (¶ [0101], Fig. 8A, ref. nos. 189 & 532). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. § 1 03 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. Claim 8 is rejected under 35 U.S.C. § 1 03 as being unpatentable over Guen as applied to claim 7, above, and further in view of Chen et al. (US 2019/0027717 A1), hereinafter “Chen.” Regarding claim 8, Guen does not disclose that the fuse part is configured to be melted by discharging gas. However, Chen teaches a fuse member configured to melt at a predetermined temperature (¶ [0070]-[0071], Fig. 4, ref. no. 12b). One having ordinary skill in the art would have realized that providing a fuse member so configured to melt at a predetermined temperature, such as that of a gas emitted from within the battery, would have ensured that the electrical connection became severed in the event of unsafe temperatures (see ¶ [0071]), thereby facilitating improved battery safety. Therefore, it would have been obvious to have configured the fuse part to melt at the temperature of the discharged gas in order to have facilitated improved battery safety. Claim s 13 and 14 are rejected under 35 U.S.C. § 1 03 as being unpatentable over Koo as applied to claim 12, above, and further in view of Chen . Regarding claim 13, Koo further discloses the movable fuse part attached to the vent cover that moves in an external direction of the cap plate by deforming the vent cover, in this case the inversion plate deflects outwards in response to internal pressure (¶ [0059] & [0101]), but does not disclose the fixed part. However, Chen teaches a movable fuse part and a fixed fuse part, in this case the deformable portion of the contact plate (¶ [0068]-[0070], Fig. 4, ref. no. 62) that deforms outwardly and contacts the connection portion (¶ [0068], Fig. 4, ref. no. 12c) . One having ordinary skill in the art would have understood that providing such a fixed fuse part would ensure an electrical connection would be established upon actuation of the flexible part, thereby providing a reliable short-circuit is maintained (see ¶ [0065]-[0066]), thereby facilitating improved battery safety. Therefore, it would have been obvious to have provided the fixed fuse part in order to have facilitated improved battery safety. Regarding claim 14, Koo further discloses a stopper, in this case the bonding layer (¶ [0099], Fig. 8A, ref. no. 615), which would function as a stopper due to its position on the inversion plate. In other words, the inversion plate would have to be fully extended in so that in order to push the bonding layer fully into the through hole and establish contact between it and the first connection plate. Claim 20 is rejected under 35 U.S.C. § 1 03 as being unpatentable over Guen in view of Shin et al. (US 2022/0021090 A1), hereinafter “Shin.” Regarding claim 20, Guen discloses a battery cell comprising: a case (¶ [0030], Figs. 1-2B, ref. no. 140) configured to accommodate an electrode assembly (¶ [0030], Figs. 2A & 2B, ref. no. 110); a cap plate configured to cover the case, in this case the cap assembly (¶ [0030], Figs. 1-2B, ref. no. 150); an electrode terminal disposed on the cap plate and electrically connected to the electrode assembly, in this case the second terminal (¶ [0030], Figs. 1-7, ref. no. 130); a vent cover disposed in a venting hole to open the venting hole when pressure inside the case is equal to or greater than a predetermined pressure, in this case the membrane (¶ [0046], Figs. 2B-7, ref. no. 134) that covers the through hole (¶ [0060], Figs. 3-7, ref. no. 131a); and a vent fuse electrically connected to the electrode terminal and configured to operate to block current flow between the electrode terminal and the outside thereof by discharging gas through the vent cover and by deforming the vent cover, in this case the connection between the membrane and the protrusion that becomes separated when a preset pressure is exceeded (¶ [0065]-[0066], Fig. 4B, ref. nos. 134 & 135). Guen does not disclose a plurality of battery cells and a controller. However, Shin teaches a battery device, in this case a battery pack comprising a plurality of battery modules (¶ [0028], Figs. 1 & 2, ref. no. 10), with a controller, in this case a control unit (¶ [0028], Fig. 1, ref. no. 50). Shin further teaches that the control unit controls the switching unit (¶ [0048], Fig. 1, ref. no. 40) which in turn connects and disconnects the individual battery modules (¶ [0042]) in response to information received from an event detection unit (¶ [0043] & [0048], Fig. 1, ref. no. 30). One having ordinary skill in the art would have realized that so providing a plurality of battery cells and with the controller would have enabled increased power output while preventing explosion propagation amongst the batteries (see ¶ [0007]), thereby facilitating improved system operation and safety. Therefore, it would have been obvious to have provided a plurality of battery cells and a controller configured to control the battery cells in order to have facilitated improved battery system operation and safety. Allowable Subject Matter Claims 9-11 and 15-19 would be allowable if rewritten to overcome the rejections under 35 U.S.C. § 1 12(b) or 35 U.S.C. § 1 12 (pre-AIA), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: no prior art reference could be found that fairly teaches or suggests a reason to modify the cited prior art to further include the transistor of claim 9 or the relay and coil of claim 15. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SCOTT J CHMIELECKI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-7641 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9 am to 5 pm . 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 Ula Ruddock can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1481 . 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. /SCOTT J. CHMIELECKI/ Primary Examiner, Art Unit 1729
Read full office action

Prosecution Timeline

Aug 01, 2023
Application Filed
Mar 12, 2026
Non-Final Rejection — §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
79%
Grant Probability
99%
With Interview (+21.1%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 761 resolved cases by this examiner. Grant probability derived from career allow rate.

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