Prosecution Insights
Last updated: July 17, 2026
Application No. 18/423,807

BATTERY PACK

Non-Final OA §103
Filed
Jan 26, 2024
Priority
Jan 31, 2023 — JP 2023-012959
Examiner
RASSOULI, LILI
Art Unit
Tech Center
Assignee
Prime Planet Energy & Solutions Inc.
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
2 granted / 2 resolved
+40.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
21 currently pending
Career history
19
Total Applications
across all art units

Statute-Specific Performance

§103
94.3%
+54.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 01/26/2024, 09/10/2024, 06/10/2025, and 10/06/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. 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. Claims 1, 4-6, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Nan (WO 2022204882 A1, citations from enclosed machine translation), and further in view of Yoshida et al. (WO 2018207607, citations from enclosed machine translation). Regarding claim 1, Nan teaches a battery pack (Fig. 1, p. 4, lines 34-37) comprising: a plurality of rectangular secondary batteries that are disposed along a predetermined arrangement direction (Fig. 1, p. 4, lines 34-37; battery cells 11 arranged adjacent one another and stacked along first direction X; battery cells 11 may be lithium-ion batteries (p. 4, line 37). As illustrated in Fig. 1, the battery cells 11 have a prismatic/rectangular configuration); and a spacer that is disposed between the rectangular secondary batteries that are adjacent in the arrangement direction (p. 4, line 35; composite unit 12 corresponds to the claimed spacer arranged at intervals between battery cells), wherein the spacer includes an elastic part (Fig.2, p. 4, line 39, elastic material layer 121) configured to be elastically deformable in the arrangement direction (p. 5, lines 5-10), Specifically, Nan teaches the elastic material layer 121 may comprise foam material including pores distributed within the elastic material layer (p. 5, lines 5-10). Nan further teaches the elastic material layer provides buffering through deformation and absorbs expansion of the battery cells during electrochemical cycling (p. 5, lines 5-10). and a heat insulation part disposed between the elastic part and the rectangular secondary battery in the arrangement direction and having lower heat conductivity than the elastic part (page 4, lines 39-45, heat insulating material 122). Specifically, Nan teaches heat insulating material layer 122 disposed adjacent elastic material layer 121 between adjacent battery cells 11 along first direction X (Fig. 2; p. 4, lines 39-50). Nan further teaches that the thermal conductivity of the heat insulating material layer 122 is less than or equal to 0.2 W/mK (p. 5, lines 1-3) and, in some embodiments, less than or equal to 0.1 W/mK or even less than 0.07 W/mK (p. 5, lines 12-15). Nan additionally teaches that elastic material layer 121 may comprise foam material used for buffering and deformation functions (p. 5, lines 5-10), while the heat insulating material layer 122 is specifically configured to slow down or isolate thermal conduction and thermal runaway propagation (p. 5, lines 16-19). Accordingly, Nan teaches that the heat insulating material layer has lower thermal conductivity than the elastic material layer. Nan does not teach the spacer includes a plurality of hollow parts extending along the arrangement direction. Nan teaches the elastic material layer 121 may comprise foam material including pores distributed within the elastic material layer (p. 5, lines 5-10). The pores of the foam elastic material may constitute hollow parts within the elastic material layer extending through the material in the arrangement direction. However, Yoshida teaches this limitation. Yoshida teaches a separator 12, disposed between adjacent prismatic/rectangular secondary battery cells 1 arranged in a stacked direction (Fig. 2; p. 3, lines 34-36). Yoshida further teaches multilayer separator structures in which different layers provide different functions, including flexibility and heat insulation. Specifically, Yoshida teaches forming a heat insulating layer with a material with high heat insulating property while configuring another layer with a material having flexibility (p. 6, lines 45-60; p. 7, lines 1-3). Yoshida teaches that either layer can include holes to improve the workability of the separator (p. 6, lines 45-60). Yoshida further teaches that separator 12 includes a plurality of independently formed hole portions 12x (Fig. 3, p. 5, lines 24-33; Fig. 4D, p. 6, lines 45-60), wherein the hole portions may have different shapes rather than circular shape (p. 5, lines 56-58). Therefore, Yoshida teaches hollow structures having circular or non-circular cross sectional surfaces that may be through hole or non through hole (p. 5, lines 57-59), thereby teaching the claimed plurality of hollow parts. Yoshida further teaches that the plurality of hole portions improves heat insulation between adjacent battery cells and suppresses propagation of heat and fire (p. 5, lines 31-33). Further, Nan and Yoshida are considered to be analogous to the claimed invention because both are directed to battery modules including multilayer separators/spacers disposed between adjacent secondary battery cells for buffering, insulation, and deformation absorption. Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify Nan’s porous elastic part to include the plurality of hollow parts/hole portions taught by Yoshida in order to suppresses propagation of heat and fire (p. 5, lines 31-33). Regarding claim 4, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Nan further teaches a limitation wherein an area of a surface of the elastic part that is orthogonal to the arrangement direction is less than or equal to an area of a surface of the heat insulation part that is orthogonal to the arrangement direction (Figs. 2, 3, and 5; p. 5, lines 30-34, 36-38, 50-54). Specifically, Nan teaches that along the first direction X, the orthographic projection of the insulating material layer 122 covers the orthographic projection of the elastic material layer 121 (p. 5, lines 36-38). Nan further teaches that the orthographic projection of the heat insulating material layer 122 is greater than or equal to the orthographic projection of the contact surface of the composite unit 12 and the cell 11 (p. 5, lines 30-34). The claimed “surface orthogonal to the arrangement direction” reasonably corresponds to Nan’s orthographic projection along first direction X. Thus, Nan teaches that the projected area of the heat insulating material layer 122 is greater than or equal to the projected area of the elastic material layer 121. Nan further illustrates such relationships in Figs. 2, 3, and 5, including embodiments in which the heat insulating material layer 122 partially or fully surrounds elastic material layer 121, thereby providing greater projected area coverage and improved thermal insulation performance (p. 5, lines 50-54). Regarding claim 5, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Yoshida further teaches a limitation wherein in the elastic part, one end part of the plurality of hollow parts in the arrangement direction is closed and the other end part thereof is open. Specifically, Yoshida teaches non-penetrating hole portions formed in a separator structure, wherein the hole portions may be opened only on one surface side of the separator (p. 6, lines 11-12, Fig. 4B) to enhance the heat insulation performance and reduce the radiation (p.6, lines 20-22). Yoshida further teaches multilayer separator structures in which different layers provide different functions, including flexibility and heat insulation. Specifically, Yoshida teaches forming a heat insulating layer with a material with high heat insulating property while configuring another layer with a material having flexibility (p. 6, lines 45-60; p. 7, lines 1-3). Yoshida teaches that either layer can include holes to improve the workability of the separator (p. 6, lines 45-60). Yoshida further teaches layered separator structures including insulating layers having hole portions formed only on one side of the insulating layer (p. 6, lines 54-56; Fig. 4D). Such non-penetrating hole structures correspond to hollow parts having one open end and one closed end. Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify modified Nan’s hollow parts of the elastic part to include non-penetrating hollow parts as taught by Yoshida, such that one end part is closed and the other end part is open, in order to improve heat insulating performance and reduce the radiation (p.6, lines 20-22). Regarding claim 6, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Nan further teaches a limitation wherein a part of the elastic part is disposed in the heat insulation part (Fig. 6; p. 6, lines 21-22). Specifically, Nan teaches embodiments in which heat insulating material layer 122 is disposed on the surface of elastic material layer 121 and wraps the elastic material layer 121 (Fig. 6; p. 6, lines 21-22). Regarding claim 8, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Yoshida further teaches a limitation wherein the spacer further includes a base part with a flat plate shape (Fig. 4D). Yoshida teaches multilayer separator structures in which additional layers may be added to provide different functions (p.6, line 60; p. 7, lines 1-9). Specifically, Yoshida teaches that the number of layers is not limited to two, but may be three or more and that different functions may be added (p. 6, line 60; p. 7, lines 1-9; p. 2, lines 14-17), wherein an intermediate insulating layer is a solid layer to improve strength (p. 7, lines 7-8). Yoshida further teaches laminated separator structures including multiple flat layered members (Fig. 4D, p. 6, lines 45-54). Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify modified Nan’s spacer to further include an additional flat plate-shaped base layer as taught by Yoshida in order to provide additional functions and improve strength (p.6, line 60; p. 7, lines 1-9). Regarding claim 10, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Yoshida further teaches a limitation wherein the hollow part has a tapered shape along the arrangement direction. As discussed with respect to claim 1, Yoshida teaches that separator 12 includes a plurality of independently formed hole portions 12x (Fig. 3, p. 5, lines 24-33; Fig. 4D, p. 6, lines 45-60). Yoshida further teaches that the hole portions may have various shapes, including polygonal, quadrilateral, and hexagonal shapes, and that different shapes may be combined (p. 5, lines 56-59). Yoshida also teaches that the hole portions may be formed obliquely or inclined with respect to the separator surface (p. 7, lines 4-9). Accordingly, Yoshida recognizes that the geometry of the hollow portions may be varied. Providing the hollow portions with a tapered shape along the arrangement direction would have been an obvious, predictable variation of the disclosed hole geometries with no affect on the functionality and would have constituted a matter of design choice within the ambit of a skilled artisan. See MPEP 2144.04(IV)(B). Therefore, it would have been obvious to modify Yoshida's hollow portions to have the claimed tapered shape. Claims 2, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nan, as modified by Yoshida, as applied to claim 1 above, and further in view of Ataka (JP 2015069873 A, citations from enclosed machine translation). Regarding claim 2, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Modified Nan does not teach a limitation wherein the elastic part has a honeycomb structure. Yoshida teaches that separator 12 includes a plurality of independently formed hole portions 12x (Fig. 3, p. 5, lines 24-33; Fig. 4D, p. 6, lines 45-60), wherein the hole portions may have polygonal shapes including a hexagonal shape (p. 5, lines 56-58). Further, Yoshida teaches that separator 12 may be configured with a material having flexibility (p. 6, lines 45-60; p. 7, lines 1-9), whereby the separator exhibits flexibility, and deformation absorption capability (p. 7, lines 5-9). Accordingly, Yoshida teaches an elastic/flexible material having hollow parts with hexagonal shape, but does not teach a specific honeycomb structure. However, Ataka teaches this limitation. Specifically, Ataka teaches an assembled battery including a plurality of storage elements and separators interposed therebetween (Fig. 1; [0015]). Ataka further teaches the separator 4c formed of a material such as silicon, and a carbon nanotube-containing resin plate or the like ([0018]) having a honeycomb structure including a plurality of through holes for increasing separator strength and promoting heat dissipation ([0027-0029]). Ataka additionally teaches separators exhibiting elasticity and elastic force. Specifically, separator 4b possesses elasticity due to the provision of through holes ([0025-0026]), and wave-shaped separator 4d exhibits elastic force and buffering capability ([0032]). Further, Ataka teaches that separators 4a-4d may be used in combination with one another and that two or more separator types may be combined ([0037]). Accordingly, Ataka teaches an elastic separator having a honeycomb structure. Further, modified Nan and Ataka are considered to be analogous to the claimed invention because both are directed to battery modules including porous separators/spacers. Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify modified Nan's elastic layer to employ the honeycomb separator structure taught by Ataka in order to improve heat dissipation, and increase structural strength ([0027]-[0029]). Regarding claim 9, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Modified Nan does not teach a limitation wherein the elastic part includes a hole part that communicates between the plurality of hollow parts. However, Ataka teaches this limitation. Specifically, Ataka teaches an assembled battery including a plurality of storage elements and separators interposed therebetween (Fig. 1; [0015]). Ataka further teaches separators formed of materials such as silicon, glass, and carbon nanotube-containing resin plates ([0018]). Moreover, Ataka teaches that wave-shaped separator 4d exhibits elastic force ([0032]), thereby teaching an elastic separator. As shown in Fig. 4, separator 4d includes groove portions 11, and through holes 3d are formed between the groove portions 11 ([0030]). The groove portions 11 define elongated recessed channels that provide flow paths for cooling air and place the hollow regions defined by the through holes 3d in fluid communication. Accordingly, Ataka teaches an elastic separator including a hole part, namely the groove portions 11, that communicates between a plurality of hollow parts, namely the holes 3d. Further, Ataka teaches that heat generated by the storage element is removed through the corrugated separator 4d and efficiently dissipated through the large through holes 3d ([0032]), thereby demonstrating the benefit of providing communication passages between the hollow portions. Further, modified Nan and Ataka are considered to be analogous to the claimed invention because both are directed to battery modules including porous separators/spacers. Therefore, it would have been obvious before the effective filing date of the claimed invention to modify modified Nan's elastic part to incorporate the groove portions and communicating through-hole structure taught by Ataka in order to provide flow paths between hollow portions and improve heat dissipation of the battery module ([0030, 0032]). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Nan, as modified by Yoshida, as applied to claim 1 above, and further in view of Nagai et al.( US 20220271386 A1). Regarding claim 3, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Modified Nan does not teach a limitation wherein a ratio of a total area of the plurality of hollow parts to an entire area of the elastic part in a surface of the elastic part that is orthogonal to the arrangement direction is 0.35 or more and 0.8 or less. However, Nagai teaches this limitation. Specifically, Nagai teaches a spacer 20 disposed between adjacent secondary batteries, wherein the spacer is made of an elastic body (Fig. 1, [0006]). As shown in Fig. 3, spacer 20 includes a base portion 22 and a plurality of protrusions 24 formed on both side surfaces of the base portion ([0035]). The protrusions 24 are separated from one another, thereby defining intervening recessed regions or void spaces on the surface of the elastic body. Nagai further teaches that the contact area between the protrusions 24 and the battery case 14 is preferably about 10% to 80% of the projected area of the base portion 22 ([0035]). Consequently, the non-contact regions or void spaces defined between the protrusions occupy approximately 20% to 90% of the projected area of the base portion 22. This structure suppresses a decrease in capacity of each secondary battery due to repeated charging and discharging a ([0005]). Because the claimed ratio of the total area of the plurality of hollow parts to the entire area of the elastic part is 0.35 to 0.8 (35% to 80%), the claimed range lie inside the 20% to 90% area occupied by the non-contact regions between the protrusions taught by Nagai. It is noted that where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists. See MPEP 2144.05. Further, modified Nan and Nagai are considered to be analogous to the claimed invention because both are directed to battery modules including elastic spacers. Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify the elastic part of modified Nan to provide the ratio of hollow-part area to elastic-part area as taught by Nagai in order to suppress a decrease in capacity of each secondary battery due to repeated charging and discharging ([0005]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nan, as modified by Yoshida, as applied to claim 1 above, and further in view of Kogami et al.(US 20220173454 A1). Regarding claim 7, Nan, as modified by Yoshida, teaches all imitation of claim 1, as stated above. Modified Nan does not teach a limitation wherein the elastic part and the heat insulation part are integrated by a binding member. However, Kogami teaches this limitation. Specifically, Kogami teaches a separator 2 including heat insulating sheet 5 and rubbery elastic sheet 6 stacked together ([0007, 0043], Fig. 5). Kogami further teaches that rubbery elastic sheet 6 and heat insulating sheet 5 are bonded to each other with an adhesive layer or a sticky layer interposed therebetween and disposed at a fixed position ([0044]). Kogami additionally teaches that the separator structure is configured to suppress deterioration of heat insulating properties while absorbing expansion of the battery cells through the elastic sheet ([0006]). Further, modified Nan and Kogami are considered to be analogous to the claimed invention because both references are directed to battery modules including separator/spacer structures having elastic and heat insulating layers disposed between adjacent battery cells for thermal management and expansion absorption Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to modify modified Nan’s elastic material layer 121 and heat insulating material layer 122 to be bonded together using a binding member as taught by Kogami in order to secure the layers together at fixed positions, and suppress deterioration of heat insulating performance during battery expansion and operation ([0006, 0044]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lili Rassouli whose telephone number is (571)272-9760. The examiner can normally be reached Monday-Thursday 8:00 AM-4:00 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, Matthew T 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. /LILI RASSOULI/ Examiner, Art Unit 1728 /MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

Jan 26, 2024
Application Filed
Jun 30, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
3y 0m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 2 resolved cases by this examiner. Grant probability derived from career allowance rate.

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