Prosecution Insights
Last updated: October 02, 2026
Application No. 18/426,358

BATTERY DEVICE

Non-Final OA §102§103§112
Filed
Jan 30, 2024
Priority
Feb 09, 2023 — RE 10-2023-0017541
Examiner
BUCHANAN, JACOB
Art Unit
Tech Center
Assignee
SK Inc.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allowance Rate
341 granted / 608 resolved
-3.9% vs TC avg
Strong +45% interview lift
Without
With
+44.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
37 currently pending
Career history
641
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
56.8%
+16.8% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 608 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 . 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. Claim 14 is 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 14 recites the limitation "the second case" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim, as the claim, the independent and intervening claims do not recite a second case. Claim 14 recites the limitation "the second venting hole" in line 3. There is insufficient antecedent basis for this limitation in the claim, as the claim, the independent and intervening claims do not recite a second venting hole. 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) 1-3, 6, 9, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herron et al. (US 2012/0231306). Regarding claim 1, Herron discloses a battery pack 200 comprising a plurality of battery modules 400 [cell assemblies] including a plurality of battery cells 501 ([0042], Figs 4-5), wherein the battery modules 400 are contained in a battery pack 200 covered with a top member 201 and having side structural members 203 and extended region/lip 205 on the sides ([0039], Fig 2). The upper surfaces of the battery modules [cell assemblies] are spaced apart from the housing (see top member 201) by a certain distance (see air space 703) ([0043], Fig 7). A first venting passage [air space 703] is formed in the housing facing the upper surfaces of the battery modules 400 [cell assemblies] ([0043], Fig 7). A second venting passage is formed in a space between first side surface of the plurality of cell assemblies [battery modules 400] and the housing (see space around battery module 111 and the area identified as compartment 107A in Figure 1, [0034]; and see location of exhaust ports/valve assemblies 305 in Figs 3 and 8 which are not covered by the battery modules 400). Regarding claim 2, Herron discloses all of the claim limitations as set forth above. Herron teaches the side structural members 203 [side wall housing] forms an internal space in which the plurality of cell assemblies [modules 400] are accommodated ([0039], Fig 2), the top member 201 [upper housing] covers the upper portion of the internal space ([0039], Fig 2), and a battery pack bottom member 707 [lower housing] covers a lower portion of the internal space ([0043], Fig 7). Regarding claim 3, Herron discloses all of the claim limitations as set forth above. Herron further teaches internal battery pack cross-members 301 and central member 303 [partition wall members] that partition the internal space inside the battery pack ([0040]-[0041], Fig 3). Further, as the cross-members and central members divide the battery pack, there are a plurality of second venting passages, wherein the second venting passages corresponding to each of a cell assembly [battery module 400], and the second venting passages are separated from each other by the cross-members 301 and central member 303 [partition wall member] (see Figs 1 and 3). Regarding claim 6, Herron discloses all of the claim limitations as set forth above. As seen in Figure 7, an air space 703 is between the modules 400 and the top member 201, and therefore the first venting passage is disposed through a region facing the upper surfaces of the plurality of cell assemblies [battery modules 400] ([0043], Fig 7). Regarding claim 9, Herron discloses all of the claim limitations as set forth above. Herron teaches the cross-members 301 and central member 303 [partition wall member/support frame] as fastened to the bottom member 707 [lower housing] (Fig 7). An upper-cross member 701 [blocking frame] is disposed between the bottom cross-member 301 [support frame] and the top member 201 [upper housing] ([0043], Fig 7), and the upper-cross member 701 faces the battery modules from opposite sides. However, while the battery modules 400 must have terminals in order to be connected, and appears to have terminals on the battery module 400 in Figure 5, Herron does not explicitly disclose where the terminals are in relation to the upper-cross member 701 [blocking frame]. However, implicitly, the upper-cross members 701 face the module terminals because cross-members have a portion that faces inward towards the modules. In addition, as the upper-cross member 701 [blocking frame] is disposed on cross-members 301 which are on opposite sides of a module, at least one upper-cross member faces the terminals. PNG media_image1.png 248 420 media_image1.png Greyscale Regarding claim 16, Herron discloses a battery pack 200 comprising a plurality of battery modules 400 [cell assemblies] including a plurality of battery cells 501 ([0042], Figs 4-5), wherein the battery modules 400 are contained in a battery pack 200 covered with a top member 201 and having side structural members 203 and extended region/lip 205 on the sides ([0039], Fig 2). Herron teaches the side structural members 203 [side wall housing] forms an internal space in which the plurality of cell assemblies [modules 400] are accommodated ([0039], Fig 2), the top member 201 [upper housing] covers the upper portion of the internal space ([0039], Fig 2), and a battery pack bottom member 707 [lower housing] covers a lower portion of the internal space ([0043], Fig 7). Herron further teaches internal battery pack cross-members 301 and central member 303 [partition wall members] that partition and divide the internal space inside the battery pack ([0040]-[0041], Fig 3). The upper surfaces of the battery modules [cell assemblies] are spaced apart from the housing (see top member 201) by a certain distance (see air space 703) ([0043], Fig 7). A first venting passage [air space 703] is formed in the housing facing the upper surfaces of the battery modules 400 [cell assemblies] ([0043], Fig 7). A second venting passage is formed in a space between first side surface of the plurality of cell assemblies [battery modules 400] and the housing (see space around battery module 111 and the area identified as compartment 107A in Figure 1, [0034]; and see location of exhaust ports/valve assemblies 305 in Figs 3 and 8 which are not covered by the battery modules 400). Further, as the cross-members and central members divide the battery pack, there are a plurality of second venting passages, wherein the second venting passages corresponding to each of a cell assembly [battery module 400], and the second venting passages are separated from each other by the cross-members 301 and central member 303 [partition wall member] (see Figs 1 and 3). 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. 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) 4-5 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herron et al. (US 2012/0231306), as applied to claim 2 or 9 above, and further in view of Shin et al. (KR 2022/0155879, see English language equivalent US 2023/0299415). Regarding claims 4-5, Herron discloses all of the claim limitations as set forth above. While Herron discloses an air space 703 [first venting passage] on an inner surface of the top member 201 [upper housing] ([0043], Fig 7) that moves vented gas to the exhaust port/valve assemblies 305 in the second venting passage (Fig 3), Herron does not explicitly disclose (claim 4) wherein the first venting passage is formed in a form of grooves, or (claim 5) wherein the first venting passage comprises a plurality of linear passages disposed in parallel, and a portion of each of the linear passages are disposed on an upper portion of the second venting passage. Shin discloses a battery pack including a plurality of battery modules, each including battery cells, a module housing accommodating the battery cells and a gas venting channel in communication with an inside of the module housing (abstract). The gas venting channel 150 includes a duct 151 divided by partitions 154 in a lengthwise direction, with narrow passages 157 between the partitions ([0071]-[0072], Figs 5 and 7). That is, the partitions and narrow passages are parallel and linear. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the partitions and narrow passages in a lengthwise direction of the duct as taught by Shin with the air space of Herron for the purpose of directing the vented gas to the outlet. Regarding claim 10, Herron discloses all of the claim limitations as set forth above. While Herron discloses the upper-cross members 701 [blocking frame] ([0043], Fig 7), Herron does not explicitly disclose: wherein the blocking frame is formed of a material melting at a temperature, higher than that of the support frame, and a fireproof member is disposed on a surface of the blocking frame. However, Herron teaches that the materials of such members may be designed in order to provide strength or a thermal barrier between compartments, and may utilize metals, or materials other than metal that have high melting temperature and low thermal conductivity ([0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a material for the upper-cross members 701 [blocking frame] having a higher melting temperature than the material of the cross-members 301 for the purpose of having higher thermal protection at the top because heat rises. With regards to a fireproof member, Shin discloses a battery pack including a plurality of battery modules, each including battery cells, a module housing accommodating the battery cells and a gas venting channel in communication with an inside of the module housing (abstract, [0058]). A firewall 130 is interposed between battery groups and divides the inner space of the module housing ([0022]). The firewall 130 may be made of a fire-resistant material or a stiff material, and may have a sheet of fire-resistant material attached to two sides ([0064]). That is, the embodiment of a sheet of fire-resistant material attached to two sides is a fireproof member disposed on a surface of a sheet/frame. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the sheets of fire-resistant material attached to two sides as taught by Shin with the upper-cross members of Herron for the purpose of having a firewall to block heat transfer and fire (Shin at [0064]). Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herron et al. (US 2012/0231306), as applied to claim 2 above, and further in view of Ohgitani et al. (US 2014/0205878). Regarding claims 7-8, Herron discloses all of the claim limitations as set forth above. While Herron discloses exhaust port/valve assemblies 305 [gas discharge members] wherein gas flowing into the second venting passage is discharged externally from the housing through the exhaust port/valve assemblies ([0040], Fig 3), Herron does not explicitly disclose (claim 7) the gas discharge member disposed in the side wall housing, or (claim 8) wherein the gas flowing into the second venting passage changes a direction of movement of gas at least once by the gas discharge member. Ohgitani discloses a battery case 1 for mounting under a floor of a vehicle comprising a case body 3 containing battery modules 2 and a cover 4 for closing over an opening of the case body (abstract). The battery case 1 further includes an exhaust duct 9 attached to the battery modules 2, wherein the exhaust duct 9 is constituted of a duct bank part 10 connected to the modules 2, and a connection duct part 11 that extends substantially like a letter U [changes a direction at least once] so as to rise to the rear face of the cover ([0026], Fig 3). The exhaust duct 9 connects with the side of the case body 3 (Fig 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the gas discharge through the side of the housing and the connection duct part of the exhaust duct having a U shape as taught by Ohgitani with the exhaust port/valve assemblies and side members of the housing of Herron for the purpose of discharging the gas without allowing water to invade the battery module (Ohgitani at [0010] and [0032]). Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herron et al. (US 2012/0231306) in view of Shin et al. (KR 2022/0155879, see English language equivalent US 2023/0299415), as applied to claim 5 above, and further in view of Schriever et al. (DE 10 2021202052, see machine translation) and Park et al. (WO 2022/108291, see English language equivalent US 2023/0420797). Regarding claims 11-12, modified Herron discloses all of the claim limitations as set forth above. While Herron discloses the modules in a case with mounting flanges 401 ([0042], see Fig 4), and teaches that the modules uses a plurality of a different cells, and teaches that the modules can use different form factors other than the cylindrical batteries ([0042]), Herron does not explicitly disclose wherein the cell assembly among the plurality of cell assemblies comprises a cell stack in which a plurality of battery cells are stacked. Shin discloses a battery pack including a plurality of battery modules, each including battery cells, a module housing accommodating the battery cells (abstract). The battery module 100 includes battery cells 110 that are stacked in a horizontal direction ([0059], Fig 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the cells stacked in a horizontal direction of a battery module as taught by Shin as the battery cells in the battery module of Herron for the purpose of having battery cells of a different form factor, said form factor allowing for a different spatial arrangement. However, modified Herron does not explicitly disclose wherein the case comprises a first case covering an upper surface of the cell stack and having a plurality of first venting holes formed therein, or (claim 12) wherein each of the linear passages is formed in a position, corresponding to at least one of the plurality of first venting holes. Schriever discloses a battery module comprising a module housing 3 in which battery cells 1 are stacked in a stacking direction to form a stack (abstract). The module housing 3 includes a housing part 5 having a bottom wall 7, top wall 9, and narrow side walls 11 ([0018], Fig 1). The top wall 9 includes a plurality of outlet openings 41 that allows vented gas from the batteries to exit ([0027]-[0029], Fig 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the outlet openings in the top wall of Schriever with the case of the module of Herron for the purpose of allowing the vented gas from the batteries to exit. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the outlet openings to coincide with the linear passages/partitions and narrow passages of Herron modified by Shin for the purpose of having the vented gases discharge. Modified Herron does not explicitly disclose wherein the case comprises a second case covering the first side surface and having a plurality of second venting holes formed therein. Park discloses a battery pack including a plurality of battery cell stacks, each battery cell stack including a plurality of battery cells 130; a battery pack case configured to receive the plurality of battery cell stacks, wherein the battery pack case includes a pack case space portion located adjacent to a first side of a first battery cell stack; and a beam located adjacent to a second side of the first battery cell stack (abstract, Fig 1). A battery module housing 101 wraps the outer surfaces of the battery cell stack ([0057]). In an embodiment, the battery module housing 101 includes end covers 160 with openings 161 formed therein ([0089]-[0090], [0096], Fig 6C). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the end covers with openings on the modules of Park with the battery modules of Herron for the purpose of allowing material to vent. Regarding claim 13, modified Herron discloses all of the claim limitations as set forth above. As Herron teaches a battery module with terminals on an end (Fig 5), and Park teaches a module case having openings at the end ([0089]-[0090], [0096], Fig 6C), the combination renders obvious a terminal disposed on a second side surface, opposite to the first side surface [having the end cover with openings]. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herron et al. (US 2012/0231306), as applied to claim 2 above, and further in view of Seo et al. (US 2020/0185672). Regarding claim 15, Herron discloses all of the claim limitations as set forth above. While Herron teaches the top member 201 [upper housing], Herron does not explicitly disclose wherein the upper housing comprises steel or stainless steel. Seo discloses a battery pack including a plurality of battery modules 100 contained in a pack case (abstract). The pack case includes a tray 200 including an interior space, a pack cover 300, and two side frames 400 ([0041], Figs 1-2). The tray 200, pack cover 300, and two side frames 400 may be made of steel to ensure rigidity ([0052]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the steel material of the pack cover of Seo with the top member [upper housing] of Herron for the purpose of ensuring rigidity of the pack case. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET). 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, Nicole Buie-Hatcher can be reached at 571-270-3879. 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. /JACOB BUCHANAN/ Examiner, Art Unit 1725 /NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Jan 30, 2024
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
99%
With Interview (+44.9%)
3y 6m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 608 resolved cases by this examiner. Grant probability derived from career allowance rate.

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