Prosecution Insights
Last updated: October 01, 2026
Application No. 18/440,787

SECONDARY BATTERY

Non-Final OA §102§103
Filed
Feb 13, 2024
Priority
Aug 23, 2023 — RE 10-2023-0110476
Examiner
MCCONNELL, WYATT P
Art Unit
Tech Center
Assignee
Samsung SDI Co., Ltd.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
853 granted / 1058 resolved
+20.6% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
1072
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
23.3%
-16.7% vs TC avg
§112
24.1%
-15.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1058 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 . 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. (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, 5, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2022/0352579 to Chen (“Chen”). Regarding claims 1 and 16, Chen discloses a battery comprising an electrode unit (100) having a first tab (120) and a second tab (130) extending from opposite longitudinal ends of the electrode unit. Chen at paragraph [0062] and Figure 9. The electrode unit is contained in a housing (200), with one open end of the housing adjacent the first tab sealed by a first cover plate (300). The first tab (120) is electrically connected to the first cover plate (300). Thus, the first tab (120) and first cover plate (300) disclosed in Chen correspond to the recited second tab and second cover plate respectively. The battery is of rectangular prismatic shape where the width and thickness of the electrode unit and housing is shorter than the overall length/height of them. See, e.g., Figures 8 and 9. The housing of Chen (200) includes a second opening opposite the first opening, the second opening sealed by a second cover plate (800). In some embodiments a first electrode terminal (600) and second electrode terminal (700) are included on the second cover plate with the first electrode terminal electrically connected to the second cover thereby creating electrical connection between the first terminal first tab via the housing (200) and first cover plate (300). The second electrode terminal is insulated from the second cover plate, penetrating the second cover plate to make electrical contact with the second tab. Thus, the disclosed second electrode terminal (700), second cover plate (800) and second tab (130) of Chen correspond respectively to the recited first electrode terminal, first cover plate and first tab. Further regarding claim 5, the first tab (120) includes connecting portion (121) that penetrates through the first cover plate (300), and a fixing portion (122) that connects to the first cover plate (300). Thus, the connecting portion and fixing portion are considered to correspond to the recited second current collector plate flat part and second current collector protrusion respectively. 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. Claim(s) 2-4 and 6-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen. Further regarding claim 2, Chen does not disclose exactly how its tab (130) and terminal (170) are connected. Nonetheless, the Office finds that, absent additionally required structure of the recited current collector, the portion of the tab extending away from the electrode body similar to the connecting portion (121) of the other tab, and the portion of the tab (130) that physically connects to the terminal similar to the fixing portion (122) of the other tab would be considered to correspond to the recited current collector. Firs addressing claims 3 and 6, although Chen discloses that the fixing portion (122) is a flat plate connected to an outside of the first cover plate, it does expressly disclose that it is welded thereto, or how the first tab (120) and connecting portion (121) are connected. Nonetheless, because Chen discloses welding as a means of attaching various conductively attached pieces, the Office finds that the person of ordinary skill in the art at the time of invention would have considered welding to be nothing more than an obvious commonly known technique for joining these structures. Further regarding claim 7, Chen discloses a separating plate (500) located between the electrode unit and the cover plate (300) to insulate the electrode unit from the cover plate. The separating plate (500) includes a through-hole through which the connecting portion (121) passes. Chen at paragraphs [0085] and [0086]. Similarly regarding claim 4, although Chen does not disclose a corresponding insulating member between the cover plate and current collector on the other end of the battery (i.e., the end having terminals attached thereto), the Office finds that because Chen notes that because the tab/current collector at the other end is of a polarity opposite to that of the case, and because Chen discloses a need to insulate the terminal from the case, the person of ordinary skill in the art at the time of invention would recognize a need to also insulate the tab/current collector associated with terminal (700). Further regarding claim 10, Chen discloses that its fixing portion (122) is connected to a bottom plate (321) of the cover plate (300) that protrudes inward towards the inner cavity of the housing. Further regarding claim 12, the cover plates (300) and (800) seal against the housing along long edges and short edges. Although Chen doesn’t state how the cover plates connect to the housing, because welding is used for other connections of the battery, the Office finds the person of ordinary skill in the art would find use of it in sealing the cover plates and housing to be nothing more than the obvious use of a commonly known and already-used technique for sealing the two structures together, resulting in a weld line on both short and long sides of the connected housing. Further regarding claim 13, like the housing, the electrode body is a rectangular body having a thickness less than its width. The sides of the electrode body defining its thickness will be considered to correspond to the recited short sides. Although Chen does not disclose insulating plates between those sides and the housing unit, Chen does disclose a need to insulate the electrode body from the housing, since the housing is connected to one of the electrode tabs, in order to prevent unwanted short circuiting (see discussion of the separating plate (500) at claim 7 above). Thus, the Office finds that the person of ordinary skill in the art at the time of invention would have had had reason to provide insulating plates similar to separating plate (500) between all sides of the electrode body and the housing unit in order to prevent unwanted electrical contact between parts of the electrode body and the housing. Further regarding claims 8, 9, and 15, provision of a vent assembly and vent hole on a cap plate of a battery to vent gases in the event of an overcharge/overdischarge condition causing overheating, decomposition of electrolyte, and pressure build-up in the battery are ubiquitous features in prismatic batteries, as are electrolyte injection holes and associated plugs. Chen makes clear that placement of features of its cap plate (such as terminals) can be placed on either the first or second cap plate. Thus, the Office finds placement of these ubiquitous features on either cap plate of Chen to be nothing more than the common use of widely known structures for their intended purpose. Regarding the recited whole in the insulating plate, because the insulating plate of Chen would prevent gas from evacuating out of a vent hole in the cover plate adjacent the insulating member (500), the Office finds it would have been obvious to provide a vent through-hole in member (500) in order to allow the gases to vent out of a cap-plate vent. Further regarding claim 11, Chen discloses ensuring that its second terminal, which corresponds to the recited first terminal, is insulated from the cap plate, making provision of an insulating member around the terminal, including the portion passing through the cover plate, obvious. Although Chen only discloses a single through-hole for the terminal to pass through, the Office finds provision of additional through-holes to be nothing more than an obvious modification of the disclosed need to allow the terminal to pass through the cap plate while attaching securely to the cab plate. Further regarding claim 14, Chen is silent regarding the recited protrusions/recesses in for accommodating/coupling its second terminal. However, Chen discloses protruding transition portions (326) of its first cover plate (300) that help to create a recess (320) in the exterior of the cover into which the fixing portion fits, thereby making the battery more compact/energy dense. Thus, in order to make the battery more compact, the person of ordinary skill in the art at the time of invention would have had reason to provide similar protrusion/recess portions in the cover plate on which the terminals sit, with the terminals coupling inside the recess. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT P MCCONNELL whose telephone number is (571)270-7531. The examiner can normally be reached 9am to 5pm M-F. 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, Barbara Gilliam can be reached at 571-272-1330. 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. /WYATT P MCCONNELL/Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Feb 13, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §102, §103 (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
81%
Grant Probability
90%
With Interview (+9.4%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1058 resolved cases by this examiner. Grant probability derived from career allowance rate.

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