Prosecution Insights
Last updated: October 01, 2026
Application No. 18/460,669

BATTERY, ELECTRIC APPARATUS, AND METHOD AND APPARATUS FOR MANUFACTURING BATTERY

Non-Final OA §103
Filed
Sep 04, 2023
Priority
Oct 12, 2021 — CN 202111188271.0 +1 more
Examiner
CLARY, KAYLA ELAINE
Art Unit
1721
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Contemporary Amperex Technology Co., Limited
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
64 granted / 96 resolved
+1.7% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
28 currently pending
Career history
134
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 96 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 . Election/Restrictions Claim 3, 9-11, and 20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B-D, II, and 2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/26/2026. Applicant’s election without traverse of 1-2, 4-8, and 12-19 in the reply filed on 05/26/2026 is acknowledged. 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) 1-2, 4-5, 7-8, and 12-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US-20210218104-A1) in view of Murakami (JP-2008198453-A as provided in the IDS dated 09/04/2023 with citations from the provided translation). Regarding Claim 1, Cho teaches: A battery, characterized by comprising (a battery pack, see [0005]): a box (see annotated Fig. 8 below); and at least one row of battery cells accommodated in the box (see battery cells 10 in annotated Fig. 8 below), wherein the battery cell is a polyhedral structure and comprises a first wall and a second wall connected to each other (terminal surface 15 and main surface 12, see Fig. 8 and [0049]), Cho does not teach the following limitation in combination with other oriental limitations of Claim 1: the first wall being perpendicular to a first direction, To solve the same problem of thermal management of a battery (see [0018]), Murakami teaches providing cooling passes to remove heat generated by the batteries during use, see [0018]. Murakami additionally teaches adopting a parallelogram shape of the battery reduces the pressure loss of the cooling air when introducing the cooling air, see Fig. 3 (comparative example), Fig. 4, [0021], and [0026]. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have provided cooling passes in the battery pack of Cho to remove heat generated by the batteries during use. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have provided the battery cells of Cho into a parallelogram shape to reduce the pressure loss of the cooling air. Cho does espouse an optional arrangement in which the main surfaces 11 and 12 of adjacent battery cells do not completely overlap/align with one another, see [0050]. The purpose of not having full alignment is to suppress thermal runaway, see [0073]. Similarly, Murakami solves the problem of thermal management of the battery, see [0018]. Therefore, it is the Examiner’s position that the skilled artisan would be motivated use the thermal management system of Murakami with the cooling air passes which is aided by having a parallelogram shaped battery cells. the second wall being a wall with a largest area in the battery cell and oblique to the first direction (Main surface 12 has the largest area among the surfaces of the surfaces of the battery cell, see [0049]. The main surface 12 is shown obliquely disposed, see Fig. 8 and [0051] ), and the first direction being parallel to a direction of gravity (based on the indication of the top 15 and bottom surfaces 14 of the cells it is reasonable to conclude the direction of gravity is in the direction as indicated in annotated Fig. 8, see [0051]); wherein each row of battery cells in the at least one row of battery cells are arranged along a second direction perpendicular to the first direction (see direction Z1 in annotated Fig. 8 below), and adjacent ones of the battery cells are attached to each other via the second wall (The main surfaces 12 (i.e. second wall) are shown to be in contact with the adjacent battery cell 10, see Fig. 8. This is consistent with the interpretation of attached provided in the instant specification, see instant spec.- [0009] and Fig. 8). PNG media_image1.png 851 1340 media_image1.png Greyscale Regarding Claim 2, as rendered obvious above, Cho in view of Murakami (see Cho-annotated Fig. 8 above and Murakami-Fig. 4) teaches the battery cells have a parallelogram cross section with the following claimed orientation: characterized in that the battery cell comprises two first walls parallel to each other and two second walls parallel to each other, and the battery cell has a parallelogram cross section on a plane perpendicular to the first walls and the second walls . Regarding Claim 4, annotated Fig. 8 above shows: characterized in that the first wall and the second wall extend along a length direction of the battery cell, and the length direction of the battery cell is perpendicular to the first direction and the second direction. Regarding Claim 5, annotated Fig. 8 above shows: characterized in that each row of battery cells are arranged sequentially along a thickness direction of the battery cells, wherein the thickness direction of the battery cells is parallel to the second direction. Regarding Claim 7, modified Cho teaches: characterized in that the battery cell further comprises a pressure relief mechanism disposed on the third wall or the first wall (“Each of the battery cells 10 of the battery pack may be provided with a vent portion for relieving excess inner pressure that may occur while a part of the battery cell 10 is broken when the inner pressure of the battery cell 10 increases to a predetermined threshold pressure or more,” see [0089]. The vents on the battery cells 10 is shown to be disposed on the indicated first wall in annoted Fig. 8 above.). Regarding Claim 8, modified Cho teaches: characterized in that in the at least one row of battery cells, a plurality of battery cells in a same row are sequentially attached to each other via the second wall to form an entirety (see annotated Fig. 8 above). Regarding Claim 12, modified Cho discloses: characterized in that a second spacer is provided between two adjacent rows of battery cells, and the second spacer is at least one of the following structures: a cross beam, a thermal management component, and a structural adhesive (Plurality of batteries arranged in rows with fastening portion FP arranged between battery rows, see [0067] and Fig. 3a. The fastening portion at least can be interpreted as a cross beam. ). Regarding Claim 13, Cho’s Fig. 8 teaches: characterized in that the battery further comprises an end plate disposed at least at one end of the at least one row of battery cells in the second direction, wherein the end plate has a wall oblique to the first direction, and the oblique wall is configured to be attached to the second wall of the battery cell. Regarding Claim 14, all of Cho’s examples teaches: characterized in that thickness of the end plate at an end facing a direction of gravity is greater than thickness of the end plate at an end facing away from the direction of gravity (at least a portion of the end plate 52 has a greater thickness toward the direction of gravity than at least a portion of the end plate toward the direction of away from gravity, see Fig. 4 and Fig. 6). Regarding Claim 15, modified Cho teaches: characterized in that the battery further comprises thermal management components corresponding to walls other than the second walls of the at least one row of battery cells for thermal management of the at least one row of battery cells (as shown in Fig. 8 the vent portion V is formed on the terminal surface 15 (i.e. the first surface)). Regarding Claim 16, modified Cho in view of Lee teaches: characterized in that the thermal management component is disposed on a side of the at least one row of battery cells facing interior of an electric apparatus in which the at least one row of battery cells are located (Modified Cho in view of Lee teaches the inclusion of cooling passes, see Lee-[0018] and Fig. 1. Cho further teaches the first holder plate 300 which can be mounted to a vehicle is located , see Cho-[0089], [0057], and Figs. 6 and 8. It the Examiner’s position that because the cooling passes are a three dimensional object at least some portion of it faces some region that can broadly be interpreted of the interior of the vehicle). Regarding Claim 17, modified Cho teaches: characterized in that a pressure relief mechanism of the at least one row of battery cells is disposed on a side of the at least one row of battery cells facing away from the interior of the electric apparatus in which the at least one row of battery cells are located (A vent portion formed on the terminal surface 15 (i.e., the first surface), see [0089]. Cho further teaches the first holder plate 300 which can be mounted to a vehicle, see [0089], [0057], and Figs. 6 and 8. It the Examiner’s position that because the vent portion is a three dimensional object at least some portion of it faces some region that can broadly be interpreted to face away from the interior of the vehicle). Regarding Claim 18, modified Cho teaches: An electric apparatus, characterized by comprising the battery according to claim 1, wherein the battery is configured to supply electric energy to the electric apparatus (the battery is suitable to provide a driving power source to a vehicle, see [0101]). Regarding Claim 19, Cho teaches the limitations below. Note, under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated or rendered obvious by the prior art device, see 2112.02 I. A method for manufacturing battery, characterized by comprising (a battery pack, see [0005]): providing a box (see annotated Fig. 8 above); providing at least one row of battery cells (see battery cells 10 in annotated Fig. 8 above), wherein the battery cell is a polyhedral structure and comprises a first wall and a second wall connected to each other (terminal surface 15 and main surface 12, see Fig. 8 and [0049]), Cho does not teach the following limitation in combination with other oriental limitations of Claim 1: the first wall being perpendicular to a first direction, To solve the same problem of thermal management of a battery (see [0018]), Murakami teaches providing cooling passes to remove heat generated by the batteries during use, see [0018]. Murakami additionally teaches adopting a parallelogram shape of the battery reduces the pressure loss of the cooling air when introducing the cooling air, see Fig. 3 (comparative example), Fig. 4, [0021], and [0026]. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have provided cooling passes in the battery pack of Cho to remove heat generated by the batteries during use. Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have provided the battery cells of Cho into a parallelogram shape to reduce the pressure loss of the cooling air. Cho does espouse an optional arrangement in which the main surfaces 11 and 12 of adjacent battery cells do not completely overlap/align with one another, see [0050]. The purpose of not having full alignment is to suppress thermal runaway, see [0073]. Similarly, Murakami solves the problem of thermal management of the battery, see [0018]. Therefore, it is the Examiner’s position that the skilled artisan would be motivated use the thermal management system of Murakami with the cooling air passes which is aided by having a parallelogram shaped battery cells. the second wall being a wall with a largest area in the battery cell and oblique to the first direction (Main surface 12 has the largest area among the surfaces of the surfaces of the battery cell, see [0049]. The main surface 12 is shown obliquely disposed, see Fig. 8 and [0051] ), and the first direction being parallel to a direction of gravity (based on the indication of the top 15 and bottom surfaces 14 of the cells it is reasonable to conclude the direction of gravity is in the direction as indicated in annotated Fig. 8, see [0051]); wherein each row of battery cells in the at least one row of battery cells are arranged along a second direction perpendicular to the first direction (see direction Z1 in annotated Fig. 8 above), and adjacent ones of the battery cells are attached to each other via the second wall (The main surfaces 12 (i.e. second wall) are shown to be in contact with the adjacent battery cell 10, see Fig. 8. This is consistent with the interpretation of attached provided in the instant specification, see instant spec.- [0009] and Fig. 8); and accommodating the at least one row of battery cells in the box (see Fig. 8). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US-20210218104-A1) in view of Murakami (JP-2008198453-A as provided in the IDS dated 09/04/2023 with citations from the provided translation) as applied to Claim 1 and in further view of Kim et al. (US-20200350530-A1). Regarding Claim 6, modified Cho does not teach: characterized in that the battery cell further comprises a third wall located at an end of the battery cell in the length direction and connected to the first wall and the second wall; and the battery cell further comprises an electrode terminal disposed on the third wall. To solve the same problem of designing a battery pack (see Abstract), Kim teaches disposing the terminals of battery cells on an x-z plane in Fig. 4 (i.e., the third wall), see also [0065]. Kim further teaches “”the terminals of the plurality of battery cells 310 may also be in parallel with other planes according to positions or a connecting method of the terminals,” see [0065]. The disclosure of Kim teaches that the positioning of the terminals on the side surface is a conventional and successful structure based on the desired connecting method of the terminals. Consequently, one of ordinary skill in the art at the time the instant invention was filed would have had a reasonable expectation of success in providing the battery cells of Cho with terminals on the side surface base on the teaching of Kim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT). 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, Allison Bourke can be reached at 303-297-4684. 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. /K.E.C./ Kayla E. ClaryExaminer, Art Unit 1721 /ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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Prosecution Timeline

Sep 04, 2023
Application Filed
Aug 13, 2026
Non-Final Rejection mailed — §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
67%
Grant Probability
92%
With Interview (+25.0%)
3y 4m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 96 resolved cases by this examiner. Grant probability derived from career allowance rate.

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