Prosecution Insights
Last updated: July 17, 2026
Application No. 18/538,733

SECONDARY BATTERY

Non-Final OA §102§103
Filed
Dec 13, 2023
Priority
Jun 28, 2023 — RE 10-2023-0083296
Examiner
MARTIN, ANGELA J
Art Unit
Tech Center
Assignee
Samsung SDI Co., Ltd.
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
36%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
590 granted / 874 resolved
+7.5% vs TC avg
Minimal -32% lift
Without
With
+-32.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 12m
Avg Prosecution
60 currently pending
Career history
953
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
85.5%
+45.5% vs TC avg
§102
12.7%
-27.3% vs TC avg
§112
1.0%
-39.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 874 resolved cases

Office Action

§102 §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 . The pending claims are claims 1-20. 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)(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. Claim(s) 1-7, 9-13, 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al., US 2012/0052341. Regarding claim 1, Kim et al., teaches a secondary battery (abstract) comprising: an electrode assembly (abstract) comprising a first electrode tab (0053) and a second electrode tab (0053) at a top portion (0060); a first terminal electrically connected to the first electrode tab of the electrode assembly (0024); a case accommodating the electrode assembly (abstract) and a portion of the first terminal (0048) and comprising a safety vent at a bottom portion (0016; 0055-0056); a side retainer (abstract) between a side of the case and a side of the electrode assembly (abstract); and a cap plate sealing a top opening of the case (0014; 0016), wherein the side retainer comprises a gas movement passage (0084; 0092; 0098) extending in a third direction, which is a longitudinal direction of the case (0061-0063). Regarding claim 2, Kim et al., teaches wherein the side retainer comprises: a side body portion (0010-0012) that is a rectangular plate sized to correspond to a surface of the electrode assembly (0054); and side guide portions protruding from both long sides of the side body portion toward the case (0084; 0092). Regarding claim 3, Kim et al., teaches wherein the side guide portions extend along the third direction (0084; 0092), which is the longitudinal direction of the case, such that the gas movement passage is provided at an outside of the side body portion by the side guide portions (Fig. 3-4). Regarding claim 4, Kim et al., teaches wherein ends of the side guide portions are in contact with or spaced apart from the case (0084; 0092). Regarding claim 5, Kim et al., teaches wherein, in the electrode assembly (ref 10) (0010), a length in a second direction, which is a widthwise direction, is smaller than a length in the third direction, which is the longitudinal direction (Fig. 4, 6). Regarding claim 6, Kim et al., teaches wherein the electrode assembly comprises two long sides and two short sides (Fig. 4, 6, 9), and the side retainer (retainer 60, 61, 62) is between the two short sides of the electrode assembly and the case (Fig. 4, 6, 9) (0043-0053). Regarding claim 7, Kim et al., teaches wherein a size of the side retainer (ref 60, 61, 62) corresponds to that of a short side surface of the electrode assembly (ref 10) (0043-0053) (Fig. 4, 6). Regarding claim 9, Kim et al., teaches further comprising a bottom retainer (0010; 0045-0046) between a bottom portion of the case (0011; 0076) and a lower surface of the electrode assembly (0043-0053; 0076). Regarding claim 10, Kim et al., teaches wherein the bottom retainer (0010) comprises: a bottom body portion (0076) that is a rectangular plate sized to correspond to the lower surface of the electrode assembly (Fig. 1, 4, 5); and a bottom guide portion that protrudes from both long sides of the bottom body portion toward the case (0084; 0092). Regarding claim 11, Kim et al., teaches wherein the bottom body portion comprises a vent hole (0016; 0055-0056) at a position corresponding to the safety vent of the case (0055-0056; 0098). Regarding claim 12, Kim et al., teaches wherein the bottom guide portion (0084; 0092) comprises: two bottom guide portions extending along both long sides (0084; 0092); and another bottom guide portion extending from approximately a center in a first direction, which is a widthwise direction of the bottom body portion, in a second direction, which is a longitudinal direction of the bottom body portion (0012; 0076). Regarding claim 13, Kim et al., teaches wherein a lower end of the side retainer (0010; 0012) is in contact with an end of the bottom retainer (0045-0046; 0083). Regarding claim 15, Kim et al., teaches wherein the bottom retainer comprises a gas movement passage (0084; 0092; 0098) extending in a second direction, which is a longitudinal direction of the cap plate (0098). Regarding claim 16, Kim et al., teaches further comprising a first current collector (0011; 0024) electrically connecting the first electrode tab and the first terminal (0007; 0011). Regarding claim 17, Kim et al., teaches further comprising: a second current collector (0052-0053; 0064-0065) that is in contact with and is coupled to the second electrode tab of the electrode assembly (0065-0065); and a second terminal that is in contact with and is coupled to the second current collector (0048; 0057-0064) on a lower side of the cap plate (0014; 0055), and comprises an upper portion penetrating the cap plate and exposed to an upper portion of the cap plate (0070-0072; 0092). Regarding claim 18, Kim et al., teaches wherein the first electrode tab (0011; 0024) and the second electrode tab (0064-0065) each comprise two groups spaced apart from each other in a second direction (0064-0065; 0075-0076), which is a longitudinal direction of the cap plate (0014), on an upper surface of the electrode assembly (0018). Regarding claim 19, Kim et al., teaches wherein the safety vent (vent hole 24) is located at a center of a second direction, which is a longitudinal direction of a bottom portion of the case (0055-0056). Regarding claim 20, Kim et al., teaches wherein the safety vent (0055-0056) comprises a thinner plate (notch) than other regions of the case (0056). Thus, the claims are anticipated. 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. Claim(s) 8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al., US 2012/0052341, in view of Jang et al., US 20210305655. Regarding claim 8, Kim et al, does not teach wherein the side retainer (0010) is attached to both short sides of the electrode assembly (0010; 0043-0045) by an adhesive or a double-sided tape. Jang et al., teaches wherein the side retainer is attached to both short sides of the electrode assembly by an adhesive or a double-sided tape (fixing member tape) (0017; 0063). Thus, it would have been obvious to one having ordinary skill in the art to insert the teachings of Jang into the teachings of Kim because the polyimide tape in Jang is a tape that has better heat resistance (0063). Regarding claim 14 , Kim et al., does not teach wherein an inner surface of the bottom body portion is attached to the lower surface of the electrode assembly by an adhesive or a double-sided tape. Jang et al., teaches wherein an inner surface of the bottom body portion is attached to the lower surface of the electrode assembly by an adhesive or a double-sided tape (fixing member tape) (0017; 0063). Thus, it would have been obvious to one having ordinary skill in the art to insert the teachings of Jang into the teachings of Kim because the polyimide tape in Jang is a tape that has better heat resistance (0063). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm. 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. ANGELA J. MARTIN Examiner Art Unit 1727 /ANGELA J MARTIN/Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Dec 13, 2023
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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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
68%
Grant Probability
36%
With Interview (-32.0%)
3y 12m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 874 resolved cases by this examiner. Grant probability derived from career allowance rate.

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