Prosecution Insights
Last updated: October 26, 2026
Application No. 18/553,080

Battery Module, Vehicular Battery Pack, and Electric Vehicle

Final Rejection §103
Filed
Sep 28, 2023
Priority
Mar 29, 2021 — JP 2021-055308 +1 more
Examiner
CORNO JR, JAMES ANTHONY JOHN
Art Unit
1722
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Daimler Truck AG
OA Round
2 (Final)
38%
Grant Probability
At Risk
3-4
OA Rounds
2m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants only 38% of cases
38%
Career Allowance Rate
56 granted / 147 resolved
-26.9% vs TC avg
Strong +35% interview lift
Without
With
+35.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
43 currently pending
Career history
198
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
65.3%
+25.3% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 147 resolved cases

Office Action

§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 . Response to Arguments The rejection under 35 USC 112 has been overcome by the amendment and is withdrawn. Applicant contends that the recesses of Zhang are in the main faces rather than the side faces as required by the instant claims (p. 5). This is incorrect. The pressure plate of Zhang includes recesses in both the main faces and the side faces. The recess in the main face tapers to a rounded edge at the end (see Zhang Fig. 1), which is a recess in the side face extending in a direction perpendicular to the stacking direction. Applicant’s arguments, see pp. 5-6, filed July 29, 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kume et al. (US 2020/0220130 A1). 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) 1, 3, 5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kume et al. (US 2020/0220130 A1) in view of Zhang et al. (CN 210200839 U; citations refer to English translation attached to the office action mailed April 30, 2026). Regarding claim 1, Kume discloses a battery module comprising a cell stack (10) with a plurality of battery cells (12) stacked in a stacking direction (x); a pair of end plates (108) on the end faces of the stack in the stacking direction; a mid-plate (102) disposed in an intermediate portion of the stack with main faces (outer edges of side walls 110) facing respective cells and side faces (top and bottom of the top plate of 102), and a recess in one of the side faces extending in a cross direction (z) that intersects the stacking direction (Kume Figs. 1 and 3, [0024]-[0027]). Kume does not teach that the module includes belts. Kume teaches that the module is held together by rods (112) and fastening members (118) (Kume Fig. 2 and [0030]). Zhang teaches that such stacks are commonly held together by cable ties (i.e. belts) (Zhang [0005]-[0006]). Rods and belts are therefore art-recognized equivalents for the same purpose, and substituting equivalents known for the same purpose is prima facie obvious (MPEP 2144.06 II). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use any conventional fastening means, including belts, to hold the cell stacks of Kume in place. The fasteners of Kume extend from end plate to end plate (Kume Figs. 1 and 3A). Zhang teaches that applying the fasteners only to the outer frame results in poor module rigidity, and that binding the endplates to the midplate (i.e. cross-tying) improves stability (Zhang [0037]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to bind the endplates to the midplates to improve stability. Zhang does not teach that the belts are positioned in the recess. Zhang teaches that the belts are positioned in grooves on the faces of the midplates in the stacking direction (Zhang Fig. 5). The midplates of Kume have 4 faces in the stacking direction (left and right sides of side walls 110) (Kume Fig. 3) instead of 2. It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to place the grooves on any of the faces, including the faces inside the recess. Regarding claim 3, the battery of modified Kume includes a pair of first belts on both sides of the mid-plate in the stacking direction (Zhang Fig. 5). Zhang does not teach the use of a second belt around both of the end plates. Zhang teaches that the conventional setup for such a battery uses belts around the outer frame (i.e. wrapped around the end plates) (Zhang [0006]). First belts (wrapping end plate to mid-plate) and second belts (wrapping end plate to end plate) are therefore art-recognized equivalents for the same purpose, and combining equivalents known for the same purpose is prima facie obvious (MPEP 2144.06 I). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use both first and second belts in the battery of Zhang, since they are art-recognized equivalents for the same purpose. Regarding claim 5, modified Kume discloses a housing for accommodating the battery module with a bottom plate on which the module is mounted (cooling plate 202) and a surrounding frame (container portion 2a) standing from the outer edges of the bottom plate to surround the battery (Kume Fig. 1, [0013], and [0033]). A cooling pipe (i.e. stiffening member) on the bottom surface is accommodated in the recess (Kume [0022] and Fig. 3). Regarding claim 8, the battery of modified Kume is intended for use in an electric vehicle (Kume [0013] and Zhang [0004]-[0006]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use the battery of modified Kume for its intended purpose. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kume in view of Zhang as applied to claim 1 above, and further in view of Ali et al. (US 2023/0111535 A1). Regarding claim 4, modified Kume teaches that the mid-plate includes hollows extending in the cross direction (Kume Fig. 2). Modified Kume does not teach that the plate is extruded aluminum. Ali is directed to a battery for a motor vehicle (Ali Abstract). Ali teaches that such plates are typically formed of extruded aluminum (Ali [0007]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use any conventional material, including extruded aluminum, for the plates of Kume. Ali teaches that machining of such plates introduces undesirable complexity to the production process (Ali [0007]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to form the cable slots of modified Kume by extrusion rather than machining to reduce the complexity of the production process, which would necessarily produce the hollows in the same cross direction. Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kume in view of Zhang as applied to claim 5 above, and further in view of Fujiwara et al. (US 2012/0312614 A1). Regarding claim 6, modified Kume does not teach that a fastening structure fastens the mid-plate and the stiffener plate to each other. Fujiwara is directed to a battery for a vehicle (Fujiwara [0006]). Fujiwara teaches that attaching battery stacks directly to intervening rib structures simplifies construction (Fujiwara [0031]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to fasten the mid-plate directly to the cooling pipe of modified Kume in order to simplify construction. Regarding claim 7, modified Kume does not teach the use of a second stiffener plate in the stacking direction between battery modules and intersecting the first stiffener plate. Fujiwara teaches that intersecting ribs in both directions (the stacking direction and the array direction) reinforces the structure (Fujiwara Fig. 3 and [0006]-[0007]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to provide such ribs in both directions (including between modules) to reinforce the structure. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A CORNO JR whose telephone number is (571)270-0745. The examiner can normally be reached M-F 9:00 am - 5:00 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, Niki Bakhtiari can be reached at (571) 272-3433. 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. /J.A.C/ Examiner, Art Unit 1722 /ANCA EOFF/ Primary Examiner, Art Unit 1722
Read full office action

Prosecution Timeline

Sep 28, 2023
Application Filed
Apr 30, 2026
Non-Final Rejection mailed — §103
Jul 29, 2026
Response Filed
Oct 15, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12763433
ALL-SOLID-STATE BATTERY INCLUDING POROUS CURRENT COLLECTOR AND BATTERY MODULE INCLUDING THE SAME
3y 9m to grant Granted Oct 13, 2026
Patent 12749700
RECHARGEABLE BATTERY WITH HYBRID CATHODE COMPRISING CONVERSION AND INTERCALATION ACTIVE MATERIALS
4y 3m to grant Granted Sep 29, 2026
Patent 12738611
ENERGY STORAGE DEVICE
3y 10m to grant Granted Sep 15, 2026
Patent 12731875
BATTERY CELL MANUFACTURING METHOD USING ELECTROLYTIC SOLUTION SATURATED WITH SOLUBLE GAS
3y 10m to grant Granted Sep 08, 2026
Patent 12719092
BATTERY RACK MANAGEMENT APPARATUS
4y 0m to grant Granted Aug 25, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
38%
Grant Probability
73%
With Interview (+35.2%)
3y 3m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 147 resolved cases by this examiner. Grant probability derived from career allowance rate.

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