Prosecution Insights
Last updated: August 17, 2026
Application No. 18/623,836

SECONDARY BATTERY

Non-Final OA §103
Filed
Apr 01, 2024
Priority
Jun 09, 2023 — RE 10-2023-0074062
Examiner
CARRICO, ROBERT SCOTT
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Samsung SDI Co., Ltd.
OA Round
5 (Non-Final)
66%
Grant Probability
Favorable
5-6
OA Rounds
1y 3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
406 granted / 616 resolved
+0.9% vs TC avg
Strong +32% interview lift
Without
With
+32.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
38 currently pending
Career history
660
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
48.9%
+8.9% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
26.1%
-13.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 616 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/01/2026 has been entered. Status of the Claims The amendment/remarks submitted 12/30/2025 have been entered and fully considered. Claims 1, 3, 8-9, 15, and 17-20 are pending. Claims 2, 4-7, 10-14, and 16 are cancelled. Claims 1, 3, 8-9, 15, and 17-18 are amended. Claims 1, 3, 8-9, 15, and 17-20 are examined herein. 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. 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. Claims 1, 3-4, 9-10, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0250355 A1 (“Huang”) in view of CN 217788587 U (“Wu” – machine translation dated 05/20/2025 cited herein) and CN 218827495 U (“Qi” – EP 4 386 950 A1 cited herein as an English language equivalent). Regarding claim 1, Huang discloses a cylindrical battery comprising a jellyroll 2 (“electrode assembly”) inherently comprising a first electrode plate, a second electrode plate, and a separator interposed between the first electrode plate and the second electrode plate. The battery further comprises a case 1 (“can”) accommodating the jellyroll 2 and comprising an upper surface portion defining a second through hole 62 (“terminal hole”) (Figs. 1, 2, 10, 11; [0027]). The battery further comprises a positive current collecting plate 3 (“first electrode current collector plate”) is electrically connected to the first electrode plate (Figs. 2, 11; [0026]). The battery further comprises a terminal portion comprising a positive pole 4 (“rivet terminal”) riveted to one side of the case 1 in a longitudinal direction and electrically connected to the first electrode plate (in this case, the positive electrode) ([0026]) and an upper insulation sealing member 51 and a lower insulation sealing member 52 (collectively the “insulator”) between the case 1 and the positive pole 4 capable of insulating the case 1 from the positive pole 4 (Figs. 2, 5-8, 11; [0027]-[0031], [0041]-[0042]). The lower insulation sealing member 52 corresponds to the claimed third insulator and insulates the upper surface portion of the case 1 from third cylinder 43 (“inner end”) of the positive pole 4 inside the case 1 (Fig. 2). The lower insulation sealing member 52 comprises a terminal contact portion contacting an inner end of the positive pole 4 and a current collector plate contact portion contacting the positive current collecting plate 3 (see annotated Fig. 2, below). PNG media_image1.png 244 421 media_image1.png Greyscale Annotated Fig. 2 of Huang The battery further comprises a negative current collecting plate 8 (“second electrode current collector plate”) facing the positive current collecting plate 3, and electrically connected to the second electrode plate and the side portion (Fig. 13; [0043]-[0046]). The positive current collecting plate 3 is disposed between the positive pole 4 and the jellyroll 2 (Figs. 2, 11). While Huang does not expressly disclose the battery is a secondary battery, as is well understood in the art, batteries may be either primary (non-rechargeable) or secondary (rechargeable). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the battery as a secondary battery because it is one of two well-known types of batteries and would allow the battery to be used in rechargeable applications such as consumer electronics and electric vehicles. Huang does not expressly disclose the third insulator has a stepped structure in an area contacting the rivet terminal such that there is a gap between the insulator and the first electrode current collector plate in the longitudinal direction, and between the insulator and the rivet terminal in a direction perpendicular to the longitudinal direction; or the current collector plate contact portion defines a plurality of grooves arranged alternately with the areas that come into contact with the first electrode current collector plate. Wu discloses a cap cover assembly comprising a plastic pad 1142 disposed between a housing 12 and a busbar 112 (Figs. 4, 5; [0053]-[0057]). The plastic pad 1142 includes a plurality of first annular grooves 11421 disposed on the top surface of the plastic pad 1142 and a second plurality of grooves 11422 (“plurality of grooves”) disposed on the bottom surface of the plastic pad 1142 (Fig. 5; [0055]). The second plurality of grooves 11422 forms a gap between the plastic pad 1142 (analogous to the insulator of Huang) and the busbar 112 (analogous to the positive current collecting plate of Huang). The second plurality of grooves 11422 are arranged alternately with areas that come into contact with busbar 112 (Fig. 5). As shown in the annotated Fig. 5 below, there is a stepped structure such that there is a gap between the insulator and the first electrode current collector plate in the longitudinal direction (shown as vertical), and between the insulator and the rivet terminal in a direction (shown as horizontal or radial) perpendicular to the longitudinal direction. The grooves can absorb the stress generated by the plastic pad 1142 during swelling in the electrolyte, thereby reducing the pressure of the stress on the battery cell 13 and the shell 12. In addition, when the battery cell 13 expands due to charging, the pressure of the expansion of the battery cell 13 can also be absorbed by the grooves ([0055]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the grooves taught by Wu to reduce pressure of the stress on the battery and shell and absorb pressure of battery cell expansion during charging. PNG media_image2.png 343 499 media_image2.png Greyscale Annotated Fig. 5 of Huang While Huang discloses portions of the upper insulation sealing member 51 disposed so as to insulate as in the instant claim (i.e. “insulating the upper surface portion from an outer end of the rivet terminal that is exposed to outside the upper surface portion” and “insulating the terminal hole from the rivet terminal” (see Figs. 2, 11), Huang does not expressly disclose the separate insulators as claimed (i.e. a first insulator and a second insulator). Qi discloses a battery pack having a pole with a riveted portion 221, and an insulating member 23 provided between the pole 22 and battery housing 21 (Figs. 2-3). Qi teaches the insulating member 23 can be of an integral structure or the insulating member 23 can be a plurality of split structures. For example, the insulating member 23 can comprise an upper plastic member, a sealing member and a lower plastic member, the sealing member achieves the insulation sealing between the pole 22 and the battery housing 21, and the riveted portion 221 and the limiting portion 222 press against the lower plastic member and the upper plastic member, respectively ([0049]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the first insulator, second insulator, and third insulator as claimed because Qi shows it is a known alternative which would yield predictable results. See also In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) and MPEP 2144.04(V)(C). Regarding claim 3, modified Huang discloses the secondary battery of claim 1. Huang discloses the case 1 comprises a side portion extending downwardly from the upper surface portion, wherein the positive pole 4 is in the second through hole 62 (Figs. 2, 11), and wherein the insulator insulates the positive pole 4 from the upper surface portion (Figs. 2, 11; [0026], [0042]). Regarding claim 9, Huang discloses a cylindrical battery comprising a jellyroll 2 (“electrode assembly”) inherently comprising a first electrode plate, a second electrode plate, and a separator interposed between the first electrode plate and the second electrode plate. The battery further comprises a case 1 (“can”) accommodating the jellyroll 2, and comprising an upper surface portion defining a second through hole 62 (“terminal hole”), and a side portion extending downwardly from the upper surface portion (Figs. 1, 2, 10, 11; [0027]). The battery further comprises a positive current collecting plate 3 (“first electrode current collector plate”) electrically connected to the first electrode plate (Figs. 2, 11; [0026]); and a negative current collecting plate 8 (“second electrode current collector plate”) facing the positive current collecting plate 3, and electrically connected to the second electrode plate and the side portion (Fig. 13; [0043]-[0046]). The battery further comprises a terminal portion comprising a positive pole 4 (“rivet terminal”) riveted to one side of the case 1 in a longitudinal direction and electrically connected to the first electrode plate (in this case, the positive electrode) ([0026]) and an upper insulation sealing member 51 and a lower insulation sealing member 52 (collectively the “insulator”) between the case 1 and the positive pole 4 capable of insulating the case 1 from the positive pole 4 (Figs. 2, 5-8, 11; [0027]-[0031], [0041]-[0042]). The lower insulation sealing member 52 corresponds to the claimed third insulator and insulates the upper surface portion of the case 1 from third cylinder 43 (“inner end”) of the positive pole 4 inside the case 1 (Fig. 2). The lower insulation sealing member 52 comprises a terminal contact portion contacting an inner end of the positive pole 4 and a current collector plate contact portion contacting the positive current collecting plate 3 (see annotated Fig. 2, below). The lower insulation sealing member 52 is inside the case 1 and has a surface facing the electrode assembly and a surface contacting the positive pole 4 (Fig. 2). PNG media_image1.png 244 421 media_image1.png Greyscale Annotated Fig. 2 of Huang The positive current collecting plate 3 is disposed between the positive pole 4 and the jellyroll 2 (Figs. 2, 11). While Huang does not expressly disclose the battery is a secondary battery, as is well understood in the art, batteries may be either primary (non-rechargeable) or secondary (rechargeable). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the battery as a secondary battery because it is one of two well-known types of batteries and would allow the battery to be used in rechargeable applications such as consumer electronics and electric vehicles. Huang does not expressly disclose the third insulator has a stepped structure in an area contacting the rivet terminal such that there is a gap between the insulator and the first electrode current collector plate in the longitudinal direction, and between the insulator and the rivet terminal in a direction perpendicular to the longitudinal direction; the current collector plate contact portion defines a plurality of grooves arranged alternately with the areas that come into contact with the first electrode current collector plate; or the surface facing the electrode assembly is spaced from the first electrode current collector plate. Wu discloses a cap cover assembly comprising a plastic pad 1142 disposed between a housing 12 and a busbar 112 (Figs. 4, 5; [0053]-[0057]). The plastic pad 1142 includes a plurality of first annular grooves 11421 disposed on the top surface of the plastic pad 1142 and a second plurality of grooves 11422 (“plurality of grooves”) disposed on the bottom surface of the plastic pad 1142 (Fig. 5; [0055]). The second plurality of grooves 11422 forms a gap between the plastic pad 1142 (analogous to the insulator of Huang) and the busbar 112 (analogous to the positive current collecting plate of Huang). The second plurality of grooves 11422 are arranged alternately with areas that come into contact with busbar 112 (Fig. 5). As shown in the annotated Fig. 5 below, there is a stepped structure such that there is a gap between the insulator and the first electrode current collector plate in the longitudinal direction (shown as vertical), and between the insulator and the rivet terminal in a direction (shown as horizontal or radial) perpendicular to the longitudinal direction. The grooves can absorb the stress generated by the plastic pad 1142 during swelling in the electrolyte, thereby reducing the pressure of the stress on the battery cell 13 and the shell 12. In addition, when the battery cell 13 expands due to charging, the pressure of the expansion of the battery cell 13 can also be absorbed by the grooves ([0055]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the grooves taught by Wu to reduce pressure of the stress on the battery and shell and absorb pressure of battery cell expansion during charging. PNG media_image3.png 428 499 media_image3.png Greyscale Annotated Fig. 5 of Huang While Huang discloses portions of the upper insulation sealing member 51 disposed so as to insulate as in the instant claim (i.e. “insulating the upper surface portion from an outer end of the rivet terminal that is exposed to outside the upper surface portion” and “insulating the terminal hole from the rivet terminal” (see Figs. 2, 11), Huang does not expressly disclose the separate insulators as claimed (i.e. a first insulator and a second insulator). Qi discloses a battery pack having a pole with a riveted portion 221, and an insulating member 23 provided between the pole 22 and battery housing 21 (Figs. 2-3). Qi teaches the insulating member 23 can be of an integral structure or the insulating member 23 can be a plurality of split structures. For example, the insulating member 23 can comprise an upper plastic member, a sealing member and a lower plastic member, the sealing member achieves the insulation sealing between the pole 22 and the battery housing 21, and the riveted portion 221 and the limiting portion 222 press against the lower plastic member and the upper plastic member, respectively ([0049]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the first insulator, second insulator, and third insulator as claimed because Qi shows it is a known alternative which would yield predictable results. See also In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) and MPEP 2144.04(V)(C). Regarding claim 15, modified Huang discloses the secondary battery of claim 9. Huang discloses in Fig. 2 the claimed upper contact portion. Wu also discloses an upper contact portion connected to an outside of the current collector plate contact portion and contacting the upper surface portion, and further discloses a second inclined portion connected between the current collector plate contact portion and the upper contact portion (see annotated Fig. 2 of Wu, below). While modified Huang does not expressly disclose the “incline” of the second inclined portion, the incline represents a change of shape to the step. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the first inclined portion as claimed absent persuasive evidence that the particular configuration of the inclined portion was significant. PNG media_image4.png 244 557 media_image4.png Greyscale Annotated Fig. 5 of Wu Regarding claim 18, modified Huang discloses the secondary battery of claim 10. Huang discloses the battery further comprises a cap assembly that is coupled to the side portion and insulated from the case 1 (Fig. 13; [0046]). The side portion comprises a beading part and a crimping part, wherein the negative cap 9 is between the beading part and the crimping part. See annotated Fig. 13 below. PNG media_image5.png 159 324 media_image5.png Greyscale Regarding claim 19, modified Huang discloses the secondary battery of claim 18. Huang further discloses the cap assembly comprises negative cap 9 (“cap plate”) sealing the side portion, and an insulation layer between the negative cap 9 and the side portion (Fig. 13; [0046]). Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0250355 A1 (“Huang”) in view of CN 217788587 U (“Wu” – machine translation dated 05/20/2025 cited herein) and CN 218827495 U (“Qi” – EP 4 386 950 A1 cited herein as an English language equivalent) as applied to claims 1 and 9 above, and further in view of US 2023/0118437 A1 (“Fang”). Regarding claims 8 and 17, modified Huang discloses the secondary battery of claims 5 and 10. Huang does not expressly disclose a protrusion protruding on one of the first insulator and the rivet terminal, and wherein another of the first insulator and the rivet terminal defines an accommodation groove for accommodating the protrusion. Fang discloses a battery cell (Abstract). Fang teaches electrode terminal 30 further includes a first protrusion 35 protruding from a surface of the limiting portion 32 that faces the first sealing portion 51 and surrounding the body portion 33 (Fig. 6; [0194]). Fang further teaches the sealing member 50 further includes a second protrusion 53 protruding from a surface of the first sealing portion 51 that faces the limiting portion 32 and surrounding the body portion 33 (Fig. 10; [0259]). One or both of the first and second protrusions may be formed ([0194]). The first and second protrusions improve sealing performance ([0021], [0023], [0198], [0202]-[0203], [0214], [0260], [0262]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include the protrusion and accommodation groove as claimed because Fang teaches it improves sealing performance. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over US 2024/0250355 A1 (“Huang”) in view of CN 217788587 U (“Wu” – machine translation dated 05/20/2025 cited herein) and CN 218827495 U (“Qi” – EP 4 386 950 A1 cited herein as an English language equivalent) as applied to claim 19 above, and further in view of US 2022/0231345 A1 (“Hwangbo”). Regarding claim 20, modified Huang discloses the secondary battery of claim 19. Huang does not expressly disclose an edge of the second electrode current collector plate is between the beading part and the gasket, and contacts the beading part. Hwangbo discloses a battery comprising a second current collector 80 electrically coupled to can 20 (Fig. 13). The second current collector 80 comprises a plurality of can coupling portions 83 disposed between a lower surface of beading portion 21 and sealing gasket 90 ([0253], [0258], [0261]-[0263]). This allows for the battery can 20 and the second current collector 80 to be easily welded ([0261]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the second electrode current collector plate as claimed to allow for easy welding as taught by Hwangbo. Response to Arguments Due to the amendment to claims 1 and 9, the rejection of claims 1, 3-6, 8-12, 15, and 17-20 under 35 USC 103 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 US 2024/0250355 A1 (“Huang”) in view of CN 217788587 U (“Wu” – machine translation dated 05/20/2025 cited herein) and CN 218827495 U (“Qi” – EP 4 386 950 A1 cited herein as an English language equivalent). Applicant’s arguments to Huang ‘960 are moot in view of the new grounds of rejection above. Applicant argues that Wu does not disclose the claimed stepped structure in an area contacting the rivet terminal such that there is a gap between the insulator and the first electrode current collector plate in the longitudinal direction, and between the insulator and the rivet terminal in a direction perpendicular to the longitudinal direction. The Office disagrees. As shown in the annotated Fig. 5 below, there is a stepped structure such that there is a gap between the insulator and the first electrode current collector plate in the longitudinal direction (shown as vertical), and between the insulator and the rivet terminal in a direction (shown as horizontal or radial) perpendicular to the longitudinal direction. It is noted that the claims as presented do not preclude intervening material. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM 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, 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. Robert Scott Carrico Primary Examiner Art Unit 1727 /Robert S Carrico/Primary Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Show 9 earlier events
Dec 30, 2025
Response Filed
Jan 14, 2026
Examiner Interview Summary
Jan 14, 2026
Applicant Interview (Telephonic)
Mar 31, 2026
Final Rejection mailed — §103
Jun 01, 2026
Response after Non-Final Action
Jun 25, 2026
Request for Continued Examination
Jun 27, 2026
Response after Non-Final Action
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12706327
BATTERY
3y 10m to grant Granted Aug 11, 2026
Patent 12700645
BATTERY AND METHOD FOR PRODUCING SAME
3y 8m to grant Granted Aug 04, 2026
Patent 12683194
ELECTROLYTE FOR LI SECONDARY BATTERIES
4y 1m to grant Granted Jul 14, 2026
Patent 12665198
COMPOSITIONS AND METHODS FOR PASSIVATION OF ELECTRODE BINDERS
3y 6m to grant Granted Jun 23, 2026
Patent 12658454
FERRITIC STAINLESS STEEL SHEET FOR CURRENT COLLECTORS FOR SULFIDE-BASED SOLID-STATE BATTERIES, AND METHOD FOR MAUFACTURING SAME
4y 5m to grant Granted Jun 16, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
66%
Grant Probability
98%
With Interview (+32.4%)
3y 7m (~1y 3m remaining)
Median Time to Grant
High
PTA Risk
Based on 616 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month