Prosecution Insights
Last updated: August 17, 2026
Application No. 18/653,726

SECONDARY BATTERY

Non-Final OA §103
Filed
May 02, 2024
Priority
Sep 21, 2023 — RE 10-2023-0126147
Examiner
HIGGINS, KATHERINE NICOLE
Art Unit
Tech Center
Assignee
Samsung SDI Co., Ltd.
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
1y 4m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
26 granted / 42 resolved
+1.9% vs TC avg
Strong +22% interview lift
Without
With
+21.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
24 currently pending
Career history
85
Total Applications
across all art units

Statute-Specific Performance

§103
63.7%
+23.7% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 42 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on May 2, 2024 and March 4, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. 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 1-2 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak (Published U.S. Patent Application US 20190067728 A1) in view of Kim et al. (Published U.S. Patent Application US 20110039152 A1), hereinafter referred to as Kim. Regarding claim 1, Kwak teaches a secondary battery (“a secondary battery”) (see e.g., Abstract). Kwak teaches the secondary battery 100 includes a case 140 (“a case”) (see e.g., paragraph [0033]). Kwak teaches the secondary battery 100 includes an electrode assembly 110 (see e.g., paragraph [0033]) accommodated in the case 140 110 (“an electrode assembly accommodated in the case”) (see e.g., Figure 2). Kwak teaches the secondary battery 100 includes current collectors 120 and 130 (see e.g., paragraph [0033]) that are electrically connected to the first electrode plate and the second electrode plate, respectively (see e.g., paragraph [0041]), and accommodated in the case 140 (“a first current collector plate and a second current collector plate electrically connected to the electrode assembly and accommodated in the case”) (see e.g., Figure 2). Kwak teaches the secondary battery 100 includes a cap assembly 150 (see e.g., paragraph [0033]) coupled to a top portion of the case 140 (“a cap assembly coupled to one side of the case”) (see e.g., paragraph [0057]) includes an electrode terminal 154 electrically connected to the first current collecting portion 120 (see e.g., paragraph [0061] and a cap plate 151 that is electrically connected to the second current collecting portion 130 (“comprising a first terminal portion electrically connected to the first current collector plate and a second terminal portion electrically connected to the second current collector plate”) (see e.g., paragraph [0059]). Kwak teaches the secondary battery 100 includes retainers 180 installed between the first current collecting portion 120 and the case 140 and between the second current collecting portion 130 and the case 140 (“a first side retainer coupled to the first current collector plate and a second side retainer coupled to the second current collector plate”) (see e.g., paragraph [0069]). Kwak does not explicitly teach wherein each of the first side retainer and the second side retainer comprises a plurality of protrusions having ends facing an inner wall of the case. However, Kim teaches a rechargeable battery (see e.g., Abstract) having improved durability against vibration and impact (see e.g., paragraph [004]). Kim teaches the battery comprises an electrode assembly, a case 34, a cap assembly 20 (see e.g., paragraph [0028]), and lead tabs 120 (see e.g., paragraph [0060]). Kim teaches the battery further comprises an anti-vibration member 130 coupled to the side plate 122 of the lead tabs 120 (see e.g., paragraph [0061]). Kim teaches the anti-vibration member 130 includes a plurality of first support parts 135 that protrudes toward the case 34 from the base plate 131 (“wherein each of the first side retainer and the second side retainer comprises a plurality of protrusions having ends facing an inner wall of the case”) (see e.g., paragraph [0062] and Figure 5). Kim teaches the plurality of first support parts 135 that are formed in an approximately circular cylindrical shape and also includes an inclined surface 135a that has a reduced height as advancing toward an end portion from the center thereof, i.e. the inclined surface generally faces toward the bottom of the case 34 (see e.g., paragraph [0064]). Kim teaches the plurality of first support parts 135 to improve the durability against impact and vibration and also allows for the anti-vibration member to be easily inserted when a tight fit is formed with an inner side wall of the case (see e.g., paragraph [0065]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the retainers of Kwak to include a plurality of first support parts that protrude toward the case from the anti-vibration member, as taught by Kim, in order to improve the durability against impact and vibration and also allows for the anti-vibration member to be easily inserted when a tight fit is formed with an inner side wall of the case (see e.g., paragraph [0065]). Regarding claim 2, Kwak, as modified by Kim, teaches the instantly claimed invention of claim 1, as previously described. Kwak teaches the electrode assembly 110 includes long side portions and short side portions (see e.g., Figure 2), and the current collectors 120 and 130 and the retainers are disposed on the short side portions of the electrode assembly (“wherein the electrode assembly comprises long side portions and short side portions, and wherein the first and second current collector plates and the first and second side retainers are on the short side portions of the electrode assembly”) (see e.g., Figure 2). Regarding claim 19, Kwak, as modified by Kim, teaches the instantly claimed invention of claim 1, as previously described. Kwak teaches the retainers 180 are installed between the first current collecting portion 120 and the case 140 and between the second current collecting portion 130 and the case 140 (see e.g., paragraph [0069]) including a fixing hook and a coupling hole engaged with the fixing hook (“wherein the first and second side retainers are respectively coupled to the first and second current collector plates with an interference-fit”) (see e.g., paragraph [0018]). Claims 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak (Published U.S. Patent Application US 20190067728 A1) in view of Kim et al. (Published U.S. Patent Application US 20110039152 A1), and further in view of Kwak et al. (Published U.S. Patent Application US 20140377638 A1), hereinafter referred to as Kwak ‘638. Regarding claim 3, Kwak, as modified by Kim, teaches the instantly claimed invention of claim 2, as previously described. Kwak, as modified by Kim, does not explicitly teach wherein the first and second side retainers are a same size as the current collector plates. However, Kwak ‘638 teaches a rechargeable battery comprising an electrode assembly, a case, a cap plate, a lead tab, and a side retainer (see e.g., Abstract). Kwak ‘638 teaches the side retainers 53 and 54 are approximately the same size as the lead tabs 51 and 52 (“wherein the first and second side retainers are a same size as the current collector plates”) (see e.g., paragraph [0033] and Figure 3). Kwak ‘638 teaches the side retainers 53 and 54 serve to protect the electrode assembly 10 from external impact transferred through the case (see e.g., paragraph [0054]) while maintaining a strong coupling state between the lead tab and the side retainer (see e.g., paragraph [0070]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the retainers of Kwak, as modified by Kim, to be approximately the same size as the current collectors, as taught by Kwak ‘638, in order to protect the electrode assembly 10 from external impact transferred through the case (see e.g., paragraph [0054]) while maintaining a strong coupling state between the lead tab and the side retainer (see e.g., paragraph [0070]). Regarding claim 4, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 3, as previously described. Kim teaches the plurality of first support parts 135 that are formed in an approximately circular cylindrical shape and also includes an inclined surface 135a that has a reduced height as advancing toward an end portion from the center thereof, i.e. the inclined surface generally faces toward the bottom of the case 34 (see e.g., paragraph [0064]); therefore, the plurality of the first support parts are dot-shaped in a front view of the retainers (“wherein the plurality of protrusions are dot-shaped in a front view of the first and second side retainers”). Regarding claim 5, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 4, as previously described. Kim teaches the plurality of first support parts 135 that are formed in an approximately circular cylindrical shape and also includes an inclined surface 135a that has a reduced height as advancing toward an end portion from the center thereof, i.e. the inclined surface generally faces toward the bottom of the case 34 (“wherein the plurality of protrusions have a shape selected from the group consisting of cylindrical shapes, bent cylindrical shapes, conical shapes, and bent conical shapes”) (see e.g., paragraph [0064]). Regarding claim 6, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 5, as previously described. Kim teaches the plurality of first support parts include an inclined surface 135a that has a reduced height as advancing toward an end portion from the center thereof (see e.g., paragraph [0064]); therefore, the inclined surfaces face the cap assembly at the top of the case (“wherein ends of the plurality of protrusions face the cap assembly”) (see e.g., Figure 5). Regarding claim 7, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 6, as previously described. Kim teaches the plurality of first support parts 135 are arranged in a plurality of rows and a plurality of columns (“wherein the plurality of protrusions is arranged in a plurality of rows and a plurality of columns”) (see e.g., Figure 5). Regarding claim 8, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 7, as previously described. Kim teaches the plurality of first support parts 135 are arranged in a plurality of rows and a plurality of columns that are substantially equally spaced apart form each other (“wherein the plurality of protrusions in each of the plurality of rows and the plurality of columns are substantially equally spaced apart from each other”) (see e.g., Figure 5). Regarding claim 9, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 8, as previously described. Kim teaches the plurality of first support parts 135 that are arranged in a plurality of rows and a plurality of columns have the same number of first support parts 135 in the rows and columns (“wherein numbers of the plurality of protrusions in each of the plurality of rows and the plurality of columns are the same”) (see e.g., Figure 5). Claims 10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak (Published U.S. Patent Application US 20190067728 A1) in view of Kim et al. (Published U.S. Patent Application US 20110039152 A1), and Kwak et al. (Published US 20140377638 A1), and further in view of Yu et al. (JP 2015162411 A), hereinafter referred to as Yu. Regarding claim 10, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 8, as previously described. Kwak, as modified by Kim and Kwak ‘638, does not explicitly teach wherein numbers of the plurality of protrusions in each of the rows or columns are different. However, Yu teaches a secondary battery (see e.g., Abstract). Yu teaches the battery has a battery case, a group of laminated plates arranged with the battery case (an electrode assembly), and a spacer positioned between a plate group component located at the end of the laminated plate group in the stacking direction and the inner wall of the battery case (see e.g., paragraph [0008]). Yu teaches the spacer is provided with a plurality of protrusions (see e.g., paragraph [0008]), wherein the protrusions are arranged such that the protrusions 25 are staggered and thus, would have a different number of protrusions in each of the rows or columns (“wherein numbers of the plurality of protrusions in each of the rows or columns are different”) (see e.g., paragraph [0030] and Figure 5A-5C). Yu teaches this configuration allows for the effective suppression of the accumulated gas on the underside of the projections (see e.g., paragraph [0030]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the first support parts on the retainer of Kwak, as modified by Kim and Kwak ‘638, to have the plurality of protrusions staggered and thus a different number of protrusions in each of the rows or columns, as taught by Yu, in order to effectively suppression of the accumulated gas on the underside of the projections (see e.g., paragraph [0030]). Regarding claim 11, Kwak, as modified by Kim and Kwak ‘638, teaches the instantly claimed invention of claim 3, as previously described. Kwak, as modified by Kim and Kwak ‘638, does not explicitly teach wherein the plurality of protrusions are line-shaped in a front-view of the first and second side retainers. However, Yu teaches a secondary battery (see e.g., Abstract). Yu teaches the battery has a battery case, a group of laminated plates arranged with the battery case (an electrode assembly), and a spacer positioned between a plate group component located at the end of the laminated plate group in the stacking direction and the inner wall of the battery case (see e.g., paragraph [0008]). Yu teaches the spacer is provided with a plurality of protrusions (see e.g., paragraph [0008]), wherein the protrusions have a triangular cross-sectional shape and extends in an elongated manner (see e.g., paragraph [0026] and Figures 4B and 4D) arranged in lines (see e.g., Figure 5)and, thus, would be line-shaped in a front-view of the spacer because of the elongated manner (“wherein the plurality of protrusions are line-shaped in a front-view of the first and second side retainers”) in order to ensuring sufficient gas release during chemical formation and oxygen gas absorption during charging (see e.g., paragraph [0027]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the first support parts on the retainer of Kwak, as modified by Kim and Kwak ‘638, to have a triangular cross-sectional shape and extends in an elongated manner, as taught by Yu, in order to ensure sufficient gas release during chemical formation and oxygen gas absorption during charging (see e.g., paragraph [0027]). Regarding claim 12, Kwak, as modified by Kim, Kwak ‘638, and Yu, teaches the instantly claimed invention of claim 11, as previously described. Kim teaches the plurality of first support parts 135 that are formed in an approximately circular cylindrical shape and also includes an inclined surface 135a that has a reduced height as advancing toward an end portion from the center thereof, i.e. the inclined surface generally faces toward the bottom of the case 34 (“wherein the plurality of protrusions have a shape expanding left and right selected from the group consisting of cylindrical shapes, bent cylindrical shapes, conical shapes, and bent conical shapes”) (see e.g., paragraph [0064]). Regarding claim 13, Kwak, as modified by Kim, Kwak ‘638, and Yu, teaches the instantly claimed invention of claim 12, as previously described. Kim teaches the plurality of first support parts include an inclined surface 135a that has a reduced height as advancing toward an end portion from the center thereof (see e.g., paragraph [0064]); therefore, the inclined surfaces face the cap assembly at the top of the case (“wherein ends of the plurality of protrusions face the cap assembly”) (see e.g., Figure 5). Regarding claim 14, Kwak, as modified by Kim, Kwak ‘638, and Yu, teaches the instantly claimed invention of claim 13, as previously described. Kim teaches the plurality of first support parts 135 are arranged in a plurality of rows and a plurality of columns (“wherein the plurality of protrusions are arranged in a plurality of rows and at least one column”) (see e.g., Figure 5). Regarding claim 15, Kwak, as modified by Kim, Kwak ‘638, and Yu, teaches the instantly claimed invention of claim 14, as previously described. Kim teaches the plurality of first support parts 135 are arranged in a plurality of rows and a plurality of columns that are substantially equally spaced apart form each other (“wherein the plurality of protrusions in each of the plurality of rows and the at least one column are substantially equally spaced apart from each other”) (see e.g., Figure 5). Regarding claim 16, Kwak, as modified by Kim, Kwak ‘638, and Yu, teaches the instantly claimed invention of claim 15, as previously described. Kim teaches the plurality of first support parts 135 that are arranged in a plurality of rows and a plurality of columns have the same number of first support parts 135 in the rows and columns (“wherein the plurality of protrusions are arranged in a plurality of columns, and wherein numbers of plurality of protrusions in each of the plurality of columns are the same”) (see e.g., Figure 5). Regarding claim 17, Kwak, as modified by Kim, Kwak ‘638, and Yu, teaches the instantly claimed invention of claim 16, as previously described. Kim teaches the plurality of first support parts 135 that are arranged in a plurality of rows and a plurality of columns have the same number of first support parts 135 in the rows and columns (“wherein the plurality of protrusions in each column of the plurality of columns are symmetric with the plurality of protrusions in a neighboring column of the plurality of columns”) (see e.g., Figure 5). Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak (Published U.S. Patent Application US 20190067728 A1) in view of Kim et al. (Published U.S. Patent Application US 20110039152 A1), and further in view of Ichinohashi et al. (Published U.S. Patent Application US 20200395579 A1), hereinafter referred to as Ichinohashi. Regarding claim 18, Kwak, as modified by Kim, teaches the instantly claimed invention of claim 1, as previously described. Kwak, as modified by Kim, does not explicitly teach wherein the first and second side retainers are respectively coupled to the first and second current collector plates with an adhesive. However, Ichinohasi teaches an energy storage device including an electrode assembly, a case body (see e.g., Abstract), and a pair of side spacers (see e.g., paragraph [0041]). Ichinohasi teaches the pair of side spacers 700 is fixed by an adhesive tape 380 (“wherein the first and second side retainers are respectively coupled to the first and second current collector plates with an adhesive”) (see e.g., paragraph [0086]) in order to suppress positional misalignment in the Z-axis direction of the electrode assembly 400 with respect to the lid structure 180 by the side spacer (see e.g., paragraph [0086]). Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill would modify the first support parts on the retainer of Kwak, as modified by Kim, to be fixed by an adhesive tape, as taught by Ichinohasi, in order to suppress positional misalignment in the Z-axis direction of the electrode assembly 400 with respect to the lid structure 180 by the side spacer (see e.g., paragraph [0086]). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kwak et al. (Published U.S. Patent Application US 20140377639 A1) teaches a rechargeable battery including a retainer coupled to the lead tab inside the case and arranged between the lead tab and the case, the retainer including an insertion guide facing away from the electrode assembly and being inclined toward the electrode assembly in a direction extending away from the cap plate (see e.g., Abstract). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine N Higgins whose telephone number is (703)756-1196. The examiner can normally be reached Mondays - Thursdays 7:30-4:30 EST, Fridays 7:30 - 11:30 EST. 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, Matthew T Martin can be reached at (571) 270-7871. 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. /KATHERINE N HIGGINS/Examiner, Art Unit 1728 /MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

May 02, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
62%
Grant Probability
83%
With Interview (+21.5%)
3y 8m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 42 resolved cases by this examiner. Grant probability derived from career allowance rate.

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