Prosecution Insights
Last updated: October 02, 2026
Application No. 18/663,984

BATTERY PACK AND VEHICLE INCLUDING THE SAME

Non-Final OA §102§103
Filed
May 14, 2024
Priority
Sep 15, 2023 — provisional 63/583,186
Examiner
LUSTGRAAF, BENJAMIN T
Art Unit
Tech Center
Assignee
Samsung SDI Co., Ltd.
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
21 granted / 36 resolved
-1.7% vs TC avg
Strong +21% interview lift
Without
With
+21.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
19 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
62.9%
+22.9% vs TC avg
§102
20.6%
-19.4% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 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 . 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-2, 4-10, 12, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Itoi et al. (US 20150140369 A1). Regarding claim 1, Itoi discloses a battery pack comprising: a housing; a plurality of battery cells (paragraphs 0050-0052, figure 2, module 200, case 20, cells 100), each comprising a first surface and a second surface opposite to each other (figure 2, top of cells 100 is considered first surface), and a vent and a terminal on the first surface (vent 8a, terminals 8), the plurality of battery cells arranged inside the housing; a guide member between the housing and the first surface and configured to guide a flow of emissions discharged from the vent (exhaust duct 60, openings 30a); and a buffer member between the housing and the first surface and configured to absorb an impact applied to the terminal (paragraphs 0005-0057, elastic member 31). Regarding claim 2, Itoi discloses the limitations of claim 1. Itoi further discloses wherein the housing comprises: a housing body; a first cover coupled to the housing body and facing the first surface; and a second cover coupled to the housing body and facing the second surface (paragraphs 0053, 0078, lid 21, second partition 40, case 20). Regarding claim 4, Itoi discloses the limitations of claim 2. Itoi further discloses wherein the first surface faces downward, and the first cover is located below the housing body (lid 21, annotated figure 2). Regarding claim 5, Itoi discloses the limitations of claim 2. Itoi further discloses wherein the guide member comprises: a bus bar holder between the first cover and the first surface and comprising a bus bar connected to the terminal (paragraph 0086, figure 7a, positive electrode connection plate 70, openings 70a); a vent bracket between the first cover and the bus bar holder; a plurality of transfer holes extending through the bus bar holder and the vent bracket (paragraph 0068, 0105, figure 6, partition 40, openings 40a); a first chamber inside the vent bracket and connected to a transfer hole of the plurality of transfer holes (paragraph 0071, 0080, figure 6, second space 62a); and a second chamber outside the vent bracket and configured to accommodate the buffer member (first space 61a, includes elastic member 31 underneath). Regarding claim 6, Itoi discloses the limitations of claim 5. Itoi further discloses wherein the plurality of battery cells are arranged in a first direction, and the first chamber and the second chamber extend in the first direction (figure 6, first space 61a, second space 62a). Regarding claim 7, Itoi discloses the limitations of claim 6. Itoi further discloses wherein the first chamber and the second chamber are alternately arranged in a second direction crossing the first direction (figure 6, first space 61a, second space 62a, arranged horizontally). Regarding claim 8, Itoi discloses the limitations of claim 5. Itoi further discloses wherein the vent bracket comprises: a bracket body around the first chamber (paragraph 0071, partitions 40); a first extension portion extending from the bracket body and in contact with the first cover (figure 6, resin case 21, sidewall connects to the partition, qualifying as an extension portion); and a second extension portion extending from the first extension portion and in contact with the housing body (paragraph 0071, figure 6). Regarding claim 9, Itoi discloses the limitations of claim 8. Itoi further discloses wherein the guide member further comprises a sealing member configured to seal the first chamber and the transfer hole (paragraph 0106, figure 19, resin panel 93). Regarding claim 10, Itoi discloses the limitations of claim 9. Itoi further discloses wherein the sealing member comprises: a first sealing member between the first cover and the first extension portion (figure 19, projections 40b); a second sealing member between the bus bar holder and the bracket body (paragraph 0106, figure 19, resin panel 93); and a third sealing member between the bus bar holder and the first surface (paragraph 0056, figure 7, elastic member 31 may include adhesive). Regarding claim 12, Itoi discloses the limitations of claim 8. Itoi further discloses wherein the guide member further comprises a fixing member connected to the vent bracket and configured to prevent movement of the vent bracket (paragraph 0047, figure 5c, side walls 41, side walls of case 20). Regarding claim 19, Itoi discloses a vehicle comprising: a vehicle body; and a battery pack (paragraphs 0003, 0125) comprising: a housing; a plurality of battery cells (paragraphs 0050-0052, figure 2, module 200, case 20, cells 100), each comprising a first surface and a second surface opposite to each other (annotated figure 2), and a vent and a terminal on the first surface (vent 8a, terminals 8), the plurality of battery cells arranged inside the housing; a guide member between the housing and the first surface and configured to guide a flow of emissions discharged from the vent (exhaust duct 60, openings 30a); and a buffer member between the housing and the first surface and configured to absorb an impact applied to the terminal (paragraphs 005-0057, elastic member 31). 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Itoi (US 20150140369 A1) in view of Jeon et al. (US 20220231354 A1). Regarding claim 3, Itoi discloses the limitations of claim 2. Itoi is silent regarding wherein the housing further comprises a cooling channel inside the second cover and through which a refrigerant is configured to flow. Jeon discloses a battery module comprising: a battery cell stack in which a plurality of battery cells are stacked; and a cooling port configured to supply a refrigerant to a heat sink formed on a bottom part of the module frame (Jeon paragraph 0012, figure 5). The reference teaches that the cooling plate is attached to the lower frame 210, equivalent to the second cover, and the structure improves cooling efficiency and space utilization (Jeon paragraph 0044-0045). Jeon and Itoi are analogous because they both disclose battery packs with cooling structures. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery pack disclosed by Itoi to include the cooling channel disclosed by Jeon. Doing so would improve cooling efficiency and space utilization. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Itoi (US 20150140369 A1) in view of Fujii et al. (US 20150125720 A1). Regarding claim 11, Itoi discloses the limitations of claim 10. Itoi is silent regarding wherein the sealing member further comprises a fourth sealing member inside the second chamber. Fujii discloses a power supply device comprising a plurality of battery cells in a state of being stacked, and a gas duct extended in the stacked direction (Fujii paragraph 0013, figures 5-6). Fujii further discloses that the duct is divided into first duct 6A and second duct 6B, and includes binding portions 5A in the chamber in order to fix the components in place (Fujii paragraphs 0087-0088, figure 6). Fujii and Itoi are analogous because they both disclose battery packs with stacked structures. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pack disclosed by Itoi to include the binding portion disclosed by Fujii as the fourth sealing member. Doing so would provide the chamber in a fixed state. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Itoi (US 20150140369 A1) in view of Moon (US 20230261328 A1). Regarding claim 20, Itoi discloses the limitations of claim 19. Itoi further discloses that the first surface faces downward (figure 2, direction of the top of battery cells 100 is considered downward). Itoi does not explicitly disclose wherein the battery pack is located below the vehicle body. Moon discloses an electric vehicle battery pack including a plurality of battery cells (Moon paragraph 0010). Moon further discloses that the battery pack may be positioned below the vehicle for the purpose of being less prone to being damaged in a collision (Moon paragraph 0023). Moon and Itoi are analogous because they both disclose battery packs for vehicles. It would have been obvious to one of ordinary skill in the art before the effective filing date of the clamed invention to have modified the battery pack of Itoi to be positioned as disclosed by Moon for the purpose of being less prone to being damaged in a collision. Allowable Subject Matter Claims 13-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 13 would be allowable for disclosing wherein the fixing member comprises: a first fixing body passing through the second extension portion and inserted in the housing body; a second fixing body inside the housing body and coupled to the first fixing body; and a pressing flange extending from the first fixing body and configured to press the second extension portion toward the housing body. Itoi discloses wherein the guide member further comprises a fixing member connected to the vent bracket and configured to prevent movement of the vent bracket (paragraph 0047, figure 5c, side walls 41, side walls of case 20). However, Itoi fails to disclose the fixing body and pressing flange structure of the claimed configuration, as the vent bracket is fixed by the sidewall structure. Claim 14 would be allowable for disclosing wherein the guide member further comprises a plurality of reinforcing members configured to reinforce rigidity of the vent bracket. Itoi discloses projections 40b formed in the guide member (Itoi paragraph 0105, figure 19) but fails to disclose reinforcing members which improve rigidity of the partition. Claims 15-16, which are dependent upon claim 14, would subsequently be allowable. Claim 17 would be allowable for disclosing wherein the terminal is provided as a pair, and the buffer member comprises: a first pad on a side of the vent bracket and facing a terminal of the pair of terminals; and a second pad on another side of the vent bracket and facing another terminal of the pair of terminals. Itoi discloses an elastic member in contact with the flat plate 30 (Itoi paragraph 0056, figure 3, elastic member 31). However, Itoi fails to disclose the two pad structure facing the terminals of the claimed configuration. Li et al. (US 20240072393 A1) is cited of interest for disclosing a terminal assembly including elastic members 15 facing the terminals (Li paragraphs 0081, figure 3). However, Li fails to disclose a first pad on a side of the vent bracket and facing a terminal of the pair of terminals; and a second pad on another side of the vent bracket and facing another terminal of the pair of terminals. Claim 18 would be allowable for depending upon claim 17. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN T LUSTGRAAF whose telephone number is (571)272-0165. The examiner can normally be reached Monday - Friday 8:30 am - 6:00 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, 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. /B.T.L./ Examiner, Art Unit 1727 /BARBARA L GILLIAM/ Supervisory Patent Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

May 14, 2024
Application Filed
Sep 23, 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
58%
Grant Probability
80%
With Interview (+21.4%)
3y 5m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

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