Prosecution Insights
Last updated: September 17, 2026
Application No. 18/726,024

BATTERY

Non-Final OA §103
Filed
Jul 01, 2024
Priority
May 05, 2021 — GB 2106414.2 +1 more
Examiner
KUYKENDALL, ALYSSA LEE
Art Unit
Tech Center
Assignee
Aceleron Limited
OA Round
1 (Non-Final)
21%
Grant Probability
At Risk
1-2
OA Rounds
1y 5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants only 21% of cases
21%
Career Allowance Rate
5 granted / 24 resolved
-39.2% vs TC avg
Strong +95% interview lift
Without
With
+95.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
41 currently pending
Career history
84
Total Applications
across all art units

Statute-Specific Performance

§103
61.2%
+21.2% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 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 . Summary This is a non-final office action for application 18/726,024 filed on 01 July 2024. Claims 33-52 are currently pending in this application. 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. Claims 33, 35-47, and 49-52 are rejected under 35 U.S.C. 103 as being unpatentable over Chiaki (JP-2001155702-A) in view of Hooper et al. (US-20210126302-A1), hereinafter “Hooper”. Regarding Claim 33, Chiaki discloses a battery pack assembly (battery device 1; see [0011]), the assembly comprising: a plurality of cells (a plurality of cylindrical battery cells; see [0011]), each cell having a body portion extending between a first end having a first terminal and a second end having a second terminal (negative electrode terminal member 18b and positive electrode terminal member 18c of the battery cell 18; see [0019] and Fig. 2), a first holding frame being configured to accommodate at least the first end of one or more of the plurality of cells and a second holding frame being configured to accommodate at least the second end of one or more of the plurality of cells (the cell case 2 is configured by stacking two case halves 9 and 10; see [0012] and “cell case 2 that houses a cell unit composed of a plurality of cylindrical battery cells”; see [0011]), an electrical control unit (cell control board 43; see [0038]; see [0054]), and a separator plate (insulating plate 44; see [0039]), wherein the separator plate is located between the plurality of cells and the electrical control unit (see Fig. 2, parts 43, 44, and 18) and is secured to the first holding frame and the second holding frame (the cell control board 43 is screwed to the screw mounting portion 16 of the cell case 2 via an insulating plate 44; see [0039] and Figs. 1-2). Chiaki does not explicitly teach the controller being configured to control the electrical output of the battery pack assembly. However, Hooper discloses an electrical control unit (power control system 122 can include electronics; see [0054]) configured to control the electrical output of the battery pack assembly (for controlling charging and discharging of the battery cells 102; see [0054]). Chiaki and Hooper are both considered to be analogous to the claimed invention because they are in the same field of battery modules. It would have been obvious to a person of ordinary skill in the art to modify Chiaki by incorporating the control of electrical output of Hooper because Hooper offers the motivation of enabling interfacing with external equipment (see [0054]). Regarding Claim 35, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki further discloses wherein the separator plate is removably secured to the first holding frame and to the second holding frame (the cell control board 43 is screwed to the screw mounting portion 16 of the cell case 2 via an insulating plate 44; see [0039] and Figs. 1-2). A person of ordinary skill in the art understands that screws are a removable form of fastening. Regarding Claim 36, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki further discloses wherein the separator plate comprises a first plurality of apertures and/or a second plurality of apertures (the cell control board is screwed through the insulating plate; see [0047] and Fig. 7). Screwing through the insulating plate necessarily requires apertures to accommodate said screws. Examiner recognizes that this excerpt is from a different embodiment disclosed by Chiaki, but that Chiaki expressly states that “The battery device described above has the same configuration as the battery device 1 except for the cell case; see [0047]). Regarding Claim 37, Chiaki and Hooper together disclose a battery pack assembly according to claim 36. Chiaki further discloses fasteners extending through one or more of the first plurality of apertures to engage the first holding frame/ and or comprising fasteners extending through one or more of the second plurality of apertures to engage the second holding frame (screwed in via an insulating plate; see [0047]). Regarding Claim 38, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki further discloses an intermediate holding frame which is located between the first holding frame and the second holding frame (on the case halves 9 and 10, multiple ribs 12 are formed on the inner side of the sides 9b and 10b, extending to the sides 9a and 10a; see [0015] and Fig. 2). Regarding Claim 39, Chiaki and Hooper together disclose a battery pack assembly according to claim 38. Chiaki further discloses wherein a first plurality of said plurality of cells are located between the first holding frame and the intermediate holding frame and/or wherein a second plurality of said plurality of cells are located between the second holding frame and the intermediate holding frame (see Fig. 2 which shows the ribs/intermediate holding frame 12, and the cover/first holding frame 9. It is clear that when the exploded perspective is put together, there is a plurality of batteries above part 12 and a plurality of batteries below, wherein the top and bottom of the battery cell stack is covered by part 9. The same goes for part 10). Regarding Claim 40, Chiaki and Hooper together disclose a battery pack assembly according to claim 38. Chiaki further discloses wherein the intermediate holding frame is rebated with respect to the first holding frame and the second holding frame so as to define a space between the intermediate holding frame and the separator plate (see Fig. 2, which shows parts 9 and 10 (first and second holding frames) projecting farther toward the separator plate (parts 44/45), part 12 (intermediate frame) sits inward of parts 9 and 10, making it rebated, and a visible clearance exists between part 12 and parts 44/45). Regarding Claim 41, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki further discloses wherein the separator plate is located in substantially perpendicular relations to the first and second holding frame (see Fig. 2 Parts 44/45, 9 and 10). Regarding Claim 42, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki further discloses wherein each of the first and second holding frame has a base and a peripheral wall bounding the base (the peripheral walls that rise along the outer circumference of the side surfaces 9b and 10b of the case halves 9 and 10 constitute the top surfaces 9c and 10c, the bottom surfaces 9d and 10d, the rear surfaces 9e and 10e, and the front surfaces 9f and 10f, respectively; see [0017] and Fig. 2). Regarding Claim 43, Chiaki and Hooper together disclose a battery pack assembly according to claim 42. Chiaki further discloses wherein the peripheral wall of each of the first holding frame and the second holding frame comprises apertures for the receipt of fasteners for the securement of the separator plate thereto (the case halves 9 and 10 are provided with screw mounting sections 15 on the front 9f and 10f sides for screwing in the front cover 5, and also with screw mounting sections 16; see [0018] and “screwed to the screw mounting portion 16 of the cell case 2 via an insulating plate 44”; see [0039]). Regarding Claim 44, Chiaki and Hooper together disclose a battery pack assembly according to claim 42. Hooper further discloses wherein the separator plate has a periphery, at least a portion of which extends outboard of the base of the first holding frame and/or the base of the second holding frame (see annotated Fig. 8, where 118 is a first holding frame, and further see Fig. 5, which shows the relative position of the controller 122 and the cells 102. Even though not explicitly disclosed in text, it is clear that the part labeled “separator” in the annotated figure separates the controller and the cells, and has a periphery that extends outboard of part 118a). PNG media_image1.png 593 602 media_image1.png Greyscale KSR Rationale E (see MPEP 2141) states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success”. In this case, there are 3 predictable solutions: the periphery of the separator can be in line, outbound, or inbound. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the instant invention to select the periphery of the separator to be outbound of the first holding frame in order to meet design requirements. Regarding Claim 45, Chiaki and Hooper together disclose the battery pack assembly according to claim 44. Chiaki further discloses outboard apertures extending through the periphery of the separator plate (see Fig. 2 which depicts apertures located in the outer peripheral region of plate 45, i.e., in an outboard location relative to the battery cells and associated battery stack). Regarding Claim 46, Chiaki and Hooper together disclose the battery pack assembly according to claim 45. Chiaki further discloses a housing (The battery device 1 includes side covers 3 and 4 and a front cover 5 attached to a cell case 2… the battery cells housed in the battery device 1; see [0011]), wherein the housing comprises a body portion (side covers 3 and 4 and cell case 2; see [0011]) and a closure (front cover 5; see [0011]). Regarding Claim 47, Chiaki and Hooper together disclose the battery pack assembly according to claim 46. Chiaki further discloses closure fasteners and wherein at least some of the closure fasteners secure the closure to the separator plate (the front cover 5 is attached to the front side where the cell control board 44 is screwed through the insulating plate 45; see [0047]) and wherein at least some of the closure fasteners secure the closure to the body portion (the side covers 3 and 4, and the front cover 5 are connected by screws; see [0041]). Regarding Claim 49, Chiaki and Hooper together disclose the battery pack assembly according to claim 46. Chiaki further discloses wherein the housing comprises apertures for the receipt of housing fasteners to secure the housing to one or both of the first holding frame and the second holding frame (The side covers 3 and 4 described above are, with respect to the cell case 2, the screw mounting portions 13 formed on the side surfaces 9b and 10b of the case halves 9 and 10 that form the side surfaces of the cell case 2, and the side cover 3. , 4 and the screw holes 40 formed in them are positioned, screwed and attached… Similarly, the front cover 5 also has screw mounting portions 15 formed on the front surfaces 9f and 10f of the case halves 9 and 10 forming the front portion of the cell case 2, and the screw holes 46 formed in the front cover 5; see [0041]). Regarding Claim 50, Chiaki and Hooper together disclose the battery pack assembly according to claim 33. Chiaki further discloses wherein the electrical control unit is located adjacent the separator plate (cell control board 44 is screwed through the insulating plate 45; see [0047] and Fig. 2), and/or the separator plate is located adjacent the holding frame (see Fig. 2 Parts 44, 45, 9, and 10). Regarding Claim 51, Chiaki and Hooper together disclose a battery pack assembly according to Claim 50. Chiaki further discloses wherein the electrical control unit is removably secured to the separator plate (cell control board 44 is screwed through the insulating plate 45; see [0047]). Regarding Claim 52, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki discloses electrically connecting the control unit to at least some of the plurality of cells (the control board 43 detects the voltage value and the surface temperature of each battery cell 18 from the sensing wire 25 and the temperature sensor 26 attached to the bus bars 21 and 24; see [0039]). Hooper further discloses wherein the electrical control unit is electrically connected to at least some of the plurality of cells via an aperture located in the separator plate (power and control system 122 including a head module 124…for controlling charging and discharging of the battery cells 102… plurality of ports and jacks for accommodating such purposes; see [0054]). In this case the head module 124 acts as a separating structure between the control system and cells 102. Connecting the cells to the control board via an aperture in the separator plate would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because the courts have stated that a mere rearrangement of parts that would not have modified the operation of the device is held to be an obvious matter of design choice (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975)). Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Chiaki (JP-2001155702-A) in view of Hooper et al. (US-20210126302-A1), hereinafter “Hooper” and Ota et al. (US-20170025646-A1), hereinafter “Ota”. Regarding Claim 34, Chiaki and Hooper together disclose a battery pack assembly according to claim 33. Chiaki further discloses wherein the separator plate comprises or consists of a non-electrically conductive material (insulating plate 44; see [0039]). Chiaki does explicitly teach the use of polyamide, polycarbonate, or polyvinyl chloride as the material for the insulating plate. However, Ota discloses polyamide, polyvinyl chloride, and polycarbonate as being suitable insulating materials for use in a battery (the plastic frame is insulating… the plastic frame include materials such as nylon… PVC… polycarbonate; see [0150]-[0151]). Chiaki and Ota are both considered analogous to the claimed invention because they are in the same field of battery packs. KSR Rationale E (see MPEP 2141) states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success”. Therefore, because Chiaki disclosed an insulating material but did not specify the composition of said material, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select polyamide, PVC, and/or polycarbonate from the list of possible insulating materials used in a battery taught by Ota. Claim 48 is rejected under 35 U.S.C. 103 as being unpatentable over Chiaki (JP-2001155702-A) in view of Hooper et al. (US-20210126302-A1), hereinafter “Hooper” and Suzuki (US-20140045027-A1). Regarding Claim 48, Chiaki and Hooper together disclose a battery pack assembly according to claim 46. Chiaki further discloses terminals that extend outside of the body (a negative electrode external terminal 7 and a positive electrode external terminal 8 are provided; see [0011]), but does not explicitly teach them being disposed on the closure. However, Suzuki discloses wherein a closure (fixing screw 271 is screwed to fix the board 300 to the holder member 200; see [0071]) comprises terminals (a terminal member 331 is attached to the positive electrode washer 321, and a terminal member 332 to the negative electrode washer 322; see [0118] and Fig. 18) for electrically connecting the plurality of cells to an external body (this is the well known and understood function of battery terminals). Chiaki and Suzuki are both considered to be analogous to the claimed invention because they are in the same field of battery pack assemblies. Incorporating the battery terminals onto the closure member would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention because Suzuki offers the motivation of connecting batteries in series and enabling charging and discharging of the series of batteries (see [0118]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA LEE KUYKENDALL whose telephone number is (571)270-3806. The examiner can normally be reached Monday- Friday 9:00am-5:00pm. 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, Claire Wang can be reached at 571-270-1051. 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. /A.L.K./Examiner, Art Unit 1774 /CLAIRE X WANG/Supervisory Patent Examiner, Art Unit 1774
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Prosecution Timeline

Jul 01, 2024
Application Filed
Aug 04, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
21%
Grant Probability
99%
With Interview (+95.0%)
3y 8m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 24 resolved cases by this examiner. Grant probability derived from career allowance rate.

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