Prosecution Insights
Last updated: September 29, 2026
Application No. 18/735,263

BATTERY ASSEMBLY

Non-Final OA §103
Filed
Jun 06, 2024
Priority
Jun 07, 2023 — DE 102023114919.9
Examiner
RASSOULI, LILI
Art Unit
Tech Center
Assignee
Dr. Ing. h.c. F. Porsche Aktiengesellschaft
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
9m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
2 granted / 4 resolved
-10.0% vs TC avg
Strong +67% interview lift
Without
With
+66.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
29 currently pending
Career history
20
Total Applications
across all art units

Statute-Specific Performance

§103
65.2%
+25.2% vs TC avg
§102
13.6%
-26.4% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 4 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 06/06/2024, 07/16/2024, and 10/03/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are 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. Claims 1-5, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Chi et al. (US 20230216130 A1.) Regarding claim 1, Chi teaches a battery assembly comprising ([0044], Fig. 2; a secondary battery module): a battery housing having a cuboid interior ([0046]; Fig. 2, housing 20 comprising bottom part 20a, two sidewalls 20b and 20c extending vertically and parallel to each other at opposite ends of bottom part 20a, and a ceiling part 20d extending from an upper end of each of the sidewalls 20b and 20c and disposed parallel to the bottom part 20a; thereby defining a cuboid interior), at least two battery cells arranged parallel to one another in the cuboid interior of the battery housing in a first transverse direction (X) extending perpendicular to an insertion direction (Y) of the battery cells ([0045, 0056, 0058], Fig. 2: a plurality of secondary batteries 10 are mounted in housing 20; each secondary battery having two flat side surfaces, parallel to each other and the plurality of secondary batteries 10 being stacked in a thickness direction, corresponding to the claimed first transverse direction; [0049]: plurality of battery cells are mounted into housing 20 through an opened portion thereof. Chi does not specify the particular side of the housing 20 at which the opened portion is provided or otherwise limit the direction from which the battery cells are inserted. This teaching demonstrates that the insertion direction is a matter of design choice available to a person having ordinary skill in the art. Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to provide the open portion at a suitable side of housing 20 and insert the battery cells therethrough in a direction perpendicular to the thickness/stacking direction of the secondary batteries 10, corresponding to the claimed insertion direction. Selecting such an arrangement would have involved only an exercise of routine design choice, yielding predictable results and therefore would have been obvious to a person having ordinary skill in the art. See also MPEP 2144.04 VI C) at least one compression pad arranged between the at least two battery cells ([0023, 0049, 0063, 0065], Fig. 2; pad 30 comprising an elastic material and further teaches that it is mounted at intervals between the predetermined number of secondary batteries 10; Chi further teaches that pad 30 is elastically deformed when compressed and accommodates movement associated with swelling of secondary batteries 10. Thereby corresponding to the claimed compression pad.) and at least one contact element arranged in a corner of the interior of the battery housing ([0051, 0059-0061], Figs. 2, 3; rib 21 together with the inclined end portion of pad 30 disposed at an end of the stack of secondary batteries 10 corresponds to the claimed contact element. Wherein rib 21 and inclined end portion of pad 30 are arranged inside each of edges connecting the bottom part 20a and the sidewalls 20b and 20c of the housing 20, thereby locating rib 21 together with the inclined end portion of pad 30 at an interior corner of housing 20), wherein the at least one contact element has a contact surface which is in contact with at least one battery cell or a component connected thereto in a force-fitting and/or form-fitting manner ([0029, 0050-0051, 0063, 0067, 0070]; Figs. 2, and 3). Specifically, Chi teaches that rib 21 together with the inclined end portion of pad 30 is provided at the interior corner of housing 20, has an inclined shape whose thickness gradually increases toward bottom part 20a. Chi further teaches that pad 30 is disposed between sidewall 20b/20c and the side surface of the outermost secondary battery 10, and that rib 21 together with the inclined end portion of pad 30 presses and pre-compresses the outermost secondary battery 10 ([0050-0051, 0063]). As a result of this pressing engagement, secondary battery 10 is maintained in compressed contact with rib 21 together with the inclined end portion of pad 30 , thereby providing a force-fitting engagement between the contact surface of rib 21 together with the inclined end portion of pad 30 and the outermost secondary battery 10. Chi further teaches that this pre-compressed arrangement more firmly supports the lower end of secondary battery 10 and restricts movement thereof ([0067, 0070]). Accordingly, Chi teaches the claimed contact surface in contact with at least one battery cell in a force-fitting and/or form-fitting manner. wherein the contact element is configured to exert a force, via the contact surface, on the battery cells or the component connected thereto in a second transverse direction (Z) running perpendicular to the first transverse direction (X) which causes the battery cells or the component connected thereto to bear against a stop ([0051, 0060, 0062]; see the annotated Fig. 2 of Chi below). Specifically, Chi teaches rib 21 together with the inclined end portion of pad 30 has an inclined surface. It would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to configure the inclined contact surface of rib 21 together with the inclined end portion of pad 30 such that the pressing force applied through pad 30 includes a force component in a second transverse direction Z perpendicular to the first transverse direction (X) and urges the secondary battery 10 toward and against a stop of housing 20. An inclined contact surface predictably resolves an applied contact force into force components corresponding to the directions defined by the surfaces bounding the corner. Such a configuration would merely employ the known mechanical effect of an inclined contact surface to achieve the expressly desired positioning and restraint of the battery within housing 20. PNG media_image1.png 792 1430 media_image1.png Greyscale Regarding claim 2, Chi teaches all limitations of claim 1 as stated above. Chi further teaches a limitation wherein the contact surface of the contact element is an inclined plane ([0060]; Figs. 2, 3; rib 21 together with the inclined end portion of pad 30 is formed to have an inclined shape). Regarding claim 3, Chi teaches all limitations of claim 1 as stated above. Chi further teaches a limitation wherein the stop is a wall of the battery housing ([0046, 0051, 0060, 0062], Figs. 2, 4). As discussed with respect to claim 1, it would have been obvious to configure the inclined contact surface of rib 21 together with the inclined end portion of pad 30 such that the pressing force transmitted through pad 30 includes a force component in the second transverse direction Z that urges secondary battery 10 toward bottom part 20a, thereby causing the battery or component associated therewith to bear against the housing wall serving as the claimed stop Regarding claim 4, Chi teaches all limitations of claim 1 as stated above. Chi further teaches a limitation wherein two of the contact elements are arranged on two sides of the interior of the battery housing opposite each other with respect to the second transverse direction (Z) (see the annotated Fig. 2 of Chi above; Chi provides respective ribs 21 together with the inclined end portion of pad 30 at the two opposed interior corner regions formed between bottom part 20a and sidewalls 20b and 20c, thereby providing two contact elements on opposing sides of the interior of housing 20) Regarding claim 5, Chi teaches all limitations of claim 4 as stated above. Chi further teaches a limitation wherein the contact elements are arranged on a same side of the interior of the battery housing with respect to the first transverse direction (X) (see the annotated Fig. 2 of Chi above; bot ribs 21 together with the inclined end portions of pad 30 are disposed at corner regions adjacent the same bottom part 20a of housing 20). Regarding claim 8, Chi teaches all limitations of claim 1 as stated above. Chi further teaches a motor vehicle comprising the battery assembly according to claim 1 ([0003, 0008, 0013, 0014]). Specifically, Chi teaches that a secondary battery having a high energy density is mounted on an electric vehicle (EV) or a hybrid vehicle (HEV) and is used as a driving power source ([0003]). Chi further teaches that a plurality of secondary batteries are assembled to form a secondary battery module ([0008]) and identifies problems occurring in such secondary battery modules, including deformation of the housing and movement of the secondary batteries within the housing ([0013]). Chi states that an object of the disclosed invention is to provide a secondary battery module that more efficiently distributes pressure caused by swelling, minimizes deformation of the housing, and more efficiently supports the ends of the secondary batteries ([0014]). Thus, Chi teaches the disclosed secondary battery module, discussed above with respect to claim 1, for addressing problems associated with secondary batteries of the type used as a driving power source in an EV or HEV. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the battery assembly of Chi in a motor vehicle, such as an EV or HEV, consistent with Chi’s expressly disclosed use of such secondary batteries as a driving power source, thereby providing a motor vehicle comprising the battery assembly as claimed. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chi, as applied to claim 1 above, and further in view of Park (US 20140120391 A1, as cited within the IDS dated 10/03/2025). Regarding claim 6, Chi teaches all limitations of claim 1 as stated above. Chi does not teach a limitation wherein the at least one contact element comprises an elastic material. Specifically, Chi teaches that the claimed contact element is formed by rib 21 together with the inclined end portion of pad 30. Chi teaches that pad 30, including the inclined end portion, is formed of an elastic material ([0063]). However, Chi is silent regarding the material from which rib 21, which forms the remaining portion of the claimed contact element, is formed. However, Park teaches aligning unit 40 arranged along an inner edge at the bottom of frame 10 where side plates 11 and 12 are joined to bottom plate 15. Aligning unit 40 contacts barriers 20 to regulate positioning of barriers 20 with respect to frame 10 and maintains barriers 20 at a predetermined distance T from bottom plate 15 ([0037], Fig. 3). Park further teaches that the aligning unit 40 may have a triangular shape having a first surface 41 contacting one of the side plates 11 and 12 ([0038]). Park further teaches that the aligning unit 40 may include an elastic material, for example, may be made of a rubber or a synthetic resin having elasticity ([0038]). Park teaches that aligning unit 40 regulates the position of barriers 20 relative to frame 10 ([0037]). Park further teaches that the aligning unit allows positioning to be precisely controlled ([0039]) and thus the relative positioning of the barriers 20 and batteries 30 with respect to frame 10 may be firmly maintained, including under external impact ([0007,0040]). Further, Chi, and Park are considered to be analogous to the claimed invention because both are in the same field of battery pack. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the contact element of Chi to comprise an elastic material, as taught by Park to further stabilize and maintain positioning of the batteries with respect to the battery housing under external impact ([0007, 0038-0040]). Regarding claim 7, Chi, as modified by Park, teaches all limitations of claim 6 as stated above. Chi further teaches a limitation wherein an elasticity of the at least one contact element is lower than an elasticity of the at least one compression pad ([0063]). Chi specifically teaches pad 30 formed of an elastic material [0063], and the contact element is formed by rib 21 together with the inclined end portion of pad 30 (Figs. 2, 3). Rib 21 forms part of housing 20, while pad 30 is formed of an elastic material and is configured to elastically deform under compression ([0063]). Accordingly, the contact element includes the relatively rigid rib 21 of housing 20 in combination with the elastic inclined end portion of pad 30, whereas the compression pad is formed of the elastic material. Therefore, it would have been obvious to one of ordinary skill in the art that the contact element has a lower elasticity than the compression pad, as claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lili Rassouli whose telephone number is (571)272-9760. The examiner can normally be reached Monday-Thursday 8:00 AM-4:00 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, 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. /LILI RASSOULI/ Examiner, Art Unit 1728 /MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
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Prosecution Timeline

Jun 06, 2024
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
99%
With Interview (+66.7%)
3y 1m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 4 resolved cases by this examiner. Grant probability derived from career allowance rate.

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