Prosecution Insights
Last updated: September 17, 2026
Application No. 18/919,556

BATTERY CELL, BATTERY AND ELECTRICITY-CONSUMING DEVICE

Final Rejection §103
Filed
Oct 18, 2024
Priority
Aug 30, 2022 — continuation of PCTCN2022115741
Examiner
GATEWOOD, DANIEL S
Art Unit
Tech Center
Assignee
Contemporay Amperex Technology (Hong Kong) Limited
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
1y 0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
883 granted / 1133 resolved
+17.9% vs TC avg
Strong +19% interview lift
Without
With
+18.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
54 currently pending
Career history
1177
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
57.9%
+17.9% vs TC avg
§102
17.9%
-22.1% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1133 resolved cases

Office Action

§103
BATTERY CELL, BATTERY AND ELECTRICITY-CONSUMING DEVICE 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 6/22/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Response to Amendment In response to communication filed on 7/31/2026: Claims 1, 2, 6, 7, 11, and 16 have been amended; claims 3-5, and 17 have been canceled. Claims 21-24 have been newly added. No new matter has been entered. Previous claim objections have been withdrawn due to amendment. Previous rejections under 35 USC 102(a)(1) have been withdrawn due to amendment. Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot based on grounds of new rejection necessitated by amendment. 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, 6, 18, 21, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2012/0169289 A1) and further in view of Chen et al. (WO 2023/010798 A1). Regarding claim 1, Kim et al. teach a battery cell (Abstract discloses a battery module.) comprising: a casing (Fig. 1, element 190 discloses a casing.), comprising an accommodating chamber (Fig. 1; paragraphs 0027, 0031 discloses battery cells, element 150, are bound and enclosed in the casing, element 190.); and an integrated circuit member (Fig. 1 discloses a thermistor, element 10.) configured to detect a working condition of the battery cell (Paragraph 0037 discloses the thermistor measures a temperature of the battery, element 150, and a battery management system (BMS) that determines a current state of the battery, element 150, by receiving a temperature signal from the thermistor, element 10. The BMS controls the charging and discharging operation of the battery, element 150.), wherein the battery cell further comprises an electrode assembly accommodated in the accommodating chamber (Fig. 1.), wherein the electrode assembly comprises an electrode body (Figs. 1 and 2, element 150.) and an electrode tab led out from an end of the electrode body (See annotated Fig. 2.) PNG media_image1.png 1406 2500 media_image1.png Greyscale Fig. 2 of Kim the electrode body comprises two first surfaces opposite to each other in a first direction and two second surfaces opposite to each other in a second direction, the two first surfaces are connected to the two second surfaces, each of the first surfaces is set in a curved shape bulging toward the casing (See annotated Fig. 4 below), the electrode tab is led out from the end of the electrode body in a third direction, each two of the first direction, the second direction and the third direction are perpendicular to each other, and the integrated circuit member is arranged on the first surface (See orientation of element 10 in annotated Fig. 4 below.). PNG image3.png 100 100 image3.png Greyscale Fig. 4 of Kim wherein the integrated circuit member is arranged on a first surface inside the accommodating chamber (Figs. 1 discloses the thermistor, element 10, is arranged inside the casing, element 190, of the battery.). However, Kim et al. do not teach wherein each of the second surfaces are in a flat shape. This is merely an example of changes in shape. MPEP 2144.04 IV B Changes in Shape In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Alternatively, Chen et al. teach a battery having two first surfaces opposite each other in a first direction and two second surfaces opposite to each other in a second direction, each of the first surfaces are curved and each of the second surfaces are flat (See annotated Fig. 1 of Chen below.). PNG image5.png 100 100 image5.png Greyscale Fig. 1 of Chen Therefore, it would have been obvious to one of ordinary skill in the art to modify Kim with Chen in order to accommodate different sizes of batteries. Regarding claim 2, the combination of Kim and Chen et al. teach the battery cell according to claim 1. Further, Chen et al. teach wherein the integrated circuit member further comprises a wireless communication unit, configured for wireless communication with an exterior of the battery cell (Paragraphs 0052-0054; Figs. 2 and 3 disclose the acquisition circuit, element 106, includes an acquisition module, element 110, a main control module, element 111, and a communication module, element 112. Further, the communication between these devices is in wireless communication with an external device, element 113.). Therefore, it would have been obvious to one of ordinary skill in the art to modify Kim with Chen in order to ensure the safety of the single battery cell. Regarding claim 6, the combination of Kim and Chen et al. teach the battery cell according to claim 1. Further, Kim teaches an electrode assembly (Fig. 1, element 150) and an insulating member (Figs. 2 and 5, element 100 discloses an insulating spacer.), wherein the insulating member and the electrode assembly are located in the accommodating chamber (Figs. 1 and 2 show both elements 160 and 100 are located in the interior of the casing, element 190.), the insulating member is arranged between the casing and a peripheral surface of the electrode assembly (Figs. 1 and 2 show element 100 assembled between the interior walls of the casing, element 190, and between the sides of the cells, element 150.), and the integrated circuit member is arranged on the insulating member (Fig. 5 shows element 10 located on the spacer, element 100.). Regarding claim 18, the combination of Kim and Chen et al. teach the battery cell according to claim 1. Further, Kim et al. teach a plurality of battery cells (Abstract). Regarding claims 21 and 22, the combination of Kim and Chen et al. teach the battery cell according to claim 1. Further, Kim et al. teach wherein the integrated circuit member is in a shape of a plate, sheet, or block (Fig. 1, element 10) and is a temperature sensor (Abstract discloses a thermistor which is a temperature sensor.). Allowable Subject Matter Claims 7-16, 19-20, and 23-24 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Applicant has amended claim 7 into independent form and also adding subject mattery that was determined to be allowable. Therefore, claim 7 is in condition for allowance. Claims 8-16 and 23-24 have been amended to depend on claim 7 and are also in condition for allowance. Claims 19-20 were previously determined to contain allowable subject matter. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30. 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, Ula Tavares-Crockett can be reached at 571-272-1481. 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. Daniel S. Gatewood, Ph.D. Primary Examiner Art Unit 1729 /DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 August 14th, 2026
Read full office action

Prosecution Timeline

Oct 18, 2024
Application Filed
May 07, 2026
Non-Final Rejection mailed — §103
Jul 31, 2026
Response Filed
Aug 18, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
78%
Grant Probability
97%
With Interview (+18.8%)
2y 11m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1133 resolved cases by this examiner. Grant probability derived from career allowance rate.

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