Prosecution Insights
Last updated: August 16, 2026
Application No. 18/069,274

Battery Unit, Method, and Apparatus for Operating the Battery Unit

Final Rejection §103
Filed
Dec 21, 2022
Priority
Dec 23, 2021 — DE 10 2021 214 976.6
Examiner
BICKIYA, AIMAN AMIR
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Vitesco Technologies GmbH
OA Round
4 (Final)
39%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
17 granted / 44 resolved
-29.4% vs TC avg
Strong +50% interview lift
Without
With
+50.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
28 currently pending
Career history
70
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 44 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 . Response to Arguments Applicant's arguments, filed 6/22/2026 have been fully considered but they are not persuasive. Applicant argues that the bypass mode described in Duan (¶[35]) is not equivalent to the claimed bypass mode (described in ¶[44] of the specification). Examiner notes that the bypass mode described in Duan is mapped to the claimed path-through mode, not the claimed bypass mode. Applicant argues that Duan’s bypass mode is not equivalent to either of the claimed bypass and path-through mode. Examiner respectfully disagrees. Duan’s described bypass mode connects the input to the output with a high efficiency (¶[40] “the bypass converters 206 may include a bypass mode to couple the input to the output with a high efficiency when the input and output voltage levels are similar”) which is equivalent to the described path-through mode of directly connecting the battery without adjusting the output voltage. Duan describes a zero current mode where the current is restricted to zero, described in ¶[47], which is equivalent to described bypass mode by restricting the battery module’s contribution. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Applicant argues that the converter modes described in Duan cannot be applied to Chertok because Duan describes parallel connected low voltage converters and Chertok describes a single high voltage converter. However the argument is not persuasive because it would be obvious to one of ordinary skill in the art to use a converter with the described modes in Chertok, with clear motivations that are expressed in Duan (battery balancing and increased efficiency). 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Chertok et al. (US 20040135546 A1) in view of Duan et al. (US 20200269704 A1). Regarding Claim 6, Chertok teaches a method for operating a battery unit, the method comprising: selecting one battery cell of a plurality of battery cells in a first battery module (¶[38] “The battery pack 100 is further coupled to a switch matrix 300, such that each of the storage cells 105 in the pack 100 may be individually selected”) dependent on received measurement values for the individual battery cells of the plurality of battery cells (¶[39] “A control unit 500 directs the switch matrix 300 in selectively coupling individual cells to the equalization converter 400 and monitors the state of charge of the individual cells 105”), wherein the respective measurement values each represent a state of charge of a battery cell, a battery cell voltage, and/or a state of health of a battery cell (see ¶[39] quoted above); and generating a balancing control signal (using control unit 500) and providing the signal to a balancing circuit such that the balancing circuit extracts energy from the selected battery cell and provides the energy to a first DC/DC converter (¶[39] “When the state of charge of an individual cell is different than a target state of charge, the control unit 500 directs the equalization converter 400 to transfer energy between the individual cell and the string of cells 100, such that the state of charge of the selected cell converges toward a target state of charge”, ¶[40] “For example, when the state of charge of a selected cell is greater than the target, the cell is incrementally discharged by directing the equalization converter 400 to draw current from the cell and to return the charge back to the battery pack 100 via connection 401”, see also ¶[59]: “In one particular embodiment, the buck converter is a Beta Dyne 40W Power WattTM DC/DC Converter”) or a power electronics unit, Chertok further teaches wherein the first DC/DC converter is configured to switch between a buck mode and a boost mode (¶[56] “The equalization converter 400 includes a buck converter 412, also referred to as a down converter”, ¶[59] “The equalization converter 400 further includes a boost equalization converter 414, also referred to as an up converter”) Chertok does not teach wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module. Duan teaches wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module (¶[47] “A minimum accepted efficiency limit for the bypass converters 206 may be selected as the predetermined efficiency level 408 … If current is allocated to one of the bypass converters 206 in the zero-current range 410 of current between a high limit zero-current bound 404 and a low limit zero-current bound 406, then the current may be restricted to zero. Outside of the zero-current range 410, the current may be allowed to be passed”), and a path-through mode to connect a DC link circuit directly to the first battery module (¶[35] “In some configurations, the bypass converters 206 may include a bypass mode to couple the input to the output with a high efficiency when the input and output voltage levels are similar. For example, the bypass mode may increase efficiency by avoiding switching losses within the converter”). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chertok to incorporate the teachings of Duan to provide wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module in order to avoid drawing current and damaging the battery if the charge level is too low, and to increase efficiency and avoid switching losses if the input and output levels are similar. Regarding Claim 8, Chertok teaches a non-transitory computer readable medium storing a computer program (see Figs. 7A and 7B which are executed by the controller 600, and necessarily stored on a computer readable medium) which, when the program is executed by a processor (600) of a battery management apparatus, causes the battery management apparatus to: select one battery cell of a plurality of battery cells in a first battery module (¶[38] “The battery pack 100 is further coupled to a switch matrix 300, such that each of the storage cells 105 in the pack 100 may be individually selected”) dependent on received measurement values for the individual battery cells of the plurality of battery cells (¶[39] “A control unit 500 directs the switch matrix 300 in selectively coupling individual cells to the equalization converter 400 and monitors the state of charge of the individual cells 105”), wherein the respective measurement values each represent a state of charge of a battery cell, a battery cell voltage, and/or a state of health of a battery cell (see ¶[39] quoted above); and generate a balancing control signal and providing the signal to a balancing circuit such that the balancing circuit extracts energy from the selected battery cell and provides the energy to a first DC/DC converter or a power electronics unit (¶[39] “When the state of charge of an individual cell is different than a target state of charge, the control unit 500 directs the equalization converter 400 to transfer energy between the individual cell and the string of cells 100, such that the state of charge of the selected cell converges toward a target state of charge”, ¶[40] “For example, when the state of charge of a selected cell is greater than the target, the cell is incrementally discharged by directing the equalization converter 400 to draw current from the cell and to return the charge back to the battery pack 100 via connection 401”), Chertok further teaches wherein the first DC/DC converter is configured to switch between a buck mode and a boost mode (¶[56] “The equalization converter 400 includes a buck converter 412, also referred to as a down converter”, ¶[59] “The equalization converter 400 further includes a boost equalization converter 414, also referred to as an up converter”) Chertok does not teach wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module. Duan teaches wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module (¶[47] “A minimum accepted efficiency limit for the bypass converters 206 may be selected as the predetermined efficiency level 408 … If current is allocated to one of the bypass converters 206 in the zero-current range 410 of current between a high limit zero-current bound 404 and a low limit zero-current bound 406, then the current may be restricted to zero. Outside of the zero-current range 410, the current may be allowed to be passed”), and a path-through mode to connect a DC link circuit directly to the first battery module (¶[35] “In some configurations, the bypass converters 206 may include a bypass mode to couple the input to the output with a high efficiency when the input and output voltage levels are similar. For example, the bypass mode may increase efficiency by avoiding switching losses within the converter”). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chertok to incorporate the teachings of Duan to provide wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module in order to avoid drawing current and damaging the battery if the charge level is too low, and to increase efficiency and avoid switching losses if the input and output levels are similar. Claim(s) 1, 3-4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Chertok et al. (US 20040135546 A1) in view of Levi et al. (US 20200212806 A1) further in view of Duan et al. (US 20200269704 A1). Regarding Claim 1, Chertok teaches a battery unit (Fig. 9) comprising: a string of battery modules (see Figs. 1-2 for an individual battery module) electrically connected in series (see Fig. 9), each battery module comprising a plurality of battery cells electrically connected in series (¶[37] “The cell balancing system 1 includes a battery pack 100 that further includes a string of series-connected storage cells 105 for storing energy”), wherein each battery module (see Figs. 1-2) of a group of battery modules comprises a respective balancing circuit (see “switch” modules in Fig. 9, ¶[37] “The battery pack 100 is further coupled to a switch matrix 300”) and a respective power electronics unit with a first DC/DC converter (400a, 400b, ¶[59] “In one particular embodiment, the buck converter is a Beta Dyne 40W Power Watt.TM. DC/DC Converter. In another particular embodiment, the buck converter is implemented as a combined buck/boost converter, which can be enabled to perform either function”, see Fig. 5) and the respective battery modules are electrically connected in series via the respective power electronics unit (¶[122] “The equalization converters 400a, 400b are coupled in series”); and wherein in each battery module, the first DC/DC converter (400) comprises: an output port with two output terminals providing an output voltage (see Fig. 2 for two lines leaving the converter); and a power supply port receiving power for the first DC/DC converter from the balancing circuit (see Fig. 2 for two lines connecting switches 300); wherein the first DC/DC converter sets the output voltage of the battery module to a predetermined value (¶[57] “The buck converter input voltage range can be matched to the maximum voltage produced by a string of cells in a battery module (e.g., 80 volts) or the entire battery pack itself (e.g., 400 volts). The buck converter output can be matched to the voltage of an individual cell. The converter output may also have its voltage and current limits programmable by the control unit 500”); wherein the first DC/DC converter is configured to switch between a buck mode and a boost mode (¶[56] “The equalization converter 400 includes a buck converter 412, also referred to as a down converter”, ¶[59] “The equalization converter 400 further includes a boost equalization converter 414, also referred to as an up converter”); and the balancing circuit (300) extracts energy from a selected battery cell or battery cells and provides the energy at least partly to the first DC/DC converter or the power electronics unit (¶[38] “The battery pack 100 is further coupled to a switch matrix 300, such that each of the storage cells 105 in the pack 100 may be individually selected and electrically coupled to an equalization converter 400”). Chertok further teaches wherein: each respective balancing circuit comprises a switch matrix (300); the switch matrix (300) comprises multiple switches (M1-M12) for selectively connecting and disconnecting the battery cells in the battery module to control discharging of the battery cells in the battery module (see Figs. 6A-6B, ¶[75] “the switch matrix 300 includes a bank of N+1 bidirectional switches (not shown) where N is the number of cells in the battery pack 100. In order to electronically couple an individual cell to, for example, the equalization converter 400”); Chertok does not teach wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module; and that the first DC/DC converter (400) comprises: an input port with two input terminals connected to the battery cells; Chertok also does not teach a second DC/DC converter; the switch matrix comprises multiple switches for selectively connecting and disconnecting to the second DC/DC converter; and the second DC/DC converter extracts energy from a selected battery cell or selected battery cells coupled to the second DC/DC converter via the switch matrix and provides the energy at least partly as the power supply to the first DC/DC converter or the power electronics unit, respectively. Levi teaches the first DC/DC converter (120) comprises: an input port with two input terminals (see Fig. 1, connection between power converter 120 and C1- Cn) It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chertok to incorporate the teachings of Levi to provide the first DC/DC converter (400) comprises: an input port with two input terminals in order to distinguish the input of the converter from the ports that supply power for the converter to operate. The combination of Chertok and Levi teaches that the first DC/DC converter (400) comprises: an input port with two input terminals connected to the battery cells. Levi further teaches a second DC/DC converter (112); the switch matrix (110) comprises multiple switches for selectively connecting and disconnecting to the second DC/DC converter (¶[25] “Switching circuit 110 may be configured to provide a connection between a subset of the capacitors C1-Cn to an output voltage provided across terminals terminal Vs+ and terminal Vs−, for positive and negative terminals respectively”, see Figs. 2A - 2G for multiple switches); and the second DC/DC converter extracts energy from a selected energy storage device (C1-Cn) coupled to the second DC/DC converter via the switch matrix and provides the energy at least partly as the power supply to the first DC/DC converter or the power electronics unit (120), respectively (¶[26] “an Auxiliary DC-DC converter 112 that regulates power to an auxiliary input voltage denoted Vaux”). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Chertok and Levi to further incorporate the teachings of Levi to provide a second DC/DC converter; the switch matrix comprises multiple switches for selectively connecting and disconnecting to the second DC/DC converter; and the second DC/DC converter extracts energy from a selected energy storage device coupled to the second DC/DC converter via the switch matrix and provides the energy at least partly as the power supply to the first DC/DC converter or the power electronics unit, respectively, in order to provide a regulated power source for the first DC/DC converter or other power electronics. The combination of Chertok and Levi does not teach wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module. Duan teaches wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module (¶[47] “A minimum accepted efficiency limit for the bypass converters 206 may be selected as the predetermined efficiency level 408 … If current is allocated to one of the bypass converters 206 in the zero-current range 410 of current between a high limit zero-current bound 404 and a low limit zero-current bound 406, then the current may be restricted to zero. Outside of the zero-current range 410, the current may be allowed to be passed”), and a path-through mode to connect a DC link circuit directly to the first battery module (¶[35] “In some configurations, the bypass converters 206 may include a bypass mode to couple the input to the output with a high efficiency when the input and output voltage levels are similar. For example, the bypass mode may increase efficiency by avoiding switching losses within the converter”). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chertok in view of Levi to incorporate the teachings of Duan to provide wherein the first DC/DC converter is configured to switch between a bypass mode to bypass the first battery module, and a path-through mode to connect a DC link circuit directly to the first battery module in order to avoid drawing current and damaging the battery if the charge level is too low, and to increase efficiency and avoid switching losses if the input and output levels are similar. Regarding Claim 3, the combination of Chertok, Levi, and Duan teaches the battery unit according to claim 2. Chertok further teaches wherein each respective switch matrix (300) comprises multiple switches (M1-M12) for connecting a first pole of each battery cell (V1-V5) to a first input terminal of the DC/DC converter and a second pole of each battery cell to a second input terminal of the DC/DC converter (see Figs. 6A and 6B for switches, Fig. 9 for connection to converter). Levi further teaches wherein the switch matrix (110) comprises multiple switches (S1-S4, see Figs, 2A-2B) for connecting to a first input terminal of the second DC/DC converter (112) and to a second input terminal of the second DC/DC converter (see Fig. 1). Regarding Claim 4, the combination of Chertok, Levi, and Duan teaches the battery unit according to claim 2. Chertok further teaches wherein each respective DC/DC converter (400) comprises an isolated bi-directional DC/DC converter (see Figs. 3A and 3B). Levi teaches each respective second DC/DC converter (112). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Chertok, Levi, and Duan to further incorporate the teachings of Levi to provide wherein each respective second DC/DC converter comprises an isolated bi-directional DC/DC converter in order to be able to selectively charge as well as discharge specific battery cells. Regarding Claim 7, the combination of Chertok and Duan teaches the method according to claim 6. Chertok further teaches wherein the balancing control signal comprises a first control signal (¶[39] “A control unit 500 directs the switch matrix 300 in selectively coupling individual cells to the equalization converter 400”) and a second control signal (¶[76] “The control unit 500 determines whether to charge or discharge the cell based on whether the state of charge of the selected cell is greater or less than a target state of charge. When the state of charge is greater, the control unit 500 sends a signal to the equalization converter 400 to discharge the cell”); the first control signal is sent to a switch matrix, such that the switch matrix connects the selected battery cell in a pre-defined manner (see ¶[39] quoted above). Chertok as modified does not teach such that the switch matrix connects the selected battery cell to a second DC/DC converter; and the second control signal is generated and sent to the second DC/DC converter, such that the second DC/DC converter discharges the selected battery cell/cells with a pre-defined current and provides a pre-defined supply voltage on a power supply port of the first DC/DC converter or the power electronics unit. Levi teaches such that the switch matrix (110) connects the selected energy storage device to a second DC/DC converter (112) in a pre-defined manner (¶[26] “The subset of the capacitors C1-Cn (such as the one or more capacitors selected as part of the subset), may be determined by switching circuit 110”); and the second DC/DC converter discharges the selected energy storage device (C1-Cn) and provides a pre-defined supply voltage (¶[26] “an Auxiliary DC-DC converter 112 that regulates power to an auxiliary input voltage denoted Vaux”) on a power supply port of the first DC/DC converter or the power electronics unit (120) (see Fig. 1). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chertok in view of Duan to incorporate the teachings of Levi to provide the switch matrix connects the selected energy storage device to a second DC/DC converter in a pre-defined manner; and the second DC/DC converter discharges the selected energy storage device and provides a pre-defined supply voltage on a power supply port of the first DC/DC converter or the power electronics unit in order to provide a regulated power source for the first DC/DC converter or other power electronics. The combination of Chertok, Levi, and Duan teaches that the switch matrix connects the selected battery cell to a second DC/DC converter; and the second control signal is generated and sent to the second DC/DC converter, such that the second DC/DC converter discharges the selected battery cell/cells and provides a pre-defined supply voltage on a power supply port of the first DC/DC converter or the power electronics unit. The combination of Chertok, Levi, and Duan does not explicitly teach that the second DC/DC converter discharges the selected battery cell/cells with a pre-defined current; however, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to calculate in advance the necessary current required by the second DC/DC converter. 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 AIMAN BICKIYA whose telephone number is (571)270-0555. The examiner can normally be reached 8:30 - 6 PM 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, Julian Huffman can be reached at 571-272-2147. 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.B./Examiner, Art Unit 2859 /JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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Prosecution Timeline

Show 2 earlier events
Nov 21, 2025
Response Filed
Dec 29, 2025
Final Rejection mailed — §103
Feb 23, 2026
Response after Non-Final Action
Mar 25, 2026
Request for Continued Examination
Mar 29, 2026
Response after Non-Final Action
Apr 06, 2026
Non-Final Rejection mailed — §103
Jun 22, 2026
Response Filed
Aug 03, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
39%
Grant Probability
89%
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3y 4m (~0m remaining)
Median Time to Grant
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