Prosecution Insights
Last updated: October 04, 2026
Application No. 18/080,881

Energy Store with a Defined Width

Non-Final OA §103
Filed
Dec 14, 2022
Priority
Dec 15, 2021 — DE 10 2021 133 296.6
Examiner
LA RAIA III, LAWRENCE
Art Unit
1727
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
3 (Non-Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
26 granted / 36 resolved
+7.2% vs TC avg
Strong +36% interview lift
Without
With
+36.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
39 currently pending
Career history
75
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
56.4%
+16.4% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
17.2%
-22.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 36 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 . Claim Status This Office action is responsive to amendments and remarks filed on 5/8/2026. Claims 1 and 7 have been amended. Claims 6 and 9 have been cancelled. Claims 1-5, 7-8 and 10-20 are currently pending. Response to Amendment In light of the amendment the rejection to the claims under §112(a) is withdrawn. In light of the amendment the rejection to the claims under §102(a)(1) is withdrawn. A new grounds of rejection under §103 is detailed below. Response to Arguments Applicant's arguments with respect to the rejection of the claims filed 5/8/2026 have been fully considered but they are not persuasive. Applicant argues on page 12 that there “no evidence that arranging the Q/N substores of Harris as recited in amended claim 1 would have resulted in higher ampere-hour ratings. In addition, this statement provides no reason why a skilled artisan would have connected the Q/N substores of Harris in series.” The office disagrees with this assertion. The arrangement of cells in substores and the arrangement of substores in both parallel and series is well known in the art for adjusting voltage and amps in a battery pack as evidenced by KANG in the new grounds of rejection detailed below. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-5, 7-8, 10-14 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200343516 A1, HARRIS et al. provided in the IDS dated 12/14/2022 in view of US 20110287287 A1, KANG. Regarding claim 1. HARRIS [0002] discloses an energy store which is referred to as a battery interconnect system for storing electrical energy; the energy store comprising: [0084] storage cells, referred to as a plurality of cells which are arranged in R rows and Q columns in annotated figure 2B depicted below, wherein the energy store is divided into Q/N sub-stores which have the storage cells in R rows (R=12) and N columns (where N=5); Q/N (where Q/N=5) sub-contacting systems for the corresponding Q/N sub-stores, wherein HARRIS [0126] anticipates multiple arrangements where there is a 1:1 correspondence between the Q/N sub-contacting systems and the Q/N sub-stores, when it is disclosed that “any suitable arrangement may be implemented, … as desired, in order to achieve desired current and voltage levels in electrical system.” HARRIS further discloses this in the annotated figure depicted below. See MPEP 2131.02 I. "A generic claim cannot be allowed to an applicant if the prior art discloses a species falling within the claimed genus." The species in that case will anticipate the genus. In re Slayter, 276 F.2d 408, 411, 125 USPQ 345, 347 (CCPA 1960); In re Gosteli, 872 F.2d 1008, 10 USPQ2d 1614 (Fed. Cir. 1989) [0126] a sub-contacting system for a respective sub-store is configured to interconnect the storage cells of the respective sub-store in accordance with an MP arrangement, called a group or groups of parallel cells (211) in which storage cells of sub-groups, , are interconnected in parallel to one another; and [0126] each sub-group has exactly M storage cells where “any suitable arrangement may be implemented, for example “5s, 60p”, “20s, 20p”, “10s, 40p”, and/or the like, as desired, in order to achieve desired current and voltage levels in electrical system” wherein M are all greater than 1; and Q/N-1 (where Q/N-1 = 4 from above) connection elements, via which the Q/N sub-stores are interconnected in series; wherein each of R, Q, N, Q/N, and M is a positive integer. PNG media_image1.png 513 758 media_image1.png Greyscale PNG media_image2.png 984 936 media_image2.png Greyscale HARRIS does not explicitly disclose wherein: the Q/N sub-stores are arranged next to one another along a transverse axis so that a first sub-store is arranged on a first longitudinal edge and a Q/Nth sub-store is arranged on an opposite second longitudinal edge of the energy store; the R rows of storage cells are arranged along a longitudinal axis between a first transverse edge and a second transverse edge of the energy store; and the Q/N sub-stores are interconnected in series such that: the one or more connection elements for interconnecting an odd sub-store to a directly subsequent sub-store are arranged on the second transverse edge; and the one or more connection elements for interconnecting an even sub-store to a directly subsequent odd sub-store are arranged on the first transverse edge. KANG [title] discloses A Cell Cartridge With A Composite Intercell Connecting Net Structure KANG [0013] further discloses “the unit cells are connected to each other by the connection plates connected to the respective electrodes in a composite series-parallel connection manner.” KANG [0018] discloses “The connection plate mounted on the bottom plate and the connection plate mounted on the upper cover may be formed lengthwise and arranged in the case in the transverse direction, each of the connection plates may comprise terminals connected to two rows of cells in the longitudinal direction, and the connection plates on the bottom plate and the connection plates on the upper cover may be alternately arranged in the longitudinal direction.” KANG [0035] discloses “the connection plates are alternately arranged such that the cells in different rows are connected in series while the cells in the same row are connected in parallel, it is possible to construct a composite series-parallel connection network (with a compounded interconnection) only by accommodating the cells in the case.” Applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.). It would have been obvious to one of ordinary skill in the art before the effective filing date to have rearranged the battery cells in order to obtain higher ampere-hour ratings. HARRIS [0111] discloses in the annotated figure 4C depicted below, wherein the Q/N sub-stores are interconnected in series such that: a discharge current flows into one or more odd sub-stores in a first longitudinal direction from the first transverse edge to the second transverse edge; and the discharge current flows into one or more even sub-stores of the discharge current in an opposite, second longitudinal direction from the second transverse edge to the first transverse edge. PNG media_image3.png 600 844 media_image3.png Greyscale Regarding claim 2. HARRIS in view of KANG discloses the energy store according to claim 1, wherein: the energy store is configured to provide a plurality of different MP arrangements of the storage cells of the Q/N sub-stores for a corresponding plurality of different values of M with constant values of Q and N by adapting the Q/N sub-contacting systems for the corresponding Q/N sub-stores; and HARRIS does not explicitly disclose the plurality of different values of M comprises 3, 4, 5 and/or 6. HARRIS [0105] discloses groups of parallel cells. While HARRIS fails to teach that said cells can be connected in parallel, one of ordinary skill in the art at the time of the invention would understand that said cells could be connected in series or in parallel in order to obtain the desired power from said energy store. One of ordinary skill in the art would understand that the cells could be electrically connected in series in order to obtain increased voltage, while the cells could be electrically connected in parallel in order to obtain higher ampere-hour ratings. It would have been obvious to one of ordinary skill in the art before the effective filing date to have battery cells in parallel to each other in an array or configuration disclosed by HARRIS in order to obtain higher ampere-hour ratings. Regarding claim 3. HARRIS in view of KANG discloses in the annotated figure above the energy store according to claim 2, wherein HARRIS discloses values of R=12, Q=25 and N=5, HARRIS does not explicitly disclose that solely by adapting the Q/N sub-contacting systems for the corresponding Q/N sub-stores, the plurality of different MP arrangements of the storage cells of the Q/N sub-stores is provided for the corresponding plurality of different values of M, However, through routine experimentation it would have been obvious to one of ordinary skill in the art before the effective filing date to have battery cells in parallel to each other in an array or configuration disclosed by HARRIS in order to obtain higher ampere-hour ratings. Regarding claim 4. HARRIS in view of KANG discloses the energy store according to claim 2. HARRIS does not disclose each of the plurality of different values of M all comprises an integer 1 ≤ M ≤ 2*N. While HARRIS fails to teach that said cells can be connected in parallel, one of ordinary skill in the art at the time of the invention would understand that said cells could be connected in series or in parallel in order to obtain the desired power from said energy store. One of ordinary skill in the art would understand that the cells could be electrically connected in series in order to obtain increased voltage, while the cells could be electrically connected in parallel in order to obtain higher ampere-hour ratings. It would have been obvious to one of ordinary skill in the art before the effective filing date to have battery cells in parallel to each other in an array or configuration disclosed by HARRIS in order to obtain higher ampere-hour ratings. Regarding claim 5. HARRIS in view of KANG discloses the energy store according to claim 1. HARRIS does not explicitly disclose, wherein: Q = 24; N = 3; R ≥ 10; and 1 ≥ M ≥ 6. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). It would have been obvious to one of ordinary skill in the art before the effective filing date to have rearranged the battery cells in order to obtain higher ampere-hour ratings. Regarding claims 7, 8 and 19. HARRIS in view of KANG discloses the energy store according to claim 1. HARRIS [0004] discloses, wherein: the energy store has a first terminal and a second terminal; HARRIS does not explicitly disclose the energy store is configured to provide a nominal voltage of 800 V or more between the first terminal and the second terminal; or wherein N and/or Q/N are such that a differential voltage between any storage cells from any two directly adjacent sub-stores does not exceed a predefined maximum voltage of 220 V as pertains to claim 19. Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, F.). HARRIS [abstract] discloses battery pack for use in electric vehicles. It is well known in the art and within the gambit for one of ordinary skill to use a battery pack providing a nominal voltage of 800 V or more or where wherein N and/or Q/N are such that a differential voltage between any storage cells from any two directly adjacent sub-stores does not exceed a predefined maximum voltage of 220 V as pertains to claim 19. HARRIS does not explicitly disclose the first terminal is arranged on the first transverse edge of the first sub-store; and the second terminal is arranged on the first transverse edge of the Q/Nth sub-store. However, mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). It would have been obvious to one of ordinary skill in the art before the effective filing date to have rearranged the battery cells in order to obtain higher ampere-hour ratings and to have performed routine experimentation in order to achieve the proper voltage which is well known in the art. Regarding claim 10. HARRIS in view of KANG discloses the energy store according to claim 1. HARRIS [0111] discloses in the annotated figure 4C depicted below, wherein: the sub-contacting system for the respective sub-store has a plurality of connection arrangements of different design for interconnection of a corresponding plurality of different sub-groups, each with M storage cells; spatial arrangements of the M storage cells relative to one another in the different sub- groups differ from one another; and the connection arrangements of different design are each configured to provide an MP arrangement of the M storage cells of a respective sub-group. PNG media_image4.png 741 843 media_image4.png Greyscale Regarding claim 11. HARRIS in view of KANG discloses the energy store according to claim 10 in the annotated figure 4C depicted above, wherein: the sub-contacting system for the respective sub-store (120) has a specific number of connection arrangements along the longitudinal axis (left to right); and the sub-contacting system for the respective sub-store has the connection arrangements of like design with a constant repetition rate along the longitudinal axis. Regarding claim 12. HARRIS in view of KANG discloses the energy store according to claim 11. HARRIS discloses in annotated figures 11B-11D depicted below, wherein: the sub-contacting system for the respective sub-store has k connection arrangements of different design; PNG media_image5.png 631 735 media_image5.png Greyscale Annotated figure 11G depicted below discloses each (k+1)th connection arrangement along the longitudinal axis is of like design; and k=3 or k=4. PNG media_image6.png 574 708 media_image6.png Greyscale Regarding claim 13. HARRIS in view of KANG discloses the energy store according to claim 1, wherein HARRIS discloses the annotated figures 12a and 12B depicted below: the sub-contacting system for the respective sub-store has first cell connectors and second cell connectors; PNG media_image7.png 1150 876 media_image7.png Greyscale each of the cell connectors is configured to connect a first contact point of a first storage cell from a first sub-group, with M storage cells, of the sub-store electrically conductively to a second contact point of a second storage cell from a second sub-group, with M storage cells, of the sub-store; [0149] the first contact point and the second contact point have different electrical polarities; and the second sub-group follows the first sub-group directly along a longitudinal axis of the energy store (top to bottom in figure). Regarding claim 13. HARRIS in view of KANG discloses the energy store according to claim 1, wherein HARRIS discloses the in annotated figure 12C depicted below: the sub-contacting system for the respective sub-store has first cell connectors and second cell connectors; each of the cell connectors is configured to connect a first contact point of a first storage cell from a first sub-group, with M storage cells, of the sub-store electrically conductively to a second contact point of a second storage cell from a second sub-group, with M storage cells, of the sub-store; [0115] the first contact point (positive163) and [0116] the second contact point (negative 153) have different electrical polarities; and the second sub-group follows the first sub-group directly along a longitudinal axis of the energy store. PNG media_image8.png 1140 813 media_image8.png Greyscale Regarding claim 16. HARRIS in view of KANG discloses the energy store according to claim 13 in the first rejection above. HARRIS further discloses the annotated figures 12a and 12B depicted above wherein: all first cell connectors of the energy store are of like design; all second cell connectors of the energy store are of like design. Regarding claim 17. HARRIS in view of KANG discloses the energy store according to claim 13 in the second rejection of claim 13 above, wherein: Annotated figure 12C depicted below shows the sub-contacting system for the respective sub-store has a plurality of connection arrangements of different design for interconnection of a corresponding plurality of different sub-groups, each with M storage cells; spatial arrangements of the M storage cells relative to one another in the different sub-groups differ from one another; PNG media_image9.png 149 589 media_image9.png Greyscale annotated figure 14A depicted below shows the connection arrangements of different design are each configured to provide an MP arrangement of the M storage cells of a respective sub-group; and PNG media_image10.png 308 616 media_image10.png Greyscale the figure above shows the connection arrangements each comprise one or more first cell connectors and one or more second cell connectors, which are electrically conductively connected to one another. Regarding claim 18. HARRIS in view of KANG discloses the energy store according to claim 1. HARRIS discloses in the annotated figure depicted above wherein: the Q/N sub-stores each have R*N-T storage cells when Q=25, N=5 R=12; 0≤T<N; and when T=0 ((R*N)-T)/M is an integer, in this case ((12*5)-1)/1=59 Regarding claim 20. HARRIS in view of KANG discloses the energy store according to claim 1. Wherein in the annotated figure depicted in the rejection of claim 1 above: the storage cells are each circular-cylindrical; the storage cells are round cells, which is synonymous with cylindrical; the storage cells are arranged in a honeycomb pattern in the R rows and the Q columns clearly depicted in the annotated figure above. Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200343516 A1, HARRIS et al. provided in the IDS dated 12/14/2022 in view of US 20110287287 A1, KANG as applied to claims 1 and 13 above, and further in view of US 20110223776 A1, FERBER also provided in the IDS dated 12/14/2022. Regarding claim 14. HARRIS in view of KANG discloses the energy store according to the second rejection of claim 13 above HARRIS in view of KANG does not disclose, wherein: the first cell connectors are each configured to connect two storage cells electrically conductively to one another and to skip one further storage cell arranged between the two storage cells; and the second cell connectors are each configured to connect two storage cells arranged directly next to one another electrically conductively to one another. FERBER [title] discloses A Modular Interconnection System where, in annotated figure 10 depicted below the first cell connectors are each configured to connect two storage cells electrically conductively to one another and to skip one further storage cell arranged between the two storage cells; and the second cell connectors are each configured to connect two storage cells arranged directly next to one another electrically conductively to one another. FERBER [0029] also discloses “the releasable modular interconnect can be utilized in environments that experience vibrations, such as, for example, being affixed to a moving vehicle or bike. Further, in some environments the releasable modular interconnect, the electrical connections, and the power cells may be subjected to thermal cycling, for example in the context of a photovoltaic energy system, which can have further effects on the quality of the components and electrical connections. Because, according to some example embodiments, the connections between the releasable contacts of the releasable modular interconnect are permitted to move slightly while maintaining an electrical connection, fatigue on the releasable contacts is reduced or eliminated, relative to a fixed, for example tack welded, connection. Fatigue can cause degradation in the quality of a fixed connection, and result in reduced power transfer efficiency.” It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the interconnecting modular connectors disclosed by FEBER in the array disclosed by HARRIS in view of KANG in order to reduce fatigue. PNG media_image11.png 824 791 media_image11.png Greyscale Regarding claim 15. HARRIS in view of KANG modified by FERBER discloses the energy store according to claim 14 in the rejection above, wherein: the annotated figure depicted below discloses the first cell connectors each have a straight form along the longitudinal axis of the energy store; and/or the second cell connectors each have an L-shape. PNG media_image12.png 246 800 media_image12.png Greyscale FERBER [0029] also discloses “the releasable modular interconnect can be utilized in environments that experience vibrations, such as, for example, being affixed to a moving vehicle or bike. Further, in some environments the releasable modular interconnect, the electrical connections, and the power cells may be subjected to thermal cycling, for example in the context of a photovoltaic energy system, which can have further effects on the quality of the components and electrical connections. Because, according to some example embodiments, the connections between the releasable contacts of the releasable modular interconnect are permitted to move slightly while maintaining an electrical connection, fatigue on the releasable contacts is reduced or eliminated, relative to a fixed, for example tack welded, connection. Fatigue can cause degradation in the quality of a fixed connection, and result in reduced power transfer efficiency.” It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the interconnecting modular connectors disclosed by FEBER in the array disclosed by HARRIS in view of KANG in order to reduce fatigue. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm. 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, 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. LAWRENCE LA RAIA III Examiner Art Unit 1727 /L.L./Examiner, Art Unit 1727 /BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Read full office action

Prosecution Timeline

Dec 14, 2022
Application Filed
Oct 10, 2025
Non-Final Rejection mailed — §103
Jan 09, 2026
Response Filed
Feb 26, 2026
Final Rejection mailed — §103
Apr 14, 2026
Response after Non-Final Action
May 08, 2026
Request for Continued Examination
May 11, 2026
Response after Non-Final Action
Sep 03, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12725824
Unit Cell Preparation Apparatus and Method
3y 11m to grant Granted Sep 01, 2026
Patent 12725860
ELECTRICITY STORAGE DEVICE AND METHOD FOR PRODUCING ELECTRICITY STORAGE DEVICE
3y 6m to grant Granted Sep 01, 2026
Patent 12706300
POSITIVE ACTIVE MATERIAL FOR RECHARGEABLE LITHIUM BATTERY, PREPARING METHOD THEREOF AND RECHARGEABLE LITHIUM BATTERY INCLUDING THE SAME
4y 6m to grant Granted Aug 11, 2026
Patent 12695159
SECONDARY BATTERY AND ASSEMBLED BATTERY
4y 6m to grant Granted Jul 28, 2026
Patent 12695087
METHOD FOR PRODUCING SILICON-BASED ACTIVE MATERIAL PARTICLES AND SILICON-BASED ACTIVE MATERIAL PRECURSOR PARTICLES
3y 11m to grant Granted Jul 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+36.2%)
3y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 36 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month