Prosecution Insights
Last updated: July 17, 2026
Application No. 18/275,441

MODULAR BATTERY STORAGE SYSTEM WITH RECHARGEABLE ENERGY STORAGE MODULES, AND METHOD FOR OPERATING THE BATTERY STORAGE SYSTEM

Non-Final OA §103
Filed
Aug 02, 2023
Priority
Feb 04, 2021 — EU 21155140.3 +1 more
Examiner
BERHANU, SAMUEL
Art Unit
Tech Center
Assignee
VARTA Microbattery GmbH
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
776 granted / 1060 resolved
+13.2% vs TC avg
Moderate +14% lift
Without
With
+14.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
36 currently pending
Career history
1084
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
87.3%
+47.3% vs TC avg
§102
4.2%
-35.8% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1060 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 Objections Claims 1-11 objected to because of the following informalities: Regarding claim 1, the phrase "can be" renders the claim unclear. It is unclear whether the limitations following the phrase are part of the claimed invention. Appropriate correction is required. Claim 3 recites “the discharge direction” in line 5 .There is insufficient antecedent basis for this imitation in the claim. It should be written as “ a discharge direction. Appropriate correction is required. Claim 4 recites “the discharge direction” in line 5 .There is insufficient antecedent basis for this imitation in the claim. It should be written as “ a discharge direction’. Appropriate correction is required. Regarding claim 9, the phrase "can be" renders the claim unclear. It is unclear whether the limitations following the phrase are part of the claimed invention. Appropriate correction is required. 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 1-2 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack et al. (US 2013/0285456), hereinafter Feuerstack, in view of Gale et al. (US 2013/0187600 A1), hereinafter Gale. As to claim 1. Feuerstack discloses in figure 1, a modular battery storage system an array of n rechargeable energy storage modules [4-11, 4-21 batteries, see ¶0025], each respective rechargeable energy storage module of the rechargeable energy storage modules comprising at least one, rechargeable energy storage elements [each has one energy storage elements and 5-11, 5-21 and 5-31; see figure 1 and also ¶0025], respective energy storage module being assigned a respective switch [switching elements 7-311; see ¶0025] via which the respective energy storage module can be activated and deactivated [see ¶0025], wherein the n rechargeable energy storage modules are configured to be interconnected via the switches, such that a total voltage UTotal provided by the array of n rechargeable energy storage modules is a sum of respective individual voltages Usingle of activated energy storage modules [it is implicit that the total battery voltage outputted by the storage unit (2) is based on the number of storage elements/batteries electrically connected; ¶0025-0027], controller [since the switches are controlled it is implicit that a controller is disclosed] configured to control the switches ;and a modulator [modulator signal is disclosed ¶004 and ¶0046], connected to the n rechargeable energy storage and configured to modulate the total voltage Ural, the modulator comprising a pulse width modulation switch [switch circuits are part of pulse width modulation]. Feuerstack does not disclose explicitly, a housing that encloses the pulse width modulation switch and that is adapted to shield electronic components outside the housing from electromagnetic interference radiation emanating from the pulse width modulation switch. Glae discloses in figures 1-2, a housing [figure 1, element 12 and see ¶0016] that encloses the pulse width modulation switch [PWM (116)] and that is adapted to shield electronic components outside the housing from electromagnetic interference radiation emanating from the pulse width modulation switch [noted that the housing element (12) is provided and the housing is can utilizes to shield electromagnetic interference; ¶0016]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention to use housing element for Feuerstack’s PWM device as taught by Glae in order to protect power interference. It is also noted that all the claimed elements of applicant’s inventions were known in the prior art (e.g. energy storage element, controller, switches , housing, and etc.,) and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention, proper motivation/rationale to combine is as given in the office action. See KSR, 127 S. Ct. at 1740, 82 USPQ2d at 1396. As to claim 2, Feuerstack discloses in figure 1, wherein the pulse width modulation switch comprises at least one of: a plurality of semiconductor switches [see ¶0025], H-bridge circuit with four semiconductor switches, and/or an H-bridge circuit with four semiconductor switches and the H-bridge circuit comprises two line branches, each with two semiconductor switches connected via a capacitor. As to claim 7, Feuerstack discloses in figure 1, wherein: the switches [7-311-7-314] are not set up for pulse width modulation, and/or the n energy storage modules have no or only one passive cooling device, or the n energy storage modules have no or only one passive cooling device associated with them [no cooling device disclosed] As to claim 8, Feuerstack discloses in figure 1, further comprising signal lines [branch lines 6-11-631] configured to control the switches assigned to the n energy storage modules. As to claim 9, Feuerstack discloses in figure 1, wherein the controller is configured such that at least two of the energy storage modules [storage modules (5-21)] can be activated, via respective assigned switches, over activation periods overlapping in time but of different lengths; in order to generate a time-varying total voltage UsubTtoal [see ¶0027]. As to claim 10, Feuerstack discloses in figure 1, wherein the controller is configured to control the pulse width modulation switch in the modulator [PWM modulator is controlled by and its implicit that it has controller; see figure 5 and ¶0046-0047]. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack et al. (US 2013/0285456), hereinafter Feuerstack, in view of Gale et al. (US 2013/0187600 A1), hereinafter Gale, and in view of Kominami et al. (US 2014/0253017), hereinafter Kominami. As to claim 3, neither Feuerstack nor Gale discloses, wherein the modulator comprises a filter choke, and wherein at the filter choke is connected downstream of the pulse width modulation switch in the discharge direction and/or the housing encloses the filter choke. Kominami discloses in figure 1, wherein the modulator comprises a filter choke [element (501)] , and wherein at the filter choke is connected downstream of the pulse width modulation switch in the discharge direction and/or the housing encloses the filter choke [see ¶0052-0053[. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention to use filter choke in Feuerstack’s apparatus as taught by Kominami in order to block high frequency alternating current. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack, and in view of Gale, and in view of Mori et al. (US 2013/0082663), hereinafter Mori. As to claim 4, neither Feuerstack nor Gale discloses, wherein the modulator comprises at least one of: a low-pass filter connected upstream of the pulse width modulation switch in the discharge direction, a low-pass filter connected downstream of the pulse width modulation switch in the discharge direction, and/or a low-pass filter upstream or downstream of the pulse width modulation switch in the discharge direction, and wherein the housing also encloses the low-pass filter. Mori discloses in figure 1, wherein the modulator comprises at least one of: a low-pass filter [figure 3, element 107] connected upstream of the pulse width modulation switch [element 106] in the discharge direction [see ¶0051], a low-pass filter connected downstream of the pulse width modulation switch in the discharge direction, and/or a low-pass filter upstream or downstream of the pulse width modulation switch in the discharge. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention to use low pass filter in Feuerstack’s apparatus as taught by Mori in order to ensure effective and safe discharge and charging of the battery. . Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack in view of Gale, and in view of Hamaguchi et al. (US 2011/0291622), hereinafter Hamaguchi. As to claim 5, neither Feuerstack nor discloses, wherein the housing comprises metal and/or a metallized plastic. Hamaguchi discloses in figure , wherein the housing comprises metal and/or a metallized plastic [metal housing is disclosed; see ¶0060]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use metallic housing in Feuerstack’s apparatus as taught by Hamaguchi in order to protect the battery and its electrical circuits from adverse weather. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack in view of Gale, and in view of Sato et al. (US 2011/0299307), hereinafter . As to claim 6, neither Feuerstack nor Gale discloses, wherein the modulator comprises a cooling device or a cooling device is assigned to the modulator. Sato discloses in figure 4, wherein the modulator comprises a cooling device or a cooling device is assigned to the modulator [see Abstract and ¶0011]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use cooling device in Feuerstack’s apparatus as taught by Sato in order to avoid circuit damage due to overheating. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack in view of Gale, and in view of Sengupta et al. (US 5,541,490), hereinafter Sengupta. As to claim 11, neither Feuerstack nor Gale discloses wherein the controller is a signal processor or a microcontroller. Sengupta discloses in figure 2, wherein the controller [element 62] is a signal processor or a microcontroller [microcontroller to control the circuit elements such as PWM disclosed and also see Abstract]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use microcontroller in Feuerstack’s apparatus as taught by Sengupta in order to have small. fast and effective controller device. . Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack in view of Gale, and in view of Suzuki et al. (US 2023/0087529), hereinafter Suzuki. Regarding Claim 12, Feuerstack and Gale disclose the claim inventionas claim 1 above, (see rejection above, 35 USC § 103), further Feuerstack discloses the method comprising: successively activating and deactivating the n energy storage modules to generate a staircase voltage [see figures 4 and 5], and feeding the staircase voltage into the modulator and—converting the staircase voltage into a smoothed sinusoidal voltage via pulse width modulation [see figures 4 and 5]. Feuerstack and Gale does not disclose explicitly, at least one filtering process. Suzuki discloses in figure 11, at least one filtering process [filtering process through elements L and C; and provides power to the grid power; see ¶0002 and ¶0121]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to use filter circuit in Feuerstack’s apparatus as taught by Suzuki in order to reduce noise signals. As to claim 13, Suzuki discloses in figure 11, The method of claim 12, further comprising feeding the smoothed sinusoidal voltage into an AC power grid [see ¶0121]. As to Claims 12-13 the method merely recites the steps of using the elements of the device as disclosed above. Thus, the method steps will be met during the normal operation of the apparatus described above. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack in view of Gale, and in view of Lin (US 2007/0139011). As to claim 14, neither Feuerstack nor Gale discloses, wherein the n rechargeable energy storage modules of the modular battery storage system are driven at a frequency between 50 and 500 Hz. Lin discloses in figures 1-23, wherein the n rechargeable energy storage modules of the modular battery storage system are driven at a frequency between 50 and 500 Hz [the pulse frequency is between 100 Hz to 120 Hz; see ¶0042 and ¶0056]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to modify Feuerstack’s pulse frequency to be between 100 Hz to 120 Hz as taught by Lin in order to avoid battery damage. Further, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to choose appropriate pulse frequency in order to avoid battery damage due to overcharge or overdischarge, utilize a capacitor with appropriate size in order to store and discharge desirable energy, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Feuerstack in view of Gale, and in view of Flett et al. (US 2015/0381074), hereinafter Flett. As to claim 15, neither Feuerstack nor Gale discloses, wherein the n rechargeable energy storage modules of the modular battery storage system are driven at a frequency between 50 and 500 Hz. Flett discloses in figure 6. wherein the pulse width modulation switch of the modulator is driven at a high frequency in a range of 1 kHz to 1 Mhz [30kHz , 60kHz, 25kHz and 50kHz; see also see ¶008]. It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to modify Feuerstack’s pulse frequency to be between 30KHz to 50kHz as taught by Flett in order to avoid battery damage. Further, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to choose appropriate pulse frequency in order to avoid battery damage due to overcharge or overdischarge, utilize a capacitor with appropriate size in order to store and discharge desirable energy, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL BERHANU whose telephone number is (571)272-8430. The examiner can normally be reached M_F. 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 A. Huffman can be reached at Julian.Huffman@uspto.gov. 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. /SAMUEL BERHANU/Primary Examiner, Art Unit 2859
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Prosecution Timeline

Aug 02, 2023
Application Filed
Jun 03, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
88%
With Interview (+14.3%)
3y 0m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1060 resolved cases by this examiner. Grant probability derived from career allowance rate.

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