Prosecution Insights
Last updated: October 27, 2026
Application No. 18/290,981

Drive Battery for a Motor Vehicle and Motor Vehicle Having a Drive Battery of This Kind

Final Rejection §102
Filed
Jan 22, 2024
Priority
Jul 23, 2021 — DE 10 2021 119 194.7 +1 more
Examiner
YESHAW, ESAYAS G
Art Unit
2849
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
2 (Final)
87%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
601 granted / 692 resolved
+18.8% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
10 currently pending
Career history
714
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
54.6%
+14.6% vs TC avg
§102
33.1%
-6.9% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 692 resolved cases

Office Action

§102
DETAILED ACTION The office action is in response to application filed on 6-25-26. Claims 16-33 are pending in the application and have been examined. 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 Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 16-19, 21-26 and 31-33 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by JP 2016-178063 A (B2) by TOYOTA MOTOR CORP. Regarding claim 16, TOYOTA disclose traction battery (10) for a motor vehicle (100; Figs.1-6), comprising: a traction battery housing (11) having a top wall (top of 11) and a bottom wall (11a), the bottom wall at least partially configuring an undertray of the motor vehicle (shown in Fig.1, where the bottom wall forms the undertray of the motor vehicle); a battery cell layer (21), with a multiplicity of battery cells which are arranged vertically and next to one another (shown in Figs.5 and 6); a supporting spacer layer (30), wherein the battery cell layer and the supporting spacer layer are arranged in the traction battery housing (see Figs.5 and 6); at least one degassing opening (within 22) configured in each battery cell in a side thereof (bottom side) which faces the supporting spacer layer (faces 30: “The negative electrode 21b of the cylindrical battery 21 has a structure in which when the gas is generated inside the cylindrical battery 21, the end face is opened by the internal pressure so that the gas can be released to the outside. For this reason, the gas released from the negative electrode 21 b of the cylindrical battery 21 flows into the second chamber 50 formed below the heat dissipation plate 22”); and a degassing space (50) in the supporting spacer layer lying opposite each degassing opening (within 30, opposite the openings in 22). PNG media_image1.png 890 725 media_image1.png Greyscale PNG media_image2.png 691 834 media_image2.png Greyscale Regarding claim 17, TOYOTA discloses the supporting spacer layer is adhesively bonded to the bottom wall and is adhesively bonded to the battery cell layer ([0025]), and the battery cell layer is adhesively bonded to the top wall (see Figs.5 and 6). Regarding claim 18, TOYOTA discloses each degassing opening is assigned (see Fig. 2) precisely one degassing space (50). Regarding claim 19, TOYOTA discloses each degassing space (50) is configured as a blind hole or a through hole (through hole 22a) in the supporting spacer layer (30). Regarding claim 21, TOYOTA discloses each degassing space is connected in terms of flow, via a degassing channel ([0034], gas that has flowed into the second chamber 50 flows through the second chamber 50 to both ends of the battery module 20) at least to a further adjacent degassing space (see Fig. 2). Regarding claim 22, TOYOTA discloses a degassing space (50) is connected in terms of flow, via corresponding degassing channels, at least to two adjacent degassing spaces (see Fig. 2). Regarding claim 23, TOYOTA discloses a degassing space (50) is connected in terms of flow, via corresponding degassing channels, at least to four adjacent degassing spaces (see Fig. 2). Regarding claim 24, TOYOTA discloses the degassing channel for the flow connection is configured by way of at least one groove in the supporting spacer layer ([0031], supporting layer 30 has a bottom lid 32). Regarding claim 25, TOYOTA discloses the degassing channel for the flow connection is configured on a side (bottom side) of the supporting spacer layer, (a layer of a second chamber 50 formed of a negative electrode bus bar assembly 30) which faces the battery cell layer (cylindrical batteries 21). Regarding claim 26, TOYOTA discloses the degassing channel for the flow connection is configured on a side of the supporting spacer layer which faces the bottom wall ([0034], gas that has flowed into the second chamber 50 flows through the second chamber 50 to both ends of the battery module 20). Regarding claim 31, As the element is a solid busbar, it would impart rigidity and strength in comparison to a lack of bus bar, e.g. connecting wires. Regarding claim 32, As the element is a solid busbar, it would dissipate collision energy in comparison to not having such a busbar. Regarding claim 33, TOYOTA discloses motor vehicle comprising a traction battery (10). Allowable Subject Matter Claims 20 and 27-30 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for the indication of allowable subject matter: Claim 20 indicated as containing allowable subject matter because prior art fails to teach or suggest, either alone or in combination all of the limitations of claim 20, especially wherein a diameter of a degassing space is less than a diameter of a battery cell. Claim 27 indicated as containing allowable subject matter because prior art fails to teach or suggest, either alone or in combination all of the limitations of claim 27, especially wherein the supporting layer is of a structural foam. Claim 29 indicated as containing allowable subject matter because prior art fails to teach or suggest, either alone or in combination all of the limitations of claim 29, especially wherein the supporting layer is an injection molded plastic part or an extruded plastic part. Claim 30 indicated as containing allowable subject matter because prior art fails to teach or suggest, either alone or in combination all of the limitations of claim 30, especially wherein the supporting layer is configured in one piece at least in a vertical direction, and a plurality of separately configured, single-piece supporting layer elements are arranged over an entire surface area of the battery cell layer so as to adjoin one another. Response to Arguments Applicants’ argument filed on 6-25-26 with respect to claims 16-33 has been fully considered but are not persuasive. The applicant stated that “Toyota fails to anticipate claim 16 at least for not disclosing "a supporting spacer layer," and "a degassing space in the supporting spacer layer lying opposite each degassing opening configured in each battery cell in a side thereof which faces the supporting spacer layer" the electrode bus bar assembly (30) is not a "supporting" layer for the battery cell layer, nor does it provide any spacer function, i.e., that is it is not a "supporting spacer layer" as claimed”. The examiner respectfully disagrees; as rejected above please (See Toyota; [0020-035] and Toyota shown in Figs. 5 and 6); a supporting spacer layer (30), wherein the battery cell layer and the supporting layer are arranged in the traction battery housing (see Figs. 5 and 6). Assembly 30 is attached to the lower side of the full cover of the lower surface of 22 and arranging multiple negative electrode busbars 30a. At the bottom of 30 which is “the supporting spacer layer” (As shown in Figures 4 and 5) a bottom cover 32 is attached to the lower “the supporting spacer layer” 30. (Toyota is shown in Figs. 5 and 6) multiple cylindrical batteries 21, which assembled at the top of layer 30 and all the batteries are spaced apart at the top of layer 30. Therefore, when the layer 30 and bottom cover 32 are attached to the heat sink plate 22, a flow path is formed that connects the second chamber 50 and the opening 22d of the end face of the heat sink plate 22. The gas flowing into the second chamber 50 flows through the second chamber 50 to both ends of the battery module 20. Conclusion THIS ACTION IS MADE FINAL. 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 ESAYAS G YESHAW whose telephone number is (571)270-1959. The examiner can normally be reached Mon-Sat 9AM-7PM. 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, Menna Youssef can be reached at 5712703684. 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. /ESAYAS G YESHAW/Examiner, Art Unit 2849 /Menatoallah Youssef/SPE, Art Unit 2836
Read full office action

Prosecution Timeline

Jan 22, 2024
Application Filed
Mar 25, 2026
Non-Final Rejection mailed — §102
Jun 25, 2026
Response Filed
Sep 30, 2026
Final Rejection mailed — §102 (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
87%
Grant Probability
98%
With Interview (+11.4%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 692 resolved cases by this examiner. Grant probability derived from career allowance rate.

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