Prosecution Insights
Last updated: April 19, 2026
Application No. 18/290,981

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

Non-Final OA §102
Filed
Jan 22, 2024
Examiner
YESHAW, ESAYAS G
Art Unit
2849
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
563 granted / 648 resolved
+18.9% vs TC avg
Moderate +13% lift
Without
With
+12.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
48 currently pending
Career history
696
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
35.2%
-4.8% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 648 resolved cases

Office Action

§102
DETAILED ACTION The office action is in response to original application filed on 1-22-24. 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted filed before the mailing of a first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97(b) (3). Accordingly, the information disclosure statement is being considered by the examiner. Priority Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. 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 layer (30), wherein the battery cell layer and the supporting 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 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 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 disclose the supporting 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 disclose each degassing opening is assigned (see Fig. 2) precisely one degassing space (50). Regarding claim 19, TOYOTA disclose each degassing space (50) is configured as a blind hole or a through hole (through hole 22a) in the supporting layer (30). Regarding claim 21, TOYOTA disclose 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 disclose 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 disclose 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 disclose the degassing channel for the flow connection is configured by way of at least one groove in the supporting layer ([0031], supporting layer 30 has a bottom lid 32). Regarding claim 25, TOYOTA disclose the degassing channel for the flow connection is configured on a side (bottom side) of the supporting 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 disclose the degassing channel for the flow connection is configured on a side of the supporting 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 disclose 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. Conclusion 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 /RYAN JOHNSON/Primary Examiner, Art Unit 2849
Read full office action

Prosecution Timeline

Jan 22, 2024
Application Filed
Mar 23, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+12.6%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 648 resolved cases by this examiner. Grant probability derived from career allow rate.

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