Prosecution Insights
Last updated: July 17, 2026
Application No. 18/380,731

CELL MODULE WITH RECHARGEABLE CELLS

Non-Final OA §102§103§112
Filed
Oct 17, 2023
Priority
Oct 25, 2022 — AT A50822/2022
Examiner
WILKERSON, JORDAN PATRICK
Art Unit
4100
Tech Center
4100
Assignee
Miba Battery Systems GmbH
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
9 currently pending
Career history
1
Total Applications
across all art units

Statute-Specific Performance

§103
100.0%
+60.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 0 resolved cases

Office Action

§102 §103 §112
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 . Specification The disclosure is objected to because of the following informalities: The Specification says, “According to a further embodiment of the cell holder 1…” in the last paragraph of page 15. This is a mismatch between the stated structure and the numerical reference. Cell holder is otherwise referred to as 20, and cell module is referred to as 1. Appropriate correction is required. Please revise such that the stated structure is consistent with the numerical reference. Claim Objections Claim 3 is objected to because of the following informalities: The claim says, “… according Claim 1…”. Appropriate correction is required. Please correct to “According to Claim 1…”. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 11-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 11, the claim recites “temperature control element, in particular a liquid cooler…”. It is unclear whether ‘a liquid cooler’ is a further limitation in the claim. See MPEP 2173.05(d): Description of examples or preferences is properly set forth in the specification rather than the claims. If stated in the claims, examples and preferences may lead to confusion over the intended scope of a claim. Examiner will interpret the Claim 11 as “…, wherein a temperature control element (29) is arranged between the cells (2) of the first and second cell modules (1).” Regarding Claims 12-15, they are method claims but do not set forth any steps involved in the method of making said inventions. See MPEP 2173.05(q): Attempts to claim a process without setting forth any steps involved in the process generally raises an issue of indefiniteness under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The examiner will interpret Claims 12-15 to mean any method by which said products could be made. Claim Rejections - 35 USC § 102 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, 5-8, and 12-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (CN 113937404 A, see machine translation), hereafter referred to simply as Yang. Regarding Claim 1, Yang teaches a cell module (“a cylindrical battery module, comprising:”, Paragraph 5) with a plurality of rechargeable cells for storing electrical current (“a cell assembly disposed within the mounting cavity, the cell assembly including multiple sets of cylindrical cells”, Paragraph 5, 20 and 100 in Figure 1), each cell having a positive pole (“positive terminal,” Paragraph 11, 21 in Fig. 4) and a negative pole (“negative terminal,” Paragraph 11, 22 in Fig. 4), and having a connecting structure (“the busbar includes:,” Paragraph 11, 92 in Figs. 1-4; “a busbar body,” Paragraph 11, 11 in Fig. 4; “comprising a first row and second row,” Paragraph 11, 111 and 112 in Fig. 4), which has at least one first connecting element for connecting a plurality of positive poles in an electrically conductive manner (“the first row being electrically connected to the positive terminal,” Paragraph 11) and at least one second connecting element for connecting a plurality of negative poles in an electrically conductive manner (“the second row being electrically connected to the negative terminal,” Paragraph 11), wherein the first connecting element and the second connecting element are arranged on the same side of the cells connected thereto (“the busbar 92 is welded to the positive and negative terminals on the positive side of the cell assembly 100 to electrically connect multiple sets of cylindrical cells,” Paragraph 50). Fig. 4 shows the connecting structure, particularly its corresponding first and second connecting elements, connecting to the positive and negative terminals on the same side. Fig. 3 shows this same-side connection across a plurality of positive poles and a plurality of negative poles. Regarding Claim 2, Yang further teaches that the first and the second connecting elements are configured together as one piece (“a busbar body,” Paragraph 11, 11 in Fig. 4; “comprising a first row and second row,” Paragraph 11, 111 and 112 in Fig. 4). Fig. 4 shows the first and second connecting elements configured together as one piece. Regarding Claim 5, Yang further teaches the first and the second connecting elements are arranged on a frame element (“the busbar 92 is connected to the upper bracket 93,” Paragraph 46, 92 and 93 in Figs. 1-3). Regarding Claim 6, Yang further teaches that the frame element has support surfaces for the first and the second connecting elements (93 in Fig. 1). Fig. 1 shows the upper bracket 93 is placed under the busbar 92. The busbar includes the plurality of first and second connecting elements for the cell module, as stated above. Fig. 1 shows that the upper bracket is a frame element that includes support surfaces across the entire plurality of cells to support the connecting elements, as further shown in Fig. 3. (The busbar 92 disclosed in Yang arguably also fits the definition of a frame element, as the plurality of busbar bodies are directly imbedded within a frame-like structure as a single unit.) Regarding Claim 7, Yang further teaches that the frame element is part of a cell holder (“the lower bracket 80 and the upper bracket 93 surround each other to form a mounting cavity for installing the battery cell assembly 100, so as to protect the battery cell assembly,” Paragraph 101, 93 and 80 in Figs. 1,2, 5, and 17), in which the cells are at least partially arranged (“The lower bracket 80 has a first recess 82, and multiple first recesses 82 are provided one-to-one with multiple sub-cylindrical cells 20. Each first recess 82 is used to install its corresponding sub-cylindrical cell 20,” Paragraph 55, Fig. 15). Additionally, Yang teaches “the side plate body 203 and the upper bracket 93 are then bonded together to complete the assembly of the upper bracket 93 and the side plate 200,” Paragraph 169, 200 and 93 in Fig. 5. Regarding Claim 8, Yang further teaches at least 95% of the end faces of the cells are covered by the frame element and the first and second connecting elements in a plan view of the positive poles and the negative poles. Fig. 5 shows the upper bracket 93 to be placed under the busbar 92. Specifically, Yang discloses that “the upper bracket 93 has a second mounting recess 933” and that “the other end of each sub-cylindrical cell 20 extends into the second mounting recess 933 and is limited and engaged with the second mounting recess 933,” Paragraph 86. The busbar 92 in Yang includes the plurality of first and second connecting elements for the cell module, as stated above. Yang also teaches an “insulation structure 800 covers the side of the CCS module 90 away from the cell module,” Paragraph 103, Fig. 5. Finally, Yang teaches an “insulation structure 800 is riveted, welded, or connected to the CCS assembly 90 by fasteners,” Paragraph 104, thus rendering the CCS assembly, which includes the busbar (and the first and second connecting elements) and upper bracket, and the insulation structure as a single frame element structure. Fig. 5 shows that this frame element structure covers at least 95% of the end faces of the cells in a plan view. Regarding Claim 12, Yang teaches a method for producing a cell module (“a cylindrical battery module, comprising:”, Paragraph 5) with a plurality of rechargeable cells for storing electrical current (“a cell assembly disposed within the mounting cavity, the cell assembly including multiple sets of cylindrical cells”, Paragraph 5, 20 and 100 in Figure 1), each cell having a positive pole (“positive terminal,” Paragraph 11, 21 in Fig. 4) and a negative pole (“negative terminal,” Paragraph 11, 22 in Fig. 4), and having a connecting structure (“the busbar includes:,” Paragraph 11, 92 in Figs. 1-4; “a busbar body,” Paragraph 11, 11 in Fig. 4; “comprising a first row and second row,” Paragraph 11, 111 and 112 in Fig. 4), which has at least one first connecting element for connecting a plurality of positive poles in an electrically conductive manner (“the first row being electrically connected to the positive terminal,” Paragraph 11) and at least one second connecting element for connecting a plurality of negative poles in an electrically conductive manner (“the second row being electrically connected to the negative terminal,” Paragraph 11), wherein the first connecting element and the second connecting element are arranged on the same side of the cells connected thereto (“the busbar 92 is welded to the positive and negative terminals on the positive side of the cell assembly 100 to electrically connect multiple sets of cylindrical cells,” Paragraph 50). Fig. 4 shows the connecting structure, particularly its corresponding first and second connecting elements, connecting to the positive and negative terminals on the same side. Fig. 3 shows this same-side connection across a plurality of positive poles and a plurality of negative poles. Note that these disclosures frequently include method steps, e.g., welding the busbar to the positive and negative terminals. Yang also discloses an overarching assembly process, “the cylindrical battery module integrates CCS components, cell components, and thermal conductive structures, which can effectively simplify the assembly process and reduce processing costs,” Paragraph 17. Furthermore, Figure 1 shows the relevant components in the invention separately and indicates how they would be assembled to form the cell module. Regarding Claim 13, Yang further teaches the method according to Claim 12 wherein the first and second connecting elements are configured as one piece (“multiple busbar bodies are provided, and the multiple busbar bodies are spaced apart along a second preset direction; multiple connecting portions are provided, each connecting portion being used to connect two adjacent busbar bodies,” Paragraph 11). In particular, part of Yang’s assembly process includes using connecting portions to connect multiple busbars, thereby configuring a plurality of busbars, first and second connecting elements included, as one piece. Again, Figure 1 shows the relevant components in the invention separately, including the first and second elements configured as one piece (busbar 92), and indicates how they would be assembled to form the cell module. Regarding Claim 14, Yang further teaches the method according to Claim 12, wherein the first and second connecting elements are arranged on a frame element (“the busbar 92 is connected to the upper bracket 93,” Paragraph 46, 92 and 93 in Figures 1-3). Regarding Claim 15, Yang further teaches the method according to Claim 14, wherein the frame element is configured as part of a cell holder (“the upper bracket 93 has a second mounting recess 933” and that “the other end of each sub-cylindrical cell 20 extends into the second mounting recess 933 and is limited and engaged with the second mounting recess 933,” Paragraph 86), wherein the cell holder equipped with the connecting elements (“the busbar 92 is connected to the upper bracket 93,” Paragraph 46, 92 and 93 in Figures 1-3; “the side plate body 203 and the upper bracket 93 are then bonded together to complete the assembly of the upper bracket 93 and the side plate 200,” Paragraph 169, 200 and 93 in Fig. 5.) is pushed onto the cells (“CCS assembly 90 (cell contacting system) is installed on the positive electrode side of the cell assembly 100,” Paragraph 47; “CCS assembly 90 includes an FPC board 91, a busbar 92, and an upper bracket 93,” Paragraph 46) and wherein the first connecting element is subsequently connected to the positive poles in an electrically conductive manner and the second connecting element is connected to the negative poles of a plurality of rechargeable cells in an electrically conductive manner (“the busbar 92 is welded to the positive and negative terminals on the positive side of the cell assembly 100 to electrically connect multiple sets of cylindrical cells,” Paragraph 50). Claims 1, 3, and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paul et al. (WO2022043488 A1), hereafter referred to simply as Paul. Regarding Claim 1, Paul teaches a cell module with a plurality of rechargeable cells (“a battery module comprising a plurality of cylindrical cells,” Description page 1, lines 21-22) having a positive pole and a negative pole (“each of the cells comprising a first end surface, a second end surface and a cylindrical surface between the first and second end surfaces, a first terminal and a second terminal,” Description page 1, lines 22-23; “first terminals may comprise positive terminals and the second terminals may comprise negative terminals,” Description page 4, line 35) which has at least one first connecting element for connecting a plurality of positive poles in an electrically conductive manner (“Busbar assembly 304 further comprises a positive collection plate 314 arranged to be electrically connected to the positive terminals of all of the cells within the group of cells 200,” Description page 9, lines 4-5) and at least one second connecting element for connecting a plurality of negative poles in an electrically conductive manner (“Busbar assembly 304 comprises a negative collection plate 308 arranged to be electrically connected to the negative terminals of all of the cells within the group of cells 200,” Description page 8, lines 38-39), wherein the first connecting element and the second connecting element are arranged on the same side of the cells and connected thereto (“a single-sided busbar assembly 304 is provided adjacent to the first ends of the cells within the group of cells 200,” Description page 8, lines 35-36, 304 in Fig. 3). Regarding Claim 3, Paul further teaches that the positive poles of the cells are connected to the first connecting element in a first plane and the negative poles are connected to the second connecting element in a different second plane (“the first terminal collection plate is located in a first plane, and the second terminal collection plate is located in a second plane, the second plane being offset from the first plane in a direction normal to the first plane,” Description page 3, lines 34-35, 308 and 314 in Fig. 4B). Regarding Claim 4, Paul further teaches that the first connecting element has contact portions (“positive tabs 312T”), in which the positive poles are connected to the first connecting element in an electrically conductive manner, and intermediate portions (“portions of the metallic sheet 312”) , which connect the contact portions to one another, the intermediate portions being arranged in a different plane than the contact portions (“the positive tabs 312T extend outwardly and downwardly from the portions of the metallic sheet 312 that are welded to the positive collection plate 314,” Description page 9, lines 21-22, Fig. 3). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Reingruber et al. (AT 521526 A1, as found in IDS dated 10/17/2023 and using machine translation for citation purposes), hereafter referred to simply as Reingruber. Regarding Claim 9, Yang teaches the cell module discussed above in Claim 1. Yang fails to teach a cell pack comprising at least two of such cell modules discussed in Claim 1. However, Reingruber teaches a cell pack comprised of at least two cell modules (“battery modules are attached to both surfaces of the structural component, each with its lower busbar oriented towards the common structural component, wherein all battery cells of the contained battery modules have only one type of pole facing the structural component,” Paragraph 42; Figure 12, where the sets of cell modules, 2 and 3, are connected on both sides of the structural component 10). Reingruber teaches as motivation that “by having battery modules on both sides of the structural component, a very compact battery is created,” Paragraph 42. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take at least two cell modules taught in Yang and combine them to form a cell pack, with the benefit being a highly compact cell pack. Regarding Claim 10, Reingruber further teaches that orienting the cell pack so that connecting elements of the first cell module and the connecting elements of the second cell module are arranged between the cells of the first and second module. Reingruber then discloses, “the modules 2 of the inventive battery 1 can be attached not only on one side to the structural component 10 or the heat-conducting plate 11, but also on both sides,” Paragraph 153, Figure 12. Connecting elements 5 for each module are shown in Fig. 1 between the first and second module. Again, Reingruber’s motivation is “by having battery modules on both sides of the structural component, a very compact battery is created,” Paragraph 42. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take at least two cell modules taught in Yang and orient them in the layout taught by Reingruber, which would lead to the first and second connecting elements of both modules being arranged between the cells of the first and second modules, with the benefit being a more compact battery layout. Regarding Claim 11, Reingruber further teaches the cell pack according to Claim 10, wherein a temperature control element (“the heat-conducting plate 11 preferably has active heating/cooling media 12 in the form of liquid lines 13 in the heat-conducting plate 11,” Paragraph 84; 11, 12, and 13 in Fig. 1) is arranged between the cells of the first and second cell modules (the modules 2 of the inventive battery 1 can be attached not only on one side to the structural component 10 or the heat-conducting plate 11, but also on both sides,” Paragraph 153; 11 in Figs. 1 and 12). Reingruber discloses the motivation of placing a temperature control element between modules in this orientation, noting that “In this case, integrated, active cooling of the structural component 10 is required. A heat-conducting plate 11 with a moving heat-conducting medium is particularly advantageous because it has no free area to dissipate heat in any other way,” Paragraph 154. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take at least two cell modules taught in Yang and orient them in the layout taught by Reingruber to include a temperature control element in between the modules, due to the established need for integrated, active cooling of the modules when in this configuration. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN WILKERSON whose telephone number is (571)270-1891. The examiner can normally be reached Monday-Friday 8:00am-5:00pm. 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, Veronica Ewald can be reached at (571) 272-8519. 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. /JORDAN WILKERSON/Examiner, Art Unit 1783 /MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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Prosecution Timeline

Oct 17, 2023
Application Filed
May 09, 2024
Response after Non-Final Action
Jun 09, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
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