Prosecution Insights
Last updated: July 17, 2026
Application No. 18/477,029

ENERGY STORAGE SYSTEM, METHOD FOR CONTROLLING ENERGY STORAGE SYSTEM, AND PHOTOVOLTAIC POWER GENERATION SYSTEM

Non-Final OA §102§103
Filed
Sep 28, 2023
Priority
Apr 09, 2021 — continuation of PCTCN2021086070
Examiner
HENZE, DAVID V
Art Unit
Tech Center
Assignee
Huawei Technologies Co., Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
503 granted / 714 resolved
+10.4% vs TC avg
Strong +24% interview lift
Without
With
+23.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
51 currently pending
Career history
756
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
86.0%
+46.0% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
7.8%
-32.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 714 resolved cases

Office Action

§102 §103
DETAILED ACTION 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 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 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. Claims 1, 5, 12-14 and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mergener et al. US PGPUB 2017/0346334. Regarding claim 1, Mergener discloses an energy storage system [fig. 1], comprising: a battery cluster comprising at least two energy storage modules connected in series [fig. 1; battery cluster 30a-3n], wherein each energy storage module of the at least two energy storage modules comprises one bypass circuit and one respective battery pack associated with the one bypass circuit [fig. 1; each storage module 18a comprises the battery pack and bypass switch 66], and each battery pack comprises a plurality of batteries [fig. 1; packs 18; par. 50] a power conversion circuit comprising a first terminal connected to an output end of the battery cluster, and a second terminal connected to an output end of the energy storage system [fig. 1; boost converter 54 connected to battery system output 10 and to the output of the storage system 50; pars. 35-37]; and a controller configured to balance electricity quantities of each energy storage module by controlling the one bypass circuit based on a first parameter value of its one respective battery pack for each energy storage module of the at least two energy storage modules [par. 38 & 41-43; the controller 58 can control the bypass portions to bypass one battery pack that has reached a discharge threshold (first parameter value) and continue to discharge the other ones (thus balancing them)]. Regarding claim 5, Mergener discloses wherein the power conversion circuit comprises a direct current/direct current conversion circuit configured to perform direct current conversion on input direct current provided to an input of the direct current/direct current conversion circuit [fig. 4; pars. 61-62; the device can further have a balancing circuit with a DC/DC converter circuit]. Regarding claim 12, Mergener discloses wherein: the controller comprises a first controller and at least two second controllers [fig. 1; 58 is a first controller; fig. 2, each pack has a second controller 62] the second controllers are connected to battery packs in a one-to-one correspondence [figs 1 & 2]; the second controller is configured to: obtain a first parameter value of its corresponding battery pack and send the first parameter value to the first controller [par. 38-41; 62 determines conditions like SOC and passes information to 58, whereas 58 issues instructs regarding bypassing, that are executed by 62 (fig. 2, 62 with dashed lines to the bypass switch]; and the first controller is configured to: in response to the battery cluster being charged, determine the battery pack whose first parameter value is greater than or equal to a first preset parameter value as a to-be-bypassed battery pack; or in response to the battery cluster being discharged, determine the battery pack whose first parameter value is less than or equal to a second preset parameter value as a to-be-bypassed battery pack and send a control instruction to the second controller, wherein the control instruction is configured to instruct the corresponding second controller to control the bypass circuit to bypass the to-be-bypassed battery pack [par. 38 & 41-43; the controller 58 can control the bypass portions to bypass one battery pack that has reached a discharge threshold (first parameter value) and continue to discharge the other ones (thus balancing them); 58 issues instructs regarding bypassing, that are executed by 62 (fig. 2, 62 with dashed lines to the bypass switch]. Regarding claim 13, Mergener discloses wherein the first parameter value is a voltage value or a state of charge SOC value [par. 4]. Regarding claim 14, Mergener discloses a method for controlling an energy storage system comprising a battery cluster comprising at least two energy storage modules connected in series [fig. 1; battery cluster 30a-3n], wherein each energy storage module of the at least two energy storage modules comprises one bypass circuit and one respective battery pack associated with the one bypass circuit [fig. 1; each storage module 18a comprises the battery pack and bypass switch 66], and each battery pack of the battery cluster comprises a plurality of batteries [fig. 1; packs 18; par. 50], the method comprising: balancing electricity quantities of each energy storage module by controlling the one bypass circuit based on a first parameter value of its one respective battery pack for each energy storage module of the at least two energy storage modules [par. 38 & 41-43; the controller 58 can control the bypass portions to bypass one battery pack that has reached a discharge threshold (first parameter value) and continue to discharge the other ones (thus balancing them)]. Regarding claim 17, Mergener discloses wherein the first parameter value is a voltage value or a state of charge SOC value [par. 4]. Regarding claim 18, Mergener discloses an energy storage module [fig. 1, 18a], comprising: one bypass circuit [fig. 1, 66a; par. 41]; one battery pack comprising a plurality of batteries [fig. 1, cells]; and one second controller connected to the battery pack [fig. 2, 62; pars. 38-40] and configured to: obtain a parameter value of the battery pack and send the parameter value to a first controller, receive a control instruction sent by the first controller, and control, according to the control instruction, the bypass circuit to bypass the battery pack, wherein the first controller is a upper-level controller of the second controller [par. 38-41; 62 determines conditions like SOC and passes information to 58, whereas 58 issues instructs regarding bypassing, that are executed by 62 (fig. 2, 62 with dashed lines to the bypass switch]. Claim Rejections - 35 USC § 103 This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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 2-4, 10-11, 15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Mergener et al. US PGPUB 2017/0346334 in view of Benckenstein et al. US PGPUB 2014/0266049. Regarding claims 2 and 15, Mergener discloses wherein the controller is further configured to: control each bypass circuit to bypass its respective battery pack whose first parameter value is less than or equal to a second preset parameter value in response to the battery cluster being discharged [par. 38 & 41-43; the controller 58 can control the bypass portions to bypass one battery pack that has reached a discharge threshold (first parameter value) and continue to discharge the other ones (thus balancing them)]. Mergener does not explicitly disclose controlling each bypass circuit to bypass its respective battery pack whose first parameter value is greater than or equal to a first preset parameter value in response to the battery cluster being charged. However, Benckenstein discloses an energy storage system with a plurality of battery packs in series [fig. 1] which controls each bypass circuit to bypass its respective battery pack whose first parameter value is greater than or equal to a first preset parameter value in response to the battery cluster being charged [figs. 1-2; based on a voltage of a battery pack having a certain value for greater than a time threshold (greater than parameter value) the battery pack is bypassed from charging; par. 9 & 14]. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Mergener to further include controlling each bypass circuit to bypass its respective battery pack whose first parameter value is greater than or equal to a first preset parameter value in response to the battery cluster being charged for the purpose of detecting and preventing failure in battery packs, as taught by Benckenstein (par. 14). Regarding claim 3, Mergener discloses wherein: the bypass circuit comprises a first controllable switch and a second controllable switch [fig. 1; pars. 41-42; the bypass portion includes “one or more switches” 66 and illustrated as two] a positive output end of the battery pack is connected to a first end of the first controllable switch [fig. 1; the upper switch 66 is connected to the positive terminal of 18; pars. 41-42]; a second end of the first controllable switch is connected to a first end of the second controllable switch and a positive output end of the energy storage module [fig. 1, the switches are in series]; a second end of the second controllable switch is connected to a negative output end of a battery module [fig. 1; the vertical switch is connected to the negative terminal]; and a negative output end of the battery pack is connected to a negative output end of the energy storage module [fig. 1; at least the bottom-most battery pack is connected to the negative end of 50 through 54]. Regarding claim 4, Mergener does not explicitly disclose wherein the controller is further configured to: control both the first controllable switch and the second controllable switch to be open; and control the second controllable switch to be closed, to bypass the battery pack a first preset time after controlling both the first controllable switch and the second controllable switch to be open. However, Examiner takes Official Notice that it is well known in the battery charging arts to open switches in response to a fault and then close a switch once it is determined the natural of the fault. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Mergener to further include wherein the controller is further configured to: control both the first controllable switch and the second controllable switch to be open; and control the second controllable switch to be closed, to bypass the battery pack a first preset time after controlling both the first controllable switch and the second controllable switch to be open for the purpose of protecting the battery, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007). Regarding claim 10, Mergener discloses wherein: the controller comprises a first controller and at least two second controllers [fig. 1; 58 is a first controller; fig. 2, each pack has a second controller 62] the second controllers are connected to battery packs in a one-to-one correspondence [figs 1 & 2]; the second controller is configured to: obtain a second parameter value of its corresponding battery pack, and send the second parameter value to the first controller [par. 38-41; 62 determines conditions like SOC and passes information to 58, whereas 58 issues instructs regarding bypassing, that are executed by 62 (fig. 2, 62 with dashed lines to the bypass switch]; and the first controller is configured to: determine first parameter values of all the battery packs based on second parameter values of all the battery packs, when the battery cluster is being charged [pars. 38, 50-51 & 57; parameters such as the charge state based on the capacity are determined, while charging] and when the battery cluster is being discharged, determine the battery pack whose first parameter value is less than or equal to a second preset parameter value as a to-be-bypassed battery pack, and send a control instruction to the second controller, wherein the control instruction is configured to instruct the corresponding second controller to control the bypass circuit to bypass the to-be-bypassed battery pack [par. 38 & 41-43; the controller 58 can control the bypass portions to bypass one battery pack that has reached a discharge threshold (first parameter value) and continue to discharge the other ones (thus balancing them); 58 issues instructs regarding bypassing, that are executed by 62 (fig. 2, 62 with dashed lines to the bypass switch]. Mergener does not explicitly disclose determine the battery pack whose first parameter value is greater than or equal to a first preset parameter value as a to-be-bypassed battery pack. However, Benckenstein discloses an energy storage system with a plurality of battery packs in series [fig. 1] which determine the battery pack whose first parameter value is greater than or equal to a first preset parameter value as a to-be-bypassed battery pack [figs. 1-2; based on a voltage of a battery pack having a certain value for greater than a time threshold (greater than parameter value) the battery pack is bypassed from charging; par. 9 & 14]. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Mergener to further include determining the battery pack whose first parameter value is greater than or equal to a first preset parameter value as a to-be-bypassed battery pack for the purpose of detecting and preventing failure in battery packs, as taught by Benckenstein (par. 14). Regarding claim 11, Mergener discloses wherein: the second parameter value comprises a total capacity, a state of energy (SOE) value, and a state of health (SOH) value of the battery pack, and the first parameter value is a state of charge SOC value [par. 57; capacity is a SOE value, the charge state (the basis for charging or determining full charge) is a SOC value]. Regarding claim 19, Mergener discloses wherein the second controller is further configured to: control the bypass circuit to bypass the battery pack in response to the battery pack being discharged and the parameter value of the battery pack being less than or equal to a second preset parameter value [par. 38 & 41-43; the controller 58 can control the bypass portions to bypass one battery pack that has reached a discharge threshold (first parameter value) and continue to discharge the other ones (thus balancing them)]. Mergener does not explicitly disclose control the bypass circuit to bypass the battery pack in response to the battery pack being charged and the parameter value of the battery pack being greater than or equal to a first preset parameter value. However, Benckenstein discloses an energy storage system with a plurality of battery packs in series [fig. 1] which controls the bypass circuit to bypass the battery pack in response to the battery pack being charged and the parameter value of the battery pack being greater than or equal to a first preset parameter value [figs. 1-2; based on a voltage of a battery pack having a certain value for greater than a time threshold (greater than parameter value) the battery pack is bypassed from charging; par. 9 & 14]. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Mergener to further include controlling the bypass circuit to bypass the battery pack in response to the battery pack being charged and the parameter value of the battery pack being greater than or equal to a first preset parameter value for the purpose of detecting and preventing failure in battery packs, as taught by Benckenstein (par. 14). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Mergener et al. US PGPUB 2017/0346334. Regarding claim 6, Mergener does not explicitly disclose wherein the power conversion circuit further comprises a direct current/alternating current conversion circuit, wherein a first terminal of the direct current/direct current conversion circuit is the first terminal of the power conversion circuit, a second terminal of the direct current/direct current conversion circuit is connected to a first terminal of the direct current/alternating current conversion circuit, and a second terminal of the direct current/alternating current conversion circuit is the second terminal of the power conversion circuit, and direct current/alternating current conversion circuit is configured to: convert a direct current provided by the direct current/direct current conversion circuit into a first alternating current; or convert the first alternating current into a first direct current and then transmit the first direct current to the direct current/direct current conversion circuit. However, Examiner takes Official Notice that it is well known in the electric vehicle charging arts to use an isolated DC/DC converter in series with an inverter, for example converting from a high voltage DC source to a lower DC voltage before conversion to household voltage. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Mergener to further include wherein the power conversion circuit further comprises a direct current/alternating current conversion circuit, wherein a first terminal of the direct current/direct current conversion circuit is the first terminal of the power conversion circuit, a second terminal of the direct current/direct current conversion circuit is connected to a first terminal of the direct current/alternating current conversion circuit, and a second terminal of the direct current/alternating current conversion circuit is the second terminal of the power conversion circuit, and direct current/alternating current conversion circuit is configured to: convert a direct current provided by the direct current/direct current conversion circuit into a first alternating current; or convert the first alternating current into a first direct current and then transmit the first direct current to the direct current/direct current conversion circuit for the purpose of converting a DC voltage to a more usable level before converting the voltage to a grid-usable AC voltage, and since it has been held to be within the general skill of a worker in the art to apply a known technique to a known device (method, or product) which was ready for improvement in order to yield results predictable by one of ordinary skill the art. KSR International Co. v Teleflex Inc., 550 U.S. 398, 127 S. Ct. 1727, 82 USPQ2d 1385, 1395-97 (2007). Allowable Subject Matter Claims 7-9 and 16 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. With respect to claim 7, the following is an examiner's statement of reasons for the indication of allowable subject matter: the prior art fails to further teach or suggest “a positive port of the output end of the battery cluster is connected to a positive port of the first terminal of the direct current/direct current conversion circuit through the soft-start circuit, or a negative port of the output end of the battery cluster is connected to a negative port of the first terminal of the direct current/direct current conversion circuit through the soft-start circuit; the soft-start circuit comprises a first relay, a second relay, and a first resistor; the first relay is connected to the first resistor in series and then connected to the second relay in parallel; and the controller is further configured to: before bypassing the battery pack or connecting to the battery pack, control the first relay and the second relay to be open” in combination with all the other elements recited in claim 7. Claims 8-9, being dependent on claim 7, would be allowable for the same reasons as claim 7. With respect to claim 16, the following is an examiner's statement of reasons for the indication of allowable subject matter: the prior art fails to further teach or suggest “before bypassing the battery pack or connecting to the battery pack, controlling a direct current/direct current conversion circuit connected to an output end of the battery cluster to stop working, wherein a first terminal of the direct current/direct current conversion circuit is connected to the output end of the battery cluster; and after completing bypassing or connecting to the battery pack, controlling a voltage at the first terminal of the direct current/direct current conversion circuit to be equal to an output voltage of the battery cluster, and controlling the direct current/direct current conversion circuit to start working” in combination with all the other elements recited in claim 16. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kirleis et al US PGPUB 2020/0274371 discloses an array of batteries with bypass mechanisms. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID V HENZE whose telephone number is (571)272-3317. The examiner can normally be reached M to F, 9am to 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, Julian Huffman can be reached at 571-272-2147. 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. /DAVID V HENZE/Primary Examiner, Art Unit 2859
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Prosecution Timeline

Sep 28, 2023
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
70%
Grant Probability
94%
With Interview (+23.5%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 714 resolved cases by this examiner. Grant probability derived from career allowance rate.

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