Prosecution Insights
Last updated: October 02, 2026
Application No. 18/868,925

Energy Store Floor Structure for an Electrically Drivable Motor Vehicle

Non-Final OA §102§103
Filed
Nov 25, 2024
Priority
Jul 29, 2022 — DE 10 2022 119 161.3 +1 more
Examiner
SWENSON, BRIAN L
Art Unit
Tech Center
Assignee
Bayerische Motoren Werke Aktiengesellschaft
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
772 granted / 952 resolved
+21.1% vs TC avg
Moderate +9% lift
Without
With
+9.4%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
17 currently pending
Career history
963
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
26.3%
-13.7% vs TC avg
§112
18.4%
-21.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 952 resolved cases

Office Action

§102 §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 . Acknowledgment is made of the Preliminary Amendment filed on November 25, 2024, where: Claims 1-8 have been cancelled; Claims 9-16 added; The Abstract and Specification have been amended. 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. Claim(s) 9-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 11,370,287 issued to Tsuyuzaki et al. (citation no A1 in the IDS filed on 11/25/2024). Regarding Claim 9, Tsuyuzaki et al. teaches in Figures 1-52 and respective portions of the specification of an energy storage unit floor structure (12) for an electrically drivable motor vehicle, comprising: a floor structure (12) having longitudinal (14) and transverse (35) members; and an electrical energy storage device (28) comprising a storage unit housing (121) which is arranged on an underside (see at least Figure 5-6) of the floor structure (12), is connected (fastener 163 in Figure 6) to a respective longitudinal (14) or transverse member of the floor structure (12) at least in a longitudinal region along a fixing plane (the plane is shown in Figure 5 where elements 78 and 155 are secured with fastener 163) by mechanical connectors (163), and is sealed against (the seal is located between longitudinal member 14 and energy storage device 28) the corresponding longitudinal (14) or transverse member of the floor structure at least in a longitudinal region along a sealing plane by a seal (located at element 137, disclosed Col. 32, lines 24-26), wherein the fixing plane and the sealing plane are arranged at a distance from each (Figures 5 and 6 show the location for the fixing plane at fastener 63 is at a vertical distance from the seal at element 137) other in the corresponding longitudinal region. Regarding Claim 10, Tsuyuzaki et al. shows in at least Figures 5 and 6 the fixing plane (the plane shown in Figure 5 where elements 78 and 155 are secured with fastener 163) and the sealing plane (where sealing member is shown at flange 137) extend at least substantially parallel to each other in a longitudinal direction of the vehicle and in a transverse direction of the vehicle (see Figures 5 and 6). Regarding Claim 11, Tsuyuzaki et al. teach the sealing plane (where sealing member is shown at flange 137) is arranged above (see Figures 5 and 6) the fixing plane (the plane is shown in Figure 5 where elements 78 and 155 are secured with fastener 163) in a vertical direction (see Figures 5 and 6) of the vehicle. Regarding Claim 12, Tsuyuzaki et al. teach the mechanical connectors (63) in the fixing plane are screw connections (a threaded bolt which is a screw connection is shown). Regarding Claim 13, Tsuyuzaki et al. teach the screw connections (63) are arranged, in relation to the vertical direction (see Figure 6) of the vehicle, so as to at least substantially overlap (see Figures 5 and 6) a main profile of the respective longitudinal (14) or transverse member of the floor structure. Regarding Claim 14, Tsuyuzaki et al. teach the screw connections (fasteners 63) are arranged, in relation to the vertical direction (see Figures 5 and 6) of the vehicle, substantially below a load path (see Figures 5 and 6) of the floor structure (12). Claim Rejections - 35 USC § 103 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. Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuyuzaki et al. in view of U.S. Patent Publication No. 2022/0363315 issued to Kwon (Citation No A4 in the IDS filed on 11/25/2024). Regarding Claim 15, Tsuyuzaki et al. teach a flange (137) between an upper part (122) and a lower part (121) of the storage unit housing (121) but does not show the flange located in the fixing plane of the storage unit housing to the floor structure. Kwon, however, teaches in Figures 1-10 and respective portions of the specification of a floor structure for a vehicle that includes teaching of a flange (see where element 51d in Figure 9) located in a fixing plane (see fastener 55c) of a storage unit housing. It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use Kwon’s teaching for locating the flange on a fixing plane for the energy storage floor structure taught by Tsuyuzaki et al. One would be motivated to locate the flange on the fixing plane as an obvious design choice, known in the art, for locating the flange on the vehicle body. Regarding Claim 16, Tsuyuzaki et al. does not show the upper part (122) of the storage unit housing, at least in certain regions, forms a vehicle floor of a body of the vehicle in a region of a passenger compartment. Kwon shows in Figure 8 the upper part of the storage unit housing (51) forms the floor (57). It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use Kwon’s teaching for using the upper part of the storage unit as the floor for the energy storage floor structure taught by Tsuyuzaki et al. One would be motivated to use the upper part of the storage unit as the floor to simplify the construction by reducing the compoents for the vehicle floor by using the upper part of the storage unit housing as the floor. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5). 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, Allen Shriver can be reached at (303) 297-4337. 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. BRIAN SWENSON Primary Examiner Art Unit 3618 /BRIAN L SWENSON/Primary Examiner, Art Unit 3613
Read full office action

Prosecution Timeline

Nov 25, 2024
Application Filed
Aug 17, 2026
Non-Final Rejection mailed — §102, §103 (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
81%
Grant Probability
90%
With Interview (+9.4%)
1y 10m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 952 resolved cases by this examiner. Grant probability derived from career allowance rate.

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