Prosecution Insights
Last updated: July 17, 2026
Application No. 18/918,523

BATTERY CIRCUIT AND VEHICLE

Non-Final OA §101§103
Filed
Oct 17, 2024
Priority
May 31, 2022 — CN 202210614138.5 +1 more
Examiner
DINH, THAI T
Art Unit
Tech Center
Assignee
BYD Company Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
572 granted / 666 resolved
+25.9% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
22 currently pending
Career history
688
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
76.1%
+36.1% vs TC avg
§102
7.9%
-32.1% vs TC avg
§112
12.3%
-27.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 666 resolved cases

Office Action

§101 §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 . Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 19 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 5. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. Duplicate claim is not proper pursuant to 37 CFR 1.75(b). See MPEP § 706.03(k). Clarification is requested. 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. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (hereinafter Xu, CN 109130891 A) in view of Hall et al. (hereinafter Hall, US 11, 289,921 B1). For claim 1, Xu discloses a battery circuit-(Fig. 1 of Xu, as illustrated below, discloses a battery circuit coupled to inverter 1 to drive motor of an electric vehicle – see Xu, Fig. 1, paragraph [0002] and [0010]), comprising a power supply terminal, a first battery pack, a second battery pack of a different type from the first battery pack, a voltage transformation unit, a first switch, a second switch, a grounding terminal, and a control unit (Fig. 1 of Xu, as illustrated below, discloses a battery circuit comprising a power supply terminal A, a first battery pack UC, a second battery pack Bat of a different type from the first battery pack, a voltage transformation unit L2, a first switch S3, a second switch S2, a grounding terminal B, and a control unit 5 – see Xu, illustrated Fig. 1, paragraph [0010]. It is noted that Xu is silent for disclosing specifically a power supply terminal and a ground terminal, However, Hall discloses specifically details of a battery circuit which comprise a power supply terminal and a ground terminal (Fig. 3 of Hall discloses a battery circuit which is similar as Xu’s battery circuit, wherein, Hall’s battery circuit comprises a power supply terminal connected to +BUS 601 and a ground terminal connected to -BUS 602. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Xu’s battery circuit to include a power supply terminal and a ground terminal as taught by Hall for purpose of providing a complete, low-resistance return path for current), wherein: a positive electrode of the first battery pack is coupled with the power supply terminal; a negative electrode of the first battery pack is coupled with a positive electrode of the second battery pack (Illustrated Fig. 1 of Xu discloses a positive electrode of the first battery pack UC is coupled with the power supply terminal A; a negative electrode of the first battery pack UC is coupled with a positive electrode of the second battery pack Bat); a negative electrode of the second battery pack is coupled with the grounding terminal (Illustrated Fig. 1 of Xu discloses a negative electrode of the second battery pack is coupled with the grounding terminal B via switch S6); a first terminal of the first switch is coupled with the power supply terminal; a second terminal of the first switch is coupled with a first terminal of the second switch; a control terminal of the first switch is coupled with a first output terminal of the control unit (Illustrated Fig. 1 of Xu discloses a first terminal of the first switch S3 which is coupled with the power supply terminal A; a second terminal of the first switch S3 which is coupled with a first terminal of the second switch S2; a control terminal of the first switch S3 is coupled with a first output terminal of the control unit 5 – see Xu, Illustrated Fig. 1 below, paragraph [0012]); a second terminal of the second switch is coupled with the grounding terminal; a control terminal of the second switch is coupled with a second output terminal of the control unit (illustrated Fig. 1 below of Xu discloses a second terminal of the second switch S2 which is coupled with the grounding terminal B; a control terminal of the second switch S2 is coupled with a second output terminal of the control unit 5 – see Xu, illustrated Fig. 1 below, paragraph [0012]); the voltage transformation unit is coupled between the negative electrode of the first battery pack and the second terminal of the first switch (illustrated Fig. 1 below of Xu discloses the voltage transformation unit L2 which is coupled between the negative electrode of the first battery pack UC and the second terminal of the first switch S3); and the control unit is configured to control the first switch and the second switch to be closed or opened according to an output power of the battery circuit and a power threshold of the battery circuit (illustrated Fig. 1 below and Figs. 3-12 of Xu disclose the control unit 5 is configured to control the first switch S3 and the second switch S2 to be closed or opened according to an output power of the battery circuit and a power threshold of the battery circuit – see Xu, Fig. 3, paragraphs [0059] and [0063]-[0084]). PNG media_image1.png 538 628 media_image1.png Greyscale For claims 2 and 16, Xu in view of Hall disclose the battery circuit according to claim 1 or claim 14, wherein the control unit is further configured to: control the first switch and the second switch to be closed or opened according to a preset control rule when-based on a determination that the output power is less than the power threshold (see Xu, Fig. 2, paragraph [0036]-[0037], [0059]-[0061]); and control both the first switch and the second switch to be opened when-based on a determination that the output power is greater than or equal to the power threshold (see Xu, Fig. 9, paragraphs [0076] and [0080]). For claims 5 and 19, Xu in view of Hall disclose the battery circuit according to claim 1, wherein the first battery pack comprises a power-type battery pack, and the second battery pack comprises an energy-type battery pack (Xu discloses the first battery pack UC comprises a power-type battery pack, and the second battery pack Bat comprises an energy-type battery pack – see Xu, Fig. 1, paragraphs [0030], [0045] and [0058]); or the first battery pack comprises the energy-type battery pack, and the second battery pack comprises the power-type battery pack. For claim 9, Xu in view of Hall disclose the battery circuit according to claim 1, further comprising a first freewheeling unit and a second freewheeling unit (Fig. 1 of Xu discloses a first freewheeling unit D3 and a second freewheeling unit D2), wherein: an input terminal of the first freewheeling (D3) is coupled with the second terminal of the first switch (S3); an output terminal of the first freewheeling unit (D3) is coupled with the first terminal of the first switch (see Xu, Fig. 1); an input terminal of the second freewheeling unit (D2) is coupled with the second terminal of the second switch (S2); and an output terminal of the second freewheeling unit is coupled with the first terminal of the second switch (see Xu, Fig. 1). For claim 10, Xu in view of Hall disclose the battery circuit according to claim 9, wherein the first freewheeling unit is a first diode; and the second freewheeling unit is a second diode (Fig. 1 of Xu discloses the first freewheeling unit is a first diode D3; and the second freewheeling unit is a second diode D2), wherein: an anode of the first diode is coupled with the second terminal of the first switch; a cathode of the first diode is coupled with the first terminal of the first switch (see Xu, Fig. 1); an anode of the second diode is coupled with the second terminal of the second switch; and a cathode of the second diode is coupled with the first terminal of the second switch (see Xu, Fig. 1). For claim 13, Xu in view of Hall disclose the battery circuit according to claim 1, wherein the voltage transformation unit comprises a second inductor (Fig. 1 of Xu discloses the voltage transformation unit which comprises a second inductor L2 – see Xu, Fig. 1, paragraph [0010]). For claim 14, Xu discloses a vehicle, comprising a battery circuit coupled to a motor (Fig. 1 of Xu discloses a vehicle, comprising a battery circuit coupled to a motor of an electric vehicle – see Xu, Fig. 1, paragraph [0002] and [0010]), wherein the battery circuit comprises a power supply terminal, a first battery pack, a second battery pack of a different type from the first battery pack, a voltage transformation unit, a first switch, a second switch, a grounding terminal, and a control unit (same as explanation in claim 1 above), and wherein: a positive electrode of the first battery pack is coupled with the power supply terminal; a negative electrode of the first battery pack is connected with a positive electrode of the second battery pack (same as explanation in claim 1 above); a negative electrode of the second battery pack is connected with the grounding terminal (same as explanation in claim 1 above); a first terminal of the first switch is connected with the power supply terminal; a second terminal of the first switch is connected with a first terminal of the second switch; a control terminal of the first switch is connected with a first output terminal of the control unit (same as explanation in claim 1 above); a second terminal of the second switch is connected with the grounding terminal; a control terminal of the second switch is connected with a second output terminal of the control unit (same as explanation in claim 1 above); the voltage transformation unit is connected between the negative electrode of the first battery pack and the second terminal of the first switch (same as explanation in claim 1 above); and the control unit is configured to control the first switch and the second switch to be closed or opened according to an output power of the battery circuit and a power threshold of the battery circuit (same as explanation in claim 1 above). For claim 15, Xu in view of Hall disclose the vehicle according to claim 14, wherein the vehicle comprises an electrical vehicle and a hybrid vehicle (see Xu, paragraphs [0002]). Claims 3-4 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (hereinafter Xu, CN 109130891 A) in view of Hall et al. (hereinafter Hall, US 11, 289,921 B1), further in view of Wang et al. (hereinafter Wang, US 2015/0222137 A1). For claims 3 and 17, Xu in view of Hall disclose all limitation as applied in claim 1 or claim 14 above. Xu in view of Hall are silent for disclosing a first ratio indicates a ratio of a capacity of the first battery pack to a capacity of the second battery pack, and a second ratio indicates a ratio of a maximum discharge rate of the second battery pack to a maximum discharge rate of the first battery pack, and wherein a deviation between the first ratio and the second ratio being is configured to be less than a preset range. However, Wang discloses a first ratio indicates a ratio of a capacity of the first battery pack to a capacity of the second battery pack, and a second ratio indicates a ratio of a maximum discharge rate of the second battery pack to a maximum discharge rate of the first battery pack, and wherein a deviation between the first ratio and the second ratio being is configured to be less than a preset range (see Wang, paragraphs [0011] and [0034]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Xu in view of Hall to incorporate teaching of Wang for purpose of maximizing packaging efficiency. For claims 4 and 18, Xu in view of Hall, further in view of Wang disclose the battery circuit according to claim 3 or claim 17, wherein the first ratio is configured to be the-same as the second ratio (see Wang, paragraphs [0011] and [0034]). Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (hereinafter Xu, CN 109130891 A) in view of Hall et al. (hereinafter Hall, US 11, 289,921 B1), further in view of Lesso et al (hereinafter Lesso, US 2023/0059155 A1). For claim 11, Xu in view of Hall disclose all limitation as applied to claim 1 above. Xu in view of Hall disclose the battery circuit which is silent for comprising a voltage stabilization unit, wherein: the voltage stabilization unit is coupled between the power supply terminal and the grounding terminal. However, Lesso discloses a voltage stabilization unit which is coupled between the power supply terminal and the grounding terminal (see Lesso, Fig. 6, a voltage stabilization unit 522,524/ 610, paragraph [0165]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify teaching of Xu in view of Hall to incorporate teaching of Wang for purpose of controlling power flow smoothly. For claim 12, Xu in view of Hall, further in view of Lesso disclose the battery circuit according to claim 11, wherein the voltage stabilization unit is comprises a second capacitor (see Lesso, Fig. 6, paragraph [0165]). Allowable Subject Matter Claims 6-8 and 20 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI T DINH whose telephone number is (571)270-3852. The examiner can normally be reached (571)270-3852. 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, Eduardo Colon-Santana can be reached at (571)272-2060. 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. /THAI T DINH/Primary Examiner, Art Unit 2837 Jun 20, 2026
Read full office action

Prosecution Timeline

Oct 17, 2024
Application Filed
Oct 17, 2024
Response after Non-Final Action
Jun 24, 2026
Non-Final Rejection mailed — §101, §103 (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

1-2
Expected OA Rounds
86%
Grant Probability
86%
With Interview (+0.0%)
2y 4m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 666 resolved cases by this examiner. Grant probability derived from career allowance rate.

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