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 .
Response to Amendment
The Amendment filed 4/6/2026 has been entered. As two sets of claims were sent, it was confirmed to the examiner via phone call with Attorney Agarwal on 5/28/2026 that claims 1-20 on pages 2-5 are to be examined, and claims 1-20 on pages 6-9 are not to be entered. Claims 1-20 on pages 2-5 remain pending in the application, and no claims have been canceled. Applicant’s amendments to the Claims have overcome every claim objection previously set forth in the Non-Final Office Action mailed 10/6/2025. Any new grounds of rejection presented below are necessitated by the amendments. Accordingly, this Office Action is made Final.
Response to Arguments
Applicant's arguments filed 4/6/2026 have been fully considered but they are not persuasive.
In response to the Applicant's statement that the examiner agreed that the amended language is patentable over the cited references, the examiner notes that the examiner stated that the amendment appears to overcome the 102 rejection and that further consideration would be required. However, after further consideration beyond the limited time available to prepare and conduct the interview, the claims remain unpatentable.
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.
(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.
Claim(s) 1-3, 6, 8-12, 15, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Emori (US 20090091332 A1).
Regarding independent claim 1, Emori discloses a method of controlling currents in an energy storage system (Fig. 1 and ¶0052-0053: battery module 9) comprising a first module and a second module connected in a first array (battery cell groups GB1 and GBM), wherein each of the first module and the second module comprises a first energy source and a second energy source (battery cells BC1 and BC2), the method comprising:
controlling, for each module, energy outputs from the first energy source and the second energy source such that the first energy source is balanced with the second energy source for a first operating parameter (Figs. 1 and 22 and ¶[83]: since batteries BC1 and BC2 are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches), wherein the energy outputs from the first energy source and the second energy source are independently controllable from one another (abstract and ¶[82, 247] and Fig. 22: balancing switches are used to discharge individual battery cells. Switch 129A allows discharge current for battery cell BC1 to flow through resistor R1. Switch 129B 129A allows discharge current for battery cell BC2 to flow through resistor R2.).
Regarding claim 2, Emori discloses the method of claim 1, wherein controlling, for each module, energy outputs from the first energy source and the second energy source comprises controlling a duty cycle of switch circuitry within each module (Figs. 2 and 22 and ¶’s [12, 81]: switches 129 are used in the balancing circuit enabling either a 100% or 0% duty cycle).
Regarding claim 3, Emori discloses the method of claim 1, wherein controlling, for each module, energy outputs from the first energy source and the second energy source comprises:
determining reference currents for the first energy source based on demand values of a load (¶[69, 82, 120, 168]: electric current is supplied to the load from the entire assembly of serially connected battery cells, where the current will be the same across all cells including BC1, and the current is based on electrical load); and
generating switching signals for switch circuitry coupled to the first energy source (Fig. 22: switch 129A coupled to battery cell BC1) based on the reference currents (abstract and ¶[82]: balancing switches are used to discharge individual battery cells).
Regarding claim 6, Emori discloses the method of claim 1, wherein the energy storage system comprises a third module and a fourth module connected in a second array (Fig. 1 and 22: three or more battery groups GB1, GBM, and GBN are implied and may be grouped into any number of arrays), the method comprising:
controlling energy outputs within the energy storage system such that the first array and the second array are balanced for the first operating parameter (¶[83]: since battery groups between GB1 and GBN are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches).
Regarding claim 8, Emori discloses the method of claim 6, wherein the energy storage system comprises an interconnection module coupled between the first and second arrays (Fig. 1: battery controller 20 coupled between battery groups GB1 and GBM), and wherein controlling energy outputs within the system such that the first array and the second array are balanced for the first operating parameter comprises controlling an energy output of the interconnection module ((¶[83]: since battery groups between GB1 and GBN are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches).
Regarding claim 9, Emori discloses the method of claim 1, wherein the first operating parameter is one of: state of charge, temperature, voltage, current, state of health, state of energy, and state of power (Figs. 1 and 22 and ¶[83]: batteries are managed to control their operating parameters of current and voltage. Since batteries BC1 and BC2 are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches).
Regarding independent claim 10, Emori discloses a method of controlling currents in an energy storage system (Fig. 1 and ¶0052-0053: battery module 9) comprising a first module and a second module connected in a first array (battery cell groups GB1 and GBM), wherein each of the first module and the second module comprises a first and a second energy source (battery cells BC1 and BC2), the method comprising:
controlling, for each module, energy outputs from the first energy source and the second energy source such that the first energy source is balanced with the second energy source for a first operating parameter and a second operating parameter (Figs. 1, 2, and 22 and ¶[83]: the parameters of current and voltage are balanced since batteries BC1 and BC2 are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches), wherein the energy outputs from the first energy source and the second energy source are independently controllable from one another (abstract and ¶[82, 247] and Fig. 22: balancing switches are used to discharge individual battery cells. Switch 129A allows discharge current for battery cell BC1 to flow through resistor R1. Switch 129B 129A allows discharge current for battery cell BC2 to flow through resistor R2.).
Regarding claim 11, Emori discloses the method of claim 10, wherein controlling, for each module, energy outputs from the first energy source and the second energy source comprises controlling a duty cycle of switch circuitry within each module (Figs. 2 and 22 and ¶’s [12, 81]: switches 129 are used in the balancing circuit enabling either a 100% or 0% duty cycle).
Regarding claim 12, Emori discloses the method of claim 10, wherein controlling, for each module, energy outputs from the first energy source and the second energy source comprises:
determining reference currents for the first energy source based on demand values of a load (¶[69, 82, 120, 168]: electric current is supplied to the load from the entire assembly of serially connected battery cells, where the current will be the same across all cells including BC1, and the current is based on electrical load); and
generating switching signals for switch circuitry coupled to the first energy source Fig. 22: switch 129A coupled to battery cell BC1) based on the reference currents (abstract and ¶[82]: balancing switches are used to discharge individual battery cells).
Regarding claim 15, Emori discloses the method of claim 10, wherein the energy storage system comprises a third module and a fourth module connected in a second array (Fig. 1 and 22: three or more battery groups GB1, GBM, and GBN are implied and may be grouped into any number of arrays), the method comprising:
controlling energy outputs within the energy storage system such that the first array and the second array are balanced for the first operating parameter and the second operating parameter (¶[83]: the parameters of current and voltage are balanced since battery groups between GB1 and GBN are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches).
Regarding claim 17, Emori discloses the method of claim 15, wherein the energy storage system comprises an interconnection module coupled between the first array and the second array (Fig. 1: battery controller 20 coupled between battery groups GB1 and GBM), and wherein controlling energy outputs within the energy storage system such that the first array and the second array are balanced for the first operating parameter and the second operating parameter comprises controlling an energy output of the interconnection module (¶[83]: since battery groups between GB1 and GBN are wired in series, the current flowing through them is the same. Voltages across the batteries are equalized through the control of balancing switches).
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) 4-5 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emori in view of Lin (US 20140097787 A1).
Regarding claim 4, Emori discloses the method of claim 1, wherein the method further comprises controlling energy outputs such that the first module and the second module are balanced for the first operating parameter (Figs. 1 and 22 and ¶[83]).
Emori does not disclose controlling converter circuitry of each of the first module and the second module according to a pulse width modulation technique.
Lin discloses controlling converter circuitry of each of a first module and a second module according to a pulse width modulation technique (¶[21] and Fig. 3: PWM is used to efficiently transfer energy to and from battery cells wired in series).
Lin discloses batteries wired in series similar to the system of Emori. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to incorporate use the PWM in Lin into the balancing operation of the battery cells of Emori to improve balancing efficiency (¶[21]).
Regarding claim 5, Emori discloses the method of claim 4, further comprising adjusting modulation indexes for the first module and the second modules (Figs. 1 and 22 and abstract: switches are adjusted for battery cells BC1 and BC2 and battery cell groups GB1 and GBM).
Regarding claim 13, Emori discloses the method of claim 10, wherein the method further comprises controlling energy outputs such that the first module and the second module are balanced for the first operating parameter and the second operating parameter Figs. 1 and 22 and ¶[83].
Emori does not disclose controlling converter circuitry of each of the first module and the second module according to a pulse width modulation technique.
Lin discloses controlling converter circuitry of each of a first module and a second module according to a pulse width modulation technique (¶[21] and Fig. 3: PWM is used to efficiently transfer energy to and from battery cells wired in series).
Lin discloses batteries wired in series similar to the system of Emori. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to incorporate use the PWM in Lin into the balancing operation of the battery cells of Emori to improve balancing efficiency (¶[21]).
Regarding claim 14, Emori discloses the method of claim 13, further comprising adjusting modulation indexes for the first module and the second module (Figs. 1 and 22 and abstract: switches are adjusted for battery cells BC1 and BC2 and battery cell groups GB1 and GBM).
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emori in view of Xing (US 20200328691 A1).
Regarding claim 7, Emori discloses the method of claim 6 controlling energy outputs within the energy storage system such that the first array and the second array are balanced for the first operating parameter (Fig. 22 and ¶’s [12, 81]).
Emori does not disclose the method comprising using common mode injection.
Xing discloses a method using common mode injection (¶[27]: common mode voltage injected to control or remove distorted output current).
Emori and Xing disclose ways to control voltage. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to incorporate injected common mode voltage of the method of Xing into the balancing process in Emori to control or remove distorted output current.
Regarding claim 16, Emori discloses the method of claim 15, wherein controlling energy outputs within the energy storage system such that the first array and the second array are balanced for the first operating parameter and the second operating parameter (Figs. 2 and 22 and ¶’s [12, 81]).
Emori does not disclose the method comprising using common mode injection.
Xing discloses a method using common mode injection (¶[27]: common mode voltage injected to control or remove distorted output current).
Emori and Xing disclose ways to control voltage. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to incorporate injected common mode voltage of the method of Xing into the balancing process in Emori to control or remove distorted output current.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emori in view of Kuo (US 20180198291 A1).
Regarding claim 18, Emori discloses the method of claim 10, wherein the first operating parameter is state of charge (Figs. 1 and 22 and ¶[83]: Voltages across the batteries are equalized through the control of balancing switches).
Emori does not disclose the second operating parameter is temperature.
Kuo discloses battery balancing based on temperature (Figs. 1 and 3 and ¶[110]: temperatures are measured on each battery 12, balancing occurs between battery cells when temperature is not in the temperature range and the battery cell is placed in time out mode and stops discharging).
Kuo discloses a similar arrangement of batteries in series and their control (Fig. 1) as in the Emori (Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to incorporate temperature sensing and the stopping of battery discharge of Kuo into the system of Emori to ensure proper health, optimization, equalization, and management among the batteries (¶[7]).
Regarding independent claim 19, Emori discloses an energy storage system (Fig. 1 and ¶0052-0053: battery module 9) comprising a control system (Fig. 1: battery controller 20) configured to:
determine reference currents for a first energy source of the energy storage system based on demand values of a load (¶[82]: electric current is supplied to the load from the entire assembly of serially connected battery cells); and
generate switching signals for switch circuitry coupled to the first energy source based on the reference currents (abstract and ¶[82] and Fig. 1: balancing switches are used to discharge individual battery cells),
wherein the reference currents are determined such that a state of charge (SOC) of the first energy source is balanced with an SOC of a second energy source of the energy storage system (Figs. 1 and 22 and ¶[83]: Voltages across the batteries are equalized through the control of balancing switches), and
wherein the energy outputs from the first energy source and the second energy source are independently controllable from one another (abstract and ¶[82, 247] and Fig. 22: balancing switches are used to discharge individual battery cells. Switch 129A allows discharge current for battery cell BC1 to flow through resistor R1. Switch 129B 129A allows discharge current for battery cell BC2 to flow through resistor R2.).
Emori does not disclose a temperature of the first energy source is balanced with a temperature of a second energy source.
Kuo discloses a temperature of the first energy source is balanced with a temperature of a second energy source (Figs. 1 and 3 and ¶[110]: temperatures are measured on each battery 12, balancing occurs between battery cells when temperature is not in the temperature range and the battery cell is placed in time out mode and stops discharging).
Kuo discloses a similar arrangement of batteries in series and their control (Fig. 1) as in the Emori (Fig. 1). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to incorporate temperature sensing and the stopping of battery discharge of Kuo into the system of Emori to ensure proper health, optimization, equalization, and management among the batteries (¶[7]).
Regarding claim 20, Emori in view of Kuo discloses the energy storage system of claim 19, wherein the control system is further configured to:
assess a present SOC of the first energy source and a present SOC of the second energy source (Fig. 3 and ¶[93]: voltage and temperature are measured);
assess a present temperature of the first energy source and a present temperature of the second energy source (Fig. 3 and ¶[93]);
identify an SOC balance factor and a temperature balance factor (Figs. 1 and 3 and ¶[110]: temperatures are measured on each battery 12, balancing occurs between battery cells when temperature is not in the temperature range or the voltage is not at the desired level, which then causes the battery cell to be placed in time out mode and stops discharging); and
determine a first reference current for the first energy source based on the SOC balance factor and the temperature balance factor (Figs. 1 and 3 and ¶[110]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kucka et al. ("Common-Mode Voltage Injection Techniques for Quasi Two-Level PWM-Operated Modular Multilevel Converters," 2018 International Power Electronics Conference (IPEC-Niigata 2018 -ECCE Asia), Niigata, Japan, 2018, pp. 1904-1911, doi: 10.23919/IPEC.2018.8507981.), discloses a method using common mode injection (pages 1906-1907, part IV: CMV Injection Techniques).
Harvey (US 5764027 A, published 1998-06-09) discloses battery balancing based on temperature (Abstract, Col 3, ll 1-4: temperatures are measured on each battery 20A-n and currents are shunted from the battery to reduce temperature gradients with other batteries, because reduced battery current causes slower temperature increase in the battery).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryu-Sung P. Weinmann whose telephone number is (703)756-5964. The examiner can normally be reached Monday-Friday 9am-5pm ET.
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.
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/Ryu-Sung P. Weinmann/Examiner, Art Unit 2859 June 10, 2026
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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