Prosecution Insights
Last updated: April 19, 2026
Application No. 17/889,440

STATE OF HEALTH BASED OPERATION FOR VEHICLE POWER SOURCES`

Final Rejection §102§103
Filed
Aug 17, 2022
Examiner
KOTOWSKI, LISA MICHELLE
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
GM Global Technology Operations LLC
OA Round
2 (Final)
53%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allow Rate
8 granted / 15 resolved
-14.7% vs TC avg
Strong +58% interview lift
Without
With
+58.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
50 currently pending
Career history
65
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
46.8%
+6.8% vs TC avg
§102
31.3%
-8.7% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 15 resolved cases

Office Action

§102 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Response to Arguments Applicant has amended claims 1 and 15 to incorporate the claimed invention into a practical application, examiner withdraws rejection of claims 1-4, 9-11, 13, 15-19, and 21 under 35 U.S.C. 101. Applicant argues that Matsubara et al (US 20130314050 A1) does not teach the limitations “determining an inflection point and an end of charge point of the differential signal” and “determining the SOH of the power source based on the inflection point and the end of charge point”, these limitations appear in independent claims 1 and 15. Matsubara ¶0119 states “the degree of degradation of the secondary battery can be quantitatively determined by calculating the value of (dV/dQ) at one inflection point, the degree of degradation of the secondary battery can be estimated”, which determines the inflection point of an the differential signal (dV/dQ). This is further supported in Matsubara ¶0121 which states “degradation degree detection and evaluation unit 330 measures a voltage change between the positive and negative electrode at the time of charge or discharge of the secondary battery 60, calculates an inflection point in the measured voltage change and a voltage value at the inflection point, and calculates the degree of degradation of the secondary battery”, further incorporating determining the SOH of the power source (secondary battery) based on the inflection point of the differential signal (dV/dQ). Emphasis was added to the “time of charge or discharge” portion of Matsubara ¶0121 to highlight that the degradation degree detection and evaluation unit 330 measures inflection points and when the power source is charging and discharging based on the differential signal. Matsubara further discusses the end of charge point in ¶0112 “when the charge ends and the discharge of the secondary battery 60 starts”, which indicates that when the degradation degree detection and evaluation unit 330 detects a point when the battery changes from charging to discharging, that too would be based on the differential signal (dV/dQ). Applicant's arguments filed 19 November 2025 have been fully considered but they are not persuasive. 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) 1-4, 6, 8, 10, 13-18, 20, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsubara et al (US 20130314050 A1) Regarding claim 1, Matsubara teaches a state of health (SOH) based control system (¶0087 “Based on an evaluation result of the degree of degradation of the secondary battery 60 in the degradation degree detection and evaluation unit 130, the correction unit 140 corrects the relation between the state of charge and the open circuit voltage”) comprising: a memory configured to store an algorithm including instructions for determining a SOH of a power source; (¶0064 “Specific operations of the charge control device 20 and the secondary battery device 10 according to the first embodiment and the charge control for the secondary battery according to the first embodiment”, the charge control device 20 must include a memory in order to execute the charge control method) and a control module configured to receive a voltage signal indicating a voltage of the power source (¶0055 “charge control device 20 further includes a detection unit 36. The detection unit 36 includes a current measurement circuit 37, a voltage measurement circuit 38, and a temperature measurement circuit 39”) and execute the instructions including determining a state of charge (SOC) of the power source, (¶0088 “The charge state estimation device 120 further includes a detection unit 36. The detection unit 36 includes a current measurement circuit 37, a voltage measurement circuit 38, and a temperature measurement circuit 39. The charge state estimation device 120 further includes a display unit 141 that displays the value of the calculated state of charge (SOC)”) generating a differential signal based on a change in the voltage and a change in the state of charge, (¶0090 “the relation between the open circuit voltage (OCV) and the state of charge (SOC) obtained in the initial product based on differential value peak information extracted from the (dV/dQ) curve illustrated in FIG. 2A”, FIG 2a depicting the differential of the change in voltage with respect to charge) determining an inflection point and an end of charge point of the differential signal, (¶0076 “ the differential calculation unit 32 and the electrode potential determination unit 33 calculate the inflection point (which corresponds to the discharge capacity or the discharge time corresponding to the differential value peak and one or all of “A,” “B,” and “C” in FIG. 2A)”, ¶0119 “the degree of degradation of the secondary battery can be quantitatively determined by calculating the value of (dV/dQ) at one inflection point, the degree of degradation of the secondary battery can be estimated”) determining the SOH of the power source based on the inflection point and the end of charge point, (¶0121 “degradation degree detection and evaluation unit 330 measures a voltage change between the positive and negative electrode at the time of charge or discharge of the secondary battery 60, calculates an inflection point in the measured voltage change and a voltage value at the inflection point, and calculates the degree of degradation of the secondary battery”) and performing a control operation based on the SOH, the control operation includes at least one of charging or loading the power source based on the SOH of the power source. (¶0090 “charge control unit 40 can control the application voltage to the positive electrode at the time of the charge of the secondary battery 60 based on the calculated degree of contraction…of the negative electrode, that is, based on the evaluation result… of the degree of degradation of the secondary battery 60 in the degradation degree detection and evaluation unit 30”) Similarly as applied to the state of health (SOH) based method of claim 15. Regarding claim 2, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the control module is configured to differentiate voltage versus charge of the power source to provide the differential signal. (FIG 1 depicts the differential calculation unit 32 onboard of the charge control device 20, 10097 “differential calculation unit 32 calculates a differential curve (where the x axis represents the discharge capacity (Q) and the y axis represents dV/dQ) in which the discharge capacity is set as a variable or a differential curve ”) Similarly as applied to the state of health (SOH) based method of claim 16. Regarding claim 3, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the inflection point is at least one of a last inflection point in a charge cycle of the power source or a first inflection point in a discharge cycle of the power source. (¶0097 “differential calculation unit 32 and the electrode potential determination unit 33 calculate the inflection point (which corresponds to the discharge capacity or the discharge time corresponding to the differential value peak and one or all of “A,” “B,” and “C” in FIG. 2A)”) Similarly as applied to the state of health (SOH) based method of claim 17. Regarding claim 4, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the end of charge point refers to: a SOC between a SOC of the inflection point and a full or near full SOC of the power source; or a full or near full SOC of the power source. (¶0095 “charge state estimation device 120 controls the operation of the power source 50 under a charge termination condition recorded in the charge state estimation device 120 and fully charges the secondary battery 60.”). The SOH based control system, as taught by Matsubara, uses the charge state estimation device 120 as depicted by FIG 7. The charge state estimation device 120 uses the onboard OCV measurement unit 31 to determine the SOC based on dV/dQ, as depicted in FIG 2a. Matsubara FIG 2a shows the charging/discharging curve of a battery, wherein point C is the fully charged point and B is an inflection point. There are multiple charge/discharge points, including one at 800mA*h which is between inflection point B and full SOC of the power source C. Similarly as applied to the state of health (SOH) based method of claim 18. Regarding claim 6, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein: the control module is configured to discharge the power source to a point after detection of the inflection point and then charge the power source to the end of charge point to estimate the SOH; and the end of charge point is greater than the inflection point. (¶0095 “charge state estimation device 120 controls the operation of the power source 50 under a charge termination condition recorded in the charge state estimation device 120 and fully charges the secondary battery 60.”). The SOH based control system, as taught by Matsubara, uses the charge state estimation device 120 as depicted by FIG 7. The charge state estimation device 120 uses the onboard OCV measurement unit 31 to determine the SOC based on dV/dQ, as depicted in FIG 2a. Matsubara FIG 2a shows the charging/discharging curve of a battery, wherein point C is the fully charged point and B is an inflection point. There are multiple charge/discharge points, including one at 800mA*h which is between inflection point B and full SOC of the power source C. Similarly as applied to the state of health (SOH) based method of claim 20. Regarding claim 8, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein: the control module is configured to charge the power source from an intermediate SOC below a SOC of the inflection point to the end of charge point to estimate the SOH; and the end of charge point is greater than the inflection point. (¶0095 “charge state estimation device 120 controls the operation of the power source 50 under a charge termination condition recorded in the charge state estimation device 120 and fully charges the secondary battery 60.”). The SOH based control system, as taught by Matsubara, uses the charge state estimation device 120 as depicted by FIG 7. The charge state estimation device 120 uses the onboard OCV measurement unit 31 to determine the SOC based on dV/dQ, as depicted in FIG 2a. Matsubara FIG 2a shows the charging/discharging curve of a battery, wherein point C is the fully charged point and B is an inflection point. There are multiple charge/discharge points, including one at 800mA*h which is between inflection point B and full SOC of the power source C. Regarding claim 10, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the control module is configured to determine the end of charge point based on the inflection point. (¶0076 “differential calculation unit 32 and the electrode potential determination unit 33 calculate the inflection point (which corresponds to the discharge capacity or the discharge time corresponding to the differential value peak and one or all of “A,” “B,” and “C” in FIG. 2A) in the measured voltage change and calculate the degree of degradation of the secondary battery 60 based on a difference”, ¶0078 “Data regarding the increase amount of the negative electrode potential corresponding to the degree of degradation of the secondary battery 60 is transmitted to the charge control unit 40... secondary battery 60 is charged using, as the full-charge voltage, a voltage obtained by reducing the increase amount of the negative electrode potential from an initial full-charge voltage at the start time of use of the secondary battery”). Regarding claim 13, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system further comprises a plurality of sensors configured to generate the voltage signal and a charge signal, (FIG 7 depicts charge state estimation device 120 with onboard voltage measurement circuit 38 and degradation degree detection and evaluation unit 130) the charge signal indicating the SOC of the power source, wherein the control module is configured to determine the SOC based on the charge signal. (¶0076 “differential calculation unit 32 and the electrode potential determination unit 33 calculate the inflection point (which corresponds to the discharge capacity or the discharge time corresponding to the differential value peak and one or all of “A,” “B,” and “C” in FIG. 2A) in the measured voltage change and calculate the degree of degradation of the secondary battery 60 based on a difference”) Regarding claim 14, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches a vehicle system (FIG 12) comprising: an SOH based control system; (¶0134 “ vehicle control device 400 includes the charge control device 20 for the secondary battery, the charge state estimation device 120 for the secondary battery and/or the degradation degree estimation device 220 or 320 for the secondary battery described in the first to fourth embodiments”) and a plurality of loads of a vehicle, (battery pack 410 and secondary battery) wherein the control module is configured, based on the SOH, to control loading of the power source including selective connection of the power source to one or more of the plurality of loads. (battery pack 410 and secondary battery) Regarding claim 22, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the control module is configured to estimate the SOH (¶0114 “A difference M between the inflection point and the precalculated initial inflection point can be calculated as follows (see FIG. 10)”, ¶0115 “a relation between a value of (S, M) and a change amount (for example, a percentage on the assumption that the initial capacity calculated from the initial OCV curve is 100%) from the initial OCV curve is stored as table in the degradation degree evaluation unit 233”) including at least one of i) charging the power source from a point below the inflection point to a point above the inflection point, (¶0118 “ the degradation degree estimation device 220 counts the number of cycles of charge and discharge from the start of use of the secondary battery 60 based on the data received from the current measurement circuit 37”) and ii) discharging the power source from a point above the inflection point to a point below the inflection point. (¶0118 “ the degradation degree estimation device 220 counts the number of cycles of charge and discharge from the start of use of the secondary battery 60 based on the data received from the current measurement circuit 37”) A cycle of charge and discharge would charge the battery to full capacity, indicating a point above the inflection point, and then discharge to a point below the inflection point. Further Matsubara ¶0031 “FIG. 10 is a diagram illustrating a difference between a voltage value at an inflection point and an initial voltage value at a precalculated initial inflection point and a difference between an inflection point and a precalculated initial inflection point according to the third embodiment”. Regarding claim 23, Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the end of charge point refers to a point when a voltage V of the power source and a change in the voltage versus a change in charge of the power source, referred to as dV/dQ, are greater than respectively a voltage of the inflection point and a dV/dQ of the inflection point. (¶0114 “A difference M between the inflection point and the precalculated initial inflection point can be calculated as follows (see FIG. 10)”, ¶0115 “a relation between a value of (S, M) and a change amount (for example, a percentage on the assumption that the initial capacity calculated from the initial OCV curve is 100%) from the initial OCV curve is stored as table in the degradation degree evaluation unit 233”) FIG 10 illustrates the change in power of a battery, with multiple inflection points peaking at about -0.2dV/dQ. Subsequently the end of the discharge capacity is much greater in magnitude than the inflection point of both the voltage and the change in power. Regarding claim 24. Matsubara teaches the SOH based control system of claim 1. Matsubara further teaches an SOH based control system wherein the SOH is determined based on a distance between the inflection point and the end of charge point. (¶0114 “A difference M between the inflection point and the precalculated initial inflection point can be calculated as follows (see FIG. 10)”, ¶0115 “a relation between a value of (S, M) and a change amount (for example, a percentage on the assumption that the initial capacity calculated from the initial OCV curve is 100%) from the initial OCV curve is stored as table in the degradation degree evaluation unit 233”) 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) 9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara modified by Park et al (US 20210175492 A1) Regarding claim 9. Matsubara teaches the SOH based control system of claim 1. Matsubara does not teach an SOH based control system herein the control module is configured to determine a logarithm of the differential signal, and based on the logarithm of the differential signal, determine the inflection point and the end of charge point. Park teaches an SOH based control system herein the control module is configured to determine a logarithm of the differential signal, (¶0069 “FIG. 4 shows a logarithmic scale of change of charge divided by voltage change (e.g., dO/dV) as a function of the voltage during the first formation charge cycle for cells with two different formation rates”) and based on the logarithm of the differential signal, determine the inflection point and the end of charge point. (¶0069 “solid line, with peaks between 1V and 4V, demonstrates that SEI formation is occurring within that potential window during charge”). It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to modify the SOH based control system, as taught by Matsubara, system wherein the control module is configured to determine the inflection point and the end of charge point based on the logarithm of the differential signal, as taught by Park, for the purpose of evaluating the performance of a battery cell and the degree of degradation over multiple charge/discharge cycles. Similarly as applied to the state of health (SOH) based method of claim 21. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsubara modified by Jauernig et al (US 20230375623 A1). Jauernig was filed on 20 May 2022 preceding the priority date of the application of 05 July 2022. Regarding claim 11, Matsubara teaches the SOH based control system of claim 1. Matsubara does not teach an SOH based control system wherein the control module is configured to filter at least one of the voltage signal and the differential signal to provide a filtered differential signal, and based on the filtered differential signal, determine the inflection point and the end of charge point. Jauernig teaches an SOH based control system wherein the control module is configured to filter at least one of the voltage signal and the differential signal to provide a filtered differential signal, (¶0054 “charge-discrete charge-derivative voltage dV/dQ filtering, input signal u.sub.k is dV/dQ, filtered signal x.sub.k is filtered dV/dQ”) and based on the filtered differential signal, determine the inflection point and the end of charge point. (¶0057 “the peak detection unit 310 detects the peak by performing zero-crossing detection algorithm based on the second charge-discrete charge-derivative voltage dV.sup.2/d.sup.2Q”). It would be obvious to one of ordinary skill in the art, at the time of the effective filing date, to modify the SOH based control system, as taught by Matsubara, to determine the inflection point and the end of charge point based on the filtered differential signal, as taught by Jauernig, for the purpose of reducing noise in the differential signal for more clear peak identification during SOH determination. Conclusion 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 LISA M KOTOWSKI whose telephone number is (571)270-3771. The examiner can normally be reached Monday-Friday 8a-5p. 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, Taelor Kim can be reached at (571) 270-7166. 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. /LISA KOTOWSKI/Examiner, Art Unit 2859 /TAELOR KIM/Supervisory Patent Examiner, Art Unit 2859
Read full office action

Prosecution Timeline

Aug 17, 2022
Application Filed
Aug 18, 2025
Non-Final Rejection — §102, §103
Nov 18, 2025
Examiner Interview Summary
Nov 18, 2025
Applicant Interview (Telephonic)
Nov 19, 2025
Response Filed
Feb 02, 2026
Final Rejection — §102, §103
Apr 01, 2026
Examiner Interview Summary
Apr 01, 2026
Applicant Interview (Telephonic)
Apr 03, 2026
Response after Non-Final Action

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3-4
Expected OA Rounds
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Grant Probability
99%
With Interview (+58.3%)
3y 3m
Median Time to Grant
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