Prosecution Insights
Last updated: April 19, 2026
Application No. 18/111,310

ATUOMATIC DISCHARGE OF DAMAGED BATTERIES IN ELECTRIC VEHICLES

Final Rejection §102
Filed
Feb 17, 2023
Examiner
PACHECO, ALEXIS BOATENG
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
CUMMINS INC.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2y 11m
To Grant
91%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
767 granted / 983 resolved
+10.0% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
53 currently pending
Career history
1036
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
25.4%
-14.6% vs TC avg
§112
5.6%
-34.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 983 resolved cases

Office Action

§102
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 . Specification The title contains a typo. The following title is suggested: Automatic Discharge Of Damaged Batteries In Electric Vehicles. 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)(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. Claims 1 – 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kong (US 20230110889). Regarding claim 1, Kong teaches a computer-implemented method for operating an electrical machine system including one more batteries powering one or more electric machines (shown in figure 1 wherein an electrical machine system is a powertrain system of a vehicle), comprising: receiving, by one or more processors (defined in paragraph [0006] as an active management module. Paragraph [0076] teaches wherein battery management modules (BMS) are included in a battery housing), fault information representative of an isolation fault condition of a first of the one or more batteries (paragraph [0006] teaches wherein a fault condition is determined. Paragraph [0082] teaches wherein the battery may be isolated based on a fault condition. Figure 14 and paragraph [0129] teaches wherein a fault condition is detected) ; receiving, by one or more processors, battery condition information representative of one or more electrical or mechanical or thermal conditions of the first battery (defined in paragraph [0129] teaches wherein sensors determine the temperature and an abnormal temperature is defined as a fault); determining, by one or more processors in response to the isolation fault condition, whether to discharge the first battery based upon the battery condition information (Paragraph [0006] teaches wherein in response to detecting the existence of a fault condition, the battery is determined whether or not to be discharged. Figure 14 and defined in paragraphs [0130]-[0132] and if a faulty battery, interpreted as a suspicious battery block, is determined, a decision is made whether or not to discharge the battery as shown in step 1408) ; and causing, by one or more processors, the first battery to operate in a discharge mode when it is determined to discharge the first battery (Paragraph [0006] teaches wherein the battery is discharged. Paragraph [0132] teaches wherein the battery is determined to be discharged and proceeds to a discharging mode). Regarding claim 2, Kong teaches the computer-implemented method of claim 1, wherein receiving the fault information includes receiving fault information representative of an isolation fault inside the first battery (defined in paragraph [0129] teaches wherein sensors determine the temperature and an abnormal temperature is defined as a fault). Regarding claim 3, Kong teaches the computer-implemented method of claim 2, wherein the battery condition information includes information representative of one or more of coolant contamination, temperature, pressure or voltage (defined in paragraph [0129] teaches wherein sensors determine the temperature and an abnormal temperature is defined as a fault). Regarding claim 4, Kong teaches the computer-implemented method of claim 1, wherein the battery condition information includes information representative of one or more of coolant contamination, temperature, pressure or voltage (defined in paragraph [0129] teaches wherein sensors determine the temperature and an abnormal temperature is defined as a fault). Regarding claim 5, Kong teaches the computer-implemented method of claim 1, wherein determining whether to discharge the first battery includes determining, based upon the battery condition information, whether potentially hazardous battery discharge conditions exist (paragraphs [0006] and [0044] teaches wherein a safety fault condition is determined. Paragraph [0082] teaches wherein the battery may be isolated based on a fault condition. Figure 14 and paragraph [0129] teaches wherein a fault condition is detected). Regarding claim 6, Kong teaches the computer-implemented method of claim 5, wherein determining whether to discharge the first battery includes determining to not discharge the first battery when the battery condition information is representative of one or more of (1) no coolant contamination in the first battery, (2) a temperature of the first battery is representative of a potential thermal run-away condition, (3) a voltage of the first battery is representative of a potential over-discharge condition, or (4) a pressure or temperature of the first battery is representative of a potential fire (paragraph [0044] teaches wherein a thermal runaway condition may be detected). Regarding claim 7, Kong teaches the computer-implemented method of claim 1, wherein causing the battery to operate in the discharge mode comprises causing the battery to discharge to a level at which the battery can be accessed and transported without potential hazards (paragraph [0046] teaches wherein the batteries are discharge to a level to prevent potential safety hazards). Regarding claim 8, Kong teaches the computer-implemented method of claim 1, wherein causing the first battery to operate in the discharge mode comprises causing the first battery to discharge to a level lower than a predetermined operating range of levels (paragraph [0132] teaches wherein the battery may be discharged to a level of 0-20% or 0% - 5% of the state of charge). Regarding claim 9, Kong teaches the computer-implemented method of claim 1, wherein: the method further comprises receiving, by one more processors, isolation integrity information representative of isolation integrity of at least portions of the electrical machine system external to the first battery; and determining whether to discharge the first battery includes determining, by one or more processors in response to the isolation fault condition, whether to discharge the first battery based upon the battery condition information and the isolation integrity information (paragraph [0100] teaches wherein the an isolation integrity level is determined and used to determine whether to discharge the battery). Regarding claim 10, Kong teaches the computer-implemented method of claim 9, wherein determining whether to discharge the first battery includes determining to not discharge the first battery when the isolation integrity information is representative of an isolation fault of the electrical machine system external to the first battery (paragraph [0100] teaches wherein the an isolation integrity level is determined and used to determine whether to discharge the battery. The BMS which determines whether or not to discharge the battery includes a isolation integrity information). Regarding claim 11, Kong teaches the computer-implemented method of claim 1, further comprising causing, by one or more processors, one or both of (1) a notification of the battery discharge mode operation to be presented to an operator of the machine system, or (2) disablement of the machine system, when it is determined to discharge the first battery (paragraph [0093] teaches wherein a display item 520 is disclosed within the vehicle and provides the operator with vehicle information such as a discharge mode). Regarding claim 12, Kong teaches the computer-implemented method of claim 11, further comprising causing, by the one or more processors, one or both of (1) a notification of completion of the battery discharge mode operation to be presented to an operator of the machine system, or (2) enablement of the machine system by one or more others of the one or more batteries, upon completion of the discharge mode operation for the first battery (paragraph [0130] teaches wherein the batteries are discharged and upon completion the other blocks continue to power the vehicle loads). Regarding claim 13, Kong teaches the computer-implemented method of claim 1, further comprising causing, by the one or more processors, one or both of (1) a notification of completion of the battery discharge mode operation to be presented to an operator of the machine system, or (2) enablement of the machine system by one or more others of the one or more batteries, upon completion of the discharge mode operation for the first battery (paragraph [0130] teaches wherein the batteries are discharged and upon completion the other blocks continue to power the vehicle loads). . Regarding claim 14, Kong teaches the computer-implemented method of any of claim 1, wherein causing the first battery to operate in the discharge mode comprises causing the first battery to be coupled to a resistive load of the machine system external to the one or more batteries (paragraph [0099] teaches wherein the battery may be coupled to a resistive load). Regarding claim 15, Kong teaches the computer-implemented method of claim 14, wherein causing the first battery to operate in the discharge mode comprises causing the first battery to be coupled to an accessory component of the machine system that has functionality in the machine system in addition to use during the discharge mode operation, (paragraph [0090] teaches wherein the batteries may be discharged to a heater load, a seat heater). Regarding claim 16, Kong teaches the computer-implemented method of claim 13, wherein the electric machine includes an electric motor (paragraph [0064] teaches wherein the electric machine includes an electric motor item 198). Regarding claim 17, Kong teaches the computer-implemented method of claim 16, wherein the electric machine is a traction motor of an electric vehicle (paragraph [0004] teaches wherein the vehicle may be a hybrid vehicle. Hybrid vehicles are known in the art to comprise a traction motor). Regarding claim 18, Kong teaches the computer-implemented method of claim 17, wherein causing the first battery to operate in a discharge mode comprises causing the first battery to be coupled to an accessory component of the electric vehicle (paragraph [0090] teaches wherein the batteries may be discharged to a heater load, a seat heater). Regarding claim 19, Kong teaches the computer system for operating an electric machine system including one or more batteries powering an electric machine (shown in figure 1 wherein an electrical machine system is a vehicle), comprising: one or more processors (defined in paragraph [0006] as an active management module. Paragraph [0076] teaches wherein battery management modules (BMS) are included in a battery housing); and a program memory coupled to the one or more processors and storing executable instructions that when executed by the one or more processors cause the computer system to: receive fault information representative of an isolation fault condition of a first of the one or more batteries (paragraph [0006] teaches wherein a fault condition is determined. Paragraph [0082] teaches wherein the battery may be isolated based on a fault condition. Figure 14 and paragraph [0129] teaches wherein a fault condition is detected); receive battery condition information representative of one or more electrical or mechanical or thermal conditions of the first battery (defined in paragraph [0129] teaches wherein sensors determine the temperature and an abnormal temperature is defined as a fault); determine, in response to the isolation fault condition, whether to discharge the first battery based upon the battery condition information (Paragraph [0006] teaches wherein in response to detecting the existence of a fault condition, the battery is determined whether or not to be discharged. Figure 14 and defined in paragraphs [0130]-[0132] and if a faulty battery, interpreted as a suspicious battery block, is determined, a decision is made whether or not to discharge the battery as shown in step 1408); and causing the first battery to operate in a discharge mode when it is determined to discharge the first battery (Paragraph [0006] teaches wherein the battery is discharged. Paragraph [0132] teaches wherein the battery is determined to be discharged and proceeds to a discharging mode). Regarding claim 20, Kong teaches the computer system of claim 19, wherein receiving the fault information includes receiving fault information representative of an isolation fault inside the first battery (defined in paragraph [0129] teaches wherein sensors determine the temperature and an abnormal temperature is defined as a fault). Response to Arguments Applicant's arguments filed 02/10/2026 have been fully considered but they are not persuasive. Regarding claim 1, the applicant argues that, the Kong reference dos not teach or suggest the approach recited by claims 1 and 19, for example, the reference does not teach or suggest, “determining, in response to an isolation fault condition, whether to discharge a battery based upon battery condition information.” Applicant’s argument is not persuasive. Kong detects potentially damaged batteries in an electrical machine system, including safety fault conditions which indicate potentially damaged batteries. Kong determines fault conditions, which may be representative of an “isolation fault” as an abnormal rise in temperature is monitored. A thermal fault is a type of internal battery condition that can trigger isolation. Claims 2 and 3 require temperature detection which Kong determines as an indication of an isolation fault. As disclosed above, Kong discloses receiving a fault information representative of a battery fault condition and determining whether a battery should be discharge in response to that condition. Specifically, Kong describes an active management module that determines whether a safety fault condition exists and based on that determination, takes corrective actions including isolating and discharging a battery (see Abstract; paragraphs [0006], [00082], [0129]-[0132] and figure 14). Kong futher teaches receives battery condition information representative of electrical, thermal, or other battery operating conditions. For example, Kong describes the use of sensors to monitor battery characteristics such as temperature and other operating parameters in order to detect abnormal battery conditions. Such monitored parameters constitute battery condition information representative of electrical, mechanical or thermal conditions of the battery. The control process shown in figure 14 discloses once a fault condition associated with a battery block is detected, the system evaluates the battery state and determines whether the battery should be discharged (step 1408; [0130]-[0132]). This evaluation relies on the monitored battery parameters and detected fault information to determine the appropriate response including whether to initiate discharge of the battery. Paragraph [0130] discloses, “If a suspicious 12 V block is detected operations 1406 and 1416 are performed. Operations 1406, 1408, 1410, 1412, 1414 may be performed while operations 1416, 1418, and 1420 are performed. This allows the suspicious battery block to be isolated, discharged, and checked out…” Thus Kong teaches, “determining, in response to an isolation fault condition, whether to discharge a battery based upon battery condition information.” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Us 6504344 B1 Monitoring Battery Packs Adams; William Et Al. Us 20200127469 A1 Battery System And Electric Vehicle Haindl; Michael Et Al. Us 20220115878 A1 Smart Battery Disconnect Khozikov; Vyacheslav Et Al. Us 10500962 B2 Vehicle Control Apparatus Kinoshito; Takahiro Us 20230261331 A1 A Battery Module And A Vehicle Morton; Douglas Et Al. Us 20200062138 A1 Vehicle Charging Station Smolenaers; Stefan Us 20200298722 A1 Integrated Charging System Smolenaers; Stefan Us 20200152938 A1 Modular Vehicle Battery Winger; Lyall K. Et Al. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALEXIS B PACHECO whose telephone number is (571)272-5979. The examiner can normally be reached M-F 9:00 - 5:30. 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. ALEXIS BOATENG PACHECO Primary Examiner Art Unit 2859 /ALEXIS B PACHECO/Primary Examiner, Art Unit 2859
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Prosecution Timeline

Feb 17, 2023
Application Filed
Nov 07, 2025
Non-Final Rejection — §102
Feb 10, 2026
Response Filed
Mar 07, 2026
Final Rejection — §102 (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

3-4
Expected OA Rounds
78%
Grant Probability
91%
With Interview (+12.9%)
2y 11m
Median Time to Grant
Moderate
PTA Risk
Based on 983 resolved cases by this examiner. Grant probability derived from career allow rate.

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