Prosecution Insights
Last updated: April 19, 2026
Application No. 18/165,388

METHOD AND DEVICE FOR BALANCING A BATTERY STATE

Non-Final OA §101§103§112
Filed
Feb 07, 2023
Examiner
PACHECO, ALEXIS BOATENG
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Simplo Technology Co. Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
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

§101 §103 §112
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. Claims 1 – 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to a judicial expression, an Abstract Idea, without significantly more. Step 2A, Prong 1: Judicial Exception Claim 1 recites the following limitations: Obtaining voltage information and current information; Determining whether the obtained voltage information is open-circuit voltage (OCV) Determining whether balanced voltages are located on a curve fragment; Calculating balanced capacities; Calculating balanced capacity differences; Adjusting capacities according to calculated differences. These are mathematical concepts, including mathematical relationships, calculations, and data evaluation. Thus, the claim recites an Abstract Idea. Step 2B, Prong 2: Integration into a practical application Claims 1 – 11 do not integrate the Abstract Idea into a Practical Application. Although the claims pertain to the batteries and “balanced capacities,” the steps consist of: Data gathering (obtaining voltages and currents) Mathematical processing (calculating voltages, capacities and differences), and Conceptually, “adjusted capacities” which is interpreted as adjusting calculated capacity values and not performing any recited physical charging/discharging action. Thus, the claim does not amount to an improvement in battery technology, but instead uses generic computer processing to execute mathematical calculations. Step 2B: Inventive Concept Claims 1 – 11 do not include additional elements that amount to significantly more than the Abstract Idea. The “processor,” “register” and “measuring device” recited in claims 9 -11 are generic components performing their ordinary functions, which are insufficient to provide and inventive concept. The remaining elements consist only of calculations involving working voltages, open-circuit voltages, curve fragments, aging compensation parameters. These are well-understood routine and conventional BMS operations. Accordingly, the claims fail to provide significantly more than the judicial exception. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1, 3, 7, and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "balanced voltage" in line 8. There is insufficient antecedent basis for this limitation in the claim. The term, “…determining whether balanced voltages…” lacks antecedent basis because there is no indication of “calculating a balanced voltage.” Claim 1 recites the limitation "working voltage" and “aging voltage compensation parameters” in lines 8 and 9. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites, “the same curve fragment,” line 10. There is no previous indication of a “curve” or “curve fragment” or determination thereof. There is insufficient antecedent basis for this limitation. Claim 4 recites, “previous voltage information and current information.” There is insufficient antecedent basis for this limitation. It is unclear whether the voltage and current information claimed in claim 1, from which claim 4 depends, is the “previous voltage and current information” as there is no indication that these values are stored and perhaps used as a historical value. Indefiniteness Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: The claims are missing how to “calculate balanced capacities” and “wherein the capacities of plurality of battery packs are adjusted.” It is unclear whether “adjusted” refers to modifying a capacity estimate, or charging or discharging the battery. Claims 7 and 8 recite, “a last working current that is not 0 ampere” which is ambiguous. 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. Claims 1 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Tyagi (US 20220021221) in view of Keene (US 20230246458). Regarding claim 1, *** teaches a method for balancing a battery state (paragraph [0001] discloses a method for balancing a battery state or power within a battery), comprising: obtaining voltage information and current information of a plurality of battery packs (paragraph [0047] teaches wherein voltage and current of the battery packs is obtained, interpreted as measuring the current and voltage); determining whether the obtained voltage information of the plurality of battery packs is open circuit voltage (paragraph [0047] teaches wherein an open circuit voltage of the battery packs is measured); determining whether balanced voltages calculated according to working voltages of the plurality of battery packs and aging voltage compensation parameters of the plurality of battery packs are all located on the same curve fragment when the voltage information of the plurality of battery packs is the working voltages (paragraphs [0046] and [0047] teach determining a working voltage interpreted as voltage measured during charging and discharging. Balanced voltages are determined as the voltage is measured and an aging voltage compensation, a State of health (SOH) value is determined from the voltage. These values are used to determine if the voltage is balanced or a mismatch is determined. These values are correlated with values on a look up table, which may also be a curve); calculating balanced capacities of the plurality of battery packs via aging capacity compensation parameters of the plurality of battery packs when determining that the voltage information of the plurality of battery packs is the open circuit voltages (paragraph [0047] teaches wherein the balanced capacities or state of charge is determined based on aging capacity compensation, interpreted as State of Health (SOH) after determining the value of an Open Circuit Voltage (OCV)), calculating balanced capacity differences of the plurality of battery packs by using the balanced capacities of the plurality of battery packs (paragraph [0049] teaches wherein balancing capacity is interpreted as balancing the state of charge by charging and discharging is determined. The capacity or State of Charge (SOC) of a plurality of battery packs is determined, then a difference between capacities or SOC is calculated), wherein capacities of the plurality of battery packs are adjusted according to the balanced capacity differences corresponding to the plurality of battery packs to balance battery capacities among the plurality of battery packs (paragraph [0044] teaches wherein the control unit 110 dynamically balances the power in the battery pack 108 during charging and discharging. The control unit 110 dynamically balances the power in the battery pack 108 by controlling a differential current and transferring current from a block associated with a higher capacity or state of charge (SOC) to a block associated with a lower capacity or SOC). Tyagi suggests values on a curve, interpreted as a lookup table, which is known in the art to correlate to curve, but does not explicitly teach wherein a plurality of battery packs are all located on the same curve fragment when the voltage information of the plurality of battery packs is the working voltages or when determining that the balanced voltages of the plurality of battery packs are all located on the same curve fragment. Keene teaches wherein determining whether balanced voltages calculated according to working voltages of the plurality of battery packs and aging voltage compensation parameters of the plurality of battery packs are all located on the same curve fragment or when the voltage information of the plurality of battery packs is the working voltages or when determining that the balanced voltages of the plurality of battery packs are all located on the same curve fragment (defined in paragraph [0043] wherein the balanced capacities, interpreted as a State of Charge (SOC) of a plurality of batteries and its relationship between voltages, Open Circuit Voltage (OCV) and aging voltage compensation or state of health (SOH) is modeled on a curve or a hysteresis. Paragraph [0044] teaches wherein the values are determined if they fit on a curve or a portion (fragment) of the curve). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. PNG media_image1.png 555 788 media_image1.png Greyscale Tyagi figure 2 shows a battery system which is dynamically balanced. Regarding claim 2, Tyagi teaches the method of claim 1, further comprising: and calculating balanced capacities of the plurality of battery packs by using the available capacities ([0047], wherein available capacities, a capacity of the battery, remaining capacity and a nameplate capacity) and the aging capacity compensation parameters of the plurality of battery packs (paragraph [0049] teaches wherein balancing capacity is interpreted as balancing the state of charge by charging and discharging is determined. The capacity or State of Charge (SOC) of a plurality of battery packs is determined, then a difference between capacities or SOC is calculated). Tyagi teaches obtaining available capacities corresponding to the open circuit voltages of the plurality of battery packs according to a State of Charge-Open Circuit Voltage (SoC-OCV) (defined in paragraph [0047], wherein available capacities, a capacity of the battery, remaining capacity and a nameplate capacity is determined according to a State of Charge-Open Circuit Voltage look up table), but does not explicit teach the values according to a curve when determining that the voltage information of the plurality of battery packs is the open circuit voltages. Keene teaches the values, State of Charge and an Open Circuit Voltage according to a curve when determining that the voltage information of the plurality of battery packs is the open circuit voltages (defined in paragraph [0043] wherein the balanced capacities, interpreted as a State of Charge (SOC) of a plurality of batteries and its relationship between voltages, Open Circuit Voltage (OCV) and aging voltage compensation or state of health (SOH) is modeled on a curve or a hysteresis. Paragraph [0044] teaches wherein the values are determined if they fit on a curve or a portion (fragment) of the curve). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. Regarding claim 3, Tyagi teaches the method of claim 1, further comprising: calculating the balanced voltages of the plurality of battery packs according to the working voltages, working currents of the current information, and the aging voltage compensation parameters of the plurality of battery packs when determining that the voltage information of the plurality of battery packs is the working voltages (paragraphs [0046] and [0047] teach determining a working voltage interpreted as voltage measured during charging and discharging. Balanced voltages are determined as the voltage is measured and an aging voltage compensation, a State of health (SOH) value is determined from the voltage. These values are determined as working as they are calculated and measured during charging and discharging); determining whether the balanced voltages of the plurality of battery packs are on the same curve fragment in a State of Charge-Open Circuit Voltage (SoC-OCV) curve (paragraphs [0046] and [0047] teach determining a working voltage interpreted as voltage measured during charging and discharging. Balanced voltages are determined as the voltage is measured and an aging voltage compensation, a State of health (SOH) value is determined from the voltage. These values are used to determine if the voltage is balanced or a mismatch is determined. These values are correlated with values on a look up table, which may also be a curve); obtaining available capacities corresponding to the balanced voltages of the plurality of battery packs according to the SoC-OCV curve when determining that the balanced voltages of the plurality of battery packs are all located on the same curve fragment (paragraph [0047] teaches wherein an available capacity, such as an initial SOC, is obtained by determining an SOC corresponding to the measured (balanced) voltage as it according to an Open-Circuit voltage look up table, which may be a curve); and calculating the balanced capacities of the plurality of battery packs by using the available capacities and the aging capacity compensation parameters of the plurality of battery packs (paragraph [0047] teaches wherein the balanced capacities or state of charge is determined based on aging capacity compensation, interpreted as State of Health (SOH) after determining the value of an Open Circuit Voltage (OCV)). Tyagi does not explicitly teach values according to a curve. Keene teaches values according to a curve (defined in paragraph [0043] wherein the balanced capacities, interpreted as a State of Charge (SOC) of a plurality of batteries and its relationship between voltages, Open Circuit Voltage (OCV) and aging voltage compensation or state of health (SOH) is modeled on a curve or a hysteresis. Paragraph [0044] teaches wherein the values are determined if they fit on a curve or a portion (fragment) of the curve). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. Regarding claim 4, Tyagi teaches the method of claim 1, further comprising: confirming whether there is previous voltage information and current information of the plurality of battery packs when the voltage information of the plurality of battery packs is the open circuit voltages (paragraph [0053] wherein the batteries are balanced based on learning from previous voltage and current information interpreted as historical stored values); Tyagi suggests updating, since the batteries are dynamically balanced based on continuous voltage and current measurements, does not explicitly teach updating the aging voltage compensation parameters of the plurality of battery packs when confirming that there is the previous voltage information and current information of the plurality of battery packs; and updating the aging capacity compensation parameters of the plurality of battery packs after confirming that there is the previous voltage information of the plurality of battery packs. Keene teaches updating the aging voltage compensation parameters of the plurality of battery packs when confirming that there is the previous voltage information and current information of the plurality of battery packs; and updating the aging capacity compensation parameters of the plurality of battery packs after confirming that there is the previous voltage information of the plurality of battery packs (paragraphs [0044] and [0049] teaches wherein an SOC and SOH model is based on previously stored, historical values. Paragraphs [0053]-[0054] teaches updating an aging voltage compensation parameter, interpreted as a State of Health, SOH). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. Regarding claim 5, Tyagi teaches the method of claim 4, but does not explicitly teach further comprising a sub-method of updating the aging voltage compensation parameters of the plurality of battery packs, comprising: calculating working voltage differences of the plurality of battery packs according to the open circuit voltages and working voltages of the previous voltage information of the plurality of battery packs (paragraphs [0046] and [0047] teach determining a working voltage interpreted as voltage measured during charging and discharging according to Open Circuit Voltages and previous voltage values stored in a lookup table. Tyagi suggests updating as the batteries are dynamically balanced according to voltage and current measurements). Tyagi suggests updating as the batteries are dynamically balanced, but does not explicitly teach updating new aging voltage compensation parameters of the plurality of battery packs according to working currents of the previous current information and the working voltage differences of the previous voltage information of the plurality of battery packs. Keene teaches updating new aging voltage compensation parameters of the plurality of battery packs according to working currents of the previous current information and the working voltage differences of the previous voltage information of the plurality of battery packs (defined in paragraph [0053] wherein new aging voltage compensation parameters, interpreted as SOH, is updated according to historical currents and voltages stored. Paragraphs [0044] and [0049] teaches wherein machine learning models are trained on historical values to determine and update an SOH). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. Regarding claim 6, Tyagi teaches the method of claim 4, further comprising a sub-method of updating the aging capacity compensation parameters of the plurality of battery packs, comprising: obtaining available capacities and working capacities of the plurality of battery packs via a State of Charge-Open Circuit Voltage (SoC-OCV) curve according to the open circuit voltages and working voltages of the previous voltage information of the plurality of battery packs (paragraph [0047], teaches wherein available capacities, a capacity of the battery, remaining capacity and a nameplate capacity are obtained according to a State of Charge-Open Circuit Voltage curve, which may be a look up table); calculating working capacity differences of the plurality of battery packs by using the available capacities and the working capacities of the plurality of battery packs (paragraph [0049] teaches wherein working capacity differences is interpreted as differences in the state of charge while charging and discharging. The capacity or State of Charge (SOC) of a plurality of battery packs is determined, then a difference between capacities or SOC is calculated). Tyagi suggests updating by dynamically balancing the capacity as the batteries are charged and discharged, but does not explicitly teach updating new aging capacity compensation parameters of the plurality of battery packs by using the working capacity differences of the plurality of battery packs (paragraphs [0044] and [0049] teaches wherein an SOC and SOH model is based on previously stored, historical values. Paragraphs [0053]-[0054] teaches updating an aging voltage compensation parameter, interpreted as a State of Health, SOH). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. Regarding claim 7, Tyagi teaches the method of claim 5, wherein the previous voltage information and current information of the plurality of battery packs are voltage information and current information of a last working current that is not 0 ampere before the open circuit voltages of voltage information of the plurality of battery packs are obtained (paragraph [0097] teaches wherein voltage and current information such as the change in voltage when a current is applied (not 0 ampere) and when current is not applied (0 ampere value) this value is stored before the open circuit voltage is determined). Regarding claim 8, Tyagi teaches the method of claim 6, wherein the previous voltage information and current information of the plurality of battery packs are voltage information and current information of a last working current that is not 0 ampere before the open circuit voltages of voltage information of the plurality of battery packs are obtained (paragraph [0097] teaches wherein voltage and current information such as the change in voltage when a current is applied (not 0 ampere) and when current is not applied (0 ampere value) this value is stored before the open circuit voltage is determined). Regarding claim 9, Tyagi teaches the device for balancing a battery state (shown in figure 1 item 100), comprising: a plurality of battery packs (figure 1 item 108 and figure 2 and [0043] teaches a plurality of battery packs which includes one or more modules); a voltage measuring device and a current measuring device electrically connected to the plurality of battery packs to obtain voltage information and/or current information of the plurality of battery packs (paragraph [0046] teaches wherein the SOC unit in figure 1 item 106 measures the voltage and current); a register communicatively connected to the voltage measuring device and the current measuring device to record the voltage information and/or the current information of the plurality of battery packs (defined in paragraph [0047] as a nonvolatile memory element that stores a lookup table); and a processor communicatively connected to the register to execute the method of claim 1 (paragraph [0047] teaches a memory connected with a microprocessor). Regarding claim 10, Tyagi teaches the device of claim 9, wherein the plurality of battery packs are connected in series with each other, and each of the plurality of battery packs includes at least one cell (figure 2 and paragraph [0044] shows wherein the batteries may connected in series). Regarding claim 11, Tyagi teaches the device of claim 9, but does not explicitly teach wherein the register stores a State of Charge-Open Circuit Voltage (SoC-OCV) curve corresponding to a cell type of the plurality of battery packs. Keene teaches wherein the register stores a State of Charge-Open Circuit Voltage (SoC-OCV) curve corresponding to a cell type of the plurality of battery packs (defined in paragraphs [0040]- [0041] wherein the State of Charge-Open Circuit Voltage curve corresponds to different types of batteries such as a conventional battery and an Si/Li battery). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the charging system of the Tyagi reference with the charging system of the Keene reference so that the useful life of a battery is maximized. The suggestion/motivation for combination can be found in the Keene reference in paragraph [0041] wherein maximizing useful battery life is taught. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Us 20100247988 A1 State Judging Device Okumura; Motoyoshi Et Al. Us 12072390 B2 Detecting Battery Cell Imbalance Kondo; Hideo Us 20200384888 A1 Cell Balancing Hasan; Saad Et Al. Us 20210405121 A1 State-Of-Charge In Battery Zhang; Dong Et Al. Us 20210091423 A1 Balancing States Of Charge Becker; Jens Et Al. Us 20210119275 A1 Correcting SOC Of Battery Du; Mingshu Et Al. Us 20210208203 A1 Determining An Aging Difference Guo; Yi-Ren Us 20220393497 A1 Power Supply System For Preventing Battery Packs Connected In Parallel From Charging Each Other Kuo; Heng-Chen Et Al. Us 20240310446 A1 Real-Time Active Measurement Leduc; Hugo Et Al. Us 20220360091 A1 Battery Control Systems And Methods Nguyen; Tung Et Al. Us 20220285958 A1 State Of Charge (SOC) Of Battery Pack Li S Et Al. Us 20230034272 A1 Charging Method And Apparatus Liu; Sitong Et Al. Us 20230261481 A1 Cell Balancing Lesso; John P. Et Al. 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
Read full office action

Prosecution Timeline

Feb 07, 2023
Application Filed
Dec 04, 2025
Non-Final Rejection — §101, §103, §112 (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
78%
Grant Probability
91%
With Interview (+12.9%)
2y 11m
Median Time to Grant
Low
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