Prosecution Insights
Last updated: April 19, 2026
Application No. 18/166,607

CHARGING METHOD, DIAGNOSIS METHOD, CHARGER, AND DIAGNOSIS SYSTEM OF BATTERY, AND NON-TRANSITORY STORAGE MEDIUM

Non-Final OA §103
Filed
Feb 09, 2023
Examiner
TRISCHLER, JOHN T
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
89%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allow Rate
319 granted / 469 resolved
At TC average
Strong +21% interview lift
Without
With
+21.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
43 currently pending
Career history
512
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
16.3%
-23.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 469 resolved cases

Office Action

§103
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 abstract of the disclosure is objected to because it contains the exemplary and superfluous language “In a charging method of a battery of an embodiment,”. Remove at least the underlined portion. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1, 2, 4, 6, 8,9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Bergstrom et al (USPGPN 6008624; hereinafter Berg) in view of Ogawa et al (JP 2012141202) Independent Claim 1, Berg teaches a charging method (Figs. [1-7, 10A-12, esp. 1-4, 6, 7, 10A, 10B]) of a battery (50, see Figs. [8A-9B, esp. 8B]), comprising: Determining an increase resistance state of a battery from a first resistance/impedance value at a first time to a second resistance/impedance value at a second time (abstract, peaks of Figs. [1, 2, 6], Col 5 L 36 to Col 6 L69, Claim 1 describes detecting the increase representing that the resistance of the battery has increased to a peak value); and adjusting a current value of the charging current using a parameter representing an increase state of the second impedance to the first impedance as an index (see Figs. [3-7, 10A, 10B] along with Claim 1 which describes reducing the current value when the voltage/SOC as determined using the resistance value as an index value). Berg is silent to at each of a first time point and a second time point after a time point at which a predetermined time is elapsed from the first time point, measuring, concerning an impedance of the battery at a predetermined frequency, a first impedance at the first time point and a second impedance at the second time point by inputting a superimposed current obtained by superimposing a current waveform that periodically changes at the predetermined frequency on a charging current to the battery. Ogawa teaches at each of a first time point and a second time point after a time point at which a predetermined time is elapsed from the first time point, measuring, concerning an impedance of the battery at a predetermined frequency, a first impedance at the first time point and a second impedance at the second time point by inputting a superimposed current obtained by superimposing a current waveform that periodically changes at the predetermined frequency on a charging current to the battery (¶’s [09-13, 37-41, 167, 169, 172, esp. 09-13] describes using the impedance change value to determine an index parameter, i.e. OCV, which is related to that of Berg’s use of the impedance change value as indicating a SOC/voltage level at which the current needs to be reduced). Ogawa teaches this method serves to improve the efficiency of the system (¶’s [08, 10, 12, 14, 18, 167, 169]). It would have been obvious to one of ordinary skill in the art to modify Berg with Ogawa to provide improved accuracy. Independent Claim 8, Berg teaches a charger (Figs. 8A-9B) of a battery (50), comprising a processor (100) configured to: determining an increase resistance state of a battery from a first resistance/impedance value at a first time to a second resistance/impedance value at a second time (abstract, peaks of Figs. [1, 2, 6], Col 5 L 36 to Col 6 L69, Claim 1 describes detecting the increase representing that the resistance of the battery has increased to a peak value); and adjusting a current value of the charging current using a parameter representing an increase state of the second impedance to the first impedance as an index (see Figs. [3-7, 10A, 10B] along with Claim 1 which describes reducing the current value when the voltage/SOC as determined using the resistance value as an index value). Berg is silent to at each of a first time point and a second time point after a time point at which a predetermined time is elapsed from the first time point, measuring, concerning an impedance of the battery at a predetermined frequency, a first impedance at the first time point and a second impedance at the second time point by inputting a superimposed current obtained by superimposing a current waveform that periodically changes at the predetermined frequency on a charging current to the battery. Ogawa teaches at each of a first time point and a second time point after a time point at which a predetermined time is elapsed from the first time point, measuring, concerning an impedance of the battery at a predetermined frequency, a first impedance at the first time point and a second impedance at the second time point by inputting a superimposed current obtained by superimposing a current waveform that periodically changes at the predetermined frequency on a charging current to the battery (¶’s [09-13, 37-41, 167, 169, 172, esp. 09-13] describes using the impedance change value to determine an index parameter, i.e. OCV, which is related to that of Berg’s use of the impedance change value as indicating a SOC/voltage level at which the current needs to be reduced). Ogawa teaches this method serves to improve the efficiency of the system (¶’s [08, 10, 12, 14, 18, 167, 169]). It would have been obvious to one of ordinary skill in the art to modify Berg with Ogawa to provide improved accuracy. Independent Claim 9, Berg teaches a diagnosis system (Figs. 8A-9B) of a battery (50, see Fig. 8B), comprising: a charger according to claim 8 (see rejection above); a battery to which a charging current is supplied by the charger (50); and a diagnosis apparatus configured to diagnose the battery (100). Independent Claim 11, Berg teaches a non-transitory storage medium storing a charging program causing a computer (one of ordinary skill in the art understands that microprocessor 100 would include a memory to perform the functions of Figs. [3-7 and 10A-10C]) to: determining an increase resistance state of a battery from a first resistance/impedance value at a first time to a second resistance/impedance value at a second time (abstract, peaks of Figs. [1, 2, 6], Col 5 L 36 to Col 6 L69, Claim 1 describes detecting the increase representing that the resistance of the battery has increased to a peak value); and adjusting a current value of the charging current using a parameter representing an increase state of the second impedance to the first impedance as an index (see Figs. [3-7, 10A, 10B] along with Claim 1 which describes reducing the current value when the voltage/SOC as determined using the resistance value as an index value). Berg is silent to at each of a first time point and a second time point after a time point at which a predetermined time is elapsed from the first time point, measuring, concerning an impedance of the battery at a predetermined frequency, a first impedance at the first time point and a second impedance at the second time point by inputting a superimposed current obtained by superimposing a current waveform that periodically changes at the predetermined frequency on a charging current to the battery. Ogawa teaches at each of a first time point and a second time point after a time point at which a predetermined time is elapsed from the first time point, measuring, concerning an impedance of the battery at a predetermined frequency, a first impedance at the first time point and a second impedance at the second time point by inputting a superimposed current obtained by superimposing a current waveform that periodically changes at the predetermined frequency on a charging current to the battery (¶’s [09-13, 37-41, 167, 169, 172, esp. 09-13] describes using the impedance change value to determine an index parameter, i.e. OCV, which is related to that of Berg’s use of the impedance change value as indicating a SOC/voltage level at which the current needs to be reduced). Ogawa teaches this method serves to improve the efficiency of the system (¶’s [08, 10, 12, 14, 18, 167, 169]). It would have been obvious to one of ordinary skill in the art to modify Berg with Ogawa to provide improved accuracy. Dependent Claim 2, the combination of Berg and Ogawa teaches in the adjusting the current value of the charging current, the current value is adjusted based on whether the parameter serving as the index falls within a reference range from a lower limit value or more to an upper limit value or less (SOC between 0%-100%, V bat from 24V in Fig. 10A to step after “turn yellow LED on” in Fig. 10B, see further at least Figs. 3-6). Dependent Claim 4, the combination of Berg and Ogawa teaches in the measuring each of the first impedance and the second impedance, the superimposed current is input to the battery using a frequency within a frequency range of 0.005 Hz or more to 10 Hz or less as the predetermined frequency (¶[123] lists a range including 10Hz, thus overlapping the proposed range of Ogawa). Dependent Claim 6, the combination of Berg and Ogawa teaches in the measuring the first impedance, the first impedance is measured by defining one of a start of charging of the battery and a time point immediately after the start as the first time point (Berg: as seen in Figs. 3-6, along with Figs. 10A-10C, esp. Figs. [3, 6, 10B] shows that the resistance/impedance of the battery will start being measured from the start or near the start of charging). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of Ogawa, further in view of Maeagawa (USPGPN 20120086406; hereinafter Megaw) Dependent Claim 3, Berg teaches in the adjusting the current value of the charging current, if the parameter serving as the index falls within the reference range, the current value of the charging current is maintained, if the parameter serving as the index is larger than an upper limit value of the reference range, the current value of the charging current is decreased (as described above for claims 1 & 2) Berg is silent to if the parameter serving as the index is smaller than a lower limit value of the reference range, the current value of the charging current is increased. Megaw teaches if the parameter serving as the index is smaller than a lower limit value of the reference range, the current value of the charging current is increased (Figs. 2-4 shows that from the point of view of I6 corresponding to V2 to V3, if the voltage is less than or equal to V2, then the current is increased, if the voltage is between V2 and V3, then the current is maintained, and if the voltage is greater than V3, the current is decreased). ¶’s [51, 52, 79, 81, 83] describes that this method serves to provide excellent charging which has the dual purposes of decreasing the charging time (¶[81]) while also reducing the increase in degradation of a battery (¶’s [51, 83]) compared to similar methods (¶[83] which compares the method of Fig. 4 with that of Berg) It would have been obvious to one of ordinary skill in the art to modify Berg in view of Ogawa with Megaw to provide improved health/lifetime and speed. Claims 5, 7, 10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of Ogawa, further in view of Tanaka et al (USPGPN 20180321326) Dependent Claim 5, Berg teaches in the adjusting the current value of the charging current, adjusting an increase of the second impedance amount to the first impedance and the first impedance to the second impedance (as cited above). Berg is silent to the index, one of an increase ratio of the second impedance to the first impedance and an increase amount of the second impedance to the first impedance. Tanaka teaches one of an increase ratio of the second impedance to the first impedance and an increase amount of the second impedance to the first impedance (¶’s [95, 96] teaches this ratio is used for health purposes). ¶’s [97, 99] teaches this ratio determination serves to improve the efficiency and safety of the use of the battery, and the accuracy of the determination of the SOC and health is improved (see further abstract, ¶’s [01,04,10,16,21,22,26,41,63,65,67,78,81,82,84]). It would have been obvious to one of ordinary skill in the art to modify Berg in view of Ogawa with Tanaka to provide improved accuracy, efficiency, and safety. Dependent Claim 7, Berg teaches a diagnosis method of a battery (diagnosing of the impedance and SOC, see rejection of Claim 1 above), comprising: in a state in which the battery is charged by a charging current whose current value is adjusted by a charging method according to claim 1. Berg is silent to measuring a frequency characteristic of an impedance of the battery by superimposing a periodically changing current waveform on the charging current; and determining a degradation state of the battery based on a measurement result for the frequency characteristic of the impedance of the battery. Tanaka teaches measuring a frequency characteristic of an impedance of the battery by superimposing a periodically changing current waveform on the charging current; and determining a degradation state of the battery based on a measurement result for the frequency characteristic of the impedance of the battery (¶’s [63, 69, 70, 78] describes the application of an AC power [alternating current meaning periodically changing waveform which would be superimposed on the DC-direct-current power/current] to a battery, see ¶[69], and measuring the frequency characteristic/dependency in order to determine the degradation/health of the battery). Tanaka teaches the accuracy of the health/degradation is improved by this method (¶’s [01, 63, 65, 67, 78, esp. 63]) It would have been obvious to one of ordinary skill in the art to modify Berg in view of Ogawa with Tanaka to provide improved accuracy. Dependent Claim 10, Berg teaches a diagnosis method of a battery (diagnosing of the impedance and SOC, see rejection of Claim 1 above), comprising: Berg is silent to in a state in which the battery is charged by the charging current with an adjusted current value, the diagnosis apparatus measures a frequency characteristic of an impedance of the battery by superimposing a periodically changing current waveform on the charging current, and the diagnosis apparatus determines a degradation state of the battery based on a measurement result for the frequency characteristic of the impedance of the battery. Tanaka teaches in a state in which the battery is charged by the charging current with an adjusted current value, the diagnosis apparatus measures a frequency characteristic of an impedance of the battery by superimposing a periodically changing current waveform on the charging current, and the diagnosis apparatus determines a degradation state of the battery based on a measurement result for the frequency characteristic of the impedance of the battery (¶’s [63, 69, 70, 78] describes the application of an AC power [alternating current meaning periodically changing waveform which would be superimposed on the DC-direct-current power/current] to a battery, see ¶[69], and measuring the frequency characteristic/dependency in order to determine the degradation/health of the battery). Tanaka teaches the accuracy of the health/degradation is improved by this method (¶’s [01, 63, 65, 67, 78, esp. 63]). It would have been obvious to one of ordinary skill in the art to modify Berg in view of Ogawa with Tanaka to provide improved accuracy. Dependent Claim 12, Berg teaches a non-transitory storage medium storing a diagnosis program causing a computer to: in a state in which a battery is charged by a charging current whose current value is adjusted by executing the charging program stored in the non-transitory storage medium according to claim 11 (see above for Claim 11) Berg is silent to measure a frequency characteristic of an impedance of the battery by superimposing a periodically changing current waveform on the charging current; and determine a degradation state of the battery based on a measurement result for the frequency characteristic of the impedance of the battery. Tanaka teaches measure a frequency characteristic of an impedance of the battery by superimposing a periodically changing current waveform on the charging current; and determine a degradation state of the battery based on a measurement result for the frequency characteristic of the impedance of the battery (¶’s [63, 69, 70, 78] describes the application of an AC power [alternating current meaning periodically changing waveform which would be superimposed on the DC-direct-current power/current] to a battery, see ¶[69], and measuring the frequency characteristic/dependency in order to determine the degradation/health of the battery). Tanaka teaches the accuracy of the health/degradation is improved by this method (¶’s [01, 63, 65, 67, 78, esp. 63]). It would have been obvious to one of ordinary skill in the art to modify Berg in view of Ogawa with Tanaka to provide improved accuracy. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T TRISCHLER whose telephone number is (571)270-0651. The examiner can normally be reached 9:30A-3:30P (often working later), M-F, ET, Flexible. 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, Drew Dunn can be reached at 5712722312. 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. /JOHN T TRISCHLER/ Primary Examiner, Art Unit 2859
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Prosecution Timeline

Feb 09, 2023
Application Filed
Nov 21, 2025
Non-Final Rejection — §103 (current)

Precedent Cases

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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
68%
Grant Probability
89%
With Interview (+21.0%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 469 resolved cases by this examiner. Grant probability derived from career allow rate.

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