Prosecution Insights
Last updated: April 19, 2026
Application No. 18/176,712

APPARATUS SYSTEM AND METHOD FOR CONTROLLING A CHARGE OF A BATTERY PACK

Non-Final OA §102§103§112
Filed
Mar 01, 2023
Examiner
MCFARLAND, DANIEL PATRICK
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nxp Usa Inc.
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
3y 4m
To Grant
-50%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
1 granted / 2 resolved
-18.0% vs TC avg
Minimal -100% lift
Without
With
+-100.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
48 currently pending
Career history
50
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
14.7%
-25.3% vs TC avg
§112
30.4%
-9.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 resolved cases

Office Action

§102 §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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) was submitted on 03/01/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. “first group of drivers” and “second group of drivers” (claims 11, 19) The drawings do not identify which of the “drivers 116” make up each of the “first group of drivers” and the “second group of drivers”. “first part of each period” and “second part of each period” (claims 11, 19) The drawings (Figs. 5-6) are objected to because the unlabeled rectangular box(es) shown in the drawings should be provided with descriptive text labels. Although the boxes in the figures are briefly labeled (“a)-c)”, “a1-a3), b)”) which allows a correlation to each box as one reads the specification, these labels by themselves do not allow one to quickly ascertain the concept of the invention which is desirable during a later search of analogous art. The labels should be complimented with words spelled out (such as brief descriptions of each method step) to facilitate future searches. Replacement drawings in compliance with 37 CFR 1.84 and 37 CFR 1.121(d) are required. Corrected drawing sheets in compliance with 37 CFR 1.121(d) and/or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 9, 12, 14, and 17 are objected to because of the following informalities: Claims 9 and 17 each refer to both “a predetermined mapping algorithm” and “the mapping algorithm”. These are interpreted to be the same feature. Thus, the claim language should be revised to use the same term for the same feature. Appropriate correction is required. Claim 12 refers to both “electrical load resistors” and “the load resistors”. These are interpreted to be the same feature. Thus, the claim language should be revised to use the same term for the same feature. In the preamble of claim 14, the language “the charge” should be revised to “[[the]] a charge”. Appropriate correction is required. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. The term “control unit” in claims 1 and 14 is interpreted with its broadest reasonable interpretation. The Specification does not define sufficient structure for this claim limitation. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1 and 14 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim. Claims 1, 14: “control unit” Claims 2-13 and 15-19 are further rejected for their dependency on other rejected claims. 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 1-19 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. The claims 1 and 14 limitation “control unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of structure to perform the claimed functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. Claim 11, line 4 and claim 19, line 4 recite “all control signals”, which is indefinite. The language is unclear as to whether “all control signals” is referring to all of the prior-introduced “PWM control signals” alone or in addition to some other control signals that may or may not be PWM. For examination purposes, it is assumed “all control signals” simply means “the PWM control signals”. Claims 2-10, 12-13 and 15-18 are further rejected for their dependency on other rejected claims. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-6, 9-10, and 12- 18 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Onnerud et al. (US 2013/0278218 A1; hereinafter “Onn”). Regarding Claim 1, Onn discloses an apparatus (combination of “BMS controller 112” and “transistors QB” within each “120A-N”; Figs. 2B, 5) for controlling a charge (¶ [5]: “to balance charge”) of a battery pack (“battery pack 150”; Figs. 2A-2B) having a plurality of battery modules (“battery cells 160A-N”; Fig. 2B) connected in series. Onn further discloses each battery module (160A-N) including at least one battery cell (160A-C). PNG media_image1.png 957 1041 media_image1.png Greyscale Onn further discloses the apparatus (112 + QB’s) comprising a driver interface (terminal of each transistor “QB” that connects to “RB” within each “120A-N”; Fig. 5) for coupling with a resistor unit (combo of each “RB” within each “120A-N”; Figs. 2B, 5; ¶ [27]). Onn further discloses the apparatus (112 + QB’s) further comprising a driver unit (combo of each “transistor QB” within each “120A-N”; Figs. 2B, 5) connected to the driver interface (Fig. 5 shows connection of “balance control PWM signal” to “QB”). PNG media_image2.png 901 1489 media_image2.png Greyscale Onn further discloses the apparatus (112 + QB’s) further comprising a control unit (“microcontroller 118” within “BMS controller 112”; Figs. 2A-2B). Onn further discloses the driver interface (terminal of each transistor “QB” that connects to “RB” within each “120A-N”; Fig. 5) is configured to be connected to the battery pack (“150”, including cells “160A-N”) via the resistor unit (combo of multiple RB’s). Onn further discloses the driver unit (combo of multiple QB’s) comprises a plurality of drivers (QB) each configured to regulate the electrical charge (via current flow IB in Fig. 5) of a battery module (“cell” in Fig. 5) according to a pulse width modulated, PWM, control signal (“balance control PWM signal”; Figs. 5-6). Onn further discloses the control unit (118) is coupled (“balance control” signals output by “118” to each QB; Figs. 2B, 5) to each driver (QB). Onn further discloses the control unit (118) is configured to generate for each driver (QB within each “120A-N”) an associated PWM control signal (“balance control 1-N”; Fig. 2B) for individual control of the drivers (QB within each “120A-N”). Onn further discloses the control unit (118) is configured to transmit to each driver (QB within each “120A-N”) the associated PWM control signal (“balance control 1-N”; Fig. 2B). Onn further discloses that an electrical charge (¶ [5]: “to balance charge”) of the battery modules (160A-N) can be controlled individually (¶ [3]: “transfers energy from one cell to another to balance the energy stored in those cells”) by the control unit (118) via the PWM control signals (“balance control 1-N”). Regarding Claim 2, Onn discloses the apparatus according to claim 1. Onn further discloses the apparatus (112 + QB’s) additionally comprises a sensor interface (“V0, V1, V2, V3, … VM, VN” input terminals of “voltage multiplexor 115”; Fig. 2B) for coupling with the battery pack (150). Onn further discloses the apparatus (112 + QB’s) further comprises a sensor unit (“voltage monitor 130” of Fig. 2A, including “voltage multiplexor 115” and “analog/digital converter 116” of Fig. 2B) connected to the sensor interface (V0-N). Onn further discloses the sensor unit (130) is configured to detect module voltages (¶ [23]: “130 detects the voltage at the cells and/or modules and forwards this information to … 110”; ¶ [24]: “115 to receive an indication of voltage levels at each of the nodes between the battery cells 160A-N”; ¶ [24]: “converts the received voltage signals to data usable by … 118”) of the battery modules (160A-N) based on signals (V0-N) of the battery pack (150) representing electrical potentials at the battery pack (150). Onn further discloses the control unit (118) is configured to generate for each driver (QB) the associated PWM control signal (“balance control 1-N”) based on the module voltage (¶ [24]: “based on the voltage data, … 112 provides balancing control signals”) of the respective battery module (160A-N). Regarding Claim 3, Onn discloses the apparatus according to claim 1. Onn further discloses each driver (QB) is configured to change between an active state (on-state when 5V applied to QB; results in conduction such that IB ≈ 1; Fig. 6) and a deactivated state (off-state when 0V applied to QB; results in blocking conduction such that IB = 0; Fig. 6) according to the PWM control signal (“balance control 1-N”) for the respective driver (QB within each “120A-N”). Onn further discloses each driver (QB) is configured to reduce the charge (current IB ≈ 1; thus, charge is exiting the respective cell “160A-N”) of a battery module (160A-N) in the active state (5V applied to QB). Onn further discloses each driver (QB) is further configured to leave the charge of the battery module (160A-N) unchanged (current IB = 0; thus, no current is being drawn from the respective cell “160A-N”) in the deactivated state (0V applied to QB). PNG media_image3.png 933 1354 media_image3.png Greyscale Regarding Claim 4, Onn discloses the apparatus according to claim 3. Onn further discloses each driver (QB) is configured to change between the active state (on-state when 5V applied to QB) and the deactivated state (off-state when 0V applied to QB) in accordance with turn-on time (“ON” time determined from “Duty Cycle” of EQ 2 and “PWM frequency” per ¶ [29]), a turn-off time (determined from “ON” time and “PWM frequency”) or a duty cycle (“Duty Cycle” calculated in EQ 2; Fig. 6 shows behavior with example duty cycles of 10%, 50%, and 90%) of the PWM control signal (“balance control 1-N”) for the respective driver (QB within each “120A-N”). All three (turn-on time, turn-off time, duty cycle) are determined by the control unit (112) and used to generate the PWM signals (shown in annotated Fig. 6, included supra). Regarding Claim 5, Onn discloses the apparatus according to claim 3. Onn further discloses (see claim item mapping included supra in claim 2 rejection) the apparatus additionally comprises: a sensor interface for coupling with the battery pack, and a sensor unit connected to the sensor interface, wherein the sensor unit is configured to detect module voltages of the battery modules based on signals of the battery pack representing electrical potentials at the battery pack, wherein the control unit is configured to generate for each driver the associated PWM control signal based on the module voltage of the respective battery module. Onn further discloses the control unit (118) is configured to determine drivers (QB within each “120A-N”) to be activated based on the detected module voltages (¶ [8]: “enables the PWM control signal based on a detected voltage of the battery cell, to balance the battery cell”) of the battery modules (160A-N). Regarding Claim 6, Onn discloses the apparatus according to claim 5. Onn further discloses the control unit (118) is configured to generate for each driver (QB within 120A-N) to be activated (5V applied to QB during the on-state portion of the PWM control signal) by the associated PWM control signal (“balance control 1-N”) such that the driver (QB within 120A-N) generates a predetermined constant average discharge current (“balancing current IB” is selected, then the PWM duty cycle calculated from it; see annotated EQ 2 in ¶ [29], included infra; ¶ [27]: “the PWM signal varies the time average balancing current”; claim 9: “selecting a balancing current”) for reducing the electrical charge (¶ [8]: “partially discharge … the battery cell and thereby balance the cell relative to another cell … connected in series”; ¶ [37]: “lower the cell voltage to an acceptable value”) of the associated battery module (160A-N). PNG media_image4.png 886 1417 media_image4.png Greyscale Regarding Claim 9, Onn discloses the apparatus according to claim 1. Onn further discloses the control unit (“controller 112”) stores control data (¶ [29]: “balancing circuit resistance RB” value for executing EQ 2) which maps module voltages (Vcell) to turn-on times (“ON” time determined from “Duty Cycle” of EQ 2 and “PWM frequency” per ¶ [29]), turn-off times (determined from “ON” time and “PWM frequency”) and/or duty cycles (“Duty Cycle” calculated in EQ 2). All three (turn-on time, turn-off time, duty cycle) are determined by the control unit (112) and used to generate the PWM signals (shown in annotated Fig. 6, included supra). Onn further discloses the control unit (112) is configured to also use the control data (“RB” value) for each generation (¶ [11]: “provide an appropriate balancing current to each cell individually, accounting for different characteristics of each cell … balancing current that is specific to the cell”; ¶ [35]: “calculation of PWM duty cycle for each cell using EQ 2”) of a PWM control signal (“balance control 1-N”). Regarding Claim 10, Onn discloses the apparatus according to claim 1. Onn further discloses the control unit (“controller 112”) stores a predetermined mapping algorithm (equation EQ 2 in ¶ [29]), which, when executed by the control unit (112), maps module voltages (Vcell) to turn-on times (“ON” time determined from “Duty Cycle” of EQ 2 and “PWM frequency” per ¶ [29]), turn-off times (determined from “ON” time and “PWM frequency”) and/or duty cycles (“Duty Cycle” calculated in EQ 2). All three (turn-on time, turn-off time, duty cycle) are determined by the control unit (112) and used to generate the PWM signals (shown in annotated Fig. 6, included supra). Onn further discloses the control unit (112) is configured to also execute the mapping algorithm (EQ 2) for each generation (¶ [11]: “provide an appropriate balancing current to each cell individually, accounting for different characteristics of each cell … balancing current that is specific to the cell”; ¶ [35]: “calculation of PWM duty cycle for each cell using EQ 2”) of a PWM control signal (“balance control 1-N”). Regarding Claim 12, Onn discloses an apparatus according to claim 1. Onn further discloses a system (combination of “BMS controller 112” and “balancing electronics 120A-N”; Fig. 2B) for controlling the charge of a battery pack (“battery pack 150”; Figs. 2A-2B) having a plurality of battery modules (“battery cells 160A-N”; Fig. 2B) connected in series. Onn further discloses each battery module (160A-N) including at least one battery cell (160A-C). Onn further discloses the system (112 + 120A-N) comprising: an apparatus (combination of “BMS controller 112” and “transistors QB” within each “120A-N”; Fig. 2B) according to claim 1. Onn further discloses a resistor unit (combo of each “RB” within each “120A-N”; Figs. 2B, 5) with several electrical load resistors (“RB” within each “120A-N”; Fig. 5; ¶ [27]). Onn further discloses a system interface (see annotated Figs. 2A and 5, included supra; ) for coupling with the battery pack (150). Onn further discloses the system interface (see annotated Figs. 2A and 5) is electrically connected to the driver interface (drain terminals of QB’s; Fig. 5) of the apparatus (112 + QB’s) via the resistor unit (Fig. 5 shows RB connects between the system interface and the driver interface). Onn further discloses the load resistors (RB) each provide electrical resistance (¶ [27]: “RB having a fixed value”) between the driver interface (drain terminals of QB’s) and the system interface (see annotated Figs. 2A and 5). Regarding Claim 13, Onn discloses the system according to claim 12. Onn further discloses (see claim item mapping included supra in claim 2 rejection) the apparatus additionally comprises: a sensor interface for coupling with the battery pack, and a sensor unit connected to the sensor interface, wherein the sensor unit is configured to detect module voltages of the battery modules based on signals of the battery pack representing electrical potentials at the battery pack, wherein the control unit is configured to generate for each driver the associated PWM control signal based on the module voltage of the respective battery module. Onn further discloses the sensor interface (V0-N) is connected to the system interface (see annotated Fig. 2A). Regarding Claim 14, Onn discloses a method (¶ [7]: “methods … for operating battery packs … through periodic automated selection and adjustment of cell balancing current values”; ¶ [22]: “method for periodically selecting and adjusting cell balancing current during operation of the battery pack”; claim 9: “a method of balancing a plurality of battery cells”) for an apparatus (combination of “BMS controller 112” and “transistors QB” within each “120A-N”; Figs. 2B, 5) for controlling the charge (¶ [5]: “to balance charge”) of a battery pack (“battery pack 150”; Figs. 2A-2B) comprising a plurality of battery modules (“battery cells 160A-N”; Fig. 2B) connected in series. Onn further discloses each battery module (160A-N) comprising at least one battery cell (160A-C). Onn further discloses the apparatus (112 + QB’s) comprising a driver interface (terminal of each transistor “QB” that connects to “RB” within each “120A-N”; Fig. 5) for coupling to a resistor unit (combo of each “RB” within each “120A-N”; Figs. 2B, 5; ¶ [27]). Onn further discloses the apparatus (112 + QB’s) further comprising a driver unit (combo of each “transistor QB” within each “120A-N”; Figs. 2B, 5) connected to the driver interface (Fig. 5 shows connection of “balance control PWM signal” to “QB”). Onn further discloses the apparatus (112 + QB’s) further comprising a control unit (“microcontroller 118” within “BMS controller 112”; Figs. 2A-2B). Onn further discloses the driver interface (terminal of each transistor “QB” that connects to “RB” within each “120A-N”; Fig. 5) being connectable to the battery pack (“150”, including cells “160A-N”) via the resistor unit (combo of multiple RB’s). Onn further discloses the driver unit (combo of multiple QB’s) comprises a plurality of drivers (QB) each configured to regulate the electrical charge (via current flow IB in Fig. 5) of a battery module (“cell” in Fig. 5) according to a pulse width modulated, PWM, control signal (“balance control PWM signal”; Figs. 5-6). Onn further discloses the control unit (118) being (“balance control” signals output by “118” to each QB; Figs. 2B, 5) to each driver (QB within each “120A-N”) for transmitting an associated PWM control signal (“balance control 1-N”; Fig. 2B). Onn further discloses the method comprises the steps of the following. Onn further discloses to generate PWM control signals (“balance control 1-N”; ¶ [8]: “generates a pulse-width-modulated (PWM) control signal”; claim 9: “generating a pulse-width modulated (PWM) signal”) for the drivers (QB within each “120A-N”). Onn further discloses transmitting each PWM control signal (“balance control 1-N”) generated for one of the drivers (QB) from the control unit to the respective driver (QB within each “120A-N”). Onn further discloses that each driver (QB within each “120A-N”) is individually controlled (¶ [3]: “transfers energy from one cell to another to balance the energy stored in those cells”) by the respective transmitted PWM control signal (“balance control 1-N”) to regulate the electrical charge (¶ [5]: “to balance charge”) of the associated battery module (160A-N). Regarding Claim 15, Onn discloses the method according to claim 14. Onn further discloses the apparatus (112 + QB’s) comprises a sensor interface (“V0, V1, V2, V3, … VM, VN” input terminals of “voltage multiplexor 115”; Fig. 2B) for coupling to the battery pack (150). Onn further discloses the apparatus (112 + QB’s) further comprises a sensor unit (“voltage monitor 130” of Fig. 2A, including “voltage multiplexor 115” and “analog/digital converter 116” of Fig. 2B) connected to the sensor interface (V0-N). Onn further discloses the method further comprising the following steps a1) to a3), which specify step a). Onn further discloses detecting of the module voltages (claim 9: “monitoring a voltage across a battery cell”; ¶ [23]: “130 detects the voltage at the cells and/or modules and forwards this information to … 110”; ¶ [24]: “115 to receive an indication of voltage levels at each of the nodes between the battery cells 160A-N”; ¶ [24]: “converts the received voltage signals to data usable by … 118”) of the battery modules (160A-N) by the sensor unit (130) based on a signal (V0-N) from the battery pack (150) representing electrical potentials at the battery pack (150). Onn further discloses determining (¶ [37]: “if any of the battery cells are detected to have a voltage above a reference voltage threshold VREF, then a respective balancing circuit is activated”) the drivers QB within 120A-N) to be activated by the control unit (118) depending on the module voltages of the battery modules (160A-N). Onn further discloses generating for each driver (QB within 120A-N) to be activated the associated PWM control signal (“balance control 1-N”) by the control unit (118) such that the respective driver (QB within 120A-N) generates a predetermined constant average discharge current (“balancing current IB” is selected, then the PWM duty cycle calculated from it; see annotated EQ 2 in ¶ [29], included supra; ¶ [27]: “the PWM signal varies the time average balancing current”; claim 9: “selecting a balancing current”) for reducing the electrical charge (¶ [8]: “partially discharge … the battery cell and thereby balance the cell relative to another cell … connected in series”; ¶ [37]: “lower the cell voltage to an acceptable value”) of the associated battery module (160A-N). Regarding Claim 16, Onn discloses the apparatus of claim 2. Onn further discloses (see claim item mapping included supra in claim 3 rejection) each driver is configured to change between an active state and a deactivated state according to the PWM control signal for the respective driver, wherein each driver is configured to reduce the charge of a battery module in the active state and to leave the charge of the battery module unchanged in the deactivated state. Regarding Claim 17, Onn discloses the apparatus according to claim 2. Onn further discloses (see claim item mapping included supra in claim 9 rejection) the control unit stores control data which maps module voltages to turn-on times, turn-off times and/or duty cycles, and wherein the control unit is configured to also use the control data for each generation of a PWM control signal. Regarding Claim 18, Onn discloses the apparatus according to claim 2. Onn further discloses (see claim item mapping included supra in claim 10 rejection) the control unit stores a predetermined mapping algorithm which, when executed by the control unit, maps module voltages to turn-on times, turn-off times and/or duty cycles, and wherein the control unit is configured to also execute the mapping algorithm for each generation of a PWM control signal. 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 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Onnerud et al. (US 2013/0278218 A1; hereinafter “Onn”) in view of the Wang et al. article (Shun-Chung Wang, A Fast Equalizer with Mechanisms of Bidirectional Energy Transfer and Balancing Current Control, 2020, 3rd IEEE International Conference on Knowledge Innovation and Invention, pages 313-316). NOTE: As of the current date, the Wang reference is available at the following link: https://ieeexplore.ieee.org/document/9318956?source=IQplus Regarding Claim 7, Onn discloses the apparatus according to claim 6. Onn does not disclose “the sensor unit is configured to update the detected module voltages of the battery modules continuously or by repeated sampling, and wherein the control unit is configured to control the average discharge current for a battery module by continuous or repeated adjustment of the PWM control signal based on the updated module voltage of the battery module such that the average discharge current is constant”. Wang teaches the sensor unit (combination of “differential voltage sensing circuit” and “analog to digital converter (ADC) imbedded in the DSP” per page 314, section A: “System Architecture”; Fig. 3) is configured to update the detected module voltages (cell voltage values VBG1 and VBG2 in the equation “(4)” used to calculate duty cycles DQ1 and DQ2 of the gating signals to Q1 and Q2, respectively) of the battery modules (“cells B1-4”; Fig. 2) by repeated sampling (page 314: ADC is used to produce “digitized data”; thus, repeatedly sampled; page 315: “balance cycle is consecutive until the end of the balance time”). Wang further teaches the control unit (page 314, Topology of Equalizer Power Stage: “balance paths to be controlled by the digital signal processor (DSP)”) is configured to control the average discharge current (“target value of the balance current ILm” in equation “(4)”; page 315) for a battery module (one of “cells B1-4”; Fig. 2) by repeated adjustment (Fig. 5: “subroutine for duty cycle determination”; repeats until “end of balance time”) of the PWM control signal (“gating signals” of Fig. 3; page 314, section A, System Architecture: “PWM gate signals drive the main switches of the equalizer power circuit to regulate the balance current during the balance period”). Wang further teaches this adjustment is based on the updated module voltage (cell voltage values VBG1 and VBG2 in the equation “(4)” page 313, Introduction: “duty cycle can be adaptively modulated with the change in SOC/voltage differences …”) of the battery module (one of “cells B1-4”) such that the average discharge current is constant (page 313, Introduction: “… to maintain balancing current nearly constant through the equalization process”; page 315, section B, Balance Strategy: “VDC approach is addressed to figure out the corresponding duty cycle of each main switch that can make balancing current constant”). Wang further teaches the updated module voltage detection by the sensor unit and the adjustment of the PWM control signal by the control unit to shorten the balance time (page 316, Conclusion). It would have been obvious to one of ordinary skill in the art to modify the sensor unit and control unit disclosed by Onn to update the detected module voltages and control the average discharge current by repeated adjustment of the PWM control signal, as taught by Wang, to reduce the time needed to complete the rebalancing. Regarding Claim 8, the combination of Onn and Wang teaches the apparatus according to claim 7. Onn further discloses (see claim item mapping included supra in claim 4 rejection) each driver is configured to change between the active state and the deactivated state in accordance with a turn-on time, a turn-off time or a duty cycle of the PWM control signal for the respective driver. Onn does not disclose “the control unit is configured to control the average discharge current for a battery module by continuous or repeated adjustment of a turn-on time, a turn-off time, or a duty cycle of the PWM control signal based on the updated module voltage of the battery module such that the average discharge current is constant”. Wang further teaches the control unit (“DSP”) is configured to control the average discharge current (“target value of the balance current ILm” in equation “(4)”; page 315) for a battery module (one of “cells B1-4”; Fig. 2) by repeated adjustment (Fig. 5: “subroutine for duty cycle determination”; repeats until “end of balance time”) of a turn-on time (because “switching period Ts” is constant and duty cycle DQ1 is adjusted, the turn-on time is also adjusted), a turn-off time (because “switching period Ts” is constant and duty cycle DQ1 is adjusted, the turn-on time is also adjusted), or a duty cycle (equation “(4)” used to calculate duty cycles DQ1 and DQ2 of the gating signals to Q1 and Q2, respectively; Fig. 5: “subroutine for duty cycle determination”; repeats until “end of balance time”) of the PWM control signal (“gating signals” of Fig. 3; page 314, section A, System Architecture: “PWM gate signals drive the main switches of the equalizer power circuit to regulate the balance current during the balance period”). Wang further teaches this adjustment is based on the updated module voltage (cell voltage values VBG1 and VBG2 in the equation “(4)” page 313, Introduction: “duty cycle can be adaptively modulated with the change in SOC/voltage differences …”) of the battery module (one of “cells B1-4”) such that the average discharge current is constant (page 313, Introduction: “… to maintain balancing current nearly constant through the equalization process”; page 315, section B, Balance Strategy: “VDC approach is addressed to figure out the corresponding duty cycle of each main switch that can make balancing current constant”). Wang further teaches repeatedly adjusting the turn-on time, turn-off time, and duty cycle of the PWM signal based on update module voltage to maintain constant average discharge current to shorten the balance time (page 316, Conclusion). It would have been obvious to one of ordinary skill in the art to modify the control unit disclosed by the combination of Onn and Wang to repeatedly adjust the turn-on time, turn-off time, and duty cycle of the PWM signal based on update module voltage to maintain constant average discharge current, as further taught by Wang, to reduce the time needed to complete the rebalancing. Claims 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Onnerud et al. (US 2013/0278218 A1; hereinafter “Onn”) in view of Kitagawa et al. (US 2019/0181658 A1; hereinafter “Kit”). Regarding Claims 11 and 19, Onn discloses the apparatus according to claim 1 and claim 2. Onn further discloses the control unit (118) is configured to generate the PWM control signals (“balance control 1-N”). Onn further discloses that all control signals (“balance control 1-N”) are based on a common PWM cycle (all “balance control 1-N” signals operate with a “PWM frequency” selected “by the pack designer” per ¶ [28-29]) having a constant time duration (“PWM frequency” means there is a PWM period; there is no mention of a changing PWM frequency during operation, thus interpreted to be a constant period) for each period of the PWM cycle (see annotated Fig. 6, included supra, depicting cycle for a “balance control PWM signal”). Onn does not disclose “the drivers of the driver unit are grouped into a first group of drivers and a second group of drivers”. Onn further does not disclose “the control unit is configured to activate only the drivers of the first group in a first part of each period and to activate only the drivers of the second group in a second part of each period”. Kit teaches the drivers of the driver unit are grouped (¶ [39]) into a first group (combo of each “discharge switch 22” provided for the odd number cells “C3, C5, C7” of Figs. 1-2; “odd number cell switch” in Fig. 3) of drivers (plurality of “discharge switch 22”; Figs. 1-2) and a second group (combo of each “discharge switch 22” provided for the even number cells “C2, C4, C6, C8” of Figs. 1-2; “even number cell switch” in Fig. 3) of drivers (22). PNG media_image5.png 869 1146 media_image5.png Greyscale Kit further teaches the control unit (¶ [39]: “control unit controls the discharge switch to discharge respective battery cell groups at mutually different discharge timings”) is configured to activate only the drivers of the first group (switches “22” for odd number cells; Fig. 2 shows current flow paths through first group during the first part of the period) in a first part of each period (only “odd number cell switch” is activated in first part from “t1” to “t5”; see annotated Fig. 3, included infra). Kit further teaches the control unit (¶ [39]) is further configured to activate only the drivers of the second group (switches “22” for even number cells) in a second part of each period (only “even number cell switch” is activated in second part after “t5”; annotated Fig. 3). PNG media_image6.png 930 1172 media_image6.png Greyscale Kit further teaches a first group activated during a first part of the PWM period and a second group activated during a second part of the PWM period because the switch timing of Kit allows for off-periods in which more accurate measurements of the cell voltages can be made (¶ [5, 10, 72]). It would have been obvious to one of ordinary skill in the art to modify the apparatus disclosed by Onn to group the drivers into two groups, each activated during a different part of the PWM period, as taught by Kit, because the switch timing of Kit allows for off-periods/dead-times in which more accurate measurements of the cell voltages can be made. This modification also enables more simple control of the switches by grouping them for common control, rather than individually controlling each switch separately. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Though not relied upon, Miura et al. (US 2012/0161708 A1) teaches a similar apparatus and system to the claimed invention. Annotated Fig. 5 is included infra for reference. PNG media_image7.png 902 1416 media_image7.png Greyscale Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel P McFarland whose telephone number is (571)272-5952. The examiner can normally be reached Monday-Friday, 7:30 AM - 4:00 PM Eastern. 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 571-272-2312. 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. /DANIEL P MCFARLAND/ Examiner, Art Unit 2859 /DREW A DUNN/ Supervisory Patent Examiner, Art Unit 2859
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Prosecution Timeline

Mar 01, 2023
Application Filed
Dec 11, 2025
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
50%
Grant Probability
-50%
With Interview (-100.0%)
3y 4m
Median Time to Grant
Low
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