Prosecution Insights
Last updated: May 29, 2026
Application No. 18/225,274

SMART BATTERY

Non-Final OA §103
Filed
Jul 24, 2023
Priority
Jul 26, 2022 — provisional 63/392,398
Examiner
ST CYR, DANIEL
Art Unit
Tech Center
Assignee
Iontra Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
1138 granted / 1399 resolved
+21.3% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
40 currently pending
Career history
1436
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1399 resolved cases

Office Action

§103
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 § 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. Claim(s) 1-4, 9-11, 13-15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Konopka et al, US Pub. 2021/0328448, in view of Crisp et al, US Patent No. 6,222,343. Konopka et al disclose systems and methods for battery charging comprising: a computing device (210/1400) (Fig 14, para [0105], " .. computer system 1400 .. .is one embodiment of the circuit controller 210 that performs one of more of the operations described above .. "); and a battery module (battery cell 404 and associated circuitry 400 illustrated in Fig 4) in communication with the computing device (210/1400) (Fig 4, para [0057], " ... The circuit 400 may be controlled by a controller 210 to shape a recharging signal for a battery cell .. "), the battery module comprising: a battery (404 ); and a processing configuration (processing configuration of 210/1400 and related circuitry 406,418,420,428 in Fig 4) to charge the battery (404) consistent with a battery charging control instructions (implicit to programming of controller 210) (Fig 4, para (0057], " .. circuit for charging a battery cell...the controller 210 may be ... a micro-controller or microprocessor: .. The controller 210 may be configured or programmed to perform one or more of the operations discussed herein to control the performance of the shaping circuit 400 .. "), wherein the battery charging control instructions cause (via pulse control signal from controller 210) a switching circuit (406) of the computing device (210) (note: the transistor switch 406 is considered "of the computing device" since it operates in response to pulse control signal 416 from controller 210) comprising at least one switch (412) and at least one inductor (410) operably coupled with the at least one switch (412) to generate a charge signal for charging the battery (404) (Fig 4, para [0059], " .. The first transistor 412 may receive an input signal, such as pulse control signal 416 , to operate the first transistor 412 as a switching device .. ", para [0060], " .. a current or other form of an energy flux from the power rail 442 may be provided via the first inductor 410 and first transistor 412 to the battery cell 404 for charging the battery cell 404 while minimizing the high frequency noise effect .. "), wherein the generated charge signal includes at least one harmonically tuned aspect (Fig 4, para [0059], " .. The filter circuit 406 may include components that , in general , output a 9harge signal to battery cell 404 ... may include a leading edge at a harmonic at or near the frequency !Min 322 corresponding to the minimum real impedance value .. ", para [0061], " .. Each filter-circuit 406 ,418 may be independently controlled by the circuit controller 210 via individual pulse control signals 416 to filter out one or more harmonics from the current provided to charge the battery cell 404 .. "). Konopka et al fail to disclose that the battery module provides a power signal to the computing device. Crisp et al disclose a battery charger, a method for charging the battery, and a software program for operating the battery charger comprising: suggesting that a battery module provides a power signal to a computing device (i.e., microcontroller) that controls the charging (abstract, " .. software program for operating the battery charger. .. the battery under. charge supplies power to operate the circuit and the Microcontroller.", col 2, ln 64-67, "A further advantage of the present invention is that the battery being charged provides power to the low Voltage Supply which, in turn, Steps down and regulates a low Voltage Supply to the Micro controller."). In view of the teachings of Crips et al, it would have been obvious to a person of ordinary skill in the art at the time of the invention to have the battery module of Konopka et al to provide a power signal to the computing device to avoid a need for a separate power supply for the computing device, as suggested by Crisp et al (abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller.", col 2, In 64-67, "A further advantage of the present invention is that the battery being charged provides power to the low Voltage Supply which, in turn, Steps down and regulates a low Voltage Supply to the Microcontroller."). Regarding claim 2, Konopka et al in view of Crisp et al disclose the subject matter of claim 1, as described above, wherein the processing configuration (processing configuration of 210/1400 and related circuitry 406,418,420,428 in Fig 4) comprises a controller (210) configured to execute the battery charging control instructions (Konopka et al, Fig 4, para (0057], " .. .The circuit 400 may be controlled by a controller 210 to shape a recharging signal for a battery cell .. "). Regarding claim 3, Konopka et al in view of Crisp et al disclose the subject matter of claim 2. as described above, wherein the controller (210) is a microcontroller (Konopka et al, Fig 4, para [0057], " .. ,the controller 210 may be ... a micro-controller or microprocessor .. "). Regarding claim 4, Konopka et al in view of Crisp et al disclose the subject matter of claim 1, as described above, wherein the processing configuration comprises a memory storing information (implicit to microprocessor programming, also illustrated as main memory 1416 in Fig 14) for the battery charging control instructions to generate the charge signal for the battery (404) (Konopka et al, Fig 4, 14, para (0057), " .. circuit for charging a battery cell...the controller 210 may be ... a micro-controller or microprocessor ... The controller 210 may be configured or programmed to perform one or more of the operations discussed herein to control the performance of the shaping circuit 400 .. ", para (0105], " .. computer system 1400 ... is one embodiment of the circuit controller 210 that performs one of more of the operations described above ... main memory 1416 .. "). Regarding claim 9, Konopka et al in view of Crisp et al disclose the subject matter of claim 1, as described above, wherein the battery provides power to a computing device (from previous combination with Crisp et al, abstract, " .. software program for operating the battery charger .. .the battery under charge supplies power to operate the circuit and1the Microcontroller."). Konopka et al fail to disclose that at least a portion of the switching circuit is included in a computing device being powered by the battery. However, Crisp et al generally suggest that integrating components into a microcontroller being powered by a battery reduces costs and complexity (abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller.", col 3, In 1-4, "Yet another advantage of the present invention is that the Microcontroller includes integrated components which perform many of the required functions of the battery charger, reducing the cost and complexity of the battery charger."). It would have been obvious to. a person of ordinary skill in the art at the time of the invention to include at least a portion of the switching circuit of Konopka et al in view of Crisp et al in a computing device being powered by the battery to reduce cost and complexity, as suggested by CRISP (abstract, " .. software program for operating the battery charger., ,the battery under charge supplies power to operate the circuit and the Microcontroller.", col 3, In 1-4, "Yet another advantage of the present invention is that the Microcontroller includes integrated components which perform many of the required functions of the battery charger, reducing the cost and complexity of the battery charger."). Regarding claim 10, Konopka et al in view of Crisp et al disclose the subject matter of claim 1, as described above, wherein the at least one harmonically tuned aspect of the charge signal comprises a harmonic associated with an impedance value ("minimum real impedance value") of a computing device (210) powered by the battery (404) (Konopka et al, Fig 4, para (0057], " .. a controller 210 to shape a recharging signal for a battery cell based on a frequency !Min corresponding to a minimum impedance value .. ", para (0059], " .. a charge signal to battery cell 404 ... may include a leading edge at a harmonic at or near the frequency fMn 322 corresponding to the minimum real impedance value .. ", Crisp et al, abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller."). Regarding claim 11, Konopka et al in view of Crisp et al disclose the subject matter of claim 1, as described above, \\/herein the at least one harmonically tuned aspect of the charge signal comprises a non-linear leading edge (912 or 1314) (IONTRA, Fig 4, 9A, 13, para (0059], " .. a charge signal to battery cell 404 ... may .include a leading edge at a harmonic at or near the frequency fMn 322 corresponding to the minimum real impedance value .. ", para (0088], " .. each pulse 914 ,916 is asymmetric with a leading edge 912 distinctly shaped relative to the trailing edge 910 .. ", para (0102), '\.sinusoidal leading edge 1314.:'', note: the shape of leading edge 912 is deemed to be clearly a non­linear shape based on Fig 9A and the description as being asymmetric relative to trailing edge 910). Regarding claim 13, Konopka et al in view of Crisp et al disclose the subject matter of claim 11, as described above, wherein the charge signal (1304) further comprises a body portion comprising a first non-sinusoidal charge current (1308) following the non-linear leading edge (1314) (Konopka et al, Fig 13, para [0102], " .. charge signal 1304 ... sinusoidal leading edge 1314 ... controlled current 1308 .. ", note: current 1308 is illustrated as constant in Fig 13 which is "non-sinusoidal"). Regarding claim 14, Konopka et al in view of Crisp et al disclose the subject matter of claim 13, as described above, but fail to explicitly specify wherein the charge signal further comprises a rest portion comprising a second non-sinusoidal charge current following the body portion, the second non-sinusoidal charge current less than the •first non-sinusoidal charge current. However, Konopka et al suggest using a rest period during which time charge current decreases to zero (Fig 12A, 12B, para (0099), " .. Once the current 1210 has returned to zero amps for a particular rest period , another charge pulse 1202 may be applied to the battery cell..). It would have been obvious to a person of ordinary skill in the art at the time of the invention to provide the charge signal of Konopka et al in view of Crisp et al to further comprise a rest portion comprising a second non-sinusoidal charge current following the body portion, the second non-sinusoidal charge current less than the first non-sinusoidal charge current since Konopka et al suggest using a rest period during which time charge current decreases to zero to facilitate efficient battery charging (Fig 12A, 12B, para [0099), " .. Once the current 1210 has returned to zero amps for a particular rest period , another charge pulse 1202 may be applied to the battery cell..). Regarding claim 15, Konopka et al disclose a method of charging an electrochemical device (404) (Fig 4, abstract, "Methods and systems for charging ( recharging ) one or more battery cells .. ") comprising: determining, by a processing device (210) of a battery module (the "battery module" is deemed to correspond to battery cell 404 and associated circuitry 400 illustrated in Fig 4), a charge signal to charge a battery (404) of the battery module (210, 404), the battery module (210,404) in communication with a computing device (one of processors 1402, 1404, 1406) separate from the battery module (210,404) (Fig 4, 14, para [0057], " ... The circuit 400 may be controlled by a controller 210 lo shape a recharging signal for a battery cell .. ", para [0105], " .. a computing device or computer system 1400 which may be used in implementing the embodiments of the network disclosed above ... computer system (system) includes one or more processors 1402-1406 .. "); and transmitting battery charging control instructions (via pulse control signal from controller 21 O) to a switching circuit (406) of a computing device (210), the switching circuit (406) comprising at least one switch (412) and at least one inductor (410) operably coupled with the at least one switch (412), the battery charging control instructions causing the switching circuit (406) to generate the charge signal to charge the battery (404) of the battery module (Fig 4, para [0059], " .. The first transistor 412 may receive an input signal , such as pulse control signal 416, lo operate the first transistor 412 as a switching device .. ", para [0060], " .. a current or other form of an energy flux from the power rail 442 may be provided via the first inductor 410 and first transistor 412 to the, battery cell 404 for charging the battery cell 404 while minimizing the high frequency noise effect .. "), wherein the generated charge signal includes at least one harmonically tuned aspect (Fig 4, para [0059], " .. The filter circuit 406 may include components that , in general , output a charge signal to battery cell 404 ... may include a leading edge· al a harmonic at or near the frequency !Min 322 corresponding to the minimum real impedance value .. ", para [0061], " .. Each filter circuit 406, 418 may be independently controlled by the circuit controller 210 via individual pulse control' signals 416 to filter out one or more harmonics from the current provided lo charge the battery cell 404 .. "). IONTRA fails to disclose providing, by the battery, a power signal to power the computing device. Crisp et al also relate to battery charging and suggests that a battery module provide a power signal to a computing device (i.e., microcontroller) that controls the charging (abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller.", col 2, In 64-67, "A further advantage of the present invention is that the battery being charged provides power to the low Voltage Supply which, in turn, Steps down and regulates a low Voltage Supply to the Microcontroller."). It would have been obvious to a person of ordinary skill in the art at the time of the invention to have the battery module of Konopka et al to provide a power signal to the computing device to avoid a need for a separate power supply for the computing device, as suggested by CRISP (abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller.", col 2, In 64-67, "A further advantage of the present invention is that the battery being charged provides power to the low Voltage Supply which, in turn, Steps down and regulates a low Voltage Supply to the Microcontroller."). Regarding claim 19, Konopka et al in view of Crisp et al disclose the subject matter of claim 15, as described above, wherein at least a portion of the switching circuit (406) is included in the battery module (the "battery module" is deemed to correspond to battery cell 404 and associated circuitry 400 illustrated in Fig 4 of Konopka et al). Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Konopka et al in view of Clemente et al, US Pub 2016/0372801. The teachings of Konopka have been discussed above. Regarding claim 20, Konopka et al disclose a battery module (the "battery module" is deemed to correspond to battery cell 404 and associated circuitry 400 illustrated in Fig 4) comprising: a battery (404) and a processing configuration (400) lo charge the battery (404) consistent with battery charging control instructions by generating a charge signal (via pulse control signal from controller 210) through control of a switching circuit (406) comprising at least one switch (412) and at least one inductor (410) operably coupled with the at least one switch (412) (Fig 4, para [0059], " .. The first translator 412 may receive an input signal , such as pulse control signal 416 , to operate the first lransislor412 as a switching device .. ", para [0060], " .. a current or other form of an energy flux from the power rail 442 may be provided via the first inductor 410 and first transistor 412 to the battery cell 404 for charging the battery cell 404 while minimizing the high frequency noise effect .. "), wherein the generated charge signal includes at least one harmonically tuned aspect (Fig 4, para [0059], " .. The filter circuit 406 may include components that , in general , output a charge signal to battery cell 404 ... may include a leading edge at a harmonic at or near the frequency !Min 322 corresponding to the minimum real impedance value .. ", para [0061], " .. Each filter circuit 406 , 4􀂶8 may be independently controlled by the circuit controller 210 via individual pulse control signals 416 to filter out one or more harmonics from the current provided to charge the battery cell 404 .. "). Konopka et al fail to disclose a battery housing including the battery and the processing configuration. Clemente et al relate to battery control circuitry and suggests wherein processing circuit is included in a housing of the battery to provide high density integration (abstract," .. , an electronic switch and control circuit are integrated into the battery housing ... high density MOSFET .switch .. "). It would have been obvious to a person of ordinary skill in the art at the time of the invention to provide a battery housing including the battery and the processing configuration of Konopka et al to provide high density integration, as suggested by Clemente et al (abstract," ., an electronic switch and control circuit are integrated into the battery housing ... high density MOSFET switch .. "). Therefore, it would have been an obvious extension as taught by the prior art. Claim(s) 5-7 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Konopka et al in view of Crisp et al, and further in view of Iwaizono, US Patent No. 6,577,105. Regarding claim 5, Konopka et al in view of Crisp et al disclose the subject matter of claim 1, as described above, but fail to disclose wherein the battery module further comprises an overcharge/over-discharge protection circuit comprising a first switching device and a second switching device connected in series to control a charge signal to the battery. Iwaizono is also related to battery charging (abstract) and suggests an overcharge/over-discharge protection circuit comprising a first switching device (11) and a second switching device (12 or 13) connected in series to control a charge signal to the battery (3) (Fig 1, col 9, .In 31-45; " .. main protective circuit A that protects the battery against overcharging, over discharging, and over-current, and a sub protective circuit B that redundantly protects the recharge able battery 3 against overcharging in conjunction with the main protective circuit A. .. ln FIG. 1, a first FET (first switching means) 11 and a second FET12 that make up the main protective circuit A are serially connected to a third FET (second switching means) 13 that makes up the sub-protective circuit B between the negative electrode Side of the rechargeable battery 3 and a negative input/output terminal 5 .. "). It would have been obvious to a person of ordinary skill in the art at the time of the invention to provide the battery module of Konopka et al in view of Crisp et al to further comprise an overcharge/over-discharge protection circuit comprising a first switching device and a second switching device connected in series to control a charge signal to the battery to protect from battery breakdown, as suggested by Iwaizono (Fig 1, abstract, col 9, In 31-45, " .. main protective circuit A that protects the battery against overcharging, over-discharging, and over-current, and a sub protective circuit B that redundantly protects the recharge able battery 3 against overcharging in conjunction with the main protective circuit A. .. ln FIG. 1, a first FET (first switching means)·11 and a second FET12 that make up the main protective circuit A are serially connected to a third FET (second switching means) 13 that makes up the sub-protective circuit B between the negative electrode Side of the rechargeable battery 3 and a negative input/output terminal 5 .. "). Regarding claim 6, Konopka et al in view of Crisp et al and Iwaizono disclose the subject matter of claim 5, as described above, wherein the first switching device (11) and the second switching device (12) further control a discharge signal from the battery (Iwaizono, Fig 1, col 10, In 20-23, " .. the first and second FETS 11 and 12 are turned OFF to shut off the discharging current and protect the rechargeable battery 3 against damage due to excessively large discharging current.."). Regarding claim 7, Konopka et al in view of Crisp et al and Iwaizono disclose the subject matter of claim 5, as described above, but fail to specify at least a portion of the over-charge/over-discharge protection circuit is included in a computing device being powered by the battery. However, Crisp et al generally suggests that integrating components into a microcontroller being powered by a battery reduces costs and complexity (abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller.", col 3; In 1-4, "Yet another advantage of the present invention is that the Microcontroller includes integrated components which perform many of the required functions of the battery charger, reducing the cost and complexity of the battery charger."). It would have been obvious to a person of ordinary skill in the art at the time of the invention to include at least a portion of the over­charge/over-discharge protection circuit of Konopka et al in view of Crisp et al and Iwaizono in a computing device being powered by the battery to reduce cost and complexity, as suggested by Crisp et al (abstract, " .. software program for operating the battery charger ... the battery under charge supplies power to operate the circuit and the Microcontroller.", col 3, In 1-4, "Yet another advantage of the present Invention is that the Microcontroller includes integrated components which perform many of the required functions of the battery charger, reducing the cost and complexity of the battery charger."). Regarding claim 16, Konopka et al in view of Crisp et al disclose the subject matter of claim 15, as described above, but fail to disclose controlling a charge signal to the battery by an over-charge/over-discharge protection circuit comprising a first switching device and a second switching device connected in series. Iwaizono is also related to battery charging (abstract) and suggests an overcharge/over-discharge protection circuit comprising a first .switching device (11) and a second switching device (12 or 13) connected in series to control a charge signal to the battery (3) (Fig 1, col 9, In 31-45, " .. main protective circuit A that protects the battery against overcharging, over-discharging, and over-current, and a sub protective circuit B that redundantly protects the recharge able battery 3 against overcharging in conjunction with the main protective circuit A ... ln FIG. 1, a first FET (first switching means) 11 and a second FET12 that make up the main protective circuit A are serially connected to a third FET (second switching means) 13 that makes up the sub-protective circuit B between the negative electrode Side of the rechargeable battery 3 and a negative input/output terminal 5 .. "). It would have been obvious to a person of ordinary skill in the art at the time of the invention to control a charge signal to the battery of Konopka et al in view of Crisp et al an over-charge/over-discharge protection circuit comprising a first switching device and a second switching device connected in series to protect from battery breakdown, as suggested by Iwaizono (Fig 1, abstract, col 9, In 31-45, " .. main. protective circuit A that protects the battery against overcharging, over-discharging, and over-current, and a sub protective circuit B that redundantly protects the recharge able battery 3 against overcharging in conjunction with the main protective circuit A ... ln FIG. 1, a first FET (first switching means) 11 and a second FET12 that make up the main protective circuit A are serially connected to a third FET (second switching means) 13 that makes up the sub-protective circuit B between the negative electrode Side of the rechargeable battery 3 and a negative input/output terminal 5 .. "). Regarding claim 17, Konopka et al in view of Crisp et al and Iwaizono disclose the subject matter of claim 16, as described above, wherein the first switching device (11) and the second switching device (12) further control a discharge signal_ from the battery (Iwaizono, Fig 1, col 10, In 20-23, " .. the first and second FETS 11 and 12 are turned OFF to shut off the discharging current and protect the rechargeable battery 3 against damage due to excessively large discharging current.."). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brumley et al, US Patent No. 12,194,885, disclose a battery with battery management system. Ayad, US Pub. 2023/0133126, disclose a battery system and a method for controlling a battery system. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ST CYR whose telephone number is (571)272-2407. The examiner can normally be reached M to F 8:00-8:00. 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, Michael G Lee can be reached at 571-272-2398. 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 ST CYR Primary Examiner Art Unit 2876 /DANIEL ST CYR/Primary Examiner, Art Unit 2876
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Prosecution Timeline

Jul 24, 2023
Application Filed
Apr 28, 2026
Non-Final Rejection mailed — §103 (current)

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