Prosecution Insights
Last updated: July 17, 2026
Application No. 18/244,275

METHODS AND DEVICES FOR AVOIDING DAMAGE TO BATTERIES DURING FAST CHARGING

Non-Final OA §DP
Filed
Sep 10, 2023
Priority
Mar 22, 2022 — provisional 63/322,524 +3 more
Examiner
FUREMAN, JARED
Art Unit
Tech Center
Assignee
Omnitek Partners LLC
OA Round
1 (Non-Final)
42%
Grant Probability
Moderate
1-2
OA Rounds
4m
Est. Remaining
62%
With Interview

Examiner Intelligence

Grants 42% of resolved cases
42%
Career Allowance Rate
45 granted / 107 resolved
-17.9% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
130
Total Applications
across all art units

Statute-Specific Performance

§103
86.8%
+46.8% vs TC avg
§102
7.4%
-32.6% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 107 resolved cases

Office Action

§DP
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Specification The disclosure is objected to because of the following informalities: There are several instances where the specification refers to Figures 13A and 13B (see, at least, the brief description of Figure 17; the last paragraph of page 26; line 8 of page 27; and line 7 of page 31). However, the application does not contain a Figure labeled 13B. There are Figures labeled 13 and 13A. Thus, applicant should either amend the specification to refer to Figures 13 and 13A, or amend the drawings to contain Figures 13A and 13B, so as to be consistent throughout the application. Appropriate correction is required. Claim Objections Claims 1-19 are objected to because of the following informalities: In claim 1, lines 8-9, 11, and 22, “the battery heater/ionic exciter” lacks proper antecedent basis (a battery was not previously recited). For examination purposes, this limitation will be interpreted as referring back to “a heater/ionic exciter”, as recited in line 8. Claims 2-19 depend, either directly or indirectly, from claim 1 and inherit the same deficiency. Appropriate correction is required. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-6 and 9-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 9-19 of copending Application No. 18/372,100 (reference application, hereinafter the ‘100 application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are a somewhat broader version of the claims of the ‘100 application. Furthermore, as shown below, the differences in the claims would have been obvious to one of ordinary skill in the art prior to the effective filing date. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims of the present application: Claims of the 18/372,100 application (as amended in the 03/23/2024 preliminary amendment): 1. A charging and high-frequency current heating device for charging and temperature maintenance of an energy storage device when coupled to the energy storage device, the energy storage device having a core with an electrolyte having ions therein, and having inputs, with one of the inputs having characteristics of a frequency-dependent resistor and inductor series coupled to a voltage source, the device comprising: an energy storage device coupling configured to be coupled to the one input of the energy storage device; a heater/ionic exciter coupled to the energy storage device coupling, wherein the battery heater/ionic exciter is configured to provide a positive input current and a negative input current at the one input when coupled to the one input through the energy storage device coupling, wherein the battery heater/ionic exciter is configured to operate including in at least one of two modes wherein a first one of the two modes is a heating mode in which a current frequency is set at or close to a maximum heating rate to provide alternating positive and negative input currents at a high-frequency configured to substantially maximize an internal heating effect of the ions within the electrolyte of the energy storage device to generate heat and raise a temperature of the electrolyte, and a second one of the two modes is a primarily an ionic-excitation mode in which the current frequency is set above the maximum heating rate to generate ionic-excitation of the electrolyte ions; a device input configured to be coupled to an energy storage device charger; a switch, configured to be coupled between the device input and the energy storage device coupling; and a controller configured to control the battery heater/ionic exciter to provide switching on and off of the two modes and to control switching of the switch. (Note that in claim 1 of the ‘100 application, the wireless power transmitter/wireless power receiver represents an energy storage device charger.) Claim 1 of the ‘100 application does not recite that the energy storage device having inputs, with one of the inputs having characteristics of a frequency-dependent resistor and inductor series coupled to a voltage source; the energy storage device coupling being configured to be coupled to the one input; a switch configured to be coupled between the device input and the energy storage device coupling; and the controller configured to control switching of the switch. However, it was old and well known to those of ordinary skill in the art prior to the effective filing date, that energy storage devices (such as batteries) have inputs, with one of the inputs having characteristics of a frequency-dependent resistor and inductor series coupled to a voltage source; use a coupling being configured to be coupled to the one input; and to use a controller to control a switch between a device input and the energy storage device coupling. Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to claim: the energy storage device having inputs, with one of the inputs having characteristics of a frequency-dependent resistor and inductor series coupled to a voltage source; the energy storage device coupling being configured to be coupled to the one input; a switch configured to be coupled between the device input and the energy storage device coupling; and the controller configured to control switching of the switch, since this describes the characteristics of well-known batteries and would allow the controller to effectively control the connection between the input and energy storage device for charging purposes. 1. A fast charging and high-frequency current heating device for wireless charging and temperature maintenance of an energy storage device when coupled to the energy storage device, the energy storage device having a core with an electrolyte having ions therein and surface capacitance between electrodes, the device comprising: an energy storage device coupling configured to be coupled to the energy storage device; a heater/ionic exciter coupled to the energy storage device coupling, wherein the heater/ionic exciter is configured to provide a positive input current and a negative input current at the energy storage device at frequencies higher than required to effectively short the surface capacitance between electrodes when coupled to the energy storage device through the energy storage device coupling, wherein the heater/ionic exciter is configured to operate in each of at least two modes wherein a first of the two modes is a heating mode in which a current frequency of alternating positive and negative input currents is set at or close to a maximum heating rate selected such that the heating rate increases to at or close to the maximum heating rate as the frequency of alternating positive and negative input currents increases until at or close to the maximum heating rate and thereafter, the heating rate decreases with an increase in the frequency of alternating positive and negative input currents to substantially maximize an internal heating effect of the ions within the electrolyte of the energy storage device to generate heat and raise a temperature of the electrolyte, and wherein the heater/ionic exciter is configured to operate in a second of the two modes that is a primarily ionic-excitation mode in which the current frequency is set above the maximum heating rate to generate ionic-excitation of the electrolyte ions at a higher frequency and at a reduced heating rate from the heating rate at or close to the maximum heating rate; a wireless power receiver coupled to the energy storage device coupling; and a controller configured to control the heater/ionic exciter to operate in each of the at least two modes and to enable or disable providing charging power to the energy storage device, the charging power being received by the wireless power receiver from a wireless power transmitter. 2. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to discontinue the first mode when the temperature of the electrolyte and/or the energy storage device is within an operational temperature range of the energy storage device. 2. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to discontinue the first mode when the temperature of the electrolyte and/or the energy storage device is within an operational temperature range of the energy storage device. 3. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to operate in the first mode when the temperature of the electrolyte and/or the energy storage device is below an operational temperature range of the energy storage device. 3. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to operate in the first mode when the temperature of the electrolyte and/or the energy storage device is below an operational temperature range of the energy storage device. 4. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to operate in the second mode when the temperature of the electrolyte and/or the energy storage device is within an operational temperature range of the energy storage device. 4. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to operate in the second mode when the temperature of the electrolyte and/or the energy storage device is within an operational temperature range of the energy storage device and is configured to control the heater/ionic exciter to discontinue the second mode when the temperature of the electrolyte and/or the energy storage device is above the operational temperature range of the energy storage device. 5. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to operate in the second mode when the temperature of the electrolyte and/or the energy storage device is within an operational temperature range of the energy storage device and is configured to control the heater/ionic exciter to discontinue the second mode when the temperature of the electrolyte and/or the energy storage device is above the operational temperature range of the energy storage device. 4. The device of claim 1, wherein the controller is configured to control the heater/ionic exciter to operate in the second mode when the temperature of the electrolyte and/or the energy storage device is within an operational temperature range of the energy storage device and is configured to control the heater/ionic exciter to discontinue the second mode when the temperature of the electrolyte and/or the energy storage device is above the operational temperature range of the energy storage device. 6. The device of claim 1, comprising a high frequency filter coupled between the device input and the energy storage device coupling, wherein the high frequency filter is configured to filter the high-frequency alternating positive and negative input currents. (Note that in claim 6 of the ‘100 application, the high frequency filter is coupled to the device input via the AC to DC converter.) 6. The device of claim 5, comprising a high frequency filter coupled between the AC to DC converter and the energy storage device coupling, wherein the high frequency filter is configured to filter out the high-frequency alternating positive and negative input currents from being coupled to the AC to DC converter. 9. The device of claim 1, wherein the heater/ionic exciter is configured to provide both of the first and second modes from power provided by the energy storage device when coupled to the energy storage device. 9. (Previously Presented) The device of claim 1, wherein the heater/ionic exciter is configured to provide both of the first and second modes from power provided by the energy storage device when coupled to the energy storage device. 10. The device of claim 1, wherein the heater/ionic exciter is configured to provide both of the first and second modes from an external power supply when coupled to the external power supply. (Note that in claim 10 of the ‘100 application, the wireless power transmitter/wireless power receiver represents an external power supply.) 10. (Currently Amended) The device of claim 9, wherein the heater/ionic exciter is configured to provide both of the first and second modes from power provided by the wireless power receiver when wirelessly coupled to the wireless power transmitter, and wherein the controller is configured to select which of the energy storage device and the wireless power receiver is utilized to power the first and second modes. 11. A fast-charging system, the system comprising the device of claim 1, further comprising a battery charger, the battery charger being coupled to the device input. 11. (Previously Presented) A fast-charging system, the system comprising the device of claim 1, further comprising a battery, the battery being coupled to the energy storage device coupling. 12. The system of claim 11, comprising a high frequency filter coupled between the device input and the energy storage device coupling, wherein the high frequency filter is configured to filter the high-frequency alternating positive and negative input currents. 12. (Previously Presented) The system of claim 11, comprising a high frequency filter coupled between the wireless power receiver and the energy storage device coupling, wherein the high frequency filter is configured to filter the high-frequency alternating positive and negative input currents. 13. The system of claim 11, comprising a temperature sensor circuit coupled to the processor, wherein the temperature sensor circuit is configured to receive indications of a temperature of the electrolyte, the energy storage device and/or an ambient temperature and is configured to provide the indications to the processor, wherein the processor is configured to provide the switching of the two modes and the switching of the switch in response to the received indications. 13. (Previously Presented) The system of claim 11, comprising a temperature sensor circuit coupled to the processor, wherein the temperature sensor circuit is configured to receive an indication of a temperature of the electrolyte, the energy storage device and/or an ambient temperature and is configured to provide the indication to the processor, wherein the processor is configured to control the heater/ionic exciter when to operate in each of the two modes and to enable or disable the providing charging power to the energy storage device in response to the received indication. 14. The system of claim 11, comprising an energy storage device charger coupled to the device input. (Note that in claim 14 of the ‘100 application, the wireless power transmitter/wireless power receiver represents a storage device charger.) 14. (Previously Presented) The system of claim 11, wherein the wireless power receiver is an AC wireless power receiver, the device comprising an AC to DC converter coupled between the wireless power receiver and the energy storage device coupling. 15. The system of claim 14, comprising a high frequency filter coupled between the device input and the energy storage device coupling, wherein the high frequency filter is configured to filter the high-frequency alternating positive and negative input currents. 15. (Previously Presented) The system of claim 14, comprising a high frequency filter coupled between the wireless power receiver and the energy storage device coupling, wherein the high frequency filter is configured to filter the high-frequency alternating positive and negative input currents. 16. The system of claim 15, comprising a summing circuit, the summing circuit comprising a first summing input, a second summing input and a summing output, the first summing input being coupled to an output of the high frequency filter, the second summing input being coupled to an output of the heater/ionic exciter and the summing output being coupled to the energy storage device coupling. 16. (Previously Presented) The system of claim 15, comprising a summing circuit, the summing circuit comprising a first summing input, a second summing input and a summing output, the first summing input being coupled to an output of the high frequency filter, the second summing input being coupled to an output of the heater/ionic exciter and the summing output being coupled to the energy storage device coupling. 17. The system of claim 16, comprising a temperature sensor circuit coupled to the processor, wherein the temperature sensor circuit is configured to receive indications of a temperature of the electrolyte, the energy storage device and/or an ambient temperature and is configured to provide the indications to the processor, wherein the processor is configured to provide the switching of the two modes and the switching of the switch in response to the received indications. 17. (Previously Presented) The system of claim 16, comprising a temperature sensor circuit coupled to the processor, wherein the temperature sensor circuit is configured to receive an indication of a temperature of the electrolyte, the energy storage device and/or an ambient temperature and is configured to provide the indication to the processor, wherein the processor is configured to control the heater/ionic exciter when to operate in each of the two modes and to enable or disable the providing charging power to the energy storage device in response to the received indication. 18. The system of claim 11, wherein the heater/ionic exciter is configured to provide both of the first and second modes from power provided by the energy storage device when coupled to the energy storage device. 18. (Previously Presented) The system of claim 11, wherein the heater/ionic exciter is configured to provide both of the first and second modes from power provided by the energy storage device when coupled to the energy storage device. 19. The system of claim 11, wherein the heater/ionic exciter is configured to provide both of the first and second modes from an external power supply when coupled to the external power supply. (Note that in claim 19 of the ‘100 application, the wireless power transmitter represents an external power supply.) 19. (Previously Presented) The system of claim 11, wherein the heater/ionic exciter is configured to provide both of the first and second modes from power provided by the wireless power receiver when wirelessly coupled to the wireless power transmitter. Allowable Subject Matter Claims 1-19 would be allowable over the prior art of record, pending applicant overcoming the provisional non-statutory obviousness type double patenting rejection and the claim objection, set forth above. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the prior art of record does not teach or fairly suggest, a charging and high-frequency current heating device for charging and temperature maintenance of an energy storage device, comprising two modes, wherein a first one of the two modes is a heating mode in which a current frequency is set at or close to a maximum heating rate to provide alternating positive and negative input currents at a high-frequency configured to substantially maximize an internal heating effect of the ions within the electrolyte of the energy storage device to generate heat and raise a temperature of the electrolyte, and a second one of the two modes is a primarily an ionic-excitation mode in which the current frequency is set above the maximum heating rate to generate ionic-excitation of the electrolyte ions; in combination with the other claim limitations as recited in claim 1. Rastegar et al (US 2020/0176835 A1) teaches (see, for example, Figs. 13 & 14) a charging and high-frequency current heating device for charging and temperature maintenance of an energy storage device (lithium battery 301), including a heating mode where the AC & DC current generator (306) outputs a high-frequency AC current to warm the lithium battery (301) (see paras. 0116-0121). Rastegar et al does not teach the claimed second ionic-excitation mode in which the current frequency is set above the maximum heating rate. Chen et al (US 2022/0385096 A1, cited on IDS) teaches (see, for example, Figs. 5-7B and paras. 0066-0079) a battery control circuit coupled to a battery pack, the battery control circuit includes a mode where a high-frequency AC current is applied at a second preset frequency of either 5 kHz or 2.5 kHz to warm the battery pack (see Figs. 6A-7B and paras. 0080-0084). Chen et al also teaches an embodiment where the preset frequency is set at a first preset frequency of 1 kHz (see para. 0060). However, all of these embodiments appear to be used in a manner so as to heat the battery pack (the claimed first mode). Thus, Chen et al does not appear to teach the claimed second mode. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zie et al (US 12,640,408); Li et al (US 12,113,388 B2); Konopka et al (US 2024/0178696 A); Chen et al (US 2023/0402672 A1); Lee et al (US 11,420,527 B2); Liu et al (US 10,680,299 B2); Sun et al (US 10,256,512 B2); Rastegar et al (US 10,603,076 B2); Gajewski (US 8,456,134 B2); Takahashi et al (US 8,280,572 B2); Ashtiani et al (US 5,990,661); Dai (CN 104282965 A); and Chung (KR 101856021 B1) are cited as additional examples of devices that apply an alternating (charging & discharging) current to a battery when the temperature of the battery is below a threshold, in order to heat the battery to a temperature where normal charging or discharging can be performed without causing damage to the battery. However, these cited references do not teach the claimed second one of the two modes is a primarily an ionic-excitation mode in which the current frequency is set above the maximum heating rate to generate ionic-excitation of the electrolyte ions. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jared Fureman whose telephone number is (571)272-2391. The examiner can normally be reached M-F 8:30 am - 5:00 pm. 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. /JARED FUREMAN/Primary Examiner, Art Unit 2859
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Prosecution Timeline

Sep 10, 2023
Application Filed
Jun 12, 2026
Non-Final Rejection mailed — §DP (current)

Precedent Cases

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Prosecution Projections

1-2
Expected OA Rounds
42%
Grant Probability
62%
With Interview (+19.5%)
3y 2m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 107 resolved cases by this examiner. Grant probability derived from career allowance rate.

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