Prosecution Insights
Last updated: October 25, 2026
Application No. 18/255,370

METHOD AND SYSTEM FOR BALANCING CHARGE OF BATTERY CELLS

Final Rejection §103
Filed
Jun 01, 2023
Priority
Dec 08, 2020 — EU 20212547.2 +1 more
Examiner
JEPPSON, PAMELA J
Art Unit
2859
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Vito N V
OA Round
2 (Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
76 granted / 121 resolved
-5.2% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
37 currently pending
Career history
178
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
57.5%
+17.5% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§103
DETAILED ACTION Status of the Claims In the communication dated July 23, 2026 claims 1-15 are pending. Claims 1-2, 5, 7 and 14-15 are amended. Response to Arguments Although the drawings are accepted, FIGS. 8-9 should be corrected as detailed further below. In the filed drawings pages 4/5-5/5 are entered and pages 1/5-3/5 are not entered. Applicant’s arguments with respect to the reference of Fornage have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. References Wu et al. US20180252775A1 and White et al. US20130065093A1 are newly cited as detailed further below. Applicant argues that Fujii teaches away from the claimed invention in that the imbalance is determined based on Coulomb counts would render Fujii’s voltage equalizer superfluous and change its principle of operation (see pages 10-11 of applicant remarks). However, the cell voltage controller 22 includes monitors for each of the cells for a voltage-based state of charge estimation. Because a Coulomb counter is another well-known method of determining the state of charge, it would be obvious to one of ordinary skill in the art for the monitors of the controller 22 to be a Coulomb counter. Thus, this argument is not persuasive. Drawings The drawings are objected to because: In FIG. 8, the label of element 15 should fit within the box. In FIG. 9, the label of element 18 should fit within the box. Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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 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. Claims 1-10 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. US20120161709A1 (as cited in the IDS filed on 6/1/2023) in view of Wu et al. US20180252775A1 and White et al. US20130065093A1. Regarding claim 1. Fujii discloses a method for balancing charge over a plurality of cells (11a-11n) connected in series in a battery (11) (FIG. 2), the method comprising the steps of: a) while charging or discharging the battery (FIG. 3 – S2/S4): i) determining when a characteristic parameter of a cell of the plurality of cells reaches a first characteristic value associated with a first state of charge (FIG. 3 - S5 – determining whether the battery is fully charged and S7 – determining whether the voltage of each cell is the same); iii) repeating steps i)-ii) until a predetermined charging or discharging criteria is fulfilled (FIG. 3 – if a full charge voltage is not detected then charging/discharging is continued (S2/S4)); c) transferring charge to or away from at least one first cell of the plurality of cells based on the determined charge imbalance to reduce the charge imbalance (¶44-45 – cells are equalized). Fujii does not explicitly disclose ii) upon determining that the characteristic parameter of the cell reaches the first state of charge, counting the number of Coulombs exchanged with the cell by means of a respective Coulomb counter of a plurality of Coulomb counters, each Coulomb counter connected to a respective one of the plurality of cells, wherein each respective Coulomb counter begins counting from an initial value only upon the characteristic parameter of its respective cell reaching the first state of charge, such that a Coulomb counter connected to a cell that has not reached the first state of charge remains at the initial value; and b) determining a charge imbalance based on a comparison of the counted number of Coulombs for each of the plurality of cells. Wu discloses that ii) upon determining that the characteristic parameter of the cell reaches the first state of charge (¶24 - full state of charge), counting the number of Coulombs exchanged with the cell by means of a respective Coulomb counter (300), Coulomb counter (300) connected to a respective cells (200) (¶31 – state of charge is analyzed using a coulomb gauge while setting the SOC), Coulomb counter begins counting from an initial value only upon the characteristic parameter of its respective cell reaching the first state of charge (100%), such that a Coulomb counter connected to a cell that has not reached the first state of charge remains at the initial value (¶24 - coulomb counting has an upper bound of the SOC as the initial value). It would be obvious to a person of ordinary skill in the art at the time of filing to begin the coulomb counting, as taught by Wu, to the battery cell system of Fujii, at a full charge of the battery cell in order to provide an accurate SOC to prevent battery aging and deterioration (Wu; ¶5). Although Wu does not explicitly teach a plurality of cells, it would be obvious to one of ordinary skill to apply the Coulomb counter to each of the cells of Fujii because the counter is applied across a single cell of Wu. Wu does not explicitly teach b) determining a charge imbalance based a comparison of the counted number of Coulombs for each of the plurality of cells. White discloses determining a charge imbalance based a comparison of the counted number of Coulombs for each of the plurality of cells (¶43 – when one of the battery cells 120 is out of balance with other battery cells by counting Coulombs). It would be obvious to a person of ordinary skill in the art to ensure the batteries of Fujii are balanced in order to prevent malfunction or a safety hazard for the system (White ¶51). Regarding claim 2. Fujii discloses that the first state of charge is near the full state of charge (¶14 – fully charged the SOC is between 98%-100%) Regarding claim 3. Fujii discloses that the characteristic parameter is a voltage (FIG. 3 - S5 – determining whether the battery is fully charged and S7 – determining whether the voltage of each cell is the same), and wherein determining when the cell of the plurality of cells reaches the first characteristic parameter value associated with the first state of charge comprises: measuring the voltage across each of the plurality of cells (S5 – is the full charge voltage detected – thus measuring the voltage); and determining when any one of the measured voltages passes the first characteristic voltage value (S5 – it is determined whether the full voltage is detected and in S7 whether each cell has the same value). Regarding claim 4. Fujii discloses that the predetermined charging or discharging criteria is fulfilled when the characteristic parameter of any cell of the plurality of cells reaches a second characteristic value associated with a second state of charge ( ¶14 – 100% determined to be the full charge that must be met). Regarding claim 5. Fujii discloses that the second state of charge is near the full state of charge (¶14 - – 100% determined to be the full charge that must be met). Regarding claim 6. Fujii discloses that the predetermined charging or discharging criteria is based on at least one of: a predetermined current threshold (¶53 – current integral is 9.5 Ah with its value being deviated from a real value of 10Ah) and a predetermined voltage threshold (¶14 - a full charge (maximum value), under the broadest reasonable interpretation is a threshold, thus teaching a predetermined voltage threshold – S5). Regarding claim 7. Fujii discloses that the predetermined current threshold is around 5% or less, around 4% or less, or around 3% or less of a maximum allowed current (¶53 – 9.5Ah is less than the maximum current by 5%). Regarding claim 8. Fujii discloses that the predetermined voltage threshold is around 85% or more, around 90% or more or around 95% or more of a maximum/minimum voltage at the full state of charge (¶53 – 95% of the SOC; ¶14 -98-100%). Regarding claim 9. Fujii discloses the steps of: d) determining when the predetermined charging or discharging criteria is fulfilled (FIG. 3 - determined at step S5); and e) upon determining that the predetermined criteria is fulfilled, stop charging or discharging (FIG. 3 – S7 [Wingdings font/0xE0] S11 [Wingdings font/0xE0]S13 stop charge of secondary battery), wherein steps b)-c) are performed after the predetermined charging or discharging criteria is fulfilled (FIG. 3 - returns to step S2). Regarding claim 10. Fujii discloses steps b)-c) are performed before and/or after the charging or discharging is stopped (the requirements are fulfilled in FIG. 3 -it is noted however, that requirements are necessarily fulfilled before or after charging/discharging is stopped as either one or the other would necessarily occur). Regarding claim 12. Fuji discloses transferring charge comprises providing an electric current to or away from at least one second cell of the plurality of cells (¶45 – to equalize, the higher-side cells are discharged thus electric current is being provided away from at least one second cell). Regarding claim 13. Fujii does not explicitly disclose that transferring charge is performed until the plurality of Coulomb counters hold a same number of Coulombs. White discloses that transferring charge is performed until the plurality of Coulomb counters hold a same number of Coulombs (¶71 – counts how may Coulombs the battery is out of balance; FIG. 8). It would be obvious to a person of ordinary skill in the art to ensure the batteries of Fujii are balanced in order to prevent malfunction or a safety hazard for the system (White ¶51). Regarding claim 14. A system for balancing charge (FIG. 2) over a plurality of cells connected in series (11a-n) in a battery (11), the system comprising: a plurality of balancing units each connected to a respective cell of the plurality of cells (¶44 – voltage equalizer 22b detects the output voltage of each of the cells, thus each cell having an equalizing unit) ; and an electric current generator (52) for providing an electric current to or away from the plurality of balancing units for balancing the charge/discharge over the plurality of cells (¶55 – charge/discharge controller 41 connected with a commercial power source 52) wherein each of the plurality of balancing units comprises at least one switching means configured to connect or disconnect an input terminal to or from an output terminal of the respective balancing unit (¶72 –equalizing task is designed to output the discharge signals to the switches 13a-13m, the switches being part of the balancing units) wherein each of the plurality of balancing units comprises a microcontroller (cell voltage controller 22/CPU 21), the microcontroller configured to: control the at least one switching means to conduct the electric current from the electric current generator to charge or discharge the battery and while charging or discharging the battery (FIG. 2 illustrates switching control form the cell voltage controller 22; ¶37 – CPU is connected to the switches 13; ¶72 – equalizing task is output from the cell voltage controller 22): i) determine when a characteristic parameter of a cell of the plurality of cells reaches a characteristic value associated with a first state of charge (FIG. 3 - S5 – determining whether the battery is fully charged and S7 – determining whether the voltage of each cell is the same); iii) repeating steps i)-ii) until a predetermined charging or discharging criteria is fulfilled (FIG. 3 – if a full charge voltage is not detected then charging/discharging is continued (S2/S4)); control the at least one switching means (13a-n) to transfer charge to or away from at least one first cell of the plurality of cells based on the determined charge imbalance to reduce the charge imbalance (¶72 – “the equalizing task is designed to output, from the cell voltage controller 22, the discharge signals Da to Dm to the on-off switches 13 a to 13 m corresponding to the higher-side cells 11 a to 11 m to turn on the on-off switches 13 a to 13 m”). Fujii does not explicitly disclose determine a charge imbalance based on the counted number of Coulombs for each of the plurality of cells and ii) upon determining that the characteristic parameter of the cell reaches the first state of charge, the number of Coulombs exchanged with the cell by means of a respective Coulomb counter of a plurality of Coulomb counters , each Coulomb counter connected to a respective one of the plurality of cells, wherein each respective Coulomb counter begins counting from an initial value only upon the characteristic parameter of its respective cell reaching the first state of charge, such that a Coulomb counter connected to a cell that has not reached the first state of charge remains at the initial value; and determine a charge imbalance based on the counted number of Coulombs for each of the plurality of cells. Wu discloses that ii) upon determining that the characteristic parameter of the cell reaches the first state of charge (¶24 - full state of charge), counting the number of Coulombs exchanged with the cell by means of a respective Coulomb counter (300), Coulomb counter (300) connected to a respective cells (200) (¶31 – state of charge is analyzed using a coulomb gauge while setting the SOC), Coulomb counter begins counting from an initial value only upon the characteristic parameter of its respective cell reaching the first state of charge (100%), such that a Coulomb counter connected to a cell that has not reached the first state of charge remains at the initial value (¶24 - coulomb counting has an upper bound of the SOC as the initial value). It would be obvious to a person of ordinary skill in the art at the time of filing to begin the coulomb counting, as taught by Wu, to the battery cell system of Fujii, at a full charge of the battery cell in order to provide an accurate SOC to prevent battery aging and deterioration (Wu; ¶5). Although Wu does not explicitly teach a plurality of cells, it would be obvious to one of ordinary skill to apply the Coulomb counter to each of the cells of Fujii because the counter is applied across a single cell of Wu. Wu does not explicitly teach b) determining a charge imbalance based a comparison of the counted number of Coulombs for each of the plurality of cells. White discloses determining a charge imbalance based a comparison of the counted number of Coulombs for each of the plurality of cells (¶43 – when one of the battery cells 120 is out of balance with other battery cells by counting Coulombs). It would be obvious to a person of ordinary skill in the art to ensure the batteries of Fujii are balanced in order to prevent malfunction or a safety hazard for the system (White ¶51). Regarding claim 15. Fujii discloses that the battery is an alkali-ion battery, preferably, a lithium-ion battery (¶31 – lithium-ion secondary battery 11) wherein the voltage across the cell indicates an approximate state of charge/discharge (¶42 – cell voltage controller 22 serves as a monitor to monitor output voltages of the respective cells across the electrodes) Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fujii et al. US20120161709A1 (as cited in the IDS filed on 6/1/2023) in view of Wu et al. US20180252775A1 and White et al. US20130065093A1 and further in view of Hong et al. US20200389034A1. Regarding claim 11. Fujii discloses determining the charge imbalance comprises determining a balancing direction (¶45 – higher cells are discharged to match the lowest voltage cells). Fujii does not explicitly disclose determining a balancing time, a balancing current. Hong discloses that balancing is conducted by determining a balancing time (¶15) and a balancing current (¶10). It would be obvious to one of ordinary skill to determine further balancing parameters in order to control the operation state of the balancing switch (Hong; ¶10). Related Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hale US20180366957A1 discloses a known method of implementing coulomb counting when the battery starts from 100%. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA JEPPSON whose telephone number is (571)272-4094. The examiner can normally be reached Monday-Friday 7:30 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. /PAMELA J JEPPSON/Examiner, Art Unit 2859 /DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859
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Prosecution Timeline

Jun 01, 2023
Application Filed
May 01, 2026
Non-Final Rejection mailed — §103
Jul 23, 2026
Response Filed
Oct 08, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
63%
Grant Probability
87%
With Interview (+24.1%)
3y 6m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 121 resolved cases by this examiner. Grant probability derived from career allowance rate.

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