Prosecution Insights
Last updated: April 18, 2026
Application No. 18/368,924

METHODS AND SYSTEMS FOR MITIGATING BATTERY DEFECTS IN BATTERY PACKS

Final Rejection §102§103
Filed
Sep 15, 2023
Examiner
MILLER, DANIEL R
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Qnovo Inc.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
669 granted / 812 resolved
+14.4% vs TC avg
Strong +22% interview lift
Without
With
+21.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
843
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
45.7%
+5.7% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
23.1%
-16.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 812 resolved cases

Office Action

§102 §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 Objections Claim 24 is objected to because of the following informalities: Claim 24 refers to “the rechargeable battery”, whereas claim 1 refers to “a battery pack”. Claim 24 should therefore be revised to be consistent with the terminology of claim 1. Appropriate correction is required. 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 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 1-8, 10-14, 17-20, 22, 24 and 26-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2012/0105001 to Gallegos et al. (Gallegos). Regarding claim 1, Gallegos discloses a method of mitigating battery defects in battery packs, the method comprising: (a) monitoring one or more battery parameters associated with one or more battery elements of a battery pack comprising a plurality of battery elements (Gallegos, e.g., Fig. 3 and paragraph 37, referring to FIG. 3, examples of arrangements and interconnections within packs and strings are shown; the power connections in a string may consist of two packs in series and those series packs may be paralleled with two other packs; each pack may consist of eight Local Module Units connected in series; each Local Module Unit may balance ten battery cells also connected in series; the examiner notes in Fig. 3 that the two top packs are in series and the bottom two packs are in series; also see Fig. 6 and paragraphs 51-76 which discloses one example of the architecture of a battery pack of Fig. 3, with the pack including a number of battery modules 600; each battery module 600 may have a Local Module Unit 601 which feeds data to a Pack Master 610; the Pack Master 610 may then send aggregated data back to an Energy Storage Master which may interface with a Vehicle Master Controller; the energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; the examiner notes that the term “battery element” is broad in scope and includes (1) a battery module of a battery pack having a plurality of battery modules, or (2) a battery cell of a battery pack having a plurality of battery cells; Gallegos’ monitoring meets either interpretation of “battery element” because Gallegos monitors one or more battery parameters associated with one or more battery modules of a battery pack comprising a plurality of battery modules, and because Gallegos monitors one or more battery parameters associated with one or more battery cells of a battery pack comprising a plurality of battery cells); (b) determining individual status information, each corresponding to one of the one or more battery elements of the battery pack based on the one or more battery parameters (see Gallegos as discussed above, e.g., Fig. 6 and paragraph 51, energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; thus, each pack may be addressable and may be queried as to the health and status at any time; if there is ever a problem with an individual battery cell, an entire string may be automatically removed from service to allow the vehicle to continue operating in a reduced capacity mode until a vehicle returns from operation); and (c) modifying a use pattern of the battery pack based at least in part by considering an aggregate of the individual status information (see Gallegos as discussed above, e.g., Fig. 6 and paragraph 51, energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; thus, each pack may be addressable and may be queried as to the health and status at any time; if there is ever a problem with an individual battery cell, an entire string may be automatically removed from service to allow the vehicle to continue operating in a reduced capacity mode until a vehicle returns from operation; also see, e.g., paragraph 55, if the current is in excess of 350 Amps, either charging or discharging, and this condition has existed continuously for five seconds, a request may be made to open the contactor for the string exceeding this limit; if the temperature is in excess of 65 degrees Celsius, a request may be made to open a string contactor and notify the operator of a fault; also see, e.g., paragraph 61, if temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated; also see paragraph 37, each Local Module Unit may balance ten battery cells also connected in series). Regarding claim 2, Gallegos discloses wherein the individual status information for a given battery element of the plurality of battery elements comprises at least one of: an individual health score for the given battery element, a temperature associated with the given battery element, a state of charge (SOC) for the given battery element, a location within the battery pack, or any combination thereof (see Gallegos as applied to claim 1, e.g., Fig. 6 and paragraphs 51-76 which discloses one example of the architecture of a battery pack of Fig. 3, with the pack including a number of battery modules 600; each battery module 600 may have a Local Module Unit 601 which feeds data to a Pack Master 610; the Pack Master 610 may then send aggregated data back to an Energy Storage Master which may interface with a Vehicle Master Controller; the energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; in Fig. 6, the battery modules 600 constitute one or more battery elements of a battery pack, with each module 600 comprising a plurality of battery elements in the form of battery cells). Regarding claim 3, Gallegos discloses wherein a battery element comprises a plurality of battery cells (see Gallegos as applied to claim 1, noting that under the interpretation of “battery element” as a battery module, each of the battery modules 600 of Fig. 6 may contain multiple cells). Regarding claim 4, Gallegos discloses wherein the plurality of battery cells associated with the battery element are operatively coupled in parallel (the examiner notes that this language has a scope that includes (1) the plurality of cells being coupled in with each other, or (2) the plurality of cells being coupled in parallel with other cells; Gallegos discloses that power connections in a string may consist of two packs in series and those series packs may be paralleled with two other packs; each pack may consist of eight Local Module Units connected in series, with each Local Module Unit having ten battery cells also connected in series; see, e.g., Fig. 3 and paragraph 37; accordingly, Gallegos discloses that each module (e.g., each module 600 of Fig. 6) may have ten series-connected cells, with this cells being coupled in parallel will the cells of another pack such as shown in Fig. 3). Regarding claim 5, Gallegos discloses wherein the battery pack comprises a plurality of battery elements operatively coupled in series (see Gallegos as applied to claim 1, noting that each of the battery modules 600 of Fig. 6 are coupled in series; also see paragraph 37, each pack may consist of eight Local Module Units connected in series, and each Local Module Unit may balance ten battery cells also connected in series). Regarding claim 6, Gallegos discloses wherein a battery element comprises a single battery cell (see Gallegos as applied to claim 1, noting that under the interpretation of “battery element” as a battery cell, each battery element constitutes a single battery cell). Regarding claim 7, Gallegos discloses looping through (a)-(c) multiple times (Gallegos, e.g., Fig. 10 and paragraph 89; also see Fig. 7B and paragraphs 79-80). Regarding claim 8, Gallegos discloses wherein the looping occurs at a rate of once per second or greater (Gallegos, e.g., Fig. 10 and paragraph 89; also see Fig. 7B and paragraphs 79-80; note in Fig. 10 for example that readings by the Pack Master Unit may occur every 250 second’ note in Fig. 7B for example, that Energy Storage Master internal main loop may run on a 100 ms, 250 ms, and 1000 ms period for sending CAN bus messages, and the messages therefore may be sent at the following times each second: 100 ms, 200 ms, 250 ms, 300 ms, 400 ms, 500 ms, 600 ms, 750 ms, 800 ms, 900 ms and 1000 ms). Regarding claim 10, Gallegos discloses wherein modifying the use pattern of the battery pack is based at least in part on a variance of the individual status information across the battery elements (see Gallegos as applied to claim 1, e.g., paragraph 37, each Local Module Unit may balance ten battery cells also connected in series; the examiner notes that cell balancing is necessarily based on voltage variance across the battery cells). Regarding claim 11, Gallegos discloses wherein the individual status information of each of the plurality of battery elements are utilized to determine a poorest performing battery element of the battery pack, and wherein the modified use pattern is determined based at least in part on performance of the poorest performing battery element (see Gallegos as discussed above, e.g., Fig. 6 and paragraph 51, energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; thus, each pack may be addressable and may be queried as to the health and status at any time; if there is ever a problem with an individual battery cell, an entire string may be automatically removed from service to allow the vehicle to continue operating in a reduced capacity mode until a vehicle returns from operation; also see, e.g., also see paragraph 37, each Local Module Unit may balance ten battery cells also connected in series; accordingly, the poorest performing cell may be a cell with a problem that prompts its removal from service; similarly, a cell with a voltage that is high relative to remaining cells within a module is the poorest performing cell for which balancing is provided). Regarding claim 12, Gallegos discloses ranking the individual status information associated with the one or more battery elements, wherein considering the aggregate of the individual status information of the plurality of battery elements is based at least in part on the ranking (Gallegos, e.g., paragraph 78, Energy Storage Master 700 may have several capabilities, including collecting a database for display to the Vehicle Master Controller for high/low/average voltage, SOC, SOH, and high/low/average temperatures for the Traction Packs; it also keeps track of which cell has temperature or voltage extremes). Regarding claim 13, Gallegos discloses determining an overall health score associated with the battery pack by aggregating the one or more battery parameters associated with each of the one or more battery elements, wherein considering the aggregate of the individual status information used to modify the use pattern is based on the overall health score (Gallegos, e.g., paragraph 78, Energy Storage Master 700 may have several capabilities, including collecting a database for display to the Vehicle Master Controller for high/low/average voltage, SOC, SOH, and high/low/average temperatures for the Traction Packs; it also keeps track of which cell has temperature or voltage extremes; also see, e.g., paragraph 50, Vehicle Master Controller may interface with the Energy Storage Master which may receive aggregated data from each of the battery packs through Pack Master Boards on each battery pack; each pack may have its own BMS and therefore may operate as a complete unit independently from other packs, but may also integrate with a master controller to provide greater overall functionality, such as functionality that may be achieved through aggregation and consolidation of information to the Vehicle Master Controller). Regarding claim 14, Gallegos discloses wherein aggregating the one or more battery parameters comprises providing the one or more battery parameters to a function or a model that generates the overall health score (see Gallegos as applied to claim 13, e.g., paragraph 78, Energy Storage Master 700 may have several capabilities, including collecting a database for display to the Vehicle Master Controller for high/low/average voltage, SOC, SOH, and high/low/average temperatures for the Traction Packs; the examiner notes that at least average SOH corresponds to function or a model that generates the overall health score based on aggregating SOH values). Regarding claim 17, Gallegos discloses wherein the modified use pattern comprises modifying a charging process and/or a discharging process of the battery pack (see Gallegos as applied to claim 1, e.g., Fig. 6 and paragraph 51, if there is ever a problem with an individual battery cell, an entire string may be automatically removed from service to allow the vehicle to continue operating in a reduced capacity mode until a vehicle returns from operation; the examiner notes that removal of battery pack from service at least stops a discharging process; also see, e.g., paragraph 55, if the current is in excess of 350 Amps, either charging or discharging, and this condition has existed continuously for five seconds, a request may be made to open the contactor for the string exceeding this limit; if the temperature is in excess of 65 degrees Celsius, a request may be made to open a string contactor and notify the operator of a fault; also see, e.g., paragraph 61, if temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated). Regarding claim 18, Gallegos discloses wherein modifying the charging process comprises modifying a charging rate (see Gallegos as applied to claim 17, e.g., paragraph 61, if temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated). Regarding claim 19, Gallegos discloses wherein modifying the discharging process comprises at least one of: modifying an output power; modifying an output energy; modifying limits for one or more discharge parameters; modifying temperature rises for a cell or the battery packif temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated; the examiner notes that derating charge and discharge includes at least modifying an output current, modifying an output power, modifying an output energy, modifying limits for one or more discharge parameters, modifying temperature rises for a cell or the battery pack). Regarding claim 20, Gallegos discloses providing an alert that a particular battery element of the battery pack is defective (Gallegos, e.g., paragraph 87, Pack Master Unit 800 may also monitor all Cells located inside Battery Module units and alert the Energy Storage Master if certain operation limits are exceeded; also see paragraphs 56, 61 and 63, warning messages and system responses may include: (1) for temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated, and (2) Lose Pack Contactor/Battery Cell/Battery Error). Regarding claim 22, Gallegos discloses wherein the wherein the individual status information for each of the one or more battery elements are determined based on at least one of: a current temperature, or a current state of charge (SOC) of the battery pack (see Gallegos as applied to claim 1, e.g., Fig. 6 and paragraphs 51-76 which discloses one example of the architecture of a battery pack of Fig. 3, with the pack including a number of battery modules 600; each battery module 600 may have a Local Module Unit 601 which feeds data to a Pack Master 610; the Pack Master 610 may then send aggregated data back to an Energy Storage Master which may interface with a Vehicle Master Controller; the energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600). Regarding claim 24, Gallegos discloses wherein the one or more battery parameters comprise at least one of: an open circuit voltage of the rechargeable battery, or a current associated with the rechargeable battery (Gallegos, e.g., paragraph 51, energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of current for all cells within each of the battery modules 600; also see paragraph 89, Pack Master Unit may determine State of Charge using open circuit voltage if the current is less than a certain threshold). Claim 26 recites an apparatus for mitigating battery defects in battery packs, the apparatus comprising: monitoring circuitry, coupled to a battery pack; and control circuitry, coupled to the monitoring circuitry, configured to: (a) monitor one or more battery parameters associated with one or more battery elements of a battery pack comprising a plurality of battery elements; (b) determine individual status information, each corresponding to one of the one or more battery elements of the battery pack based on the one or more battery parameters; and (c) modify a use pattern of the battery pack based at least in part by considering an aggregate of the individual status information, and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 1, recognizing that Gallegos necessarily employs monitoring circuitry coupled to the battery pack for monitoring the battery parameters (e.g., Fig. 6, circuitry LMU for acquiring cell parameters such a current, voltage, temperature) as well as circuitry determining individual status information and modifying the use pattern (e.g., circuitry for automatically removing a string from service when a problem occurs to allow the vehicle to continue operating in a reduced capacity mode until a vehicle returns from operation; also see, e.g., paragraph 55, circuitry for determining if the current is in excess of 350 Amps, either charging or discharging, and this condition has existed continuously for five seconds and requesting to open the contactor for the string exceeding this limit; circuitry for determining if the temperature is in excess of 65 degrees Celsius and requesting to open a string contactor and notify the operator of a fault; also see, e.g., paragraph 61, circuitry for determining if temperature is in excess of +58 C and derating the charge and discharge; also see paragraph 37, Local Module Unit circuitry for determining when to balance battery cells). Claim 27 recites wherein the individual status information for a given battery element of the plurality of battery elements comprises at least one of: an individual health score for the given battery element, a temperature associated with the given battery element, a state of charge (SOC) for the given battery element, a location within the battery pack, or any combination thereof and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 2. Claim 28 recites wherein the control circuitry is configured to loop through (a)-(c) multiple times and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 7. Claim 29 recites wherein modifying the use pattern of the battery pack is based at least in part on a variance of the individual status information across the battery elements and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 10. Claim 30 recites wherein the individual status information of each of the plurality of battery elements are utilized to determine a poorest performing battery element of the battery pack, and wherein the modified use pattern is determined based at least in part on performance of the poorest performing battery element and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 11. Claim 31 recites wherein the control circuitry is further configured to rank the individual status information associated with the one or more battery elements, wherein considering the aggregate of the individual status information of the plurality of battery elements is based at least in part on the ranking and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 12. Claim 32 recites wherein the modified use pattern comprises modifying a charging process and/or a discharging process of the battery pack and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 17. Claim 33 recites wherein modifying the charging process comprises modifying a charging rate and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 18. Claim 34 recites wherein modifying the discharging process comprises at least one of: modifying a depth of discharge; modifying an output current; modifying an output power; modifying an output energy; modifying a discharge duration; modifying a cutoff voltage; modifying limits for one or more discharge parameters; modifying heat transfers or flux for a cell or the battery pack; modifying temperature rises for a cell or the battery pack; or modifying temperature gradients for the battery pack and is rejected under 35 U.S.C. 102 as anticipated by Gallegos for reasons analogous to those discussed above in connection with claim 19. 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 9. Claim 21, 25 and 35 is rejected under 35 U.S.C. 103 as being unpatentable over Gallegos. Regarding claim 21, Gallegos discloses a temperature control system associated with the battery pack to maintain or modify a battery pack temperature within a given temperature range (Gallegos, e.g., paragraph 133). Gallegos is not relied upon as explicitly disclosing providing instructions to the temperature control system that cause it to maintain or modify temperature. The examiner nonetheless takes Official notice of the fact that the use of closed-loop temperature control using temperature feedback (e.g., from a temperature sensor) in conjunction with a setpoint to maintain within a given temperature range was well-known and conventional before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. It 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 to modify Gallegos to include providing instructions to the temperature control system in the form of, e.g., temperature feedback and setpoint information. In this way, as is well-known in the art, closed-loop temperature control may be implemented by Gallegos’ cooling system to maintain the packs at temperatures within their limits). Regarding claim 25, Gallegos discloses a method of diagnosing battery defects in battery packs, the method comprising: (a) monitoring one or more battery parameters associated with one or more battery elements of a battery pack comprising a plurality of battery elements (Gallegos, e.g., Fig. 3 and paragraph 37, referring to FIG. 3, examples of arrangements and interconnections within packs and strings are shown; the power connections in a string may consist of two packs in series and those series packs may be paralleled with two other packs; each pack may consist of eight Local Module Units connected in series; each Local Module Unit may balance ten battery cells also connected in series; the examiner notes in Fig. 3 that the two top packs are in series and the bottom two packs are in series; also see Fig. 6 and paragraphs 51-76 which discloses one example of the architecture of a battery pack of Fig. 3, with the pack including a number of battery modules 600; each battery module 600 may have a Local Module Unit 601 which feeds data to a Pack Master 610; the Pack Master 610 may then send aggregated data back to an Energy Storage Master which may interface with a Vehicle Master Controller; the energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; in Fig. 6, the battery modules 600 constitute one or more battery elements of a battery pack, with each module 600 comprising a plurality of battery elements in the form of battery cells); (b) determining individual status information, each corresponding to one of the one or more battery elements of the battery pack based on the one or more battery parameters (see Gallegos as discussed above, e.g., Fig. 6 and paragraph 51, energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; thus, each pack may be addressable and may be queried as to the health and status at any time; if there is ever a problem with an individual battery cell, an entire string may be automatically removed from service to allow the vehicle to continue operating in a reduced capacity mode until a vehicle returns from operation); and (c) determining a presence of a defect in one or more battery elements of the plurality of battery elements of the battery pack based at least in part on the individual status information (Gallegos, e.g., paragraph 87, Pack Master Unit 800 may also monitor all Cells located inside Battery Module units and alert the Energy Storage Master if certain operation limits are exceeded; also see paragraphs 56, 61 and 63, warning messages and system responses may include: (1) for temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated, and (2) Lose Pack Contactor/Battery Cell/Battery Error). Gallegos is not relied upon as explicitly disclosing determining the likelihood of a presence of a defect. One of ordinary skill in the art would nonetheless understand that a particular cell having parameter values that consistently differ from those of other cells over time suggests the likelihood of a defect in the particular cell. For example, Gallegos tracks which cell has temperature or voltage extremes (Gallegos, e.g., paragraph 78). For a cell having temperature or voltage extremes consistently over a period of time, one of ordinary skill in the art would conclude that a cell defect is more probable than if the cell exhibited infrequent extremes over the time period. As a further example, in a case in which a cell temperature is reported that exceeds its limit, but the measured cell current is reported to be relatively low, one of ordinary skill in the art would conclude that the existence of a defect is less likely than in a case in which cell temperature is reported that exceeds its limit and the the measured cell current is reported to be relatively high. Such reasoning falls well withing the inferences and creative steps that a person of ordinary skill in the art would employ in light of the teachings of Gallegos and the scientific and engineering principles applicable to the pertinent art. For this reason, the recitation of determining the likelihood of a presence of a defect does not patentably define over Gallegos. Regarding claim 35, Gallegos discloses an apparatus for diagnosing battery defects in battery packs, the apparatus comprising: monitoring circuitry coupled to a battery pack (Gallegos, e.g., Fig. 3 and paragraph 37, referring to FIG. 3, examples of arrangements and interconnections within packs and strings are shown; the power connections in a string may consist of two packs in series and those series packs may be paralleled with two other packs; each pack may consist of eight Local Module Units connected in series; each Local Module Unit may balance ten battery cells also connected in series; the examiner notes in Fig. 3 that the two top packs are in series and the bottom two packs are in series; also see Fig. 6 and paragraphs 51-76 which discloses one example of the architecture of a battery pack of Fig. 3, with the pack including a number of battery modules 600; each battery module 600 may have a Local Module Unit 601 which feeds data to a Pack Master 610; the Pack Master 610 may then send aggregated data back to an Energy Storage Master which may interface with a Vehicle Master Controller; the energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; in Fig. 6, the battery modules 600 constitute one or more battery elements of a battery pack, with each module 600 comprising a plurality of battery elements in the form of battery cells; it is implicit that Gallegos’ arrangement employs monitoring circuitry to measure voltage, current, temperature and humidity); and control circuitry, coupled to the monitoring circuitry, configured to: (a) monitor one or more battery parameters associated with one or more battery elements of a battery pack comprising a plurality of battery elements; (b) determine individual status information, each corresponding to one of the one or more battery elements of the battery pack based on the one or more battery parameters (Gallegos, e.g., Fig. 3 and paragraph 37, referring to FIG. 3, examples of arrangements and interconnections within packs and strings are shown; the power connections in a string may consist of two packs in series and those series packs may be paralleled with two other packs; each pack may consist of eight Local Module Units connected in series; each Local Module Unit may balance ten battery cells also connected in series; the examiner notes in Fig. 3 that the two top packs are in series and the bottom two packs are in series; also see Fig. 6 and paragraphs 51-76 which discloses one example of the architecture of a battery pack of Fig. 3, with the pack including a number of battery modules 600; each battery module 600 may have a Local Module Unit 601 which feeds data to a Pack Master 610; the Pack Master 610 may then send aggregated data back to an Energy Storage Master which may interface with a Vehicle Master Controller; the energy storage master unit may communicate with all Pack Master units 610, a bus controller, and a curbside charger(s), and may keep track of voltage, current 604, temperature, humidity, state of charge (SOC) and state of health (SOH) for all cells within each of the battery modules 600; in Fig. 6, the battery modules 600 constitute one or more battery elements of a battery pack, with each module 600 comprising a plurality of battery elements in the form of battery cells); and (c) determine a presence of a defect in one or more battery elements of the plurality of battery elements of the battery pack based at least in part on the individual status information (Gallegos, e.g., paragraph 87, Pack Master Unit 800 may also monitor all Cells located inside Battery Module units and alert the Energy Storage Master if certain operation limits are exceeded; also see paragraphs 56, 61 and 63, warning messages and system responses may include: (1) for temperature in excess of +58 C, the operator shall be notified of a temperature warning, and the charge and discharge shall be derated, and (2) Lose Pack Contactor/Battery Cell/Battery Error). Gallegos is not relied upon as explicitly disclosing control circuitry configured to determine the likelihood of a presence of a defect. One of ordinary skill in the art would nonetheless understand that a particular cell having parameter values that consistently differ from those of other cells over time suggests the likelihood of a defect in the particular cell. For example, Gallegos tracks which cell has temperature or voltage extremes (Gallegos, e.g., paragraph 78). For a cell having temperature or voltage extremes consistently over a period of time, one of ordinary skill in the art would conclude that a cell defect is more likely than if the cell exhibited infrequent extremes over the time period. As a further example, in a case in which a cell temperature is reported that exceeds its limit, but the measured cell current is reported to be relatively low, one of ordinary skill in the art would conclude that the existence of a defect is less likely than in a case in which cell temperature is reported that exceeds its limit and the measured cell current is reported to be relatively high. Such reasoning falls well withing the inferences and creative steps that a person of ordinary skill in the art would employ in light of the teachings of Gallegos and the scientific and engineering principles applicable to the pertinent art. For this reason, the recitation that the control circuitry is configured to determine the likelihood of a presence of a defect does not patentably define over Gallegos. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gallegos in view of US 2016/0315363 to Esteghlal (Esteghlal). Regarding claim 9, Gallegos is not relied upon as explicitly disclosing wherein the individual status information for different battery elements of the battery pack vary based at least in part on differences in temperature gradients within the battery pack experienced by the one or more battery elements. Esteghlal discloses that the temperature difference (temperature gradient), which is admissible for the operation of the battery cells, in a battery cell and/or within a battery module or a battery typically lies between 5 Kelvin and 10 Kelvin (Esteghlal, e.g., paragraph 6). In the case of larger temperature gradients, different regions of a battery cell or different battery cells of a battery module or a battery can experience different stresses or even be (partially) overloaded and/or damaged (Esteghlal, e.g., paragraph 6). In addition, a danger of condensation forming in the battery exists due to temperature gradients and/or temperature changes (Esteghlal, e.g., paragraph 6). The damage can lead to an accelerated ageing of the battery cells or to a thermal runaway of the battery cells, which presents a danger for humans and the environment (Esteghlal, e.g., paragraph 6). Esteghlal therefore discloses that temperature gradients can affect battery parameters such as temperature (thermal runaway), humidity (condensation), state of health (ageing), each of which are parameters monitored by Gallegos and reflected in the individual status information determined by Gallegos. Moreover, one of ordinary skill in the art would certainly be aware that because battery temperature affects battery parameters of voltage, current and SOC, temperature gradients will also affect values of these parameters, which are also monitored by Gallegos and reflected in the individual status information determined by Gallegos. The recitation that the individual status information for different battery elements of the battery pack vary based at least in part on differences in temperature gradients within the battery pack experienced by the one or more battery elements therefore does not patentably distinguish over Gallegos when considered in light of Esteghlal. Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Gallegos in view of US 2017/0214256 to Hardy (Hardy). Regarding claim 15, Gallegos is not relied upon as explicitly disclosing determining a rate of change of at least one parameter of the one or more battery parameters for at least one battery element of the plurality of battery elements. Hardy discloses in connection with Fig. 4 temperature sensors 20 arranged on each cell of a battery for monitoring the terminal temperatures of each cell (Hardy, e.g., Fig. 4 and paragraph 163). Hardy further discloses that a monitored temperature may be determined not to conform to an acceptable pattern if the variance of the rate of change of said monitored temperature from an average rate of change of temperature of two or more of the temperature sensors is greater than a second predetermined amount (Hardy, e.g., paragraph 86). In response to such a condition, Hardy discloses that an exception may be raised, the battery monitor may send a signal to stop charging/discharging of said battery (Hardy, e.g., paragraph 90). Hardy therefore discloses determining a rate of change of at least one parameter for at least one battery element (cell) of the plurality of battery elements. It 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 to modify Gallegos to include determining a rate of change of at least one parameter of the one or more battery parameters for at least one battery element of the plurality of battery elements. In this way, when an exception is identified, charging/discharging may be stopped prevent a dangerous condition. Regarding claim 16, Gallegos discloses wherein the modified use pattern is determined based at least in part on a determination that a rate of change of a given battery parameter differs by more than a threshold amount for a first battery element relative to a rate of change of the given battery parameter for two or more other battery elements of the battery pack (see Gallegos in view of Hardy as applied to claim 15, Hardy, e.g., paragraph 86, a monitored temperature may be determined not to conform to an acceptable pattern if the variance of the rate of change of said monitored temperature from an average rate of change of temperature of two or more of the temperature sensors is greater than a second predetermined amount). Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Gallegos in view of US 2022/0344734 to Tanovic et al. (Tanovic). Regarding claim 23, Gallegos is not relied upon as explicitly disclosing wherein at least one of the one or more battery parameters is indicative of ion diffusion, and wherein the method further comprises determining the current temperature based at least on the one or more battery parameters indicative of ion diffusion. Gallegos may use temperature sensors attached at the module level for measuring temperature (see Gallegos, e.g., paragraph 120). Tanovic discloses that battery cell temperature as measured using a surface thermocouple may differ significantly from the actual temperature at the inside of the battery due to delay in heat conductivity through the body of the battery, from the inside to the surface, as well as to battery self-heating, for example (Tanovic, e.g., paragraph 20). Tanovic discloses that the internal temperature of a Li-ion rechargeable battery, such as an EV battery, may be estimated using data obtained using EIS measurement technology (Tanovic). It 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 to modify Gallegos such that at least one of the one or more battery parameters is indicative of ion diffusion (e.g., EIS parameter measurements, which the examiner notes are indicative of ion diffusion), and wherein the method further comprises determining the current temperature based at least on the one or more battery parameters indicative of ion diffusion. In this way, in the manner disclosed by Tanovic, the actual temperature at the inside of the battery can be determined without the delay and other shortcomings associated with surface-mounted temperature sensors. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2016/0336623 to Nayar et al. relates to methods and systems for monitoring and/or regulating energy storage devices M. Brandl et al., "Batteries and battery management systems for electric vehicles," 2012 Design, Automation & Test in Europe Conference & Exhibition (DATE), Dresden, Germany, 2012, pp. 971-976 relates to a general and flexible architecture for battery management implementation and the main techniques for state-of-charge estimation and charge balancing. I. Carlucho, R. de la Vega, M. Spina and G. G. Acosta, "A Modular Battery Management System for Electric Vehicles," 2018 IEEE Biennial Congress of Argentina (ARGENCON), San Miguel de Tucuman, Argentina, 2018, pp. 1-6 relates to a modular Battery Management System to give flexibility and allow portability to different type of battery packs. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL R MILLER whose telephone number is (571) 270-1964. The examiner can normally be reached 10AM-6PM EST M-F. 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, CATHERINE T RASTOVSKI can be reached on (571) 270-0349. 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 R MILLER/Primary Examiner, Art Unit 2863
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Prosecution Timeline

Sep 15, 2023
Application Filed
Nov 15, 2025
Non-Final Rejection — §102, §103
Feb 06, 2026
Interview Requested
Feb 13, 2026
Applicant Interview (Telephonic)
Feb 26, 2026
Response Filed
Apr 04, 2026
Examiner Interview Summary
Apr 10, 2026
Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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2y 9m
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