Prosecution Insights
Last updated: April 19, 2026
Application No. 18/385,318

SYSTEM AND METHOD TO CHARACTERIZE THE PERFORMANCE OF ELECTRICAL STORAGE SYSTEMS

Non-Final OA §103
Filed
Oct 30, 2023
Examiner
DESTA, ELIAS
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Tektronix Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
886 granted / 1055 resolved
+16.0% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
33 currently pending
Career history
1088
Total Applications
across all art units

Statute-Specific Performance

§101
25.9%
-14.1% vs TC avg
§103
26.8%
-13.2% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1055 resolved cases

Office Action

§103
Detailed Action Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Drawing The drawing filed on October 30, 2023 is accepted by the Examiner. Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Objection Claim 11 is objected to because of the following minor informalities: in the instant claim, the last line into the claim recites, “present the Nyquist plot at an output of the oscilloscope”. The word “present” should be deleted, and it should be “an oscilloscope” because there is no antecedent basis for the oscilloscope. Claim rejection – 35 U.S.C. §103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claims 1, 3-11, 13-17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mallas et al. (U.S. Patent No. 12,114,972, hereon Mallas) in view of Dominguez (U.S. PAP 2018/0023201, hereon Dominguez). In reference to claim 1: Mallas discloses a testing system for performing Electrochemical Impedance Spectroscopy on a Unit Under Test (UUT) or sensor unit (see Mallas, abstract and Fig. 3, sensor electronics device), the system comprising: a function generator (sinusoidal voltage generator, Fig. 8D, subsection 891) configured to apply a plurality of frequency components (see Mallas, Fig. 11, current-to-frequency conversion produces multiple frequency values) combined in a single burst or broadband stimulus to the UUT (see Mallas, column 90, lines 50-58, broad band stimulus as it provides signal frequences above 100Hz); and a system having one or more processors configured to: measure an amplitude ratio and phase difference between a voltage and a current (see Mallas, column 34, lines 49-53) of the UUT at a plurality of frequencies after the single burst or broadband stimulus of frequency components has been applied, generate a Nyquist plot of impendence values in both real and imaginary axes from the measured phase difference, and present the Nyquist plot at an output of the system (see Mallas, Fig. 16A, illustrates an example of a Nyquist plot where, for a selected frequency spectrum from 0.1 Hz to 1000 MHz, AC voltages plus a DC voltage (DC bias) are applied to the working electrode). However, Mallas is silent having an oscilloscope to perform electrochemical impedance spectroscopy on a unit under test. Dominguez discloses Electrochemical Impedance Spectroscopy (EIS) was recorded at the steady state polarization potential (−0.350 V) a frequency ranges from 3 kHz to 3 mHz, with 6 points per logarithmic decade, using an amplitude of 10 mV…... Linearity was verified by real time monitoring of non-distortions in Lissajous plots, which were observed via an on-line connected oscilloscope (see Dominguez, paragraph 0154]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the testing system as taught by Mallas, and incorporate an oscilloscope to perform electrochemical impedance spectroscopy on a unit under test because an oscilloscope would provide a better resource or tool to visualize all the measured and computed variables, and would provide a means to debug, trouble shoot, design and test electronic components or circuits by displaying waveforms to measure, ratios, amplitudes, frequency, noise and timing as noted in Mallas. With regard to claim 3: Mallas in view of Dominguez further discloses that the plurality of frequency components in the single burst comprises at least 20 individual frequency points spanning a specific frequency range based on qualities of the UUT (see Mallas, Figs. 16A, and Fig. 31 where EIS is run (i.e., each time an EIS procedure is performed), data may be gathered about a multiplicity of impedance-based parameters, or characteristics, which can be used to detect sensor condition or quality, including, e.g., whether the sensor has failed or is failing). With regard to claim 4: Mallas in view of Dominguez further discloses that the frequency range spans between .01 Hz and 1 MHz (see Mallas, Fig. 16A, Rp+Rs, at 1KHz, then to 0.1Hz and lower). With regard to claim 5: Mallas in view of Dominguez further discloses that the plurality of frequencies used for measuring the amplitude ratio and phase difference is based on qualities of the UUT or the sensor (see Mallas, column 48, lines 20-32). With regard to claim 6: Mallas in view of Dominguez further discloses that the plurality of frequencies used for measuring the amplitude ratio and phase difference spans from 1 Hz to 40 MHz (see Mallas, Figs. 40A and 40B, bode plots show for the phase between 0.01Hz to 100Mz.) With regard to claim 7: Mallas in view of Dominguez further discloses that the one or more processors of the oscilloscope are structured to: generate a gain plot and a phase plot of the measured amplitude and phase difference between the voltage and the current of the UUT at the plurality of frequencies; and present the gain plot and the phase plot on the output of the oscilloscope (see Mallas, Figs. 40A, phase, and Fig.40B, impedance or gain). With regard to claim 9: Mallas in view of Dominguez further discloses that the one or more processors of the oscilloscope are structured to output scalar values representing one or more zones of the Nyquist plot (see Mallas, Fig. 63). With regard to claim 10: Mallas in view of Dominguez further discloses that the scalar values include values for one or more of bulk resistance (see Mallas, Fig, 57, membrane resistance), solid electrolyte interface (conductivity of electrolyte), charge transfer (charge transfer between electrodes), and Warburg impedance (see Mallas, column 93, lines 43-55, the frequency dependent impedance, Warburg element). In reference to claim 11: Mallas discloses a method for performing Electrochemical Impedance Spectroscopy on a Unit Under Test (UUT), (see Mallas, abstract and Fig. 3), the method comprising: applying a plurality of frequency components (sinusoidal voltage generator output, Fig. 8D, subsection 891) combined in a single burst or broadband stimulus to the UUT (see Mallas, Fig. 11, current-to-frequency conversion produces multiple frequency values); measuring an amplitude ratio and phase difference between a voltage and a current of the UUT at a plurality of frequencies after the single burst or broadband stimulus of frequency components has been applied (see Mallas, column 34, lines 49-53); generating a Nyquist plot of impendence values in both real and imaginary axes from the measured phase difference; and presenting present the Nyquist plot at an output of the testing system (see Mallas, Fig. 16A, illustrates an example of a Nyquist plot where, for a selected frequency spectrum from 0.1 Hz to 1000 MHz, AC voltages plus a DC voltage (DC bias) are applied to the working electrode). However, Mallas is silent having an oscilloscope to perform electrochemical impedance spectroscopy on a unit under test. Dominguez discloses Electrochemical Impedance Spectroscopy (EIS) was recorded at the steady state polarization potential (−0.350 V) a frequency ranges from 3 kHz to 3 mHz, with 6 points per logarithmic decade, using an amplitude of 10 mV…... Linearity was verified by real time monitoring of non-distortions in Lissajous plots, which were observed via an on-line connected oscilloscope (see Dominguez, paragraph 0154]). Therefore, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify the testing system as taught by Mallas, and incorporate an oscilloscope to perform electrochemical impedance spectroscopy on a unit under test because an oscilloscope would provide a better resource or tool to visualize all the measured and computed variables, and would provide a means to debug, trouble shoot, design and test electronic components or circuits by displaying waveforms to measure, ratios, amplitudes, frequency, noise and timing as noted in Mallas With regard to claim 13: Mallas in view of Dominguez further discloses that applying a plurality of frequency components comprises applying at least 20 individual frequency points spanning a specific frequency range based on qualities of the UUT (see Mallas, Figs. 16A, and Fig. 31 where EIS is run (i.e., each time an EIS procedure is performed), data may be gathered about a multiplicity of impedance-based parameters, or characteristics, which can be used to detect sensor condition or quality, including, e.g., whether the sensor has failed or is failing). With regard to claim 14: Mallas in view of Dominguez further discloses that the frequency range spans between .01 Hz and 1 MHz (see Mallas, Fig. 16A, Rp+Rs, at 1KHz, then to 0.1Hz and lower). With regard to claim 15: Mallas in view of Dominguez further discloses that measuring the amplitude ratio and phase difference at a plurality of frequencies comprises measuring the amplitude ratio and phase difference at a plurality of frequencies based on qualities of the UUT (see Mallas, column 48, lines 20-32). With regard to claim 16: Mallas in view of Dominguez further discloses that the plurality of frequencies used for measuring the amplitude ratio and phase difference spans from 1 Hz to 40 MHz (see Mallas, Figs. 40A and 40B, bode plots show for the phase between 0.01Hz to 100Mz.) With regard claim 17: Mallas in view of Dominguez further discloses that the method comprising: generating a gain plot and a phase plot of the measured amplitude and phase difference between the voltage and the current of the UUT at the plurality of frequencies; and presenting the gain plot and the phase plot on the output of the oscilloscope (see Mallas, Figs. 40A, phase, and Fig.40B, impedance or gain). With regard to claim 19: Mallas in view of Dominguez further discloses that the method comprising generating and outputting scalar values representing one or more zones of the Nyquist plot (see Mallas, Fig. 63). With regard to claim 20: Mallas in view of Dominguez further discloses that the scalar values include values for one or more of bulk resistance, (see Mallas, Fig, 57, membrane resistance), solid electrolyte interface (conductivity of electrolyte), charge transfer (charge transfer between electrodes), and Warburg impedance (see Mallas, column 93, lines 43-55, the frequency dependent impedance, Warburg element). Claim Objection Claims 2, 8, 12 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because Mallas in view of Dominguez does not disclose or teach having a load varying device configured to apply at least two different loads to the UUT, and in which the one or more processors of the oscilloscope is further configured to: to measure an amplitude ratio and phase difference between a voltage and a current of the UUT at a plurality of frequencies after the single burst of frequency components has been applied for at least two different load values applied to the UUT; generate a Nyquist plot of impendence values in both real and imaginary axes from each of the at least two measured phase difference; and producing the Nyquist plots on a single image at the output of the oscilloscope, or determining a state of charge of the UUT by model fitting the Nyquist plot against a plurality of Nyquist plots of other UUTs having known states of charge, at least two of the plurality of Nyquist plots having different input voltages and temperature conditions than others in the plurality of Nyquist plots. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. You et al. (U.S. Patent No. 10,393,819) disclose method and apparatus for estimating state of a battery. The method and apparatus include a time detector configured to detect a time during which a voltage level of a battery being, partially charged and discharged. Fasching et al. (U.S. Patent No. 11,692,956) discloses methods and systems for in-situ impedance spectroscopy analysis of battery cells in multi-cell battery packs. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIAS DESTA whose telephone number is (571)272-2214. The examiner can normally be reached M-F: 8:30 to 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, Andrew M Schechter can be reached at 571-272-2302. 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. /ELIAS DESTA/ Primary Examiner, Art Unit 2857
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Prosecution Timeline

Oct 30, 2023
Application Filed
Jan 23, 2026
Non-Final Rejection — §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.5%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1055 resolved cases by this examiner. Grant probability derived from career allow rate.

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