Prosecution Insights
Last updated: April 19, 2026
Application No. 18/480,219

METHOD, SYSTEM, AND APPARATUS FOR USING A REFERENCE CELL TO MONITOR A BATTERY CELL CONDITION

Non-Final OA §103§112
Filed
Oct 03, 2023
Examiner
NIMOX, RAYMOND LONDALE
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Honeywell International Inc.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
82%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
323 granted / 461 resolved
+2.1% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
51 currently pending
Career history
512
Total Applications
across all art units

Statute-Specific Performance

§101
36.5%
-3.5% vs TC avg
§103
28.1%
-11.9% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
11.0%
-29.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 461 resolved cases

Office Action

§103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With respect to Claim(s) 1, 10, 18, the limitation states “wherein the reference battery cell is subjected to a first number of charge/discharge cycles and the one or more load-bearing battery cells are subjected to a second number of charge/discharge cycles, such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles”. With respect to Claim(s) 3, 12, the limitation states “wherein the reference battery cell is subjected to charge/discharge cycles, such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles, before being disposed within the compartment of the reference device”. With respect to Claim(s) 5, 14, 19, the limitation states “wherein the reference device further comprises a representative battery cell, wherein the representative battery cell is subjected to a third number of charge/discharge cycles, wherein the third number of charge/discharge cycles is substantially equivalent to the second number of charge/discharge cycles associated with the number of charge/discharge cycles of the one or more load-bearing battery cells, and wherein the third number of charge/discharge cycles is less than the first number of charge/discharge cycles associated with the number of charge/discharge cycles of the reference battery cell”. It is unclear how these limitations further limit the structure and function of the plurality of battery devices/cells. POSITA would understand a conventional battery cell to be operable to be charged/discharged any number of times through the end of a battery cell’s lifespan. Further, it is unclear how the number of cycles of each battery cell further limits the function of the battery management device. It does not appear that the battery management device utilizes any charge/discharge cycle information to determine a health condition of either battery cell. For examination purposes, any system/device/method that determines the health of a battery cell of a battery pack based on physical characteristic data of a reference battery cell meets the BRI of the claimed invention. Claim(s) 2, 4, 6-9, 11, 13, 15-17, 20 is/are rejected as for being dependent on the above rejected parent claim(s). 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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ROUMI ET AL. (US 20200006962 A1) (hereinafter “ROUMI”) in view of SOOD ET AL. (US 20180287219 A1) (hereinafter “SOOD”). With respect to Claim(s) 1, ROUMI teaches a plurality of battery packs is provided in communication with an energy monitoring and control system. Each battery pack includes a plurality of battery cells that collectively dictate the capabilities of the battery pack. The energy monitoring and control system determines a plurality of pack charging or pack discharging parameters for each battery pack that, when performed, achieve one or more performance metrics at a user level (e.g., performance metrics of each battery pack within a system of multiple battery packs). The battery pack further determines a plurality of cell charging or cell discharging parameters for each battery cell based upon the determined plurality of pack charging or pack discharging parameters for each battery cell that, when performed, achieve one or more performance metrics at a battery level (e.g., performance metrics of different cells of each battery pack) and the BRI of: monitoring a health condition of a battery cell (See, e.g., ¶ 0007), a battery pack electrically connected to a load, the battery pack comprising one or more load-bearing battery cells (See, e.g., Fig(s). 1A-5C); a reference device (See, e.g., Fig(s). 1A-5C) comprising: a reference battery cell (See, e.g., Fig(s). 1A-5C); a battery charger/discharger electrically connected to the reference battery cell (See, e.g., Fig(s). 1A-5C); and a sensing device positioned to measure a physical characteristic of the reference battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C), wherein the reference battery cell is subjected to a first number of charge/discharge cycles and the one or more load-bearing battery cells are subjected to a second number of charge/discharge cycles (See, e.g., Fig(s). 1A-5C); and a battery management device communicatively connected to the battery pack and the reference device (See, e.g., Fig(s). 1A-5C), wherein the battery management device receives a load current corresponding to a current required by the load (See, e.g., ¶ 0007, 0029, 0037, 0040, 0146), wherein the battery management device transmits a reference current corresponding to the load current, and wherein the reference current is applied to the reference battery cell of the reference device, such that the health condition of the one or more load-bearing battery cells is determined based on the measured physical characteristic of the reference battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200). However, ROUMI is lacking the explicit language of: such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles (See 112(b) Rejections). SOOD teaches a monitoring device for a battery pack, which includes a plurality of battery cells, has at least one ultrasound source and at least one ultrasound sensor. The ultrasound source can be configured to generate and direct ultrasound at one or more battery cells of the battery pack. The ultrasound sensor can be configured to detect ultrasound reflected from or transmitted through one or more cells of the battery pack. A battery management unit receives one or more signals from the ultrasound sensor responsive to the detected ultrasound. The battery management unit can be configured to determine a state of the battery pack based at least in part on the detected ultrasound and the BRI of: such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles (See 112(b) Rejections; See, e.g., ¶ 0127-0128; See also, e.g., Fig(s). 11-12B, 15-17) It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify ROUMI to include such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles. One of ordinary skill in the art would have been motivated to modify ROUMI because it would be beneficial to health monitor an energy storage device. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 10, ROUMI teaches a plurality of battery packs is provided in communication with an energy monitoring and control system. Each battery pack includes a plurality of battery cells that collectively dictate the capabilities of the battery pack. The energy monitoring and control system determines a plurality of pack charging or pack discharging parameters for each battery pack that, when performed, achieve one or more performance metrics at a user level (e.g., performance metrics of each battery pack within a system of multiple battery packs). The battery pack further determines a plurality of cell charging or cell discharging parameters for each battery cell based upon the determined plurality of pack charging or pack discharging parameters for each battery cell that, when performed, achieve one or more performance metrics at a battery level (e.g., performance metrics of different cells of each battery pack) and the BRI of: monitoring a health condition of one or more load-bearing cells subjected to a load current (See, e.g., ¶ 0007), a reference battery cell (See, e.g., Fig(s). 1A-5C); a battery charger/discharger electrically connected to the reference battery cell (See, e.g., Fig(s). 1A-5C); and a sensing device positioned to measure a physical characteristic of the reference battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C), wherein the reference battery cell is subjected to a first number of charge/discharge cycles and the one or more load-bearing battery cells are subjected to a second number of charge/discharge cycles (See, e.g., Fig(s). 1A-5C); and wherein a reference current corresponding to the load current is applied to the reference battery cell, such that the health condition of the one or more load-bearing battery cells is determined based on the measured physical characteristic of the reference battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200). However, ROUMI is lacking the explicit language of: such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles (See 112(b) Rejections). SOOD teaches a monitoring device for a battery pack, which includes a plurality of battery cells, has at least one ultrasound source and at least one ultrasound sensor. The ultrasound source can be configured to generate and direct ultrasound at one or more battery cells of the battery pack. The ultrasound sensor can be configured to detect ultrasound reflected from or transmitted through one or more cells of the battery pack. A battery management unit receives one or more signals from the ultrasound sensor responsive to the detected ultrasound. The battery management unit can be configured to determine a state of the battery pack based at least in part on the detected ultrasound and the BRI of: such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles (See 112(b) Rejections; See, e.g., ¶ 0127-0128; See also, e.g., Fig(s). 11-12B, 15-17) It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify ROUMI to include such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles. One of ordinary skill in the art would have been motivated to modify ROUMI because it would be beneficial to health monitor an energy storage device. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 18, ROUMI teaches a plurality of battery packs is provided in communication with an energy monitoring and control system. Each battery pack includes a plurality of battery cells that collectively dictate the capabilities of the battery pack. The energy monitoring and control system determines a plurality of pack charging or pack discharging parameters for each battery pack that, when performed, achieve one or more performance metrics at a user level (e.g., performance metrics of each battery pack within a system of multiple battery packs). The battery pack further determines a plurality of cell charging or cell discharging parameters for each battery cell based upon the determined plurality of pack charging or pack discharging parameters for each battery cell that, when performed, achieve one or more performance metrics at a battery level (e.g., performance metrics of different cells of each battery pack) and the BRI of: monitoring one or more load-bearing battery cells (See, e.g., ¶ 0007), determining a load current, wherein the load current corresponds to a current required by a load electrically connected to the one or more load-bearing battery cells (See, e.g., ¶ 0007, 0029, 0037, 0040, 0146); causing a battery charger/discharger electrically connected to a reference battery cell (See, e.g., Fig(s). 1A-5C) to apply a reference current, substantially equivalent to the load current, to the reference battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200), wherein the reference battery cell is subjected to a first number of charge/discharge cycles and the one or more load-bearing battery cells are subjected to a second number of charge/discharge cycles (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200); receiving a physical characteristic of the reference battery cell from a sensing device (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C), wherein the sensing device is positioned to measure a physical characteristic of the reference battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C); determining a health condition of the reference battery cell based at least in part on the physical characteristic (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200); and performing an action with reference to the one or more load-bearing battery cells, based on the health condition of the reference battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200). However, ROUMI is lacking the explicit language of: such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles (See 112(b) Rejections). SOOD teaches a monitoring device for a battery pack, which includes a plurality of battery cells, has at least one ultrasound source and at least one ultrasound sensor. The ultrasound source can be configured to generate and direct ultrasound at one or more battery cells of the battery pack. The ultrasound sensor can be configured to detect ultrasound reflected from or transmitted through one or more cells of the battery pack. A battery management unit receives one or more signals from the ultrasound sensor responsive to the detected ultrasound. The battery management unit can be configured to determine a state of the battery pack based at least in part on the detected ultrasound and the BRI of: such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles (See 112(b) Rejections; See, e.g., ¶ 0127-0128; See also, e.g., Fig(s). 11-12B, 15-17) It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify ROUMI to include such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles. One of ordinary skill in the art would have been motivated to modify ROUMI because it would be beneficial to health monitor an energy storage device. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 2, 11, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein the reference device further comprises a housing defining a compartment physically separated from a the one or more load-bearing battery cells (See, e.g., Fig(s). 1A-5C), and wherein the reference battery cell is disposed within the compartment (See, e.g., Fig(s). 1A-5C). With respect to Claim(s) 3, 12, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein the reference battery cell is subjected to charge/discharge cycles, such that the first number of charge/discharge cycles is greater than the second number of charge/discharge cycles, before being disposed within the compartment of the reference device (See, e.g., Fig(s). 1A-5C). With respect to Claim(s) 4, 13, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein the sensing device comprises at least one of an ultrasonic transducer, a voltage sensor, and a temperature sensor (See, e.g., ¶ 0024). With respect to Claim(s) 5, 14, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein the reference device further comprises a representative battery cell (See, e.g., Fig(s). 1A-5C), wherein the representative battery cell is subjected to a third number of charge/discharge cycles (See, e.g., Fig(s). 1A-5C), wherein the third number of charge/discharge cycles is substantially equivalent to the second number of charge/discharge cycles associated with the number of charge/discharge cycles of the one or more load-bearing battery cells (See, e.g., Fig(s). 1A-5C). SOOD further teaches the BRI of: wherein the third number of charge/discharge cycles is less than the first number of charge/discharge cycles associated with the number of charge/discharge cycles of the reference battery cell (See 112(b) Rejections; See, e.g., ¶ 0127-0128; See also, e.g., Fig(s). 11-12B, 15-17). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify ROUMI to include wherein the third number of charge/discharge cycles is less than the first number of charge/discharge cycles associated with the number of charge/discharge cycles of the reference battery cell. One of ordinary skill in the art would have been motivated to modify ROUMI because it would be beneficial to health monitor an energy storage device. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 6, 15, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein a second sensing device is positioned proximate the representative battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C) to measure a physical characteristic of the representative battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C). With respect to Claim(s) 7, 16, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein the second sensing device comprises at least one of an ultrasonic transducer, a voltage sensor, and a temperature sensor (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C). With respect to Claim(s) 8, 17, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein a comparison is made between the physical characteristic of the reference battery cell and the physical characteristic of the representative battery cell See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200), and wherein the health condition of the one or more load-bearing battery cells is determined based at least in part on the comparison See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200). With respect to Claim(s) 19, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: further comprising: receiving a physical characteristic of a representative battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C), wherein the representative battery cell is subjected to a third number of charge/discharge cycles (See, e.g., Fig(s). 1A-5C), such that the third number of charge/discharge cycles is substantially equivalent to the second number of charge/discharge cycles associated with the number of charge/discharge cycles of the one or more load-bearing battery cells (See, e.g., Fig(s). 1A-5C), and wherein a second sensing device is positioned proximate the representative battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C) to measure a physical characteristic of the representative battery cell (See, e.g., ¶ 0144; See also, e.g., Fig(s). Fig(s). 1A-5C); comparing the physical characteristic of the reference battery cell and the physical characteristic of the representative battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200); and determining the health condition of the one or more load-bearing battery cells based at least in part on the comparison between the physical characteristic of the reference battery cell and the physical characteristic of the representative battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200). SOOD further teaches the BRI of: wherein the third number of charge/discharge cycles is less than the first number of charge/discharge cycles associated with the number of charge/discharge cycles of the reference battery cell (See 112(b) Rejections; See, e.g., ¶ 0127-0128; See also, e.g., Fig(s). 11-12B, 15-17). It would have been obvious to one ordinary skill in the art, at the time before the effective filing date of the claimed invention, to modify ROUMI to include wherein the third number of charge/discharge cycles is less than the first number of charge/discharge cycles associated with the number of charge/discharge cycles of the reference battery cell. One of ordinary skill in the art would have been motivated to modify ROUMI because it would be beneficial to health monitor an energy storage device. Further, it would be obvious to combine prior art elements according to known methods to yield predictable results, simply substitute one known element for another to obtain predictable results, use known techniques to improve similar devices in the same way, and/or apply a known technique to a known device ready for improvement to yield predictable results. With respect to Claim(s) 9, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein the physical characteristic compared is at least one of an amplitude of a received ultrasonic signal, a voltage difference across a first and second terminal of the battery cell, and a temperature proximate the battery cell (See, e.g., ¶ 0058, 0068, 0148, 0170-0172, 0178-0200). With respect to Claim(s) 20, ROUMI, SOOD teaches the BRI of the parent claim(s). ROUMI further teaches the BRI of: wherein performing an action with reference to the one or more load-bearing battery cells comprises electrically disconnecting the load from the one or more load-bearing cells (See, e.g., ¶ 0032). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT. 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 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. RAYMOND NIMOX Primary Examiner Art Unit 2857 /RAYMOND L NIMOX/Primary Examiner, Art Unit 2857
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Prosecution Timeline

Oct 03, 2023
Application Filed
Dec 21, 2025
Non-Final Rejection — §103, §112 (current)

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