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 .
Election/Restrictions
Applicant's election with traverse to examine all claims in the reply filed on 13 July 2026 is acknowledged. The traversal is on the ground(s) that there is unity of invention among the three groups. This is not found persuasive because unity of invention analysis of the claims is what determines whether unity of invention exists. Applicant’s arguments are not solely directed to the claimed invention, but rather the inventive concepts, which are not common features shared between the independent claims. Therefore, as stated in the restriction mailed 13 May 2026, unity of invention does not exist between Groups I-III and Applicant’s election with traverse to examine all claims is not persuasive. However, as this analysis was not further performed between Groups I and II, and the independent claims of Groups I and II are identical, they share technical features that weren’t addressed in the restriction mailed 13 May 2026. Therefore, Applicant’s traversal to examine both Groups I and II is found persuasive and claims 1-10, and 12-23 are examined below.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 1-10 and 12-23 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.
In claim 1, lines 7-8, is “a directly connected electrical stimulus device” supposed to be the same as or different from “a directly connected electrical stimulus device” as established in claim 1, lines 4-5? For the purposes of examination, they will be treated as being the same. As claims 2-10 and 12-14 depend either directly or indirectly from claim 1, they are rejected for the same reason.
In claim 15, lines 7-8, is “a directly connected electrical stimulus device” supposed to be the same as or different from “a directly connected electrical stimulus device” as established in claim 15, lines 4-5? For the purposes of examination, they will be treated as being the same. As claims 16-23 depend either directly or indirectly from claim 15, they are rejected for the same reason.
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 (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 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.
Claim(s) 1-3, 5-7, 9, 14, 15, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lemkin et al. (EP 3475715 A1, hereinafter “Lemkin”; listed in the IDS filed 5 January 2024).
Regarding claim 1, Lemkin teaches a method of determining a position of a battery cell (battery modules 104, 106, see Fig. 1A; [0027]-[0028]) within a battery system (see Fig. 1A) comprising a plurality of battery cells (see Fig. 1A and [0027]-[0028]), each battery cell having a unique identifier, ID (see [0095]), and each battery cell configured to experience a change in voltage when an electrical stimulus is applied to the battery cell by a directly connected electrical stimulus device (resistors 553 and 555, see Fig. 5B; [0088]), the method comprising:
receiving a first signal associated with a first battery cell (equated to any single battery cell of the plurality of battery cells; see Fig. 1A) experiencing a change in voltage due to an electrical stimulus applied to the battery cell by a directly connected electrical stimulus device (see [0008] and [0076]-[0080]);
obtaining the unique ID associated with the first battery cell (see [0095] and [0106]);
determining the position of the first battery cell, based on the received first signal associated with the first battery cell (see [0008] and [0076]-[0080]); and
associating the determined position with the obtained unique ID of the first battery cell (see [0095] and [0106]).
Regarding claim 2, Lemkin teaches wherein each battery cell comprised within the battery system comprises the electrical stimulus device (resistors 553 and 555, see Fig. 5B; [0088]), the electrical stimulus having an active state in which the electrical stimulus device causes a change in the voltage of the associated battery cell it is directly connected to (see [0029], [0080], and [0088]), the method further comprising:
receiving the first signal from a voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]) connected to the first battery cell when the associated electrical stimulus device (resistors 553 and 555, see Fig. 5B; [0088]) is in the active state (see [0029], [0080], and [0088]).
Regarding claim 3, Lemkin teaches the method, comprising:
receiving the first signal comprising first position information associated with the position of the voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]) connected to the first battery cell, the first position information comprising information associated with a position of the voltage measurement device relative to the first battery cell (see [0078]-[0080] and [0088]); and
determining the position of the first battery cell within the battery system, based on the first position information (see [0078]-[0080] and [0088]).
Regarding claim 5, Lemkin teaches wherein a plurality of voltage measurement devices (operational amplifier 551, see Fig. 5B; see [0076] and [0088]) are positioned at different locations relative to the battery system (each battery module 104, 106 is connected to an associated CMC 108, 110; see [0076] and [0088]), each voltage measurement device connected to and positioned relative to a different one of the plurality of battery cells within the battery system (see [0076] and [0088]), the method further comprising:
receiving, from the voltage measurement device connected to the first battery cell, the first signal comprising first position information associated with the position of the voltage measurement device connected to the first battery cell (see [0078]-[0080] and [0088]).
Regarding claim 6, Lemkin teaches the method, comprising:
obtaining, from a controller configured to selectively activate the electrical stimulus device of the first battery cell (see [0076]), the unique ID associated with the first battery cell (see [0095]).
Regarding claim 7, Lemkin teaches wherein each battery cell comprised within the battery system comprises a voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]), the voltage measurement device configured to measure a change in voltage experienced by the associated battery cell when a stimulus is applied to the battery cell by the electrical stimulus device directly connected to the associated battery cell (resistors 553 and 555, see Fig. 5B; [0088]), and the electrical stimulus device is located externally to the battery cell (see [0088] and Fig. 5B), the method further comprising:
receiving, from the electrical stimulus device when directly connected to the first battery cell, the first signal comprising first position information associated with the position of the electrical stimulus device directly connected to the first battery cell, the first position information comprising information associated with a position of the electrical stimulus device relative to the first battery cell (see [0088]); and
determining the position of the first battery cell within the battery system, based on the first position information (see [0088]).
Regarding claim 9, Lemkin teaches wherein a plurality of electrical stimulus devices (resistors 553 and 555, see Fig. 5B; see [0088]) are positioned at different locations relative to the battery system (see [0029], [0076], and [0088]), each electrical stimulus device directly connected to and positioned relative to a different one of the plurality of battery cells within the battery system (see [0029], [0076], and [0088]), the method further comprising:
receiving, from the electrical stimulus device directly connected to the first battery cell, the first signal comprising first position information associated with the position of the electrical stimulus device directly connected to the first battery cell (see [0088]).
Regarding claim 14, Lemkin teaches wherein the electrical stimulus device (resistors 553 and 555, see Fig. 5B; see [0088]) comprises:
an electrical load having an active state in which the electrical load draws current from the associated battery cell it is connected to (see [0029], [0067], [0080], and [0088]), and an inactive state in which current is not drawn from the associated battery cell (see [0080] - control function can be used to cause a CMC to disconnect the corresponding battery module, would mean no current is drawn from the associated battery).
Regarding claim 15, Lemkin teaches a processor (battery system controller 160, see Fig. 1A; [0030]) for determining a position of a battery cell (battery modules 104, 106, see Fig. 1A; [0027]-[0028]) within a battery system (see Fig. 1A) comprising a plurality of battery cells (see Fig. 1A and [0027]-[0028]), each battery cell having a unique identifier, ID (see [0095]), and each battery cell configured to experience a change in voltage when an electrical stimulus is applied to the battery cell by a directly connected electrical stimulus device (resistors 553 and 555, see Fig. 5B; [0088]), the processor being configured to:
receive a first signal associated with a first battery cell (equated to any single battery cell of the plurality of battery cells; see Fig. 1A) experiencing a change in voltage due to an electrical stimulus applied to the battery cell by a directly connected electrical stimulus device (see [0008] and [0076]-[0080]);;
obtain the unique ID associated with the first battery cell (see [0095] and [0106]);
determine the position of the first battery cell, based on the received first signal associated with the first battery cell (see [0008] and [0076]-[0080]); and
associate the determined position with the obtained unique ID of the first battery cell (see [0095] and [0106]).
Regarding claim 19, Lemkin teaches the processor configured to:
receive the first signal associated with an electrical stimulus device connected to the first battery cell (see [0088]), wherein each battery cell comprised within the battery system comprises a voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]), the voltage measurement device configured to measure a change in voltage experienced by the associated battery cell it is connected to caused by the electrical stimulus directly device connected to the associated battery cell (resistors 553 and 555, see Fig. 5B; [0088]), and the electrical stimulus device is located externally to the battery cell (see [0088] and Fig. 5B), the first signal comprising first position information associated with the position of the electrical stimulus device directly connected to the first battery cell, the first position information comprising information associated with a position of the electrical stimulus device relative to the first battery cell (see [0088]); and
determine the position of the first battery cell within the battery system, based on the first position information (see [0088]).
Claim Rejections - 35 USC § 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.
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.
Claim(s) 10, 16-18, 20, 22, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemkin (EP 3475715 A1; listed in the IDS filed 5 January 2024).
Regarding claim 10, Lemkin is silent to wherein the method further comprises:
receiving a second signal associated with the first battery cell experiencing the change in voltage, the second signal enabling the unique ID of the first battery cell to be determined; or.
receiving a second signal associated with the first battery cell experiencing the change in voltage, the second signal comprising the unique ID of the first battery cell.
However, Lemkin teaches a technique which can be used to cause a CMC to disconnect the corresponding battery module, bypass the battery module or a battery cell thereof, or adjust loading on a battery module or cell. Measurement differences between having the control function on and off (e.g., the corresponding battery module or cell disconnected) can be used to determine where a battery module or cell is located within the battery system. For example, if one parallel branch is electrically disconnect using a control command, then all modules or cells in that branch would not exhibit a normal response to an artifact (this abnormal response is equated to the claimed second signal). The same technique can also determine module or cell location in series. For example, if a module or cell is bypassed using a control command function, then that module or cell would not exhibit normal response to an artifact (see [0080]).
In view of Lemkin’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the method of Lemkin to include receiving a second signal associated with the first battery cell experiencing the change in voltage, the second signal enabling the unique ID of the first battery cell to be determined because electrically disconnecting nearby cells or branches of nearby cells can be used to help determine module or cell location.
Regarding claim 16, Lemkin teaches the processor configured to:
receive the first signal, the first signal being associated with a voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]) connected to the first battery cell, wherein each battery cell comprised within the battery system comprises the electrical stimulus device (resistors 553 and 555, see Fig. 5B; [0088]), the electrical stimulus device having an active state in which the electrical stimulus device causes a change in the voltage of the associated battery cell it is directly connected to (see [0029], [0080], and [0088]), and an inactive state in which no change in voltage is caused in the associated battery cell, and the first signal is associated with the voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]) when the electrical stimulus device (resistors 553 and 555, see Fig. 5B; [0088]) connected to the first battery cell is in the active state (see [0029], [0080], and [0088]).
Lemkin is silent to the electrical stimulus device having an inactive state in which no change in voltage is caused in the associated battery cell.
However, Lemkin teaches a technique which can be used to cause a CMC to disconnect the corresponding battery module, bypass the battery module or a battery cell thereof, or adjust loading on a battery module or cell. Measurement differences between having the control function on and off (e.g., the corresponding battery module or cell disconnected – this is being equated to the claimed inactive state) can be used to determine where a battery module or cell is located within the battery system. For example, if one parallel branch is electrically disconnect using a control command, then all modules or cells in that branch would not exhibit a normal response to an artifact (this abnormal response is equated to the claimed second signal). The same technique can also determine module or cell location in series. For example, if a module or cell is bypassed using a control command function, then that module or cell would not exhibit normal response to an artifact (see [0080]).
In view of Lemkin’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the method of Lemkin to include wherein the electrical stimulus device has an inactive state in which no change in voltage is caused in the associated battery cell because electrically disconnecting a cell, or disconnecting nearby cells or branches of nearby cells can be used to help determine module or cell location.
Regarding claim 17, Lemkin teaches the processor configured to:
receive the first signal comprising first position information associated with the position of the voltage measurement device (operational amplifier 551, see Fig. 5B; [0088]) connected to the first battery cell, the first position information comprising information associated with a position of the voltage measurement device relative to the first battery cell (see [0078]-[0080] and [0088]); and
determine the position of the first battery cell within the battery system, based on the first position information (see [0078]-[0080] and [0088]).
Regarding claim 18, Lemkin teaches the processor configured to:
obtain, from a controller configured to selectively activate the electrical stimulus device of the first battery cell (see [0076]), the unique ID associated with the first battery cell (see [0095]).
Regarding claim 20, Lemkin is silent to wherein the processor is further configured to:
receiving a second signal associated with the first battery cell experiencing the change in voltage, the second signal enabling the unique ID of the first battery cell to be determined.
However, Lemkin teaches a technique which can be used to cause a CMC to disconnect the corresponding battery module, bypass the battery module or a battery cell thereof, or adjust loading on a battery module or cell. Measurement differences between having the control function on and off (e.g., the corresponding battery module or cell disconnected) can be used to determine where a battery module or cell is located within the battery system. For example, if one parallel branch is electrically disconnect using a control command, then all modules or cells in that branch would not exhibit a normal response to an artifact (this abnormal response is equated to the claimed second signal). The same technique can also determine module or cell location in series. For example, if a module or cell is bypassed using a control command function, then that module or cell would not exhibit normal response to an artifact (see [0080]).
In view of Lemkin’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the processor of Lemkin to include receiving a second signal associated with the first battery cell experiencing the change in voltage, the second signal enabling the unique ID of the first battery cell to be determined because electrically disconnecting nearby cells or branches of nearby cells can be used to help determine module or cell location.
Regarding claim 22, Lemkin teaches the processor configured to receive the second signal from a controller configured to communicate with the first battery cell (see [0035] and [0080] – it would be obvious that the CMC, equated to the claimed controller, would communicate the second signal through the WCT to the battery controller 160).
Regarding claim 23, Lemkin teaches wherein the electrical stimulus device (resistors 553 and 555, see Fig. 5B; see [0088]) comprises:
an electrical load having an active state in which the electrical load draws current from the associated battery cell it is connected to (see [0029], [0067], [0080], and [0088]), and an inactive state in which current is not drawn from battery cell it is directly connected to (see [0080] - control function can be used to cause a CMC to disconnect the corresponding battery module, would mean no current is drawn from the associated battery).
Lemkin is silent to an electrical load having inactive state in which current is not drawn from battery cell it is directly connected to.
However, Lemkin teaches a technique which can be used to cause a CMC to disconnect the corresponding battery module, bypass the battery module or a battery cell thereof, or adjust loading on a battery module or cell. Measurement differences between having the control function on and off (e.g., the corresponding battery module or cell disconnected – this is being equated to the claimed inactive state) can be used to determine where a battery module or cell is located within the battery system. For example, if one parallel branch is electrically disconnect using a control command, then all modules or cells in that branch would not exhibit a normal response to an artifact (this abnormal response is equated to the claimed second signal). The same technique can also determine module or cell location in series. For example, if a module or cell is bypassed using a control command function, then that module or cell would not exhibit normal response to an artifact (see [0080]).
In view of Lemkin’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the method of Lemkin to include an electrical load having inactive state in which current is not drawn from battery cell it is directly connected to because electrically disconnecting a cell, or disconnecting nearby cells or branches of nearby cells can be used to help determine module or cell location.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN HA whose telephone number is (571)270-5934. The examiner can normally be reached M-F 8:00-5:00 EST.
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/S.S.H/Examiner, Art Unit 1735 27 September 2026
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
