Prosecution Insights
Last updated: October 02, 2026
Application No. 18/692,592

ESTIMATING BATTERY STATE OF HEALTH

Non-Final OA §101§103
Filed
Mar 15, 2024
Priority
Sep 30, 2021 — nonprovisional of PCTIB2021059003
Examiner
NGUYEN, TRUNG Q
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Cummins Inc.
OA Round
3 (Non-Final)
91%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
786 granted / 864 resolved
+23.0% vs TC avg
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
879
Total Applications
across all art units

Statute-Specific Performance

§101
8.1%
-31.9% vs TC avg
§103
56.3%
+16.3% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 864 resolved cases

Office Action

§101 §103
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 . In view of the Pre-Appeal Brief filed on 07/28/2026, PROSECUTION IS HEREBY REOPENED. A new Non-Final Office Action is set forth below. To avoid abandonment of the application, appellant must exercise one of the following two options: (1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or, (2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellants must pay the difference between the increased fees and the amount previously paid. A Supervisory Patent Examiner (SPE) has approved of reopening prosecution. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefore, subject to the conditions and requirements of this title. Claims 1 & 26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without reciting additional elements that are sufficient to amount to significantly more than the judicial exception. Step 1 – Statutory Category Claim 1 recites an apparatus for determining a state of health (SOH) of a battery and therefore falls within the statutory category of a machine under 35 U.S.C. 101. Step 2A, Prong One – Whether the Claim Recites a Judicial Exception Claim 1 recites a judicial exception, namely mathematical concepts and mental processes. Specifically, claim 1 recites “a parameter estimating unit arranged to estimate a value of at least one equivalent circuit model parameter of the battery from the sensed voltage and current, wherein the equivalent circuit model parameter is based at least in part on an internal capacitance of the battery.” This limitation recites mathematical concepts because the equivalent circuit model parameter is estimated by mathematically relating measured battery voltage and current to parameters of an equivalent circuit model. The Specification confirms that the equivalent circuit model mathematically relates voltage, current, resistance, and capacitance and that the respective equivalent circuit model parameters are calculated from these quantities (see paragraphs [0082], [0093] and [0096]- [0101]). Thus, the claimed estimating operation encompasses a mathematical relationship and mathematical calculation. The estimating limitation also encompasses a mental process because estimating a model parameter based on observed voltage and current values and an internal capacitance can be performed conceptually in the human mind, for example, by observing or considering the measured values and estimating or selecting a corresponding model parameter. Merely implementing such evaluation by an estimating unit does not remove the underlying evaluation from the mental process grouping of abstract ideas. Claim 1 further recites “a SOH calculation unit arranged to calculate the SOH of the battery based on the estimated value of the equivalent circuit model parameter using the predetermined relationship between the equivalent circuit model parameter and the SOH of the battery.” This limitation expressly recites a mathematical calculation in which an estimated model parameter is applied to a predetermined relationship to obtain the SOH. The Specification confirms that predetermined mathematical relationships between equivalent circuit parameters and SOH are stored and subsequently used to calculate an estimated SOH (see paragraphs [0108]- [0112]). Accordingly, the estimating and calculating limitations recite mathematical relationships and mathematical calculations and therefore fall within the mathematical concepts grouping of abstract ideas. Therefore, claim 1 recites a judicial exception. Step 2A, Prong Two – Whether the Judicial Exception Is Integrated into a Practical Application The claim as a whole does not integrate the judicial exception into practical application. The additional elements include “a voltage sensor arranged to sense a voltage of the battery” and “a current sensor arranged to sense a current through the battery.” These sensors merely obtain the voltage and current data that are subsequently used by the parameter estimating unit in performing the abstract mathematical estimation. The sensing limitations therefore constitute data-gathering activity that is necessary to provide inputs to the recited mathematical analysis. Mere data gathering performed in preparation for an abstract mathematical calculation does not meaningfully limit the judicial exception or integrate the exception into a practical application. See MPEP 2106.05(g). The claimed “storage unit arranged to store at least one predetermined relationship between the equivalent circuit model parameter and the SOH of the battery” likewise does not integrate the exception into a practical application. The storage unit is recited at a high level of generality and merely stores the mathematical relationship subsequently retrieved or used by the SOH calculation unit. Storing information used in a subsequent mathematical calculation constitutes only generic data-storage functionality and does not impose a meaningful limitation on the judicial exception. Furthermore, claim 1 does not require that the calculated SOH be used to control charging or discharging of the battery, alter battery operation, cause a battery-management action, or otherwise produce a physical result beyond obtaining the calculated SOH value. The claim therefore uses the voltage and current sensors to gather the information necessary for the abstract estimation and calculation and uses the storage unit to hold the information used in those calculations. These additional elements do not reflect an improvement in the functioning of the sensors, the storage unit, a computer, or another technology, and do not apply the calculated SOH in a manner that meaningfully limits the judicial exception. Accordingly, claim 1 does not integrate the judicial exception into a practical application and is directed to the judicial exception. Step 2B – Whether the Claim Recites Significantly More The additional elements, considered individually and as an ordered combination, do not amount to significantly more than the judicial exception. The voltage sensor and current sensor perform their ordinary functions of obtaining battery voltage and current data. Such sensing of battery operational parameters was well-understood, routine, and conventional in battery-management systems before the effective filing date. For example, Rinaldo et al. disclose conventional battery-control operation in which sensor data representing real-time operational parameters are received and used to determine battery states (see paragraph [0028]) and specifically disclose receiving battery terminal voltage and terminal current as operational parameters from sensors (see paragraph [0056]). Similarly, the storage unit performs the generic function of storing data or executable information. Rinaldo et al. disclose a conventional battery control system having memory for storing instructions, operational parameters, and other information to be processed by a processor (see paragraph [0041]). Therefore, the voltage sensor, current sensor, and storage unit, individually, merely perform well-understood, routine, and conventional sensing and storage functions. When considered together with the parameter estimating unit and SOH calculation unit, the elements amount to obtaining battery data, storing a predetermined mathematical relationship, estimating a model parameter from the obtained data, and applying the stored relationship to calculate SOH. The ordered combination does not provide an inventive concept beyond implementation of the abstract mathematical estimation and calculation using conventional battery sensing and storage components. Accordingly, claim 1 does not recite significantly more than the judicial exception and is not patent eligible under 35 U.S.C. 101. Regarding claim 26: Step 1 – Statutory Category Claim 26 recites a method of determining a state of health (SOH) of a battery and therefore falls within the statutory category of a process under 35 U.S.C. 101. Step 2A, Prong One – Whether the Claim Recites a Judicial Exception Claim 26 recites a judicial exception, namely mathematical concepts and mental processes. Specifically, claim 26 recites “estimating a value of an equivalent circuit model parameter of the battery from the sensed voltage and current, wherein the equivalent circuit model parameter is based at least in part on an internal capacitance of the battery.” As discussed above with respect to claim 1, estimating an equivalent circuit model parameter from voltage and current according to an equivalent circuit representation entails mathematical relationships and mathematical calculations relating voltage, current, resistance, capacitance, and associated model parameters (see paragraphs [0082] and [0096]- [0101]). The estimating step also encompasses a mental process because a person can conceptually evaluate sensed voltage and current values and estimate or select a corresponding model parameter based on those values and an internal capacitance. Claim 26 additionally recites “calculating the SOH of the battery based on the estimated value of the equivalent circuit model parameter using the predetermined relationship between the equivalent circuit model parameter and the SOH of the battery.” This limitation expressly requires applying a predetermined relationship to the estimated parameter to calculate another value, namely SOH, and therefore recites a mathematical relationship and mathematical calculation. The Specification confirms that stored relationships between equivalent circuit parameters and SOH are used to mathematically estimate SOH values (see paragraph [0109]). Accordingly, claim 26 recites mathematical concepts and mental processes and therefore recites a judicial exception. Step 2A, Prong Two – Whether the Judicial Exception Is Integrated into a Practical Application The claim as a whole does not integrate the judicial exception into practical application. The steps of “sensing a voltage of the battery” and “sensing a current through the battery” merely gather the input data required to perform the subsequent mathematical estimation and calculation. These sensing steps constitute insignificant pre-solution data-gathering activity because the sensed voltage and current are acquired for use in abstract mathematical analysis. Such data gathering does not integrate the judicial exception into a practical application. See MPEP 2106.05(g). The step of “storing a predetermined relationship between the equivalent circuit model parameter and the SOH of the battery” likewise merely stores the mathematical information subsequently used in calculating SOH. Storing the predetermined relationship does not improve a computer, storage technology, battery sensor, or battery itself and does not meaningfully limit the mathematical calculation. Furthermore, after the SOH is calculated, claim 26 does not require using the calculated SOH to control the battery, modify a charging or discharging process, generate a control signal, alter battery operation, or otherwise effect a physical change. The claimed method terminates with calculation of the SOH value. Thus, the additional limitations merely gather the data required for the abstract mathematical operations and store information used in those operations. The judicial exception is not integrated into a practical application. Step 2B – Whether the Claim Recites Significantly More The additional elements, individually and as an ordered combination, do not provide significantly more than the judicial exception. Sensing battery voltage and current constitutes well-understood, routine, and conventional battery-monitoring activity. Rinaldo et al. disclose obtaining measured operational parameters from battery sensors for use in battery-control systems (see paragraph [0028]) and specifically disclose obtaining terminal voltage and terminal current measurements for battery-model processing (see paragraph [0056]). Storing information for later processing constitutes ordinary storage functionality. Rinaldo et al. disclose conventional memory used in a battery-control system to store instructions, operational parameters, and information for subsequent processing (see paragraph [0041]). Taken as an ordered combination, claim 26 merely senses battery voltage and current, mathematically estimates an equivalent circuit model parameter, stores a predetermined relationship, and mathematically calculates SOH using that relationship. Conventional data gathering and storage do not transform the abstract estimating and calculating operations into an inventive concept. Accordingly, claim 26 does not recite significantly more than the judicial exception and is not patent eligible under 35 U.S.C. 101. Eligibility of Dependent Claims Claims 2-5, 9, and 11-23 have also been considered individually under the subject matter eligibility analysis. Although these claims depend directly or indirectly from claim 1 and therefore incorporate the judicial exception discussed above, the additional limitations recited in these dependent claims more particularly apply the battery-modeling and SOH determination to specific battery structures, operating conditions, parameter-estimation techniques, or battery-management implementations. For example, claims 3-5 further limit the parameter estimation to a physical battery response following a step change in battery current, including a charging-current drop or vehicle shutoff and, in claim 5, determination of characterization time from the time required for battery voltage to decay to a predetermined value. These limitations more particularly tie the parameter estimation to a specific physical battery response rather than merely performing the mathematical estimation in the abstract. Claims 20-23 further limit the apparatus to additional physical battery-monitoring arrangements, including sensing battery temperature and determining equivalent circuit model parameters and SOH values for respective battery cells or groups of cells. When considered as a whole, these claims apply the recited calculations within more particular battery-monitoring implementations. Claims 2, 9, and 11-19 likewise further constrain the manner in which the equivalent circuit model parameters and SOH values are generated, updated, related, and combined, including specific characterization, resistance, capacitance, multiple-parameter, and combined-SOH implementations. Considering each claim as a whole and in view of its additional limitations, the Office does not find that these dependent claims are directed merely to the judicial exception in the same manner as independent claim 1. Accordingly, claims 2-5, 9, and 11-23 are not rejected under 35 U.S.C. 101. 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 should not be negated by the way the invention was made. Claim(s) 1-4, 9, 11-20 & 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rinaldo et al. (U.S. 2021/0280920 A1, newly cited) in view of Subbotin et al. (U.S. 2021/0173012 A1, newly cited). Regarding claim 1, Rinaldo et al. disclose an apparatus for determining a state of health (SOH) of a battery, the apparatus comprising: a voltage sensor arranged to sense a voltage of the battery (sensor 34, see paragraph [0045]); a current sensor arranged to sense a current through the battery (battery control system 14 receiving terminal current, see paragraph [0056]); a parameter estimating unit arranged to estimate a value of at least one equivalent circuit model parameter of the battery from the sensed voltage and current, wherein the equivalent circuit model parameter is based at least in part on an internal capacitance of the battery (battery model 42 is a resistor-capacitor equivalent circuit model having resistances 56, 58 and capacitance 62 related to terminal voltage and terminal current, see paragraph [0053]); a storage unit arranged to store at least one predetermined relationship between the equivalent circuit model parameter and the SOH of the battery (memory 30 stores battery model 42 and control application 44, see paragraph [0046]), wherein the control application represents a relationship or correlation between battery state and parameters of battery model 42 (see paragraph [0058]); and a SOH calculation unit arranged to calculate the SOH of the battery based on the estimated value of the equivalent circuit model parameter using the predetermined relationship between the equivalent circuit model parameter and the SOH of the battery (control application 44 represents a relationship between battery state and battery model parameters and includes an SOH application, see paragraph [0059]). Rinaldo et al. do not explicitly disclose calculating the SOH specifically from an equivalent circuit model parameter based at least in part on internal capacitance using the predetermined relationship. Subbotin et al. disclose calculating the SOH specifically from an equivalent circuit model parameter based at least in part on internal capacitance using the predetermined relationship (see a battery model 115 including stored parameters for an equivalent circuit or electrochemical model, wherein state and parameter estimation logic uses the battery model 115 and input data from voltage sensor 105 and current sensor 111 to generate an SOH estimate 117, paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery state determination system of Rinaldo et al. by incorporating the equivalent-circuit-model-based SOH estimation taught by Subbotin et al. such that the equivalent circuit model parameters determined from sensed voltage and current, including a parameter based on the internal capacitance of the RC model, are used to calculate SOH, because Subbotin et al. teach that improved SOH estimation improves model quality, voltage prediction, SOC estimation accuracy, and fast charging algorithms (see paragraph [0017]). PNG media_image1.png 586 768 media_image1.png Greyscale Regarding claim 2, Rinaldo et al. disclose the apparatus of claim 1, wherein the equivalent circuit model parameter includes capacitance 62 of the RC equivalent circuit model (double layer capacitance 62, see paragraph [0054]). Rinaldo et al. do not explicitly disclose that the equivalent circuit model parameter is one of characterization time (R1C1) and diffusion capacitance (C1). Subbotin et al. disclose equivalent circuit model parameters used for SOH estimation including impedance and diffusion-related battery parameters (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the equivalent circuit model of Rinaldo et al. by incorporating the diffusion-related battery parameter estimation taught by Subbotin et al. for use in SOH determination, because Subbotin et al. teaches that impedance, diffusion coefficients, and other internal battery properties are SOH parameters that suitably describe the state of health of a battery cell (see paragraph [0026]). Regarding claim 3, Rinaldo et al. & Subbotin et al. disclose the apparatus of claim 1, wherein Rinaldo et al. further disclose the value of the equivalent circuit model parameter is estimated from a response to a step change in current through the battery (calibration current pulses are applied and modeled and measured battery responses are determined to calibrate model parameters, see paragraph [0061]). Regarding claim 4, Rinaldo et al. disclose the apparatus of claim 3, wherein current pulses occur during charging and discharging events, including calibration current pulses derived from HPPC pulse data during measurement of dynamic power capability during both discharge and charge events (see paragraph [0062]). Rinaldo et al. do not explicitly disclose that the step change in current is specifically a drop in charging current during charging of the battery, or a drop in current caused by vehicle shut off. Subbotin et al. disclose that the step change in current is specifically a drop in charging current during charging of the battery, or a drop in current caused by vehicle shut off (see [0042] wherein current trajectories including fast charging and rest periods, wherein the reduced-order battery model is driven by current trajectories having combinations of characteristic drive cycles with fast charges and rests, also see paragraph [0043]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the current-pulse characterization technique of Rinaldo et al. by utilizing a current transition associated with charging followed by a rest period, as taught by Subbotin et al., because Subbotin et al. teaches using current trajectories including fast charging and rest periods to characterize battery behavior and aging over the life of the cell (see paragraph [0043]). Regarding claim 9, Rinaldo et al. disclose the apparatus according to claim 1 and a battery control system including memory 30 that stores a battery model 42 and a control application 44 used for determining a battery state (see paragraph [0046]). However, Rinaldo et al. do not explicitly disclose means for updating the relationship between the equivalent circuit model parameter and the SOH of the battery stored in the storage unit. Subbotin et al. disclose means for updating the relationship between the equivalent circuit model parameter and the SOH of the battery stored in the storage unit (wherein updating information used for SOH estimation, wherein updated information concerning the battery is supplied to the SOH estimation algorithm to improve the accuracy of the SOH estimation, see paragraph [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stored battery-model/control relationship of Rinaldo et al. by incorporating the updating technique taught by Subbotin et al., such that updated battery information is supplied to the SOH estimation process, because Subbotin et al. teaches that using updated OCV-SOC information in the SOH estimator improves SOH estimation accuracy (see paragraph [0050]). Regarding claim 11, Rinaldo et al. disclose the apparatus of claim 1, wherein battery model 42 includes a plurality of equivalent circuit model parameters, including resistance 56, resistance 58, and capacitance 62, which are related to measured terminal voltage and terminal current (see paragraph [0053]). Rinaldo et al. do not explicitly disclose calculating SOH specifically based on the estimated values of the plurality of equivalent circuit model parameters. Subbotin et al. disclose calculating SOH specifically based on the estimated values of the plurality of equivalent circuit model parameters (see Figs. 1, 3-5 a battery model having stored equivalent circuit or electrochemical model parameters and state and parameter estimation logic using voltage and current sensor data to generate SOH estimates, wherein SOH parameters include capacity, impedance, diffusion coefficients, and other properties describing state of health, also see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery-state determination of Rinaldo et al. by using the plurality of estimated equivalent circuit model parameters in calculating SOH as taught by Subbotin et al., because Subbotin et al. teaches that multiple internal battery parameters, including impedance and diffusion coefficients, may be used as SOH parameters to describe the state of health of a battery cell (see paragraph [0026]). Regarding claim 12, Rinaldo et al. disclose the apparatus of claim 11, wherein the RC equivalent circuit model includes resistance 58 representing ohmic resistance, resistance 56 representing charge-transfer resistance, and capacitance 62 representing double-layer capacitance (see paragraph [0054]). Rinaldo et al. do not explicitly disclose the equivalent circuit model parameters as characterization time (R1C1), diffusion capacitance (C1), ohmic resistance (R0), and diffusion resistance (R1). Subbotin et al. disclose an equivalent circuit or electrochemical battery model and identify impedance and diffusion coefficients as SOH parameters suitable for describing state of health of the battery cell (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the RC equivalent circuit model parameters of Rinaldo et al. by incorporating the impedance- and diffusion-related battery parameters taught by Subbotin et al. for SOH determination, because Subbotin et al. teaches that impedance, diffusion coefficients, and other internal battery properties suitably describe the state of health of a battery cell (see paragraph [0026]). Regarding claim 13, Rinaldo et al. disclose the apparatus of claim 11, wherein resistance 58 (Ro) represents an ohmic resistance of a current path of battery module 16 (see paragraph [0054]). Rinaldo et al. do not explicitly disclose that the value of ohmic resistance is estimated from an initial change in voltage following a step change in current. Subbotin et al. disclose the value of the ohmic resistance is estimated from an initial change in voltage following a step change in current (see state and parameter estimation logic using an equivalent circuit battery model together with voltage sensor 105 and current sensor 111 measurements to estimate internal battery parameters and SOH, paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine the ohmic-resistance parameter of Rinaldo et al. from the measured voltage and current response to a current excitation, consistent with the state and parameter estimation taught by Subbotin et al., because Subbotin et al. teaches using voltage and current sensor data with an equivalent-circuit battery model to estimate internal battery parameters used for SOH estimation (see paragraph [0026]). Regarding claim 14, Rinaldo et al. disclose the apparatus of claim 11, wherein the equivalent circuit model includes resistance 56 representing charge-transfer resistance and capacitance 62 representing double-layer capacitance (see paragraph [0054]). Rinaldo et al. do not explicitly disclose that the equivalent circuit model parameter comprises diffusion resistance (R1) and that the value of diffusion resistance is estimated from a change in voltage over time according to a relaxation curve following a step change in current. Subbotin et al. disclose an equivalent circuit or electrochemical battery model and identify impedance and diffusion coefficients among the parameters suitable for describing battery SOH (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the RC battery model of Rinaldo et al. by incorporating the diffusion-related parameter estimation taught by Subbotin et al., because Subbotin et al. teaches that diffusion coefficients and impedance-related internal battery properties are SOH parameters that suitably describe state of health (see paragraph [0026]). Regarding claim 15, Rinaldo et al. disclose the apparatus of claim 11, wherein battery model 42 includes an RC equivalent circuit having resistance 56 and capacitance 62 (see paragraph [0054]). Rinaldo et al. do not explicitly disclose that the equivalent circuit model parameters comprise diffusion capacitance (C1) and that the value of diffusion capacitance is estimated from values of diffusion resistance (R1) and characterization time (R1C1). Subbotin et al. disclose an equivalent circuit or electrochemical battery model having internal battery parameters, including impedance and diffusion coefficients, used in connection with SOH estimation (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine the capacitance-related parameter of the RC branch of Rinaldo et al. using the associated resistance and time-response characteristics in conjunction with the diffusion-related battery parameter estimation taught by Subbotin et al., because Subbotin et al. teaches that internal diffusion-related properties are useful SOH parameters for characterizing battery condition (see paragraph [0026]). Regarding claim 16, Rinaldo et al. disclose the apparatus of claim 11, wherein control application 44 mathematically or otherwise represents a relationship and/or correlation between the state of battery module 16, parameters of battery model 42, and operational parameters of battery module 16 (see paragraph [0058]). Rinaldo et al. do not explicitly disclose calculating SOH using predetermined relationships between each of a plurality of equivalent circuit model parameters and SOH. Subbotin et al. disclose multiple SOH parameters, including capacity, impedance, diffusion coefficients, and other internal battery properties that suitably describe state of health of the cell (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery-state relationship of Rinaldo et al. by using respective relationships between the estimated internal battery parameters and SOH as taught by Subbotin et al., because Subbotin et al. teaches that multiple internal battery properties, including impedance and diffusion coefficients, are parameters that suitably describe the state of health of a battery cell (see paragraph [0026]). Regarding claim 17, Rinaldo et al. disclose the apparatus of claim 11, wherein multiple battery model parameters are determined and used in determining battery state (see paragraph [0058]). Rinaldo et al. do not explicitly disclose calculating a plurality of SOH values, each SOH value being calculated based on an estimated value of one of the equivalent circuit model parameters. Subbotin et al. disclose multiple SOH parameters, including capacity, impedance, diffusion coefficients, and other properties that suitably describe state of health of the cell (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to derive respective SOH indications from the different estimated battery-model parameters of Rinaldo et al. using the SOH-related parameter teachings of Subbotin et al., because Subbotin et al. teaches that multiple different internal battery properties independently provide information suitable for describing battery state of health (see paragraph [0026]). Regarding claim 18, Rinaldo et al. disclose the apparatus of claim 17 wherein multiple battery model parameters are used in determining battery state (see paragraph [0058]). Rinaldo et al. do not explicitly disclose a combining unit arranged to combine a plurality of calculated SOH values to produce a combined SOH value. Subbotin et al. disclose combining unit arranged to combine a plurality of calculated SOH values to produce a combined SOH value (see Figs. 6-8, that SOH estimation may utilize multiple battery characteristics, including capacity, impedance, diffusion coefficients, porosity, and other properties that suitably describe the state of health of the cell, also see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine SOH information derived from the plurality of SOH-related battery parameters into a combined SOH value, because Subbotin et al. teaches that multiple internal battery characteristics, including capacity, impedance, diffusion coefficients, porosity, and other properties, may be used to describe the state of health of the cell (see paragraph [0026]). Regarding claim 19, Rinaldo et al. disclose the apparatus of claim 18 wherein statistical measures of fit are used to evaluate modeled and measured battery responses (see paragraph [0079]). Rinaldo et al. do not explicitly disclose combining the SOH values based on variances of predetermined relationships between the equivalent circuit model parameters and SOH. Subbotin et al. disclose SOH estimation using multiple battery parameters and further disclose an RLS estimation process employing an uncertainty matrix P in estimating battery parameters (see paragraph [0028]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to account for statistical uncertainty associated with the respective SOH-related parameter estimates when combining the SOH information, because Subbotin et al. teaches an RLS parameter-estimation process employing an uncertainty matrix P to account for uncertainty in the estimation process and improve the resulting battery parameter estimates (see paragraph [0028]). Regarding claim 20, Rinaldo et al. & Subbotin et al. disclose the apparatus according to claim 1, wherein Rinaldo et al. further disclose a temperature sensor arranged to sense a temperature of the battery, wherein the value of the equivalent circuit model parameter is estimated based further on a sensed temperature (see [0053-0054] wherein the battery control system receives signals indicative of terminal voltage, terminal current, and temperature of the battery, and determines parameters of the battery model based on these operational parameters, see paragraph [0056]). Regarding claim 26, Rinaldo et al. disclose a method of determining a state of health (SOH) of a battery, the method comprising: sensing a voltage of the battery and sensing a current through the battery (terminal voltage and terminal current are received as operational parameters, see paragraph [0056]); estimating a value of an equivalent circuit model parameter of the battery from the sensed voltage and current, wherein the equivalent circuit model parameter is based at least in part on an internal capacitance of the battery (battery model 42 is an RC equivalent circuit including resistances 56, 58 and capacitance 62 related to terminal voltage and current, see paragraph [0053]); storing a predetermined relationship between the equivalent circuit model parameter and the SOH of the battery (battery model 42 and control application 44 are stored in memory 30, see paragraph [0046]); and calculating the SOH of the battery based on the estimated value of the equivalent circuit model parameter using the predetermined relationship between the equivalent circuit model parameter and the SOH of the battery (control application represents a relationship between battery state and battery model parameters and includes an SOH application, see paragraph [0059]). Rinaldo et al. do not explicitly disclose calculating SOH specifically from an equivalent circuit model parameter based at least in part on internal capacitance using the predetermined relationship. Subbotin et al. disclose a battery model 115 having stored parameters for an equivalent circuit or electrochemical model, wherein state and parameter estimation logic uses voltage and current measurements together with the battery model to generate SOH estimates (see paragraph [0026]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Rinaldo et al. by incorporating the equivalent-circuit-model-based SOH estimation of Subbotin et al., thereby using the equivalent circuit model parameters determined from sensed voltage and current, including the capacitance-related parameter of Rinaldo’s RC model, in calculating SOH because Subbotin et al. teach that SOH estimation improves model quality, voltage prediction, SOC estimation accuracy, and fast charging algorithms (see paragraph [0017]). Allowable Subject Matter Claims 5 & 21-23 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowance: Claims 5 & 21 were allowed in previous Office Action mailed 04/28/2026. Claims 22-23 variously depending on claim 21 are allowable for the same above reasons. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance." During an extensive search (see PE2E attached), the Examiner reviewed the following additional references relevant to the applicant's disclosure. However, these references do not anticipate the claims, nor do they, in combination, render the previously allowable limitations of claims 1-20 obvious. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. 2020/0164763 A1 to Holme discloses a battery management system (BMS) for a vehicle includes a module for estimating the state of a rechargeable battery, such as its state of charge, in real time. The module includes a learning model for predicting the state of a battery based on the vehicle's usage and related factors unique to the vehicle, in addition to a sensed voltage, current and temperature of a battery. U.S. 2020/0033416 A1 to Takegami et al. disclose a rechargeable battery state estimation device includes a current detecting unit which detects a charge-discharge current of the rechargeable battery as a detected current; a voltage detecting unit which detects a voltage between terminals of the rechargeable battery as a detected voltage; an OCV estimation method SOC estimation unit which calculates an OCV estimation method state of charge, based on the detected current and the detected voltage; a current integration method parameter estimation unit which estimates a current integration method parameter including a capacity retention rate, based on the detected current and the OCV estimation method state of charge; and a corrected SOC estimation unit which calculates an estimated state of charge, based on the detected current, the OCV estimation method state of charge, and the current integration method parameter. U.S. 2019/0248252 A1 to Jin discloses systems and methods for improving operation of an automotive battery system including an automotive electrical system comprising a battery system that uses operational parameters, predicted internal resistance of a battery expected over a prediction horizon, and real-time internal resistance of a battery to increase performance and reliability. The battery system includes a battery electrically coupled to electrical devices in the automotive system, sensors coupled to the battery that determine terminal voltage of battery, and a battery control system communicatively coupled to sensors. The battery control system determines a charging power limit used to control supply of electrical power to the battery when charging the battery, based on predicted internal resistance when measured terminal voltage of the battery is not greater than a lower voltage threshold and based on a real-time internal resistance of the battery when the measured terminal voltage of the battery is greater than the lower voltage threshold. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUNG NGUYEN whose telephone number is (571)272-1966. The examiner can normally be reached on Mon- Friday 8AM - 4:00PM Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on 571-272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. Examiner: /Trung Q. Nguyen/- Art 2858 /GIOVANNI ASTACIO-OQUENDO/ Primary Examiner, Art Unit 2858 8/28/2026
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Prosecution Timeline

Mar 15, 2024
Application Filed
Oct 30, 2025
Non-Final Rejection mailed — §101, §103
Jan 29, 2026
Response Filed
Apr 28, 2026
Final Rejection mailed — §101, §103
Jul 28, 2026
Notice of Allowance
Jul 28, 2026
Response after Non-Final Action
Aug 11, 2026
Response after Non-Final Action
Sep 01, 2026
Non-Final Rejection mailed — §101, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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DIAGNOSTIC APPARATUS FOR DRY ELECTRODE MIXTURES
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ENERGY MEASUREMENT METER AND ENERGY MEASURING METHOD
2y 4m to grant Granted Sep 29, 2026
Patent 12742828
DETERMINING STATE OF CHARGE, MOLARITY AND OXIDATION STATE IN A FLOW BATTERY AND CONTROLLING A FLOW BATTERY
2y 6m to grant Granted Sep 22, 2026
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2y 2m to grant Granted Sep 22, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
91%
Grant Probability
97%
With Interview (+6.2%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 864 resolved cases by this examiner. Grant probability derived from career allowance rate.

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