Prosecution Insights
Last updated: April 18, 2026
Application No. 18/765,482

BATTERY CONTROL APPARATUS FOR ELECTRIC VEHICLE

Final Rejection §103
Filed
Jul 08, 2024
Examiner
CHOWDHURI, SWARNA N
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Subaru Corporation
OA Round
3 (Final)
76%
Grant Probability
Favorable
4-5
OA Rounds
3y 1m
To Grant
98%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
258 granted / 340 resolved
+7.9% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
31 currently pending
Career history
371
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
12.1%
-27.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 340 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2015/0061601 (Hatanaka) in view of US 2024/0157819 (Namuduri). Regarding claim 1, Hatanaka teaches a battery control apparatus to be mounted on an electric vehicle, the electric vehicle (Fig. 6 shows discharge-control device 3 controls batteries 10 in electric vehicle) [0066-67, 0083-0084, 0091] comprising a battery (Fig. 6 shows batteries 10) and a variable resistor (Fig. 6 shows variable resistors 6) [0078-79, 0083-0085], the battery comprising a first battery group and a second battery group (Fig. 6 shows first battery 10 and second battery subpack 10 comprising the battery) that are coupled in series to each other (Fig. 6 shows first and second batteries 10 in series to each other) [0067, 0083-0085] and being configured to store electric power for traveling of the electric vehicle of the electric vehicle (Fig. 6 shows batteries 10 coupled in series to each other and being configured to store electric power for driving a drive motor, inverter of the electric vehicle) [0067, 0082-0085], the variable resistor being electrically coupled to the battery (variable resistors 6 are electrically coupled to batteries 10) [0084-87], the battery control apparatus (Fig. 6 shows discharge control device 3) for the electric vehicle (discharge control device 3 for electric vehicle) [0067] configured to control the variable resistor (discharge control device 3 configured to control the variable resistor 6) [O086], wherein the battery control apparatus (Fig. 6 shows discharge control device 3) is configured to execute a resistance adjustment process, based on a difference between a temperature of the first battery group and a temperature of the second battery group (discharge control device 3 is configured to execute a resistance adjustment process, based on a difference between a temperature of the batteries 10) [0085-0087], the resistance adjustment process is configured to control the variable resistor to cause a current per unit capacity of the first battery group and a current per unit capacity of the second battery group to approach each other more closely than when the resistance adjustment process is unexecuted (Fig. 6 shows battery capacity equalization device configured to control the variable resistor 6 to cause SOC of the first battery 10 i.e. current per unit capacity of first battery group and the SOC of the second battery i.e. current per unit capacity of second battery group to closer to each other) [0028, 0066, 0083-86], and the battery control apparatus is configured to: refrain from executing the resistance adjustment process in response to determining that the electric power is being outputted from the battery while the electric vehicle is being driven (discharge control device 3 is configured to disconnect battery 10 from motor and inverter i.e. vehicle is not being driven when performing resistance adjustment process) [0010-11,0022, 0070-0072]. However, Hatanaka does not teach first and second battery groups in parallel; battery control apparatus comprising a processor. However, Namuduri teaches first and second battery groups in parallel (Fig. 9 shows batteries 202 and 204 are in parallel) [0028-0029]; battery control apparatus comprising a processor (controller 112 include a processing circuitry that includes a processor) [0027]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have first and second battery groups in parallel; battery control apparatus comprising a processor as taught by Namuduri in order to increase capacity while keeping the voltage same by connecting the batteries in parallel furthermore control circuitry being a processor in order to save space in the apparatus. Examiner’s Note: US 2025/0353388 (Borhan) shows battery capacity as taught by Hatanaka to be an amount of charge the battery pack can deliver within a specific amount of time, measured for example in ampere-hours which is a function of the SOC of the battery as taught in paragraph [0049]. Regarding claim 2, Hatanaka teaches wherein the variable resistor comprises a first variable resistor coupled in parallel to the first battery group, and a second variable resistor coupled in parallel to the second battery group (Fig. 6 shows variable resistor comprising a first variable resistor 6 coupled to first battery 10 and a second variable resistor 6 coupled to second battery 10), and the resistance adjustment process is configured to: cause a resistance value of the first variable resistor to be larger than a resistance value of the second variable resistor when the temperature of the first battery group is higher than the temperature of the second battery group (resistance value of the first variable resistor 6 to be larger than a resistance value of the second variable resistor when the temperature of first battery 10 is higher than the temperature of the second battery 10) [0004-0006, 0086]; and cause the resistance value of the first variable resistor to be smaller than the resistance value of the second variable resistor when the temperature of the first battery group is lower than the temperature of the second battery group (cause the resistance value of the first variable resistor 6 to be smaller than the resistance value of the second variable resistor when the temperature of the first battery 10 is lower than the temperature of the second battery 10) [0061-0063, 0071-0074, 0083-0088, 0090]. However, Hatanaka does not teach first variable resistor in series with first battery group and second variable resistor in series with second battery group. However, Namuduri teaches first variable resistor in series with first battery group (Fig. 9 shows relay 902 which may be a variable resistor in series with battery 202) [0054] and second variable resistor in series with second battery group (Fig. 9 shows relay 906 which may be a variable resistor in series with battery 204) [0055]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have the as taught by Namuduri in order to vary the discharge current value of the first and second battery group with a greater control thereby achieving the safety of the circuitry by avoiding overheating of the battery. Regarding claim 3, Hatanaka teaches wherein the battery control apparatus is configured to execute the resistance adjustment process, when the difference between the temperature of the first battery group and the temperature of the second battery group exists upon a regenerative operation in which a regenerative electric power is to be sent to the battery (discharge control device 3 execute the resistance adjustment process when the difference between the temperature of the first battery 10 and the temperature of the second battery exists upon a regenerative operation wherein regenerative power is sent to the battery thereby creating a temperature difference which will be mitigated by adjusting the variable resistor) [0054-0055, 0086-0087, 0090]. However, Hatanaka does not teach the battery control apparatus having a processor. However, Namuduri teaches battery control apparatus having a processor (controller 112 include a processing circuitry that includes a processor) [0027]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have battery control apparatus comprising a processor as taught by Namuduri in order in order to save space in the apparatus. Regarding claim 4, Hatanaka teaches wherein the battery control apparatus is configured to: start the resistance adjustment process when the difference between the temperature of the first battery group and the temperature of the second battery group is equal to or greater than a first threshold (start the resistance adjustment process when difference between temperature of the first and second battery groups is equal to or greater than a threshold) [0049-0052, 0072, 0083- 0086]; and end the resistance adjustment process when the difference between the temperature of the first battery group and the temperature of the second battery group is equal to or less than a second threshold (when the temperature of the first and second battery groups are equal to or less than a threshold then resistance adjustment is ended) [0049-0052, 0072]. However, Hatanaka does not teach the battery control apparatus having a processor. However, Namuduri teaches battery control apparatus having a processor (controller 112 include a processing circuitry that includes a processor) [0027]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have battery control apparatus comprising a processor as taught by Namuduri in order in order to save space in the apparatus. Regarding claim 5, Hatanaka teaches a battery control apparatus to be mounted on an electric vehicle, the electric vehicle (Fig. 6 shows discharge-control device 3 controls batteries 10 in electric vehicle) [0066-67, 0083-0084, 0091] comprising a battery (Fig. 6 shows batteries 10) and a variable resistor (Fig. 6 shows variable resistors 6) [(0078-79, 0083-0085], the battery comprising a first battery group and a second battery group (Fig. 6 shows first battery 10 and second battery subpack 10 comprising the battery) that are coupled in series to each other (Fig. 6 shows first and second batteries 10 in series to each other) [0067, 0083-0085] and being configured to store electric power for traveling of the electric vehicle(Fig. 6 shows batteries 10 coupled in series to each other and being configured to store electric power for driving a drive motor, inverter of the electric vehicle) [0067, 0082-0085], the variable resistor being electrically coupled to the battery (variable resistors 6 are electrically coupled to batteries 10) [0084-87], the battery control apparatus (Fig. 6 shows discharge control device 3) for the electric vehicle (discharge control device 3 for electric vehicle) [0067] configured to control the variable resistor(discharge control device 3 configured to control the variable resistor 6) [0086], wherein the battery control apparatus (Fig. 6 shows discharge control device 3) is configured to execute a resistance adjustment process, based on a difference between a temperature of the first battery group and a temperature of the second battery group (discharge control device 3 is configured to execute a resistance adjustment process, based on a difference between a temperature of the batteries 10) [0085-0087], the resistance adjustment process is configured to control the variable resistor to cause a current per unit capacity of the first battery group and a current per unit capacity of the second battery group to be evenly closer to each other than when the resistance adjustment process is unexecuted (Fig. 6 shows battery capacity equalization device configured to control the variable resistor 6 to cause SOC of the first battery 10 i.e. current per unit capacity of first battery group and the SOC of the second battery i.e. current per unit capacity of second battery group to be evenly closer to each other) [0028, 0066, 0083], and the battery control apparatus is configured to start the resistance adjustment process when the difference between the temperature of the first battery group and the temperature of the second battery group is equal to or greater than a first threshold (start the resistance adjustment process when difference between temperature of the first and second battery groups is equal to or greater than a threshold) [0049-0052, 0072, 0083-0086], and end the resistance adjustment process when the difference between the temperature of the first battery group and the temperature of the second battery group is less than a second threshold (when the temperature of the first and second battery groups are equal to or less than a threshold then resistance adjustment is ended) [0049-0052, 0072]. However, Hatanaka does not teach first and second battery groups in parallel; battery control apparatus comprising a processor. However, Namuduri teaches first and second battery groups in parallel (Fig. 9 shows batteries 202 and 204 are in parallel) [0028-0029]; battery control apparatus comprising a processor (controller 112 include a processing circuitry that includes a processor) [0027]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have first and second battery groups in parallel; battery control apparatus comprising a processor as taught by Namuduri in order to increase capacity while keeping the voltage same by connecting the batteries in parallel furthermore control circuitry being a processor in order to save space in the apparatus. Regarding claim 6, Hatanaka teaches wherein the variable resistor comprises a first variable resistor coupled in parallel to the first battery group, and a second variable resistor coupled in parallel to the second battery group (Fig. 6 shows variable resistor comprising a first variable resistor 6 coupled to first battery 10 and a second variable resistor 6 coupled to second battery 10), and the resistance adjustment process is configured to: cause a resistance value of the first variable resistor to be larger than a resistance value of the second variable resistor when the temperature of the first battery group is higher than the temperature of the second battery group (resistance value of the first variable resistor 6 to be larger than a resistance value of the second variable resistor when the temperature of first battery 10 is higher than the temperature of the second battery 10) [0004-0006, 0086]; and cause the resistance value of the first variable resistor to be smaller than the resistance value of the second variable resistor when the temperature of the first battery group is lower than the temperature of the second battery group (cause the resistance value of the first variable resistor 6 to be smaller than the resistance value of the second variable resistor when the temperature of the first battery 10 is lower than the temperature of the second battery 10) [0061-0063, 0071-0074, 0083-0088, 0090]. However, Hatanaka does not teach first variable resistor in series with first battery group and second variable resistor in series with second battery group. However, Namuduri teaches first variable resistor in series with first battery group (Fig. 9 shows relay 902 which may be a variable resistor in series with battery 202) [0054] and second variable resistor in series with second battery group (Fig. 9 shows relay 906 which may be a variable resistor in series with battery 204) [0055]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have the as taught by Namuduri in order to vary the discharge current value of the first and second battery group with a greater control thereby achieving the safety of the circuitry by avoiding overheating of the battery. Regarding claim 7, Hatanaka teaches wherein the battery control apparatus is configured to execute the resistance adjustment process, when the difference between the temperature of the first battery group and the temperature of the second battery group exists upon a regenerative operation in which a regenerative electric power is to be sent to the battery (discharge control device 3 execute the resistance adjustment process when the difference between the temperature of the first battery 10 and the temperature of the second battery exists upon a regenerative operation wherein regenerative power is sent to the battery thereby creating a temperature difference which will be mitigated by adjusting the variable resistor) [0054-0055, 0086-0087, 0090]. However, Hatanaka does not teach the battery control apparatus having a processor. However, Namuduri teaches battery control apparatus having a processor (controller 112 include a processing circuitry that includes a processor) [0027]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have battery control apparatus comprising a processor as taught by Namuduri in order in order to save space in the apparatus. Regarding claim 8, Hatanaka teaches a battery control apparatus to be mounted on an electric vehicle, the electric vehicle (Fig. 6 shows discharge-control device 3 controls batteries 10 in electric vehicle) [0066-67, 0083-0084, 0091] comprising a battery (Fig. 6 shows batteries 10) and a variable resistor (Fig. 6 shows variable resistors 6) [0078-79, 0083-0085], the battery comprising a first battery group and a second battery group (Fig. 6 shows first battery 10 and second battery subpack 10 comprising the battery) that are coupled in series to each other (Fig. 6 shows first and second batteries 10 in series to each other) [0067, 0083-0085] and being configured to store electric power for traveling of the electric vehicle (Fig. 6 shows batteries 10 coupled in series to each other and being configured to store electric power for driving a drive motor, inverter of the electric vehicle) [0067, 0082-0085], the variable resistor being electrically coupled to the battery (variable resistors 6 are electrically coupled to batteries 10) [0084-87], the battery control apparatus (Fig. 6 shows discharge control device 3) for the electric vehicle (discharge control device 3 for electric vehicle) [0067] configured to control the variable resistor (discharge control device 3 configured to control the variable resistor 6) [0086], wherein the battery control apparatus (Fig. 6 shows discharge control device 3) is configured to execute a resistance adjustment process, when a difference between a temperature of the first battery group and a temperature of the second battery group exists (discharge control device 3 is configured to execute a resistance adjustment process, based on a difference between a temperature of the batteries 10) [0085-0087] upon a regenerative operation in which a regenerative electric power is to be sent to the battery (discharge control device 3 execute the resistance adjustment process when the difference between the temperature of the first battery 10 and the temperature of the second battery exists upon a regenerative operation wherein regenerative power is sent to the battery thereby creating a temperature difference which will be mitigated by adjusting the variable resistor) [0054-0055, 0086-0087, 0090], and the resistance adjustment process is configured to control the variable resistor to cause a current per unit capacity of the first battery group and a current per unit capacity of the second battery group to be evenly closer to each other than when the resistance adjustment process is unexecuted (Fig. 6 shows battery capacity equalization device configured to control the variable resistor 6 to cause SOC of the first battery 10 i.e. current per unit capacity of first battery group and the SOC of the second battery i.e. current per unit capacity of second battery group to be evenly closer to each other) [0028, 0066, 0083]. However, Namuduri teaches first and second battery groups in parallel (Fig. 9 shows batteries 202 and 204 are in parallel) [0028-0029]; battery control apparatus comprising a processor (controller 112 include a processing circuitry that includes a processor) [0027]. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have first and second battery groups in parallel; battery control apparatus comprising a processor as taught by Namuduri in order to increase capacity while keeping the voltage same by connecting the batteries in parallel furthermore control circuitry being a processor in order to save space in the apparatus. Response to Arguments Applicant's arguments filed 9/8/2025 have been fully considered but they are not persuasive. Regarding claim 1, the Applicant presents that Hatanaka does not teach: determine whether the electric power is being outputted from the battery while the electric vehicle is being driven, and refrain from executing the resistance adjustment process in response to determining that the electric power is being outputted from the battery while the electric vehicle is being driven. The Applicant states that such a limitation is only possible in a parallel battery set up which is missing in the Hatanaka reference. The Examiner would like to point to Hatanaka reference to teach: the resistance adjustment process is configured to control the variable resistor to cause a current per unit capacity of the first battery group and a current per unit capacity of the second battery group to approach each other more closely than when the resistance adjustment is unexecuted to paragraph [0066] which teaches the battery capacity equalization device 101 to equalize a variation in the available capacities of the electricity storage device when multiple battery cells are in series as shown in Fig. 5 and taught in paragraphs [0068-0070, 0079-80]. The resistance adjustment process is configured to control variable resistor 6 to diminish the variation of SOC between the battery cells 10. Furthermore, Hatanaka teaches in Fig. 3 flowchart: determine whether the electric power is being outputted from the battery while the electric vehicle is being driven in paragraph [0054] wherein it is determined via battery condition monitoring device 100 that motor is connected to the battery 10 via an inverter thereby indicating that power is being outputted from the battery while the electric vehicle is being driven. Hatanaka also teaches stopping the resistance adjustment process when battery is connected to the motor and inverter in Fig. 3 step S3 wherein the normal load comprising motor and inverter is disconnected before performing resistance adjustment as shown in paragraph [0056-57]. While the Examiner is in agreement with the Applicant that the Hatanaka reference does not teach the battery groups to be in parallel however, the battery configuration of the Hatanaka reference is still able to perform the amended limitation. Furthermore, the Examiner would like to point to US 2025/0353388 (Borhan) shows battery capacity as taught by Hatanaka to be an amount of charge the battery pack can deliver within a specific amount of time, measured for example in ampere-hours which is a function of the SOC of the battery as taught in paragraph [0049]. Thereby, the rejection stands. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SWARNA N CHOWDHURI whose telephone number is (571)431-0696. The examiner can normally be reached Mon-Fri 8am-5pm. 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, Rexford Barnie can be reached at 571-272-7496. 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. SWARNA N. CHOWDHURI Examiner Art Unit 2836 /S.N.C/Examiner, Art Unit 2836 /REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
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Prosecution Timeline

Jul 08, 2024
Application Filed
Jun 11, 2025
Non-Final Rejection — §103
Sep 08, 2025
Response Filed
Dec 13, 2025
Final Rejection — §103
Feb 03, 2026
Interview Requested
Mar 03, 2026
Response after Non-Final Action
Apr 01, 2026
Final Rejection — §103 (current)

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

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Prosecution Projections

4-5
Expected OA Rounds
76%
Grant Probability
98%
With Interview (+21.9%)
3y 1m
Median Time to Grant
High
PTA Risk
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