Prosecution Insights
Last updated: July 17, 2026
Application No. 18/867,878

METHOD FOR DETERMINING ALTERNATE STATE OF HEALTH PARAMETERS

Non-Final OA §101§103
Filed
Nov 21, 2024
Priority
Sep 28, 2023 — provisional 63/541,133 +1 more
Examiner
GAVIA, NYLA EMANI ANN
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fluence Energy LLC
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
65 granted / 82 resolved
+11.3% vs TC avg
Moderate +14% lift
Without
With
+13.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
23 currently pending
Career history
101
Total Applications
across all art units

Statute-Specific Performance

§101
12.8%
-27.2% vs TC avg
§103
78.2%
+38.2% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 82 resolved cases

Office Action

§101 §103
DETAILED ACTION This action is filed in response to the application filed on 11/21/2024. 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 . Information Disclosure Statement Acknowledgement is made of Applicant’s Information Disclosure Statements (IDS) form PTO-1149 filed on 11/21/2024 and 1/17/2025. These IDS have been considered. 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 therefor, subject to the conditions and requirements of this title. Claims 1, 5-7, 9, 11-13, 15, and 17-19 are rejected under 35 U.S.C. 101. The claimed invention is directed to the abstract concept of performing mental steps without significantly more. Claim 1, and similarly Claim 1 recites the following abstract concepts in BOLD of An energy storage system, comprising: a plurality of energy storage nodes arranged in an array, wherein the plurality of energy storage nodes include a plurality of battery modules; and a control system comprising at least one processor coupled to the plurality of energy storage nodes and a memory configured to receive or store data and programming, wherein the at least one processor is configured to: perform operations in accordance with execution of the programming; obtain an initial battery capacity (Ci) for at least one battery module of the plurality of battery modules; obtain an initial state of charge (SoC0) of the at least one battery module of the plurality of battery modules; control at least one sensor to measure and record electrical current flow between multiple components to provide raw data for electrical current within the energy storage system for a predetermined period of time; determine a present state of charge (SoC1) of the at least one battery module over an elapsed time of the predetermined period; determine an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time; determine a remaining capacity of the at least one battery module at an end of the elapsed time; and determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity including the integrated current value. Additionally, Claims 9 and 15 recites the following abstract concepts in BOLD of: A method, comprising: obtaining an initial battery capacity (Ci) for at least one battery module of a plurality of battery modules of an energy storage system; obtaining an initial state of charge (SoC0) for the at least one battery module of the plurality of battery modules; controlling at least one sensor to measure and record electrical current flow between multiple components of the energy storage system to provide raw data for electrical current within the energy storage system for a predetermined period of time; determining a present state of charge (SoC1) of the at least one battery module over an elapsed time of the predetermined period of time; determining an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time; determining a remaining capacity of the at least one battery module at an end of the elapsed time; and determining an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity including the integrated current value. Under Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: process, machine, manufacture, or composition of matter. The above claims are considered to be in a statutory category because Claim 1 teaches a system, Claim 9 teaches a method, and Claim 15 teaches a non-transitory computer readable medium. Under Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into the grouping of subject matter that, when recited as such in a claim limitation, covers performing mathematics or mental steps. The step of determining an integrated current value claims performing mathematics. The steps of determining a remaining capacity, state of charge, and an estimated state of health can be considered as either performing mathematics or a mental process depending on one's interpretation of the limitation. Next, under Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application. In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception. This judicial exception is not integrated into a practical application because there is no improvement to another technology or technical field; improvements to the functioning of the computer itself; a particular machine; effecting a transformation or reduction of a particular article to a different state or thing. Examiner notes that the claimed methods and system are not tied to a particular machine or apparatus, they do not represent an improvement to another technology or technical field. The limitations of Claim 1 describing a plurality of energy nodes, memory, and a processor describe a composition of the device but do not detail a “particular machine” as discussed in 2106.05(b). Finally, there is nothing in the claims that indicates an improvement to the functioning of the computer itself or transform a particular article to a new state. Under Step 2B, we consider whether the additional elements are sufficient to amount to significantly more than the abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the first two limitations of claim 1 comprising a plurality of energy nodes, a memory, and a processor recite generic computer elements and not considered significantly more than the abstract idea. As recited in the MPEP, 2106.05(b), merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection. Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359-60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093-94. The limitations of all independent claims disclosing obtaining initial battery capacity, initial state of charge, and sensor data recite necessary data gathering and does not integrate the abstract idea into a practical application. The limitation amounts to necessary data gathering and outputting. See Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015) (presenting offers and gathering statistics amounted to mere data gathering). Claims 5-7, 11-13, and 17-19 further limit the abstract ideas without integrating the abstract concept into a practical application or including additional limitations that can be considered significantly more than the abstract idea: Claims 5, 11, and 17 recites gathering and storing sensor measurements which is necessary data gathering and not significantly more than the abstract ideas. See Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015) (presenting offers and gathering statistics amounted to mere data gathering). Claims 6-7, 12-13, and 18-19 further limit the abstract ideas of performing mathematics from the independent claims and does not provide significantly more or integrate the math into any practical applications. Examiner notes that Claims ---2-4, 8, 10, 14,16, and 20 recite limitations that integrate the abstract idea into a practical application and are not rejected under 35 U.S.C. 101: Claim 2 recites a particular machine, and therefore that claim, and its dependents, Claims 3-4, are not rejected under 35 U.S.C. 101. Claims 10 and 16 also recite a particular machine and therefore overcome the 101 rejection of the independent claims. Claims 8, 14 and 20 disclose the practical application of adjusting a repair or maintenance schedule based on the estimated state of health. 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. Claims 1-3, 7-10, 13-16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Poland (US20210044119A1) in view of Inoue (WO 2012120620 A1). Regarding Claim 1, Poland teaches an energy storage system, comprising: a plurality of energy storage nodes arranged in an array, wherein the plurality of energy storage nodes include a plurality of battery modules (e.g. see [0149] “FIG. 1 is a schematic representation of a system 10. The system 10 comprises a rechargeable battery energy storage system (BESS). The rechargeable BESS comprises a plurality 20 of parallel strings 21-23 that are individually controllable. Each of the plurality of parallel strings 21-23 may comprise a plurality of cells . The plurality of parallel strings 21-23 may be coupled to a point of common coupling 35 via converters and/or transformers 31-34”); and a control system comprising at least one processor (e.g. see [0160] “The control device 40 includes one or several integrated circuits (ICs) 42. The IC(s) 42 may comprise one or several of a processor, a microprocessor, a controller, a microcontroller, an application specific integrated circuit (ASIC), or a combination thereof”) coupled to the plurality of energy storage nodes (e.g. see [0076] “A control device for controlling a SoH estimation of a rechargeable battery energy storage system is also provided. The rechargeable battery energy storage system comprises a plurality of parallel strings that are individually controllable. The control device comprises an interface operative to be coupled to the plurality of parallel strings,”) and a memory configured to receive or store data (e.g. see [0161] “The IC(s) 42 may optionally use historical information on previous SoH estimations or other degradation indicators to determine in which sequence the strings 21-23 are placed into the SoH calibration mode,” and [0183] “The determination may be performed using, e.g., the current load determined from sensor readings alone in combination with historical load profile information of the BESS and/or using a priori knowledge of BESS load”) and programming (e.g. see [0213] “The SoH estimation may be performed using mathematical programming, in particular non-linear programming”), wherein the at least one processor is configured to: perform operations in accordance with execution of the programming (e.g. see [0213] “The SoH estimation may be performed using mathematical programming, in particular non-linear programming”); obtain an initial battery capacity (Ci) for at least one battery module of the plurality of battery modules (e.g. see [0213] “the SoH estimation may co-estimate all relevant parameters of the ECM of the battery cell(s) in questions and the actual capacity of the cell(s)”); obtain an initial state of charge (SoC0) of the at least one battery module of the plurality of battery modules (e.g. see [0016] “the e SoH calibration of the at least one selected string may include one or several dedicated SoH cycles, in each of which the string is essentially completely charged and discharged (e.g., charged to 80% or more and discharged to 20% or less”); control at least one sensor to measure and record electrical current flow between multiple components to provide raw data for electrical current within the energy storage system (e.g. see [0183] “The determination may be performed using, e.g., the current load determined from sensor readings,”) for a predetermined period of time (e.g. see [0219] “The SoH estimation may be based on individual cell voltages (with the cell being a virtual cell that may represent, e.g., a rack or string) and rack currents in a given time window”); determine a present state of charge (SoC1) of the at least one battery module over an elapsed time of the predetermined period(e.g. see [0186] “A cell Open Circuit Voltage (OCV) may be monitored in dependence on a State of Charge (SoC) during the SoH calibration and may be used to determine the SoH”); determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity (e.g. see [0153] and [0161]). Poland does not explicitly disclose determine an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time; determine a remaining capacity of the at least one battery module at an end of the elapsed time; and determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity including the integrated current value. In the same field of endeavor, Inoue teaches determine an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time (e.g. see [pg. 5 paragraph 4] “In step S21, a charge (current integration) is calculated based on the current value measured in step S20. That is, the charge (Ah) is calculated by (current value) × (time), and the time here is an elapsed time from the previous current measurement to the current current measurement”); determine a remaining capacity of the at least one battery module at an end of the elapsed time (e.g. see [pg. 10; last paragraph] “In step S27, the full charge capacity of the battery is estimated based on the pair data of SOC and charge. In addition, the process of step S27 corresponds to the full charge capacity calculation part 18 in the functional block diagram of FIG. For the estimation of the full charge capacity, the relationship of the following equation (6) is used, where SOC is x, charge is y, and the slope of a straight line indicating the relationship between x and y is obtained as the full charge capacity”); and determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity (e.g. see [pg. 11 paragraph 2] “SOH (degree of deterioration) is calculated as a 100% ratio of [full charge capacity] / [full charge capacity of a new battery”) including the integrated current value (e.g. see [pg. 10; last paragraph] “In step S27, the full charge capacity of the battery is estimated based on the pair data of SOC and charge. In addition, the process of step S27 corresponds to the full charge capacity calculation part 18 in the functional block diagram of FIG. For the estimation of the full charge capacity, the relationship of the following equation (6) is used, where SOC is x, charge is y, and the slope of a straight line indicating the relationship between x and y is obtained as the full charge capacity”);. It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the state of health determination of Poland with the battery capacity and integrated current values of Inoue for the purpose of determining the state of batteries with the advantage of additional data to ensure an accurate determination. Regarding Claim 2, Poland and Inoue teach the limitations of Claim 1. Poland further discloses a power conversion system (PCS) connected to the plurality of energy storage nodes and an external grid system including an energy source and a connected load (e.g. see [0042] “Power flows through converters interconnected between the at least one other string maintained in the operative mode may be controlled such that the power flows are dependent on the load profile of the BESS towards the grid or consumer connected to the point of common coupling and, optionally, also the calibration load profile of the selected at least one string that is placed into the SoH calibration mode”), wherein the power conversion system is configured to standardize power inputs and output to and from the plurality of energy storage nodes (e.g. see [0155]). Regarding Claim 3, Poland and Inoue teach the limitations of Claim 2. Poland does not explicitly disclose wherein the PCS comprises at least one inverter configured to convert bi-directionally between direct current (DC) power and alternating current (AC) power. In the same field of endeavor, Inoue teaches wherein the PCS comprises at least one inverter configured to convert bi-directionally between direct current (DC) power and alternating current (AC) power (e.g. see [pg. 4 paragraph 5] “The inverter device 220 includes a power module 226, an MCU 222, and a driver circuit 224 for driving the power module 226. The power module 226 converts the DC power supplied from the battery module 9 into three-phase AC power for driving the motor 230. Inverter device 220 controls the phase of AC power generated by power module 226 with respect to the rotor of motor 230, and causes motor 230 to operate as a generator during vehicle braking. The three-phase AC power generated by the motor 230 is converted into DC power by the power module 226 and supplied to the battery module 9.”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the power conversion system of Poland with the inverter of Inoue for the purpose of determining a state of health of the batteries with the advantage of strictly controlling the power applied to the system. Regarding Claim 7, Poland and Inoue teach the limitations of Claim 1. Poland does not explicitly disclose wherein the estimated state of health (SoH) is the remaining capacity (Cr) divided by the initial battery capacity (Ci). In the same field of endeavor, Inoue teaches wherein the estimated state of health (SoH) is the remaining capacity (Cr) divided by the initial battery capacity (Ci) (e.g. see [pg. 3 paragraph 1] “There is a method in which the full charge capacity is measured and the SOH is set to (full charge capacity) / (initial full charge capacity)”.) It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the capacity embodiment of Poland with the equation of Inoue for the purpose of determining a battery state of health with the advantage of additional data to ensure an accurate determination. Regarding Claim 8, Poland and Inoue teach the limitations of Claim 1. Poland further discloses wherein at least one of maintenance, a repair or a replacement schedule for the at least one battery module is adjusted based on the estimated state of health (SoH) (e.g. see [0201]“processing the results of the SoH estimation may include determining, for each one of the plurality of independently controllable parallel strings, whether the SoH of the respective strings requires information to be output the user, a dedicated control action to be performed and/or a maintenance action to be scheduled. The control device 40 or a separate computer may process the results of the SoH estimation by comparing them against a database of historical BESS information (that may include information on previously observed operation conditions for BESSs of the same construction) or to one or several thresholds, which may be provided by the manufacturer of the BESS and which may indicate whether the state of any one of the strings is critical, requires maintenance, or requires other dedicated action.”). Regarding Claim 9, Poland teaches a method comprising: obtaining an initial battery capacity (Ci) for at least one battery module of a plurality of battery modules of an energy storage system (e.g. see [0213] “the SoH estimation may co-estimate all relevant parameters of the ECM of the battery cell(s) in questions and the actual capacity of the cell(s)”); obtaining an initial state of charge (SoC0) for the at least one battery module of the plurality of battery modules (e.g. see [0016] “the SoH calibration of the at least one selected string may include one or several dedicated SoH cycles, in each of which the string is essentially completely charged and discharged (e.g., charged to 80% or more and discharged to 20% or less”); controlling at least one sensor to measure and record electrical current flow between multiple components of the energy storage system to provide raw data for electrical current within the energy storage system (e.g. see [0183] “The determination may be performed using, e.g., the current load determined from sensor readings,”) for a predetermined period of time (e.g. see [0219] “The SoH estimation may be based on individual cell voltages (with the cell being a virtual cell that may represent, e.g., a rack or string) and rack currents in a given time window”); determining a present state of charge (SoC1) of the at least one battery module over an elapsed time of the predetermined period of time (e.g. see [0186] “A cell Open Circuit Voltage (OCV) may be monitored in dependence on a State of Charge (SoC) during the SoH calibration and may be used to determine the SoH”); determining an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity (e.g. see [0153] and [0161]). Poland does not explicitly disclose determining an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time; determining a remaining capacity of the at least one battery module at an end of the elapsed time; and determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity including the integrated current value. In the same field of endeavor, Inoue teaches determining an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time (e.g. see [pg. 5 paragraph 4] “In step S21, a charge (current integration) is calculated based on the current value measured in step S20. That is, the charge (Ah) is calculated by (current value) × (time), and the time here is an elapsed time from the previous current measurement to the current current measurement”); determining a remaining capacity of the at least one battery module at an end of the elapsed time (e.g. see [pg. 10; last paragraph] “In step S27, the full charge capacity of the battery is estimated based on the pair data of SOC and charge. In addition, the process of step S27 corresponds to the full charge capacity calculation part 18 in the functional block diagram of FIG. For the estimation of the full charge capacity, the relationship of the following equation (6) is used, where SOC is x, charge is y, and the slope of a straight line indicating the relationship between x and y is obtained as the full charge capacity”); and determining an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity (e.g. see [pg. 11 paragraph 2] “SOH (degree of deterioration) is calculated as a 100% ratio of [full charge capacity] / [full charge capacity of a new battery”) including the integrated current value (e.g. see [pg. 10; last paragraph] “In step S27, the full charge capacity of the battery is estimated based on the pair data of SOC and charge. In addition, the process of step S27 corresponds to the full charge capacity calculation part 18 in the functional block diagram of FIG. For the estimation of the full charge capacity, the relationship of the following equation (6) is used, where SOC is x, charge is y, and the slope of a straight line indicating the relationship between x and y is obtained as the full charge capacity”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the state of health determination of Poland with the battery capacity and integrated current values of Inoue for the purpose of determining the state of batteries with the advantage of additional data to ensure an accurate determination. Regarding Claim 10, Poland and Inoue teach the limitations of Claim 9. Poland further discloses controlling a power conversion system (PCS) of the energy storage system to standardize power inputs and outputs to and from a plurality of energy storage nodes including the plurality of battery modules; wherein the power conversion system is connected to the plurality of energy storage nodes (e.g. see [0042] “Power flows through converters interconnected between the at least one other string maintained in the operative mode may be controlled such that the power flows are dependent on the load profile of the BESS towards the grid or consumer connected to the point of common coupling and, optionally, also the calibration load profile of the selected at least one string that is placed into the SoH calibration mode”),and an external grid system including an energy source and a connected load (e.g. see [0155]). Regarding Claim 13, Poland and Inoue teach the limitations of Claim 9. Poland does not explicitly disclose wherein in the determining the estimated state of health (SoH) of the at least one battery module, the estimated SOH is the remaining capacity (Cr) divided by the initial battery capacity (Ci). In the same field of endeavor, Inoue teaches wherein in the determining the estimated state of health (SoH) of the at least one battery module, the estimated SOH is the remaining capacity (Cr) divided by the initial battery capacity (Ci). (e.g. see [pg. 3 paragraph 1] “There is a method in which the full charge capacity is measured and the SOH is set to (full charge capacity) / (initial full charge capacity)”.) It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the capacity embodiment of Poland with the equation of Inoue for the purpose of determining a battery state of health with the advantage of additional data to ensure an accurate determination. Regarding Claim 14, Poland and Inoue teach the limitations of Claim 9. Poland further discloses adjusting at least one of maintenance, a repair or a replacement schedule for the at least one battery module in accordance with the estimated state of health (SoH) (e.g. see [0201]“processing the results of the SoH estimation may include determining, for each one of the plurality of independently controllable parallel strings, whether the SoH of the respective strings requires information to be output the user, a dedicated control action to be performed and/or a maintenance action to be scheduled. The control device 40 or a separate computer may process the results of the SoH estimation by comparing them against a database of historical BESS information (that may include information on previously observed operation conditions for BESSs of the same construction) or to one or several thresholds, which may be provided by the manufacturer of the BESS and which may indicate whether the state of any one of the strings is critical, requires maintenance, or requires other dedicated action.”). Regarding Claim 15, Poland discloses a non-transitory computer-readable medium, comprising an estimated state of health (SoH) module, wherein execution of the SoH module by one or more processors configures one or more computing devices (e.g. see [0160-0161]) to: obtain an initial battery capacity (Ci) for at least one battery module of a plurality of battery modules of an energy storage system (e.g. see [0213] “the SoH estimation may co-estimate all relevant parameters of the ECM of the battery cell(s) in questions and the actual capacity of the cell(s)”); obtain an initial state of charge (SoC0) of the at least one battery module of the plurality of battery modules of the energy storage system (e.g. see [0016] “the SoH calibration of the at least one selected string may include one or several dedicated SoH cycles, in each of which the string is essentially completely charged and discharged (e.g., charged to 80% or more and discharged to 20% or less”); control at least one sensor to measure and record electrical current flow between multiple components of the energy storage system to provide raw data for electrical current within the energy storage system (e.g. see [0183] “The determination may be performed using, e.g., the current load determined from sensor readings,”) for a predetermined period of time (e.g. see [0219] “The SoH estimation may be based on individual cell voltages (with the cell being a virtual cell that may represent, e.g., a rack or string) and rack currents in a given time window”); determine a state of charge (SoC1) of the at least one battery module over an elapsed time of the predetermined period of time (e.g. see [0186] “A cell Open Circuit Voltage (OCV) may be monitored in dependence on a State of Charge (SoC) during the SoH calibration and may be used to determine the SoH”); determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity (e.g. see [0153] and [0161]). Poland does not explicitly disclose determine an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time; determine a remaining capacity of the at least one battery module at an end of the elapsed time; and determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity including the integrated current value. In the same field of endeavor, Inoue teaches determine an integrated current value based upon the measured raw data for the electrical current over the elapsed time for the predetermined period of time (e.g. see [pg. 5 paragraph 4] “In step S21, a charge (current integration) is calculated based on the current value measured in step S20. That is, the charge (Ah) is calculated by (current value) × (time), and the time here is an elapsed time from the previous current measurement to the current current measurement”); determine a remaining capacity of the at least one battery module at an end of the elapsed time (e.g. see [pg. 10; last paragraph] “In step S27, the full charge capacity of the battery is estimated based on the pair data of SOC and charge. In addition, the process of step S27 corresponds to the full charge capacity calculation part 18 in the functional block diagram of FIG. For the estimation of the full charge capacity, the relationship of the following equation (6) is used, where SOC is x, charge is y, and the slope of a straight line indicating the relationship between x and y is obtained as the full charge capacity”); and determine an estimated state of health (SOH) of the at least one battery module based upon the initial battery capacity and the determined remaining capacity (e.g. see [pg. 11 paragraph 2] “SOH (degree of deterioration) is calculated as a 100% ratio of [full charge capacity] / [full charge capacity of a new battery”) including the integrated current value (e.g. see [pg. 10; last paragraph] “In step S27, the full charge capacity of the battery is estimated based on the pair data of SOC and charge. In addition, the process of step S27 corresponds to the full charge capacity calculation part 18 in the functional block diagram of FIG. For the estimation of the full charge capacity, the relationship of the following equation (6) is used, where SOC is x, charge is y, and the slope of a straight line indicating the relationship between x and y is obtained as the full charge capacity”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the state of health determination of Poland with the battery capacity and integrated current values of Inoue for the purpose of determining the state of batteries with the advantage of additional data to ensure an accurate determination. Regarding Claim 16, Poland and Inoue teach the limitations of Claim 15. Poland further discloses wherein the one or more computing devices are further configured to control a power conversion system (PCS) of the energy storage system to standardize power inputs and outputs to and from a plurality of energy storage nodes including the plurality of battery modules; wherein the power conversion system is connected to the plurality of energy storage nodes (e.g. see [0042] “Power flows through converters interconnected between the at least one other string maintained in the operative mode may be controlled such that the power flows are dependent on the load profile of the BESS towards the grid or consumer connected to the point of common coupling and, optionally, also the calibration load profile of the selected at least one string that is placed into the SoH calibration mode”),and an external grid system including an energy source and a connected load (e.g. see [0155]). Regarding Claim 19, Poland and Inoue teach the limitations of Claim 15. Poland does not explicitly disclose wherein the estimated state of health (SoH) is the remaining capacity (Cr) divided by the initial battery capacity (Ci). In the same field of endeavor, Inoue teaches wherein the estimated state of health (SoH) is the remaining capacity (Cr) divided by the initial battery capacity (Ci) (e.g. see [pg. 3 paragraph 1] “There is a method in which the full charge capacity is measured and the SOH is set to (full charge capacity) / (initial full charge capacity)”.) It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the capacity embodiment of Poland with the equation of Inoue for the purpose of determining a battery state of health with the advantage of additional data to ensure an accurate determination. Regarding Claim 20, Poland and Inoue teach the limitations of Claim 15. Poland further discloses wherein at least one of maintenance, a repair or a replacement schedule for the at least one battery module is adjusted based on the estimated state of health (SoH) (e.g. see [0201]“processing the results of the SoH estimation may include determining, for each one of the plurality of independently controllable parallel strings, whether the SoH of the respective strings requires information to be output the user, a dedicated control action to be performed and/or a maintenance action to be scheduled. The control device 40 or a separate computer may process the results of the SoH estimation by comparing them against a database of historical BESS information (that may include information on previously observed operation conditions for BESSs of the same construction) or to one or several thresholds, which may be provided by the manufacturer of the BESS and which may indicate whether the state of any one of the strings is critical, requires maintenance, or requires other dedicated action.”). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Poland (US20210044119A1) in view of Inoue (WO 2012120620 A1) and in further view of Yoshiaki (US20230216325 A1). Regarding Claim 4, Poland and Inoue teach the limitations of Claim 2. Poland does not explicitly disclose wherein the PCS comprises at least one direct-current (DC) to direct-current (DC) converter configured to convert a DC source from the plurality of energy storage nodes to a different DC source characteristic. In the same field of endeavor, Yoshiaki teaches wherein the PCS comprises at least one direct-current (DC) to direct-current (DC) converter configured to convert a DC source from the plurality of energy storage nodes to a different DC source characteristic (e.g. see [0044] “The battery SOC control system according to an embodiment of the present disclosure may include a plurality of DC-DC converters. For example, the battery SOC control system may include the first DC-DC converter 20 and the second DC-DC converter 21. The DC-DC converter is a power converter that receives DC input power, and converts the received DC input power into DC power in a form used by an output side load to output the converted DC power”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the power conversion system of Poland with the DC to DC converters of Yoshiaki for the purpose of determining a state of health of the batteries with the advantage of strictly controlling the power applied to the system. Claims 5, 11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Poland (US20210044119A1) in view of Inoue (WO 2012120620 A1) and in further view of Berkowitz (US20120200266 A1). Regarding Claim 5, Poland and Inoue teach the limitations of Claim 1. Poland does not explicitly disclose wherein the at least one sensor is further controlled to measure and store operational and environmental data in a memory accessible to the at least one processor of the control system. In the same field of endeavor, Berkowitz teaches wherein the at least one sensor is further controlled to measure and store operational and environmental data in a memory accessible to the at least one processor of the control system (e.g. see [0094] “Moreover, the monitoring circuitry may include one or more temperature sensors (not illustrated) which is/are thermally coupled to the battery/cell to generate, measure and/or provide data which is representative of the temperature of the battery/cell”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the sensor embodiment of Poland with the environment sensor of Berkowitz for the purpose of determining a state of health of the batteries with the advantage of additional data to ensure an accurate determination. Regarding Claim 11, Poland and Inoue teach the limitations of Claim 9. Poland does not explicitly disclose controlling the at least one sensor to measure and store operational data in a memory accessible to the at least one processor of the energy storage system. In the same field of endeavor, Berkowitz teaches controlling the at least one sensor to measure and store operational data (e.g. see [0094] “Moreover, the monitoring circuitry may include one or more temperature sensors (not illustrated) which is/are thermally coupled to the battery/cell to generate, measure and/or provide data which is representative of the temperature of the battery/cell”) in a memory accessible to the at least one processor of the energy storage system (e.g. see [0135] “The predetermined ranges or values may be stored in permanent, semi-permanent or temporary memory. In this regard, the memory may store data, equations, relationships, database and/or look-up table in a permanent, semi-permanent or temporary (for example, until re-programmed) memory of any kind or type”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the sensor embodiment of Poland with the environment sensor of Berkowitz for the purpose of determining a state of health of the batteries with the advantage of additional data to ensure an accurate determination. Regarding Claim 17, Poland and Inoue teach the limitations of Claim 15. Poland does not explicitly disclose control the at least one sensor to measure and store operational data in a memory accessible to the at least one processor of the energy storage system. In the same field of endeavor, Berkowitz control the at least one sensor to measure and store operational data (e.g. see [0094] “Moreover, the monitoring circuitry may include one or more temperature sensors (not illustrated) which is/are thermally coupled to the battery/cell to generate, measure and/or provide data which is representative of the temperature of the battery/cell”) in a memory accessible to the at least one processor of the energy storage system (e.g. see [0135] “The predetermined ranges or values may be stored in permanent, semi-permanent or temporary memory. In this regard, the memory may store data, equations, relationships, database and/or look-up table in a permanent, semi-permanent or temporary (for example, until re-programmed) memory of any kind or type”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the sensor embodiment of Poland with the environment sensor of Berkowitz for the purpose of determining a state of health of the batteries with the advantage of additional data to ensure an accurate determination. Claim 6, 12, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Poland (US20210044119A1) in view of Inoue (WO 2012120620 A1) and in further view of Nakayama (US 20120306450 A1). Regarding Claim 6, Poland and Inoue teach the limitations of Claim 1. Poland does not explicitly disclose wherein the remaining capacity of the at least one battery module is: Cr = ∫c / (SoC1 – SoC0), where: ∫c is the determined integrated current value, SoC1 is the present state of charge at the predetermined period of time, and SoC0 is the initial state of charge. In the same field of endeavor, Nakayama teaches wherein the remaining capacity of the at least one battery module is: Cr = ∫c / (SoC1 – SoC0), where: ∫c is the determined integrated current value, SoC1 is the present state of charge at the predetermined period of time, and SoC0 is the initial state of charge (e.g. see [0102] “As described at the outset, the full charge capacity Qmax indicates a capacity taken until a final discharging voltage is reached where discharge is done with a minimum current (=0). The full charge capacity is generally calculated from a post-discharge end state of charge SOC, a pre-discharge start state of charge SOC_ini and a discharging current integrated value Quse like the following (equation 1): PNG media_image1.png 107 450 media_image1.png Greyscale ”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the remaining capacity embodiment of Poland as modified by Inoue with the equation of Nakayama for the purpose of determining a battery state of health with the advantage of additional data to ensure an accurate determination. Regarding Claim 12, Poland and Inoue teach the limitations of Claim 9. Poland does not explicitly disclose wherein in the determining the remaining capacity, the remaining capacity of the at least one battery module is: Cr = ∫c / (SoC1 – SoC0), where: ∫c is the determined integrated current value, SoC1 is the present state of charge at the predetermined period of time, and SoC0 is the initial state of charge. In the same field of endeavor, Nakayama teaches wherein in the determining the remaining capacity, the remaining capacity of the at least one battery module is: Cr = ∫c / (SoC1 – SoC0), where: ∫c is the determined integrated current value, SoC1 is the present state of charge at the predetermined period of time, and SoC0 is the initial state of charge (e.g. see [0102] “As described at the outset, the full charge capacity Qmax indicates a capacity taken until a final discharging voltage is reached where discharge is done with a minimum current (=0). The full charge capacity is generally calculated from a post-discharge end state of charge SOC, a pre-discharge start state of charge SOC_ini and a discharging current integrated value Quse like the following (equation 1): PNG media_image1.png 107 450 media_image1.png Greyscale ”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the remaining capacity embodiment of Poland as modified by Inoue with the equation of Nakayama for the purpose of determining a battery state of health with the advantage of additional data to ensure an accurate determination. Regarding Claim 18, Poland and Inoue teach the limitations of Claim 15. Poland does not explicitly disclose wherein in the determination of the remaining capacity, the remaining capacity of the at least one battery module is: Cr = ∫c / (SoC1 – SoC0), where: ∫c is the determined integrated current value, SoC1 is the present state of charge at the predetermined period of time, and SoC0 is the initial state of charge. In the same field of endeavor, Nakayama teaches wherein in the determination of the remaining capacity, the remaining capacity of the at least one battery module is: Cr = ∫c / (SoC1 – SoC0), where: ∫c is the determined integrated current value, SoC1 is the present state of charge at the predetermined period of time, and SoC0 is the initial state of charge (e.g. see [0102] “As described at the outset, the full charge capacity Qmax indicates a capacity taken until a final discharging voltage is reached where discharge is done with a minimum current (=0). The full charge capacity is generally calculated from a post-discharge end state of charge SOC, a pre-discharge start state of charge SOC_ini and a discharging current integrated value Quse like the following (equation 1): PNG media_image1.png 107 450 media_image1.png Greyscale ”). It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the remaining capacity embodiment of Poland as modified by Inoue with the equation of Nakayama for the purpose of determining a battery state of health with the advantage of additional data to ensure an accurate determination. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NYLA GAVIA whose telephone number is (703)756-1592. The examiner can normally be reached M-F 8:30-5:30pm. 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, Catherine Rastovski can be reached at 571-270-0349. 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. /NYLA GAVIA/Examiner, Art Unit 2857 /Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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Prosecution Timeline

Nov 21, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §101, §103 (current)

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