Prosecution Insights
Last updated: August 17, 2026
Application No. 18/970,732

Asymmetric testing and deployment of storage devices

Non-Final OA §112
Filed
Dec 05, 2024
Examiner
NGUYEN, VINH P
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Atlas Power Technologies Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
1187 granted / 1374 resolved
+18.4% vs TC avg
Strong +16% interview lift
Without
With
+16.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
21 currently pending
Career history
1392
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
32.6%
-7.4% vs TC avg
§102
11.8%
-28.2% vs TC avg
§112
43.0%
+3.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1374 resolved cases

Office Action

§112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Election/Restrictions Applicant’s election of group II including claims 14-22 in the reply filed on 07/22/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Claims 1-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/22/2026 Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 14-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 14, it appears that the limitations of “cause the energy storage system to: operate the cell according to the charge-intensive profile by charging the cell at a current not greater in magnitude than the charge equilibrium upper limit and discharging the cell at a current not exceeding the discharge equilibrium threshold; or operate the cell according to the discharge-intensive profile by discharging the cell at a current not greater in magnitude than the discharge equilibrium upper limit and charging the cell at a current not exceeding the charge equilibrium threshold; or operate the cell according to one of the charge-intensive profile and the discharge-intensive profile for multiple charge and discharge cycles then operate the cell according to the other of the charge-intensive profile and the discharge-intensive profile for multiple further charge and discharge cycles” as recited in claim 14 does not have sufficient supports in the specification. In claim 17, it appears that the limitations of “cause the energy storage system to: operate the cell according to the charge-intensive profile until a discharge at the discharge equilibrium threshold has been completed, then operate the cell according to the discharge-intensive profile starting with a charge to the charge equilibrium threshold” does not have sufficient supports in the specification. In claim 18, it appears that the limitation of “cause the energy storage system to repeatedly charge and discharge the cell, the charge being at the charge equilibrium threshold and the discharge being at the discharge equilibrium upper limit” does not have sufficient supports in the specification. In claim 20, it appears that the limitation of “cause the energy storage system to: operate the cell according to the discharge-intensive profile until a charge at the charge equilibrium threshold has been completed, then operate the cell according to the charge-intensive profile starting with a discharge to the discharge equilibrium threshold” does not have sufficient supports in the specification. In claim 21, it appears that the limitation of “subtracting the discharge equilibrium threshold, expressed as a negative value, from the charge equilibrium upper limit; or for the discharge-intensive profile, by subtracting the discharge equilibrium upper limit, expressed as another negative value, from the charge equilibrium threshold; and the computer readable instructions, when executed by the processor, further cause the energy storage system to repeatedly charge and discharge the cell, at currents that differ by the absolute current differential, at a charge current that differs from the charge equilibrium upper limit and the charge equilibrium threshold, and at a discharge current that differs from the discharge equilibrium upper limit and the discharge equilibrium threshold” does not have sufficient supports in the specification. The dependent claims not specifically addressed share the same indefiniteness as they depend from rejected base claims. Conclusion Searches were performed and no prior art was found to meet the limitations of the instant claims 14-22. However, these claims are not allowed due to their deficiencies as mentioned in the current office action. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Swan et al (Pat# 10.712,392) disclose Systems And Methods For Determining State-of-charge Using Tafel Slope. McClure et al (Pat# 5,198,741) disclose Battery Charger With Microprocessor Control. Gering (PG-Pub# 20110264381) discloses SYSTEMS, METHODS AND COMPUTER READABLE MEDIA TO MODEL KINETIC PERFORMANCE OF RECHARGEABLE ELECTROCHEMICAL DEVICES. Kwok (Pat# 6,456,042) disclose Method And Apparatus For Charging Batteries At Reduced Overcharge Levels. Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINH P NGUYEN whose telephone number is (571)272-1964. The examiner can normally be reached M-F 6:00am-4:00pm. 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, Phan Huy 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 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. /VINH P NGUYEN/Primary Examiner, Art Unit 2858
Read full office action

Prosecution Timeline

Dec 05, 2024
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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

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Prosecution Projections

1-2
Expected OA Rounds
86%
Grant Probability
99%
With Interview (+16.1%)
2y 3m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1374 resolved cases by this examiner. Grant probability derived from career allowance rate.

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