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 .
The amendment filed on February 25, 2026 has been considered.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 25, 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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, 4, 6, 8, 9, 11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 2023/0194620) in view of Yoon et al. (US 2026/0016541).
Regarding claims 1 and 8, Choi et al. discloses a method and apparatus (Abstract) for diagnosing a battery assembly (battery module, paragraph 0056, lines 5-7) including a battery bank (plurality of battery cells in parallel, paragraph 0056, lines 5-7) comprising a plurality of battery cells connected in parallel with each other (paragraph 0056, lines 5-7), the method comprising:
a second differential profile generating unit for generating a second differential profile (paragraph 0143, lines 1-3) representing a relationship between a second differential capacity (Abstract, lines 4-5), which is obtained by taking a second derivative (obtaining second differential profile 300b, paragraph 0143, lines 1-3) of a capacity of the battery bank with respect to a voltage of the battery bank (obtain a differential profile of the voltage and the capacity from the voltage profile, Abstract, lines 4-5, where the differential profile can be a second differential profile, paragraph 0143, lines 1-3), and the voltage of the battery bank (Abstract, lines 4-5); and
a diagnosing unit configured for detecting a target peak (determining 310b, 320b; paragraph 0147, lines 1-4) located in a predetermined voltage section among a plurality of peaks of the second differential profile (Fig. 7) and diagnosing a state of the battery bank based on a second differential capacity value of the target peak (paragraph 0150).
a battery management unit (controller) configured to control a charging condition that charges the battery bank to control a charging condition and/or a discharging condition of the battery module according to a result of diagnosing the state of the battery (paragraph 0025),
wherein generating the second differential profile (paragraph 0143, lines 1-3) includes;
generating a profile representing the relationship between the voltage
and the capacity of the battery bank (Abstract, lines 4-5);
generating a first differential profile by differentiating the profile with
respect to the voltage of the battery bank (paragraph 0143, lines 1-3; Abstract, lines 4-5); and
generating the second differential profile (paragraph 0143, lines 1-3).
It is noted that the battery management unit configured to control a cooling device that cools the battery bank according to a result of diagnosing the state of the battery is not a required limitation because it is recited in the alternative form.
Choi et al. does not disclose generating the second differential profile by differentiating, with respect to the voltage of the battery bank, the first differential profile.
Yoon et al. discloses generating the second differential profile (paragraph 0035, lines 9-11) by differentiating, with respect to the voltage of the battery bank (paragraph 0035, lines 9-11, 1-4), the first differential profile (paragraph 0035, lines 7-9).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to provide Choi et al. (‘620) with differentiating, with respect to the voltage of the battery bank, the first differential profile as disclosed by Yoon et al. for the purpose of generating a second differential profile.
Regarding claim 4 and 9, Choi et al. discloses diagnosing the state of the battery bank includes comparing the second differential capacity value (differential profile for the voltage and capacity from the voltage profile, paragraph 0030, lines 5-7) of the target peak (peak from the differential profile, lines 7-10) with a predetermined threshold value (reference peaks, paragraph 0030, lines 13-19), and diagnosing the state of the battery bank as an abnormal state when the second differential capacity value is less than a threshold value (diagnosing the battery based on the difference between peak(s) and the reference peak(s), paragraph 0030, lines 16-19, where the peak(s) are less than the reference peak(s), Fig. 5, i.e., the peaks are not equal to the reference peak(s)).
Regarding claim 6 and 11, Choi et al. discloses the battery assembly includes a plurality of battery banks (battery module including a plurality of battery cells in parallel, paragraph 0056, lines 5-7), wherein the method further comprises
generating a plurality of second differential profiles respectively corresponding
to the plurality of battery banks included in the battery assembly (obtaining battery second differential profile, paragraph 0143, lines -13), and
diagnosing a state of each of the plurality of battery banks as a normal
state or an abnormal state based on the plurality of second differential profiles (diagnosing a state of a battery based on a plurality of battery differential profiles, paragraph 0141, lines 5-8).
Regarding claim 13, Choi et al. discloses a battery pack comprising the apparatus for diagnosing the battery assembly (paragraph 0028).
Regarding claim 14, Choi et al. discloses a vehicle comprising the apparatus for diagnosing the battery assembly (paragraph 0029).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (‘620) in view of Yoon et al. as applied to claim 1 above, and further in view of Choi et al. (US 2023/0333174).
Regarding claim 2, Choi et al. (‘620) discloses generating the second differential profile includes (obtaining second differential profile 300b, paragraph 0144, lines 1-10): generating the second differential profile using the voltage values (obtaining differential profiles from voltage profiles, paragraph 0139, lines 1-3) while the battery bank is being charged or discharged (obtaining differential profiles while charging/discharging, paragraph 0144, lines 1-10).
Choi et al. (‘620) as modified by Yoon et al. does not disclose repeatedly measuring a voltage value and a current value of the battery bank using at least one electrical sensor while the battery bank is being charged or discharged; and generating the second differential profile using the voltage values and the current values measured while the battery bank is being charged or discharged.
Choi et al. (‘174) discloses repeatedly measuring a voltage value and a current value of the battery bank using at least one electrical sensor (paragraph 0173, lines 1-9) while the battery bank is being charged or discharged (paragraph 0056, lines 1-6); and
generating the second differential profile (paragraph 0059, lines 1-3) using the voltage values and the current values measured while the battery bank is being charged or discharged (paragraph 0056, lines 1-6).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to provide Choi et al. (‘620) as modified with a sensor for measuring a voltage value and a current value of the battery as disclosed by Choi et al. (‘174) for the purpose of generating a second differential profile.
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (‘620) in view of Yoon et al. as applied to claims 1 and 8 above, and further in view of Ueda (JP 2024082349) and Jee et al. (US 20230039356).
Regarding claims 5 and 10, Choi et al. (‘620) discloses diagnosing the state of the battery bank includes diagnosing the state of the battery bank as an abnormal state when the second differential capacity value of the target peak is less than a predetermined threshold value (diagnosing the battery based on the difference between peak(s) and the reference peak(s), paragraph 0030, lines 16-19, where the peak(s) are less than the reference peak(s), Fig. 5, i.e., the peaks are not equal to the reference peak(s)).
However, Choi et al. (‘620) as modified by Yoon et al. does not disclose diagnosing the state of the battery bank includes diagnosing the state of the battery bank as an abnormal state in which the plurality of battery cells are unevenly deteriorated, when a number of peaks located in the predetermined voltage section exceeds a predetermined reference number.
Ueda discloses diagnosing the state of the battery bank includes diagnosing the state of the battery bank as an abnormal state (page 3, paragraph 2, lines 1-2) in which the plurality of battery cells are unevenly deteriorated (page 3, paragraph 2, lines 7-8), while
Jee et al. discloses a number of peaks located in the predetermined voltage section exceeds a predetermined reference number (when the number of peaks exceeds 1, the available lithium of the battery is lost, paragraph 0092, lines 1-4).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to provide Choi et al. (‘620) as modified with determining whether the plurality of battery cells are unevenly deteriorated as disclosed by Ueda and determining whether a number of peaks located in the predetermined voltage section exceeds a predetermined reference number as disclosed by Jee et al. for the purpose of diagnosing the state of the battery bank.
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (‘620) in view of Yoon et al. as applied to claims 1 and 8 above, and further in view of Ueda (JP 2024082349).
Regarding claims 7 and 12, Choi et al. (‘620) discloses diagnosing the state of the battery bank includes diagnosing the state of the battery bank as an abnormal state when the second differential capacity value of the target peak is less than a predetermined threshold value (diagnosing the battery based on the difference between peak(s) and the reference peak(s), paragraph 0030, lines 16-19, where the peak(s) are less than the reference peak(s), Fig. 5, i.e., the peaks are not equal to the reference peak(s)).
Choi et al. (‘620) as modified by Yoon et al. does not disclose diagnosing the state of a battery bank including controlling a charger that charges the battery bank to reduce a voltage at an end of charging of the battery bank or reduce a current rate of a current that charges the battery bank, when the state of the battery bank is diagnosed as an abnormal state.
Ueda discloses “the electrode 201 of the secondary battery 200 deteriorates unevenly depending on the method of use such as rapid charging” (page 3, paragraph 2, lines 7-8). Accordingly, it would have been obvious in view of Ueda to control a charger to reduce a current rate of a current that charges the battery bank, when the state of the battery bank is diagnosed as an abnormal state.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the invention was made to provide Choi et al. (‘620) as modified with reducing a current rate of a current that charges the battery bank as disclosed by Ueda for the purpose of preventing further uneven/abnormal battery deterioration.
It is noted that diagnosing the state of a battery bank including controlling a charger that charges the battery bank to reduce a voltage at an end of charging of the battery bank is an alternative limitation because it is recited in the alternative form.
Response to Arguments
Applicant's arguments filed on February 25, 2026 have been fully considered.
Applicant’s arguments and amendments with respect to the claim interpretation under 35 USC 112(f) have been fully considered and are persuasive. The claim interpretation under 35 USC 112(f) has been withdrawn.
Applicant’s arguments and amendments with respect to the rejections under 35 USC 101 have been fully considered and are persuasive. The rejections under 35 USC 101 have been withdrawn.
Applicant’s arguments and amendments with respect to the rejection(s) under USC 103 have been fully considered and are persuasive. Therefore, the rejections under USC 103 have been withdrawn. However, upon further consideration, new grounds of rejection under 35 USC 103 are made in view of Yoon et al., as discussed above.
While Choi et al. does not disclose generating the second differential profile by differentiating, with respect to the voltage of the battery bank, the first differential profile, this limitation would have been obvious in view of Yoon et al..
Yoon et al. discloses generating the second differential profile (paragraph 0035, lines 9-11) by differentiating, with respect to the voltage of the battery bank (paragraph 0035, lines 9-11, 1-4), the first differential profile (paragraph 0035, lines 7-9).
Applicant’s remaining arguments have been considered but are traversed in view of the discussions above.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Nghiem whose telephone number is (571) 272-2277. The examiner can normally be reached on M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MICHAEL P NGHIEM/Primary Examiner, Art Unit 2857 March 6, 2026