Prosecution Insights
Last updated: August 06, 2026
Application No. 19/065,394

OUT-RUSH PROTECTION DEVICE FOR A BATTERY SYSTEM AND APPLICATIONS THEREOF

Non-Final OA §102§103
Filed
Feb 27, 2025
Priority
May 03, 2024 — provisional 63/642,530
Examiner
TRAN, THAI H
Art Unit
2836
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Electrovaya Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
247 granted / 344 resolved
+3.8% vs TC avg
Strong +26% interview lift
Without
With
+26.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
24 currently pending
Career history
378
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
53.9%
+13.9% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
22.6%
-17.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 344 resolved cases

Office Action

§102 §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 . This Office Action responses to the Application filed on 02/27/2025. Priority Applicant's claim for the benefit of a prior-filed application under 35 U.S.C. 120 is acknowledged. This application claims priority from U.S. Provisional Patent Application No. 63/642,530, filed on 05/03/2024. Information Disclosure Statement Information Disclosure Statement (IDS) filed on 09/08/2025 was considered. Claims 1-20 are pending for examination. Examiner’s Note In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 6-8, 13-15, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BAEK, US Patent Publication 20130033794; hereinafter BAEK. Regarding claim 1, BAEK discloses an electric vehicle system (Figs. 1-3) [0021], comprising: an electrical energy storage device (112); a drive unit (140) configured to receive a current from the electrical energy storage device (112); and a control module (200) coupled to the electrical energy storage device (112), the control module configured to control the current output from the electrical energy storage device to the drive unit [0032]-[0034], wherein the control module comprises a current protection unit (220 and 230) configured to increase an impedance of the electrical energy storage device upon a detection of an in-rush current event at the drive unit [0013] [0036]-[0043], and wherein the current protection unit is further configured to reduce the impedance of the electrical energy storage device upon detecting that the in-rush current event has subsided ([0013] “The controller is configured to detect an overcurrent and protect the battery module, turn on the main relay and turn off the auxiliary relay in a normal state where the battery module is recharged by the generator, and when the overcurrent is detected, turn on the auxiliary relay and turn off the main relay so that a limited current flows through the current limiting resistor” indicates the auxiliary relay turn-on and main relay turn-off to increase the impedance whenever overcurrent is detected; and auxiliary relay turn-off and main relay turn-on to decrease the impedance when no overcurrent is detected). Regarding claim 6, BAEK discloses the electric vehicle system of claim 1 above, BAEK also discloses the current protection unit comprises a resistor (230) connected in series with either a positive terminal (Fig. 2, 230 is in series with top terminal of the battery usually indicates positive terminal) or a negative terminal of the electrical energy storage device via an electromechanical switch (relay 220 in series before or after a resistor considered as equivalent circuit in the art), and wherein the current protection unit increases the impedance by connecting the electromechanical switch to the positive terminal or the negative terminal of the electrical energy storage device such that the resistor creates a high impedance at either the positive terminal or the negative terminal of the electrical energy storage device [0013] [0036]-[0043]. Regarding claim 7, BAEK discloses the electric vehicle system of claim 1 above, BAEK also discloses the electrical energy storage device comprises a lithium-ion battery, a solid-state lithium-ion battery, or a lead acid battery [0003]-[0005]. Regarding claim 8, BAEK discloses a system (Figs. 1-3) [0021], comprising: an electrical energy storage device (112); a load (140) configured to receive power from the electrical energy storage device (112); and a controller (200) coupled to the electrical energy storage device (112), the controller configured to control the power output from the electrical energy storage device to the load [0032]-[0034], wherein the controller comprises a protection unit (220 and 230) configured to increase an impedance of the electrical energy storage device upon a detection of an out-rush current event at the electrical energy storage device [0013] [0036]-[0043], and wherein the protection unit is further configured to reduce the impedance of the electrical energy storage device upon detecting that the out-rush current event has subsided ([0013] “The controller is configured to detect an overcurrent and protect the battery module, turn on the main relay and turn off the auxiliary relay in a normal state where the battery module is recharged by the generator, and when the overcurrent is detected, turn on the auxiliary relay and turn off the main relay so that a limited current flows through the current limiting resistor” indicates the auxiliary relay turn-on and main relay turn-off to increase the impedance whenever overcurrent is detected; and auxiliary relay turn-off and main relay turn-on to decrease the impedance when no overcurrent is detected). Regarding claim 13, BAEK discloses the system of claim 8 above, BAEK also discloses the protection unit comprises a resistor (230) connected in series with either a positive terminal (Fig. 2, 230 is in series with top terminal of the battery usually indicates positive terminal) or a negative terminal of the electrical energy storage device via an electromechanical switch (relay 220 in series before or after a resistor considered as equivalent circuit in the art), and wherein the protection unit increases the impedance by connecting the electromechanical switch to the positive terminal or the negative terminal of the electrical energy storage device such that the resistor creates a high impedance at either the positive terminal or the negative terminal of the electrical energy storage device [0013] [0036]-[0043]. Regarding claim 14, BAEK discloses the system of claim 8 above, BAEK also discloses the electrical energy storage device comprises a lithium- ion battery, a solid-state lithium-ion battery, or a lead acid battery [0003]-[0005]. Regarding claim 15, BAEK discloses a vehicle (Figs. 1-3) [0021], comprising: an electrical energy storage device (112); an electric motor (140) configured to receive a current from the electrical energy storage device (112); and a control module (200) coupled to the electrical energy storage device (112), the control module configured to control the current output from the electrical energy storage device to the electric motor [0032]-[0034], wherein the control module comprises a current protection unit (220 and 230) configured to increase an impedance of the electrical energy storage device for a period of time to protect an out-rush event at the electrical energy storage device and reduce the impedance after the period of time has expired [0013] [0036]-[0043]. Regarding claim 20, BAEK discloses the vehicle of claim 15 above, BAEK also discloses the current protection unit comprises a resistor (230) connected in series with either a positive terminal (Fig. 2, 230 is in series with top terminal of the battery usually indicates positive terminal) or a negative terminal of the electrical energy storage device via an electromechanical switch (relay 220 in series before or after a resistor considered as equivalent circuit in the art), and wherein the protection unit increases the impedance by connecting the electromechanical switch to the positive terminal or the negative terminal of the electrical energy storage device such that the resistor creates a high impedance at either the positive terminal or the negative terminal of the electrical energy storage device [0013] [0036]-[0043]. 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. Claim(s) 2-4, 9-11, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAEK in view of Yang et al., US Patent Publication 20140252847; hereinafter Yang. Regarding claims 2, 9, and 16, BAEK discloses the electric vehicle system, the system, and the vehicle of claim 1, 8, and 15 above, BAEK does not explicitly disclose the out-rush current event at the electrical energy storage device comprises a high current event exceeding an electrical current of 1000 amperes drawn from the electrical energy storage device that causes a high-power load to the electrical energy storage device. Yang discloses a power system for vehicle potentially having inrush current exceed 1000 amperes that could affect the life of a relay (Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified BAEK to incorporate the teaching of Yang and have the out-rush current event at the electrical energy storage device comprises a high current event exceeding an electrical current of 1000 amperes drawn from the electrical energy storage device that causes a high-power load to the electrical energy storage device, since it is well-known in the art that in high power application, inrush current can draw exceeding 1000 amperes from the electrical energy storage device. Regarding claims 3, 10, and 17, BAEK discloses the electric vehicle system, the system, and the vehicle of claim 2, 9, and 16 above, BAEK also discloses the current protection unit is further configured to monitor the out-rush current event at the electrical energy storage device via a current measurement (290). Regarding claims 4, 11, and 18, BAEK discloses the electric vehicle system, the system, and the vehicle of claim 3, 10, and 17 above, BAEK also discloses the in-rush current event further comprises a low current event occurred after the high current event has subsided from the high-power load to the electrical energy storage device [0013] [0036]-[0043]. Claim(s) 5, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over BAEK in view of FUKUI et al., US Patent Publication 20120256611; hereinafter FUKUI. Regarding claims 5, 12, and 19, BAEK discloses the electric vehicle system, the system, and the vehicle of claim 1, 8, and 15 above, BAEK does not explicitly discloses the in-rush current event is detected via a measurement of a brownout of an output voltage of the electrical energy storage device. FUKUI discloses an electric vehicle system detecting voltage drop due to inrush current and adjust impedance based on the voltage drop (Fig. 4) [0041]-[0043]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified BAEK to incorporate the teaching of FUKUI and have the in-rush current event is detected via a measurement of a brownout of an output voltage of the electrical energy storage device. Doing so would allow to have a second measurement method as a backup or to assure the current is accurate. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI H TRAN whose telephone number is (571)270-0668. The examiner can normally be reached M - F 8:30 - 5:00. 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 Barney can be reached at 571-272-7492. 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. /THAI H TRAN/Examiner, Art Unit 2836 /REXFORD N BARNIE/Supervisory Patent Examiner, Art Unit 2836
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Prosecution Timeline

Feb 27, 2025
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §102, §103
Jul 17, 2026
Applicant Interview (Telephonic)
Jul 17, 2026
Examiner Interview Summary

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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
72%
Grant Probability
98%
With Interview (+26.1%)
2y 11m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 344 resolved cases by this examiner. Grant probability derived from career allowance rate.

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