DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/26/2026 has been entered.
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.
Claim(s) 1-8, 11-22 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 1 recites
outputting a deterioration state,
acquire voltage, current, and temperature of the secondary battery along with position information of the moving body;
acquire use state information of the moving body, the use state information including the position information;
quantify a deterioration state of the secondary battery based on secondary battery state information indicative of the voltage, the current, and the temperature of the secondary battery,
recognize the quantified value as a value of the deterioration state of the secondary battery,
store the value of the deterioration state in the memory of the moving body in chronological order,
and
store the use state information, including the position information of the moving body and indicative of how the secondary battery was used in the past or until now, in the memory of the moving body in chronological order;
acquire a tendency of the deterioration state of the secondary battery based on values of deterioration states of the secondary battery at a plurality of past time points stored in the memory of the moving body;
and
determine whether or not a most recent deterioration state is deviating from the tendency based on the acquired tendency of the deterioration state of the secondary battery and a value of the most recent recognized deterioration state of the secondary battery;
in a case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency,
acquire, from the use state information which is received from the moving body and stored in the memory of the server, geographical characteristic information as information indicative of geographical characteristics that affect the deterioration state of the secondary battery based on past and/or current position information of the moving body with reference to a database in which positions and geographical characteristics are registered in association with each other
to
determine, based on the position information of the moving body and the geographical characteristic information, detailed information on a detailed deterioration state
including
geographical information on geographical characteristics that affected the deterioration state of the secondary battery
and
response information on a response according to the geographical characteristics to be recommended to avoid the moving body positioning in an area
including
a position corresponding to the geographical characteristics to have caused a later deterioration state to deviate from the tendency
such that
the recent deterioration state acquired from the secondary battery after the moving body is moved according to the response information is not deviating from the tendency;
in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency
generate and transmit to the main part of the moving body, based on the value of the most recent recognized deterioration state and the determined detailed information on the detailed deterioration state which is received by the moving body from the server,
data including
at least position where the secondary battery was used in the past and that led to the deterioration state to deviate from the tendency,
and
the response information about the recommended response,
which
is received by the moving body from the server, so as to avoid the moving body positioning in an area including the position corresponding to the geographical characteristics to have caused a later deterioration state to deviate from the tendency
such that
the recent deterioration state acquired from the secondary battery after the moving body is moved according to the response information is not deviating from the tendency;
and
in a case where the hardware processor of the moving body determines that the most recent deterioration state is not deviating from the tendency,
generate and transmit to the main part of the moving body, based on the value of the most recent recognized deterioration state, data relating to the most recent recognized deterioration state of the secondary battery,
which
data is different from the data generated and transmitted in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
Independent Claim(s) 2 recites
outputting a deterioration state,
acquire voltage, current, and temperature of the secondary battery;
quantify a deterioration state of the secondary battery based on secondary battery state information indicative of the voltage, the current, and the temperature of the secondary battery,
recognize the quantified value as a value of the deterioration state of the secondary battery,
and
store the value of the deterioration state in the memory of the moving body in chronological order;
acquire a tendency of the deterioration state of the secondary battery based on values of deterioration states of the secondary battery at a plurality of past time points stored in the memory of the moving body;
and
determine whether or not a most recent deterioration state is deviating from the tendency based on the acquired tendency of the deterioration state of the secondary battery and a recognized value of the most recent deterioration state of the secondary battery;
refer to stored reference information in which any one of pieces of secondary battery state information indicative of voltage, current, and temperature of a prepared secondary battery or a combination thereof is associated with an event occurring in the prepared secondary battery
to
estimate the event occurring in the secondary battery based on any one of pieces of the secondary battery state information indicative of the voltage, the current, and the temperature of the secondary battery or the combination thereof;
and
in a case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency,
determine detailed information on a detailed deterioration state
including
estimated event information indicative of the estimated event occurring in the secondary battery based on any one of pieces of the secondary battery state information indicative of the voltage, the current, and the temperature of the secondary battery or the combination thereof
and
response information on a response indicating the next action to the secondary battery mounted on the moving body to be recommended, relating to the estimated event occurring in the secondary battery
such that
the recent deterioration state acquired from the secondary battery after the moving body is moved according to the response information is not deviating from the tendency;
and
in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency,
generate and transmit to the main part of the moving body, based on the value of the most recent recognized deterioration state and the determined detailed information on the detailed deterioration state which is received by the moving body from the server, data
including
at least a content of the estimated event occurring in the secondary battery and the response information about a recommended response indicating the next action to the secondary battery mounted on the moving body, which is received by the moving body from the server, relating to the estimated event occurring in the secondary battery
such that
the recent deterioration state acquired from the secondary battery after the moving body is moved according to the response information is not deviating from the tendency;
and
in a case where the hardware processor of the moving body determines that the most recent deterioration state is not deviating from the tendency,
generate and transmit to the main part of the moving body, based on the value of the most recent recognized deterioration state, data
relating to
the most recent recognized deterioration state of the secondary battery,
which
data is different from the data generated and transmitted in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
Independent Claim(s) 3 recites
outputting a deterioration state,
acquire voltage, current, and temperature of the secondary battery;
acquire use state information of the moving body;
quantify a deterioration state of the secondary battery based on secondary battery state information indicative of the voltage, the current, and the temperature of the secondary battery,
recognize the quantified value as a value of the deterioration state of the secondary battery, and
store the value of the deterioration state in the memory of the moving body in chronological order;
acquire a tendency of the deterioration state of the secondary battery based on values of deterioration states of the secondary battery at a plurality of past time points stored in the memory of the moving body; and
determine whether or not a most recent deterioration state is deviating from the tendency based on the acquired tendency of the deterioration state of the secondary battery and a value of the most recent recognized deterioration state of the secondary battery;
estimate an event occurring in the secondary battery from the value of the most recent deterioration state of the secondary battery and the use state information
using
a predictive model with the value of the deterioration state and the use state information of the secondary battery as input and the event occurring in the secondary battery as output,
where
the predictive model is obtained by
machine learning a correlation between information indicative of values of past deterioration states
and
use states of the prepared secondary battery and events that occurred in the prepared secondary battery in the past using, as training data,
the information indicative of the past deterioration states and use states of a prepared secondary battery mounted on the moving body and/or other moving bodies
and
information indicative of the events that occurred in the prepared secondary battery in the past;
and
in a case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency,
determine detailed information on a detailed deterioration state
including
estimated event information indicative of the event occurring in the secondary battery estimated based on the value of the most recent deterioration state and the use state information of the secondary battery
and
response information on a response indicating the next action to the secondary battery mounted on the moving body to be recommended, relating to the estimated event occurring in the secondary battery
such that
the recent deterioration state acquired from the secondary battery after the moving body is moved according to the response information is not deviating from the tendency;
and
in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency,
generate and transmit to the main part of the moving body, based on the value of the most recent recognized deterioration state and the determined detailed information on the detailed deterioration state which is received by the moving body from the server, data
including at least a content of
the estimated event occurring in the secondary battery
and
the response information about a recommended response indicating the next action to the secondary battery mounted on the moving body, which is received by the moving body from the server, relating to the estimated event occurring in the secondary battery
such that
the recent deterioration state acquired from the secondary battery after the moving body is moved according to the response information is not deviating from the tendency;
and
in a case where the hardware processor of the moving body determines that the most recent deterioration state is not deviating from the tendency,
generate and transmit to the main part of the moving body, based on the value of the most recent recognized deterioration state, data relating to the most recent recognized deterioration state of the secondary battery,
which
data is different from the data generated and transmitted in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 1, 2, 3, Claim(s) 4-8, 11-22 recite(s)
acquires the tendency of the deterioration state of the secondary battery based on a moving average value of values of deterioration states of the secondary battery for a predetermined period among values of the past deterioration states of the secondary battery stored in the memory of the moving body,
and
in a case where a difference between the moving average value of the values of deterioration states of the secondary battery for the predetermined period and the value of the most recent deterioration state is a predetermined threshold value or more,
determines that the most recent deterioration state is deviating from the tendency.
acquires
information indicative of an internal resistance or charging capacity value in an initial state of the secondary battery,
and
information indicative of a most recent internal resistance or charging capacity value of the secondary battery based on information indicative of most recent voltage, current, and temperature of the secondary battery
to
recognize a value of an internal resistance increase degree or capacity remaining degree of the secondary battery determined based on the information as a value of the deterioration state of the secondary battery.
estimate remaining life as a period until the secondary battery becomes a predetermined deterioration state,
and
predict a future internal resistance or remaining capacity value of the secondary battery from the tendency of the deterioration state of the secondary battery,
estimate, as the remaining life of the secondary battery, a period until the predicted future internal resistance or charging capacity value of the secondary battery reaches a predefined upper limit of the internal resistance value or lower limit of the charging capacity value of the secondary battery,
and
transmit to the main part of the moving body information indicative of the remaining life at least in the data that is generated
and
transmit in the case where the hardware processor of the moving body determines that the most recent deterioration state is not deviating from the tendency.
refer to information in which the event occurring in the prepared secondary battery and a risk level of the event are recorded in association with each other to recognize the risk level of the estimated event,
determines the detailed information on the detailed deterioration state based on a content of the estimated event and the recognized risk level.
when the recognized risk level meets a predetermined condition, the maintenance engineer device transmits information indicative of the risk level and the content of the estimated event .
wherein,
in the case where the hardware processor of the moving body
determines that the most recent deterioration state is deviating from the tendency,
generates the data to include
(i) the value indicating the most recent deterioration state,
(ii) a content of an event estimated based on the information on the detailed deterioration state,
and
(iii) the recommended response.
wherein,
in the case where the hardware processor of the moving body determines that the most recent deterioration state is deviating from the tendency,
the hardware processor of the moving body
generates the data to include
(i) the value indicating the most recent deterioration state,
(ii) a content of the estimated event,
and
(iii) the recommended response.
informs the user of the most recent or past deterioration state and the detailed deterioration state.
the most recent or past deterioration state and the detailed deterioration state;
and
the most recent or past deterioration state and the detailed deterioration state.
outputs the response information on the response
according to
the geographical characteristics to be recommended
to avoid the moving body positioning in the area including the position corresponding to the geographical characteristics to have caused the later deterioration state to deviate from the tendency such that a recommended response is output to the user.
the recommended response.
the most recent or past deterioration state and the detailed deterioration state.
outputs the response information about a recommended response indicating the next action to the secondary battery mounted on the moving body, relating to the estimated event occurring in the secondary battery such that the recommended response is output to the user.
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. A state output system for… the state output system comprising: the moving body, the moving body comprisinga hardware processor, a memory, and a main part; and a server, the server comprising a hardware processor and a memory; wherein the moving body and the server are communicably connected to each other by a communication network, the hardware processor of the moving body is configured to: wherein the hardware processor of the server is configured to: further comprising a maintenance engineer device used by a maintenance engineer who performs maintenance of the secondary battery; a user device output unit that; the user device output unit comprises at least one of: a display such that; a speaker that);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generically data acquisition and output (e.g., acquiring data/information; displayed data/information on the display; outputs data/information by voice); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. a secondary battery mounted on a moving body used by a user; data of the secondary battery; data of the moving body).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., a system comprising a plurality of generic computer structure (i.e. a moving body comprising a hardware processor, a memory, and a main part; and a server comprising a hardware processor and a memory)).
Allowable Subject Matter (over Prior Art)
See prior OA, mailed 11/07/2024, for the statement of reasons for the indication of allowable subject matter over prior art.
Response to Arguments
Applicant’s amendments, filed on 04/24/2026, have been entered and fully considered. In light of the applicant’s amendments changing the scope of the claimed invention, the rejection(s) have been withdrawn or updated. However, upon further consideration, a new or updated ground(s) of rejection(s) have been made, and applicant's argument(s)/remark(s) pertaining to the amended language have been rendered moot.
Applicant's argument(s)/remark(s), see page(s) 19-23, filed 04/24/2026, with respect to the 101 rejection(s) has/have been fully considered.
-Applicant states
“THE REJECTION UNDER 35 U.S.C. § 101
In the Final Office Action, claims 1-8 and 11-13 were again rejected under 35 U.S.C. § 101.
Claims 1-3 are amended herein such that the claimed invention is even more clearly not an abstract idea utilizing mental process concepts, including by specifying the communication relationship between the moving body and the server via a communication network, and that the moving body's hardware processor acquires physical parameters of the secondary battery, e.g., the voltage, current, and temperature of the secondary battery. Furthermore, claims 1-3 are amended to clarify that the claimed invention performs an action on or with the secondary battery, by specifying that the response information included in the data transmitted to the main body of the moving body is configured such that the recent deterioration state, acquired from the secondary battery after the moving body is moved according to the response information, does not deviate from the tendency.”.
-Applicant states
“Step 2A, Prong 1
There are at least three reasons why amended claims 1-3 satisfy Step 2A, Prong 1.
First, the presently claimed invention as recited in amended claims 1-3 acquires three physical quantities, i.e., voltage, current, and temperature of the secondary battery, and is an apparatus specialized for evaluating the deterioration state characteristics of a secondary battery; it is not merely directed to a mental process or a mathematical concept.
Second, the invention recited in amended claims 1-3 specifies a configuration including a moving body and a server connected via a communication network and therefore is not a mental process executable by a human.
Third, claims 1-3 recite a moving body on which a "secondary battery" is mounted and a server configured to process information regarding the reason of abnormal deterioration of the secondary battery, and are not mere statements of general, abstract information processing.
Amended claims 1-3 require a degree of physicality that precludes performance of the claimed invention entirely mentally.”.
Examiner respectfully disagrees with the underlined argument(s)/remark(s).
Examiner maintains previous response:
Examiner’s BRI of the claimed inventions is generic computer structure being used as a tool to generically acquire data, process the data via an abstract idea of mental concepts and/or mathematical concepts, and generically output a result corresponding to the deterioration state of a battery.
When examining step 2A Prong 1, Examiner determines if there is an abstract idea present. One skilled in the art can at least perform the identified abstract idea utilizing Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion). Further, one skilled in the art can at least perform the identified abstract idea utilizing Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation. The arguments, in light of the specification, fail to convince the Examiner that utilizing Mathematical Concepts and/or Mental Processes does not fit within the scope of the identified abstract limitations.
-Applicant states
“Step 2A, Prong 2
In amended claims 1-3, when abnormal deterioration of the secondary battery occurs, the server is configured to identify the reason for the abnormal deterioration and a recommended future response so as to avoid further deterioration. This configuration is considerably more than the mere presentation of results, and instead, constitutes a practical application that exerts a concrete impact on how the moving body on which the secondary battery is mounted is used (improving safety and service life). The user is provided with specific information to control or direct the moving body to avoid accelerated deterioration of the secondary battery.
In response to the Examiner's assertion in the Final Office Action that "there are no steps that perform any action on or with the battery" (page 14), it is expressly specified in the amended claims that, by moving the moving body according to the response information, the subsequent change in the deterioration state of the secondary battery is affected. Movement of the moving body to avoid a specific geographical area, when different geographical areas have different effects on secondary battery deterioration, inherently affects the deterioration state.
Furthermore, outputting the reason for the moving body's abnormal deterioration and the recommended future response constitutes a concrete practical application in battery technology, because changing how the moving body is used directly changes the stress profile of the secondary battery and produces the technical effect of suppressing deterioration.
These aspects, i.e., what occurs with the response information and the manner in which the response information is informed to the user, are more explicitly recited in claims 14-22. These new claims are directed primarily to the user device output unit, which may be a display for visual information to the user of the moving body such as shown in Figs. 8 and 9 and/or a speaker to provide oral or voice information to the user of the moving body (see paragraph [0160]). The user device output unit presents the recommended response and deterioration state information to the user to enable the user to undertake appropriate action to practically use the information being generated by the state output system in any of the presently claimed configurations. For example, as explained in paragraph [0155], since the detailed deterioration state determination unit 311 further analyzes information indicative of past deterioration states and use states of secondary batteries 170 mounted on user devices 10 other than the user device 10 concerned to recognize that a rapid increase in deterioration degree can be suppressed by avoiding driving on slopes, "the detailed deterioration state determination unit 311 determines the detailed deterioration state including information to recommend the user to go the other way." This recommendation, based on part of other user devices, is notified to the user of the instant moving body via the display and/or speaker of that moving body, see Fig. 9.
This practical use of presenting information to the user derived at least in part from data about a secondary battery on the moving body, as well as possibly from other moving bodies, to a user to enable the user to direct or control that same moving body, via a display and/or speaker on the moving body, clearly renders the presently claimed invention directed to significantly more than an abstract idea.
Accordingly, the identified abstract idea has indeed been practically applied in a particular way in a particular technology.”.
Examiner respectfully disagrees with the underlined argument(s)/remark(s).
Examiner maintains previous response:
When examining step 2A Prong 2, Examiner examines the additional elements to determine if the identified abstract idea has been practically applied in a particular way in a particular technology. Limitations that are not indicative of integration into a practical application: Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)); Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)); or Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)). The additional elements, when viewed individually and in combination with the identified abstract idea, do not add anything beyond mere instructions to implement an abstract idea on a computer, adding generic ‘apply it’ language, and generically linking the identified abstract idea to a technological environment or field of use. The claim language generically states that the system comprises a ‘moving body’ the comprises ‘a hardware processor, a memory, and a main part’, and ‘a server’ comprising ‘a hardware processor and a memory’. The components in the system are extremely broad and not viewed as a particular technology. The abstract algorithm being performed by the generic computer structure generally links the abstract algorithm to a battery. The are no steps that perform any action on or with the battery based on the result of the algorithm that would be considered a practical application to the battery. The BRI of the claim language is in light of the specification but not limited to the specification. Applicant’s arguments providing examples of intended use(s) of the claimed invention in view of the specification does not make the claims patent eligible. The claimed invention monopolizes all technologies with a battery. Generic data acquisition and output are considered insignificant extra solution activity (e.g., generic outputting information and recommendations via generic/conventional computer components (i.e., generic data transmission components, generic display, and/or generic speaker) . The claim language is not directed towards improving how data is generally transmitted.
-Applicant states
“Step 2B
In the presently claimed invention, the functional allocation whereby the moving body performs time-series evaluation of the secondary battery and detects abnormal deterioration, while the server is configured to identify the reason of the abnormal deterioration and the recommended future response, and to transmit them to the moving body, is an architectural arrangement involving multiple physical elements that cannot be reduced to mere "abstract processing on a generic computer."
By defining the presently claimed invention as a limited technical application directed to "detecting deviations in the deterioration state of a secondary battery based on voltage, current, and temperature" and "a response that relies on location-correlated geographic characteristics or the estimated event so as to suppress deviation from the tendency", it does not broadly monopolize battery deterioration monitoring in general or mere "data acquisition and display." Rather, it is directed to a specific implementation of battery deterioration monitoring that should be deemed to be directed to patentable subject matter.
In view of the foregoing, it is respectfully requested that the rejection under 35 U.S.C. § 101 be withdrawn.”.
Examiner respectfully disagrees with the underlined argument(s)/remark(s).
Examiner maintains previous response:
When examining step 2B, Examiner examines the additional elements to determine if they amount to significantly more than the abstract idea. The only additional element(s) is/are the generic computer structure being used as a tool to perform the abstract idea, and a mobile structure comprising generic computer structure. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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, 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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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit
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