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 .
Response to Amendment
The amendment filed on 07/14/2026 does not place the application in condition for allowance.
In view of the amendment to claim 1, the rejections of claims 1, 4-7 under 35 U.S.C. 102 and 2 and 8 under 35 U.S.C. 103 are withdrawn.
The addition claims 13 and 14(withdrawn) is acknowledged.
Response to Arguments
Applicant's arguments filed 07/14/26 have been fully considered but they are not persuasive.
The examiner respectfully disagrees with the summary of the interview on July 2, 2026 and notes that while the “predetermined capacity range” and “peak of interest” were discussed no agreement was reached on a path forward and the examiner did not come to the conclusion Youhei is only monitoring a single value from the peak of interest at the beginning of life but rather a complete state detection range(last paragraph page 20 to first paragraph page 21) where the battery is being monitored for degradation during which time the peak is not at the exact same value(see Fig. 6 and 8 of Youhei).
Applicant argues the instant application presents a new solution of evaluation of the battery degradation by observing a capacity range rather than a single value overcomes the 35 U.S.C 101 rejection, however this consideration does not overcome the rejection in that the claims do not have the necessary integration amounting to significantly more than the identified judicial exception, such as using the output of the calculation to perform a task or make a decision.
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 1-2, 4-8, and 13 rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites:
A battery management system for a battery comprising a positive electrode material exhibiting a phase transition behavior in a predetermined capacity range and a negative electrode material having plateau characteristics over the predetermined capacity range, wherein a capacity of the battery at which the positive electrode material exhibits the phase transition decreases over time as the battery degrades, the battery management system comprising:
a sensor configured to output sensing information indicating a voltage of the battery and a current of the battery; and
a switch driver, and
a control unit operably coupled to the sensor and the switch driver,
wherein the control unit is configured to:
control the switch driver to turn on a switch during constant current charging or constant current discharging of the battery, wherein the switch being installed on a current path connected to the battery;
determine a voltage curve indicating a correspondence relationship between a capacity of the battery and the voltage of the battery based on the sensing information collected during constant current charging or constant current discharging of the battery,
determine a differential voltage curve based on the voltage curve, the differential voltage curve indicating a correspondence relationship between the capacity of the battery and a differential voltage, wherein the differential voltage is a ratio of a change in the voltage of the battery to a change in the capacity of the battery, wherein the differential voltage curve includes a plurality of peaks, the plurality of peaks including at least a first peak having properties dependent on characteristics of the positive electrode of the battery and at least a second peak having properties dependent on characteristics of the negative electrode of the battery,
detect a peak of interest of the differential voltage curve appearing in the predetermined capacity range, and
select, from among the plurality of peaks in the differential voltage curve, a peak of interest, wherein the peak of interest corresponds to the first peak and is selected based on its appearance within a predetermined capacity range of the battery, and wherein the predetermined capacity range is predetermined to correspond to both (i) a capacity range of the battery over which the positive electrode material exhibits the phase transition over time as the battery degrades and(i) a capacity range over which material of the negative electrode maintains plateau the time the battery degrades, and
determine a first capacity loss ratio indicating a loss ratio of electrode capacity of the positive electrode of the battery based on the differential voltage of the peak of interest.
The claim limitations in the abstract idea have been highlighted above; the remaining limitations are “additional elements.” In the above claim the highlighted portion constitutes an abstract idea because each of these portions are either mental steps and/or math. Also, these abstract ideas are performed by a control unit, which is just a general purpose computer. MPEP 2106.04(a)(2)III is clear that using a computer/controller to perform the abstract idea does not preclude the steps from being considered an abstract idea.
This judicial exception is not integrated into a practical application because once the determination of the first capacity loss ratio is performed, then no action is taken. Therefore, there is no particular practical application.
The claims do recite a sensor to output voltage and current and a switch driver to turn on a switch. However, these are just structures and steps that are used to gather data that is then used in the abstract ideas (determinations), and gathering data to be used in the abstract idea is insignificant extra-solution activity, and not a particular practical application. See MPEP 2106.05(g).
The abstract idea is recited as being performed by a control unit, which is just a general-purpose computer. However, performing the abstract idea on a general-purpose computer is not enough to integrate the exception into a practical application (MPEP 2106.05(b)I.).
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because while claim 1 recites the additional elements of a sensor to output voltage and current of the battery and a switch driver to turn on a switch these additional elements are well-understood, routine, and conventional (WURC). Furthermore, the additional elements and abstract idea have not been integrated and there is no connected between the switch and sensor to the abstract idea including the determination of the voltage/differential voltage curves. The claim is not patent eligible.
Dependent claim 2 adds an additional element of additional sensor structure including a voltage sensor connected in parallel to the battery and a current sensor connected in series to the battery. The additional sensor details are recited at a high level of generality, and lack specific narrowing details regarding the size, type, construction, or other specific aspects. The additional element of a generically recited voltage and current sensor do not add additional elements that, when considered individually and in combination, result in the claim, as a whole, amounting to significantly more than the identified judicial exception. The claim is not patent eligible.
Dependent claims 4-6 and 13 add further details to the identified abstract idea, but do not add additional elements that, when considered individually and in combination, result in the claim, as a whole, amounting to significantly more than the identified judicial exception. The claims add additional limitations to the identified abstract idea such as defining additional mathematical operations including calculating differences, calculating ratios, and solving for equalities. The claims are not patent eligible.
Dependent claim 7 adds an additional element of a battery pack. The battery pack is recited at a high level of generality, and lacks specific narrowing details regarding the size, type, construction, or other specific aspects of the battery. The additional element of a generically recited battery pack, when considered individually and in combination with the other elements identified in claim 1, do not result in the claim, as a whole, amounting to significantly more than the identified judicial exception.
The claim is not patent eligible.
Dependent claim 8 adds an additional element of an electric vehicle comprising the battery pack according to claim 9. The electric vehicle is recited at a high level of generality, and lacks specific narrowing details regarding the size, type, construction, or other specific aspects of the electric vehicle. The additional element of a generically recited electric vehicle, when considered individually and in combination with the other elements identified in claim 9, do not result in the claim, as a whole, amounting to significantly more than the identified judicial exception.
The claim is not patent eligible.
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 1-2, 4-8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Youhei (WO2013157132A1 reference made to English translation) in view of Wood et al. (US20190198856A1).
Regarding claim 1, Youhei discloses a battery management system for a battery comprising a positive electrode material exhibiting a phase transition behavior in a predetermined capacity range (page 1, lines 33-35) and a negative electrode material (graphite) having plateau characteristics over the predetermined capacity range (page 4, lines 154-155 of Youhei see graphite which is known to have plateau characteristics per the instant specification ¶[0040] and, if the composition is the same, it must have the same properties see MPEP § 2112.01, II).
Youhei does not explicitly teach the positive electrode material having the property wherein a capacity of the battery at which the positive electrode material exhibits the phase transition decreases over time as the battery degrades.
Wood, related to batteries, teaches selection of a LiNi0.8Mn0.1Co0.1O2 (NMC811) as a high energy density and low cost material.
One of ordinary skill in the art would have recognized using the NMC811 as a positive electrode material in the battery for the degradation state determination test as taught by Youhei would have provided a battery with high energy density and low cost material and the battery of modified Youhei would also exhibits the capacity at which the NMC811 displays the phase transition decreases over time as the battery degrades(see same material used in instant specification ¶[0039] and Fig. 3).
Therefore it would have been obvious to one of ordinary skill in the art to have used NMC811 in the battery if Youhei to provide high energy density to the battery at low cost.
Youhei further teaches the battery management system comprising:
a sensor configured to output sensing information indicating a voltage of the battery (voltage detector 42, page 6 lines 235-240) and a current of the battery (current detector 43, page 5, lines 216-225; and
a switch driver(i.e. current control unit 45)
a control unit operably coupled to the sensor (i.e. battery controller 51, page 6 line 249), and the switch driver(page 6 lines 241-248)
wherein the control unit is configured to:
control the switch driver to turn on a switch during constant current charging or constant current discharging of the battery, wherein the switch being installed on a current path connected to the battery (page 6 lines 241-248, see the current control unit controls the charging and discharging which one of ordinary skill would recognize includes turning the current on and off and being on a current path).
determine a voltage curve (page 9, lines 381-383, Fig. 5) indicating a correspondence relationship between a capacity of the battery and the voltage of the battery based on the sensing information collected during constant current charging or constant current discharging of the battery,
determine a differential voltage curve based on the voltage curve (page 6, lines 258-260), the differential voltage curve indicating a correspondence relationship between the capacity of the battery and a differential voltage, wherein the differential voltage is a ratio of a change in the voltage of the battery to a change in the capacity of the battery (Fig. 6), wherein the differential voltage curve includes a plurality of peaks(Fig. 6), the plurality of peaks including at least a first peak having properties dependent on characteristics of the positive electrode of the battery and at least a second peak having properties dependent on characteristics of the negative electrode of the battery(the differential curve Fig. 6 shows the change of voltage with multiple peaks and change of capacity of the battery which is in turn dependent on the characteristics of the positive and negative electrode),
select from among the plurality of peaks in the differential voltage curve a peak of interest, wherein the peak of interest is selected based on its appearance within a predetermined capacity range of the battery(page 10 lines 405-409, Fig. 6-7 see peak as feature point 72), and wherein the predetermined capacity range is predetermined based on a material of the positive electrode exhibiting a phase transition behavior within the predetermined capacity range and a material of the negative electrode exhibiting plateau characteristics over the predetermined capacity range, in this case the positive and negative electrode materials were selected/predetermined with particular properties(i.e. phase change etc.) and these properties resulted in a selected peak with an associated capacity range which was thus also predetermined(see last paragraph page 20 to first paragraph page 21 where the range is preset based on the properties of the battery as displayed in the differential curve).
determine a first capacity loss ratio indicating a loss ratio of positive electrode capacity of the battery (page 2, first paragraph, see calculated difference of pre-stored initial value and comparison result of dV) as defined by the instant specification (see determine a first capacity loss ratio by collecting the voltage curve under differing conditions and taking the difference of the differential voltage ¶[0013], [0060]-[0062] and Fig. 3 of the specification) based on a first difference in response to the differential voltage of the peak of interest being larger than a reference differential voltage, and
wherein the first difference is a difference between the differential voltage of the peak of interest and the reference differential voltage (page 2, first paragraph, see calculated difference of pre-stored initial value and comparison result of dV).
Regarding claim 2, modified Youhei discloses the battery management system according to claim 1, wherein the sensor includes: a voltage sensor (voltage detector 42) and a current sensor (current detector 43) and further teaches the batteries may be connected in series, parallel or series-parallel (page 5, lines 205-208), but does not disclose how the sensors are connected to the battery.
One of ordinary skill in the art would recognize the sensors associated with the batteries which are connected in series, parallel or series-parallel may also be connected in multiple ways, including in serries and in parallel, depending on the detection requirements and configuration of the battery pack.
Therefore it would have been obvious to have connected the voltage sensor in parallel and the current sensor in series to appropriately detect the voltage and current signals.
Furthermore, the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Regarding claim 4, modified Youhei discloses the battery management system according to claim 1, wherein the control unit is configured to determine a second capacity loss ratio indicating a loss ratio of usable lithium capacity of the battery based on a capacity of the peak of interest in response to the differential voltage of the peak of interest being equal to the reference differential voltage (page 2, first paragraph, see characteristic point within the differential voltage curve and calculated difference of pre-stored initial value and comparison result of the capacity) as defined by the instant specification (see determine a second capacity loss ratio by collecting the voltage curve under differing conditions, calculating the differential voltage curve, and taking the difference of the differential capacity at the peak of interest ¶[0015], [0060]-[0062] and Fig. 3 of the specification).
Regarding claim 5, modified Youhei discloses the battery management system according to claim 1, wherein the control unit is configured to determine the second capacity loss ratio of the battery based on a second difference in response to the differential voltage of the peak of interest being equal to the reference differential voltage, and
wherein the second difference is a difference between the capacity of the peak of interest and a reference capacity (page 2, first paragraph, see characteristic point within the differential voltage curve and calculated difference of pre-stored initial value and comparison result of capacity).
Regarding claim 6, modified Youhei discloses the battery management system according to claim 1, wherein the control unit is configured to determine the first capacity loss ratio of the battery and a second capacity loss ratio indicating a loss ratio of usable lithium capacity of the battery based on a first difference and a second difference,
wherein the first difference is a difference between the differential voltage of the peak of interest and a reference differential voltage (page 2, first paragraph, see characteristic point within the differential voltage curve and calculated difference of pre-stored initial value and comparison result of capacity), and
wherein the second difference is a difference between the capacity of the peak of interest and a reference capacity (page 2, first paragraph, see characteristic point within the differential voltage curve and calculated difference of pre-stored initial value and comparison result of capacity).
Regarding claim 7, modified Youhei discloses a battery pack (battery pack 41, page 5 lines 202-204) comprising the battery management system according to claim 1.
Regarding claim 8, modified Youhei discloses the battery pack according to claim 7 wherein the system may be a lithium-ion secondary battery (page 14, lines 621-626) but does not disclose an electric vehicle.
One of ordinary skill in the art would recognize the lithium-ion secondary batteries are commonly used in electric vehicles to provide a power source to the vehicle.
Therefore it would have been obvious to one of ordinary skill in the art to have used the battery pack according to claim 7 in an electric vehicle to provide a power source.
Regarding claim 13, modified Youhei discloses the battery pack according to claim 1 wherein a capacity difference between the first peak and the second peak decreases as the capacity of the battery at which the positive electrode material exhibits the phase transition decreases over time as the battery degrades, in this case the NMC811 of the positive electrode and the graphite of the negative electrode would inherently exhibit this peak behavior(see rejection of claim 1 and Fig. 3 of instant specification).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAREN J. ARMSTRONG whose telephone number is (703)756-1243. The examiner can normally be reached Monday-Friday 10 am-6 pm EST.
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, Jeffrey Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.J.A./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 17 August 2024
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