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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/29/2026 has been entered.
Response to Amendment
The amendment filed on 01/29/2026 does not place the application in condition for allowance.
The rejections of claims 1, 4-7 under 35 U.S.C. 102 and 2 and 8 under 35 U.S.C. 103 are maintained
Response to Arguments
Applicant's arguments filed 01/29/26 have been fully considered but they are not persuasive.
Applicant argues the physical operation of a physical switch amounts to more than a mental process or math and therefore overcomes the 35 U.S.C 101 rejection, however the switch driver, as presented in the claims, is a generic and common device without clear connection to the abstract idea presented in claim 1 and therefore the switch driver does not have the necessary integration amounting to significantly more than the identified judicial exception.
Applicant also argues the capacity Q2 is within a range predetermined based on the positive and negative material characteristics, however as described in the previous rejection of claim 1 the positive and negative electrode material were pre-selected for the material characteristics including phase change characteristics and therefore the capacity is also preselected and predetermined(see current rejection of claim 1).
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 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, 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 is selected based on its appearance within a predetermined capacity range of the battery, 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, 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 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 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 § 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.
Claims 1 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Youhei (WO2013157132A1 reference made to English translation).
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), 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.
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 4, 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, 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, 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, Youhei discloses a battery pack (battery pack 41, page 5 lines 202-204) comprising the battery management system according to claim 1.
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.
Claims 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Youhei (WO2013157132A1 reference made to English translation).
Regarding claim 2, 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 8, Youhei discloses the battery pack according to claim 7 where in 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.
Conclusion
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.
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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 9 April 2026
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