DETAILED ACTION
This Office Action is a first Office Action on the merits of the application. Claims 1 - 15 are presented for examination. Claims 1 - 15 are rejected.
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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: an input parameter value acquirer that acquires and a model predictor that calculates in claim 8 and an input parameter value acquirer that acquires and a model predictor that calculates in claim 12 and an input parameter value acquirer that acquires and a model predictor that calculates in claim 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 - 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 18 - 19 recites “determining whether there is inherent bias in the prediction error for each sample battery”. However, it is unclear in the claims and specification what “inherent bias” is in reference to with regards to the prediction error for sample batteries. Paragraph [0043] provides an explanation of “significant bias”: “Here, the determination of whether or not there is significant bias in the SOH prediction error can be made by evaluating the positions of the calculated upper and lower bounds of the 95% confidence interval for the population mean with respect to the zero point. More specifically, if the upper and lower bounds of the 95% confidence interval for the population mean are both less than or equal to the zero point, or both equal to or greater than the zero point, it can be determined with 95% confidence that there is significant bias in the SOH prediction error”. However, there is no explanation as to what “inherent bias” means, as the specification does not provide any type of explanation similar to the explanation of “significant bias” was provided. It is unclear from the claims and specification what “inherent bias” means, and renders the claim vague and indefinite.
Dependent claims 2 - 15 are rejected due to inherited claim deficiencies of claim 1.
Suggested language: Based on paragraph [0043] of the specification, it appears that significant bias should be recited in the claim instead of inherent bias.
For claim 8, 12, and 15: Claim limitations “an input parameter value acquirer that acquires each value of a plurality of first input parameters and a plurality of second input parameters correlated with a degradation indicator for a battery” and “a model predictor that calculates a predicted value of the degradation indicator by inputting the values of the first and second input parameters acquired by the input parameter value acquirer into a battery model constructed according to the battery model construction method according to claim 1” in claim 8, “an input parameter value acquirer that acquires each value of a plurality of first input parameters and a plurality of second input parameters correlated with a degradation indicator for a battery” and “a model predictor that calculates a predicted value of the degradation indicator by inputting the values of the first and second input parameters acquired by the input parameter value acquirer into a battery model constructed according to the battery model construction method according to claim 2” in claim 12, and “an input parameter value acquirer that acquires each value of a plurality of first input parameters and a plurality of second input parameters correlated with a degradation indicator for a battery” and “a model predictor that calculates a predicted value of the degradation indicator by inputting the values of the first and second input parameters acquired by the input parameter value acquirer into a battery model constructed according to the battery model construction method according to claim 3” in claim 15 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification is devoid of adequate structure to perform the claimed functions. There is no disclosure of any particular structure, either explicitly or inherently, to perform the claimed functions of acquiring each value of a plurality of first input parameters and a plurality of second input parameters and calculating a predicted value of the degradation indicator by inputting the values of the first and second input parameters acquired by the input parameter value acquirer. As would be recognized by those of ordinary skill in the art, and cam be performed in any number of ways in hardware, software, or a combination of the two. The specification does not provide sufficient details such that one of ordinary skill in the art would understand which structures perform the claimed functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 8, 12, and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
As described above, the disclosure does not provide adequate structure to perform the claimed functions. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Allowable Subject Matter
Claim 1: The prior art of Assefi et al. (“Battery Degradation Temporal Modeling Using LSTM Networks”) discloses capacity fading model with regards to a battery, training a model to minimize errors (Mean Absolute Error), aggregating deviations of the actual capacity measurements in a sampling period to obtain a mean absolute value for all deviations in the period as the final error, Hosen et al. (“Battery Lifetime Prediction and Performance Assessment of Different Modeling Approaches”) discloses prediction errors regarding battery behavior during its lifetime and Gaussian process regression model (GPR), predicted samples, and an agreement between target measurements and test response to validate an ANN model, Li et al. (“One-Shot Battery Degradation Trajectory Prediction with Deep Learning”) discloses prediction error over the lifetime of a battery regarding validation and an increase in accuracy based on an evaluation with normal data and evaluation with added noise, and Zhang et al (“Deep Learning-Based Prognostic Approach for Lithium-Ion Batteries with Adaptive Time-Series Prediction and On-line Validation“) adds using history measurements to estimate the SOH (state of health) of a battery, and use of testing samples, and errors between future SOH estimations and actual values.
However, none of the references cited, including the prior art of Assefi, Hosen, Li, and Zhang, taken either alone or in combination with the prior art of record discloses a battery model construction method, including the steps of “a first correlation determining step of using the training data to construct a first error prediction model associating an explanatory variable defined on a basis of the first input parameters with an objective variable corresponding to a predicted value of the prediction error acquired in the error trend determining step”, and “determining whether a first correlation exists between the measured value of the prediction error and the predicted value of the prediction error according to the first error prediction model”, in combination with the remaining elements and features of the claimed invention, with regards to using metrics of a technology to determine if a company needs to adopts a particular technology. It is for these reasons that the applicants’ invention defines over the prior art of record.
Dependent claims 2 - 15 are allowable under 35 U.S.C. 103 for depending from claim 1, an allowable base claim under 35 U.S.C. 103.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRIC D JOHNSON whose telephone number is (571)270-7089. The examiner can normally be reached M-Th 4:30am - 2:00pm, F 4:30am - 11:30am.
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/Cedric Johnson/Primary Examiner, Art Unit 2186
December 13, 2025