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 .
Claim Status
Claims 1-10 are pending. Claims 1 and 8 are amended. Claims 3 and 10 are previously presented. Claims 2, 4-7, and 9 are original.
Response to Arguments
Applicant's arguments filed 1/26/2026 have been fully considered but they are not persuasive.
In response to arguments on page 7 of the remarks that “CHEN begins using a battery before any determination to stop using it is made”, it is submitted that Applicant has not provided support for this assertion, and it does not appear that CHEN explicitly discloses beginning to use the battery as argued. Furthermore, the claims do not explicitly recite when the battery begins to be used or provide power.
Applicant argues as follows on pages 7-8 of the remarks:
For example in this regard, Applicant had explained, in the second paragraph at page 10 of the response filed on October 3, 2025 that the Examiner broadly interprets the process carried out "[a]fter the vehicle unit is powered on" of paragraph [0045] Chen, as being an ongoing "start process" as recited in claim 1 of the present application. However, it is evident that a start process is no longer ongoing "[a]fter the vehicle unit is powered on." In other words, it is well understood, especially by those having ordinary skill in the subject art, that, once the vehicle is successfully powered on, any associated start process has already been completed.
In response, the claims do not exclude the interpretation taken in the rejection. It is maintained that since the “start process” is not specifically defined or described in the claims, the battery authentication process of CHEN, which occurs “after the vehicle unit is powered on”, can be considered part of the “start process”. It is noted that CHEN discloses the process occurs after the vehicle unit is powered on, and not after “the vehicle is successfully powered on” as argued by Applicant.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “this recitation of claim 1 requires the start process to be stopped before the invalid battery is utilized by the vehicle”, page 8 of the remarks; “the last two sentences of the first paragraph of page 11 of the specification clearly indicate the meaning of "start process" as compared to a time when the vehicle "starts and can be driven"”, page 9 of the remarks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s arguments on pages 9-12 of the remarks with respect to amended recitation “the ongoing start process is a process performed before the vehicle is made drivable” in claim(s) 1 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Newly found reference CHEN (CN102035009A; hereinafter referred to as CHEN ‘009) is relied upon to teach this recitation. It is respectfully submitted that CHEN as modified by YANG, UNAGAMI, and CHEN ‘009 teaches the management device of claim 1 and the management method of claim 8 as described in the rejection below.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “a "certificate authority" is an external device”, page 13 of the remarks; “Claim 3 identifies that the external device is the "vehicle" and that output information is "information for stopping the start process." Applicant respectfully submits that this means that an active "stop command" is provided…”, page 14 of the remarks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to arguments on pages 13-14 of the remarks that primary reference CHEN does not disclose “a certificate authority” as recited in dependent claim 2, it is first noted that claim 2 does not define or describe the “certificate authority”, allowing for a broad interpretation. It is submitted that CHEN implies a “certificate authority” which stores valid “public keys”, and the disclosure of “the server can know which public key to disable” (¶ 0056) reads on the recitation “the outputter outputs, as the information, revocation information for revoking a public key certificate of the battery device to a certificate authority”. It is maintained that CHEN discloses the recitation of claim 2 within the broadest reasonable interpretation.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (CN108808136A; cited on IDS; cited in previous office action) in view of YANG (CN110061849A; cited in previous office action; English machine translation was provided with previous office action), UNAGAMI (US Pub. No. 2014/0059350; cited on IDS; cited in previous office action), and CHEN (CN102035009A; hereinafter referred to as CHEN ‘009).
Regarding claim 1, CHEN discloses a management device that manages validity of a battery device used as a power source of a vehicle (abstract), the management device comprising:
the vehicle has received a start instruction (¶ 0045: the steps occur “after the vehicle unit is powered on”);
a manager that maintains management information by obtaining an identifier of the battery device (¶ 0044, 0049: the server obtains the battery public key);
a determiner that determines whether a same identifier is associated with a plurality of battery devices (¶ 0050, 0055); and
an outputter that outputs information for disabling authentication of the battery device when the determiner determines that the same identifier is associated with the plurality of battery devices, and causes an ongoing start process (the “ongoing start process” is not defined, allowing for a broad interpretation) of the vehicle (¶ 0045: the steps occur “after the vehicle unit is powered on”, and are implied as occurring during and/or being part of an “ongoing start process” of the vehicle within the broadest reasonable interpretation) to stop based on a failure of authentication in the authentication process performed between the vehicle and the battery device after the information is output (¶ 0049: battery is not allowed to be used, and “the next step will not be performed”; ¶ 0055-0056: the battery public key is disabled), wherein
the manager obtains the identifier provided in the start process of the vehicle (¶ 0045: the steps occur “after the vehicle unit is powered on”, and are implied as occurring during and/or being part of an “ongoing start process” of the vehicle within the broadest reasonable interpretation).
CHEN fails to disclose an authenticator that performs an authentication process with the vehicle.
YANG discloses an authenticator that performs an authentication process with the vehicle (¶ 0007: a vehicle-mounted device verification method….thereby improving the security of vehicle-mounted device authentication; ¶ 0062: it is determined that the in-vehicle device has been authenticated; ¶ 0130: verification end may be a server that verifies whether the vehicle corresponding to the on-board device has the charging authority).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the authenticator to perform an authentication process with the vehicle in order to prevent illegal vehicle charging and device tampering (YANG, 0004-0005).
CHEN fails to disclose the manager that maintains management information by obtaining the identifier of the battery device and an item of position information indicating a position of the battery device a plurality of times and, each time the identifier and the item of position information are obtained, recording the identifier obtained and the item of position information obtained in the management information in association with each other;
the determiner that determines whether the same identifier is associated with a plurality of items of position information different from each other at one point in time, with reference to the management information; and
an outputter that outputs information for disabling authentication of the battery device when the determiner determines that the same identifier is associated with the plurality of items of position information, wherein
the manager obtains the item of position information provided in the start process of the vehicle.
UNAGAMI discloses the manager that maintains management information by obtaining the identifier of the battery device and an item of position information indicating a position of the battery device a plurality of times and, each time the identifier and the item of position information are obtained, recording the identifier obtained and the item of position information obtained in the management information in association with each other (¶ 0157: times, positions, and identification information are recorded);
the determiner that determines whether the same identifier is associated with a plurality of items of position information different from each other at one point in time, with reference to the management information (¶ 0158); and
an outputter that outputs information for disabling authentication of the battery device when the determiner determines that the same identifier is associated with the plurality of items of position information (¶ 0160).
Including the item of position information as disclosed in UNAGAMI, along with the identifier of CHEN, which is provided in the start process of the vehicle, teaches the recitation the manager obtains the item of position information provided in the start process of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the item of position information, and the authentication process based on the item of position information as recited in order to provide enhanced security and fraud protection.
CHEN fails to disclose the ongoing start process is a process performed before the vehicle is made drivable.
CHEN ‘009 discloses the ongoing start process is a process performed before the vehicle is made drivable (¶ 0049: Please refer to Figure 1, which is a system block diagram of the anti-theft secondary battery device of the present invention. The anti-theft secondary battery device 1 includes several main components: battery unit 12, memory unit 14, control unit 16, and interface unit 18. The battery unit 12 can charge and discharge electricity, while the memory unit 14 is used to store power supply codes, general codes, control codes, etc. The control unit 16 is coupled to the interface unit 12 and the memory unit 14, and is connected to the power supply control module 2 of the vehicle. It receives the request code transmitted by the power supply control module 2. When the request code matches the power supply code, the control interface unit 18 enables the battery unit 12 to provide working power to the power supply control module 2 to supply the power for starting and driving the vehicle. Since the starting current of a vehicle is relatively large, limiting the current of the battery cell 12 can control the starting and driving of the vehicle and also prevent the use of illegal secondary batteries).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the ongoing start process is a process performed before the vehicle is made drivable in order to prevent a large supply of current from the battery or prevent the use of illegal batteries (CHEN ‘009, ¶ 0049).
Regarding claim 2, CHEN discloses the authentication process is a public key-based authentication process, and the outputter outputs, as the information, revocation information for revoking a public key certificate of the battery device to a certificate authority, and causes the start process of the vehicle to stop based on the failure of the authentication in the public key-based authentication process performed between the vehicle and the battery device using the revocation information which the vehicle obtains from the certificate authority after the revocation information is output to the certificate authority (¶ 0049, 0055-0056).
Regarding claim 3, CHEN discloses the outputter outputs, as the information, information for stopping the start process to the vehicle (¶ 0049, 0055-0056).
Regarding claim 4, CHEN as modified by YANG, UNAGAMI, and CHEN ‘009 teaches the management device as applied to claim 1 but fails to disclose the manager obtains the identifier and the item of position information provided when the battery device is connected to a charging device.
UNAGAMI further discloses the manager obtains the identifier and the item of position information provided when the battery device is connected to a charging device (¶ 0152-0154).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the manager obtaining the identifier and the item of position information provided when the battery device is connected to a charging device in order to provide enhanced security and fraud protection.
Regarding claim 5, CHEN as modified by YANG, UNAGAMI, and CHEN ‘009 teaches the manager obtains, as the item of position information, an item of position information obtained by a position sensor included in a terminal held by a person on the vehicle (the claim is drawn to a management device including a manager, and the “position sensor included in a terminal held by a person” is not part of the management device or the manager, therefore the recitation does not further limit the management device or the manager, as the manager only has to be capable of obtaining position information).
Regarding claim 6, CHEN as modified by YANG, UNAGAMI, and CHEN ‘009 teaches a management system comprising: the management device according to claim 1; and CHEN further discloses the vehicle that uses, as the power source, the battery device whose validity is managed by the management device (2, Fig. 1; ¶ 0006, 0045, 0049).
Regarding claim 7, CHEN discloses the battery device used as the power source of the vehicle (¶ 0006, 0045, 0049).
Regarding claim 8, CHEN discloses a management method of managing validity of a battery device (abstract) used as a power source of a vehicle (2, Fig. 1), the management method comprising:
the vehicle has received a start instruction (¶ 0045: the steps occur “after the vehicle unit is powered on”);
maintaining management information by obtaining an identifier of the battery device (¶ 0044, 0049: the server obtains the battery public key);
determining whether a same identifier is associated with a plurality of battery devices (¶ 0050, 0055); and
outputting information for disabling authentication of the battery device when it is determined in the determining that the same identifier is associated with the plurality of battery devices, and causing an ongoing start process of the vehicle (¶ 0045: the steps occur “after the vehicle unit is powered on”, and are implied as occurring during and/or being part of an “ongoing start process” of the vehicle within the broadest reasonable interpretation) to stop based on a failure of authentication in the authentication process performed between the vehicle and the battery device after the information is output (¶ 0049: battery is not allowed to be used, and “the next step will not be performed”; ¶ 0055-0056: the battery public key is disabled), wherein
the manager obtains the identifier provided in the start process of the vehicle (¶ 0045: the steps occur “after the vehicle unit is powered on”, and are implied as occurring during and/or being part of an “ongoing start process” of the vehicle within the broadest reasonable interpretation).
CHEN fails to disclose performing an authentication process with the vehicle.
YANG discloses performing an authentication process with the vehicle (¶ 0007: a vehicle-mounted device verification method….thereby improving the security of vehicle-mounted device authentication; ¶ 0062: it is determined that the in-vehicle device has been authenticated; ¶ 0130: verification end may be a server that verifies whether the vehicle corresponding to the on-board device has the charging authority).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include performing an authentication process with the vehicle in order to prevent illegal vehicle charging and device tampering (YANG, 0004-0005).
CHEN fails to disclose maintaining management information by obtaining the identifier of the battery device and an item of position information indicating a position of the battery device a plurality of times and, each time the identifier and the item of position information are obtained, recording the identifier obtained and the item of position information obtained in the management information in association with each other;
determining whether the same identifier is associated with a plurality of items of position information different from each other at one point in time, with reference to the management information; and
outputting information for disabling authentication of the battery device when it is determined in the determining that the same identifier is associated with the plurality of items of position information, wherein
the item of position information is provided in the start process of the vehicle.
UNAGAMI discloses maintaining management information by obtaining the identifier of the battery device and an item of position information indicating a position of the battery device a plurality of times and, each time the identifier and the item of position information are obtained, recording the identifier obtained and the item of position information obtained in the management information in association with each other (¶ 0157: times, positions, and identification information are recorded);
determining whether the same identifier is associated with a plurality of items of position information different from each other at one point in time, with reference to the management information (¶ 0158); and
outputting information for disabling authentication of the battery device when it is determined in the determining that the same identifier is associated with the plurality of items of position information (¶ 0160).
Including the item of position information as disclosed in UNAGAMI, along with the identifier of CHEN, which is provided in the start process of the vehicle, teaches the recitation the item of position information is provided in the start process of the vehicle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the item of position information, and the authentication process based on the item of position information as recited in order to provide enhanced security and fraud protection.
CHEN fails to disclose the ongoing start process is a process performed before the vehicle is made drivable.
CHEN ‘009 discloses the ongoing start process is a process performed before the vehicle is made drivable (¶ 0049: Please refer to Figure 1, which is a system block diagram of the anti-theft secondary battery device of the present invention. The anti-theft secondary battery device 1 includes several main components: battery unit 12, memory unit 14, control unit 16, and interface unit 18. The battery unit 12 can charge and discharge electricity, while the memory unit 14 is used to store power supply codes, general codes, control codes, etc. The control unit 16 is coupled to the interface unit 12 and the memory unit 14, and is connected to the power supply control module 2 of the vehicle. It receives the request code transmitted by the power supply control module 2. When the request code matches the power supply code, the control interface unit 18 enables the battery unit 12 to provide working power to the power supply control module 2 to supply the power for starting and driving the vehicle. Since the starting current of a vehicle is relatively large, limiting the current of the battery cell 12 can control the starting and driving of the vehicle and also prevent the use of illegal secondary batteries).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the ongoing start process is a process performed before the vehicle is made drivable in order to prevent a large supply of current from the battery or prevent the use of illegal batteries (CHEN ‘009, ¶ 0049).
Regarding claim 9, CHEN as modified by YANG, UNAGAMI, and CHEN ‘009 teaches the management method according to claim 8, but fails to discloses a non-transitory computer-readable recording medium having a program recorded thereon for causing a computer to execute the management method according to claim 8.
UNAGAMI further discloses a non-transitory computer-readable recording medium having a program recorded thereon (¶ 0213-0214) for causing a computer to execute the management method (¶ 0213-0214).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a non-transitory computer-readable recording medium having a program as recited in order to allows for the storage and execution of software instructions on a physical medium, making the software accessible to a computer.
Regarding claim 10, CHEN discloses the start process being a process performed by the vehicle that has received the start instruction and a process that makes the vehicle drivable, wherein as a result of stopping the start process of the vehicle, making the vehicle drivable is prohibited (¶ 0045, 0049, 0055-0056).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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/Manuel Hernandez/Examiner, Art Unit 2859 2/9/2026
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859