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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/07/2026 has been entered.
Response to Arguments/Amendment
Applicant argument and amendment filed on 01/07/2026 are considered. Claims 1, 10 and 11 are amended.
Claim Rejections under 35 U.S.C.101
Applicant argues “Claims 1-11 are rejected under 35 U.S.C. § 101 because the claimed invention is allegedly directed to non-statutory subject matter.
To expedite prosecution and without conceding the rejections, Applicant has amended claim 1, among others, to recite:
performing statistical processing on the operation data items, the
statistical processing including estimating, for each of the products, a
relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, and detecting, from among the
products, a product using a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree
of the relationship from a representative relationship between the state of
charge and the open circuit voltage
(Emphasis added. Independent claims 10 and 11 have been similarly
amended).
Applicant submits that independent claims are patent eligible for the following reasons.
Step 2A, Pron One
As amended, independent claims are directed to a concrete battery inspection technique, not to an abstract mathematical idea. The arithmetic system acquires, via a network, operation data items from actual products each including a battery while the products are being operated, each operation data item indicating at least a voltage and a state of charge of the battery. The processor then performs statistical processing that includes estimating, for each product, a relationship between a state of charge and an open circuit voltage (OCV) of the battery based on the operation data items, and detecting a product using a battery type that is different from a battery type in conformity with product specifications based on a deviation degree of that relationship from a representative SOC-OCV relationship. The system then notifies a user via the display that such a product has been detected. This processing exploits the physical SOC- OCV characteristics of batteries to identify products with nonconforming battery types without disassembly or special inspection hardware, and thus is directed to an improved battery inspection technique in a specific technological field, rather than to an abstract idea.
Examiner respectfully disagrees the argument because there is prior art Fabregas et al US 2011023112 A1 was found to be combinable with prior arts Mistui and Hara to arrive the present invention therefore an improved battery inspection technique cannot be realized. The recited limitations are considered known data gathering related to a battery and an analysis of the battery data using human mind and mathematical calculations. Please see claim rejection below. MPEP 2106.05 (a) II also suggests the courts have indicated may not be sufficient to show an improvement in existing technology include: Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48;
Step 2A, Pron Two
Even if certain portions of the statistical processing could be characterized as involving a mathematical concept (for example, calculating a deviation degree), the claim as a whole integrates any such concept into a practical application. The input data are specific physical measurements (voltage and state of charge of batteries mounted on products during operation), not generic numbers. The claimed estimation of a SOC-OCV relationship and comparison with a representative SOC-OCV relationship are meaningful only in the context of battery behavior and are used to determine whether the mounted battery type deviates from the specified type. The resulting detection is then used to notify a user managing real products so that products with unauthorized or incorrect batteries can be identified and addressed. Thus, any mathematical operations are applied as part of a specific technical process that improves the inspection and management of batteries in electrically driven products, and are not merely used to perform an abstract calculation on generic data.
Examiner respectfully disagrees, the above recited limitations are generic data gathering step, the statistically or mathematical processing of determining relationship between state of charge and open circuit voltage of a battery and mental step of detecting the vehicle is using an incorrect battery.
Courts have also identified such limitations with an insignificant extra-solution activity do not integrate a judicial exception into a practical application. For example, testing a system for a response, the response being used to determine system malfunction, In re Meyers, 688 F.2d 789, 794; 215 USPQ 193, 196-97 (CCPA 1982). Please refer to MPEP 2106.05 (g) (3).
Applicant argues “Sten 2B
For the same reasons, the additional elements of claim 1, viewed in combination, amount to significantly more than any alleged abstract idea. The claim does not simply recite data collection, mathematical processing, and display in the abstract. It recites a specific arrangement of physical components (products with batteries, an arithmetic system, a network, and a display) and a specific battery-oriented processing flow that reconstructs SOC-OCV characteristics from field data and detects nonconforming battery types based on deviations from a representative SOC-OCV relationship, and then provides a concrete inspection result to the user. This is a practical, technological improvement in battery inspection, not a generic implementation of an abstract idea on a computer.
Based on the foregoing, Applicant respectfully requests withdrawal of the rejections of independent claims under 35 U.S.C. § 101.”
Examiner respectfully disagrees the above argument because the prior art of records indicates the recited limitations are well known in the field of battery management and battery testing as discussed above. Therefore, an improvement in the battery management cannot be realized in view of the prior arts. Therefore, the independent claims 1, 10 and 11 are not patent eligible. The dependent claims are not patent eligible due to dependency on independent claim.
Rejection under 35 U.S.C 103:
Applicant argues “I. The proposed combination would fundamentally change the principle of operation of Mitsui (MPEP 2143.01(VI))
Mitsui's core teaching is to estimate state of charge (SOC) based on the open-circuit voltage (OCV) of the battery, as expressly described in paragraph [0055] of Mitsui. As a matter of ordinary technical knowledge, OCV can only be measured under no-load, equilibrium conditions. OCV cannot be physically measurable while a battery is supplying the current. In contrast, Hara concerns data obtained while the product is being operated.
Under the Examiner's proposal to apply Hara's "in-operation acquisition of driving data" to Mitsui, Mitsui's system would necessarily receive closed-circuit voltage (CCV) that includes load-induced voltage drop and polarization effects, rather than true OCV. In that situation, the fundamental SOC-OCV correlation on which Mitsui's algorithm would collapse, and Mitsui could no longer perform SOC estimation in the manner it teaches.
Thus, modifying Mitsui to operate on in-use, under-load statistical data would not be a mere routine design variation. It would require discarding Mitsui's reliance on static OCV measurement and replacing it with an entirely different estimation principle based on under-load voltages. This type of change in the basic principle of operation is beyond what a POSITA would regard as an obvious modification and therefore cannot support a prima facie case of obviousness.”
Examiner respectfully disagrees the applicant’s argument, for the limitations where Mitsui and Hara were applied. There is no specific recitation or requirement of open circuit voltage in the limitation where Mitsui and Hara were applied. The operation data items are voltage and state of charge of a battery used in a vehicle. Examiner found references Mitsui and Hara both teaching the limitations as recited. Mitsui teaches voltage (i.e., open circuit voltage) and Hara teaches obtaining operation data items while the vehicle is operated by using the battery. Therefore, references Mitsui and Hara are combinable as required or presented by the limitation. For these references to be not combinable, Examiner views the present claim limitations must clearly specify which voltage (for example short circuit voltage or open circuit voltage or no-load voltage) to be obtained as the operation data.
Applicant argues “II. The proposed modification would render Mitsui unsatisfactory for its intended purpose (MPEP 2143.01(V))
Mitsui's intended purpose is to place recovered battery modules in a controlled, static environment and perform high-accuracy measurements (including OCV and impedance) in order to carry out rigorous deterioration diagnostics. That high-accuracy diagnosis is what enables Mitsui to make reliable reuse/recycle decisions for the recovered modules.
By contrast, the "in-operation" data contemplated in claim 1 and in Hara are unavoidably contaminated by IR drop and transient polarization due to load currents. If such noisy, in-use field data were substituted for the carefully controlled OCV measurements that Mitsui requires, Mitsui would no longer be able to obtain accurate OCV values and would therefore fail to achieve its stated goal of precise deterioration evaluation.
Accordingly, the Examiner's proposed combination would remove the measurement conditions that Mitsui relies on to perform accurate diagnostics and would make Mitsui unable to carry out its stated purpose. Under MPEP 2143.01(V), there is no reason to expect that a POSITA would choose a modification that takes away the main benefit and intended function of the primary reference. The Office Action does not point to any disclosure or technical reasoning that would lead a skilled person to replace Mitsui's OCV-based offline measurements with noisy, under-load field data and accept the resulting loss of accuracy.”
Examiner respectfully disagree the applicant’s argument. Because, the limitations provide hints that the obtained operation data (i.e., voltage and SOC) of a battery are while the vehicle or product is being operated by the battery. The applicant argues the references being in static (offline) and dynamic or (in operation) state of vehicle by the battery. And the claim limitations do not distinguish between the vehicle being in static or dynamic state. Therefore, the references were proper for the claim limitations presented for examination.
Also, the claim limitations recite vehicle being operated by the battery. The new limitation teach the determine relationship between state of charge and open circuit voltage of a battery. It is unclear how an open circuit voltage is obtained while the vehicle is running or operated. This also contradicts the applicant’s argument of open circuit voltage is measured only in no load condition (see applicant’s argument in I).
Applicant argues “III. No rationales to combine
The Office Action asserts that, because Hara discloses transmitting operating information including battery-related information from vehicles while they are running to a server, it would have been obvious to modify Mitsui so that operating data are acquired via a network while the products are in operation.
However, the information transmitted in Hara is used for navigation and energy management purposes, and the Office Action does not explain how such data would actually be integrated into Mitsui's OCV-based SOC estimation framework. In particular, the Office Action does not identify any teaching in Hara that suggests replacing Mitsui's controlled, no-load measurement environment with in-use, under-load operating data, nor does it articulate why a person of ordinary skill would find it desirable to do so. A generic observation that "sending vehicle data to a server is known" is, by itself, insufficient to provide the specific, reasoned motivation needed to reconstruct Mitsui into a fundamentally different, network-based in-use evaluation system.
Based on the foregoing, the applied combination of the cited references, alone or in combination, fails to disclose or suggest each and every feature of amended independent claims 1 and 10-11, which are believed to be in condition for allowance. The dependent claims depend from their respective base claims and add further limitations thereto. Reconsideration and withdrawal of the rejections under 35 U.S.C. § 103 are therefore respectfully requested.”
Examiner respectfully disagrees, as discussed above the examiner intention was to address the claim limitations as presented for examination. There was no any specific voltage (i.e., open circuit voltage) recited in the claim limitations where the above references were applied for. Therefore, the applied references above properly provide all the meaning of those limitations where the references were applied for and are reasonably combinable.
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.
Regarding independent claim 1, 10 and 11, the claims recite
“each of the products being assumed to equip with…”, The word “assumed” can be unclear. Please remove the word.
Regarding independent claim 1, 10 and 11, the claims recite
“operation data are acquired while each of the products is being operated by the battery…”,
“the operation data items including at least voltage and a state of charge of battery…” and “the statistical processing including estimating for each of the products, relationship between a state of charge and an open circuit voltage of the battery based on the operation data items…”
And the applicant in remarks page 10 and 11. Claim rejection under 35 U.S.C 103 I. argues “OCV can only be measured under no-load, equilibrium conditions, OCV cannot be physically measurable while a battery is supplying the current”
Reviewing the claims and the applicant argument, it is unclear whether the open circuit voltage (or voltage) and SOC is determined when the vehicle is turned off or on (i.e., the battery is supplying current). For the purpose of clarity, applicant is suggested to further amend the independent claims to clearly recite the battery is not providing any current and then the open circuit voltage and SOC are measured.
Claim 11 recites “processing of statistically processing on the operation data items” it is unclear what is processing of statistically processing on the operation data. Applicant is suggested to remove the highlighted unclear term.
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 1-11 are rejected under 35 U.S.C 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, natural phenomenon, or an abstract idea) without significantly more.
Specifically, claim 1 recites:
An arithmetic system comprising:
one or more memories;
a display; and
at least one processor each coupled to at least one of the one or more memories and configured to perform operations comprising:
acquiring operation data items from products each including a battery, each of the products being assumed to equip with a specific type of battery according to a product specification, via a network, wherein the operation data items are acquired while each of the products is being operated by the battery mounted on each of the products, the operation data items each indicating at least a voltage and a state of charge of a battery used in a corresponding one of the products,
performing statistical processing on the operation data items, the statistical processing including estimating, for each of the products, a relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, and detecting, from among the products, a product using a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree of the relationship from a representative relationship between the state of charge and the open circuit voltage, and
notifying, via the display, to a user of the arithmetic system that the product using the battery type that is different from the battery type in conformity with specifications of the product type, in response to detecting that the product using the battery type that is different from the battery type in conformity with specifications of the product type
The claim limitations in the abstract idea have been highlighted in bold above.
Under the step 1 of the eligibility analysis, it is determined whether the claims are drawn to a statutory category by considering whether the claimed subject matter fall within the four statutory categories of patentable subject matter identified by 35 U.S.C 101: process, machine, manufacture, or composition of matter. The above claim is considered to be in the statutory category of (machine).
Under the step 2A, prong one, it is considered whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject Matter Eligibility Guidance, it falls into groupings of subject matter when recited as such in a claim limitation, that cover mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations) and mental process – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
For example, a step of performing statistical processing on the operation data items, the statistical processing including estimating, for each of the products, a relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, (is considered to be a mathematical step), and detecting, from among the products, a product using a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree of the relationship from a representative relationship between the state of charge and the open circuit voltage, (is considered to be a mental step), and
in response to detecting that the product using the battery type that is different from the battery type in conformity with specifications of the product type (is considered to be a mental step)
These mental and mathematical steps represent that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claim element precludes the step from practically being performed in the mind.
Similar limitations comprise the abstract ideas of the independent claims 10 and 11.
Next, under the step 2A, prong two, it is considered whether the claim that recites a judicial exception is integrated into a practical application.
In this step, it is evaluated whether the claim recites meaningful additional elements that integrate the exception into a practical application of that exception.
In claim 1, the additional elements/steps are: memory, display, processor. These additional elements/steps (hardware) are recited in generality and represent extra solution activity to the judicial exception. The additional element in the preamble of “An Arithmetic system” is not qualified for a meaningful limitation because it only generally links the use of the judicial exception to a particular technological environment or field of use. The additional elements/steps “acquiring operational data…” and “notifying via display…” are also recited in generality which seem to merely be gathering data and displaying result, not really performing any kind of inventive step to provide any meaningful additional element. Also, it represents an extra-solution activity to the judicial exception. All uses of judicial exception require it.
In claim 10, the additional elements/steps recite the similar additional elements/steps as of claim 1. The additional element in the preamble of “A battery inspection method…” is not qualified for a meaningful limitation because it only generally links the use of the judicial exception to a particular technological environment or field of use. The additional elements/steps “acquiring operation data…” and “outputting the product…” are also recited in generality which seem to merely be gathering data, displaying result and not really performing any kind of inventive step to provide any meaningful additional element. Also, it represents an extra-solution activity to the judicial exception. All uses of judicial exception require it.
In claim 11, the additional elements/steps recite the similar additional elements/steps as of claim 1. The additional element in the preamble of “A battery inspection method…” is not qualified for a meaningful limitation because it only generally links the use of the judicial exception to a particular technological environment or field of use. The additional elements/steps “processing of acquiring operation data…” and “outputting the product…” are also recited in generality which seem to merely be gathering data, displaying result and not really performing any kind of inventive step to provide any meaningful additional element. Also, it represents an extra-solution activity to the judicial exception. All uses of judicial exception require it.
In conclusion, the above additional elements, considered individually and in combination with the other claim elements do not reflect an improvement to other technology or technical field, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claims are directed to a judicial exception and require further analysis under the step 2B.
However, as evidenced by the prior art of record, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (step 2B analysis).
Considering the claim as a whole, one of ordinary skill in the art would not know the practical application of the present invention since the claims do not apply or use the judicial exception in some meaningful way.
The independent claims, therefore, are not patent eligible.
With regards to the dependent claims, the claims 2-9 comprise the analogous subject matter and also comprise additional features/steps which are the part of an expanded abstract idea of the independent claim 1, 10 and 11 (additionally comprising mathematical relationship/mental process steps) and, therefore, the dependent claims are not eligible without additional elements that reflect a practical application and qualified for significantly more for substantially similar reason as discussed with regards to claim 1, 10 and 11.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mitsui et al (US 20200209319 A1) herein after “Mitsui” in view of in view of Hara (US 20120109409 A1) and Fabregas et al (US20190131809 A1) herein after Fabregas.
Regarding claim 1 Mitsui teaches an arithmetic system (Fig. 2 Battery performance Evaluation system 1) comprising:
one or more memories (Fig. 2 memory storage device 20);
a display (Fig. 2 a display device 40.); and
at least one processor each coupled to at least one of the one or more memories (para 0055] The battery performance evaluation device 30 includes a controller (for example, a CPU), a memory,)
and configured to perform operations comprising:
operation data items each indicating at least a voltage and a state of charge of a battery used in a corresponding one of the products (para [0047] The measurement device 10 measures the OCV of the module M, and outputs the measurement result to the battery performance evaluation device 30.
Para [0055] Although the details will be described later, the battery performance evaluation unit 31 estimates whether or not the SOC of the module M is 0% based on, for example, the OCV value of the module M that has been measured by the measurement device 10), and
Herein the operation data (i.e., open circuit voltage (OCV) and state of charge (SOC) are viewed as the operation data items of battery in vehicles (i.e., the products).
Mitsui does not clearly teach acquiring operation data items from products each including a battery, each of the products being assumed to equip with a specific type of battery according to a product specification, via a network, wherein the operation data items are acquired while each of the products is being operated by the battery mounted on each of the products,
performing statistical processing on the operation data items acquired by the data items, the statistical processing including estimating, for each of the products, a relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, and detecting, from among the products, a product using a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree of the relationship from a representative relationship between the state of charge and the open circuit voltage, and
notifying, via the display, to a user of the arithmetic system that the product using the battery type that is different from the battery type in conformity with specifications of the product type, in response to detecting that the product using the battery type that is different from the battery type in conformity with specifications of the product type
Hara teaches acquiring operation data items from products each including a battery, each of the products being assumed to equip with a specific type of battery according to a product specification, via a network, wherein the operation data items are acquired while each of the products is being operated by the battery mounted on each of the products (para [0040] A vehicle 10 is assumed to be a vehicle with a battery capable of being charged and discharged. The vehicle 10 is driven by using power from the battery installed on the vehicle 10.
Para [0048] The diagnostic unit 204 may alternatively acquire diagnostic data through a controller area network (CAN). Examples of the diagnostic data include the remaining capacity of the battery 280, a travel distance, a vehicle type information, and a vehicle identification number.
para [0054] The data acquired by the communication part 108 including the current location and the destination of the vehicle 10, a relay point, the remaining capacity of the battery 280, and the travel distance, route, power consumption rate, and the amount of available power to be supplied or the amount of power shortage of the vehicle 10 is supplied to the information acquiring part 100. This allows the information acquiring part 100 to acquire the current location and the destination of a vehicle 10, and the remaining capacity of the battery 280 of the vehicle 10 from each of the plurality of vehicles 10.),
From above paragraphs and In Fig. 1 examiner views vehicles 10a-d. communication part 108 acquires information of the vehicles or products operation data items (i.e., charge capacity, power available to supply) from each including a battery, each of the products being assumed to equip with a specific type of battery (i.e., is able to charge/discharge) according to a product specification (i.e., vehicle type and identification), via a network (i.e., network 30, 40, see fig. 2), wherein the operation data items are acquired while each of the products is being operated by the battery mounted on each of the products (i.e., The vehicle 10 is driven by using power from the battery installed on the vehicle 10.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Hara into Mitsui for the purpose of acquiring operation data items from vehicles each including a battery, each of the vehicle being assumed to equip with a specific type of battery according to a vehicle specification, via a network, so that the vehicle with battery information can be communicated.
The combination of Mitsui and Hara does not clearly teach performing statistical processing on the operation data items acquired by the data items the statistical processing including estimating, for each of the products, a relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, and detecting, from among the products, a product using a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree of the relationship from a representative relationship between the state of charge and the open circuit voltage, and
notifying, via the display, to a user of the arithmetic system that the product using the battery type that is different from the battery type in conformity with specifications of the product type, in response to detecting that the product using the battery type that is different from the battery type in conformity with specifications of the product type
Fabregas teaches performing statistical processing on the operation data items acquired by the data items the statistical processing including estimating, for each of the products, a relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, and detecting, from among the products, a product using a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree of the relationship from a representative relationship between the state of charge and the open circuit voltage, (Abstract: A method and system is disclosed for determining the kind of a battery in an automotive vehicle. Para [008]
Para [0021] The controller 12 may determine other parameters of the battery 28, such as: the CCA level, a state of charge (SOC), a state of health (SOH), state of function (SOF), an open circuit voltage, a Peukert exponent, a discharge slope, and a charge acceptance of the battery 28. The controller 12 may determine one or more of these parameters through an iterative process. The iterative process uses previously determined parameters of the battery 28 to determine additional battery parameters. For example, the open circuit voltage may be determined at different times to determine the discharge slope of the battery 28. In addition, the previously determined parameters of the battery 28 may be used to improve an estimation one or more of the additional battery parameters.
Para [0026] The open circuit voltage of the battery 28 at full charge is the voltage level across the battery 28 when the battery 28 is sufficiently or fully charged at a maximum level (e.g., SOC=99%).
[0028] The discharge slope of the battery 28 indicates variation of the voltage across the battery 28 as a function of the charge in the battery 28.
Para [0053] The controller 12 may obtain the set of known battery parameters from memory 18 based on the known kind of battery selected in block 80. For example, the set of known battery parameters may include the CCA level, the SOC, the SOH, the SOF, the open circuit voltage, the Peukert exponent, the discharge slope, and the charge acceptance for one or more battery states of the known kind of battery (e.g., an idle state, an cranking state, a high-current discharge state, a low-current discharge state, and a charging state)
[0066] At block 108, the kind of the battery 28 is determined to be unspecified.
In fig. 1, 2 and above paragraph examiner views controller (i.e., arithmetic system) determines for each of the product (i.e., vehicle), a relationship between a state of charge and an open circuit voltage of the battery based on the operation data items, and detecting a vehicle using a battery type that is different or unspecified from a battery type in conformity with specifications of the product type based on a slope (i.e., deviation degree) of the relationship from a representative relationship between the state of charge and the open circuit voltage of the battery. Under broadest Reason of Interpretation (BRI) examiner views the Unspecified battery type as a battery type being out of specification or is different from a battery type in conformity with specifications for a product, vehicle. Examiner views Fabrega’s method or system can be used for multiple vehicles to determine if any vehicles are using unspecified or unauthorized battery among the multiple vehicles.
, and
notifying, via the display, to a user of the arithmetic system that the product using the battery type that is different from the battery type in conformity with specifications of the product type, in response to detecting that the product using the battery type that is different from the battery type in conformity with specifications of the product type
[067] In addition, the controller 12 may generate an alert signal indicating that the kind of the battery 28 is unspecified. The alert signal may indicate that the battery 28 needs maintenance or service. Also, the alert signal may indicate that the system 10 needs to be updated with new kinds of batteries and/or new associated battery parameters.
Examiner views for notifying user with alert signal (i.e., under BRI with computer screen, monitor display, LED, LCD, dashboard), to a user of the arithmetic system (i.e. vehicle controller) that the product/vehicle is using the battery type that is different from the battery type in conformity with specifications of the vehicle type
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Fabregas into Mitsui for the purpose of notifying, to a user of the arithmetic system (i.e. vehicle controller) that the product/vehicle is using the battery type that is different from the battery type in conformity with specifications of the vehicle type or model so that the vehicle user may take appropriate action related to the battery of the vehicle.
Claim(s) 2-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mitsui, Hara and Fabregas in view of Takegami et al. (US 20200033416 A1) herein after “Takegami” and Mizuno et al. (US 20060181245 A1) herein after “Mizuno”.
Regarding claim 2, the combination of Mitsui, Hara and Fabregas teach the arithmetic system according to Claim 1, the combination does not clearly teach wherein the operations further comprise:
acquiring, from the corresponding one of the products, operation data items at least including a voltage, a current, and a state of charge at a plurality of times measured on the corresponding one of the products, and
extracting, as sample data, a set of state of charge and voltage in a period in which the battery is regarded to be in a resting state, the set being specified based on the current, from a set of state of charge and voltage at a plurality of times included in each of the operation data items, and
state of charge-open circuit voltage characteristics of a plurality of batteries each used in the products based on extracted sample data.
Takegami teaches acquiring, from the corresponding one of the products, operation data items at least including a voltage, a current, and a state of charge at a plurality of times measured on the corresponding one of the products (para [0079] It is to be noted that a series of operational treatments of Step S102 to Step S106, which are shown in FIG. 4, exhibit one period of operational treatments in the rechargeable battery state estimation device 100, and these operational treatments are repeated, every sampling period ts.)
In Fig. 4 it can be views the operational data (current, voltage and SOC) of a battery at a plurality of times are acquired or measured on the corresponding one of the products or electric vehicle,
extracting, as sample data, a set of state of charge and voltage in a period in which the battery is regarded to be in a resting state, the set being specified based on the current, from a set of state of charge and voltage at a plurality of times included in each of the operation data items ([0039] The OCV estimation method, which is mentioned above, is a publicly known technology for estimating a SOC, in which an OCV is estimated based on a current, a voltage, and a battery model, and a corresponding relation between the OCV and the SOC of a battery is used.
para [0079] It is to be noted that a series of operational treatments of Step S102 to Step S106, which are shown in FIG. 4, exhibit one period of operational treatments in the rechargeable battery state estimation device 100, and these operational treatments are repeated, every sampling period ts.),
In Fig. 4 as the measurements are repeated for plurality of times a set of operational data (that include current, voltage or OCV, SOC) are sampled over every sampling period. The set data (OCV and SOC) are being measured or specified based on the current. The open circuit estimation is regarded as the battery being at its rest state,
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Takegami into Mitsui for the purpose of extracting operational data from a battery of a vehicle at resting time and sampling the data so that the battery inspection can be performance with an increased accuracy.
The combination of Mitsui and Takegami does not clearly teach state of charge-open circuit voltage characteristics of a plurality of batteries each used in the products based on extracted sample data
Mizuno teaches state of charge-open circuit voltage characteristics of a plurality of batteries each used in the products based on extracted sample data ([0125] Fig. 3 shows a two-dimensional map on which pairs of data of voltage V and current I of the battery 1, which are sampled at intervals and memorized in the buffer 8, are mapped two-dimensionally. In this map, a predetermined area is predetermined for use in determining the fully charged state.
Fig. 73 is a graph explaining full charge capacities of batteries used for comparative tests; Fig. 74 Is a graph showing a correlation between an open-circuit voltage and an SOC of each battery.
Fig. 61. para [0275] Moreover, a group of further nine batteries, one of which was brand new, were subjected to testing a correlation between their ratios of Vo/Vof and their SOCs. The tested results are indicated in FIG. 61, which reveals a correlation of 0.86. In addition, another group of further nine batteries, one of which was brand new, were also subjected to testing a correlation between their full-charge power ratios of (VoVo/R)/(VofVof/Rf) and their SOCs.)
Examiner views the sampled data (i.e., voltage, OCV, current, SOH) are utilized to estimate SOC-OCV relationship (i.e., characteristics) of each multiple batteries in a vehicle or vehicles as shown in Fig 61 and 74.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Mizuno into Mitsui for the purpose of accurately estimating a state of charge-open circuit voltage relationship of plurality of batteries each used in the products based on the extracted sample operational data.
Regarding claim 3, the combination of Mitsui, Hara, Fabregas, Takegami and Mizuno teach the arithmetic system according to Claim 2, Mitsui teaches wherein operations further comprise: detecting, from among the products, the product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree from a representative value of state of charge-open circuit voltage characteristics of the plurality of batteries (para [0003] The degree of deterioration in secondary batteries is different from one battery to another. For this reason, it is desirable that the performance of each of the collected secondary batteries should be evaluated, and according to the results of the evaluation, the policy on how to reuse each of the secondary batteries should be determined.
Para [0006] In one embodiment, a battery performance evaluation device disclosed herein is configured or programmed to execute: an alternating current impedance acquiring process of acquiring a measurement result of an alternating current impedance of a target secondary battery… a state of charge (SOC) estimating process of estimating an SOC of the target secondary battery to be 0%, if an imaginary component of the measurement result of the acquired alternating current impedance at a predetermined frequency within the specific frequency range is greater than or equal to a first threshold value and the acquired OCV value is less than or equal to a second threshold value. ).
Herein examiner views a target secondary battery (i.e., battery type) is distinguished from the batteries (i.e., from a battery type in conformity with specifications of the product type ) based on the difference value of imaginary component of the alternating current impedance at a predetermined frequency within the specific frequency range is greater than or equal to a first threshold value and the acquired OCV value is less than or equal to a second threshold value (i.e., deviation degree from a representative value of SOC-OCV relationship or characteristics).
Regarding claim 4, the combination of Mitsui, Hara, Fabregas, Takegami and Mizuno teach the arithmetic system according to Claim 2, Mitsui teaches the operations further comprise: detecting, from among the products, the product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type based on a deviation degree from a value recorded in advance as state of charge-open circuit voltage characteristics of specifications of the products (para [0003] The degree of deterioration in secondary batteries is different from one battery to another. For this reason, it is desirable that the performance of each of the collected secondary batteries should be evaluated, and according to the results of the evaluation, the policy on how to reuse each of the secondary batteries should be determined.
Para [0006] In one embodiment, a battery performance evaluation device disclosed herein is configured or programmed to execute: an alternating current impedance acquiring process of acquiring a measurement result of an alternating current impedance of a target secondary battery… a state of charge (SOC) estimating process of estimating an SOC of the target secondary battery to be 0%, if an imaginary component of the measurement result of the acquired alternating current impedance at a predetermined frequency within the specific frequency range is greater than or equal to a first threshold value and the acquired OCV value is less than or equal to a second threshold value. ).
Herein examiner views a target secondary battery (i.e., battery type) is distinguished from the batteries (i.e., from a battery type in conformity with specifications of the product type ) based on the difference value of imaginary component of the alternating current impedance at a predetermined frequency within the specific frequency range is greater than or equal to a first threshold value and the acquired OCV value is less than or equal to a second threshold value (i.e., deviation degree from a representative value of SOC-OCV relationship or characteristics). The threshold value is viewed as a value recorded in advance as state of charge-open circuit voltage characteristics of specifications of the battery or product.
Regarding claim 5, the combination of Mitsui, Hara, Fabregas, Takegami and Mizuno teach The arithmetic system according to Claim 2, Mitsui teaches wherein the operations further comprise detecting, from among the products, the product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type, using data in a predetermined state of charge range in state of charge-open circuit voltage characteristics of the plurality of batteries (para [0007] The inventors of the present application have discovered that at least one of the value of the imaginary component of the alternating current impedance at a predetermined frequency and the value of the OCV is likely to be different between a secondary battery having an SOC of 0% and a secondary battery having an SOC of greater than 0%. More specifically, the inventors have found from experimental results that, unlike the secondary battery having an SOC of greater than 0%, the secondary battery having an SOC of 0% is likely to show an imaginary component of the alternating current impedance at the predetermined frequency that is greater than or equal to the first threshold value and an OCV value that is less than or equal to the second threshold value.).
Herein examiner views a product (i.e., a vehicle) using a battery of a battery type is distinguished that is different from a battery type in conformity with specifications of the product type, using data in a predetermined state of charge range (i.e., having an SOC of 0%) in state of charge-open circuit voltage characteristics of the plurality of batteries.
Regarding claim 6, the combination of Mitsui, Hara and Fabregas teach the arithmetic system according to Claim 1,
Mitsui teaches wherein the operations further comprise acquiring, from the corresponding one of the products, operation data items at least including a voltage, a current, and a state of charge at least at one time measured the corresponding one of the products (Fig. 2 measurement device acquires operation data items (i.e., voltage, current) from the product type (i.e., electric vehicle) with module M (i.e, product or battery),
detecting, from among the products, a product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type based on the relationship between the state of charge of the specific value of at least one point and the open circuit voltage, of the plurality of batteries (para [0003] The degree of deterioration in secondary batteries is different from one battery to another. For this reason, it is desirable that the performance of each of the collected secondary batteries should be evaluated, and according to the results of the evaluation, the policy on how to reuse each of the secondary batteries should be determined.
Para [0006] In one embodiment, a battery performance evaluation device disclosed herein is configured or programmed to execute: an alternating current impedance acquiring process of acquiring a measurement result of an alternating current impedance of a target secondary battery… a state of charge (SOC) estimating process of estimating an SOC of the target secondary battery to be 0%, if an imaginary component of the measurement result of the acquired alternating current impedance at a predetermined frequency within the specific frequency range is greater than or equal to a first threshold value and the acquired OCV value is less than or equal to a second threshold value. ).
Herein examiner views a target secondary battery (i.e., battery type) is distinguished from the batteries (i.e., from a battery type in conformity with specifications of the product type ) based on the difference value of imaginary component of the alternating current impedance at a predetermined frequency within the specific frequency range is greater than or equal to a first threshold value and the acquired OCV value is less than or equal to a second threshold value (i.e., deviation degree from a representative value of SOC-OCV relationship or characteristics).
However, Mitsui does not clearly teach extracting, as sample data, a set of state of charge and voltage in a period in which the battery is regarded to be in a resting state, the set being specified based on the current, from at least one set of state of charge and voltage included in each of the operation data items, and
Specifying, based on the sample data extracted, a relationship between a state of charge of a specific value at least at one point and an open circuit voltage, of a plurality of batteries each used in the products.
Takegami teaches extracting, as sample data, a set of state of charge and voltage in a period in which the battery is regarded to be in a resting state, the set being specified based on the current, from at least one set of state of charge and voltage included in each of the operation data items ([0039] The OCV estimation method, which is mentioned above, is a publicly known technology for estimating a SOC, in which an OCV is estimated based on a current, a voltage, and a battery model, and a corresponding relation between the OCV and the SOC of a battery is used.
para [0079] It is to be noted that a series of operational treatments of Step S102 to Step S106, which are shown in FIG. 4, exhibit one period of operational treatments in the rechargeable battery state estimation device 100, and these operational treatments are repeated, every sampling period ts.),
In Fig. 4 as the measurements are repeated for plurality of times a set of operational data (that include current, voltage or OCV, SOC) are sampled over every sampling period. The set data (OCV and SOC) are being measured or specified based on the current. The open circuit estimation is regarded as the battery being at its rest state.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Takegami into Mitsui for the purpose of extracting operational data from a battery of a vehicle at resting time and sampling the data so that the battery inspection can be performance with an increased accuracy.
Mizuno teaches specifying, based on the sample data extracted, a relationship between a state of charge of a specific value at least at one point and an open circuit voltage, of a plurality of batteries each used in the products ([0125] Fig. 3 shows a two-dimensional map on which pairs of data of voltage V and current I of the battery 1, which are sampled at intervals and memorized in the buffer 8, are mapped two-dimensionally. In this map, a predetermined area is predetermined for use in determining the fully charged state.
Fig. 73 is a graph explaining full charge capacities of batteries used for comparative tests; Fig. 74 Is a graph showing a correlation between an open-circuit voltage and an SOC of each battery)
Examiner views the sampled data (i.e., voltage, current) are utilized to estimate SOC-OCV relationship (i.e., characteristics) of each battery at points.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Mizuno into Mitsui for the purpose of accurately estimating a state of charge-open circuit voltage relationship of plurality of batteries each used in the products based on the extracted sample operational data.
Claim(s) 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mitsui, Hara, Fabregas, Takegami and Mizuno in view of Lim et al. (US20190195956A1) here after “Lim”.
Regarding claim 7, the combination of Mitsui, Hara, Fabregas, Takegami and Mizuno teach the arithmetic system according to Claim 6, wherein the oprations further comprise, Mitsui teaches detecting, from among the products, a product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type, based on a deviation degree of a distance between each of representative values of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of the plurality of batteries and each value of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of each of the plurality of batteries, and (para [0064] In addition, as illustrated in FIG. 6, when the SOC of the module M is greater than 0%, almost all the OCV values are greater than a second threshold value (7.4 V in the example shown in FIG. 6). On the other hand, when the SOC of the module M is 0%, many of the OCV values are less than or equal to the second threshold value. From the above-described results, it will be appreciated that whether or not the SOC of a module M is 0% can be estimated by comparing the OCV value of the module M with the second threshold value.
[0068] With reference to FIGS. 7 and 8, two-group classification for modules M will be described. The two-group classification refers to classifying a module M into which one of a first group, in which the battery capacity (the fully charged capacity in the present embodiment) is within a reference range, and a second group, in which the battery capacity is outside the reference range.
[0072] As an example, a Mahalanobis-Taguchi method (MT method) is employed as the technique of two-group classification in the present embodiment. In this case, the Mahalanobis distance between the plot point indicating the two feature values of the target module and the plot point group representing the first group is calculated.),
Herein examiner views Mahalanobis method is used to determine a deviation degree of a distance between each of representative values of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of the plurality of batteries and each value of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of each of the plurality of batteries. The present invention also uses the Mahalanobis method.
The combination does not clearly teach a separation degree of an angle between a line connecting the representative values of the plurality of points and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage of each of the plurality of batteries
Lim teaches a separation degree of an angle between a line connecting the representative values of the plurality of points and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage of each of the plurality of batteries ([0029] FIG. 3 is a graph illustrating a slope of a relationship between a state of charge (SOC) and an open circuit voltage (OCV) of the example of FIG. 2.
[0106] While charging at least one battery cell included in the plurality of battery modules 731, 732 and 733, the battery monitoring apparatus 740 obtains a relationship between an SOC and an OCV of the battery cell being charged. As described above with respect to FIGS. 1-6, the OCV is measured within a diagnosis section).
Herein slope is viewed to represent a separation degree of angle between a line connecting the representative values of the plurality of points and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage of each of the plurality of batteries.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Lim into Mitsui for the purpose of accurately estimating a state of charge-open circuit voltage relationship of plurality of batteries each used in the products using a slope or angle information between a line connecting the representative values of the plurality of points and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage.
Regarding claim 8, the combination of Mitsui, Hara, Fabregas, Takegami and Mizuno teach the arithmetic system according to Claim 6, wherein the operations further comprise
Mitsui teaches detecting from among the products, the product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type, based on a deviation degree of a distance between each value of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of specifications of the product and each value of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of each of the plurality of batteries (para [0064] In addition, as illustrated in FIG. 6, when the SOC of the module M is greater than 0%, almost all the OCV values are greater than a second threshold value (7.4 V in the example shown in FIG. 6). On the other hand, when the SOC of the module M is 0%, many of the OCV values are less than or equal to the second threshold value. From the above-described results, it will be appreciated that whether or not the SOC of a module M is 0% can be estimated by comparing the OCV value of the module M with the second threshold value.
[0072] As an example, a Mahalanobis-Taguchi method (MT method) is employed as the technique of two-group classification in the present embodiment. In this case, the Mahalanobis distance between the plot point indicating the two feature values of the target module and the plot point group representing the first group is calculated.)
Herein examiner views Mahalanobis method is used to determine a deviation degree of a distance between each of representative values of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of the plurality of batteries and each value of a plurality of points indicating a relationship between a state of charge and an open circuit voltage of each of the plurality of batteries. The present invention also uses the Mahalanobis method.
The combination does not clearly teach a separation degree of an angle between a line connecting each value of the plurality of points indicating the relationship between the state of charge and the open circuit voltage of specifications of the product and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage of each of the plurality of batteries.
Lim teaches a separation degree of an angle between a line connecting each value of the plurality of points indicating the relationship between the state of charge and the open circuit voltage of specifications of the product and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage of each of the plurality of batteries ([0029] FIG. 3 is a graph illustrating a slope of a relationship between a state of charge (SOC) and an open circuit voltage (OCV) of the example of FIG. 2.
[0106] While charging at least one battery cell included in the plurality of battery modules 731, 732 and 733, the battery monitoring apparatus 740 obtains a relationship between an SOC and an OCV of the battery cell being charged. As described above with respect to FIGS. 1-6, the OCV is measured within a diagnosis section).
Herein slope is viewed to represent a separation degree of angle between a line connecting the representative values of the plurality of points and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage of each of the plurality of batteries.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Lim into Mitsui for the purpose of accurately estimating a state of charge-open circuit voltage relationship of plurality of batteries each used in the products using a slope or angle information between a line connecting the representative values of the plurality of points and a line connecting the plurality of points indicating the relationship between the state of charge and the open circuit voltage.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Mitsui, Hara and Fabregas, in view of Mizuno and JP 2010521948 A.
Regarding claim 9, the combination of Mitsui, Hara, Fabregas teach the arithmetic system according to Claim 1, Mitsui teaches wherein the operation further comprises acquiring, from the corresponding one of the products, operation data items at least including a voltage, a current, and a state of charge at least at one time measured on the corresponding one of the products (Mitsui- para [0047] The measurement device 10 measures the OCV of the module M, and outputs the measurement result to the battery performance evaluation device 30.
Para [0055] Although the details will be described later, the battery performance evaluation unit 31 estimates whether or not the SOC of the module M is 0% based on, for example, the OCV value of the module M that has been measured by the measurement device 10), and
Herein the operation data (i.e., open circuit voltage (OCV) and state of charge (SOC) are viewed as the operation data items of battery (i.e., the products),
The combination does not clearly teach specifying, based on the operation data items, a relationship between a state of charge of a specific value at least at one point and an internal resistance, of a plurality of batteries each used in the products,
detecting, from among the products, a product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type based on the relationship between the state of charge of the specific value of at least one point and the internal resistance, of the plurality of batteries.
Mizuno teaches specifying, based on the operation data items, a relationship between a state of charge of a specific value at least at one point and an internal resistance, of a plurality of batteries each used in the products ([0093] FIG. 75 is a graph showing a correlation between an internal resistance and an SOC of each battery), and
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Mizuno into Mitsui for the purpose of accurately estimating a state of charge-internal resistance relationship of plurality of batteries each used in the products based on the operational data.
The combination of Mitsui, Hara, Fabregas and Mizuno do not clearly teach detecting, from among the products, a product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type based on the relationship between the state of charge of the specific value of at least one point and the internal resistance, of the plurality of batteries
JP 2010521948 A teaches detecting, from among the products, a product using a battery of a battery type that is different from a battery type in conformity with specifications of the product type based on the relationship between the state of charge of the specific value of at least one point and the internal resistance, of the plurality of batteries (Page 3, line 30- page 4 line 1. For example, batteries based on lithium iron phosphate electrochemical cells generally exhibit low internal charging resistance during charging operations. The charging resistance increases during the charging process, but generally increases as the state of charge increases. Therefore, the internal resistance and charging speed of the battery can indicate the state of charge of the battery. Other types of batteries are generally characterized by different charging resistances. Therefore, the battery type can be confirmed by determining the charging resistance of the battery to be charged, and an appropriate charging current is supplied to the battery type.).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated JP 2010521948 A into Mitsui for the purpose of estimating a state of charge-internal resistance relationship of plurality of batteries each used in the products based on the operational data so that a battery type that is different from a battery type in conformity with specifications can be accurately determined.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Murphy et al. (US 20210249702 A1) discusses a battery testing system or method.
Lim et al. (US 20070145948 A1) discusses a battery management system using SOC and OCV.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAD TIMILSINA whose telephone number is (571)272-7104. The examiner can normally be reached Monday-Friday 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at 571-270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHARAD TIMILSINA/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857