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 .
The amendment filed on August 12, 2025 have been considered.
Drawings
The drawings are objected to because box “100” (Figs. 3, 4), box containing “110” and “130” (Fig. 4), “130” (Fig. 5) should be provided with descriptive text labels (MPEP 608.02(b)(II) FP 6.22).
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
Claim 1, “as the difference” (lines 11, 15) should be deleted.
Claim 12, “is acquired as the difference” (lines 11, 14-15) should be deleted.
Appropriate correction is required.
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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Pursuant to the 2019 Revised Patent Subject Matter Eligibility Guidance (MPEP 2106), the following analysis is made:
Under step 1 of the Guidance, the claims fall within a statutory category.
Under step 2A, prong 1, claims 1 and 12 recite an abstract idea of “estimate an internal resistance of the battery and a state of health of the battery using a difference indicating a change over time in the voltage” (mathematical concept), “acquire, as the difference, a first difference between the voltage at a first start time point at or after an end time point when charging or discharging of the battery is ended and the voltage at a first time point when a first period elapses after the first start time point” (mathematical concept), “acquire, as the difference, a second difference between the voltage at a second start time point at or after the first time point and the voltage at a second time point when a second period elapses after the second start time point” (mathematical concept), “acquire relationship data that describes a relationship between the first difference and the internal resistance and describes a relationship between the second difference and the state of health” (mathematical concept), “estimate the internal resistance using the first difference” (mathematical concept), “estimate the state of health using the second difference” (mathematical concept).
The mere nominal recitation of a generic processor (CPU) does not take the claim limitation out of the abstract idea (MPEP 2106.04(a)(2) (III).
Under step 2A, prong 2, the abstract idea is not integrated into a practical application. A voltage sensor and a current sensor are directed insignificant extra solution activities of data gathering (MPEP 2106.05(g)).
Under step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea (MPEP 2106.05(A)).
A voltage sensor and a current sensor are also directed to well-understood, routine and conventional activities known in the industry (see MPEP 2106.05(d)).
The remaining dependent claims 2-11 and 13 are directed to an abstract idea.
Accordingly, claims 1 and its dependent claims 2-11 and 13 and claim 12 are patent ineligible under 3 USC 101.
Prior Art Note
Claims 1-13 do not have prior art rejections.
The combination as claimed wherein a battery management system and method for managing a state of a battery comprising
acquire, as the difference, a first difference between the voltage at a first start time point at or after an end time point when charging or discharging of the battery is ended and the voltage at a first time point when a first period elapses after the first start time point, a relationship between the first difference and the internal resistance,
acquire, as the difference, a second difference between the voltage at a second start time point at or after the first time point and the voltage at a second time point when a second period elapses after the second start time point, a relationship between the second difference and the state of health (claims 1, 12) is not disclosed, suggested, or made obvious by the prior art of record.
Response to Arguments
Applicant's arguments filed on August 12, 2025 have been fully considered but they are not persuasive.
With regard to the drawing objections, Applicants argue “Applicant has amended Fig. 4 to include reference number 101 for the box containing the communication unit 110 and detection unit 130. Applicant has also amended para. [0029] of the pre-grant publication corresponding to the present application (US 2023/0349981) to set forth “In FIG. 4, the battery management device 100 acquires the voltage V, the current I, and the temperature T of the battery 200 from the communication unit 110 which is included in a separate device 101.” All other boxes are labeled. Accordingly, the objection should be withdrawn.”
Examiner’s position is that the drawing objections are maintained because reference “101” has not been labeled “communication unit” and reference “100” has not been labeled “battery management device” in Fig. 4. Applicants have not responded to the objections to Figs 3 and 5.
Applicant’s arguments and amendments with respect to the claim objections have been fully considered and are persuasive. The claim objections have been withdrawn.
Applicant’s amendments with respect to the claim interpretation under 35 USC 112(f) have been fully considered and are persuasive. The claim interpretation under 35 USC 112(f) have been withdrawn.
Applicant’s amendments with respect to the rejections under 35 USC 112(b) have been fully considered and are persuasive. The rejections under 35 USC 112(b) have been withdrawn.
With regard to the rejections under 35 USC 101 under step 2A, Applicants argue “the inventors have found problems and drawbacks in those techniques, such as the following.
In PTL 1, since only the internal resistance is measured, a technique for measuring SOH is separately required. In PTL 2, Ri and SOH are measured using an open circuit voltage (OCV). However, the method using OCV tends to take a long measurement time. In PTL 3, a waveform generator that generates a waveform for measuring the impedance is separately required.
Para. [0009]. The presently claimed invention addresses these problems and provides a technical improvement that enables an internal resistance and a state of health of a battery to be measured at the same time in a short time by a simple method. See para. [0010]. The improvement is also recited in the claims. For example, claim 1 recites “acquire, as the difference, a second difference between the voltage at a second start time point at or after the first time point and the voltage at a second time point when a second period elapses after the second start time point, acquire relationship data that describes a relationship between the first difference and the internal resistance and describes a relationship between the second difference and the state of health, estimate the internal resistance using the first difference, and estimate the state of health using the second difference.”
Examiner’s position is that pursuant to MPEP 2106.05(a), “[a]n indication that the claimed invention provides an improvement can include a discussion in the specification that identifies a technical problem and explains the details of an unconventional technical solution expressed in the claim, or identifies technical improvements realized by the claim over the prior art.” The claims do not recite the technical improvement enables an internal resistance and a state of health of a battery to be measured at the same time in a short time by a simple method. Instead, the claims recite that a CPU is programmed to estimate an internal resistance of the battery and a state of health of the battery using a difference indicating a change over time in the voltage (e.g., see claim 1). Thus, the claims do not express the details of an unconventional technical solution that are explained in the specification. Rather, they are directed to an abstract idea as discussed above.
Applicants further argue “Applicant’s claim 1 is not directed to an abstract idea because claim 1 includes additional elements that integrate the alleged abstract idea into a practical application of the abstract idea demonstrated by a particular improvement to the technology of measuring internal resistance (Ri) and state of health (SOH) of a battery. Therefore, under the Step 2A Prong Two analysis, claim 1 is not directed to an abstract idea.”
Examiner’s position is that, as discussed above, claim 1 does not recite “a particular improvement to the technology of measuring internal resistance (Ri) and state of health (SOH) of a battery.” Instead, claim 1 recites an abstract idea as discussed above. The abstract idea is not integrated into a practical application. For example, the abstract idea is not used/applied in a meaningful way (MPEP 2106.05(e)). Claim 1 recites estimating the internal resistance and estimating the state of health. However, the claim does not recite a practical application that in which the estimated internal resistance and state of health are used/applied. For what practical application the estimated internal resistance and estimating the state of health are used?
With regard to step 2B, Applicants argue “{i]n BASCOM, the court indicated that, when looking at the claim as an ordered combination of claim limitations, “an inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces.” Similar to the concepts discussed in BASCOM, Applicant’s claim 1 includes additional elements that are sufficient to ensure that the claims amount to significantly more than an abstract idea.”
Examiner’s position is that the claims do not recite a non-conventional and non-generic arrangement of conventional elements. Claim 1 recites a voltage sensor and a current sensor, but a non-conventional and non-generic arrangement of the sensors are not recited. In addition to the sensors, abstract steps are recited to estimate an internal resistance and state of health of a battery. Claim 1 does not express a technological improvement as discussed above. Thus, significantly more elements (inventive concept) are not found in the claims.
Applicants further argue “Applicant’s claim 1 is not directed to routine, conventional, or well-known activities.”
Examiner’s position is that a voltage sensor and a current sensor are directed to insignificant activities of data gathering (MPEP 2106.05(g)) (analysis in step 2A) and they are also directed to well-understood, routine and conventional activities known in the industry (see MPEP 2106.05(d)) (analysis in step 2B).
Applicant’s remaining arguments have been considered but are traversed in view of the discussions above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mingyue et al. (CN 109085513) discloses a battery internal resistance
calculation method and device can be used by the cell process, firstly collecting the battery between the first time and the second time of current difference and
voltage difference (Abstract).
Zheng (CN 105092977) discloses battery Internal resistance measuring method and circuit, health state detecting method and system (Title). Zheng discloses the invention controls the storage battery internal resistance detection periodically to evaluate the health status of the battery (Abstract).
However, the above references do not disclose acquire, as the difference, a first difference between the voltage at a first start time point at or after an end time point when charging or discharging of the battery is ended and the voltage at a first time point when a first period elapses after the first start time point, a relationship between the first difference and the internal resistance, and acquire, as the difference, a second difference between the voltage at a second start time point at or after the first time point and the voltage at a second time point when a second period elapses after the second start time point, a relationship between the second difference and the state of health.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Nghiem whose telephone number is (571) 272-2277. The examiner can normally be reached on M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MICHAEL P NGHIEM/Primary Examiner, Art Unit 2857 October 21, 2025