DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 01/27/2026 has been entered. Claim(s) 1-12 is/are now pending in the application. Applicant's amendments have addressed all informalities as previously set forth in the non-final action mailed on 10/27/2025.
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.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 1 recites
an impedance according to a change of frequency;
store an impedance reference value per frequency;
generate a Nyquist diagram for an impedance measurement value of the target battery measured by the impedance measuring module,
extract an inflection point from the generated Nyquist diagram,
select a value within a predetermined frequency range of impedance points centering around the extracted inflection point
and
compare the value with the impedance reference value per frequency stored in the memory module,
determine whether the value is outside of the impedance reference value by an error range,
determine that the target battery is abnormal based on the determination that the value is outside of the impedance reference value by the error range,
and
select to remove the target battery determined to be abnormal from being recycled or reused in a device
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
Independent Claim(s) 10 recites
storing an impedance reference value per frequency;
measuring an impedance according to a change of frequency while applying an alternating current (AC) voltage to a target battery;
generating a Nyquist diagram for an impedance measurement value of the target battery measured in the measuring of the impedance;
extracting an inflection point from the Nyquist diagram generated in the generating of the Nyquist diagram;
selecting an impedance measurement value within a predetermined frequency range of impedance points centering around the inflection point extracted in the extracting of the inflection point
and
comparing the impedance measurement value with impedance reference value per frequency stored in the storing of the impedance reference value per frequency;
determining whether the impedance measurement value is outside of the impedance reference value by an error range;
determining that the target battery is abnormal based on the determination that the impedance measurement value is outside of the impedance reference value by the error range;
and
removing the target battery determined to be abnormal from being recycled or reused in a device
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 1, Claim(s) 2-9 recite(s)
shift the generated Nyquist diagram such that the extracted inflection point becomes an origin
and
compare the impedance measurement value with the impedance reference value per frequency in the shifted state.
diagnose the target battery using a magnitude and an angle of the impedance measurement value for the target battery.
store the impedance reference value per frequency to be classified into each of a plurality of battery levels,
and
classify a level of the target battery by matching the impedance measurement value of the target batter with a battery level stored in the memory module from among the plurality of battery levels.
extract a point where a charge transfer resistance region is inflected by a diffusion resistance region as the inflection point in the generated Nyquist diagram.
extract the inflection point by searching the generated Nyquist diagram from a low frequency region to a high frequency region thereof.
store preliminary frequency information for the inflection point in advance.
the selecting of the impedance measurement value is performed only within the predetermined frequency range of impedance points centering around the extracted inflection point so that the determining of whether the target battery is abnormal is performed without using an equivalent circuit model requiring extraction of various constant values for the equivalent circuit model of the Nyquist diagram in relation to the target battery.
select the value only within the predetermined frequency range of impedance points centering around the extracted inflection point
so as to
determine whether the target battery is abnormal without using an equivalent circuit model requiring extraction of various constant values for the equivalent circuit model of the Nyquist diagram in relation to the target battery
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. a memory module configured to; a processor configured to);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic data acquisition/measurement(s) utilizing generic acquisition/measurement component(s) [i.e. an impedance measuring module configured to measure an impedance according to a change of frequency while applying an alternating current (AC) voltage to a target battery]); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. an impedance measuring module configured to measure an impedance according to a change of frequency while applying an alternating current (AC) voltage to a target battery; A battery pack, comprising the battery diagnosing apparatus according to claim 1; An energy storage system, comprising the battery diagnosing apparatus according to claim 1).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., generic computer structure; battery/energy storage device; generic impedance sensor)).
Allowable Subject Matter (over Prior Art)
See prior OA, mailed 10/27/2025, for the statement of reasons for the indication of allowable subject matter over prior art.
Response to Arguments
Applicant’s amendments, filed on 01/27/2026, have been entered and fully considered. In light of the applicant’s amendments changing the scope of the claimed invention, the rejection(s) have been withdrawn or updated. However, upon further consideration, a new or updated ground(s) of rejection(s) have been made, and applicant's argument(s)/remark(s) pertaining to the amended language have been rendered moot.
Applicant's argument(s)/remark(s), see page(s) 5-7, filed 01/27/2026, with respect to the 101 rejection(s) has/have been fully considered.
-Applicant states
“Rejection under 35 U.S.C. 101
Claims 1-10 are rejected under 35 U.S.C. § 101 as being is directed to an abstract idea without significantly more.
This rejection, insofar as it pertains to the presently pending claims, is respectfully traversed.
It is respectfully submitted that claim 1 is statutory based on reciting:
…
Also, it is respectfully submitted that claim 10 is statutory based on reciting:
…
By way of review, an example of the embodied invention based on claim 1 provides that: a processor is configured to select to remove the target battery determined to be abnormal from being recycled or reused in a device. Such provides a practical application of the judicial exception by removing from recycling or reuse of the target battery determined to be abnormal by the battery diagnosing apparatus.
Thus, claim 1 provides a practical application.
Meanwhile, claim 10 recites a similar features in varying scope, and also provide a practical application.
For the foregoing reasons, Applicant respectfully submits that the claims 1-10 are directed to statutory subject matter.
Accordingly, reconsideration and withdrawal of this rejection are respectfully requested.”.
Examiner respectfully disagrees with the underlined argument(s)/remark(s).
Respectfully, Examiner’s BRI of the amended claim language is to merely categorizes “a target battery” based on the mathematical concept. A POSITA would be able to perform a categorization via Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion). Therefore, a practical application has not been claimed yet. For example, a particular transformation has not taken place on/with the “target battery” based on the identified abstract idea.
See updated rejection(s) necessitated by amendment(s).
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit