DETAILED ACTION
Status of Claims
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 for Application #18/043,364, filed on 01/16/2026, has been entered. The following is a NON-FINAL OFFICE ACTION in response to the request for continued examination.
Claims 4-6, 10-12, and 18-25 are now pending and have been examined.
Claims 1-3, 7-9, and 14-17 has been cancelled by the applicant.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 4-5, 10-11, and 18-25 are rejected under 35 U.S.C. 103 as being unpatentable over Sohmshetty, et al., Pre-Grant Publication No. 2020/0164760 A1 (hereby “Sohm”) in view of Reeves, Pre-Grant Publication No. 2021/0031645 A1.
Regarding Claims 4, 10, 18, and 19, Sohm teaches:
An exchange device that is configured to house mobile batteries and that, when one of the mobile batteries is returned, lends out another one of the mobile batteries that are housed therein (see Figures 10 and 12 and at least [0071] and [0131]-[0135] in which the charging stations also house multiple charged batteries, and the renter can return their depleted battery to a charging station and acquire a new battery, the exchange device comprising:
a return processing section configured to acquire a deterioration degree of the one of the returned mobile batteries that is returned at a time of lending (see [0131]-[0135] in which the stored data regarding the deterioration degree at the time of rental is compared to the current deterioration degree)
a lending processing section configured to determine at a time when the one of the mobile batteries is returned, a deterioration degree of the one of the mobile batteries at the time of lending, that is acquired by the return processing section (see [0130]-[0131] and [0133]-[0136] in which a vehicle returns a rental battery and the system identifies another battery to be lent out from among the available batteries; see also [0133]-[0136] in which a battery is returned and the degree of deterioration is compared to the degree at the time of lending and the system determines whether the battery is still available for further rental) and whether or not a mobile battery available to be lent out exists among the plurality of mobile batteries housed in the exchange device (see [0130]-[0131] and [0133]-[0136] in which a vehicle returns a rental battery and the system identifies another battery to be lent out from among the available batteries)
Sohm, however, does not appear to specify:
each of the mobile batteries includes a storage section configured to store a deterioration degree of the mobile battery at a time of lending (claim 10 only)
a lending processing section configured to determine based on the deterioration degree of the one of the mobile batteries, that is acquired by the return processing section, whether or not a mobile battery available to be lent out exists among the plurality of mobile batteries housed in the exchange device
Reeves teaches:
each of the mobile batteries includes a storage section configured to store a deterioration degree of the mobile battery at a time of lending (see at least [0038]-[0040] in which the battery pack stores and shares data regarding battery wear, usage, and other data)
a lending processing section configured to determine based on the deterioration degree of the one of the mobile batteries, that is acquired by the return processing section, whether or not a mobile battery available to be lent out exists among the plurality of mobile batteries housed in the exchange device (see [0057]-[0059] and [0062]-[0063] in which returned rented batteries are analyzed for wear/deterioration to know how much charge is left and what rentals the battery is suitable for at that point based on the amount of wear)
It would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Reeves with Sohm because Sohm already teaches determining power usage and deterioration of the battery as well as storage of such data in the user account, and the battery storing the data would allow for instant access to the data by any replacement device even if the network is unavailable or if the device has limited or no access or association with the system database. It would also be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Reeves with Sohm because Sohm already teaches determining deterioration and selecting of replacement rental batteries from among multiple options based on deterioration, and analyzing the current returned battery as a basis for further decisions would ensure that the person swapping batteries gets an adequate battery and the returned battery is also used for appropriate purposes relative to their remaining charge.
**The examiner notes that the steps performed by the device are the same as those recited being performed by the method claim and by the program stored in the medium, and therefore the reference is determined to read upon claims 18 and 19 as well)
Sohm and Reeves, however, does not appear to specify:
a lending processing section configured to determine at a time when the one of the mobile batteries is returned, based on the deterioration degree of the one of the mobile batteries at the time of lending, that is acquired by the return processing section, whether or not a mobile battery available to be lent out exists among the mobile batteries housed in the exchange device
Sohm, however, teaches a lending processing section configured to determine at a time when the one of the mobile batteries is returned, a deterioration degree of the one of the mobile batteries at the time of lending, that is acquired by the return processing section (see [0130]-[0131] and [0133]-[0136] in which a vehicle returns a rental battery and the system identifies another battery to be lent out from among the available batteries; see also [0133]-[0136] in which a battery is returned and the degree of deterioration is compared to the degree at the time of lending and the system determines whether the battery is still available for further rental) and whether or not a mobile battery available to be lent out exists among the plurality of mobile batteries housed in the exchange device (see [0130]-[0131] and [0133]-[0136] in which a vehicle returns a rental battery and the system identifies another battery to be lent out from among the available batteries). Reeves teaches a lending processing section configured to determine based on the deterioration degree of the one of the mobile batteries, that is acquired by the return processing section, whether or not a mobile battery available to be lent out exists among the plurality of mobile batteries housed in the exchange device (see [0057]-[0059] and [0062]-[0063] in which returned rented batteries are analyzed for wear/deterioration to know how much charge is left and what rentals the battery is suitable for at that point based on the amount of wear). But, Reeves determines this not right on the spot when it is returned, but re-classifies if needed the returned batteries and then lends them out according to the degree of deterioration at the time of returning and the prior time of lending as well as the classification. Both Sohm and Reeves teach multiple available batteries when a vehicle returns one battery and wants to rent another.
Therefore, it would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine a lending processing section configured to determine at a time when the one of the mobile batteries is returned, based on the deterioration degree of the one of the mobile batteries at the time of lending, that is acquired by the return processing section, whether or not a mobile battery available to be lent out exists among the mobile batteries housed in the exchange device with Sohm and Reeves because Sohm and Reeves already teach these elements in combination, and the combination would allow for fast service based on an instant analysis of the returned battery as Sohm teaches and the classification of deterioration degree at the time of lending and return as Reeves teaches.
Regarding Claims 5 and 11, the combination of Sohm and Reeves teaches:
the exchange device according to claim 4…
Reeves teaches:
the deterioration degree is divided into a plurality of prescribed ranges, and a plurality of classifications are set corresponding respectively to the divided ranges of the deterioration degree (see at least [0063] in which batteries are divided into classifications, such as premium or economy, based on their degree of deterioration/wear, and they are selected to be rented out based on the classifications)
the return processing section determines a classification of the one of the mobile batteries based on the deterioration degree of the one of the mobile batteries at a time of lending (see [0063] in which batteries are classified based on deterioration degree and the classification data is stored after each time of lending and return of the battery and any changes in capacity are also noted and batteries are re-classified if needed)
the lending processing section determines whether the mobile battery available to be lent out exists among the mobile batteries housed in the exchange device and having the classification determined by the return processing section as corresponding to the deterioration degree of the one of the mobile batteries at the time of lending (see at least [0063] in which batteries are divided into classifications, such as premium or economy, based on their degree of deterioration/wear, and they are selected to be rented out based on the classifications and the classification data is stored after each time of lending and return of the battery and any changes in capacity are also noted and batteries are re-classified if needed)
It would also be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Reeves with Sohm because Sohm already teaches determining deterioration and selecting of replacement rental batteries from among multiple options based on deterioration, and using a classification system based on amount of deterioration would more easily allow users to understand the level of deterioration they are getting and allow for a more standardized objective based on ranges.
Regarding Claims 20 and 23, the combination of Sohm and Reeves teaches:
the exchange device according to claim 5…
Sohm further teaches:
wherein the return processing section acquires a usage state of the one of the mobile batteries in addition to the deterioration degree of the one of the mobile batteries at a time of lending (see [0130]-[0131], and [0133]-[0135] in which a batter renter returns a battery and the deterioration state and the usage state [amount of charge] is determined)
the lending processing section determines the mobile battery to be lent out based on the usage state acquired by the return processing section, from among the mobile batteries housed in the exchange device (see [0130]-[0135] and especially [0084]-[0085] in which a battery from among multiple available batteries at the charging station device is selected based on the power usage data and power needs of the vehicle; [0084] specifically states that the battery swapping includes a replacement battery to be loaded into the vehicle being selected from among “available charged batteries” based on “data from the charging hub”)
Reeves further teaches:
and having the classification determined by the return processing section as corresponding to the deterioration degree of the one of the mobile batteries at the time of lending (see [0057]-[0059] and [0062]-[0063] in which returned rented batteries are analyzed for wear/deterioration to know how much charge is left and what rentals the battery is suitable for at that point based on the amount of wear; see also Figure 5 and [0063] in which returned batteries are re-classified into economy, premium, or discard based on the amount of deterioration, and if they still classify into their former classification then they remain in that classification; inherently, if the user returns a premium battery for exchange, when the system seeks another battery for replacement from among the available batteries at the time of lending, all the available premium batteries that have been returned and still qualify as premium batteries would have kept their qualification as premium batteries based on their status upon return being the same as their status at the time of lending, and the user exchanging their battery would be given another premium battery to match the premium battery they had at the time of the original lending, as it is clear from [0063]-[0066] that the user/renters pay for the service and level of quality, and so giving them an economy or discardable battery in exchange for the premium battery they returned would not make sense with the teachings of Reeves)
It would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Reeves with Sohm because Sohm already teaches determining deterioration and selecting of replacement rental batteries from among multiple options based on deterioration, and analyzing the available previously returned batteries to match a deterioration and quality level of the battery that was returned would allow for the renter to be confident they are receiving the same quality battery they did previously.
Regarding Claims 21 and 24, the combination of Sohm and Reeves teaches:
the exchange device according to claim 20…
Sohm further teaches:
wherein the usage state includes a power usage amount used by the one of the mobile batteries (see [0130]-[0131], and [0133]-[0135] in which a batter renter returns a battery and the deterioration state and the usage state [amount of charge/power used] is determined)
the lending processing section determines the mobile battery to be lent out based on the power usage amount acquired by the return processing section, from among the mobile batteries housed in the exchange device (see [0130]-[0135])
Sohm, however, does not appear to specify:
the lending processing section determines the mobile battery to be lent out from among the mobile batteries housed in the exchange device and having the classification determined by the return processing section as corresponding to the deterioration degree of the one of the mobile batteries at a time of lending
Reeves teaches:
the lending processing section determines the mobile battery to be lent out from among the mobile batteries housed in the exchange device and having the classification determined by the return processing section as corresponding to the deterioration degree of the one of the mobile batteries at a time of lending (see [0057]-[0059] and [0062]-[0063] in which returned rented batteries are analyzed for wear/deterioration to know how much charge is left and what rentals the battery is suitable for at that point based on the amount of wear; see also Figure 5 and [0063] in which returned batteries are re-classified into economy, premium, or discard based on the amount of deterioration, and if they still classify into their former classification then they remain in that classification; inherently, if the user returns a premium battery for exchange, when the system seeks another battery for replacement from among the available batteries at the time of lending, all the available premium batteries that have been returned and still qualify as premium batteries would have kept their qualification as premium batteries based on their status upon return being the same as their status at the time of lending, and the user exchanging their battery would be given another premium battery to match the premium battery they had at the time of the original lending, as it is clear from [0063]-[0066] that the user/renters pay for the service and level of quality, and so giving them an economy or discardable battery in exchange for the premium battery they returned would not make sense with the teachings of Reeves)
It would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Reeves with Sohm because Sohm already teaches determining deterioration and selecting of replacement rental batteries from among multiple options based on deterioration, and analyzing the available previously returned batteries to match a deterioration and quality level of the battery that was returned would allow for the renter to be confident they are receiving the same quality battery they did previously.
Regarding Claims 22 and 25, the combination of Sohm and Reeves teaches:
the exchange device according to claim 21…
Reeves further teaches:
wherein a case where the power usage amount that is acquired by the return processing section is less than fully charged, the lending processing section determines, from among the mobile batteries housed in the exchange device and having the classification determined by the return processing section as corresponding to the deterioration degree of one of the mobile batteries at the time of lending, the mobile battery other than the mobile battery with a lowest deterioration degree to be the mobile battery to be lent out (see [0062] in which batteries with some but not all remaining power are selected for rental replacement based on the amount of remaining power; see also [0057]-[0059] and [0062]-[0063] in which returned rented batteries are analyzed for wear/deterioration to know how much charge is left and what rentals the battery is suitable for at that point based on the amount of wear; see also Figure 5 and [0063] in which returned batteries are re-classified into economy, premium, or discard based on the amount of deterioration, and if they still classify into their former classification then they remain in that classification; inherently, if the user returns a premium battery for exchange, when the system seeks another battery for replacement from among the available batteries at the time of lending, all the available premium batteries that have been returned and still qualify as premium batteries would have kept their qualification as premium batteries based on their status upon return being the same as their status at the time of lending, and the user exchanging their battery would be given another premium battery to match the premium battery they had at the time of the original lending, as it is clear from [0063]-[0066] that the user/renters pay for the service and level of quality, and so giving them an economy or discardable battery in exchange for the premium battery they returned would not make sense with the teachings of Reeves)
It would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Reeves with Sohm because Sohm already teaches determining deterioration and selecting of replacement rental batteries from among multiple options based on deterioration, and analyzing the available previously returned batteries to match a deterioration and quality level of the battery that was returned would allow for the renter to be confident they are receiving the same quality battery they did previously.
Sohm and Reeves, however, does not appear to specify:
when the power usage amount… is less than or equal to a threshold value
The examiner, however, takes Official Notice that it is old and well known in the commerce arts to set threshold values above or below which specific actions are taken. Industries ranging from advertising and commerce use thresholds and have for at least a couple of decades prior to the effective filing date of the invention. Therefore, it would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine when the power usage amount is less than or equal to a threshold value with Sohm and Reeves because Sohm already teaches determining power usage and selecting of replacement rental batteries from among multiple options based on power usage needs, and Reeves teaches using partially spent batteries for rentals, and using thresholds would allow for a set value for decision making, especially when using remote and geographically scattered terminals and devices.
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Sohmshetty, et al., Pre-Grant Publication No. 2020/0164760 A1 (hereby “Sohm”) in view of Reeves, Pre-Grant Publication No. 2021/0031645 A1 and in further view of Yau, Patent No. 9,870,670 B2.
Regarding Claims 6 and 12, the combination of Sohm and Reeves teaches:
the exchange device according to claim 4…
Sohm and Reeves, however, does not appear to specify:
wherein if the deterioration degree of the one of the mobile batteries at the time of lending fails to be acquired, the return processing section stops return processing of the one of the mobile batteries
Yau teaches:
wherein if the deterioration degree of the one of the mobile batteries at the time of lending is not acceptable, the return processing section stops return processing of the one of the mobile batteries (see Column 6, line 56-Column 7, line 8 and Column 16, lines 43-67 in which a battery is returned at a device and the battery is analyzed for both physical and operation conditions, including deterioration, to see if it is in acceptable condition; see also Column 7, lines 13-31 and Column 17, lines 1-20 in which if the battery is not acceptable the return is rejected)
It would be obvious to one of ordinary skill in the art before the effective date of filing of the application to combine Yau with Sohm and Reeves because Sohm and Reeves already teach return and replacement of rental batteries, and stopping a rental under certain conditions of battery condition such as deterioration would ensure that returned batteries are in acceptable condition and reusable, therefore maximizing profit and minimizing loss.
Sohm, Reeves, and Yau, however, does not appear to specify:
wherein if the deterioration degree of the one of the mobile batteries at the time of lending fails to be acquired, the return processing section stops return processing of the one of the mobile batteries
Yau does however teach if the deterioration degree of the one of the mobile batteries at the time of lending is not acceptable, the return processing section stops return processing of the one of the mobile batteries in Column 6, line 56-Column 7, line 8 and Column 16, lines 43-67 in which a battery is returned at a device and the battery is analyzed for both physical and operation conditions, including deterioration, to see if it is in acceptable condition and also Column 7, lines 13-31 and Column 17, lines 1-20 in which if the battery is not acceptable the return is rejected. Further, in Column 7, lines 20-31, it states that “a received battery can be rejected if the operable condition of the battery is inadequate…or based on any other desired criteria.” We know from the other citations that the “operable condition” can include “the ability of the received battery to be recharged” in Column 7, lines 5-7, “voltage, internal resistance/impedance, or any other desired battery parameter” in Column 16, lines 36-38, and “this information can include, for example, battery characteristics such as charging and discharging characteristics, such as for example voltage, internal resistance/impedance, or any other charging/discharging characteristic.”
Therefore, it would be obvious to one of ordinary skill in the art at the time of the effective filing date of the application to combine wherein if the deterioration degree of the one of the mobile batteries at the time of lending fails to be acquired, the return processing section stops return processing of the one of the mobile batteries with Sohm, Reeves, and Yau because Yau already teaches stopping the return based on other deterioration conditions, as in Column 6, line 56-Column 7, line 8 and Column 16, lines 43-67 in which a battery is returned at a device and the battery is analyzed for both physical and operation conditions, including deterioration, to see if it is in acceptable condition and also Column 7, lines 13-31 and Column 17, lines 1-20 in which if the battery is not acceptable the return is rejected. And, Yau can also be modified to stop the return based on other conditions associated with incoming operable condition information such as deterioration, as it states in Column 7, lines 20-31, that “a received battery can be rejected if the operable condition of the battery is inadequate…or based on any other desired criteria,” in Column 7, lines 5-7, “voltage, internal resistance/impedance, or any other desired battery parameter” and in Column 16, lines 36-38 “this information can include, for example, battery characteristics such as charging and discharging characteristics, such as for example voltage, internal resistance/impedance, or any other charging/discharging characteristic.” Modifying Yau to include one of the other operable condition based rejection criteria to be not able to read the deterioration level would be easily combinable with the above teachings since Yau already sets other similar criteria for rejecting a return based on deterioration and similar conditions, and one of the ordinary skill in the art would find a motivation to combine these references and elements in order to address when a deterioration condition cannot be read, and this would allow Yau to not have to take back batteries which could be completely deteriorated or unusable, therefore maximizing profit and minimizing loss.
Response to Arguments
Regarding the rejections based on 35 USC 102
The applicant has cancelled claims 1, 7, 16, and 17. Therefore the rejection has been withdrawn.
Regarding the rejections based on 35 USC 103
Regarding the applicant’s argument on page 9 of the response that Reeves does not determine the deterioration degree AT THE TIME OF LENDING:
Reeves in [0063] teaches identification of the deterioration degree both at the time of return and the time of lending. Batteries are classified based on deterioration degree and the classification data is stored after each time of lending and return of the battery and any changes in capacity are also noted and batteries are re-classified if needed. Batteries are divided into classifications, such as premium or economy, based on their degree of deterioration/wear, and they are selected to be rented out based on the classifications and the classification data is stored after each time of lending and return of the battery and any changes in capacity are also noted and batteries are re-classified if needed.
All other arguments have been considered in light of the applicant’s amendments to the claims, but are MOOT in light of the new grounds of rejection necessitated by the applicant’s amendments to the claims.
Conclusion
Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to Luis A. Brown whose telephone number is 571.270.1394. The Examiner can normally be reached on M-F 8:30am-4:30pm EST. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, JESSICA LEMIEUX can be reached at 571.270.3445.
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/LUIS A BROWN/ Primary Examiner, Art Unit 3626