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 .
Information Disclosure Statement
The information disclosure statement (IDS)’s submitted on 1/26/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1, 2, 3, 5, 11, 12, 13, and 15) in the reply filed on 4/7/2026 is acknowledged.
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 1-3, 5, 11-13 and 15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to an abstract idea without significantly more. Independent claim 1 (and similarly independent claim 11) recite:
“… receive a battery pack status data associated with the battery pack;
generate a battery pack diagnostic datum for each battery pack of the plurality of battery packs as a function of the battery pack status data of each battery pack of the plurality of battery packs; and
determine a suitability of the plurality of battery packs as a function of each battery pack diagnostic datum for each battery pack of the plurality of battery packs”
The recited steps can be considered as mathematical steps implemented only on a computer.
See Gottschalk v. Benson, which "held that simply implementing a mathematical principle on a physical machine, namely a computer, was not a patentable application of that principle"). See Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 110 USPQ2d 1976 (2014)"); Intellectual Ventures I LLC v. Capital One Bank (USA), N.A., 792 F.3d 1363, 1366, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015) ("An abstract idea does not become nonabstract by limiting the invention to a particular field of use or technological environment, such as the Internet [or] a computer"). See MPEP 2106 and flowchart Steps 1 and 2A.
This judicial exception (MPEP 2106, Flowchart Step 2B) is not integrated into a practical application because the recited steps represent routine data gathering (e.g. “… receive a battery pack status data …”) and analysis “… generate a battery pack diagnostic datum …”; which are not integrated into a practical application because nothing practical or concrete is accomplished with the result; indeed, there is no output at all.
The additional elements such as processor, memory and battery pack are recited at a generic level only, are well-known, and/or perform insignificant post solution activity only.
Claim(s) 1-3, 5, 11-13 and 15 does/do not include any additional elements that are sufficient to amount to significantly more than the judicial exception because the recited steps do not integrate the recited “… suitability of the plurality of battery packs …”, once determined, into a practical application(s).
Dependent claim(s) 2-3, 5, 12-13 and 15 does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the recited steps do not integrate the recited “…suitability of the plurality of battery packs …”, or any other feather of the claims, into a practical application(s); but serve only to further clarify the meaning of “status data” as further comprising health data, a model, etc. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 11-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schreiber et al. US 20220340042.
Regarding claims 1 and 11, [apparatus claim 1 is considered representative of the method claim 11 for purposes of itemization herein], Schreiber discloses a system/method for determining a suitable battery pack combination configured for use in an electric aircraft, the system/method comprising:
at least a processor [Fig. 1, processor 120] communicatively connected to at least a sensor [sensor 112; par. 0030]; and
a memory [par. 0018] communicatively connected to the at least a processor, the memory containing instructions configuring the at least a processor to:
for each battery pack [battery module 104] of a plurality of battery packs [par. 0063 one or more battery modules], receive a battery pack status data [Fig. 1, status datum 124. Fig. 4 method step 410] associated with the battery pack [par. 0037];
generate a battery pack diagnostic datum [Fig. 1, e.g. charge datum 128 (may be used to determine SOC, DOD, both having bearing on the lifetime of the battery after repeated use), health datum 132. Fig. 4, method steps 415 + 420] for each battery pack of the plurality of battery packs as a function of the battery pack status data of each battery pack of the plurality of battery packs [pars. 0038, 0039]; and
determine a suitability of the plurality of battery packs as a function of each battery pack diagnostic datum for each battery pack of the plurality of battery packs [pars. 0039, 0048, 0071].
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Regarding claims 2 and 12, Schreiber discloses: wherein the battery pack status data [status datum 124] comprises battery pack health data for the plurality of battery packs [par. 0037].
Regarding claims 3 and 13, Schreiber discloses: wherein the battery pack status data comprises internal state data and external state data for the plurality of battery packs [par. 0037].
Regarding claims 5 and 15, Schreiber discloses: wherein receiving the battery pack status data, comprises receiving the battery pack status data from a battery pack model associated with the battery pack [par. 0069].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11584250 belongs to the instant assignee and is cited for background relevance.
US 20210249868 discloses a detection system including a control circuit, a control system, and a detection circuit. The control circuit is configured to control on-off of a battery cell. An input end of the control circuit is configured to be connected to the battery cell, and an output end of the control circuit is configured to be connected to a battery connection device. The control system is configured to be connected to the battery connection device and to control the battery cell to supply power to the control system via the battery connection device. The detection circuit is connected to the control circuit or the control system and is configured to detect a parameter value of the battery connection device. The control circuit or the control system is further configured to determine health status of the battery connection device according to the parameter value of the battery connection device. When the control circuit 10 determines that the battery connection device 40 is in poor health status, the control circuit 10 can generate a flight prohibition prompt message and send the message to the control system 20 of the vehicle body 60 to notify the control system 20 that the battery connection device 40 is no longer suitable for use. In this way, when the unmanned aerial vehicle receives the flight prohibition prompt message during flight, the unmanned aerial vehicle can return in time, which avoids flight accident caused by the failure of the battery connection device and improvs the flight reliability and safety of the unmanned aerial vehicle. When the unmanned aerial vehicle receives the flight prohibition prompt message before takeoff, the flight can be stopped in time, or be performed after the battery connection device is replaced, which can prevent the flight accident caused by the failure of the battery connection device before taking off and improve the flight reliability and safety of the unmanned aerial vehicle. By predicting the life of the battery connection device, users can be reminded to replace and maintain the battery connection device in time, which further improves the maintenance convenience and safety of the unmanned aerial vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD V MURALIDAR whose telephone number is (571)272- 8933. The examiner can normally be reached M - W 9:30 am to 6:30 PM.
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unsuccessful, the examiner’s supervisor, Drew Dunn can be contacted at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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RICHARD V. MURALIDAR
Primary Examiner Art Unit 2859
/RICHARD V MURALIDAR/
Primary Examiner, Art Unit 2859
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