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 .
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 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.
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/04/2026 has been entered. Claims 1-20 amended and pending.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for estimating state of health (SOH) of a battery, the
battery configured for providing electrical power to a motor for use in driving a vehicle, the method comprising: estimating a first SOH for the battery according to a first SOH process, the first SOH process appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determining first discharging of the battery to a first SOC corresponding to first percentage of available energy in the battery, the first discharging resulting from the battery discharging electrical power to a charging station offboard the vehicle until the first SOC is reached are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of determining a first charging of the battery from first SOC to a second SOC corresponding to a second percentage of available energy in the battery, the first charging resulting from the charging station providing, after the first discharging, electrical power to the battery until the second SOC is reached, wherein the second SOC is high than the first SOC appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 16, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for estimating state of health (SOH) of a battery, the battery configured for providing electrical power to a motor for use in driving a vehicle, the method comprising: estimating a first SOH for the battery according to a first SOH process, the first SOH process appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determining a first charging of the battery resulting from a charging station offboard the vehicle providing electrical power for charging the battery to a first state of charge (SOC), wherein the first SOC corresponds to a percentage of a capacity to which the battery is charged prior to a driving operation of the vehicle;
determining a first discharging of the battery resulting from the battery discharging electrical power to the motor as normal during a driving operation of the vehicle, the first discharging resulting in the battery discharging from the first SOC to a second SOC lower than the first SOC, wherein the second SOC corresponds to an SOC of the battery after the vehicle concludes the driving operation; determining a first recharging of the battery resulting from the charging station providing electrical power for charging the battery from the second SOC to the first SOC; determining a first charge depth to represent a first amount of electrical power provided from the charging station to charge the battery from the second SOC to the first SOC; and determining the first SOH based on the first charge depth; and estimating a second SOH for the battery according to a second SOH process, the second SOH process including: determining a second discharging of the battery resulting from the battery discharging electrical power to the charging station until a third SOC corresponding to a first percentage of available energy in the battery are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements determining a second recharging of the battery resulting from the charging station providing, after the second discharging, electrical power for charging the battery from the third SOC to a fourth SOC corresponding to a second percentage of available energy in the battery; determining a second charge depth to represent a second amount of electrical power provided from the charging station to charge the battery from the third SOC to the fourth SOC during the second charging; and determining the second SOH based on the second charge depth, wherein the first charge depth is less than the second charge depth such that the second SOH process has a greater charge depth than the first SOH process appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 16 not eligible.
Claim 19, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for estimating state of health (SOH) of a battery, the battery configured for providing electrical power to a motor for use in driving a vehicle, the method comprising: estimating a first SOH for the battery according to a first SOH process, the first SOH process appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of determining a first charging of the battery resulting from a charging station offboard the vehicle providing electrical power for charging the battery to a first state of charge (SOC), wherein the first SOC corresponds to a percentage of a capacity to which the battery is charged prior to a driving operation of the vehicle; determining a first discharging of the battery resulting from the battery discharging electrical power to the motor as normal during a driving operation of the vehicle, the first discharging resulting in the battery discharging from the first SOC to a second SOC lower than the first SOC, wherein the second SOC corresponds to an SOC of the battery after the vehicle concludes the driving operation; determining a first recharging of the battery resulting from the charging station providing electrical power for charging the battery from the second SOC to the first SOC; determining a first charge depth to represent a first amount of electrical power provided from the charging station to charge the battery from the second SOC to the first SOC; and determining the first SOH based on the first charge depth; and estimating a second SOH for the battery according to a second SOH process, the second SOH process including: determining a second discharging of the battery resulting from the battery discharging electrical power to the charging station until a third SOC corresponding to a first percentage of available energy in the battery are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements determining a second recharging of the battery resulting from the charging station providing, after the second discharging, electrical power for charging the battery from the third SOC to a fourth SOC corresponding to a second percentage of available energy in the battery; determining a second charge depth to represent a second amount of electrical power provided from the charging station to charge the battery from the third SOC to the fourth SOC during the second charging; and determining the second SOH based on the second charge depth, wherein the first charge depth is less than the second charge depth such that the second SOH process has a greater charge depth than the first SOH process appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 16 not eligible.
Claim 19, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a system for estimating state of health (SOH) of a battery, the battery configured for providing electrical power to a motor for use in driving a vehicle, the system appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a discharging module configured for determining a first discharging of the battery resulting from the battery discharging electrical power to a charging station until reaching a first SOC, the first SOC being greater than a second SOC used to represent a maximum discharge permitted for the battery when discharging electrical power to the motor during a driving operation of the vehicle; a charging module configured for determining a first charging of the battery resulting from the charging station providing electrical power for charging the battery from the first SOC to a third SOC, the third SOC being greater than a fourth SOC used to represent a maximum charge permitted for the battery in performance of the driving operation are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of an SOH module configured for: determining a charge depth to represent an amount of electrical power provided from the charging station to charge the battery from the first SOC to the third SOC; and determining the SOH based on the charge depth appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 19 not eligible.
Claim 2 related to determining a second discharging of the battery from a third state of charge (SOC) to a fourth SOC, wherein the third SOC corresponds to a percentage of a capacity to which the battery is charged prior to a driving operation of the vehicle, wherein the fourth SOC corresponds to an SOC of the battery after the driving operation has concluded, and wherein the second discharging results from the battery discharging electrical power to the motor during the driving operation; determining a second charging of the battery from the fourth SOC to the third SOC, wherein the second charging results from the charging station providing electrical power to the battery until the third SOC is reached; determining a second charge depth to represent another amount of electrical power provided from the charging station to charge the battery from the fourth SOC to the third SOC; and determining the second SOH based on the second charge depth, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to the fourth SOC is greater than the third SOC and/or the third SOC is less than the second SOC such that the first charge depth provides a greater charge depth for the battery than the second charge depth, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to determining a first range for the vehicle according to the second SOH, the first range representing a first distance the vehicle is capable of driving when the battery is charged to the third SOC via the second charging of the battery; determining a second range for the vehicle according to the first SOH, the second range representing a second distance the vehicle is capable of driving when the battery is charged to the third SOC via the first SOH process; and selecting the second range to be used instead of the first range in calculating a driving range to be communicated to an operator of the vehicle due to the first SOH process being more accurate than the second charging as result of the first charge depth providing the greater charge depth for the battery than the second charge depth, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to determining the third SOC, the fourth SOC, the first SOC, and the second SOC with a battery module, the battery module configured for interacting with the charging station to control charging and discharging of electrical power to and from the battery, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to the battery module determining the third SOC, the first SOC, and the second SOC from inputs made thereto through a user interface configured for interfacing with an operator of the vehicle. this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to the battery module determining the third SOC, the first SOC, and the second SOC from inputs made thereto through an interface configured for interfacing with a back office device or a controller offboard the vehicle, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 8 related to the battery module determining the third SOC based on a prior SOH determined for the battery before the second SOH; and the battery module determining the first SOC and the second SOC based on the second SOH, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible.
Claim 9 related to determining the third SOC to be greater than the first SOC; determining the fourth SOC to be equal to or greater than the first SOC; and determining the second SOC to be equal to or greater than the third SOC, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to preventing the battery from discharging beyond the first SOC while performing the driving operation; and preventing the battery from charging beyond the third SOC as part of the second SOH process, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to discharging the battery beyond the fourth SOC to the first SOC as part of the first SOH process; and charging the battery beyond the third SOC to the second SOC as part of the first SOH process, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to determining the second SOH and the first SOH with an SOH module, the SOH module configured for processing the second charge depth according to an SOH equation to determine the second SOH and to process the first charge depth according to the SOH equation to determine the first SOH, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to performing a scheduling process as part of the first SOH process, the scheduling process including: estimating an amount of time needed for the first charging and the first discharging; and scheduling the first SOH process according to the amount of time, this appears recite further data characterization and mathematical concepts that are part of the abstract idea,
claim 13 not eligible.
Claim 14 related to transmitting a request message to an owner of the vehicle or the charging station to identify a desired time of day for scheduling commencement of the first SOH process, the request message including information representing the amount of time, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 15 related to determining a pecuniary gain for discharging electrical power from the battery to the charging station; determining a pecuniary cost for providing electrical power from the charging station to the battery; and scheduling the first SOH process according to the amount of time, the pecuniary gain, and the pecuniary cost, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 15 not eligible.
Claim 17 related to determining a range of the vehicle with a range module, the range module configured for determining the range according to the second SOH due to the greater charge depth of the second SOH process providing a more accurate calculation of the range than the first SOH, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claim 18 related to determining the first SOH and the second SOH with an SOH module, the SOH module configured for processing the first charge depth according to an SOH equation to determine the first SOH and to process the second charge depth according to the SOH equation to determine the second SOH, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 18 not eligible.
Claim 20 related to the SOH module is configured for determining a range for the vehicle according to the SOH, the range representing a distance the vehicle is capable of driving when the battery is charged to the fourth SOC, this appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 20 not eligible.
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, 13, 14, 15, 19 and 20 are rejected under 35 U.S.C. 103 as being aunpatentable over Szubbocsev (US Patent Application Publication 20190294173 A1, Date Published: Sep. 26, 2019) in view of GADH RAJIT, WO 2011156776 A2, Date Published: 2011-12-15, CPC B60L 55/00.
Regarding claim 1:
Szubbocsev described a method for estimating state of health (SOH) of a battery, the battery configured for providing electrical power to a motor for use in driving a vehicle (0030, SOH of vehicle), comprising: estimating a first SOH for the battery according to a first SOH process (0030, SOH), the first SOH process including: determining a first discharging of the battery to a first SOC corresponding to a first percentage of available energy in the battery (0031, discharge or accumulation. Information), the vehicle until the first SOC is reached (0035, ADV in charging station); determining a first charging of the battery from the first SOC to a second SOC corresponding to a second percentage of available energy in the battery (0067, battery need full charge), the first charging resulting from the charging station providing after the first discharging (0053, discharge) electrical power to the battery until the second SOC is reached (0067, charge battery); determining an first charge depth to represent an amount of electrical power provided from the charging station to charge the battery from the first SOC to the second SOC (0067, full charge); and determining the first SOH based on the first charge depth (0067, required to reach a state of full charge).
Szubbocsev does not described the first discharging resulting from the battery discharging electrical power to a charging station offboard the vehicle until the first SOC is reached.
GADH RAJIT described the first discharging resulting from the battery discharging electrical power to a charging station offboard the vehicle until the first SOC is reached (0016, The charging station may include a grid tie inverter connected to the power grid, whereby the electric vehicle battery is selectively discharged to provide power to the power grid), for the advantage of send power where is needed the most.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Szubbocsev to have the first discharging resulting from the battery discharging electrical power to a charging station offboard the vehicle until the first SOC is reached taught by GADH RAJIT for the advantage of send power where is needed the most.
Regarding claim 19:
Szubbocsev described a system for estimating state of health (SOH) of a battery, the battery configured for providing electrical power to a motor for use in driving a vehicle (0030, battery for ADV), comprising: a discharging module configured for determining an until reaching an first SOC (0067, battery need full charge), the first SOC being greater than a driving first SOC used to represent a maximum discharge permitted for the battery when discharging electrical power to the motor in during a normal driving operation (0030, determine if the ADV can navigate a generated route to reach the predetermined destination using the battery stack at its current level of SOC); a charging module configured for determining an first charging of the battery resulting from the charging station providing electrical power for charging the battery from the first SOC to an third SOC (0067, required to reach a state of full charge), the first second SOC being greater than a driving fourth SOC used to represent a maximum charge permitted for the battery in during normal driving operation of the vehicle (0067, required to reach a state of full charge); and a SOH module configured for: determining a charge depth to represent an amount of electrical power provided from the charging station to charge the battery from the first SOC to the first second SOC (0067, required to reach a state of full charge); determining the SOH based on the charge depth (0055, maximal releasable capacity, 0067, required to reach a state of full charge).
Szubbocsev does not described first discharging of the battery resulting from the battery discharging electrical power to a charging station.
GADH RAJIT described first discharging of the battery resulting from the battery discharging electrical power to a charging station (0016, The charging station may include a grid tie inverter connected to the power grid, whereby the electric vehicle battery is selectively discharged to provide power to the power grid), for the advantage of send power where is needed the most.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Szubbocsev to have first discharging of the battery resulting from the battery discharging electrical power to a charging station.
taught by GADH RAJIT for the advantage of send power where is needed the most.
Regarding claim 13 , Szubbocsev further described performing a scheduling process as part of the first SOH process, the scheduling process including: estimating an amount of time needed for the first charging and the first discharging; and scheduling the first SOH process according to the amount of time (0031, scheduled starting point or the current location of the ADV) to a predetermined destination and charging SOC, 0071 estimate time).
Regarding claim 14 , Szubbocsev further described transmitting a request message to an owner of the vehicle or the charging station to identify a desired time of day for scheduling commencement of the first SOH process, the request message including information representing the amount of time (0073, transmit a request to one or more ADV control system nodes 502, 0084, time of day, day of the week, 0102, charge that will be required to reach a predetermined destination for each generated route from the current geographical location).
Regarding claim 15 , Szubbocsev further described determining a pecuniary gain for discharging electrical power from the battery to the charging station; determining a pecuniary cost for providing electrical power from the charging station to the battery; and scheduling the first SOH process according to the amount of time, the pecuniary gain, and the pecuniary cost (0086, payment system, 0127, @ charge station) .
Regarding claim 20 , Szubbocsev further described wherein: the SOH module is configured for determining a range for the vehicle according to the SOH, the range representing a distance the vehicle is capable of driving when the battery is charged to the driving second SOC (0102, ADV charge that will be required to reach a predetermined destination for each generated route from the current geographical location).
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
March 12, 2026