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 .
DETAILED ACTION
Claims status
1. Claims 1-9 and 11-28 and 30-32 are amended and pending as the applicant filed response on 08/13/2025
The examiner try to contact the above representative but was not successful.
Claim Rejections - 35 USC § 112
2a. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 11-28 and 30-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1-9 and 11-32, the terms “significant correlation” “significant drift” are vague and a relative term that renders the claim indefinite. The term “code type” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “significant correlation” “significant drift” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “significant correlation” “significant drift” occurs.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
2b. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 and 11-28 and 30-32 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The following not supported by the original specification:
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Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See MPEP 707.05. Although the prior art discloses several unclaimed, some claimed limitation. The closest Prior Art of record are considered to be defined by:
Couture (US 2021/0319152 A1) described a computerized system configured to design an electrical storage system based on one or more design requirements provided as input to the computerized system, the computerized system comprising: at least one computer processor; and at least one non-transitory computer readable medium encoded with a plurality of instructions that, when executed by the at least one computer processor, perform a method comprising: generating, based on the one or more design requirements and information for a plurality of energy storage systems including a first type of energy storage system and a second type of energy storage system different from the first type of energy storage system, a viable configuration space; determining, for each of multiple pairs of energy storage systems in the plurality of energy storage systems having characteristics that fall within the viable configuration space, a performance measure of the pair, wherein determining the performance measure comprises evaluating a control strategy that dynamically splits power provided and/or stored by the first and second energy storage systems in the pair during each of a plurality of time intervals; and providing on a user interface, an indication of a pair of energy storage systems selected based on the performance measure.
Response to Arguments
4. Applicant's arguments with respect to the amended claims have been considered but are moot in view of the new ground(s) of rejection. However, applicant's arguments filed 08/14/2025 have been fully considered but they are not persuasive (see above rejection).
Conclusion
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
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
August 18, 2025