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 .
Response to Amendment
Applicant' s amendment and response filed 12/5/2025 has been entered and made record. This application contains 19 pending claims.
Claims 1-2, 4-5, 10, 12, 14, 16-17, and 19-20 have been amended.
Claim 18 has been cancelled.
Response to Arguments
Applicant’s arguments filed 12/5/2025 regarding claims rejections under 35 U.S.C. 112(b) in claims 2-6, 8, 10, 12-17, and 19 have been fully considered and are persuasive. Claims 2, 4-5, 10, 12, 14, 16-17, and 19 have been amended, and the amended claims limitations overcome the 112(b) rejections. Therefore, the 112(b) rejections in claims 2-6, 8, 10, 12-17, and 19 have been withdrawn.
Applicant’s arguments filed 12/5/2025 regarding claims rejections under 35 U.S.C. 101 in claims 1-20 have been fully considered but they are not persuasive.
The applicant argues on pages 11-12 of the remark filed on 12/5/2025 that “…
Even if the Office were to conclude under Step 2A, Prong One that the limitation “determining whether a change in the first current during the first time period is greater than a threshold current change" involves an abstract idea, the claim as a whole integrates any such exception into a practical application via a particular machine that physically actuates and senses a battery pack. … Viewed in context, the actuation, timed measurement, determination, and notification form a specific control-and-sensing sequence implemented by the BMS in a multi-string battery pack. This is a meaningful limitation well beyond a field-of-use restriction or "apply it on a computer" instruction, and therefore satisfies Step 2A, Prong Two. Accordingly, the claim is not "directed to" an abstract idea within the meaning of MIPEP 2106.04(d).”
The Examiner respectfully disagrees applicant’s argument. The steps of “determining whether a change in the first current during the first time period is greater than a threshold current change”; “in an event that the change in the first current during the first time period does not exceed the threshold current change”, and “wherein in an event that the change in the first current during the first time period is greater than the threshold current change” are a combination of a mathematical concept and a mental process, therefore, they are considered to be abstract idea. Thus, the claims are directed to an abstract idea.
The applicant argues on pages 11-12 of the remark filed that “… Even if the Office were to conclude under Step 2A, Prong One that the limitation “determining whether a change in the first current during the first time period is greater than a threshold current change" involves an abstract idea, the claim as a whole integrates any such exception into a practical application via a particular machine that physically actuates and senses a battery pack. … The BMS of claim l is not a generic computer used as an incidental calculator. It is a particular control device operatively coupled to a controllable switch and to an ammeter in a defined battery-pack topology in which the first string fuse, the at least one parallel arrangement, and the ammeter are connected in series, and a second string is connected in parallel. … Similarly, the measurement step is not mere "data gathering" or an insignificant extra- solution activity. … ”.
The Examiner respectfully disagrees applicant’s argument. Practical application can be demonstrated by additional elements that are sufficient to integrate the judicial exception into a practical application. The additional elements of measuring, via the first ammeter under control of the battery management system, a first current passing through the first string using the first ammeter during a first time period after the at least one parallel arrangement is changed to the connected state is considered necessary data gathering and thus, not sufficient to integrate the abstract idea into a practical application. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., measuring current) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
The additional elements of a first string comprising: a first string fuse; at least one parallel arrangement comprising a battery cell and a resistor, wherein the at least one parallel arrangement is configured to be changeable between: a connected state wherein the resistor is connected in parallel to the battery cell; and a disconnected state wherein the resistor is disconnected from the battery cell; a first ammeter, wherein the first string fuse, the at least one parallel arrangement and the first ammeter are connected in series; a second string connected in parallel to the first string, the second string comprising at least one battery cell; the method being carried out by a battery management system operatively coupled with the first ammeter and to a controllable switch of the at least one parallel arrangement, determining a state of the first string fuse by: changing the at least one parallel arrangement of the first string to the connected state by actuating the controllable switch via the battery management system; and providing, via the battery management system, a notification that the first string fuse is in a blown state; and the battery management system determines the first string fuse is intact are not sufficient to integrate the abstract idea into a practical application. Therefore, the current claims do not recite additional elements that are indicative of integration of an abstract idea into a practical application.
Hence, the Examiner submits that the rejections of Claims 1-20 are proper.
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 1-17, and 19-20 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.
As to claim 1, the claim recites “A method for determining a state of a fuse in a battery pack, wherein the battery pack comprises:
a first string comprising: a first string fuse;
at least one parallel arrangement comprising a battery cell and a resistor, wherein the at least one parallel arrangement is configured to be changeable between:
a connected state wherein the resistor is connected in parallel to the battery cell; and
a disconnected state wherein the resistor is disconnected from the battery cell; and
a first ammeter, wherein the first string fuse, the at least one parallel arrangement and the first ammeter are connected in series; and
a second string connected in parallel to the first string, the second string comprising at least one battery cell;
the method being carried out by a battery management system operatively coupled with the first ammeter and to a controllable switch of the at least one parallel arrangement, and comprising determining a state of the first string fuse by:
changing the at least one parallel arrangement of the first string to the connected state by actuating the controllable switch via the battery management system;
measuring, via the first ammeter under control of the battery management system, a first current passing through the first string using the first ammeter during a first time period after the at least one parallel arrangement is changed to the connected state;
determining, via the battery management system, whether a change in the first current during the first time period is greater than a threshold current change; and
in an event that the change in the first current during the first time period does not exceed the threshold current change, providing, via the battery management system, a notification that the first string fuse is in a blown state;
wherein in an event that the change in the first current during the first time period is greater than the threshold current change, the battery management system determines the first string fuse is intact.”
Under the Step 1 of the eligibility analysis, we determine whether the claim is directed to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process for claims 1 and 20, and apparatus for claim 19).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the bold type portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the grouping of subject matter when recited as such in a claim that covers mathematical concepts (mathematical relationships, mathematical formulas or equations, mathematical calculations) and mental processes (concepts performed in the human mind, and examples of mental processes include observations, evaluations, judgments, and opinions).
In claim 1, the steps identified in bold type are a combination of a mathematical concept and a mental process, therefore, they are considered to be abstract idea.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that integrate the exception into a practical application of that exception.
The claim comprises the following additional elements:
a first string comprising: a first string fuse; at least one parallel arrangement comprising a battery cell and a resistor, wherein the at least one parallel arrangement is configured to be changeable between: a connected state wherein the resistor is connected in parallel to the battery cell; and a disconnected state wherein the resistor is disconnected from the battery cell; and a first ammeter, wherein the first string fuse, the at least one parallel arrangement and the first ammeter are connected in series; and a second string connected in parallel to the first string, the second string comprising at least one battery cell; the method being carried out by a battery management system operatively coupled with the first ammeter and to a controllable switch of the at least one parallel arrangement, and comprising determining a state of the first string fuse by: changing the at least one parallel arrangement of the first string to the connected state by actuating the controllable switch via the battery management system; measuring, via the first ammeter under control of the battery management system, a first current passing through the first string using the first ammeter during a first time period after the at least one parallel arrangement is changed to the connected state; via the battery management system; providing, via the battery management system, a notification that the first string fuse is in a blown state; the battery management system determines the first string fuse is intact.
The additional element “measuring a first current passing through the first string using the first ammeter during a first time period after the at least one parallel arrangement is changed to the connected state” represents necessary data gathering and does not integrate the limitation into a practical application. The additional elements “a first string comprising: a first string fuse; at least one parallel arrangement comprising a battery cell and a resistor, wherein the at least one parallel arrangement is configured to be changeable between: a connected state wherein the resistor is connected in parallel to the battery cell; and a disconnected state wherein the resistor is disconnected from the battery cell”; “a first ammeter, wherein the first string fuse, the at least one parallel arrangement and the first ammeter are connected in series”; and “a second string connected in parallel to the first string, the second string comprising at least one battery cell”; “the method being carried out by a battery management system operatively coupled with the first ammeter and to a controllable switch of the at least one parallel arrangement”, “determining a state of the first string fuse by: changing the at least one parallel arrangement of the first string to the connected state by actuating the controllable switch via the battery management system”; and “providing, via the battery management system, a notification that the first string fuse is in a blown state; and the battery management system determines the first string fuse is intact.” are not sufficient to integrate the abstract idea into a practical application because they only add insignificant extra-solution activities to the judicial exception.
In conclusion, the above additional elements, considered individually and in combination with the other claims elements do not reflect an improvement to other technology or technical field, do not reflect improvements to the functioning of the computer itself, do not recite a particular machine, do not effect a transformation or reduction of a particular article to a different state or thing, and, therefore, do not integrate the judicial exception into a practical application. Therefore, the claim is directed to a judicial exception and require further analysis under the Step 2B.
The above claim, does not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in a relevant art as evidenced by the prior art of record (Step 2B analysis).
For example, measuring, via the first ammeter under control of the battery management system, a first current passing through the first string using the first ammeter during a first time period after the at least one parallel arrangement is changed to the connected state is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e. receiving data) is considered extra solution activity in light of Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015).
For example, providing, via the battery management system, a notification that the first string fuse is in a blown state is disclosed by “Min US 20220334189”, [0060], [0063], [0064], [0093], [0127], [0128], [0194]; and “Kim US 20020011935”, [0002], [0009], [0012], [0021], [0022], [0025].
The claim, therefore, is not patent eligible.
Independent claims 19 and 20 recite subject matter that are similar or analogous to that of claim 1, and therefore, the claims are also patent ineligible.
With regards to the dependent claims, claims 2-17 provide additional features/steps which are considered part of an expanded abstract idea of the independent claims, and do not integrate the abstract ideas into a practical application.
The dependent claims are, therefore, also not eligible.
Examiner' s Note
Regarding Claims 1-17, and 19-20, the most pertinent prior arts are “Min US 20220334189”, “Kim US 20020011935”, “Pannwitz US 20030025480”, “Yamaguchi US 20130141828”, “Isshiki US 20170366005”, and “Douglass US 20180306852.
As to claims 1, and 19-20, Min teaches a first string comprising: a first string fuse (Min, FIG. 1, Fuse 20, [0010]);
at least one parallel arrangement comprising a battery cell and a resistor, wherein the at least one parallel arrangement is configured to be changeable between (Min, FIG. 1, battery cell 10 and resistor 32 are in parallel when switch 31 is closed, [0029], [0030]):
a connected state wherein the resistor is connected in parallel to the battery cell (Min, FIG. 1, battery cell 10 and resistor 32 are in parallel when switch 31 is closed, [0030], [0063]); and
a disconnected state wherein the resistor is disconnected from the battery cell (Min, FIG. 1, battery cell 10 and resistor 32 are in parallel when switch 31 is open, [0020], [0071]); and
a first ammeter, wherein the first string fuse, the at least one parallel arrangement and the first ammeter are connected in series (Min, FIG. 1 shows that monitoring unit 100 or ammeter and fuse 20 and are connected in series, and the monitoring unit 100 or ammeter and the battery cell are connected in parallel arrangement); and
measuring, via the first ammeter under control of the battery management system, a first current passing through the first string using the first ammeter during a first time period after the at least one parallel arrangement is changed to the connected state (Min, [0010], [0021], [0032], [0057], [0058], [0194]);
determining , via the battery management system, whether a change in the first current during the first time period is greater than a threshold current change (Min, [0010], [0022], [0127], [0128], [0194]); and
in an event that the change in the first current during the first time period does not exceed the threshold current change, providing, via the battery management system, a notification that the first string fuse is in a blown state (Min, [0010], [0022], [0127], [0128], [0194]).
Pannwitz teaches wherein in an event that the change in the first current during the first time period is greater than the threshold current change, the battery management system determines , the first string fuse is intact (Pannwitz, [0010], [0026], [0027], [0194], Claim 1).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “the method being carried out by a battery management system operatively coupled with the first ammeter and to a controllable switch of the at least one parallel arrangement”, and
“comprising determining a state of the first string fuse by: changing the at least one parallel arrangement of the first string to the connected state by actuating the controllable switch via the battery management system’’;
“a second string connected in parallel to the first string, the second string comprising at least one battery cell” including all limitations as claimed.
Dependent claims 2-17 are also distinguish over the prior art for at least the same reason as claim 1.
Examiner notes, however, that claims 1-17, and 19-20 are rejected under 35 U.S.C. 101, therefore, not patent eligible.
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 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.
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/LAL CE MANG/Examiner, Art Unit 2857