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 1/7/2026 has been entered and made record. This application contains 1-10 pending claims.
Claims 1-2 have been amended.
Response to Arguments
Applicant’s arguments filed 1/7/2026 regarding claims rejections under 35 U.S.C. 101 in claim 1-10 have been fully considered but they are not persuasive.
The applicant argues on pages 7-8 of the remark filed on 1/7/2026 that “… Amended claim 1 discloses an estimation method applied to a state of health of a battery which is executed by a processor. The estimation method claimed in amended claim 1 is configured to determine whether to determine the state of health of the battery according to current depths of discharge (DOD) related to the battery charged at different stages. Thus, the estimation method claimed in amended claim 1 is a software task involves an underlying mathematical calculation or relationship. The amended claim 1 is only based on or involves a mathematical concept. … It is clearly that the features "The processor is connected to the battery and is configured to control the battery to recharge and determine the state of health of the battery" cannot be executed by human mind. Thus, the amended claims 1-10 do not recite a mental process. Accordingly, all pending claims are not directed to a judicial exception.”
The Examiner respectfully disagrees applicant’s argument. The steps of “executing a recharging to the battery when determines that a current battery voltage of the battery is lower than a threshold voltage”; “executing a battery state of health estimation procedure when determine that a current discharge of depth of the battery is less than or equal to a depth of discharge of a first detection point”; and “determining the state of health of the battery based on the accumulation of estimated DC internal resistances” are mathematical concepts, therefore, they are considered to be an abstract idea. The step of “determining a voltage difference between the current battery voltage corresponding to the current discharge of depth of the battery and the initial open circuit voltage corresponding to the current discharge of depth of the battery” is a combination of a mathematical concept and a mental process. A human mind can observe and evaluate of collected information of a result of comparison between the current battery voltage corresponding to the current discharge of depth of the battery and the initial open circuit voltage using a mathematical concept, and make determination, judgment and have opinion about a voltage difference. Thus, the claims are directed to an abstract idea.
Hence, the Examiner submits that the rejections of claims 1-10 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 1-10 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 “An estimation method applied to a state of health of a battery within a backup energy storage system, the backup energy storage system including a processor connected to the battery, the estimation method executed by the processor including:
establishing an initial open circuit voltage curve of the battery in advance;
executing, by the processor, a recharging to the battery when the processor determines that a current battery voltage of the battery is lower than a threshold voltage; and
executing, by the processor, a battery state of health estimation procedure when the processor determine that a current discharge of depth of the battery is less than or equal to a depth of discharge of a first detection point;
wherein the battery state of health estimation procedure including:
obtaining, by the processor, an initial open circuit voltage according to the current discharge of depth of the battery and the initial open circuit voltage curve;
determining, by the processor, a voltage difference between the current battery voltage corresponding to the current discharge of depth of the battery and the initial open circuit voltage corresponding to the current discharge of depth of the battery;
obtaining, by the processor, an accumulation of current sampled voltage differences according to the voltage differences between the depth of discharge of the first detection point and a depth of discharge of a second detection point, wherein the depth of discharge of the first detection point is greater than the depth of discharge of a second detection point;
obtaining, by the processor, an accumulation of estimated DC internal resistances according to the accumulation of current sampled voltage differences; and
determining, by the processor, the state of health of the battery based on the accumulation of estimated DC internal resistances.”
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 claim 1).
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 of “executing a recharging to the battery when the processor determines that a current battery voltage of the battery is lower than a threshold voltage”; and
“executing a battery state of health estimation procedure when the processor determine that a current discharge of depth of the battery is less than or equal to a depth of discharge of a first detection point”;
“determining the state of health of the battery based on the accumulation of estimated DC internal resistances” are mathematical concepts, therefore, they are considered to be an abstract idea.
The step of “determining a voltage difference between the current battery voltage corresponding to the current discharge of depth of the battery and the initial open circuit voltage corresponding to the current discharge of depth of the battery” is a combination of mathematical concept and mental process, therefore, it is considered to be an 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:
establishing an initial open circuit voltage curve of the battery in advance; wherein the battery state of health estimation procedure; obtaining, by the processor, an initial open circuit voltage according to the current discharge of depth of the battery and the initial open circuit voltage curve; obtaining, by the processor, an accumulation of current sampled voltage differences according to the voltage differences between the depth of discharge of the first detection point and a depth of discharge of a second detection point, wherein the depth of discharge of the first detection point is greater than the depth of discharge of a second detection point; obtaining, by the processor, an accumulation of estimated DC internal resistances according to the accumulation of current sampled voltage differences.
The additional elements “establishing an initial open circuit voltage curve of the battery in advance”; “wherein the battery state of health estimation procedure”; “obtaining, by the processor, an accumulation of current sampled voltage differences according to the voltage differences between the depth of discharge of the first detection point and a depth of discharge of a second detection point, wherein the depth of discharge of the first detection point is greater than the depth of discharge of a second detection point”; and “obtaining, by the processor, an accumulation of estimated DC internal resistances according to the accumulation of current sampled voltage differences” are not sufficient to integrate the abstract idea into a practical application because they only add insignificant extra-solution activities to the judicial exception. The additional element “obtaining, by the processor, an initial open circuit voltage according to the current discharge of depth of the battery and the initial open circuit voltage curve” is a necessary data gathering and does not integrate the limitation into a practical application. In addition, a generic processor is generally recited and therefore, not qualified as a particular machine.
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, obtaining an initial open circuit voltage according to the current discharge of depth of the battery and the initial open circuit voltage curve is considered necessary data gathering. As recited in MPEP section 2106.05(g), necessary data gathering (i.e., obtaining 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, obtaining an accumulation of estimated DC internal resistances according to the accumulation of current sampled voltage differences is disclosed by “Paryani US 20190283617”, Claim 7, Claim 14; and “Lim US 20210083295”, [0142].
The claim, therefore, is not patent eligible.
With regards to the dependent claims, claims 2-10 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 patent eligible.
Examiner' s Note
Regarding Claims 1-10, the most pertinent prior arts are “Akao US 20200107581”, “Hatano US 20210405120”, “Arai US 20150253389”, “Paryani US 20190283617”, “Lim US 20210083295”, “Rice US 20220357405”, “Park US 20170205468”, and “Li CN 108761343A”.
As to claim 1, Akao teaches establishing an initial open circuit voltage curve of the battery in advance (Akao, FIG. 3, #50; FIG. 21; [0034], [0233]);
executing, by the processor, a recharging to the battery when the processor determines that a current battery voltage of the battery is lower than a threshold voltage (Akao, [0203], [0204], FIG. 3, #50).
Hatano teaches wherein the battery state of health estimation procedure including: obtaining, by the processor, an initial open circuit voltage according to the current discharge of depth of the battery and the initial open circuit voltage curve (Hatano, [0040]; FIG. 15, #151).
Parynai teaches obtaining by the processor, an accumulation of estimated DC internal resistances according to by the accumulation of current sampled voltage differences (Parynai, Claim 7, [0039], [0044], Claim 14).
Rise teaches determining by the processor, the state of health of the battery based on the accumulation of estimated DC internal resistances (Rise, Abstract, [0004], [0024], FIG. 1, #114).
However, the prior arts of record, alone or in combination, do not fairly teach or suggest “executing, by the processor, a battery state of health estimation procedure by a battery state of health estimation program when the processor determine that a current discharge of depth of the battery is less than or equal to the depth of discharge of the first detection point”;
“determining, by the processor, a voltage difference between the current battery voltage corresponding to the current discharge of depth of the battery and the initial open circuit voltage corresponding to the current discharge of depth of the battery”;
“obtaining, by the processor, an accumulation of current sampled voltage differences according to the voltage differences between the depth of discharge of the first detection point and a depth of discharge of a second detection point, wherein the depth of discharge of the first detection point is greater than the depth of discharge of a second detection point” including all limitations as claimed.
Dependent claims 2-10 are also distinguish over the prior art for at least the same reason as claim 1.
Examiner notes, however, that claims 1-10 are rejected under 35 U.S.C. 101, and 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