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 .
The amendment filed on June 18, 2026 has been considered.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "70" and "71" have both been used to designate “Server Side Acquisition Unit” (Figs. 3, 10, 13), reference characters “74” and “71” have both been used to designate “Terminal Output Information Generating Unit” (Figs. 3, 10, and 13), reference characters “72” and “71” have both been used to designate “Determination Processing Unit” (Figs. 3, 10, and 13), reference characters “76” and “73” have both been used to designate “Server Side Storage Unit” (Figs. 3, 10, and 13).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “71” has been used to designate “Server Side Acquisition Unit” (Figs. 3, 10, 13), “Terminal Output Information Generating Unit” (Figs. 3, 10, and 13), “Determination Processing Unit” (Figs. 3, 10, and 13).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Examiner’s Note
Examiner interprets that in claim 2, “create output information indicative of the incentive value and temperature management of the battery during the non-usage and transmit the output information to a terminal of a business operator so as to present a service corresponding to the incentive value and information to prompt temperature management of the battery during the non-usage” (lines 32-36) is not based on “store a temperature during a first usage in which discharging prior to the non-usage was carried out, a temperature during the non-usage, and a temperature during a second usage in which discharging after the non-usage was carried out in an associated manner using the identity information” (lines 23-27).
Claim Rejections - 35 USC § 112
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.
Claim 2 and 11-13 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 2, “transmit the output information (incentive value) to a terminal of a business operator … to prompt temperature management of the battery during the non-usage” (lines 32-36) is not disclosed in the original disclosure. For example, the original specification discloses “calculates the incentive value of the entirety of one or more batteries 14 that are used by the user U during the usage period” (paragraph 0068, liners 9-13). The original specification further discloses “the temperature monitoring device 10, 10A, or 10B can prompt the user U to be made aware of the temperature management of the battery 14 during non-usage thereof, and it becomes possible to suppress deterioration of the battery 14” (paragraph 0107, lines 8-10).
However, the paragraphs do not disclose “transmit the output information (incentive value) to a terminal of a business operator … to prompt temperature management of the battery during the non-usage”.
Note Regarding 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.
Pursuant to the 2019 Revised Patent Subject Matter Eligibility Guidance (MPEP 2106), the following analysis is made:
Under step 1 of the Guidance, the claims fall within a statutory category.
Under step 2A, prong 1, claim 2 recites an abstract idea of “determine whether or not the temperature during the non-usage lies within a predetermined temperature range” (mental process), “exclude from being a target of the temperature determination process, the temperature of the battery in an initial period from a starting time of the non-usage until a predetermined condition is satisfied” (mental process), “calculate an incentive value corresponding to an accumulated incentive period in the incentive information” (mathematical concept).
The mere nominal recitation of a generic processor (execution of processor) does not take the claim limitation out of the abstract idea (MPEP 2106.04(a)(2) (III)).
Under step 2A, prong 2, the abstract idea is integrated into a practical application including “create output information indicative of the incentive value and temperature management of the battery during the non-usage and transmit the output information to a terminal of a business operator so as to present a service corresponding to the incentive value and information to prompt temperature management of the battery during the non-usage” (MPEP 2106.05(b)).
Accordingly, claim 2 and its dependent claims 11-13 are patent eligible under 35 USC 101.
Prior Art Note
Claims 2 and 11-13 do not have a prior art rejection.
The combination as claimed wherein a temperature monitoring device comprising manage, as identity information in association with an acquired temperature of the battery, at least one piece of information of battery identification information in order to identify the battery, user identification information in order to identify a user who has used the battery, or equipment identification information in order to identify the equipment in which the battery is installed; and
store in association with each other, using the identity information, a temperature during a first usage in which discharging prior to the non-usage was carried out, a temperature during the non-usage, and a temperature during a second usage in which discharging after the non-usage was carried out (claim 2) is not disclosed, suggested, or made obvious by the prior art of record.
Response to Arguments
Applicant's arguments filed on June 18, 2026 have been fully considered.
Applicant’s arguments and amendments with respect to the drawing objection(s) have been fully considered and are persuasive. Therefore, the drawing objections have been withdrawn. However, upon further consideration the amendments, new drawing objections are made, as discussed above.
Applicant’s arguments and amendment with respect to the claim objection have been fully considered and are persuasive. The claim objection has been withdrawn.
Applicant’s arguments and amendment with respect to the rejection under 35 USC 112(b) have been fully considered and are persuasive. The rejection under 35 USC 112(b) has been withdrawn.
Applicant’s arguments and amendment with respect to the rejection under 35 USC 101 have been fully considered and are persuasive. The rejection under 35 USC 101 has been withdrawn.
Applicant’s arguments and amendment with respect to the rejection under 35 USC 103 have been fully considered and are persuasive. The rejections under 35 USC 103 have been withdrawn.
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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Nghiem whose telephone number is (571) 272-2277. The examiner can normally be reached on M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/MICHAEL P NGHIEM/Primary Examiner, Art Unit 2857 August 7, 2026
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