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 (i.e., changing from AIA to pre-AIA ) 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
Preliminary Amendment
Preliminary Amendment filed on 07/20/2023 noted by the examiner, claims 1-11 are pending.
Claim Rejections - 35 USC § 112
2. 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 1-11 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 1-11, the terms “unstable” “critical” “criticality” “emergency” “risk” “risk reduction” “emergency service” are vague and a relative term that renders the claim indefinite. The terms “unstable” “critical” “criticality” “emergency” “risk” “risk reduction” “emergency service” are 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 “unstable” “critical” “criticality” “emergency” “risk” “risk reduction” “emergency service” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “unstable” “critical” “criticality” “emergency” “risk” “risk reduction” “emergency service” occur.
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.
Claim Rejections - 35 USC § 101
3. 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 1-11 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 detecting an unstable state of a vehicle battery, of an electrically powered vehicle, with at least the following method steps: the at least one traction battery is monitored by a battery monitoring unit, in the event that a critical, unstable state occurs, the battery monitoring unit informs a charging communication unit, provides information on the criticality of the current state of the vehicle via a communication interface to a charging communication unit installed on a charging location which 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 installed on the vehicle, ) the charging communication unit on the vehicle, an emergency measure register, initiation of measures to reduce the risk and/or danger is requested 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? there is no more additional elements. Step 2B: No. claim 1 not eligible.
Claim 2, wherein characterized in that according to c), the criticality of the current state of the vehicle is determined based on information about the overall criticality of the traction battery or the criticality of individual battery cells of the traction battery determined from vehicle-internal readings such as temperatures, voltages, pressures, determination of deformations of at least one battery cell of the traction battery extended readings of the battery of the traction battery the detection of gases or liquids exiting a battery cell of the traction battery, and the detection of gases or particles caused by exothermic chemical remeasures in the traction battery.
Claim 3, characterized in that, according to d), the initiation of measures to reduce the risk and/or danger is requested at the coordinator by the communication unit on a charging location.
Claim 4, wherein to characterized in that, according to d), the initiation of measures for risk and/or risk reduction is requested at the coordinator by a management of a charging unit.
Claim 5. wherein characterized in that the coordinator triggers an emergency service.
Claim 6 characterized in that the coordinator triggers a review of all vehicle-relevant information that is performed automatically or by a service person.
Claim 7 wherein characterized in that the review of the vehicle-relevant information is carried out by a service person, a fire department, or via sensors, in particular vehicle cameras, vehicle temperature sensors, or fire or smoke detectors.
Claim 8, where in characterized in that all vehicle-relevant information of the vehicle is reviewed via a remote diagnostic unit in the vehicle, which is addressed via a management of the manufacturer of the vehicle.
Claim 9, characterized in that an independent, vehicle-external review of the state of the vehicle is initiated by the management of the charging points.
Claim 10, wherein characterized in that an independent, vehicle-external review of the state of the vehicle is initiated by a management of the vehicle manufacturer.
Claim 11, for detecting a critical and/or unstable state of at least one traction battery of an electrically powered vehicle.
The claim 2-11 appear recite further data characterization and mathematical concepts that are part of the abstract idea, claims 2-11 not eligible as well.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-11 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Lu, CN 104684337, DATE PUBLISHED: 2017-12-22, CPC H05K 7/20409.
Regarding claim 1:
Lu described a method for detecting an unstable state of a vehicle battery, of an electrically powered vehicle (page 2, Electric vehicle), with at least the following method steps: a) the at least one traction battery is monitored by a battery monitoring unit (page 2, for electric vehicle power battery, motor, control system, the vehicle-loaded charging), b) in the event that a critical (page 3, critical?), unstable state occurs, the battery monitoring unit informs a charging communication unit installed on the vehicle (page 2, charging device and vehicle-mounted charger OBCM page 13, deformation due to uneven pressure occur?), c) the charging communication unit on the vehicle provides information on the criticality of the current state of the vehicle (page 3, battery management system) via a communication interface to a charging communication unit installed on a charging location (page 2, charging device and vehicle-mounted charger OBCM page 13, deformation due to uneven pressure occur?), and d) in a coordinator, which comprises an emergency measure register, initiation of measures to reduce the risk and/or danger is requested (page 3, electronic device provided by the invention and the assembling method thereof, which can be applied to all electronic device
to reduce the risk of electronic component failure, increase the service life of the electronic component).
Regarding claim 2, Lu further described wherein characterized in that,according to c), the criticality of the current state of the vehicle is determined based on information about the overall criticality of the traction battery (page 3, electronic device provided by the invention and the assembling method thereof, which can be applied to all electronic device to reduce the risk of electronic component failure, increase the service life of the electronic component) or the criticality of individual battery cells of the traction battery determined from vehicle-internal readings such as temperatures, voltages, pressures, determination of deformations of at least one battery cell of the traction battery extended readings of the battery cells (for example, cell pressures, determining the current cell expansion) of the traction battery the detection of gases or liquids exiting a battery cell of the traction battery, and the detection of gases or particles caused by exothermic chemical remeasures in the traction battery
Regarding claim 3, Lu further described characterized in that, according to d), the initiation of measures to reduce the risk and/or danger is requested at the coordinator by the communication unit on a charging location (page 3,
battery management system BMS Keeping real-time interactive communication. vehicle-mounted charger comprehensive performance).
Regarding claim 4, Lu further described characterized in that, according to d), the initiation of measures for risk and/or risk reduction is requested at the coordinator by a management of a charging unit (page 3, BMS with battery pack so as to reduce the risk of electronic component failure).
Regarding claim 5, Lu further described characterized in that the coordinator triggers an emergency service (page 3, BMS increase the service life of the electronic component).
Regarding claim 6, Lu further described characterized in that the coordinator (30) triggers a review of all vehicle-relevant information that is performed automatically or by a service person (page 13, protected by
range defined by the standard as automated).
Regarding claim 7, Lu further described wherein characterized in that the review of the vehicle-relevant information is carried out by a service person, a fire department, or via sensors (page 3, electromagnetic sensing module), in particular vehicle cameras, vehicle temperature sensors, or fire or smoke detectors.
Regarding claim 8, Lu further described, wherein characterized in that all vehicle-relevant information of the vehicle is reviewed via a remote diagnostic unit in the vehicle, which is addressed via a management of the manufacturer of the vehicle (fig. 11, page 3, 11, BSM in assembly remote temperature detection).
Regarding claim 9, Lu further described characterized in that an independent, vehicle-external review of the state of the vehicle is initiated by the management of the charging points (page 3, BSM check on charging, page 13, fig. 8, externa deformed?).
Regarding claim 10, Lu further described characterized in that an independent, vehicle-external review of the state of the vehicle is initiated by a management of the vehicle manufacturer (page 3, BSM check on charging, page 13, fig. 8, externa deformed?).
Regarding claim 11, Lu further described detecting a critical and/or unstable state of at least one traction battery of an electrically powered vehicle (page 3, 13, battery of electric car, deformed?)
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
December 15, 2025