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 .
Information Disclosure Statement
The references cited in the IDS, submitted on 11/20/2025, have been considered.
Response to Amendment
The action is responsive to the Amendment filed on November 26, 2025. Claims 1 and 13 were amended. No claims were added or cancelled. Thus, claims 1-13 are pending.
Claim Rejections - 35 USC § 101 Non-Statutory
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 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Specifically, Claim 1 recites:
A battery monitoring apparatus, comprising a control circuit configured to: calculate a curvature corresponding to a preset state of charge (SOC) region in a differential profile representing a relationship between a differential voltage of a battery and the SOC of the battery, wherein the differential voltage represents a rate of change of a voltage of the battery relative to the SOC of the battery; compare the calculated curvature with a preset threshold curvature for the battery; and determine occurrence of lithium precipitation in the battery based on the comparison; and output a diagnosis code related to lithium precipitation based on the determined occurrence of lithium precipitation in the battery. The claim limitations in the abstract idea have been highlighted in bold; the remaining limitations are “additional elements.” Similar limitations comprise the abstract ideas of claim 13.
Under Step 1 of the analysis, claim 1 does belong to a statutory category, namely it is an apparatus claim. Likewise, claim 13 is a process claim.
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim., Under Step 2A, Prong One, the broadest reasonable interpretation of the steps recited in Claim 1 include at least one judicial exception, that being a mathematical process. This can be seen in the claimed process steps of “calculate a curvature corresponding to a preset state of charge (SOC) region in a differential profile representing a relationship between a differential voltage of a battery and the SOC of the battery…” (See, for example, FIGS. 1-2; pg. 9, ln 15, to pg. 10, ln 21, of the instant specification), “compare the calculated curvature with a preset threshold curvature for the battery…” (See, for example, , FIGS. 1-2; pg. 11, ln 4, to pg. 14, ln 19, of the instant specification), and “determine occurrence of lithium precipitation in the battery based on the comparison…” (See, for example, FIGS. 1-2; pg. 12, ln 5-11; FIG. 7; pg. 22, ln 1, to pg. 24, ln 17, of the instant specification), each of which encompasses mathematical concepts to determine occurrence of lithium precipitation in the battery, and therefore encompasses mathematical concepts. For example, when given the broadest reasonable interpretation in light of the specification, the steps of “calculate,” “compare,” and “determine” are performed using one are more algorithms (“when the control logic is implemented in software, the control unit 120 may be implemented as a set of program modules” for example, FIG. 1; pg. 12, ln 13.). Claim 13 recites analogous judicial exceptions.
In the alternative, each of the recited judicial exceptions may also be considered a mental process because it is merely a data evaluation including calculations, capable of being performed using a pen and paper. Under the broadest reasonable interpretation, consistent with the specification, a human user would be capable of calculating a curvature corresponding to a preset state of charge (SOC) region in a differential profile representing a relationship between a differential voltage of a battery and the SOC of the battery, wherein the differential voltage represents a rate of change of a voltage of the battery relative to the SOC of the battery, make a comparison of the calculated curvature with a preset threshold curvature for the battery, and determine occurrence of lithium precipitation in the battery based on the comparison, by pen and paper. While such calculations by pen and paper may be time consuming, they fall in the “mental processes” abstract idea grouping. Noting MPEP 2106.04(a)(2)(III) “MENTAL PROCESSES,” “The courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea.” CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). “‘[M]ental processes[] and abstract intellectual concepts are not patentable, as they are the basic tools of scientific and technological work.’" (quoting Benson, 409 U.S. at 67, 175 USPQ at 675)); Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978). Claim 13 recites similar abstract ideas.
In claim 1, the steps of: “calculate,” “compare,” and “determine” each fall within the mathematical concepts, and/or in the alternative grouping of abstract ideas. The recited process steps are considered together as a single abstract idea for further analysis. Claim 13 recites similar abstract ideas. (Step 2A, Prong One: YES).
Step 2A, Prong Two of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception(s) into a practical application of the exception. This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. 2019 PEG Section III(A)(2), 84 Fed. Reg. at 54-55.
Each of the process steps “calculate,” “compare,” and “determine” are recited as being performed by a computer (FIG. 1; pg. 12, ln 13, of the instant specification {See above.}). The computer is recited at a high level of generality (“control unit”). The computer is used as a tool to perform the generic computer functions of collecting data and performing the recited process steps The computer is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The recited process steps comprise an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978). It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of the controller does not affect this analysis. See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Claim 1 also recites the additional elements (equipment) of “a control circuit,” and “a battery,” (See, for example, FIGS. 1-2; pg. 8, ln 4-20, pg. 9, ln 15, to pg. 10, ln 21, of the instant specification), and data comprising “a differential voltage of a battery” and “SOC of the battery” (See, for example, FIGS. 1-2; pg. 9, ln 15, to pg. 10, ln 21, of the instant specification). However, these additional elements merely comprise generic conventional non-specific equipment, and computer hardware and software elements, and data/information, and is/are set forth at a highly generic level and each of which comprise an “insignificant extra-solution” activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978). Claim 13 recites analogous additional elements. Additionally, Applicant is thanked for their amendment to claim 1, as well as claim 13, which comprises the step of “output a diagnosis code related to lithium precipitation based on the determined occurrence of lithium precipitation in the battery.” However, the newly presented step merely comprises an “insignificant extra-solution” {post- solution} activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
The recited additional elements can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Noting MPEP 2106.04(d)(I): “It is notable that mere physicality or tangibility of an additional element or elements is not a relevant consideration in Step 2A Prong Two. As the Supreme Court explained in Alice Corp., mere physical or tangible implementation of an exception does not guarantee eligibility. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 573 U.S. 208, 224, 110 USPQ2d 1976, 1983-84 (2014) ("The fact that a computer ‘necessarily exist[s] in the physical, rather than purely conceptual, realm,’ is beside the point")”.
Thus, under Step 2A, Prong Two of the analysis, even when viewed in combination, these additional elements recited in claim 1, as well as claim 13, do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed method. For instance, nothing is done once the diagnosis code is output. The newly presented step of “output a diagnosis code related to lithium precipitation based on the determined occurrence of lithium precipitation in the battery” merely comprises an “insignificant extra-solution” {post- solution} activity(ies).
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above with respect to Step 2A Prong Two, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity (Claims 1, 13). Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document).
Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that claim 1, as well as claim 13, amount to significantly more than the abstract idea. Therefore, claim 1, as well as claim 13, is not patent eligible under 101.
With regards to the dependent claims, claims 2-12, provide additional features/steps which are part of an expanded algorithm, so these limitations should be considered part of an expanded abstract idea of the independent claims.
Response to Arguments
Applicant’s arguments filed on November 26, 2025 have been fully considered but are not persuasive. Applicant is thanked for their amendments and arguments which were presented in an effort to overcome the outstanding rejections under 35 U.S.C. 101. However, the rejection of claims 1-13 under 35 U.S.C. 101 persists.
In regard claims 1-13 rejected under 35 U.S.C. 101, Examiner’s position and supporting remarks are presented in the rejection above.
Applicant is thanked for their amendments to claim 1, as well as claim 13, which comprise the step of “output a diagnosis code related to lithium precipitation based on the determined occurrence of lithium precipitation in the battery.” However, the newly presented step merely comprises an “insignificant extra-solution” {post- solution} activity(ies). See MPEP 2106.05(g) “Insignificant Extra-Solution Activity,” Parker v. Flook, 437 U.S. 584, 588-89, 198 USPQ 193, 196 (1978).
Under Step 2A, Prong Two of the analysis, even when viewed in combination, these additional elements recited in claim 1, as well as claim 13, do not integrate the recited judicial exception into a practical application and the claim is directed to the judicial exception. No specific practical application is associated with the claimed method. For instance, nothing is done once the diagnosis code is output. The newly presented step of “output a diagnosis code related to lithium precipitation based on the determined occurrence of lithium precipitation in the battery” merely comprises an “insignificant extra-solution” {post- solution} activity(ies).
Under Step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as described above with respect to Step 2A Prong Two, merely amount to a general purpose computer system that attempts to apply the abstract idea in a technological environment, limiting the abstract idea to a particular field of use, and/or merely insignificant extra-solution activity (Claims 1, 13). Such insignificant extra-solution activity, e.g. data gathering and output, when re-evaluated under Step 2B is further found to be well-understood, routine, and conventional as evidenced by MPEP 2106.05(d)(II) (describing conventional activities that include transmitting and receiving data over a network, electronic recordkeeping, storing and retrieving information from memory, and electronically scanning or extracting data from a physical document).
Therefore, similarly the combination and arrangement of the above identified additional elements when analyzed under Step 2B also fails to necessitate a conclusion that claim 1, as well as claim 13, amount to significantly more than the abstract idea. Therefore, claim 1, as well as claim 13, is not patent eligible under 101.
Therefore, the rejection of the independent claims, claim 1, as well as claim 13, under 35 USC § 101 is maintained.
Similarly, the rejection of the dependent claims, claims 2-13, under 35 USC § 101 is maintained.
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 extension fee 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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/JEFFREY P AIELLO/Primary Examiner, Art Unit 2857