Prosecution Insights
Last updated: April 19, 2026
Application No. 18/273,234

DIAGNOSTIC APPARATUS, DIAGNOSTIC METHOD, AND NON-TRANSITORY STORAGE MEDIUM

Non-Final OA §101§102
Filed
Jul 19, 2023
Examiner
LAU, TUNG S
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Insurtap Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
97%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
921 granted / 1112 resolved
+14.8% vs TC avg
Moderate +14% lift
Without
With
+14.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
38 currently pending
Career history
1150
Total Applications
across all art units

Statute-Specific Performance

§101
20.9%
-19.1% vs TC avg
§103
23.1%
-16.9% vs TC avg
§102
27.9%
-12.1% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1112 resolved cases

Office Action

§101 §102
CTNF 18/273,234 CTNF 79015 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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 Claims status Claims 1-11 are pending as the applicant filed Preliminary Amendment on 07/19/2023. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 diagnostic apparatus comprising: at least one memory configured to store one or more instructions; and at least one processor configured to execute the one or more instructions to diagnose a state of health of a power storage apparatus based on an item value that is a difference between a reference value and an open-circuit voltage, the reference value being obtained by subtracting an open-circuit potential of a negative electrode of the power storage apparatus from an open-circuit potential of a positive electrode of the power storage apparatus (equivalent of diagnose a potential difference in a battery open circuit voltage) 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 element of the additional elements of a memory configured to store instructions and a processor configured to execute instructions, however these elements merely amount to a general purpose computer used to apply the abstract idea in a technological environment and therefore fail to integrate into a practical application or amount to significantly more. See MPEP 2106.05(f)” 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 10, 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 diagnostic method comprising, via a computer: diagnosing a state of health of a power storage apparatus based on an item value that is a difference between a reference value and an open-circuit voltage, the reference value being obtained by subtracting an open-circuit potential of a negative electrode of the power storage apparatus from an open-circuit potential of a positive electrode of the power storage apparatus (equivalent of diagnose a potential difference in a battery open circuit voltage) 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? there is no more additional elements. 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 10 not eligible. Claim 11, 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 diagnose a state of health of a power storage apparatus based on an item value that is a difference between a reference value and an open-circuit voltage, the reference value being obtained by subtracting an open-circuit potential of a negative electrode of the power storage apparatus from an open-circuit potential of a positive electrode of the power storage apparatus (equivalent of diagnose a potential difference in a battery open circuit voltage) 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 element of a Non-transitory storage medium storing a program causing a computer to these elements merely amount to a general purpose computer used to apply the abstract idea in a technological environment and therefore fail to integrate into a practical application or amount to significantly more. See MPEP 2106.05(f) 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 11 not eligible. Claim 2, related to the processor is further configured to execute the one or more instructions to computes the open-circuit potential of the positive electrode of the power storage apparatus at the time the open-circuit voltage is measured, based on positive electrode open-circuit potential information indicating a relationship between a state of charge of the positive electrode of the power storage apparatus and the open-circuit potential of the positive electrode of the power storage apparatus, compute the open-circuit potential of the negative electrode of the power storage apparatus at the time the open-circuit voltage is measured, based on negative electrode open-circuit potential information indicating a relationship between a state of charge of the negative electrode of the power storage apparatus and the open-circuit potential of the negative electrode of the power storage apparatus, and compute the reference value based on results of the computation which merely recite further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible. Claim 3, related to the processor is further configured to execute the one or more instructions to compute the state of charge of the positive electrode of the power storage apparatus based on positive and negative electrode deviation, a positive electrode capacity, and a charge amount of the negative electrode of the power storage apparatus which merely recite further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible. Claim 4, related to PNG media_image1.png 20 446 media_image1.png Greyscale PNG media_image2.png 128 568 media_image2.png Greyscale which merely recite further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible. Claim 5, related to compute the state of charge of the negative electrode of the power storage apparatus based on a negative electrode capacity and a charge amount of the negative electrode of the power storage apparatus which recite further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible. Claim 6, related to PNG media_image3.png 28 456 media_image3.png Greyscale PNG media_image4.png 124 558 media_image4.png Greyscale which recite further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible. Claim 7, related to PNG media_image5.png 98 556 media_image5.png Greyscale PNG media_image6.png 520 596 media_image6.png Greyscale which recite further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible. Claim 8, related to wherein measurement of the open-circuit voltage is performed for each cell a plurality of times under conditions in which SOCs of the power storage apparatus are different from each other, and wherein the processor is further configured to execute the one or more instructions to diagnose the state of health of the power storage apparatus based on the item value of each cell and each measurement which recite further data characterization and mathematical concepts that are part of the abstract idea, claim 8 not eligible. Claim 9, related to compute a sum of squares of the item values of a plurality of times of measurement for each cell as a cell-specific evaluation value, and diagnoses compute a sum of squares of the item values of a plurality of times of measurement for each cell as a cell-specific evaluation value, and diagnose the state of health of the power storage apparatus based on a sum of the cell-specific evaluation values of a plurality of cell the state of health of the power storage apparatus based on a sum of the cell-specific evaluation values of a plurality of cells which recite further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim (s) 1, 10, 11, 2, 3, 5, and 8 are rejected under 35 U.S.C. 102 ( a) (1 ) as being anticipated by Frost, CN 104142477 B, Date Published: 2017-08-25, CPC B 60 L 58/12 Regarding claim 1: Frost described a diagnostic apparatus comprising (abstract) : at least one memory configured to store one or more instructions; and at least one processor configured to execute the one or more instructions to (page 9, computer) : diagnose a state of health of a power storage apparatus based on an item value that is a difference between a reference value and an open-circuit voltage (0062, open circuit) , the reference value being obtained by subtracting an open-circuit potential of a negative electrode of the power storage apparatus from an open-circuit potential of a positive electrode of the power storage apparatus (0035, 0062, negative being a reference, fig. 1, unit 22, hysteresis use reference voltage to generate potential difference). Regarding claim 10: Frost described a diagnostic method comprising (abstract) , via a computer (page 9, computer) , diagnosing a state of health of a power storage apparatus based on an item value that is a difference between a reference value and an open-circuit voltage (0062, open circuit) , the reference value being obtained by subtracting an open-circuit potential of a negative electrode of the power storage apparatus from an open-circuit potential of a positive electrode of the power storage apparatus (0035, 0062, negative being a reference, fig. 1, unit 22, hysteresis use reference voltage to generate potential difference). Regarding claim 11: Frost described a non-transitory storage medium storing a program causing a computer (page 9, computer) to diagnose a state of health of a power storage apparatus based on an item value that is a difference between a reference value and an open-circuit voltage (0062, open circuit) , the reference value being obtained by subtracting an open-circuit potential of a negative electrode of the power storage apparatus from an open-circuit potential of a positive electrode of the power storage apparatus (0035, 0062, negative being a reference, fig. 1, unit 22, hysteresis use reference voltage to generate potential difference). Regarding claim 2, Frost described the processor is further configured to execute the one or more instructions to compute the open-circuit potential of the positive electrode of the power storage apparatus at the time the open-circuit voltage is measured (0062, open circuit) , based on positive electrode open-circuit potential information indicating a relationship between a state of charge of the positive electrode of the power storage apparatus and the open-circuit potential of the positive electrode of the power storage apparatus (0062, open circuit with positive electrode and negative as reference) ,computes compute the open-circuit potential of the negative electrode of the power storage apparatus at the time the open-circuit voltage is measured, based on negative electrode open-circuit potential information indicating a relationship between a state of charge of the negative electrode of the power storage apparatus and the open-circuit potential of the negative electrode of the power storage apparatus, and computes compute the reference value based on results of the computation (0062, fig. 1, open circuit with positive electrode and negative as reference) . Regarding claim 3, Frost described compute the state of charge of the positive electrode of the power storage apparatus based on positive and negative electrode deviation, a positive electrode capacity, and a charge amount of the negative electrode of the power storage apparatus (0062, fig. 1, circuit with positive electrode and negative as reference, unit 22) . Regarding claim 5, Frost described compute the state of charge of the negative electrode of the power storage apparatus based on a negative electrode capacity and a charge amount of the negative electrode of the power storage apparatus (0005-0007, state of charge). Regarding claim 8, Frost described measurement of the open-circuit voltage is performed for each cell a plurality of times under conditions in which SOCs of the power storage apparatus are different from each other (0062, open circuit with others different level after filtered) , and wherein the processor is further configured to execute the one or more instructions to diagnose the state of health of the power storage apparatus based on the item value of each cell and each measurement (0063, state of charge) . Reasons for Overcoming the Prior Art Some specific limitation or formula and combination in claim 4, 6, 7, 9 in view of the independent claims as a whole appears not found in the prior art. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. 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 https://ppair- my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll- free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272- 1000. /TUNG S LAU/Primary Examiner, Art Unit 2857 Technology Center 2800 November 4, 2025 Application/Control Number: 18/273,234 Page 2 Art Unit: 2857 Application/Control Number: 18/273,234 Page 3 Art Unit: 2857 Application/Control Number: 18/273,234 Page 4 Art Unit: 2857 Application/Control Number: 18/273,234 Page 5 Art Unit: 2857 Application/Control Number: 18/273,234 Page 6 Art Unit: 2857 Application/Control Number: 18/273,234 Page 7 Art Unit: 2857 Application/Control Number: 18/273,234 Page 8 Art Unit: 2857 Application/Control Number: 18/273,234 Page 9 Art Unit: 2857 Application/Control Number: 18/273,234 Page 10 Art Unit: 2857 Application/Control Number: 18/273,234 Page 11 Art Unit: 2857 Application/Control Number: 18/273,234 Page 12 Art Unit: 2857
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Prosecution Timeline

Jul 19, 2023
Application Filed
Nov 04, 2025
Non-Final Rejection — §101, §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
83%
Grant Probability
97%
With Interview (+14.0%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 1112 resolved cases by this examiner. Grant probability derived from career allow rate.

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