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 5/11/2026 has been entered and made record. This application contains 12 pending claims.
Claims 1, 7, 9, and 13 have been amended.
Claims 6, 8, 14, and 15 have been cancelled.
Response to Arguments
Applicant's arguments filed 5/11/2026 regarding claims rejections under 35 U.S.C. 103 in claims 1-16 have been fully considered but they are not persuasive.
The applicant argues on pages 8-11 of the remark filed on 5/11/2026 that “Applicant respectfully submits that the applied references do not teach or suggest the amended configuration in which the communication device receives state data from the BMS, selects failure-diagnosis data from that state data as first data, transmits the first data to the outside in a preset first period, and separately transmits second data collected for a specific time from the BMS to the outside in a preset second period. … None of the applied references are directed to solving this problem, nor do they disclose or suggest features that achieve the dual time period criteria and encrypted data transmission of a detected battery failure with the claimed split of data grouping. … However, Karner discloses in FIG. 4A, reproduced below, a battery 100 and monitor circuit 120 communicating with locally located remote device 414 and cloud services. Kamer does not show or describe a communication device receiving state data from a BMS, selecting failure-diagnosis data out of that BMS-received state data, and transmitting the selected first data outside in a preset first period. Suzuki does not cure these deficiencies. … Suzuki does NOT teach or suggest the above-noted features of independent claim 1. … But Kosugi does not cure the deficiencies of the applied references noted above. … Kosugi's measuring computer 90 is not the claimed communication device in the VPN/cloud/management-server architecture.”
The Examiner respectfully disagrees the applicant’s argument. Karner teaches that the battery monitor circuit senses, records, process, analyze, and communicate certain information from and/or about a battery such as date/time, voltage and temperature information from a battery, and transmit the voltage data and the temperature data to a remote device on a periodic basis (Karner, [0020], [0024], [0039], [0052]). Karner further teaches that the battery monitor circuit 120 analyzes the data and take actions, send notifications, and make determinations based on the data (Karner, [0059]). Karner also teaches that the remote device receives voltage, temperature , and time data from each battery monitor circuit 120 associated with each battery 100/200 of a plurality of batteries, and these batteries may be inactive or non–operational (Karner, [0063]). Therefore, Karner clearly teaches state of the batteries can be obtained from the battery monitor circuit which manages the batteries as a BMS. Moreover, Karner teaches that battery voltage, temperature data, and inactive or non-operational battery information may be transmitted to a remote device on a periodic basis (Karner, [0039], [0063]). Hence, inactive or non-operational battery information or failure information can be transmitted on a periodic basis which would include a first period.
Karner teaches cloud based computing and storage service (Karner, [0047], [0055], [0094], [0096], [0103]), and communication among the parties may be accomplished through any suitable communication channels such as a virtual private network (VPN) (Karner, [0093]). Suzuki also teaches that the functions of the local control apparatus 360 may be provided by a cloud server provided on the Internet; and a local control apparatus controls a distributed power supply such as storage battery apparatus, solar cell apparatus, and fuel cell apparatus (Suzuki, [0020], [0083]).
Kosugi teaches that detection data are acquired from the battery management device at first time intervals or first period, send the acquired detection data or the calculated characteristic value of the cell or cell module to a control device at second time intervals or second period; and transmit the states of these assembled battery units to the gateway control device 60, control computer 80 and power conditioner 14. Detection data from the battery management device are acquired at first time intervals or first period from battery management device, and send the acquired detection data or the calculated characteristic value of the cell or cell module to an external control computer device at second time intervals or second period. The state data or second data of the battery that are collected at the first time intervals or a first period from the BMS are transmit to the outside at second time intervals or a preset second period (Kosugi, Col.2, Lines 50-56 and Col. 6, Lines 50-52; Claim 1).
Therefore, the combination of Karner, Suzuki, and Kosugi teaches the claims limitation of claim 1 as shown in the rejections below.
Independent claim 13 is not patent eligible for at least the reasons stated above with respect to claim 1.
Claims 2-11 and 14-16 depend from claims 1 and 13, respectively, and thus, the dependent claims 2-11, and 14-16 are also ineligible over the same reasons set forth in independent claims 1, and 13.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4-5, 7, 12-13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Karner (US 20190033393, hereinafter Karner) in view of Suzuki et al. (US 20200295391, hereinafter Suzuki), and further in view of Kosugi et al. (US 9885760B2, hereinafter Kosugi).
As to claims 1 and 13, Karner teaches obtain state data of a battery from a battery management system (BMS) ([0024] discloses the battery monitor circuit transmits the voltage data and the temperature data to the remote device (i.e., voltage and temperature data or state data of the battery can be received from the battery monitor circuit or BMS - emphasis added by Examiner); [0046] and [0063] disclose system 400 is disclosed for collecting and using data associated with each battery 100/200; and the remote device remotely receives voltage, temperature, and time data from each battery monitor circuit 120 associated with each battery 100/200 of a plurality of batteries, and these batteries may be inactive or non–operational (i.e., as shown in FIG. 4A, the system 400 includes monitor circuit 120 or BMS, and state information of the battery such as voltage, temperature, and time data, and inactive or non–operational battery information can be received from the monitor circuit 120 or BMS - emphasis added by Examiner)), and
transmit the state data of the battery to an outside ([0024] discloses the battery monitor circuit transmits the voltage data and the temperature data wirelessly via the antenna to the remote device; [0063] discloses the remote device remotely receives voltage, temperature, and time data from each battery monitor circuit 120 associated with each battery 100/200 of a plurality of batteries, and these batteries may be inactive or non–operational (i.e., the monitor circuit transmits state information of the battery such as voltage, temperature, and time data, and inactive or non–operational battery information to the remote device - emphasis added by Examiner));
a virtual private network (VPN) server configured to: receive the state data of the battery from the communication device through a first network ([0049], [0063], and [0093] disclose battery monitor circuit 120 sends temperature, voltage data, and inactive or non–operational battery information to the remote device and receive communications from the remote device, via the cellular network 418 to other networks; and electronic communication channels include virtual private network (VPN) (i.e., the VPN can be considered as a first network, and the VPN server receive the state data of the battery via the VPN network - emphasis added by Examiner)), and
transmit the state data of the battery to the outside through a second network ([0049] and [0063] disclose the battery monitor circuit 120 sends temperature, voltage data, and inactive or non–operational battery information to the remote device and receive communications from the remote device, via the cellular network 418 to other networks, such as the Internet (i.e., the internet can be considered as a second network - emphasis added by Examiner));
a cloud server configured receive the state data of the battery from the VPN server through the second network (FIG. 4A, [0049], [0055], and [0093] disclose voltage, temperature, and time data that convey information about the status of the battery are received and stored in a cloud system; and electronic communication channels include VPN (i.e., a cloud server receives the state data of the battery from the VPN server through the internet or the second network - emphasis added by Examiner)), and
transmit the state data of the battery to the outside through a third network (FIG. 4, [0050], [0051], and [0054] disclose data and/or instructions from the battery monitor circuit 120 may be communicated to a remote device in the remote portion 420, and the communications may be secured and/or encrypted, as desired, in order
to preserve the security thereof. The communication channels include a local area network (LAN) (i.e., LAN can be considered as a third network - emphasis added by Examiner)); and
received from the cloud server through the third network (FIG. 4A, [0055], and [0093] disclose network includes any cloud or cloud computing system, and voltage, temperature and time data are stored in a cloud-based system. The communication channels includes LAN (i.e., LAN can be considered as a third network - emphasis added by Examiner)).
wherein the communication device is further configured to; select, as first data, data about diagnosis information indicating a failure of the battery out of the state data of the battery, received from the BMS (FIGs. 4A and 4B, [0039], [0063] disclose system 400 communicates information regarding one or more batteries 100/200 to the BMS and the BMS may take action in response thereto, and voltage, temperature, and time data convey information about the status of a battery. The battery operating history matrix 450 in FIG. 4b shows a battery operated at a temperature less than 10° C, and/or a battery operated at a temperature range from 60° C to 70° C shows 0 voltage left, and thus, indicating a failure of the battery (i.e., diagnosis information or first data indicating a failure of the battery out of the state data of the battery - emphasis added by Examiner)), and
transmit the first data to the outside in a preset first period ([0039] and [0063] disclose battery voltage and temperature data may be transmitted to a remote device on a periodic basis (i.e., one of the periods can be assigned as a preset first period - emphasis added by Examiner)).
Karner does not explicitly teach a management server configured to manage the state data of the battery, received from the cloud server through the third network.
Suzuki teaches a management server configured to manage the state data of the battery, received from the cloud server through the third network (FIGs. 1 and 2, [0020], [0022] and [0083] disclose the power management server 200 transmits a control message of instructing a local control apparatus 360 provided in the facility 300 to control a distributed power supply such as storage battery apparatus, solar cell apparatus, and fuel cell apparatus; and as illustrated in FIG. 2, the facility 300 includes a router 500, and the router is connected to the power management server 200 via the network 120, and the router constitutes a local area network (i.e., the power management server controls or manages the state data of the battery through a local area network (LAN), and the LAN can be considered as a third network - emphasis added by Examiner) and is connected to each apparatus).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Suzuki into Karner for the purpose of securely communicating with a power management server via a network which provides a private line such as a VPN so that a controller can transmit and receive messages in response so as to instruct the equipment to set the operation in order to control electric power of a facility. This combination would improve in allocating and providing a storage amount of fuel to one or more facilities among plurality of facilities so that the storage amount of the fuel can be allocated based on a remaining charge of a storage battery apparatus.
Karner does not explicitly teach wherein the communication device is further configured to transmit second data, which is state data of the battery collected for a specific time from the BMS, to the outside in a preset second period.
Kosugi teaches wherein the communication device is further configured to transmit second data, which is state data of the battery collected for a specific time from the BMS, to the outside in a preset second period (Col.2, Lines 50-56 and Col. 6, Lines 50-52 discloses acquire detection data from the battery management device at first time intervals, send the acquired detection data or the calculated characteristic value of the cell or cell module to a control device at second time intervals; and transmit the states of these assembled battery units to the gateway control device 60, control computer 80 and power conditioner 14 (i.e., transmit the state data or second data of the battery collected for the first time intervals or a specific time to the outside at second time intervals or in a preset second period - emphasis added by Examiner); Claim 1 discloses acquire detection data from the battery management device at first time intervals battery management device, and send the acquired detection data or the calculated characteristic value of the cell or cell module to an external control computer device at second time intervals (i.e., transmit the state data or second data of the battery collected at the first time interval or a specific time from the BMS, and transmit the calculated characteristic value of the cell or cell module or state data of the battery to the outside at the second time intervals or in a preset second period - emphasis added by Examiner) and is connected to each apparatus)).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Kosugi into Karner in view of Suzuki for the purpose of estimating a degradation of a cell of a battery in order to avoid an operation of the system of the battery apparatus stops. This combination would improve in degradation diagnosis of plural secondary cells can be executed while the safety of the operation of the large-scale battery apparatus is being maintained.
As to claims 2 and 16, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claims 1 and 13, respectively.
Karner teaches wherein the communication device comprises a VPN client for creating an encrypted tunnel with the VPN server ([0050], [0052], and [0093] disclose the data may be received at a server; the communications may be secured and/or encrypted; and the electronic communication channels includes Internet and VPN.
Specific information related to the protocols, standards, and application software utilized in connection with the Internet is generally known (i.e., the application software is a VPN client and a VPN server acts as a gateway - emphasis added by Examiner)).
As to claim 4, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 1.
Karner teaches wherein the first network and the third network comprise a private network ([0093] discloses communication channels are VPN (i.e., the first network VPN is a private network - emphasis added by Examiner) and LAN (i.e., the third network LAN is a private network - emphasis added by Examiner)), and the second network comprises a public network ([0093] discloses the network is in the nature of a public network, such as the Internet).
As to claim 5, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 4.
Karner teaches wherein the first network comprises a VPN ([0093] discloses electronic communication channels include VPN (i.e., the VPN can be considered as the first network - emphasis added by Examiner)).
As to claim 7, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 1.
The combination Karner and Suzuki teaches does not explicitly teach wherein the first data comprises a diagnosis value calculated in the BMS to diagnose the failure of the battery.
Kosugi teaches wherein the first data comprises a diagnosis value calculated in the BMS to diagnose the failure of the battery (Col. 3, Lines 63-65; Col. 5, Lines 34-44; Col. 7, Lines 17-19; Col. 3, Lines 63-65; and Col. 9, Lines 20-24 disclose this measuring computer 90 acquires detection data such as voltages, temperatures, current, and SOC data obtained from the battery management device 44. The value of internal resistance is calculated by using the current value and voltage value of each accommodated cell or cell module at time intervals, and this internal resistance value can be used for degradation diagnosis. A description is given of a calculation function (degradation diagnosis) of the cell module circuit 30 by the measuring computer 90, and the battery management device 44 is implemented by a processor, for example, a CPU; and Abnormal degradation or an indication of a fault of a specific cell module can be detected (i.e., a battery management device which is a part of a CPU or computer diagnoses the failure of the battery - emphasis added by Examiner)).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Kosugi into Karner in view of Suzuki and Kosugi for the purpose of estimating a degradation of a cell of a battery in order to avoid an operation of the system of the battery apparatus stops. This combination would improve in degradation diagnosis of plural secondary cells can be executed while the safety of the operation of the large-scale battery apparatus is being maintained.
As to claim 12, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 1.
Karner teaches wherein the communication device is provided in plural (FIG. 4A shows communications devices such as cellular network 418, internet, TCP/IP, WLAN, over ethernet, WiFi, cellular radio, locally located remote device 414 that can be communicated through wired or wireless connection; [0085] discloses a computer system may also include a communications interface, examples of communications interface include a modem, a network interface (such as an Ethernet card), a communications port, a Personal Computer Memory Card International Association (PCMCIA) slot and card, etc. Software and data transferred via communications interface are in the form of signals, and these signals are provided to communications interface via a communications path (e.g., channel). This channel carries signals and may be implemented using wire, cable, fiber optics, a telephone line, a cellular link, a radio frequency (RF) link, wireless and other communications channels).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Karner, Suzuki, and Kosugi, in view of Peloso et al. (US 20170357280, hereinafter Peloso).
As to claim 3, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 2.
Karner teaches wherein the VPN server is configured to: receive the state data of the battery ([0050], [0052], and [0093] disclose the data may be received at a server; the communications may be secured and/or encrypted; and the electronic communication includes VPN), and
transmit the state data of the battery to the cloud server (FIG. 4A, and [0047] discloses the remote portion may further comprise cloud-based computing (i.e., transmit the state data of the battery to the cloud server - emphasis added by Examiner); and/or storage services, on-demand computing resources, or any suitable similar components).
Karner does not explicitly teach wherein the VPN server is configured to: receive the state data of the battery through the encrypted tunnel created by the VPN client.
Peloso teaches wherein the VPN server is configured to: receive the state data of the battery through the encrypted tunnel created by the VPN client ([0032] and [0034] disclose the database 100 can be encrypted via a VPN (Virtual Private Network) tunnel and can use a variety of VPN software and encryption cyphers, for example using OpenVPN for the tunnel and encrypted, and the database 100 is internally accessed on the server or with a VPN connection to the server 190. Measuring generation data, and a set of electrical load meters 121 are individually communicating through a secure VPN).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Peloso into Karner in view of Suzuki and Kosugi for the purpose of processing the measured time series data through an algorithm to derive a result, and encrypting the allocation time series data in order to keep sensitive data encrypted. This combination would optimize in keeping the data secured by encrypting via a VPN tunnel so that the database can only be accessed with a VPN connection to the server or internally on the server.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Karner, Suzuki, and Kosugi, in view of Park (US 20210349156, hereinafter Park).
As to claim 9, the combination of Karner, Suzuki, and Kosugi teaches the claimed limitations as discussed in claim 1.
The combination Karner, Suzuki, and Kosugi does not explicitly teach wherein the management server comprises a big data server configured to; store the state data of the battery, and store the second data.
Park teaches wherein the management server comprises a big data server configured to; store the state data of the battery, and store the second data (FIG. 1, [0023], and [0024] disclose a big data server 100 receiving vehicle driving related data generated from a vehicle 10, processing the received vehicle driving-related data, and generating and storing a factor related to an SOH of the battery mounted in the vehicle 10; and the big data server 100 may receive various types of data (i.e., one of the various types of data can be assigned as a second data - emphasis added by Examiner) generated from the vehicle 10 while the vehicle is in operation, process the received data, and generate and store analyzed data).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Park into Karner in view of Suzuki and Kosugi for the purpose of estimating an SOH of a vehicle battery using big data that is constructed through a big data server so that the SOH of the battery can be estimated regardless of a specific state or condition of the vehicle. This combination would optimize in utilizing information related to the SOH of the battery derived through a lot of data obtained from vehicles belonging to a group having similar battery-related information so that a reliability in estimating the SOH of the battery can be improved.
As to claim 10, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 1.
Karner does not explicitly teach the management server.
Suzuki teaches the management server ([0020] discloses “The power management server 200”).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Suzuki into Karner for the purpose of securely communicating with a power management server via a network which provides a private line such as a VPN so that a controller can transmit and receive messages in response so as to instruct the equipment to set the operation in order to control electric power of a facility. This combination would improve in allocating and providing a storage amount of fuel to one or more facilities among plurality of facilities so that the storage amount of the fuel can be allocated based on a remaining charge of a storage battery apparatus.
The combination of Karner and Suzuki does not explicitly teach wherein the management server comprises a web server configured to display state information of the battery to a user.
Park teaches wherein the management server comprises a web server configured to display state information of the battery to a user ([0056] and [0078] disclose information characterizing battery 100/200 can be input by into a web interface presented by a server; and the system for estimating an SOH of a battery using big data may display the estimated SOH of the battery in a display device or provide the information of the estimated SOH of the battery to driver's mobile device (i.e., a web interface presented by a server is web server, and the system of a web server would be able to display state information of the battery to a driver or user - emphasis added by Examiner)).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Park into Karner in view of Suzuki and Kosugi for the purpose of estimating an SOH of a vehicle battery using big data that is constructed through a big data server so that the SOH of the battery can be estimated regardless of a specific state or condition of the vehicle. This combination would optimize in utilizing information related to the SOH of the battery derived through a lot of data obtained from vehicles belonging to a group having similar battery-related information so that a reliability in estimating the SOH of the battery can be improved.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Karner, Suzuki, and Kosugi, in view of Towata (JP 2016091429A, hereinafter JP 2016091429A).
As to claim 11, the combination of Karner, Suzuki and Kosugi teaches the claimed limitations as discussed in claim 1.
Karner does not explicitly teach the management server.
Suzuki teaches the management server ([0020] discloses “The power management server 200”).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Suzuki into Karner for the purpose of securely communicating with a power management server via a network which provides a private line such as a VPN so that a controller can transmit and receive messages in response so as to instruct the equipment to set the operation in order to control electric power of a facility. This combination would improve in allocating and providing a storage amount of fuel to one or more facilities among plurality of facilities so that the storage amount of the fuel can be allocated based on a remaining charge of a storage battery apparatus.
The combination Karner and Suzuki does not explicitly teach wherein the management server comprises an extract, transform and load (ETL) server configured to; extract the state data of the battery, and transform the state data into an analyzable form.
Towata teaches wherein the management server comprises an extract, transform and load (ETL) server ([0012] discloses “The data accumulation server 102 accumulates data collected by the data collection server 103 and output data resulting from ETL performed by the ETL management server.”) configured to; extract the state data of the battery, and
transform the state data into an analyzable form ([0003] and [0020] disclose the processing includes removing invalid data from the data, correcting character codes, adding codes, normalizing, and standardizing formats, and such a processing is generally called ETL (Extract Transform Load). The schedule column indicates a schedule for each rule for periodically executing ETL, and it is preferable to set a schedule according to the frequency of data collection by the data collection server 103 so that the analyst can analyze data (i.e., the data is transformed and then, analyze it - emphasis added by Examiner) in real time as much as possible).
It would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to incorporate Towata into Karner in view of Suzuki and Kosugi for the purpose of compiling and analyzing an accumulated data in order to improve a quality of applications and devices and improve usability. This combination would improve in predicting failures, and always providing highly reliable data resulting from processing.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAL CE MANG whose telephone number is (571)272-0370. The examiner can normally be reached Monday to Friday- 8:30-12:00, 1:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine T Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAL CE MANG/Examiner, Art Unit 2857
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