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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) (IDS/IDSs) submitted on 4/27/2023 & 7/2/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the IDS/IDSs is/are being considered by the examiner.
Claim Rejections - 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.
Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent Claims
Step 1: Is the Claim to a Process, Machine, Manufacture or Composition of Matter?
Claims 1 & 14 and their dependents recite a method. Thus, these claims are to a process, which is one of the statutory categories of invention.
Claim 7 and their dependents recites a system. Thus, these claims are to a machine, which is one of the statutory categories of invention.
Step 2A: Prong One: Does the Claim Recite an Abstract Idea?
Claim 1 recites:
1. A method of estimating a battery parameter of a battery for a rest period of the battery, the method comprising:
based on determining that an intercalation flux of the battery satisfies a predetermined condition [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations], calculating an open circuit voltage (OCV) of the battery, wherein the OCV is calculated based on an initial voltage, a first time constant corresponding to a positive electrode of the battery, a second time constant corresponding to a negative electrode of the battery, a first constant, a second constant, and a value of a time variable for the rest period [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations]; and
estimating the battery parameter based on the calculated OCV of the battery [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Claim 7 recites the same limitations as claim 1, but adds processors, which are generic computer structures that serve to perform generic computer functions (making comparisons and calculations) that are well-understood, routine, and conventional activities known in the art. Therefore, the same analysis from claim 1 applies to claim 7 mutatis mutandis.
Claim 14 recites:
14. A method of determining an open circuit voltage (OCV) of a battery having a positive electrode and a negative electrode, the method comprising:
based on determining that an intercalation flux condition of the battery is met in association with a rest period of the battery [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations]:
determining an initial voltage of the rest period;
determining a positive electrode component based on a state of charge (SOC) of the positive electrode or an open circuit potential of the positive electrode;
determining a negative electrode component based on an SOC of the negative electrode or an open circuit potential of the negative electrode; and
determining the OCV of the battery based on the initial voltage, the positive electrode component, and the negative electrode component.
Step 2A: Prong Two: Does the Claim Recite Additional Elements That Integrate The Abstract Idea Into a Practical Application?
The elements that are not underlined above are the additional elements. Therefore, for claims 1 & 7, there are no additional elements.
The examiner finds that each of the following additional elements in claim 14 merely adds insignificant extra-solution activity to the abstract idea:
determining an initial voltage of the rest period; [the examiner finds these elements to be data gathering]
determining a positive electrode component based on a state of charge (SOC) of the positive electrode or an open circuit potential of the positive electrode; [the examiner finds these elements to be data gathering]
determining a negative electrode component based on an SOC of the negative electrode or an open circuit potential of the negative electrode; and [the examiner finds these elements to be data gathering]
determining the OCV of the battery based on the initial voltage, the positive electrode component, and the negative electrode component [the examiner finds these elements to be data gathering].
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually. For example, there is no indication that the combination of elements improves the functioning of a computer or improves any other technology.
Step 2B: Does the Claim Recite Additional Elements That Amount to Significantly More Than the Abstract Idea?
The examiner finds that the additional elements do not amount to significantly more than the abstract idea for the same reasons discussed above with respect to the conclusion that the additional elements do not integrate the abstract idea into a practical application.
Dependent Claims
Regarding claim 2, the additional limitation “calculating the first constant based on an open circuit potential at the positive electrode of the battery, a state of charge (SOC) at the positive electrode of the battery, and a maximum concentration of an intercalation metal of the battery at the positive electrode of the battery” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 3, the additional limitation “calculating the second constant based on an open circuit potential at the negative electrode of the battery, an SOC at the negative electrode of the battery, and a maximum concentration of an intercalation metal of the battery at the negative electrode of the battery” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 4, the additional element “method of claim 1, wherein the determining corresponds to the intercalation flux at a surface of each of the positive electrode and the negative electrode of the battery being equal to 0” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 5, the additional element “wherein the initial voltage of the battery is a voltage of the battery at the start of the rest period” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 6, the additional element “method of claim 1, wherein the battery parameter comprises a state of health (SOH) of the battery, an SOC of the battery, an electrochemical parameter of the battery, or a state of short (SOS) of the battery” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 8, the additional element “wherein the instructions are further configured to cause the one or more processors to estimate a battery parameter based on the calculated OCV of the battery” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 9, the additional element “wherein the first constant corresponds to the positive electrode of the battery, and wherein the instructions are further configured to cause the one or more processors to calculate the first constant based on an open circuit potential at the positive electrode of the battery, a state of charge (SOC) at the positive electrode of the battery, and a maximum concentration of an intercalation metal of the positive electrode” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 10, the additional element “wherein the second constant corresponds to the negative electrode of the battery, and wherein the calculation unit is further configured to calculate the second constant based on an open circuit potential at the negative electrode of the battery, an SOC at the negative electrode of the battery, and a maximum concentration of an intercalation metal of the negative electrode” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 11, the additional element “wherein the determining corresponds to the intercalation flux at a surface of each of the positive electrode and the negative electrode of the battery being equal to 0” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 12, the additional element “wherein the initial voltage of the battery is a voltage of the battery at an initial point in time of the rest period” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 13, the additional element “wherein the battery parameter comprises a state of health (SOH) of the battery, an SOC of the battery, electrochemical parameters of the battery, or a state of short (SOS) of the battery” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 15, the additional element “wherein the negative electrode component is determined based also on a maximum concentration of intercalation metal at the negative electrode, and wherein the positive electrode component is determined based also on a maximum concentration of intercalation metal at the positive electrode” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 16, the additional element “wherein the OCV is determined as a function of time for the rest period and wherein the OCV as a function of time models exponential voltage decay during the rest period” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 17, the additional element “wherein the method is performed by a battery management system that manages charging of the battery” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 18, the additional element “wherein the determining the OCV comprises adding the initial voltage, the negative electrode component, and the positive electrode component” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Regarding claim 19, the additional element “wherein the intercalation flux condition corresponds to 0 intercalation flux at both the positive and the negative electrodes” does not amount to significantly more than the abstract idea because it does no more than generally link the use of the abstract idea to a particular technological environment or field of use.
Regarding claim 20, the additional element “further comprising computing a battery parameter based on the OCV, wherein the battery parameter is either a state of health (SOH) of the battery, an SOC of the battery, an electrochemical parameter of the battery, or a state of short (SOS) of the battery” adds an additional abstract idea [Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations].
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 4-8, 11-14, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over United States Patent App. Pub. No. 20170052228 to Hariharan et al. in view of United States Patent App. Pub. No. 20150084639 to Joe.
Regarding claim 1, Hariharan teaches a method of estimating a battery parameter of a battery for a rest period of the battery, the method comprising:
calculating an open circuit voltage (OCV) of the battery (claim 1: “estimating an open circuit voltage of the battery based on an open current voltage model”), wherein the OCV is calculated based on an initial voltage (claim 1: “where the open current voltage model is defined by internal parameters that are derived from a battery voltage of the battery, a load current of the battery for a load, or a first SoC of the battery, or any combination thereof”); and
estimating the battery parameter based on the calculated OCV of the battery (claim 1: “estimating an open circuit voltage of the battery based on an open current voltage model”).
But Hariharan does not teach explicitly determining that an intercalation flux of the battery satisfies a predetermined condition; and a first time constant corresponding to a positive electrode of the battery, a second time constant corresponding to a negative electrode of the battery, a first constant, a second constant, and a value of a time variable for the rest period.
However, Joe teaches determining that an intercalation flux of the battery satisfies a predetermined condition (¶ [0007]); and a first time constant corresponding to a positive electrode of the battery (¶¶ [0105]-[0106]), a second time constant corresponding to a negative electrode of the battery (¶¶ [0108]-[0109]), a first constant, a second constant, and a value of a time variable for the rest period (time constants R+C+ & R-C).
It 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 to combine the intercalation flux determination and constants of Joe with the method of Hariharan in order to calculate battery health metrics based on direct measurements of the internal electrochemical state of the battery.
Regarding claim 4, Hariharan in view of Joe teaches the method of claim 1, and Joe further teaches wherein the determining corresponds to the intercalation flux at a surface of each of the positive electrode and the negative electrode of the battery being equal to 0 (¶ [0222]).
Regarding claim 5, Hariharan in view of Joe teaches the method of claim 1, and Joe further teaches wherein the initial voltage of the battery is a voltage of the battery at the start of the rest period (¶ [0230]).
Regarding claim 6, Hariharan in view of Joe teaches the method of claim 1, and Hariharan further teaches wherein the battery parameter comprises a state of health (SOH) of the battery, an SOC of the battery (Abstract), an electrochemical parameter of the battery, or a state of short (SOS) of the battery.
Regarding claim 7, Hariharan teaches a system for estimating a battery parameter for a rest period, the system comprising:
one or more processors (¶ [0071]);
memory storing instructions configured to, when executed by the one or more processors, cause the one or more processors to:
based on the determining, calculate an open circuit voltage (OCV) of the battery based on an initial voltage of the battery (claim 1: “where the open current voltage model is defined by internal parameters that are derived from a battery voltage of the battery, a load current of the battery for a load, or a first SoC of the battery, or any combination thereof”).
But does not teach explicitly determine whether an intercalation flux condition of a battery is satisfied; and a first time constant corresponding to a positive electrode of the battery, a second time constant corresponding to a negative electrode of the battery, a first constant, a second constant, and a value of a time variable.
However, Joe teaches determine whether an intercalation flux condition of a battery is satisfied (¶ [0007]); and a first time constant corresponding to a positive electrode of the battery (¶¶ [0105]-[0106]), a second time constant corresponding to a negative electrode of the battery (¶¶ [0108]-[0109]), a first constant, a second constant, and a value of a time variable (time constants R+C+ & R-C).
It 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 to combine the intercalation flux determination and constants of Joe with the system of Hariharan in order to calculate battery health metrics based on direct measurements of the internal electrochemical state of the battery.
Regarding claim 8, Hariharan in view of Joe teaches the system of claim 7, and Hariharan further teaches wherein the instructions are further configured to cause the one or more processors to estimate a battery parameter based on the calculated OCV of the battery (claim 1: “estimating an open circuit voltage of the battery based on an open current voltage model”).
Regarding claim 11, Hariharan in view of Joe teaches the system of claim 8, and Joe further teaches wherein the determining corresponds to the intercalation flux at a surface of each of the positive electrode and the negative electrode of the battery being equal to 0 (¶ [0222]).
Regarding claim 12, Hariharan in view of Joe teaches the system of claim 8, and Joe further teaches wherein the initial voltage of the battery is a voltage of the battery at an initial point in time of the rest period (¶ [0230]).
Regarding claim 13, Hariharan in view of Joe teaches the system of claim 8, and Hariharan further teaches wherein the battery parameter comprises a state of health (SOH) of the battery, an SOC of the battery (Abstract), electrochemical parameters of the battery, or a state of short (SOS) of the battery.
Regarding claim 14, Hariharan teaches a method of determining an open circuit voltage (OCV) of a battery having a positive electrode and a negative electrode, the method comprising:
determining an initial voltage of the rest period (claim 1: “where the open current voltage model is defined by internal parameters that are derived from a battery voltage of the battery, a load current of the battery for a load, or a first SoC of the battery, or any combination thereof”);
determining the OCV of the battery based on the initial voltage, the positive electrode component, and the negative electrode component (claim 1: “estimating an open circuit voltage of the battery based on an open current voltage model”).
But Hariharan does not teach explicitly based on determining that an intercalation flux condition of the battery is met in association with a rest period of the battery:
determining a positive electrode component based on a state of charge (SOC) of the positive electrode or an open circuit potential of the positive electrode;
determining a negative electrode component based on an SOC of the negative electrode or an open circuit potential of the negative electrode.
However, Joe teaches based on determining that an intercalation flux condition of the battery is met in association with a rest period of the battery (¶ [0007]):
determining a positive electrode component based on a state of charge (SOC) of the positive electrode or an open circuit potential of the positive electrode (¶¶ [0105]-[0106]);
determining a negative electrode component based on an SOC of the negative electrode or an open circuit potential of the negative electrode (¶¶ [0108]-[0109]).
It 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 to combine the intercalation flux determination and electrode component determinations of Joe with the method of Hariharan in order to calculate battery health metrics based on direct measurements of the internal electrochemical state of the battery.
Regarding claim 17, Hariharan in view of Joe teaches the method of claim 14, and Hariharan further teaches wherein the method is performed by a battery management system that manages charging of the battery (¶ [0076]).
Regarding claim 20, Hariharan in view of Joe teaches the method of claim 14, and Hariharan further teaches comprising computing a battery parameter based on the OCV, wherein the battery parameter is either a state of health (SOH) of the battery, an SOC of the battery (Abstract), an electrochemical parameter of the battery, or a state of short (SOS) of the battery.
Allowable Subject Matter
Claims 2, 3, 9, 10, 15, 16, 18, and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims pending the successful resolution of the § 101 rejections above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent App. Pub. No. 20210119464 to Kim et al. discloses a battery charging control method including inputting a preset magnitude of a current to a battery during a preset period of time, identifying a diffusion characteristic of a material in the battery, and determining whether to change the magnitude of the current to be input to the battery based on the identified diffusion characteristic of the material.
United States Patent No. 10566811 to Howey et al. discloses a method of estimating a battery state includes acquiring one or more parameters for estimating a present state of the battery based on a previous state of the battery.
United States Patent App. Pub. No. 20160274193 to Imaizumi discloses a battery remaining power predicting device including a voltage detection portion which measures a voltage and a temperature of a battery, a computing portion which predicts and calculates a remaining power of the battery, and a controller which controls the computing portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert P Alejnikov whose telephone number is (571)270-5164. The examiner can normally be reached 10:00a-6:00p M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen Vazquez, can be reached at 571.272.2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT P ALEJNIKOV JR/Examiner, Art Unit 2857
/ARLEEN M VAZQUEZ/Supervisory Patent Examiner, Art Unit 2857