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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 6-11, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, 2, 3, 6, 8, 16-19, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 1 recites at lines wherein the 16-20 “wherein the first measurement device is configured to perform, in the first period, measurement of a waveform such as a spectrum a plurality of times on the basis of the signal supplied from the signal input/output portion, wherein the waveform such as the spectrum obtained by the measurement comprises information derived from a material included in the secondary battery” render the claim indefinite as it is unclear whether the limitations “a spectrum a plurality of times on the basis of the signal supplied from the signal input/output portion” and “the spectrum obtained by the measurement comprises information derived from a material included in the secondary battery” are part of the claims. What is the relationship of the measurement of a waveform with spectrum of a plurality of times on the basis of the signal supplied from the signal input/output portion and what is the relationship of “the spectrum obtained by the measurement” and “the waveform” and “information derived from a material included in the secondary battery”. What is the relationship of “the waveform” and “information derived from a material included in the secondary battery”. The intended scope of the claim was unclear.
Claims 4, 5, and 7-11 depend from rejected claims 1 and 6 and therefore are also rejected.
Claim 20 depend from rejected claims 19 and 16 and therefore are also rejected.
Claims 18-20 are rejected as being dependent upon rejected claim 16.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1:
Claim 12 recites a battery evaluation method comprising: a first step of outputting a first signal …a second step…a third step… a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph” which is a process.
Step 2A, Prong Two: The claim is directed to an abstract idea as follows:
The steps recited in claim 12 may be carried out as a mental process if the algorithm is simple enough, and as a mathematical process if the algorithm is more complicated. Therefore, the claimed invention recites an abstract idea. Claim 1 recites mental processes that may be carried out in the human mind or with the aid of pencil and paper in simple situations, or by hardware processors, for more complicated situations.
The claimed invention thus recited as an abstract idea. Claim 1 recites mathematical concepts and/or mental processes, that may be carried out in human mind or with the aid of pencil and paper in simple situations. The claim does not recite a particular equation or algorithm for making the recited combining and performing steps, this just means that the abstract idea is being recited broadly enough to monopolize all possible equations or algorithms that might be used (Please also see MPEP 2106.04(a)(2)(III)(A), (B), (C), and (D).
The broadest reasonable interpretation of the steps is that those steps fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. See MPEP 2106.04(a)(2), subsection III.
Under BRI, the recited steps in claim 12 encompasses mental observations or evaluations. Such mental observations or evaluations falls within mental processes grouping of abstract ideas.
The “eighth step of calculating…” is a mathematical calculation.
Steps recited in claim 12 are not performed by any particular device.
Step 2A, Prong Two: Practical Application? No.
The recited steps provide nothing more than mere instructions such as obtaining signal causing either or both of charge and discharge of a secondary battery, generating graphs. Under BRI, the recited steps in claim 12 encompasses mental observations or evaluations.
The steps are merely data gathering.
The steps of outputting, generating graphs, and displaying represent extra solution activity because it is a mere nomial or tangential addition to the claim. See MPEP 2106.05(I) for more information on this point, including explanations from judicial decisions including Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 224-26 (2014). This limitation represents extra-solution activity because it is a mere nominal or tangential addition to the claim. See MPEP 2106.05(g), discussing limitations that the Federal Circuit has considered to be insignificant extra-solution activity, for instance the step of printing a menu that was generated through an abstract process in Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1241-42 (Fed. Cir. 2016) and the mere generic presentation of collected and analyzed data in Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354 (Fed. Cir. 2016).
The term “outputting, generating first graph, generating second graph, displaying” are generic which would not integrate the claim into a particular practical application. Further, outputting is at best the equivalent of merely adding the words “apply it” to the judicial exception. Mere instructions to apply an exception cannot provide an inventive concept.
The limitation “a sixth step of receiving a first area…from an input device” is merely data gathering. The input device is not a particular device.
The limitation “a ninth step of displaying…so that the calculated second area is superimposed on the other of the first graph and the second graph” is considered insignificant extra solution. The displaying represents extra solution as explained above. The “(superimposed) calculated second area” is considered insignificant extra solution. The claim does not impose any limits on how the data is superimposed and displayed or any particular components that are used to display or superimpose.
The claim does not provide details of how each step is carried out.
Claim 1 when viewed as a whole or in ordered combination does not provide meaningful limitations beyond generally linking the use of the judicial exception to a particular environment to transform the judicial exception into patent-eligible subject matter (see MPEP 2106.05(e)).
Per MPEP 2106.04(d)(1) and 2106.05(a), the claim as a whole does not provide an improvement to other technology or technical field. The claim limitations as recited when viewed as a whole do not include the components or steps of the invention that provide the improvement described in the specification.
Step 2B: the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception, for reasons that are analogous to the discussion of additional elements at Prong 2.
Claims 1 and 16 recite a system which do not offer a meaningful limitation beyond generally linking the system to a particular technological environment, that is, implementation via a charge, discharge device, an information processing device. In other words, system claims are no different from the method claim 12 in substance; the method claim recites the abstract idea while the system claims recite generic components configured to implement the same abstract idea. The claims do not amount to significantly more than the underlying abstract idea.
Dependent claims 2 and 3 add limitations which are data gathering merely extending the abstract idea without adding any additional limitations. The limitations are considered insignificant extra solution.
Dependent claim 4 adds a limitation which is data gathering merely extending the abstract idea without adding any additional limitations. The input device is used as a tool to perform the abstract idea. It is not a particular device.
Dependent claim 5 adds a limitation which is data gathering merely extending the abstract idea without adding any additional limitations.
Dependent claim 6 adds a limitation which is data gathering merely extending the abstract idea without adding any additional limitations.
Dependent claim 7 adds a limitation which is data gathering merely extending the abstract idea without adding any additional limitations. The displayed first graph is extra solution.
Dependent claims 8 and 9 add limitations which are data/data gathering merely extending the abstract idea without adding any additional limitations.
Dependent claim 10 adds a limitation, “wherein the information processing device comprises an input device, and wherein the input device is configured to receive….”. The processing device and the input device are not a particular device. They are merely tools used to perform the abstract idea.
Dependent claim 11 adds “wherein the arithmetic portion…display portion…and the third graph is a graph showing a relation between a value obtained by differentiating capacity of the secondary battery…” which is merely data gathering and mathematical calculations. The portions as recited are not particular devices and are merely tools used to perform the abstract idea.
Dependent claim 13 recites a non-transitory computer readable medium which does not offer a meaningful limitation beyond generally linking the apparatus to a particular technological environment, that is, implementation via a computer. In other words, the medium claim is no different from the method claim 12 in substance; the method claim recites the abstract idea while the medium claim recites generic components configured to implement the same abstract idea. The claims do not amount to significantly more than the underlying abstract idea.
Dependent claim 14 adds a limitation “wherein the first signal is output from the signal input/output portion to a charge and discharge device, and wherein the second signal is output from the signal input/output portion to an X-ray diffraction device”, which is data gathering merely extending the abstract idea without adding any additional elements. The recited I/O portion and X-ray diffraction device are not particular devices and merely are tools used to perform the abstract idea.
Dependent claim 15 adds a limitation which is data gathering merely extending the abstract idea without adding any additional elements.
Dependent claims 17-20 add limitations which are data gathering merely extending the abstract idea without adding any additional elements. The graphs represent insignificant extra solution.
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 1-4 and 6-10, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Ochiai et al. (USPAP. 20180013130) (submitted by Applicants) (hereinafter “Ochiai”) and Zhang et al., “Trace doping of multiple elements enables stables battery cycling of LiCoO2 at 4.6V”, VOL 4, July 2019, Pages 594-603, (submitted by Applicants) (hereinafter “Zhang”).
Regarding claim 1, as best understood, Ochiai discloses a battery evaluation system comprising:
a charge and discharge device (Abstract);
a first measurement device; and an information processing device (see charge discharge control circuit as an exemplary device in Fig. 25C), wherein the information processing device comprises an arithmetic portion, a signal input/output portion, and a display portion (see display as shown at Pars. 472-474; also see display portion 9631 at Fig. 25B), wherein the signal input/output portion is configured to supply a signal to each of the charge and discharge device and the first measurement device, wherein the charge and discharge device is configured to perform, in a first period, either or both of charge of a secondary battery and discharge of the secondary battery on the basis of the signal supplied from the signal input/output portion (see Pars. 52 and 53: method of charging and discharging a secondary battery), wherein the charge and discharge device is configured to measure a voltage of the secondary battery, wherein the first measurement device is configured to perform, in the first period, measurement of a waveform such as a spectrum (energy spectrum at Par. 153)a plurality of times on the basis of the signal supplied from the signal input/output portion, wherein the waveform such as the spectrum obtained by the measurement comprises information derived from a material included in the secondary battery (see Fig. 9D for a graph showing voltage and current measured at charge and discharge),
Ochiai does not explicitly disclose “wherein the arithmetic portion is configured to generate a first graph using the plurality of measured waveforms such as the spectra, wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, wherein the display portion is configured to display the first graph and the second graph at the same time, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to display a second area corresponding to the first area in the other of the first graph and the second graph.”
Zhang teaches “wherein the arithmetic portion is configured to generate a first graph using the plurality of measured waveforms such as the spectra, wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, wherein the display portion is configured to display the first graph and the second graph at the same time, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to display a second area corresponding to the first area in the other of the first graph and the second graph (Page 600: XRD method, characterization and measurements were recorded with a spectrometer. The XRD patterns were collected with an interval of 40 minutes for each 2Theta on charging and discharging at a current rate. See Fig. 3 at Page 598 for first and second graphs).
It would have been obvious to one of ordinary skilled in the art at the time of filling the Application to modify Ochiai's invention using Zhang's invention to arrive at the claimed invention specified in claim to promote cycle stability (Zhang: Page 594).
Regarding claim 2, Ochiai and Zhang discloses everything as applied above (see claim 1). In addition, Ochiai discloses herein the waveform such as the spectrum is one selected from an X-ray diffraction spectrum, a Raman spectrum, an infrared spectrum, a XANES spectrum, an XPS spectrum (Zhang also teaches XPS spectra at Fig. 5d, Page 597, col. 2, last Paragraph), neutron diffraction data, data containing positional information observed with a laser microscope, and data containing positional information observed with an SSRM, and wherein the spectrum obtained by the spectrum measurement has a peak derived from the material included in the secondary battery (Ochiaii: Pars. 152, 153, 189, 191).
Regarding claim 4, Ochiaii and Zhang disclose everything as applied above. In addition, Ochiai teaches an input device as applied above in claim 1, but not “wherein the first area is set by data received from the input device”. Zhang teaches Page 600: XRD method, characterization and measurements were recorded with a spectrometer. The XRD patterns were collected with an interval of 40 minutes for each 2Theta on charging and discharging at a current rate. See Fig. 3 at Page 598 for first and second graphs.
It would have been obvious to one of ordinary skilled in the art at the time of filling the Application to modify Ochiai's invention using Zhang's invention to arrive at the claimed invention specified in claim to promote cycle stability (Zhang: Page 594).
Regarding claim 6, Ochiai and Zhang disclose everything as applied above. In addition, Zhang teaches wherein the measurement of the waveform such as the spectrum is X-ray diffraction spectrum measurement, wherein the first graph is a graph with a first variable on an x-axis, a second variable on a y-axis, and a third variable shown by color gradation of points on an xy plane (Figs. 3a and b), wherein the x-axis and the y-axis are orthogonal to each other in the first graph, wherein in the first graph, an X-ray diffraction spectrum is shown using a relation between the first variable and the third variable, the first variable corresponds to 2q, and the third variable corresponds to an intensity of the spectrum, and wherein the second variable corresponds to an ordinal number indicating how many times the X-ray diffraction spectrum has been measured (see Zhang: Page 598, Fig. 3).
Regarding claim 7, Ochiai and Zhang disclose everything as applied above. In addition, Zhang teaches wherein the first graph is displayed in grayscale or color (Zhang: Fig. 3).
Regarding claim 8, Ochiai and Zhang disclose everything as applied above. In addition, Zhang teaches wherein the measurement of the waveform such as the spectrum is X-ray diffraction spectrum measurement, wherein in the first graph, a plurality of X-ray diffraction spectra with 2q on an x-axis and a spectrum intensity on a y-axis are arranged in order of measurement with an offset provided in a direction of the y-axis, and wherein the x-axis and the y-axis are orthogonal to each other in the first graph (Zhang: Fig. 3).
Regarding claim 9, Ochiai and Zhang disclose everything as applied above. In addition, Zhang teaches wherein the second graph is a graph with the voltage on the x-axis and elapsed time from a start of the measurement, capacity of the secondary battery (Fig. 3c), or capacity normalized with weight or volume of a positive electrode active material on the y-axis, wherein the x-axis and the y-axis are orthogonal to each other in the second graph, and wherein the first graph and the second graph are arranged side by side in a direction of the x-axis so that the direction of the y-axis of the first graph and a direction of the y-axis of the second graph are the same on the display portion (Zhang: Figs. 3).
Regarding claim 10, Ochiai and Zhang disclose everything as applied above. In addition, Ochiai discloses wherein the information processing device comprises an input device, and wherein the input device is configured to receive either or both of charge conditions and discharge conditions of the secondary battery and to receive measurement conditions of the spectrum measurement (Ochiai: Abstract; and Fig. 13 for the circuit board 900 includes terminals and a circuit 912).
Ochiai and Zhang disclose everything as applied above. In addition, Zhang teaches wherein the arithmetic portion is configured to generate a third graph using a set of data comprising the voltage and the time at which the voltage has been measured, wherein the display portion is configured to display the third graph, and wherein the third graph is a graph showing a relation between a value obtained by differentiating capacity of the secondary battery with respect to the voltage and the voltage of the secondary battery (Zhang: Fig. 2e: voltage and cycle number).
Conclusion
Claims 3, 5, and 12-20 are, as best understood, patentably distinguishable over the prior art of record.
Ochiai et al. (USPAP. 20180013130) (submitted by Applicants) discloses providing a positive electrode active material which suppresses a reduction in capacity due to charge and discharge cycles when used in a lithium ion secondary battery that improves cycle characteristics of a secondary battery. Ochiai discloses a method of manufacturing positive electrode active material and secondary battery (Abstract; Pars. 10, 38,). Ochiai discloses graphs showing charge and discharge characteristics of a secondary battery containing a positive electrode active material (Figs. 50A-50C). However, Ochiai does not discloses “ a third step of generating a second graph using a set of data comprising a voltage of the secondary battery and time at which the voltage has been measured; a fifth step of displaying the first graph and the second graph on a display portion, a sixth step of receiving a first area in one of the first graph and the second graph from an input device; a seventh step of displaying the received first area on the display portion so that the received first area is superimposed on the one of the first graph and the second graph; an eighth step of calculating, by an arithmetic portion, a second area corresponding to an area of time at which data of the first area has been measured, which is set in the other of the first graph and the second graph; and a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph (claim 12)”, and “wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to set a second area corresponding to the first area in the other of the first graph and the second graph(claim 16).”
Momma et al. (USPAP. 2021/0313571) (submitted by Applicants) (Momma has a common Assignee and common inventor, Mikami, with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2)) (hereinafter Momma) discloses X-ray diffraction method to analyze crystal structure of a positive electrode active material. The positive electrode active material has a first diffraction peak at 2θ of greater than or equal to 19.10° and less than or equal to 19.50° and a second diffraction peak at 2θ of greater than or equal to 45.50° and less than or equal to 45.60° when a lithium-ion secondary battery using the positive electrode active material for a positive electrode and a lithium metal for a negative electrode is subjected to constant current charge at 25° C (Pars. 21, 22, 148, 149). However, Momma does not explicitly disclose “ a third step of generating a second graph using a set of data comprising a voltage of the secondary battery and time at which the voltage has been measured; a fifth step of displaying the first graph and the second graph on a display portion, a sixth step of receiving a first area in one of the first graph and the second graph from an input device; a seventh step of displaying the received first area on the display portion so that the received first area is superimposed on the one of the first graph and the second graph; an eighth step of calculating, by an arithmetic portion, a second area corresponding to an area of time at which data of the first area has been measured, which is set in the other of the first graph and the second graph; and a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph (claim 12)”, and “wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to set a second area corresponding to the first area in the other of the first graph and the second graph(claim 16).”
Saito et al. (USPAP. 20220131146) (Submitted by Applicants) (The applied prior art has a common Assignee and common inventor, Mikami, Tanemura, with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2)) discloses a secondary battery includes a positive electrode active material which exhibits a broad peak at around 4.55 V in a dQ/dVvsV curve obtained when the charge depth is increased. The broad peak at around 4.55 V in the dQ/dVvsV curve indicates that a change in the energy necessary for extraction of lithium at around the voltage is small and a change in the crystal structure is small. Accordingly, the positive electrode active material hardly suffers a shift in CoO.sub.2 layers and a volume change and is relatively stable even when the charge depth is large (Abstract). Saito et al. discloses a sample was subjected to STEM-EDX surface analysis before and after a charge and discharge cycle test. Saito et al. discloses STEM images and EDX mapping images before the charge and discharge cycle test (Par. 722). Fig. 44A1 shows STEM image in which an overall view of the LCO can be observed while Fig. 44A2 shows a higher magnification STEM ZA image of the portion denoted by the frame in FIG. 44A1. FIGS. 44A4, 44A5, and 44A6 are mapping images of cobalt, magnesium, and aluminum, respectively. Each mapping image shows the same region as FIG. 44A2 (Pars. 723-725). However, Saito et al. does not explicitly disclose “ a third step of generating a second graph using a set of data comprising a voltage of the secondary battery and time at which the voltage has been measured; a fifth step of displaying the first graph and the second graph on a display portion, a sixth step of receiving a first area in one of the first graph and the second graph from an input device; a seventh step of displaying the received first area on the display portion so that the received first area is superimposed on the one of the first graph and the second graph; an eighth step of calculating, by an arithmetic portion, a second area corresponding to an area of time at which data of the first area has been measured, which is set in the other of the first graph and the second graph; and a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph (claim 12)”, and “wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to set a second area corresponding to the first area in the other of the first graph and the second graph(claim 16).”
JP 2010169573 (Submitted by Applicants) discloses an X-ray analyzer that uses an X-ray detection means to detect an X-rays emitted from the sample when the sample is irradiated with X-rays and detects changes in characteristics that occur in the sample when the temperature around the sample is changed. JP 2010169573 discloses a display means for displaying both of the thermal analysis measurement conditions stored in the condition storage means as a graph on the screen of the image display device. An apparatus for simultaneous X-ray analysis and thermal analysis which graph is displayed at any time during at least one of the time when the measurements is not performed and the time when the measurement is being performed (Abstract; Pars. 45-51). However, JP 2010169573 does not explicitly disclose “wherein the arithmetic portion is configured to generate data of a second graph a set of data comprising the voltage and time at which the voltage has been measured, wherein the display position is configured to display first graph and second graph at the same time; and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to display a second area corresponding to the first area in the other of the first graph and the second graph (claim 1)”; “ a third step of generating a second graph using a set of data comprising a voltage of the secondary battery and time at which the voltage has been measured; a fifth step of displaying the first graph and the second graph on a display portion, a sixth step of receiving a first area in one of the first graph and the second graph from an input device; a seventh step of displaying the received first area on the display portion so that the received first area is superimposed on the one of the first graph and the second graph; an eighth step of calculating, by an arithmetic portion, a second area corresponding to an area of time at which data of the first area has been measured, which is set in the other of the first graph and the second graph; and a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph (claim 12)”, and “wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to set a second area corresponding to the first area in the other of the first graph and the second graph(claim 16).”
Liu et al. (submitted by Applicants) (hereinafter “Liu”), Synthesis of MG, and Mn Doped LiCoO2 and Effects on High Voltage Cycling, March 20, 2017 (hereinafter “Liu”) discloses an X-ray diffraction (XRD) method to study the unit cell lattice parameter changes and phase formation (Pg. A1655: col. 1). Liu discloses graphs showing observation of the O3-06 phase transition in 2% Mg/Mn suggest that the improved cycling performances imparted by Mg/Mn substitution were not related to the volume changes associated with these phase transitions (Figs. 1-14; Page A1663, col. 2 -Page A1664, col. 1). However, Liu does not explicitly disclose “ a third step of generating a second graph using a set of data comprising a voltage of the secondary battery and time at which the voltage has been measured; a fifth step of displaying the first graph and the second graph on a display portion, a sixth step of receiving a first area in one of the first graph and the second graph from an input device; a seventh step of displaying the received first area on the display portion so that the received first area is superimposed on the one of the first graph and the second graph; an eighth step of calculating, by an arithmetic portion, a second area corresponding to an area of time at which data of the first area has been measured, which is set in the other of the first graph and the second graph; and a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph (claim 12)”, and “wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to set a second area corresponding to the first area in the other of the first graph and the second graph (claim 16).”
Regarding claim 3, the closest prior art of record either alone or in combination fails to anticipate or render obvious the combination wherein “Ochiai and Zhang disclose wherein the time at which the voltage has been measured and time at which the plurality of waveforms such as the spectra has been measured are synchronized by a clock built in the information processing device” in combination with other limitations in the claims as defined by Applicants.
Regarding claim 5, the closest prior art of record either alone or in combination fails to anticipate or render obvious the combination wherein the second area corresponds to an area of time at which measurement of the first area has been conducted in combination with other limitations in the claims as defined by Applicants.
Regarding clam 12, the closest prior art of record either alone or in combination fails to anticipate or render obvious the combination wherein “a third step of generating a second graph using a set of data comprising a voltage of the secondary battery and time at which the voltage has been measured; a fifth step of displaying the first graph and the second graph on a display portion, a sixth step of receiving a first area in one of the first graph and the second graph from an input device; a seventh step of displaying the received first area on the display portion so that the received first area is superimposed on the one of the first graph and the second graph; an eighth step of calculating, by an arithmetic portion, a second area corresponding to an area of time at which data of the first area has been measured, which is set in the other of the first graph and the second graph; and a ninth step of displaying the calculated second area on the display portion so that the calculated second area is superimposed on the other of the first graph and the second graph” in combination with other limitations in the claims as defined by Applicants.
Claims 13-15 depend from claim 12 and therefore are also patentably distinguishable over the prior art of record.
Regarding claim 16, the closest prior art of record either alone or in combination fails to anticipate or render obvious the combination wherein “wherein the arithmetic portion is configured to generate data of a second graph using a set of data comprising the voltage and time at which the voltage has been measured, and wherein the battery evaluation system is configured to set a first area in one of the first graph and the second graph and to set a second area corresponding to the first area in the other of the first graph and the second graph” in combination with other limitations in the claims as defined by Applicants.
Claims 17-20 depend from claim 16 and therefore are also patentably distinguishable over the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2019082474 teaches the graphs at Figs. 9A and 9B. FIG. 9(a) which show the relationship between the number of cycles and the capacity. Here, the dashed-dotted line is a line showing the capacity versus the number of cycles at the operating temperature T_use, and corresponds to the dashed line in FIG. However, the number of charge-discharge cycles on the horizontal axis of the graph in FIG. 9A is based on the number of charge-discharge cycles corresponding to the average capacity C_ave in FIG. 7 (that is, 0 times). This line can be used to predict how the capacity of the battery cells 302 in the battery set 301 will drop after the required X number of charge/discharge cycles), and wherein the battery evaluation system is configured to set a first area in one of the first graph (see Fig. 7, area of C_min and C_ave) and the second graph and to display a second area corresponding to the first area in the other of the first graph and the second graph (Fig. 7 is displayed on Fig. 9) (see the graphs at Figs. 9A and 9B. FIG. 9(a) shows the relationship between the number of cycles and the capacity. Here, the dashed-dotted line is a line showing the capacity versus the number of cycles at the operating temperature T_use, and corresponds to the dashed line in FIG. However, the number of charge-discharge cycles on the horizontal axis of the graph in FIG. 9A is based on the number of charge-discharge cycles corresponding to the average capacity C_ave in FIG. 7 (that is, 0 times). This line can be used to predict how the capacity of the battery cells 302 in the battery set 301 will drop after the required X number of charge/discharge cycles
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/PHUONG HUYNH/ Primary Examiner, Art Unit 2857 March 16, 2026
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