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 .
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
Claims status
Claims 1-7 are pending as the applicant filed on 08/01/2023.
Claim Rejections - 35 USC § 112
2. 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 1-7 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 1-7, the terms “deterioration” “minimum value” “is minimized” are vague and a relative term that renders the claim indefinite. The terms “deterioration” “minimum value” “is minimized” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “deterioration” “minimum value” “is minimized” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “deterioration” “minimum value” “is minimized” occur.
In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
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 1-7are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a battery management system configured to manage secondary batteries used in a use device, comprising: a usage history acquisition unit configured to acquire usage history information indicating usage history of the secondary batteries, during a period, mounted on the use device;
a deterioration estimation unit configured to estimate current deterioration state of the secondary batteries and a deterioration factor causing the current deterioration state based on the usage history information acquired by the usage history acquisition unit; a battery load acquisition unit configured to acquire battery load information indicating a battery load estimated to be applied to the secondary batteries when a predetermined scheduled use period is elapsed in a future, the battery load information being calculated using a future use mode of the secondary batteries in the use device appears to be an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a deterioration change degree identification unit configured to identify a deterioration change degree indicating a change in the deterioration state of the secondary batteries at a time point when the predetermined scheduled use period is elapsed, using the current deterioration state and the deterioration factor estimated by the deterioration estimation unit and the battery load information of the secondary batteries acquired by the battery load acquisition unit are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? The additional element of a battery management unit configured to associate the secondary batteries with a plurality of future use modes by using the deterioration change degree of the secondary batteries identified by the deterioration change degree identification unit such that an evaluation value becomes a minimum value, the evaluation value indicating a degree of deterioration of the secondary batteries in a plurality of the use devices appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 2 related to wherein the battery management unit specifies the evaluation value according to an evaluation function determined by a total value of the deterioration change degree in a case where the secondary batteries and the future usage modes in the use devices are associated with each other, and the battery management unit associates the secondary batteries with the future use modes such that the evaluation value is minimized appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related wherein the battery management unit specifies the evaluation value according to an evaluation function determined using the deterioration change degree in a case where the secondary batteries and the future usage modes in the use devices are associated with each other and the deterioration state of the secondary batteries in the use devices, and the battery management unit associates the secondary batteries with the future use modes such that the evaluation value is minimized appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related wherein the battery management unit includes a profit estimation unit that estimates a profit obtained in the future usage mode of the secondary battery associated with the use device, the evaluation function further includes a relational expression between the profit estimated by the profit estimation unit and the deterioration change degree, and the battery management unit associates the secondary batteries with the future use modes such that the evaluation value specified according to the evaluation function is minimized appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to wherein the future usage mode includes a selling of electric power in which electric power of the secondary battery is used in an electric power system different from the use device, the profit estimation unit estimates the profit obtained in a case where the secondary battery is used for the selling of electric power in the use device, and the deterioration change degree identification unit identifies the deterioration change degree generated when the secondary battery is used for the selling of electric power in the use device appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible as well.
Claim 6 related to wherein the usage history acquisition unit estimates and complements a state of the secondary battery in a standing period in which input and output are not performed to and from the secondary battery using a state of the secondary battery in a use period in which input and output are performed to and from the secondary battery, so as to acquire the usage history information of the secondary battery in a history target period including the use period and the standing period appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible as well.
Claim 7 related to a battery characteristic learning unit configured to learn battery characteristic information indicating a characteristic related to progress of deterioration of the secondary battery by using the current deterioration state of the secondary battery estimated by the deterioration estimation unit and a state of deterioration actually occurring in the secondary battery, wherein the deterioration estimation unit estimates the deterioration state and the deterioration factor of the secondary battery using the battery characteristic information learned by the battery characteristic learning unit and the usage history information of the secondary battery acquired by the usage history acquisition unit appears recite further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 3, 6, and 7 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by SHIIYAMA et al. (US Patent Application Publication 20200009990 A1, Date Published: 2020-01-09).
Regarding claim 1:
SHIIYAMA described a battery management system configured to manage secondary batteries used in a use device, comprising: a usage history acquisition unit configured to acquire usage history information indicating usage history of the secondary batteries, during a period, mounted on the use device (0104, usage, usage fee, 0139, user uses the mobile battery); a deterioration estimation unit configured to estimate current deterioration state of the secondary batteries and a deterioration factor causing the current deterioration state based on the usage history information acquired by the usage history acquisition unit (0185-0186, deterioration information acquisition unit, 0038, history of the mobile battery); a battery load acquisition unit configured to acquire battery load information indicating a battery load estimated to be applied to the secondary batteries when a predetermined scheduled use period is elapsed in a future, the battery load information being calculated using a future use mode of the secondary batteries in the use device (0039, load as charge state, a deterioration state, an error history, a renting history, and the like of the mobile battery to be managed. Examples of the operating state include charging, discharging, standby and the like); a deterioration change degree identification unit configured to identify a deterioration change degree indicating a change in the deterioration state of the secondary batteries at a time point when the predetermined scheduled use period is elapsed, using the current deterioration state and the deterioration factor estimated by the deterioration estimation unit and the battery load information of the secondary batteries acquired by the battery load acquisition unit (0051, deterioration information acquisition stage for each of the plurality of storage batteries, 0135, at specific time in the future, 0136, including load charge state of the mobile battery); and a battery management unit configured to associate the secondary batteries with a plurality of future use modes by using the deterioration change degree of the secondary batteries identified by the deterioration change degree identification unit such that an evaluation value becomes a minimum value, the evaluation value indicating a degree of deterioration of the secondary batteries in a plurality of the use devices (0051, deterioration information acquisition stage for each of the plurality of storage batteries, 0135, at specific time in the future, 0136, including load charge state of the mobile battery, 0151, including deterioration level, a charging speed ).
Regarding claim 2, SHIIYAMA further described wherein the battery management unit specifies the evaluation value according to an evaluation function determined by a total value of the deterioration change degree in a case where the secondary batteries and the future usage modes in the use devices are associated with each other (0021, predetermined discharge pattern, and acquires a discharging curve of the storage battery), and the battery management unit associates the secondary batteries with the future use modes such that the evaluation value is minimized (fig. 11, low deterioration level).
Regarding claim 3, SHIIYAMA further described to an evaluation function determined using the deterioration change degree in a case where the secondary batteries and the future usage modes in the use devices are associated with each other and the deterioration state of the secondary batteries in the use devices (fig. 11, different deterioration level) , and the battery management unit associates the secondary batteries with the future use modes such that the evaluation value is minimized (fig. 11, current SOC, charging speed).
Regarding claim 6, SHIIYAMA further described wherein the usage history acquisition unit estimates and complements a state of the secondary battery in a standing period in which input and output are not performed to and from the secondary battery using a state of the secondary battery in a use period in which input and output are performed to and from the secondary battery, so as to acquire the usage history information of the secondary battery in a history target period including the use period and the standing period (fig. 11, operating status: stand-by charging load).
Regarding claim 7, SHIIYAMA further described : a battery characteristic learning unit configured to learn battery characteristic information indicating a characteristic related to progress of deterioration of the secondary battery by using the current deterioration state of the secondary battery estimated by the deterioration estimation unit and a state of deterioration actually occurring in the secondary battery (fig. 11, 1120), wherein the deterioration estimation unit estimates the deterioration state and the deterioration factor of the secondary battery using the battery characteristic information learned by the battery characteristic learning unit and the usage history information of the secondary battery acquired by the usage history acquisition unit (0-151, deterioration level 1120, a charging speed 1130).
Note: appears claim 4, 5 no prior art rejection in view of the claim as a whole, any change in future amendment to the claim will necessitate new consideration/search for claim 4, 5.
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
January 14, 2026