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 1-11 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 1-11 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 1-11, the terms “degradation” “temperature of the secondary battery is low” are vague and a relative term that renders the claim indefinite. The terms “degradation” “temperature of the secondary battery is low” 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 “degradation” “temperature of the secondary battery is low” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “degradation” “temperature of the secondary battery is low” occur.
Note: 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 1-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a battery diagnostic system comprising: a load history acquisition unit configured to acquire a battery load history which is a history of a load applied to a secondary battery; an interpolation processing unit configured to, when a portion of constituent data of the battery load history is missing, estimate and interpolate the portion of constituent data using the rest of the constituent data, to estimate, based on the battery load history, a present degradation state of the secondary battery and a cause of degradation that has brought about the degradation state; a degradation prediction unit configured to predict a predicted degradation state of the secondary battery that will occur in a future upon having been used in a future use mode of the secondary battery for diagnosis, using a predicted battery load indicating a load predicted to be applied to the secondary battery according to the future use mode of the secondary battery and the present degradation state and the cause of degradation of the secondary battery estimated appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a degradation estimation unit configured the degradation estimation 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 an output unit configured to output the predicted degradation state of the secondary battery predicted by the degradation prediction unit 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 a predicted load generation unit configured to, when the secondary battery is used according to the future use mode of the secondary battery, identify a load predicted to be applied to the secondary battery and generate the predicted battery load appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 2 not eligible.
Claim 3 related to the predicted load generation unit generates the predicted battery load when the secondary battery is used in the use mode corresponding to the battery load history according to a learning result using the battery load history appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 3 not eligible.
Claim 4 related to a remaining value evaluation unit configured to evaluate a remaining value of the secondary battery when used in the future use mode, by using the predicted degradation state of the secondary battery predicted by the degradation prediction unit appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 4 not eligible.
Claim 5 related to a rank identifying unit configured to rank the secondary battery with respect to the predicted degradation state of the secondary battery using a state of a battery component of the secondary battery predicted by the degradation prediction unit, wherein the remaining value evaluation unit evaluates a remaining value of the secondary battery using a rank of the secondary battery determined by the rank identifying unit appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 5 not eligible.
Claim 6 related to the rank identifying unit ranks the secondary battery with respect to the predicted degradation state of the secondary battery using the cause of degradation of the secondary battery predicted by the degradation prediction unit in addition to the state of the battery component of the secondary battery appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 6 not eligible.
Claim 7 related to the remaining value evaluation unit calculates the remaining value of the secondary battery as an amount of money using a reference value determined for a battery component of the secondary battery and a state of the battery component of the secondary battery predicted by the degradation prediction unit appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 7 not eligible.
Claim 8 related to a proposal unit configured to propose a future handling mode of the secondary battery to increase the remaining value of the secondary battery using the remaining value of the secondary battery evaluated by the remaining value evaluation unit and a handling criteria related to future handling of the secondary battery appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 8 not eligible.
Claim 9 related to a condition input unit to which the handling criteria related to future handling of the secondary battery is input, wherein the proposal unit proposes a future handling mode of the secondary battery to increase the remaining value of the secondary battery using the handling criteria input to the condition input unit appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 9 not eligible.
Claim 10 related to the degradation prediction unit estimates a calendar degradation amount caused by calendar aging that progresses with lapse of time regardless of energization to the secondary battery and further progresses by increasing a temperature of the secondary battery, and a cycle degradation amount caused by cycle aging that progresses by energization of the secondary battery and further progresses by energization in a state where a temperature of the secondary battery is low, and the degradation prediction unit estimates the cause of the present degradation state of the secondary battery using the calendar degradation amount and the cycle degradation amount in the present degradation state of the secondary battery appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 10 not eligible.
Claim 11 related to wherein the interpolation processing unit calculates a temperature of the secondary battery as the portion of constituent data using following formula (1) and formula (2): (1)ΔTn=Tn-1-Tamn-1R×ΔtC(2) in which Tn (n=1 to N) represents the temperature of the secondary battery, Tamn (n=1 to N) represents an outside temperature around the secondary battery, R represents an outside air heat dissipation resistance of the secondary battery, Δt represents a sampling cycle, and C represents a heat capacity of the secondary battery appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 11 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) 1-10 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by DOUGHERTY, WO 2005073742 A1, Date Published: 2005-08-11, CPC G01R 31/392.
Regarding claim 1:
DOUGHERTY described a battery diagnostic system comprising:
a load history acquisition unit configured to acquire a battery load history which is a history of a load applied to a secondary battery (0041, various points in the history of the battery);
an interpolation processing unit configured to, when a portion of constituent data of the battery load history is missing, estimate and interpolate the portion of constituent data using the rest of the constituent data (0041, behavior (e.g., response) of the battery is learned throughout its use)
a degradation estimation unit configured to estimate, based on the battery load history, a present degradation state of the secondary battery and a cause of degradation that has brought about the degradation state (0035, age of the battery of the battery, 0048, degradation in the performance and/or operation of the battery, 0062, temperature of the battery, time, etc, 0066, a prior event that indicates some degradation in battery performance );
a degradation prediction unit configured to predict a predicted degradation state of the secondary battery that will occur in a future upon having been used in a future use mode of the secondary battery for diagnosis, using a predicted battery load indicating a load predicted to be applied to the secondary battery according to the future use mode of the secondary battery and the present degradation state and the cause of degradation of the secondary battery estimated by the degradation estimation unit (0015, predicting the deliverable power and energy of the battery, 0058, prediction as to the end of life of the battery); and
an output unit configured to output the predicted degradation state of the secondary battery predicted by the degradation prediction unit (0015, predicting the deliverable power and energy of the battery, 0058, prediction as to the end of life of the battery).
Regarding claim 2, DOUGHERTY further described a predicted load generation unit configured to, when the secondary battery is used according to the future use mode of the secondary battery, identify a load predicted to be applied to the secondary battery and generate the predicted battery load (0062, conditions or states of the battery including capacity, cold cranking capability rating, reserve capacity rating, etc.).
Regarding claim 3, DOUGHERTY further described the predicted load generation unit generates the predicted battery load when the secondary battery is used in the use mode corresponding to the battery load history according to a learning result using the battery load history (0006, 0041, history plurality of loads).
Regarding claim 4, DOUGHERTY further described a remaining value evaluation unit configured to evaluate a remaining value of the secondary battery when used in the future use mode, by using the predicted degradation state of the secondary battery predicted by the degradation prediction unit (0058, provide a prediction as to the end of life of the battery, the relative state of health and state of charge of the battery, etc).
Regarding claim 5, DOUGHERTY further described a rank identifying unit configured to rank the secondary battery with respect to the predicted degradation state of the secondary battery using a state of a battery component of the secondary battery predicted by the degradation prediction unit, wherein the remaining value evaluation unit evaluates a remaining value of the secondary battery using a rank of the secondary battery determined by the rank identifying unit (0058, the relative state of health and state of charge of the battery, etc).
Regarding claim 6, DOUGHERTY further described the rank identifying unit ranks the secondary battery with respect to the predicted degradation state of the secondary battery using the cause of degradation of the secondary battery predicted by the degradation prediction unit in addition to the state of the battery component of the secondary battery (0058, the relative state of health and state of charge of the battery, etc, 0035, age of the battery (e.g., the time at a particular operating condition such as voltage and temperature).
.
Regarding claim 7, DOUGHERTY further described wherein the remaining value evaluation unit calculates the remaining value of the secondary battery as an amount of money using a reference value determined for a battery component of the secondary battery and a state of the battery component of the secondary battery predicted by the degradation prediction unit (0058, the relative state of health and state of charge of the battery, etc, 0035, age of the battery (e.g., the time at a particular operating condition such as voltage and temperature).
Regarding claim 8, DOUGHERTY further described a proposal unit configured to propose a future handling mode of the secondary battery to increase the remaining value of the secondary battery using the remaining value of the secondary battery evaluated by the remaining value evaluation unit and a handling criteria related to future handling of the secondary battery (0031, from the beginning of battery usage).
Regarding claim 9, DOUGHERTY further described a condition input unit to which the handling criteria related to future handling of the secondary battery is input, wherein the proposal unit proposes a future handling mode of the secondary battery to increase the remaining value of the secondary battery using the handling criteria input to the condition input unit (fig. 3, 210-240 start of test process).
Regarding claim 10, DOUGHERTY further described the degradation prediction unit estimates a calendar degradation amount caused by calendar aging that progresses with lapse of time regardless of energization to the secondary battery and further progresses by increasing a temperature of the secondary battery (0058, over time aged) , and a cycle degradation amount caused by cycle aging that progresses by energization of the secondary battery and further progresses by energization in a state where a temperature of the secondary battery is low (0035, cycles temperature of battery), and the degradation prediction unit estimates the cause of the present degradation state of the secondary battery using the calendar degradation amount and the cycle degradation amount in the present degradation state of the secondary battery (0035, cycles temperature of battery).
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 15, 2026
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