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 .
Examiner's Note
Examiner has taken note that claims 4 and 14 have been canceled by the Applicant, and has removed these claims from consideration below.
Claim Rejections - 35 USC § 101
3. 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 1-3, 5-13, and 15-20 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.
In view of the new 2019 Revised Patent Subject Matter Eligibility Guidance (Federal Register Vol. 84, No. 4, January 7, 2019), the Examiner has considered the claims and has determined that under step 1, claims 1-3, 5-9 are to a process, claims 10-13, 15-19 are to a machine, and claim 20 is to an article of manufacture. Next under the new step 2A prong 1 analysis, the claims are considered to determine if they recite an abstract idea (judicial exception) under the following groupings: (a) mathematical concepts, (b) certain methods of organizing human activity, or (c) mental processes. The independent claims contain at least the following bolded limitations (see representative independent claims) that fall into the grouping of mathematical concepts:
1. A method for monitoring a parameter of a battery pack, wherein the method is performed by an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data detected by the BMS, and the method comprises:
acquiring a first pre-estimated resistance value corresponding to the battery pack at a t-th cycle based on a preset state estimation equation and an internal resistance value of the battery pack at a (t−1)-th cycle,
wherein t represents the current number of cycles of the battery pack, the current number of cycles represents the number of charges and discharges cumulatively completed by the battery pack, and the preset state estimation equation represents a conversion relationship between the internal resistance value at the (t−1)-th cycle and the first pre-estimated resistance value, where t≥2;
determining a second pre-estimated resistance value corresponding to the t-th cycle based on a pre-configured mapping relationship, wherein the pre-configured mapping relationship represents a conversion relationship between t and the second pre-estimated resistance value;
determining an internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value; determining an internal short-circuit resistance of the battery pack at the t-th cycle based on the internal resistance value at the t-th cycle and a sum of an ohmic internal resistance and a polarity internal resistance of the battery pack at the t-th cycle; and monitoring a safety state of the battery pack based on the internal short-circuit resistance of the battery pack at the t-th cycle, wherein the preset state estimation equation is:
X
^
t
-
=
F
X
^
t
-
1
-
+
w
t
,
wherein
X
^
t
-
represents the first pre-estimated resistance value,
X
^
t
-
1
-
represents the internal resistance value at the (t−1)-th cycle, F represents a first preset coefficient matrix, and wt represents engineering noise;
determining the internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value comprises:
optimizing the second pre-estimated resistance value based on a preset optimization equation, so as to obtain a second optimized resistance value,
wherein the preset optimization equation represents a conversion relationship between the second pre-estimated resistance value and the second optimized resistance value; and
correcting the first pre-estimated resistance value and the second optimized resistance value based on a preset correction equation, so as to obtain the internal resistance value at the t-th cycle;
wherein the preset optimization equation is:
Zt=HXmeasurement value + ΔPt,
where Zt represents the second optimized resistance value, Xmeasurement value represents the second pre-estimated resistance value, H represents a second preset coefficient matrix, and ΔPt represents a measurement error;
wherein the preset correction equation is:
X
^
t
=
X
^
t
-
+
K
t
(
Z
t
-
H
X
^
t
-
)
,
where
K
t
=
P
t
-
1
P
t
-
1
+
Q
+
R
,
X
^
t
represents the internal resistance value at the t-th cycle,
X
^
t
-
represents the first pre-estimated resistance value, Zt represents the second optimized resistance value, H represents the second preset coefficient matrix, Kt represents a gain value at the t-th cycle, Pt-1 represents an error covariance correction value at the (t−1)-th cycle, and Q and R are covariance matrices of input and output measurement noises respectively.
10. An apparatus for monitoring a parameter of a battery pack, wherein the apparatus is provided on an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data detected by the BMS, and the apparatus comprises a processor and a memory, wherein the memory is used to store one or more programs, and the one or more programs, when being executed by the processor, cause the processor to execute following operations:
acquiring a first pre-estimated resistance value corresponding to the battery pack at a t-th cycle based on a preset state estimation equation and an internal resistance value of the battery pack at a (t−1)-th cycle,
wherein t represents the current number of cycles of the battery pack, the current number of cycles represents the number of charges and discharges cumulatively completed by the battery pack, and the preset state estimation equation represents a conversion relationship between the internal resistance value at the (t−1)-th cycle and the first pre-estimated resistance value, where t≥2;
determining a second pre-estimated resistance value corresponding to the t-th cycle based on a pre-configured mapping relationship, wherein the pre-configured mapping relationship represents a conversion relationship between t and the second pre-estimated resistance value;
determining an internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value;
determining an internal short-circuit resistance of the battery pack at the t-th cycle based on the internal resistance value at the t-th cycle and a sum of an ohmic internal resistance and a polarity internal resistance of the battery pack at the t-th cycle; and monitoring a safety state of the battery pack based on the internal short-circuit resistance of the battery pack at the t-th cycle, wherein the preset state estimation equation is:
X
^
t
-
=
F
X
^
t
-
1
-
+
w
t
,
wherein
X
^
t
-
represents the first pre-estimated resistance value,
X
^
t
-
1
-
represents the internal resistance value at the (t−1)-th cycle, F represents a first preset coefficient matrix, and wt represents engineering noise;
determining the internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value comprises:
optimizing the second pre-estimated resistance value based on a preset optimization equation, so as to obtain a second optimized resistance value, wherein the preset optimization equation represents a conversion relationship between the second pre-estimated resistance value and the second optimized resistance value; and
correcting the first pre-estimated resistance value and the second optimized resistance value based on a preset correction equation, so as to obtain the internal resistance value at the t-th cycle;
wherein the preset optimization equation is:
Zt=HXmeasurement value + ΔPt,
where Zt represents the second optimized resistance value, Xmeasurement value represents the second pre-estimated resistance value, H represents a second preset coefficient matrix, and ΔPt represents a measurement error;
wherein the preset correction equation is:
X
^
t
=
X
^
t
-
+
K
t
(
Z
t
-
H
X
^
t
-
)
,
where
K
t
=
P
t
-
1
P
t
-
1
+
Q
+
R
,
X
^
t
represents the internal resistance value at the t-th cycle,
X
^
t
-
represents the first pre-estimated resistance value, Zt represents the second optimized resistance value, H represents the second preset coefficient matrix, Kt represents a gain value at the t-th cycle, Pt-1 represents an error covariance correction value at the (t−1)-th cycle, and Q and R are covariance matrices of input and output measurement noises respectively.
20. A non-transitory computer-readable storage medium, on which a computer program is stored, wherein when the computer program is executed by a processor of an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of a battery pack so as to acquire data detected by the BMS, following operations are executed:
acquiring a first pre-estimated resistance value corresponding to the battery pack at a t-th cycle based on a preset state estimation equation and an internal resistance value of the battery pack at a (t−1)-th cycle,
wherein t represents the current number of cycles of the battery pack, the current number of cycles represents the number of charges and discharges cumulatively completed by the battery pack, and the preset state estimation equation represents a conversion relationship between the internal resistance value at the (t−1)-th cycle and the first pre-estimated resistance value, where t≥2;
determining a second pre-estimated resistance value corresponding to the t-th cycle based on a pre-configured mapping relationship, wherein the pre-configured mapping relationship represents a conversion relationship between t and the second pre-estimated resistance value;
determining an internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value;
determining an internal short-circuit resistance of the battery pack at the t-th cycle based on the internal resistance value at the t-th cycle and a sum of an ohmic internal resistance and a polarity internal resistance of the battery pack at the t-th cycle; and monitoring a safety state of the battery pack based on the internal short-circuit resistance of the battery pack at the t-th cycle, wherein the preset state estimation equation is:
X
^
t
-
=
F
X
^
t
-
1
-
+
w
t
,
wherein
X
^
t
-
represents the first pre-estimated resistance value,
X
^
t
-
1
-
represents the internal resistance value at the (t−1)-th cycle, F represents a first preset coefficient matrix, and wt represents engineering noise;
determining the internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value comprises:
optimizing the second pre-estimated resistance value based on a preset optimization equation, so as to obtain a second optimized resistance value, wherein the preset optimization equation represents a conversion relationship between the second pre-estimated resistance value and the second optimized resistance value; and
correcting the first pre-estimated resistance value and the second optimized resistance value based on a preset correction equation, so as to obtain the internal resistance value at the t-th cycle;
wherein the preset optimization equation is:
Zt=HXmeasurement value + ΔPt,
where Zt represents the second optimized resistance value, Xmeasurement value represents the second pre-estimated resistance value, H represents a second preset coefficient matrix, and ΔPt represents a measurement error;
wherein the preset correction equation is:
X
^
t
=
X
^
t
-
+
K
t
(
Z
t
-
H
X
^
t
-
)
,
where
K
t
=
P
t
-
1
P
t
-
1
+
Q
+
R
,
X
^
t
represents the internal resistance value at the t-th cycle,
X
^
t
-
represents the first pre-estimated resistance value, Zt represents the second optimized resistance value, H represents the second preset coefficient matrix, Kt represents a gain value at the t-th cycle, Pt-1 represents an error covariance correction value at the (t−1)-th cycle, and Q and R are covariance matrices of input and output measurement noises respectively.
The bolded limitations above amount to mathematical concepts because they describe various steps of a mathematical algorithm to calculate parameters of a first pre-estimated resistance value, second pre-estimated resistance value, internal resistance value, internal short-circuit resistance, safety state of the battery pack, second optimized resistance value, corrected first pre-estimated resistance value and corrected second optimized resistance value. The bolded limitations also explicitly recite mathematical calculations with variable definitions and formulas of a preset state estimation equation, a preset optimization equation, and a preset correction equation. Some calculations are described with words, such as "determining an internal resistance value of the battery pack at the t-th cycle based on the first-pre-estimated resistance value and the second pre-estimated resistance value," but it is important to note that a mathematical 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."(see MPEP 2106.04(a)(2) I.).
Next in step 2A prong 2, the independent claims are analyzed to determine whether there are additional elements or combination of elements that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception such that it is more than a drafting effort designed to monopolize the exception, in order to integrate the judicial exception into a practical application. These limitations have been identified and underlined above, and are not indicative of integration into a practical application because: (1) the recitations of "an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data", "an apparatus for monitoring a parameter of a battery pack, wherein the apparatus is provided on an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data…and the apparatus comprises a processor and a memory, wherein the memory is used to store one or more programs, and the one or more programs, when being executed by the processor, cause the processor to execute following operations" and "a non-transitory computer-readable storage medium, on which a computer program is stored, wherein when the computer program is executed by a processor on an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of a battery pack so as to acquire data…, following operations are executed," amount to mere instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)); and (2) the recitations of "data detected by the BMS" amounts to insignificant extrasolution data-gathering activity to the judicial exception (see MPEP 2106.05(g)).
Next in step 2B, the independent claims are considered to determine if they recite additional elements that amount to an inventive concept (“significantly more”) than the recited judicial exception.
The recitations of "an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data", "an apparatus for monitoring a parameter of a battery pack, wherein the apparatus is provided on an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data…and the apparatus comprises a processor and a memory, wherein the memory is used to store one or more programs, and the one or more programs, when being executed by the processor, cause the processor to execute following operations" and "a non-transitory computer-readable storage medium, on which a computer program is stored, wherein when the computer program is executed by a processor on an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of a battery pack so as to acquire data…, following operations are executed," are limitations that do not add something significantly more because they amount to mere instructions to implement an abstract idea on a computer or merely using a computer as a tool to perform an abstract idea (see MPEP 2106.05(f)). The use of generic computer equipment is considered insignificant additional elements. As recited in the MPEP, 2106.07(b), merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection (see Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359-60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093-94). The recitations of "data detected by the BMS" amounts to insignificant extrasolution data-gathering activity to the judicial exception (see MPEP 2106.05(g)), as data must be gathered in any case and the data is not gathered using an unconventional physical arrangement.
Dependent claims 2-3, 5-9 and 11-13, and 15-19 contain additional limitations that fall under the abstract idea grouping of mathematical concepts, as they describe further calculation steps as part of the overall mathematical algorithm. Dependent claims 7 and 17 describe giving an alarm of a fire risk in response to determining that the short-circuit count is greater than a preset threshold a number of times, but the issuing of an alarm amounts to insignificant post-solution outputting activity of a calculation result, and does not provide an integration into a practical application or significantly more (see MPEP 2106.05(g)). The MPEP states that when “Whether the limitation amounts to necessary data gathering and outputting, (i.e., all uses of the recited judicial exception require such data gathering or data output)”, the limitations can be mere data gathering or data output (MPEP 2106.05(g) Insignificant Extra- Solution Activity, in particular item (3)).
4. An invention is not rendered ineligible for patent simply because it involves an abstract concept. Applications of such concepts "to a new and useful end" remain eligible for patent protection (see Alice Corp., 134 S. Ct. at 2354 (quoting Benson, 409 U.S. at 67)). However, "a claim for a new abstract idea is still an abstract idea" (see Synopsys v. Mentor Graphics Corp. _F.3d_, 120 U.S.P.Q. 2d1473 (Fed. Cir. 2016)). There needs to be additional elements or combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception or render the claim as a whole to be significantly more than the exception itself in order to demonstrate “integration into a practical application” or an “inventive concept.” For instance, further physical applications using the calculated internal resistance value of the battery pack at the t-th cycle to drive a physical change in operation, transformation, or repair/maintenance of a technology or technical process could provide integration into a practical application to demonstrate an improvement to the technology or technical field. Otherwise, the claims amount to only the abstract mathematical calculation of a numerical data-based result, without any further integration into a practical application or significantly more.
Allowable Subject Matter
5. Claims 1-3, 5-13, 15-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
6. The following is a statement of reasons for the indication of allowable subject matter: In regards to claim 1, the closest prior art, Huang et al. (US Pat. Pub. 2017/0370995, hereinafter "Huang") at least teaches a method for monitoring a parameter of a battery pack (Huang abstract teaches a method for monitoring a parameter such as a state of a charge of a battery pack), wherein the method comprises:
acquiring a first pre-estimated resistance value corresponding to the battery pack at a t-th cycle based on a preset state estimation equation and an internal resistance value of the battery pack at a (t−1)-th cycle (Huang paragraph [0014] teaches constantly updating an internal resistance of a battery model (preset state estimation equation) based on the change of the state of charge over time, and paragraph [0015] and [0024] teach where the internal resistance is updated based on the battery internal resistance of the previous (t-1)-th cycle).
7. However, claim 1 contains allowable subject matter because the closest prior art, Huang et al. (US Pat. Pub. 2017/0370995) fails to anticipate or render obvious a method for monitoring a parameter of a battery pack, wherein the method comprises: wherein t represents the current number of cycles of the battery pack, the current number of cycles represents the number of charges and discharges cumulatively completed by the battery pack, and the preset state estimation equation represents a conversion relationship between the internal resistance value at the (t−1)-th cycle and the first pre-estimated resistance value, where t≥2; determining a second pre-estimated resistance value corresponding to the t-th cycle based on a pre-configured mapping relationship, wherein the pre-configured mapping relationship represents a conversion relationship between t and the second pre-estimated resistance value; determining an internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value, in combination with the rest of the claim limitations as claimed and defined by the Applicant.
Similarly, claim 10 contains allowable subject matter because the closest prior art, Huang et al. (US Pat. Pub. 2017/0370995) fails to anticipate or render obvious an apparatus for monitoring a parameter of a battery pack, wherein thein the apparatus comprises a processor and a memory, wherein the memory is used to store one or more programs, and the one or more programs, when executed by the processor, cause the processor to execute following operations: wherein t represents the current number of cycles of the battery pack, the current number of cycles represents the number of charges and discharges cumulatively completed by the battery pack, and the preset state estimation equation represents a conversion relationship between the internal resistance value at the (t−1)-th cycle and the first pre-estimated resistance value, where t≥2; determining a second pre-estimated resistance value corresponding to the t-th cycle based on a pre-configured mapping relationship, wherein the pre-configured mapping relationship represents a conversion relationship between t and the second pre-estimated resistance value; determining an internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value, in combination with the rest of the claim limitations as claimed and defined by the Applicant.
Similarly, claim 20 contains allowable subject matter because the closest prior art, Huang et al. (US Pat. Pub. 2017/0370995) fails to anticipate or render obvious a non-transitory computer-readable storage medium, on which a computer program is stored, wherein when the computer program is executed by a processor, following operations are executed: wherein t represents the current number of cycles of the battery pack, the current number of cycles represents the number of charges and discharges cumulatively completed by the battery pack, and the preset state estimation equation represents a conversion relationship between the internal resistance value at the (t−1)-th cycle and the first pre-estimated resistance value, where t≥2; determining a second pre-estimated resistance value corresponding to the t-th cycle based on a pre-configured mapping relationship, wherein the pre-configured mapping relationship represents a conversion relationship between t and the second pre-estimated resistance value; determining an internal resistance value of the battery pack at the t-th cycle based on the first pre-estimated resistance value and the second pre-estimated resistance value, in combination with the rest of the claim limitations as claimed and defined by the Applicant.
8. Dependent claims 2-3, 5-9 depend from claim 1 and contain allowable subject matter for at least the same reasons as given for claim 1. Dependent claims 11-13, and 15-19 depend from claim 10 and contain allowable subject matter for at least the same reasons as given for claim 10.
Response to Arguments
9. Applicant's arguments regarding the 35 U.S.C. 101 rejections filed April 22, 2026 have been fully considered but they are not persuasive.
10. Applicant argues that Claim 1 has been amended to clarify that the claimed method is not an abstract mathematical algorithm executed on a generic computer, but rather a technically rooted, hardware-integrated battery safety monitoring system that operates within the physical domain of battery management to monitor the safety state of a battery pack, thereby discovering an internal short-circuit in advance, and preventing thermal runaway accidents of lithium ion batteries -- a critical safety concern in electric vehicles (see Applicant's Arguments/Remarks 4/22/2026, pg. 14 paragraph 5).
11. In response, the Examiner respectfully disagrees and points out that recitations of the method being performed "by an electronic device, wherein the electronic device is in communication connection with a Battery Management System (BMS) of the battery pack so as to acquire data" is taken as generic computer equipment running the abstract idea set forth in the claims. This does not qualify as significantly more under the analysis of the Alice Corp. Supreme court case. “There is no dispute that a computer is a tangible system (in § 101 terms, a ‘machine’) . . . [b]ut if that were the end of the § 101 inquiry, an applicant could claim any principle of the physical or social sciences by reciting a computer system configured to implement the relevant concept” (see Alice, 134 S.Ct. at 2358-59.) The courts have found that, despite reciting "concrete tangible components," the claims were directed to an abstract idea where "the physical components merely provide[d] a generic environment in which to carry out the abstract idea" (see In re TLI Commc'ns LLC Patent Litig., 823 F.3d 607, 611 (Fed. Cir. 2016))." The electronic device or apparatus comprising a processor and memory, amount to generic computer components in data communication with a Battery Management System (BMS), to carry out the abstract idea in the environment of battery monitoring. The calculations are not technically rooted as they could be performed equivalently by a person using pen and paper to solve for an internal short-circuit in advance. There are no limitations currently describing preventing thermal runaway accidents of lithium-ion batteries, although any such steps to implement physical changes to prevent thermal runaway accidents would render the claims to be directed to patent eligible subject matter.
12. Applicant further argues in response to the 35 U.S.C. 101 rejections that under Step 2A Prong 1, amended claim 1 now explicitly contextualizes the calculations within a specific, technical, physical system, and that the calculations are performed by the electronic device based on actual operation parameters of the battery pack that are detected by the BMS of the battery pack in an electric vehicle --for the purpose of detecting internal short-circuit conditions that lead to thermal runaway. The applicant argues that the amendments directly incorporate the technical architecture, and the calculations are not performed in isolation but are input-dependent, real-time, hardware-embedded computations that rely on BMS-acquired data (e.g., voltage, current, temperature, cycle count) to calculate internal short-circuit resistance, which is not an abstract number but a direct indicator of imminent thermal runaway risk. Applicant argues that claim 1 is not directed to a mathematical algorithm in the abstract, and while the claims recite mathematical concepts, they do so only as part of a larger integrated technical solution to solve a concrete technological problem --preventing battery fires by detecting internal short circuits in real time (see Applicant's Arguments/Remarks 4/22/2026, pg. 16-17). 13. In response, the Examiner respectfully disagrees and points out that “[S]imply implementing a mathematical principle on a physical machine, namely a computer, [i]s not a patentable application of that principle”) (describing Gottschalk v. Benson, 409 U.S. 63, 64 (1972), see Mayo 132 S. Ct. at 1301). And after Alice, there can remain no doubt: recitation of generic computer limitations does not make an otherwise ineligible claim patent-eligible (see Alice 134 S. Ct. at 2358). The bare fact that a computer exists in the physical rather than purely conceptual realm “is beside the point” (see DDR HOLDINGS, LLC v. HOTELS.COM, L.P., slip op. 2013-1505, at 17.) The computer itself is not improved in any way, and the "integrated technical solution" described by the Applicant amounts to merely using the computer as a tool to carry out improved abstract idea calculations to obtain an abstract informational-based data result.
14. Applicant further argues in response to the 35 U.S.C. 101 rejections that under Step 2A Prong 2, the amended claim now includes critical technical integrations that transform the abstract calculation into a practical application: a) Integration with the BMS for Real-Time, Hardware-Source Data Acquisition: Applicant argues that this is not a generic computer but a specific technical system, and that the BMS is a dedicated, hardware-based subsystem in every commercial electric vehicle that continuously monitors and computes battery parameters; applicant argues that the "electronic device" retrieves data from the BMS via a physical communication interface --not arbitrary inputs. b) Integration with Physical Safety Monitoring via Internal Short-Circuit Resistance Calculation: Applicant argues that the internal short-circuit resistance is not a theoretical parameter but rather a physically meaning quantity, and that the involved computation is not an abstract computation but rather a physics-based diagnostic model that quantifies the severity of an internal short, which is directly correlated to heat generation and thermal runaway risk; Applicant argues that monitoring a safety state and triggering safety responses (e.g., alarms) is a tangible, technical improvement to battery systems and not "insignificant post-solution activity", and that based on the above reasons, the claim improves a technical field by using a mathematical algorithm to detect a physical detect should be patent-eligible, and here the invention improves the technical field of battery safety by using mathematical algorithms to detect internal defects --a true technological advancement (see Applicant's Arguments/Remarks 4/22/2026, pgs. 17-19).
15. in response, the Examiner respectfully disagrees. Regarding subpoint a) Integration with the BMS for Real-Time, Hardware-Source Data Acquisition, the Examiner points out that the recitation of acquiring data detected by the BMS amounts to insignificant extra-solution data gathering activity to the judicial exception (see MPEP 2106.05(g)). The Examiner points out that selecting a particular generic function for computer hardware to perform (e.g., buffering content, storing and retrieving data from memory) from within a range of well- known, routine, conventional functions performed by the hardware is not an integration into a practical application or significantly more, (see Affinity Labs of Tex. v. DirecTV, LLC, 838 F.3d 1253, 1264, 120 USPQ2d 1201, 1208 (Fed. Cir. 2016)(MPEP 2106.05(a)II last paragraph). The retrieval of data by a computer is a generic computer function. Data must be gathered in any case in order to carry out calculations, and as explained by the applicant, a "BMS is a dedicated, hardware-based subsystem in every commercial electric vehicle" which further reinforces the notion that insignificant extra-solution data gathering is taking place in order to obtain the necessary data needed for the calculations. The use of a physical communication interface for the electronic device (computer) to receive the data does not provide an integration into a practical application under Step 2A Prong 2, as a physical communication interface is a generic computer equipment that is part of any computer. As recited in the MPEP, 2106.07(b), merely adding a generic computer, generic computer components, or a programmed computer to perform generic computer functions does not automatically overcome an eligibility rejection (see Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 134 S. Ct. 2347, 2359-60, 110 USPQ2d 1976, 1984 (2014). See also OIP Techs. v. Amazon.com, 788 F.3d 1359, 1364, 115 USPQ2d 1090, 1093-94).
Regarding subpoint b) Integration with Physical Safety Monitoring via Internal Short-Circuit Resistance Calculation, the Examiner points out that an improved mathematical algorithm to detect a physical defect is still an abstract idea, as "a claim for a new abstract idea is still an abstract idea" (see Synopsys v. Mentor Graphics Corp. _F.3d_, 120 U.S.P.Q. 2d1473 (Fed. Cir. 2016)). An improved sequence of abstract data analysis steps to calculate an abnormal or normal status variable is still an abstract idea, just as an improved formula for calculating a value is still an abstract idea. The determination of an internal short-circuit resistance and a safety state still amount to an informational-based "solution" at the end of the algorithm, and while there is no doubt that the information is useful, it does not change the fact that the end result is still abstract "information." The analysis of the EPG Court is particularly applicable to the claims in the present case: "Accordingly, we have treated collecting information, including when limited to particular content (which does not change its character as information), as within the realm of abstract ideas. In a similar vein, we have treated analyzing information by steps people go through in their minds, or by mathematical algorithms, without more, as essentially mental processes within the abstract-idea category," (see Electronic Power Group, LLC v. Alstom, 830 F. 3d 1350, 119 U.S.P.Q. 2d 1739 (Fed. Cir. 2016) at pg. 7). If the Applicant inserted additional limitations describing carrying out physical actions (such as replacing or repairing the battery pack) in response to a determined internal short circuit or safety state, then such limitations would amount to an integration into a practical application. The Examiner regards triggering an alarm as insignificant post-solution activity (see MPEP 2106.05(g)) that is tangential to the calculations of a short-circuit or safety state, as this is merely outputting the results of the calculations without directly affecting any change or improvement to the operation of the battery pack.
16. Applicant further argues in response to the 35 U.S.C. 101 rejections that under Step 2B that the amended claims, when read as a whole, recite far more than abstract computation on a generic computer. Applicant argues that the claims now require a specific, integrated, safety-critical system in which (1) an electronic device is in direct communication battery Management System (BMS)…;(2) the electronic device acquires sensor-derived physical data directly from the BMS…; (3) the method calculates an internal short-circuit resistance as a physically meaningful diagnostic metric…; (4) the system monitors a safety state in real time during vehicle operation, which facilitating the triggering proactive safety actions such as alarms, cell isolation, or power limitation --when the calculated resistance falls below a threshold, thereby preventing catastrophic battery failure. Applicant argues that this is not "using a computer as a tool" to perform a mathematical calculation -- it is embedding a novel diagnostic algorithm within a closed-loop, hardware-in-the-loop safety architecture that operates at the physical interface between a battery and its controlling system. Applicant argues that claim that applies a mathematical algorithm to solve a technical problem in a specific context is patent-eligible --even when the claim includes mathematical formulas -- if it results in a tangible technological improvement, and here, the claimed invention solves a well-documented technical problem, uses a novel combination, and achieves a concrete technical effect (see Applicant's Arguments/Remarks 4/22/2026, pgs. 19-21).
17. In response, the Examiner respectfully disagrees with points (1), (2), and (3) which have already been addressed in at least sections 13 and 15 above. However, Examiner agrees that the claims would recite far more than abstract computation on a generic computer if the claims actually included the limitations (bolded) described in point (4) of facilitating the triggering proactive safety actions such as cell isolation or power limitation --when the calculated resistance falls below a threshold, thereby preventing catastrophic battery failure. The current state of the independent claims describes several formulas and calculations carried out by an electronic device computer, but the limitations that would add an inventive concept or significantly more as described above in point (4), are currently not found in the claims. These safety actions are concrete, physical actions that cannot be performed mentally, and would result in a tangible technological improvement beyond an improved informational-based result.
18. The rest of Applicant's arguments for the remaining claims are similar to those made above for claim 1 (see Applicant's Arguments/Remarks 4/22/2026 pg. 20 last paragraph through pg. 21 first paragraph). These arguments have been considered, and are respectfully responded to in sections 11, 13, 15, and 17 above.
Conclusion
19. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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PAUL D. LEE
Examiner
Art Unit 2857
/PAUL D LEE/Primary Examiner, Art Unit 2857 5/30/2026
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