CTNF 18/395,227 CTNF 86639 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. Information Disclosure Statement The references listed in the Information Disclosure Statements filed have been considered by the examiner (see attached PTO-1449 forms). Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 non-statutory subject matter. The claimed invention is directed to an abstract idea without significantly more. Claim 1 recites a n apparatus for managing a battery, comprising: a profile obtaining unit configured to obtain a first profile, the first profile being based on a voltage value of the battery and a capacity value of the battery; a profile determining unit configured to: determine whether a first condition is satisfied; upon determining the first condition is satisfied, divide the first profile into a plurality of sections ; adjusting a first reference profile based on the first profile or the plurality of section to generate a second profile; and a control unit configured to determine a diagnostic factor based on the second profile… Claim 17 recites a method for managing a battery, comprising: obtaining a first profile, the first profile being based on a voltage value of the battery and a capacity value of the battery; determining whether a first condition is satisfied; upon determining the first condition is satisfied, dividing the first profile into a plurality of sections ; adjusting a first reference profile based on the first profile to generate a second profile; and determining a diagnostic factor based on the second profile… and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations. Claim 1 recites a n apparatus for managing a battery, comprising: a profile obtaining unit configured to obtain a first profile, the first profile being based on a voltage value of the battery and a capacity value of the battery; a profile determining unit configured to: determine whether a first condition is satisfied; upon determining the first condition is satisfied , divide the first profile into a plurality of sections; adjusting a first reference profile based on the first profile or the plurality of section to generate a second profile ; and a control unit configured to determine a diagnostic factor based on the second profile … Claim 17 recites a method for managing a battery, comprising: obtaining a first profile, the first profile being based on a voltage value of the battery and a capacity value of the battery; determining whether a first condition is satisfied; upon determining the first condition is satisfied , dividing the first profile into a plurality of sections; adjusting a first reference profile based on the first profile to generate a second profile; and determining a diagnostic factor based on the second profile … and thus grouped as Mental Processes – concepts performed in the human mind (including an observation, evaluation, judgement, opinion). These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “ a profile obtaining unit configured to obtain a first profile, the first profile being based on a voltage value of the battery and a capacity value of the battery ” (claim 17) “ obtaining a first profile, the first profile being based on a voltage value of the battery and a capacity value of the battery ” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claim 1) the “ a profile determining unit and a control unit ” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see MPEP 2106.04(d)). The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are considered extra-solution activity of pre-solution and post-solution activity which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the units are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f). Dependent claims 2-16 and 18-20 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea. Allowable Subject Matter Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action. The following is an examiner’s statement of reasons for allowance: Claim 1 is considered to be allowable over the cited prior art because none of the cited prior art teaches or suggests, in combination with the other claimed limitations, upon determining the first condition is satisfied, divide the first profile into a plurality of sections; adjusting a first reference profile based on the first profile or the plurality of section to generate a second profile; and a control unit configured to determine a diagnostic factor based on the second profile. Claim 17 is considered to be allowable over the cited prior art because none of the cited prior art teaches or suggests, in combination with the other claimed limitations, upon determining the first condition is satisfied, dividing the first profile into a plurality of sections; adjusting a first reference profile based on the first profile to generate a second profile; and determining a diagnostic factor based on the second profile. Relevant Prior Art / Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Viswanathan et al. (US Patent Application Publication 2023/0241995 A1) discloses a method for managing electric vehicles; Weicker et al. (US Patent Application Publication 2016/0380315 A1) discloses battery systems having multiple independently controlled sets of battery cells . 07-101 Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340 . The examiner can normally be reached on Monday through Friday from 9:00 a.m . to 5:30 p.m . If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000 . /RICKY GO/Primary Examiner, Art Unit 2857 Application/Control Number: 18/395,227 Page 2 Art Unit: 2857 Application/Control Number: 18/395,227 Page 3 Art Unit: 2857 Application/Control Number: 18/395,227 Page 4 Art Unit: 2857 Application/Control Number: 18/395,227 Page 6 Art Unit: 2857 Application/Control Number: 18/395,227 Page 7 Art Unit: 2857
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