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 .
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 a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1, and similarly in claims 19 and 20, recites:
“A method of estimating a short circuit resistance in a battery using open cell voltage (OCV), the method comprising: determining a rest period OCV for a rest period of the battery; determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature, a first state-of-health (SoH) parameter, and a first temperature of the battery; determining that an internal short is present in the battery based on the no-short OCV and the rest period OCV, and based thereon extending the rest period of the battery; determining an extended OCV of the battery for the extended rest period based on the predetermined parameter, a second SoH parameter, and a second temperature of the battery; and estimating the short circuit resistance based on the no-short OCV, the predetermined parameter, and the extended OCV.”
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional element”.
Under the Step 1 of the eligibility analysis, we determine whether the claims are to a statutory category by considering whether the claimed subject matter falls within the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: Process, machine, manufacture, or composition of matter. The above claim is considered to be in a statutory category (process).
Under the Step 2A, Prong One, we consider whether the claim recites a judicial exception (abstract idea). In the above claim, the highlighted portion constitutes an abstract idea because, under a broadest reasonable interpretation, it recites limitations that fall into/recite an abstract idea exceptions. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, it falls into the groupings of subject matter when recited as such in a claim limitation that falls into the grouping of subject matter when recited as such in a claim limitation, that covers mathematical concepts - mathematical relationships, mathematical formulas or equations, mathematical calculations and mental processes – concepts performed in the human mind including an observation, evaluation, judgement, and/or opinion.
For example, the step of “determining a rest period OCV for a rest period of the battery; determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature, a first state-of-health (SoH) parameter, and a first temperature of the battery” is treated as belonging to the mathematical concepts grouping while the steps of “determining a no-short OCV of a no-short condition based on a predetermined parameter, a first state-of-health (SoH) parameter, and a first temperature of the battery; determining that an internal short is present in the battery based on the no-short OCV and the rest period OCV, and based thereon extending the rest period of the battery; determining an extended OCV of the battery for the extended rest period based on the predetermined parameter, a second SoH parameter, and a second temperature of the battery; and estimating the short circuit resistance based on the no-short OCV, the predetermined parameter, and the extended OCV” is treated as belonging to mental process grouping. This mental step represents a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. That is, nothing in the claim element precludes the step from practically being performed in the mind. In the context of this claim, this step encompasses the user manually making a determination (judgement) about a short-circuit based on OCV and temperature that may indicate an abnormality.
Next, under the Step 2A, Prong Two, we consider whether the claim that recites a judicial exception is integrated into a practical application.
In this step, we evaluate whether the claim recites additional elements that
integrate the exception into a practical application of that exception.
The above claims comprise the following additional elements:
Claim 1: A method of estimating a short circuit resistance in a battery using open cell voltage (OCV), the method comprising
Claim 10: A system for estimating a short circuit resistance in a battery using open cell voltage (OCV), the system comprising: a processor coupled to a memory and a battery management system (BMS); the memory storing instructions configured to cause the processor to:
Claim 18: A method of determining a short circuit resistance of a battery, the method comprising: determining a first OCV corresponding to a rest period of the battery
The above additional elements in Claim 1 such as a method of estimating a short circuit resistance in a battery using open cell voltage (OCV), the method comprising: determining a rest period OCV for a rest period of the battery is generically recited and not meaningful. The additional elements in Claim 10 such as a processor is an example of generic computer equipment (components) that is generally recited and, therefore, is not qualified as a particular machine.
Therefore, the claims are directed to a judicial exception and require further analysis under the Step 2B.
However, the above claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception (Step 2B analysis) because these additional elements/steps are well-understood and conventional in the relevant art based on the prior art of record including references in the submitted IDS (12/04/2025) by the Applicant (Chen and Li).
The independent claims, therefore, are not patent eligible.
With regards to the dependent claims, claims 2-9, 11-17, and 19-20 provide additional features/steps which are either part of an expanded abstract idea of the independent claims (additionally comprising mathematical (Claims 2-9, 11-17, and 19-20) or adding additional elements/steps that are not meaningful as they are recited in generality and/or not qualified as particular machine/ and/or eligible transformation and, therefore, do not reflect a practical application as well as not qualified for “significantly more” based on prior art of record.
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 1-6, 8-15, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable Chen et al. (WO2018196121), hereinafter referred to as ‘Chen’ and in further view of Li et al.(US9774197), hereinafter referred to as ‘Li’, Yazami et al. (US20210208208), hereinafter referred to as ‘Yazami’, and Glindemann et al. (US20130151182), hereinafter referred to as ‘Glindemann’.
Regarding Claim 1, Chen discloses a method of estimating a short circuit resistance in a battery using open cell voltage (OCV), the method comprising (The essence of an internal short circuit in a battery is that a short-circuit resistance is formed inside the battery during discharge [0004]; Firstly, a method for determining an internal short circuit in a battery is provided. This method specifically includes: firstly, measuring the open-circuit voltage OCV [0010]): determining a rest period OCV for a rest period of the battery (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, before obtaining the remaining battery charge Q<sub>OCV1</sub> corresponding to OCV<sub>1</sub> in the preset correspondence, the method for determining the internal short circuit of the battery provided in this application may further include: after the battery is fully charged and stabilized; i.e., rest period, at different test temperatures, testing the open circuit voltage corresponding to different remaining battery charges to form a preset correspondence. [0018]); determining a no-short OCV of a no-short condition (The remaining charge Q<sub>OCV2</sub> is recorded, and the integral of the current flowing through the battery from the power-on of the system to time t<sub>2</sub> is recorded, Q<sub>CC2</sub>. Based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the charge difference generated by the internal short circuit of the battery per unit time between time t<sub>1</sub> and t<sub>2</sub> is calculated as the internal short circuit current I<sub>ISC</sub> of the battery. If the calculated I<sub>ISC</sub> is greater than or equal to a preset threshold, the battery is determined to be in an internal short circuit, i.e., determining a no-short OCV of a no-short condition when the I-ISC is less than the predetermined threshold [0019]), and a first temperature of the battery (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, if the preset correspondence includes the correspondence between the open-circuit voltage and the remaining charge of the battery at different battery temperatures [0021]); determining that an internal short is present in the battery based on the no-short OCV and the rest period OCV (The remaining charge Q<sub>OCV2</sub> is recorded, and the integral of the current flowing through the battery from the power-on of the system to time t<sub>2</sub> is recorded, Q<sub>CC2</sub>. Based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the charge difference generated by the internal short circuit of the battery per unit time between time t<sub>1</sub> and t<sub>2</sub> is calculated as the internal short circuit current I<sub>ISC</sub> of the battery. If the calculated I<sub>ISC</sub> is greater than or equal to a preset threshold, the battery is determined to be in an internal short circuit, i.e., determining a no-short OCV [0019]); determining an OCV of the battery for the rest period (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, before obtaining the remaining battery charge Q<sub>OCV1</sub> corresponding to OCV<sub>1</sub> in the preset correspondence, the method for determining the internal short circuit of the battery provided in this application may further include: after the battery is fully charged and stabilized; i.e., rest period, at different test temperatures, testing the open circuit voltage corresponding to different remaining battery charges to form a preset correspondence. [0018]), and a second temperature of the battery( In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, if the preset correspondence includes the correspondence between the open-circuit voltage and the remaining charge of the battery at different battery temperatures [0021]); and estimating the short circuit resistance based on the no-short OCV, the predetermined parameter, and the OCV (The remaining charge Q<sub>OCV2</sub> is recorded, and the integral of the current flowing through the battery from the power-on of the system to time t<sub>2</sub> is recorded, Q<sub>CC2</sub>. Based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the charge difference generated by the internal short circuit of the battery per unit time between time t<sub>1</sub> and t<sub>2</sub> is calculated as the internal short circuit current I<sub>ISC</sub> of the battery. If the calculated I<sub>ISC</sub> is greater than or equal to a preset threshold, the battery is determined to be in an internal short circuit, i.e., determining a no-short OCV [0019]).
However, Chen does not explicitly disclose determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature, a first state-of-health (SoH) parameter, determining that an internal short is present in the battery based on the no-short OCV and the rest period OCV and based thereon extending the rest period of the battery; determining an extended OCV of the battery for the extended rest period based on the predetermined parameter, a second SoH parameter, and estimating the short circuit resistance based on the no-short OCV, the predetermined parameter, and the extended OCV.
Nevertheless, Li discloses determining a predetermined parameter (Battery cell charge balancing resistor 24 and switch 25 for each battery cell may be integrated with and packaged together with the battery back during the manufacturing process. Battery cell charge balancing resistor 24 may have a predetermined value for all the battery cells in the battery pack, Col. 4, Lines 37-43), a first state-of-health (SoH) parameter (Read or measure a terminal voltage of the ith battery cell and obtain an initial charge state SOC(i).sub.start corresponding to the terminal voltage of the ith battery cell base on a SOC-OCV (Open Circuit Voltage) curve (Step 2B of FIG. 1B), Col. 5, Lines 49-53), extending the rest period of the battery (For example, rest time T.sub.cal1 may be specified as a minimum length of time that the battery need to stabilize and reach thermal and electrical equilibria, after, e.g., the battery pack is disconnected, i.e., extending the rest period , from the high voltage loop , Col. 7, Lines 17-21); determining an extended OCV of the battery for the extended rest period (For example, rest time T.sub.cal1 may be specified as a minimum length of time that the battery need to stabilize and reach thermal and electrical equilibria, after, e.g., the battery pack is disconnected, i.e., extending the rest period , from the high voltage loop , Col. 7, Lines 17-21), and estimating the short circuit resistance (determining that a short-circuit resistance of the battery is excessively low and that the battery is in a dangerous state, Col. 14, Lines 35-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen with the teachings of Li to determine the open circuit voltage of the battery at various time periods and improve accuracy short circuit resistance estimation.
However, the combination does not explicitly disclose determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature, a first state-of-health (SoH) parameter and a second SoH parameter.
Nevertheless, Yazami discloses first state-of-health (SoH) parameter (OCV, ΔS and ΔH profiles vary with the battery ageing, which relates to the cell state of health (SOH) [0029]) and a second SoH parameter (OCV, ΔS and ΔH profiles vary with the battery ageing, which relates to the cell state of health (SOH) [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy of the overall state of health (SOH).
However, the combination do not explicitly disclose determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature.
Nevertheless, Glindemann discloses manufacture of the battery that defines a sensitivity of battery life to temperature (The temperature has proved to be an essential influential factor. In addition, investigations have revealed that the temperature dependence of a manufacturer-specific life of a battery is described by a logarithmic function. A time, which corresponds to the life of the battery, can thus be unambiguously assigned to the temperature of a battery [0014]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to evaluate the life of the battery cell as it relates to temperature at various periods of stabilization and improve accuracy of the overall state of health (SOH).
Regarding Claim 2, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 1.
However, Chen does not explicitly disclose the predetermined parameter defines the effect of different temperatures on battery life of the battery.
Nevertheless, Li discloses the predetermined parameter (as discussed above)…the effect of different temperatures on battery life of the battery (Before a battery cell charge balancing operation is performed, a battery cell is monitored for a satisfaction of the following conditions: the battery temperature is within a certain predetermined range (for example, 15° C. to 25° C.), Col. 7, Lines 34-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to monitor battery cell performance as it relates to different temperatures and improve accuracy with determining short circuit resistance .
Regarding Claim 3, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 1.
Chen discloses the determining that an internal short is present in the battery comprises: determining that a difference between the no-short OCV and the rest period OCV exceeds a threshold (This method specifically includes: firstly, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub>, obtaining the remaining charge Q<sub>OCV1</sub> of the battery corresponding to OCV<sub>1</sub> in a preset correspondence, and recording the integral of the current flowing through the battery from the power-on of the system to time t<sub>1</sub>, Q<sub>CC1</sub>…If the calculated I<sub>ISC</sub> is greater than or equal to a preset threshold, the battery is determined to be in an internal short circuit [0010]).
Regarding Claim 4, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 1.
Chen discloses the estimating of the short circuit resistance (as discussed above).
However, Chen does not explicitly disclose the estimating of the short circuit resistance is based on a determined parameter and a difference between the extended OCV and the no-short OCV.
Nevertheless, Li discloses the extended OCV (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 5, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 1.
Chen discloses the estimating of the short circuit resistance comprises (as discussed above): determining a no-short slope of the no-short OCV based on the first temperature (as discussed above) and the first SoH parameter; determining an extended slope of the extended OCV based on the second temperature (as discussed above) and the second SoH parameter; and estimating the short circuit resistance based on a difference between the extended slope and the no-short slope (Based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the charge difference generated by the internal short circuit [0010]).
However, Chen does not explicitly disclose the estimating of the short circuit resistance comprises: determining a no-short slope of the no-short OCV based on the first temperature and the first SoH parameter; determining an extended slope of the extended OCV based on the second temperature and the second SoH parameter; and estimating the short circuit resistance based on a predetermined parameter and a difference between the extended slope and the no-short slope.
Nevertheless, Li discloses the first SoH parameter (as discussed above); the second SoH parameter (as discussed above); and estimating the short circuit resistance based on a slope (Fifth, a battery life vs. battery cell charge balancing speed curve graph is drawn to predict a battery internal short-circuit state. Consequently, an occurrence time of a battery internal short-circuit can be roughly estimated, so as to automatically arrange for performing a future battery cell charge balancing at an estimated time and performing detection on the battery internal short-circuit, Col. 3, Lines ).
However, the combination does not explicitly disclose estimating the short circuit resistance based on a predetermined parameter and a difference between the extended slope and the no-short slope.
Nevertheless, Yazami discloses the extended slope and the no-short slope (Figs. 8-10 [0066-0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 6, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 5.
Chen discloses the short circuit resistance is estimated (as discussed above).
However, Chen does not explicitly disclose the short circuit resistance is estimated using a predefined equation.
Nevertheless, Li discloses the short circuit resistance is estimated using a predefined equation (The internal short-circuit state estimation value ε of the battery cell is specifically and exemplarily, Col. 2, Lines 45-52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to determine the open circuit voltage of the battery at various time periods and improve accuracy of determining short circuit resistance.
Regarding Claim 8, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 2.
However, Chen does not explicitly disclose the predetermined parameter is a parameter of the battery corresponding to when the battery was manufactured.
Nevertheless, Li discloses the predetermined parameter is a parameter of the battery corresponding to when the battery was manufactured (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to determine the open circuit voltage of the battery at various time periods and improve accuracy of determining short circuit resistance.
Regarding Claim 9, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 1.
Chen discloses the first SoH parameter is obtained from a battery management system (BMS) (The implementation of this solution is not limited by the scenario in which the battery is located, and due to the accurate correspondence between the open-circuit voltage and the battery capacity, it can accurately determine the internal short circuit of the battery in various scenarios, which facilitates battery management [0011]).
However, Chen does not explicitly disclose the first SoH parameter is obtained from a battery management system (BMS).
Nevertheless, Yazami discloses the first SoH parameter (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 10, Chen discloses a system for estimating a short circuit resistance in a battery using open cell voltage (OCV), the system comprising: a processor coupled to a memory and a battery management system (BMS); the memory storing instructions configured to cause the processor to: (The essence of an internal short circuit in a battery is that a short-circuit resistance is formed inside the battery during discharge [0004]; Firstly, a method for determining an internal short circuit in a battery is provided. This method specifically includes: firstly, measuring the open-circuit voltage OCV [0010]; The device for determining an internal short circuit in a battery may also include a memory coupled to a processor, which stores program instructions and data necessary for the device to determine an internal short circuit in a battery [0027]): determine a rest period OCV for a rest period of the battery (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, before obtaining the remaining battery charge Q<sub>OCV1</sub> corresponding to OCV<sub>1</sub> in the preset correspondence, the method for determining the internal short circuit of the battery provided in this application may further include: after the battery is fully charged and stabilized at different test temperatures, testing the open circuit voltage corresponding to different remaining battery charges to form a preset correspondence. [0018]); determine a no-short OCV of a no-short condition (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub> may specifically include: after the battery stabilizes, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub> [0019]), a first temperature of the battery (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, if the preset correspondence includes the correspondence between the open-circuit voltage and the remaining charge of the battery at different battery temperatures [0021]); determine that an internal short is present in the battery based on the no-short OCV and the rest period OCV, and based thereon, extend the rest period of the battery (Firstly, a method for determining an internal short circuit in a battery is provided. This method specifically includes: firstly, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub>, obtaining the remaining charge [0010]); determine an extended OCV of the battery for the extended rest period (Firstly, a method for determining an internal short circuit in a battery is provided. This method specifically includes: firstly, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub>, obtaining the remaining charge [0010]), and a second temperature of the battery( In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, if the preset correspondence includes the correspondence between the open-circuit voltage and the remaining charge of the battery at different battery temperatures [0021]); and estimating the short circuit resistance based on the no-short OCV and the extended OCV (The difference between Q<sub>OCV1</sub>-Q<sub>OCV2</sub> and Q<sub>CC2</sub>-Q<sub>CC1</sub> is the amount of discharge caused by the internal short-circuit resistance when an internal short circuit exists. [0096]).
However, Chen does not explicitly disclose determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature, a first state-of-health (SoH) parameter, determining that an internal short is present in the battery based on the no-short OCV and the rest period OCV and based thereon extending the rest period of the battery; determining an extended OCV of the battery for the extended rest period based on the predetermined parameter, a second SoH parameter, and estimating the short circuit resistance based on the no-short OCV, the predetermined parameter, and the extended OCV.
Nevertheless, Li discloses determining a predetermined parameter (Battery cell charge balancing resistor 24 and switch 25 for each battery cell may be integrated with and packaged together with the battery back during the manufacturing process. Battery cell charge balancing resistor 24 may have a predetermined value for all the battery cells in the battery pack, Col. 4, Lines 37-43), a first state-of-health (SoH) parameter (Read or measure a terminal voltage of the ith battery cell and obtain an initial charge state SOC(i).sub.start corresponding to the terminal voltage of the ith battery cell base on a SOC-OCV (Open Circuit Voltage) curve (Step 2B of FIG. 1B), Col. 5, Lines 49-53), extending the rest period of the battery (For example, rest time T.sub.cal1 may be specified as a minimum length of time that the battery need to stabilize and reach thermal and electrical equilibria, after, e.g., the battery pack is disconnected, i.e., extending the rest period, from the high voltage loop , Col. 7, Lines 17-21); determining an extended OCV of the battery for the extended rest period (For example, rest time T.sub.cal1 may be specified as a minimum length of time that the battery need to stabilize and reach thermal and electrical equilibria, after, e.g., the battery pack is disconnected from the high voltage loop , Col. 7, Lines 17-21), and estimating the short circuit resistance (determining that a short-circuit resistance of the battery is excessively low and that the battery is in a dangerous state, Col. 14, Lines 35-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen with the teachings of Li to determine the open circuit voltage of the battery at various time periods and improve accuracy of determining short circuit resistance.
However, the combination does not explicitly disclose determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature, a first state-of-health (SoH) parameter and a second SoH parameter.
Nevertheless, Yazami discloses first state-of-health (SoH) parameter (OCV, ΔS and ΔH profiles vary with the battery ageing, which relates to the cell state of health (SOH) [0029]) and a second SoH parameter (OCV, ΔS and ΔH profiles vary with the battery ageing, which relates to the cell state of health (SOH) [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
However, the combination do not explicitly disclose determining a no-short OCV of a no-short condition based on a predetermined parameter determined at manufacture of the battery that defines a sensitivity of battery life to temperature.
Nevertheless, Glindemann discloses manufacture of the battery that defines a sensitivity of battery life to temperature (The temperature has proved to be an essential influential factor. In addition, investigations have revealed that the temperature dependence of a manufacturer-specific life of a battery is described by a logarithmic function. A time, which corresponds to the life of the battery, can thus be unambiguously assigned to the temperature of a battery [0014]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen, Li, and Yazami with the teachings of Glindemann to evaluate the life of the battery cell as it relates to temperature at various periods of stabilization and improve accuracy of the overall state of health (SOH).
Regarding Claim 11, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 10.
However, Chen does not explicitly disclose the predetermined parameter defines the effect of different temperatures on battery life of the battery.
Nevertheless, Li discloses the predetermined parameter (as discussed above)…the effect of different temperatures on battery life of the battery (Before a battery cell charge balancing operation is performed, a battery cell is monitored for a satisfaction of the following conditions: the battery temperature is within a certain predetermined range (for example, 15° C. to 25° C.), Col. 7, Lines 34-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to monitor battery cell performance as it relates to different temperatures and improve accuracy with determining short circuit resistance .
Regarding Claim 12, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 10.
Chen discloses to cause the processor to: determine that an internal short is present in the battery in response to a difference between the no-short OCV and the rest period OCV exceeding a threshold (This method specifically includes: firstly, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub>, obtaining the remaining charge Q<sub>OCV1</sub> of the battery corresponding to OCV<sub>1</sub> in a preset correspondence, and recording the integral of the current flowing through the battery from the power-on of the system to time t<sub>1</sub>, Q<sub>CC1</sub>…If the calculated I<sub>ISC</sub> is greater than or equal to a preset threshold, the battery is determined to be in an internal short circuit [0010]).
Regarding Claim 13, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 10.
Chen discloses estimate the short circuit resistance (as discussed above).
However, Chen does not explicitly disclose the processor to: estimate the short circuit resistance based on a predetermined parameter and a difference between the extended OCV and the no-short OCV.
Nevertheless, Li discloses the processor to: estimate the short circuit resistance based on a predetermined parameter and a difference between the extended OCV and the no-short OCV (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 14, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 10.
Chen discloses the processor (as discussed above): the estimating of the short circuit resistance comprises (as discussed above): determining a no-short slope of the no-short OCV based on the first temperature (as discussed above) and the first SoH parameter; determining an extended slope of the extended OCV based on the second temperature (as discussed above) and the second SoH parameter; and estimate the short circuit resistance based on a predetermined parameter and a difference between the extended slope and the no-short slope (Based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the charge difference generated by the internal short circuit [0010]).
However, Chen does not explicitly disclose the estimating of the short circuit resistance comprises: determining a no-short slope of the no-short OCV based on the first temperature and the first SoH parameter; determining an extended slope of the extended OCV based on the second temperature and the second SoH parameter; and estimating the short circuit resistance based on a predetermined parameter and a difference between the extended slope and the no-short slope.
Nevertheless, Li discloses the first SoH parameter (as discussed above); the second SoH parameter (as discussed above); and the extended slope (Fifth, a battery life vs. battery cell charge balancing speed curve graph is drawn to predict a battery internal short-circuit state. Consequently, an occurrence time of a battery internal short-circuit can be roughly estimated, so as to automatically arrange for performing a future battery cell charge balancing at an estimated time and performing detection on the battery internal short-circuit, Col. 3, Lines ).
However, the combination does not explicitly disclose estimating the short circuit resistance based on a predetermined parameter and a difference between the extended slope and the no-short slope.
Nevertheless, Yazami discloses the extended slope and the no-short slope (Figs. 8-10 [0066-0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 15, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 14.
However, Chen does not explicitly disclose the short circuit resistance is estimated using a predefined equation.
Nevertheless, Li discloses the instructions are further configured to cause the processor to estimate the short circuit resistance using a predefined equation (The internal short-circuit state estimation value ε of the battery cell is specifically and exemplarily, Col. 2, Lines 45-52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to determine the open circuit voltage of the battery at various time periods and improve accuracy of determining short circuit resistance.
Regarding Claim 17, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 10.
However, Chen does not explicitly disclose the predetermined parameter is a parameter of the battery corresponding to when the battery was manufactured.
Nevertheless, Li discloses the predetermined parameter is a parameter of the battery corresponding to when the battery was manufactured (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to determine the open circuit voltage of the battery at various time periods and improve accuracy of determining short circuit resistance.
Claims 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, Li, and Yazami.
Regarding Claim 18, Chen discloses a method of determining a short circuit resistance of a battery, the method comprising (The essence of an internal short circuit in a battery is that a short-circuit resistance is formed inside the battery during discharge [0004]; Firstly, a method for determining an internal short circuit in a battery is provided. This method specifically includes: firstly, measuring the open-circuit voltage OCV [0010]): determining a first OCV corresponding to a rest period of the battery (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, before obtaining the remaining battery charge Q<sub>OCV1</sub> corresponding to OCV<sub>1</sub> in the preset correspondence, the method for determining the internal short circuit of the battery provided in this application may further include: after the battery is fully charged and stabilized at different test temperatures, testing the open circuit voltage corresponding to different remaining battery charges to form a preset correspondence. [0018]); a second OCV corresponding to a no-short condition of the battery; based on the first OCV and the second OCV (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub> may specifically include: after the battery stabilizes, measuring the open-circuit voltage OCV<sub>1</sub> of the battery at time t<sub>1</sub> [0019]), and a first temperature of the battery (In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, if the preset correspondence includes the correspondence between the open-circuit voltage and the remaining charge of the battery at different battery temperatures [0021]); a second OCV corresponding to a no-short condition of the battery; based on the first OCV and the second OCV (The remaining charge Q<sub>OCV2</sub> is recorded, and the integral of the current flowing through the battery from the power-on of the system to time t<sub>2</sub> is recorded, Q<sub>CC2</sub>. Based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the charge difference generated by the internal short circuit of the battery per unit time between time t<sub>1</sub> and t<sub>2</sub> is calculated as the internal short circuit current I<sub>ISC</sub> of the battery. If the calculated I<sub>ISC</sub> is greater than or equal to a preset threshold, the battery is determined to be in an internal short circuit, i.e., determining a no-short OCV of a no-short condition [0019]), and a second temperature of the battery( In conjunction with the first aspect or any of the above possible implementations, in one possible implementation, if the preset correspondence includes the correspondence between the open-circuit voltage and the remaining charge of the battery at different battery temperatures [0021]); an OCV corresponding to the rest period duration; and determining the short circuit resistance based on the second OCV and the third OCV (The difference between Q<sub>OCV1</sub>-Q<sub>OCV2</sub> and Q<sub>CC2</sub>-Q<sub>CC1</sub> is the amount of discharge caused by the internal short-circuit resistance when an internal short circuit exists. [0096]).
However, Chen does not explicitly disclose determining, based on a first SOH of the battery, determining, based on a first SOH of the battery and a first temperature of the battery, a second OCV corresponding to a no-short condition of the battery; based on the first OCV and the second OCV, increasing a rest period duration of the battery; determining, based on a second SOH of the battery and a second temperature of the battery, a third OCV corresponding to the increased rest period duration; and determining the short circuit resistance based on the second OCV and the third OCV.
Nevertheless, Li discloses determining, based on a first SOH of the battery (Read or measure a terminal voltage of the ith battery cell and obtain an initial charge state SOC(i).sub.start corresponding to the terminal voltage of the ith battery cell base on a SOC-OCV (Open Circuit Voltage) curve (Step 2B of FIG. 1B), Col. 5, Lines 49-53), extending the rest period of the battery (as discussed above); the extended rest period based on the predetermined parameter (as discussed above), and estimating the short circuit resistance (determining that a short-circuit resistance of the battery is excessively low and that the battery is in a dangerous state, Col. 14, Lines 35-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen with the teachings of Li to determine the open circuit voltage of the battery at various time periods and improve accuracy of determining short circuit resistance.
However, the combination does not explicitly disclose determining, based on a first SOH of the battery, determining, based on a first SOH of the battery; determining, based on a second SOH of the battery.
Nevertheless, Yazami discloses first SOH of the battery (OCV, ΔS and ΔH profiles vary with the battery ageing, which relates to the cell state of health (SOH) [0029]) and a second SOH of the battery (OCV, ΔS and ΔH profiles vary with the battery ageing, which relates to the cell state of health (SOH) [0029]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to OCV measured at various periods of stabilization and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 19, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 18.
Chen discloses the determining the second OCV (as discussed above) and the short circuit resistance are further based on a predetermined parameter of the battery (as discussed above).
However, Chen does not explicitly disclose the third OCV.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to multiple measured OCV values and improve accuracy when determining the overall state of health (SOH).
Regarding Claim 20, Chen, Li, Yazami, and Glindemann disclose the claimed invention discussed in claim 18.
Chen discloses the short circuit resistance is determined based on a difference between second OCV and the third OCV (In conjunction with the first aspect, in one possible implementation, based on Q<sub>OCV1</sub>, Q<sub>CC1</sub>, Q<sub>OCV2</sub>, and Q<sub>CC2</sub>, the difference in charge generated by the internal short circuit of the battery per unit time between time t<sub>1</sub> and t<sub>2</sub> is calculated as the internal short-circuit [0013]).
However, Chen does not explicitly disclose the third OCV.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Chen and Li with the teachings of Yazami to evaluate the condition of the battery cell as it relates to multiple measured OCV values and improve accuracy when determining the overall state of health (SOH).
Response to Arguments
35 USC § 112
Applicant’s arguments, filed 06/05/2026, with respect to claims 7 and 16 have been fully considered and are persuasive. The rejection of 7 and 16 has been withdrawn.
35 USC § 101
Applicant’s arguments with respect to claims 1-20 have been considered but are moot in view of new grounds of rejection.
(Applicant argues pg.11 ): Applicant respectfully submits the present claims (1) do not recite an abstract idea, and (2) the claims integrate their respective features into a practical application. The claims are not related to mathematical concepts. The "determining" steps use battery- specific physical parameters (OCV, SoH, temperature, predetermined model parameters) in a concrete application. Calculations are incidental tools embedded in physical measurements and control.
Examiner disagrees and submits that the “"determining" steps” in the present claims recite an abstract idea that includes both math and mental process grouping. The “determining step” rejected as mathematical grouping is consistent with [0083-0084] in the specification and the “determining step” rejected as mental grouping is consistent with making a determination (judgement) about a the short-circuit resistance.
According MPEP 2106.04(a)(2)III.A, “a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)”.
(Applicant argues pgs. 11-12): “Additionally, the claims are not related to mental processes. The determining of OCV requires physical sensors/hardware on the battery (voltage or temperature measurement). Extending the rest period is a tangible physical action that alters the battery's state. Comparing values and estimating resistance cannot practically be performed entirely in the human mind or with pen/paper at the claimed specificity and scale.”
Examiner disagrees and submits that the present claims does not include “physical sensors/hardware”. Additionally, the Applicant does not describe how “Extending the rest period is a tangible physical action that alters the battery's state”. Lastly, “Comparing values and estimating resistance” require evaluation and judgement which are consistent with mental process grouping.
According MPEP 2106.04(a)(2)III.A, “a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind, Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016)”.
(Applicant argues pg. 11): “Moreover, the claims are certainly not methods for organizing human activity. The claims as a whole are (or recite) a specific technical solution in electrochemistry/BMS (rest vs. extended OCV modeling under SoH/temp conditions to trigger physical rest extension and quantify short resistance).”
Examiner disagrees and submits that “…a specific technical solution…” is being executed by the abstract ideas and they must be executed by meaningful additional elements.
(Applicant argues pg. 14): “Even if an abstract idea is recited, Applicants respectfully submit that the claims integrate the alleged abstract idea into a practical application by improving battery technology. For example, the claimed invention is an improvement to a technical field. Specifically, the claims dynamically detect a short circuit via rest OCV vs. modeled no-short OCV, physically extends ae rest period (a control step that changes battery condition), then uses an updated extended OCV model (second SoH/temp) to estimate resistance. This yields a more accurate quantification than static methods, directly improves BMS functionality, short-circuit safety, state estimation, and battery longevity/performance. Applicants respectfully submit that all of these factors are clear technical solutions to a technical problem.”
Examiner disagrees and submits that the claims lack meaningful additional and/or significantly more elements that would indicate an improvement and the applicant is claiming improvements in technology are being executed by the abstract ideas and they must be executed by meaningful additional elements.
35 USC § 103
Applicant argues (pg. 15): “Applicants respectfully submit that nowhere does Li teach or suggest extending a rest period for the battery based on a determination that an internal short is present in the battery based on the no-short OCV and the rest period OCV. Instead, in Li, if certain conditions (e.g., temperature or SOC) are not met for a long time, it relaxes temp/SOC thresholds to force measurement sooner - the opposite of extending a rest period. Li uses a fixed or predetermined rest time for stabilization. There is no teaching or suggestion of detecting a short from OCV comparison, and dynamically extending the rest period in response.”
Examiner disagrees and submits “…nowhere does Li teach or suggest extending a rest period for the battery…” that Li disconnecting the battery is an example of a rest period and Li also discloses “The rest time T.sub.cal1 may, for example, be between 3 minutes and 5 days”, Col. 7, Lines 15-16 which is an example of an extended rest period. Additionally, “…detecting a short from OCV comparison, and dynamically extending the rest period in response” was addressed by the combination of references including the
Applicant argues (pg. 16): “Further, Applicants respectfully submit that there is no teaching or suggestion in the cited references of the feature "determining an extended OCV of the battery for the extended rest period based on the predetermined parameter, a second SoH parameter, and a second temperature of the battery," as recited in independent claim 1. The Office again cites to the above-noted section of Li, as allegedly teaching the claimed feature. However, Applicants respectfully submit that nowhere does Li teach or suggest determining an extended OCV of the battery for the extended rest period, and thus certainly does not teach or suggest "determining an extended OCV of the battery for the extended rest period based on the predetermined parameter, a second SoH parameter, and a second temperature of the battery," as recited in independent claim 1.”
Examiner disagrees and submits that “The Office again cites to the above-noted section of Li, as allegedly teaching the claimed feature” was addressed using the combination of references and the extended rest period was specifically addressed using Li and is further emphasized with “The rest time T.sub.cal1 may, for example, be between 3 minutes and 5 days”, Col. 7, Lines 15-16 which is an example of an extended rest period.
The Examiner submits that according to MPEP 2145, “One cannot show
nonobviousness by attacking references individually where the rejections are
based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871
(CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Where a rejection of a claim is based on two or more references, a reply that is limited
to what a subset of the applied references teaches or fails to teach, or that fails to
address the combined teaching of the applied references may be considered to be an
argument that attacks the reference(s) individually. Where an applicant’s reply
establishes that each of the applied references fails to teach a limitation and addresses
the combined teachings and/or suggestions of the applied prior art, the reply as a whole
does not attack the references individually as the phrase is used in Keller and reliance
on Keller would not be appropriate. This is because "[T]he test for obviousness is what
the combined teachings of the references would have suggested to [a PHOSITA]." In re
Mouttet, 686 F.3d 1322, 1333, 103 USPQ2d 1219, 1226 (Fed. Cir. 2012).”
Allowable Subject Matter
Claims 7 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 7 and 16 would be allowable because the closest prior art Chen, Li, and Yazami either singularly or in combination, fail to anticipate or render obvious, the predefined equation comprises a ratio of (i) the sensitivity of battery life of the battery to temperature to (ii) a difference between the no-short OCV and the extended OCV in combination with all other limitations in the claim as claimed and defined by applicant and also amended to overcome the 35 USC § 101 and 103 rejection(s) presented above.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARAH ZAAB whose telephone number is (571)272-4973. The examiner can normally be reached Monday - Friday 7:00 am - 4:30 pm.
/SHARAH ZAAB/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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