Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
Note: Current action supersedes previous action to correct minor typing error.
Claims status
Claims 1-10 are pending as the applicant filed on 11/13/2023.
Claim Rejections - 35 USC § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1-10, the terms “cumulative capacity” “significant change” “abrupt change” are vague and a relative term that renders the claim indefinite. The terms “cumulative capacity” “significant change” “abrupt change” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably appraised of the scope of the invention. An artisan doing measuring and testing would not know at what point “cumulative capacity” “significant change” “abrupt change” within the scope of the claim had been accomplished because nothing within the disclosure establishes when a sufficient “cumulative capacity” “significant change” “abrupt change” occur.
Note: In view of the PTO compact prosecution, the Examiner notes that due to the indefiniteness issues described above all consideration of the merits of the claims in view of prior art is as best understood.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a method for analyzing and predicting state of health of a lithium battery, comprising: collecting battery data in accordance within a predetermined time interval, wherein the battery data comprises at least battery operating time, current, and voltage; determining a target area based on the battery data;
establishing a relationship between a cumulative capacity of the target area and the state of health of the lithium battery appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of correlating a number of cycles in the state of health of the lithium battery at current time with the state of health of the lithium battery using the cumulative capacity of the target area, to determine a relationship between the number of cycles and the state of health of the lithium battery are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional element of predicting the state of health of the lithium battery in the future according to the relationship between the number of cycles and the state of health of the lithium battery appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 1 not eligible.
Claim 8, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to an apparatus for analyzing and predicting state of health of a lithium battery, comprising: a data acquisition module, configured to collect battery data in within a predetermined time interval, wherein the battery data comprises parameters including at least battery operating time, current, and voltage;
a target area determination module, configured to determine a target area for predicting the state of health of the lithium battery based on the battery data;
a first relationship determination module, configured to establish a relationship between a cumulative capacity of the target area and the state of health of the lithium battery appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of a second relationship determination module, configured to correlate a number of cycles in a current state of the lithium battery with the state of health of the lithium battery using the cumulative capacity of the target area, and to determine a relationship between the number of cycles and the state of health of the lithium battery are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional element of a state of health prediction module, configured to predict the state of health of the lithium battery in a future according to the relationship between the number of cycles and the state of health appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 8 not eligible.
Claim 2, related to wherein the determining of the target area based on the battery data comprises: calculating a capacity difference according to a relationship between the voltage and the capacity, and fitting the voltage and the capacity difference; and determining the target area and the cumulative capacity of the target area based on the relationship between the voltage and the capacity difference appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 2 not eligible.
Claim 3, related to the battery data further comprises a state of charge on the lithium battery; wherein the capacity is determined based on the state of charge; or the capacity is obtained by calculating a capacity change in a charging and discharging process according to the collected current and the battery operating time appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 3 not eligible.
Claim 4, related to the determining of the target area comprises: determining the target area based on a particular charging or discharging cycle activity of the lithium battery; wherein the target area is a region containing a significant change in a curve of capacity difference versus the voltage, wherein a starting point of the target area is defined at a difference abrupt change point or a difference maximum point in the curve of the capacity difference versus the voltage, and an ending point of the target area is a maximum point of the curve of the capacity difference versus the voltage appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 4 not eligible.
Claim 5, related to determining of the cumulative capacity of the target area comprises: calculating a sum of the capacity difference from a starting point to an end point of the target area appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 5 not eligible.
Claim 6, related to wherein a way of determining the number of cycles comprises: taking the current cycle as a base cycle and adding subsequent cycles one by one, so that subsequent number of cycles is a constant rolling of the current number of cycles; and correcting the number of cycles by applying the capacity obtained from a last calibration experiment as a full charge capacity for a subsequent period of time, and by utilizing an actual charge capacity during a current cycle of the lithium battery appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 6 not eligible.
Claim 7, related to wherein the battery data further comprises charging data and/or discharging data; and wherein the method further comprises at least one of the following:calculating the number of cycles that can be performed by the lithium battery when the state of health of the lithium battery reaches a predetermined percentage based on a first relationship between the number of cycles and the state of health of the lithium battery; fitting the cumulative capacity of the target area and the state of health of the lithium battery based on the charging data in a preset number of cycles, and making a first prediction of a future state of health of the lithium battery based on a second relationship between the number of cycles and the state of health of the lithium battery; making a second prediction of the future state of health of the lithium battery and updating result of the first prediction based on new battery data acquired after a predetermined period of time; replacing the target area at a specific cycle number from a difference abrupt change point to a difference maximum point of a capacity difference curve; and making a third prediction of the future state of health of the lithium battery by combining the charging data and the discharging data, and correcting prediction results corresponding to the charging data and the discharging data appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 7 not eligible.
Claim 9, related to a processor and a memory; wherein the memory is configured to store a computer program; and wherein the processor is configured to execute the computer program stored in the memory to enable the electronic device to perform appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 9 not eligible.
Claim 10, related to a computer program stored thereon, wherein the computer program, when executed by a processor, implements the method appears recite further data characterization and mathematical concepts that are part of the abstract idea, claims 10 not eligible.
Claims 8 and 10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claims are drawn to a "computer readable storage" or “store a computer program”. The broadest reasonable interpretation of a claim drawn to a computer readable storage or store a computer program covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent (see MPEP 2111.01). Because the broadest reasonable interpretation covers a signal per se, a rejection under 35 USC 101 is appropriate as covering non-statutory subject matter. See 351 OG 212, Feb 23 2010.
The Examiner suggests that Applicant amends the claims as follows: "non-transitory computer readable storage containing computer instructions stored therein for causing a computer processor to perform".
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by FUJITA et al. (US Patent Application Publication 2018/0261893 A1, Date Published 2018-09-13)
Regarding claim 1:
FUJITA described a method for analyzing and predicting state of health of a lithium battery (0003, lithium ion secondary batteries, conditions of use), comprising:
collecting battery data in accordance within a predetermined time interval (0042, predetermined time period), wherein the battery data comprises at least battery operating time (0042, to be performed every predetermined time period), current, and voltage (0043, current and voltage data);
determining a target area based on the battery data (0043, charge/discharge current and voltage data );
establishing a relationship between a cumulative capacity of the target area and the state of health of the lithium battery (0044, electrode capacity);
correlating a number of cycles in the state of health of the lithium battery at current time with the state of health of the lithium battery using the cumulative capacity of the target area (0108, correlates with a time or a cycle amount of charge and discharge), to determine a relationship between the number of cycles and the state of health of the lithium battery (0108, correlates with a time or a cycle amount of charge and discharge); and
predicting the state of health of the lithium battery in the future according to the relationship between the number of cycles and the state of health of the lithium battery (0174, predicts the battery characteristics, the inner state parameters, the lifetime, and the like of the storage battery).
Regarding claim 8:
FUJITA described an apparatus for analyzing and predicting state of health of a lithium battery (0003, lithium ion secondary batteries, conditions of use ), comprising:
a data acquisition module, configured to collect battery data in within a predetermined time interval (0042, predetermined time period), wherein the battery data comprises parameters including at least battery operating time (0042, to be performed every predetermined time period), current, and voltage (0043, current and voltage data);
a target area determination module, configured to determine a target area for predicting the state of health of the lithium battery based on the battery data (0044, electrode capacity);
a first relationship determination module, configured to establish a relationship between a cumulative capacity of the target area and the state of health of the lithium battery (0044, electrode capacity);
a second relationship determination module, configured to correlate a number of cycles in a current state of the lithium battery with the state of health of the lithium battery using the cumulative capacity of the target area (0108, correlates with a time or a cycle amount of charge and discharge), and to determine a relationship between the number of cycles and the state of health of the lithium battery (0108, correlates with a time or a cycle amount of charge and discharge); and
a state of health prediction module, configured to predict the state of health of the lithium battery in a future according to the relationship between the number of cycles and the state of health (0174, predicts the battery characteristics, the inner state parameters, the lifetime, and the like of the storage battery).
Regarding claim 2, FUJITA further described calculating a capacity difference according to a relationship between the voltage and the capacity (0076, compares the calculated open circuit voltage with a predetermined storage battery lower limit voltage), and fitting the voltage (0076, included voltage) and the capacity difference (0077, nominal capacity); and determining the target area and the cumulative capacity of the target area based on the relationship between the voltage and the capacity difference (0077, nominal capacity, 0097, capacity reduction).
Regarding claim 3, FUJITA further described a state of charge on the lithium battery; wherein the capacity is determined based on the state of charge (0098, during charge); or the capacity is obtained by calculating a capacity change in a charging and discharging process according to the collected current and the battery operating time.
Regarding claim 4, FUJITA further described determining the target area based on a particular charging or discharging cycle activity of the lithium battery (0098, during charge; wherein the target area is a region containing a significant change in a curve of capacity difference versus the voltage, wherein a starting point of the target area is defined at a difference abrupt change point (fig. 3) or a difference maximum point in the curve of the capacity difference versus the voltage, and an ending point of the target area is a maximum point of the curve of the capacity difference versus the voltage (fig. 3, max @ t1).
Regarding claim 5, FUJITA further described calculating a sum of the capacity difference from a starting point to an end point of the target area (fig. 6A, 6B area under the curve, 0094, sum total).
Regarding claim 6, FUJITA further described taking the current cycle as a base cycle and adding subsequent cycles one by one, so that subsequent number of cycles is a constant rolling of the current number of cycles (0108, cycle amount of charge and discharge); and correcting the number of cycles by applying the capacity obtained from a last calibration experiment as a full charge capacity for a subsequent period of time (0184, full charge), and by utilizing an actual charge capacity during a current cycle of the lithium battery (0184, detection cell smaller in battery capacity).
Regarding claim 7, FUJITA further described charging data and/or discharging data (0077, charge); and wherein the method further comprises at least one of the following: calculating the number of cycles that can be performed by the lithium battery when the state of health of the lithium battery reaches a predetermined percentage based on a first relationship between the number of cycles and the state of health of the lithium battery (0108, time or a cycle amount of charge, 0156, several percentages may be specified as the condition of use); fitting the cumulative capacity of the target area and the state of health of the lithium battery based on the charging data in a preset number of cycles, and making a first prediction of a future state of health of the lithium battery based on a second relationship between the number of cycles and the state of health of the lithium battery; making a second prediction of the future state of health of the lithium battery and updating result of the first prediction based on new battery data acquired after a predetermined period of time; replacing the target area at a specific cycle number from a difference abrupt change point to a difference maximum point of a capacity difference curve; and making a third prediction of the future state of health of the lithium battery by combining the charging data and the discharging data, and correcting prediction results corresponding to the charging data and the discharging data.
Regarding claim 9, FUJITA further described a processor and a memory; wherein the memory is configured to store a computer program; and wherein the processor is configured to execute the computer program stored in the memory to enable the electronic device to perform the method (0193-0194, computer apparatus as basic hardware and causing a processor mounted in the computer apparatus to execute the program.)
Regarding claim 10, FUJITA further described having a computer program stored thereon, wherein the computer program, when executed by a processor, implements the method (0193-0194, computer apparatus as basic hardware and causing a processor mounted in the computer apparatus to execute the program.)
Contact information
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll- free). 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.
/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
January 27,2026