DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of claims
Claims 1-9 and 15 are rejected under 35 U.S.C. 112(b).
Claims 10 and 13-15 are rejected under 35 U.S.C. 101.
Claims 11-12 are withdrawn.
Election/Restrictions
Applicant's election with traverse of Group 1 (claims 1-10 and 13-15) in the reply filed on 06/15/2026 is acknowledged. The traversal is on the ground(s) that the claims of Group 1 and Group 2 are directed to a single general inventive concept and the claims of both Group 1 and Group 2 rely on the same underlying technical principle. This is not found persuasive because independent claim 11 in Group 1 is directed to inventive concept of a monitoring device having a processor to process signals of different frequences and determine a phase difference between signals of the same frequences; however, independent claims 1 and 10 are directed to inventive concept of determining the position of a radio receiver along the length of the antenna; independent claim 13 is directed to inventive concept of determining the position of a radio receiver communicatively couple via near field radio coupling to the antenna; and independent claim 15 is directed to inventive concept of a monitoring device along the length of the antenna. Therefore, Group 1 and Group 2 are directed to different inventive concept with corresponding different underlying technical principles.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/15/2026.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities:
In line 3 of claim 1, “the system” should be changed to “the battery system”.
In line 19 of claim 1, “a first and then a second direction” should be changed to “a first direction and then a second direction”.
In line 19 of claim 1, “determine the position” should be changed to “determine a position”.
In line 2 of claim 2, “the relative position” should be changed to “a relative position”.
In line 9 of claim 2, “a relative position” should be changed to “the relative position”.
In line 2 of claim 3, “the relative position” should be changed to “a relative position”.
In line 8 of claim 3, “a relative position” should be changed to “the relative position”.
In lines 4-5 of claim 4, “a determined relative location” should be changed to
“the determined relative location”.
In last two lines of claim 5, “a plurality of different frequencies in a first and then a second direction around the antenna” should be changed to “the plurality of different frequencies in the first position and then the second direction around the antenna”.
In last line of claim 6, “the first and then the second direction” should be changed to “the first direction and then the second direction”.
In last line of claim 7, “the first and then the second direction” should be changed to “the first direction and then the second direction”.
In line 6 of claim 10, ““a first and then a second direction” should be changed to “a first direction and then a second direction”.
In line 8 of claim 10, “determine the position” should be changed to “determine a position”.
In line 3 of claim 13, “the battery system” should be changed to “a battery system”.
In lines 5-6 of claim 13, “a first and then a second direction” should be changed to “a first direction and then a second direction”.
In line 8 of claim 13, “determine the position of a radio receiver” should be changed to “determine a position of the radio receiver”.
In line 2 of claim 14, “a radio receiver” should be changed to “the radio receiver”.
In line 13 of claim 15, “the location” should be changed to “a location”.
In lines 16-17 of claim 15, “a first and then a second direction” should be changed to “a first direction and then a second direction”.
In line 19 of claim 15, “determine the position” should be changed to “determine a position”.
In last 6 lines of claim 15, “the antenna (260) ” should be changed to “the .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 1-9 and 15 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 pre-AIA the applicant regards as the invention.
Regarding independent claim 1, claim 1 recites two instances of “a radio receiver” in corresponding line 2 and line 19, and also recites the limitation “the radio receiver” last three lines, so it is not clear which instances of “a radio receiver” that “the radio receiver (in last three lines) is referring to.
Regarding claims 2-9, claims 2-9 are also rejected under 35 U.S.C. 112(b) because claims 2-9 depend on all claim limitations of claim 1.
Regarding claim 6, claim 6 recites “a signal” in line 3 and “the signal” in last line, claim 6 depends on claim 1, and claim 1 recites “signals” in line 14 and “signals” in line 21. So, it is not clear which signals that “the signal” in last line of claim 6 is referring to.
Regarding claims 7 and 9, claims 7 and 9 are also rejected under 35 U.S.C. 112(b) because claims 7 and 9 depend on all claim limitations of claim 6.
Regarding claim 7, claim 7 recites “a signal” in line 2 and “the signal” in line 4, claim 6 depends on claim 1, and claim 1 recites “signals” in line 14 and “signals” in line 21. So, it is not clear which signals that “the signal” in line 4 of claim 6 is referring to.
Regarding independent claim 15, claim 15 recites “a plurality of monitoring devices” in line 2-3, “the monitoring device” in line 13 and “a monitoring device” in line 19, and “that monitoring device” in last three lines; as a result it is not clear which one of “a plurality of monitoring devices” that “the monitoring device” (in line 13) is referring to; and it is also not clear which one of “a plurality of monitoring devices” and “a monitoring device” (in line 19) that “that monitoring device” is referring to.
Claim 15 is rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Regarding claim 15, claim 15 is drawn to a method that includes both apparatus (i.e. a plurality of battery cells, a plurality of monitoring devices and an antenna) and the method step of using the apparatus (i.e. utilizing the plurality of monitoring devices, determining a fault condition associated with the one or more battery cells has occurred, determining the location of the monitoring device…, transmitting a plurality of signals of different frequencies…, determining the position of a monitoring device…, replacing the one or more battery cells at the determined location) which is indefinite, and therefore fail to comply with the requirements of 35 U.S.C. 112, second paragraph, because it is unclear as to which statutory class of invention to which the claim is drawn (See MPEP § 2173.05(p)).
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 10 and 13-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claim 10:
10. (Currently Amended) A controller for use in a battery system comprising a processor and a memory, wherein the memory stores processor implementable instructions which cause the processor to:
instruct a radio manager to transmit a plurality of signals of different frequencies in a first and then a second direction around an antenna configured as a loop; and
determine the position of a radio receiver along the length of the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed at the radio receiver.
Analysis Steps for claim 10:
Step 1: Is claim 10 claim to a process, machine, manufacture or composition of matter?
Yes, claim 10 recites a controller which is within one of the 4 statutory categories the process, machine, manufacture or composition of matter.
Step 2a) Prong One: Does claim 10 recite an abstract idea, law of nature, or natural phenomenon?
Yes, claim 10 recites “determine the position of a radio receiver along the length of the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed at the radio receiver” may be done by human mental activity by performing the determining of the position through mentally analyze the data provided from the radio receiver; therefore, human mental activity is abstract idea.
Step 2a) Prong Two: Does claim 10 recite additional element that integrate the Judicial Exception into a Practical Application?
No, claim 10 recites additional elements “a processor and a memory, wherein the memory stores processor implementable instructions” the processor and memory are general computer components which does not integrate the Judicial Exception into a Practical Application because the additional elements do not impose any meaningful limits on practicing the abstract ideas.
No, claim 10 recites additional elements “instruct a radio manager to transmit a plurality of signals of different frequencies in a first and then a second direction around an antenna configured as a loop” that are general extra-solution activities in transmitting signals which does not integrate the Judicial Exception into a Practical Application because the additional elements do not impose any meaningful limits on practicing the abstract ideas.
No, claim 10 recites additional elements “a radio receiver” that is merely used in data collection which does not integrate the Judicial Exception into a Practical Application because the additional elements do not impose any meaningful limits on practicing the abstract ideas.
Step 2b): Does claim 10 recite additional elements that amount to significantly more than the Judicial Exception?
No, when considering claim 10 as a whole, the uses of the processor, memory, radio manager and radio receiver do not amount to significantly more than judicial exception.
Therefore, claim 10 is not eligible subject matter under 35 U.S.C. 101.
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Regarding claim 13:
13. (Currently Amended) A method for associating a determined location of a radio receiver associated with one or more of a plurality of battery cells within the battery system with an identifier associated with the radio receiver, the method comprising:
transmitting plurality of signals of different frequencies in a first and then a second direction around an antenna arranged as a loop;
determining the position of a radio receiver communicatively coupled via near field radio coupling to the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed by the radio receiver; and
associating the determined position with the identifier associated with the radio receiver.
Analysis Steps for claim 13:
Step 1: Is claim 13 claim to a process, machine, manufacture or composition of matter?
Yes, claim 13 recites a method which is within one of the 4 statutory categories the process, machine, manufacture or composition of matter.
Step 2a) Prong One: Does claim 13 recite an abstract idea, law of nature, or natural phenomenon?
Yes, claim 13 recites “determining the position of a radio receiver communicatively coupled via near field radio coupling to the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed by the radio receiver” may be done by human mental activity by performing the determining of the position through mentally analyze the data provided from the radio receiver; therefore, human mental activity is abstract idea.
Yes, claim 13 recites “associating a determined location of a radio receiver associated with one or more of a plurality of battery cells within the battery system with an identifier associated with the radio receiver” and “associating the determined position with the identifier associated with the radio receiver” may be done by human mental activity by performing the associating the determined position through looking up the identifier.
Step 2a) Prong Two: Does claim 13 recite additional element that integrate the Judicial Exception into a Practical Application?
No, claim 13 recites additional elements “transmitting plurality of signals of different frequencies in a first and then a second direction around an antenna arranged as a loop” that are general extra-solution activities in transmitting signals which does not integrate the Judicial Exception into a Practical Application because the additional elements do not impose any meaningful limits on practicing the abstract ideas.
No, claim 13 recites additional elements “a radio receiver” that is merely used in data collection which does not integrate the Judicial Exception into a Practical Application because the additional elements do not impose any meaningful limits on practicing the abstract ideas.
Step 2b): Does claim 13 recite additional elements that amount to significantly more than the Judicial Exception?
No, when considering claim 13 as a whole, the uses of the radio receiver does not amount to significantly more than judicial exception.
Therefore, claim 13 is not eligible subject matter under 35 U.S.C. 101.
Regarding claim 14, claim 14 is analogously rejected as in claim 13 where it may be done through mental activities and thoughts, and mental activities and thoughts are abstract ideas.
Claim 15 is rejected under 35 U.S.C. 101 because the claims are drawn to a system that includes both apparatus and the method step of using the apparatus.
Regarding independent claim 15, claim 15 is drawn to a method that includes both apparatus (i.e. a plurality of battery cells, a plurality of monitoring devices and an antenna) and the method step of using the apparatus (i.e. utilizing the plurality of monitoring devices, determining a fault condition associated with the one or more battery cells has occurred, determining the location of the monitoring device…, transmitting a plurality of signals of different frequencies…, determining the position of a monitoring device…, replacing the one or more battery cells at the determined location), and therefore fail to comply with the requirements of 35 U.S.C. 101 because it embraces or overlaps two different statutory classes of invention set forth in 35 U.S.C. 101 which is drafted so as to set forth the statutory classes of invention in the alternative only (See MPEP § 2173.05(p)).
Prior Art of Record
The prior art made of record is considered pertinent to applicant's disclosure.
Bertness (US 2005/0162172) teaches “battery tester 104 includes measurement circuitry 120, processor 122, communication circuitry 124 and memory 126. Measurement circuitry 120 and processor 122 together form battery test circuitry 121. Measurement circuitry 120 is configured to electrically couple to terminals of a battery 102 (shown in FIG. 1) and to measure, under the control of microprocessor 122, different parameters related to battery 102 (for example, battery voltage, battery temperature, etc.). The measured battery parameters are provided to microprocessor 122, which, in turn, generates a battery test result that is provided to battery communication circuitry 124. Communication circuitry 124, which comprises a transmitter/transceiver, transmits the battery test result over wireless communication link 108. The transmission can include identification information which uniquely identifies the battery tester that performed the test or battery from which the battery test information was obtained. This battery identification information can be stored in memory 126. Program instructions, for execution by processor 122, can also be stored in memory 126” (e.g. fig. 2, [0018]).
Boehm et al. (US 2011/0187378) teaches “a recording device 1 in the form of a control unit 2 of a motor vehicle that is not shown. Recording device 1 determines the state of charge of an electrical accumulator 3, which is developed as a motor vehicle battery 4. Electrical accumulator 3 has accumulator cells 5, which, each by itself, have their own individual cell voltage, that is. the electrical voltage at a single accumulator cell 5. Furthermore, each accumulator cell 5 has its own electrical charge. If accumulator cells 5 are in a load-free state, i.e. they output only little, or even no electric current, their individual cell voltage is a very good measure of their electrical charge. The relationship between the individual cell voltage and the electrical charge is described by a characteristics curve. The individual cell voltages of accumulator cells 5 are passed via arrows 6, 7 and 8 to an individual voltage recording device 9, which is made up of a plurality of recording components 10. Recording components 10 are each in connection to a comparator device 14, via an arrow 11, 12 or 13. Thus, via arrows 11, 12 and 13, comparator device 14 receives the recorded individual voltages of accumulator cells 5. The load current is carried to current recording device 16 via arrow 15. The load current recorded by current recording device 16 is passed via multiple arrow 17 both to a charge calculation unit 18 and a calculation unit 19. Charge calculation unit 18 is made up of a first integrator 20 and a second integrator 21. Calculation unit 19 is made up of a first minimum charge calculator 22 which has a data memory 23 for a characteristics curve, and of a maximum charge calculator 24, which has a data memory 25 for a characteristics curve. In addition, the lowest individual cell voltage of electrical accumulator 3 is carried to minimum charge calculator 22, via an arrow 26. In addition, the highest individual cell voltage of electrical accumulator 3 is carried to maximum charge calculator 24 from comparator device 14 via arrow 27. Integrator 20 transfers a first potential minimum charge, the one for the state of charge, to a first distinguishing device 29 via an arrow 28. Minimum charge calculator 22 transfers a second potential minimum charge, the one for the load-free state, to distinguishing device 29 via arrow 30. Finally, distinguishing device 29 outputs a minimum charge via an arrow 31. Using arrow 32, integrator 21 transfers a first potential maximum charge, the one for the load state, to a second distinguishing device 29. Furthermore, maximum charge calculator 24 transmits a second potential maximum charge, the one for the load-free state, via arrow 34. Finally, second distinguishing device 33 outputs a maximum charge via an arrow 35” (e.g. fig. 1, [0027]).
Takei et al. (US 2011/0199920) teaches “The base station 100 includes a transceiver 33. It should be noted that a configuration of the base station will be described in detail in the following embodiments. The low/high frequency shared leakage antenna 30 includes a high-frequency leakage coaxial cable having a leakage coaxial inner conductor 1 and a leakage coaxial outer conductor 2, a termination circuit 32 through which the inner conductor and the outer conductor are coupled to each other at one end of the high-frequency leakage coaxial cable, a conductor line loop structure 4 (a first conductor line 4A and a second conductor line 4B) which is arranged near the high-frequency leakage coaxial cable while being in parallel therewith to perform communications of low-frequency signals, and a matching circuit 31. The sensitivity of an effective sensitivity area in the low-frequency signal band is decreased by the loop structure 4, and electromagnetic waves in the low-frequency signal band are allowed to locally exist around the low/high frequency shared leakage antenna 30 to perform communications of signals with a frequency higher than low-frequency signals through the high-frequency leakage coaxial cable” (e.g. fig. 1A, [0073]).
Zhang et al. (US 2020/0083722) teaches “A wireless communication unit may be disposed in the cell measurement circuit, and the battery management unit and the cell measurement circuit may be connected by wireless communication. The battery management unit and the sensing units may be connected by wired communication. For example, FIG. 3 is a schematic structural diagram of an example of a battery management system according to another embodiment of the present disclosure. As shown in FIG. 3, the sensing units may be integrated on a Printed Circuit Board (PCB) included in the battery management unit, and a wired communication connection between the battery management unit and the sensing units may be specifically implemented by connecting through the routing on the printed circuit board. The integration of the sensing units with the battery management unit may be implemented using a Printed Circuit Board Assembly (PCBA)” (e.g. fig. 3, [0048]).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 1, the cited and/or searched prior arts either singularly or in combination fail to teaches all the limitations of independent claim 1, in particular the claim limitation of “determine the position of a radio receiver along the length of the antenna based on an observed rate of change of phase difference of signals transmitted in different directions around the antenna with frequency observed at the radio receiver”; therefore, independent claim 1 contains allowable subject matter.
Regarding independent claim 10, the cited and/or searched prior arts either singularly or in combination fail to teaches all the limitations of independent claim 10, in particular the claim limitation of “determine the position of a radio receiver along the length of the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed at the radio receiver”; therefore, independent claim 10 contains allowable subject matter.
Regarding independent claim 13, the cited and/or searched prior arts either singularly or in combination fail to teaches all the limitations of independent claim 13, in particular the claim limitation of “determining the position of a radio receiver communicatively coupled via near field radio coupling to the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed by the radio receiver”; therefore, independent claim 13 contains allowable subject matter.
Regarding independent claim 15, the cited and/or searched prior arts either singularly or in combination fail to teaches all the limitations of independent claim 15, in particular the claim limitation of “determining the position of a monitoring device along the length of the antenna based on an observed rate of change of phase difference with frequency of signals transmitted in different directions around the antenna observed by that monitoring device”; therefore, independent claim 15 contains allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIDONG ZHANG whose telephone number is (571)270-5815. The examiner can normally be reached on M-F 8:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Phan can be reached on (571) 272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAIDONG ZHANG/Examiner, Art Unit 2858
/THANG X LE/Primary Examiner, Art Unit 2858
9/22/2026
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