DETAILED ACTION
This action is filed in response to the application filed on 1/19/2024.
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 .
Information Disclosure Statement
Acknowledgement is made of Applicant’s Information Disclosure Statements (IDS) form PTO-1149 filed on 1/19/2024, 1/29/2024, 10/02/2024, 10/15/2024, and 9/23/2025. These IDS have been considered.
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.
Claim 16 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Under 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.
Claim 16 presents "a software server". The broadest reasonable interpretation of a claim drawn to a software server typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning.
As currently claimed, the language of software server does not specify if the computer readable medium is "transitory" or "non-transitory" and therefore claim 16 is considered to be non-statutory under 35 U.S.C. 101 (See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2).
In order to overcome this rejection, language similar to the following is suggested: “A non-transitory computer readable medium having computer-executable components …”
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 10-11 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Munakata (WO2019187264 A1) in view of Goto (JP2013053943 A).
Regarding Claim 10, Munakata teaches a battery performance evaluation device (e.g. see [pg. 2, paragraph 4] “The deterioration state determination device 100 determines the deterioration state of the secondary battery 220 mounted on the target device 200 as a power source”) comprising:
an input processing element that receives measurement values of a plurality of characteristic parameters of a target secondary battery from a target device having the target secondary battery installed therein (e.g. see [pg. 2 paragraph 6] “The input element 102 receives the measured value of the characteristic parameter from the target device 200 on which the secondary battery 220 is mounted”);
a present characteristic estimation processing element (e.g. see [pg. 3 paragraphs 4-7] “the function G is a second initial characteristic parameter q .sub.2 (q .sub.1 (p) as a dependent variable of the first initial characteristic parameter q .sub.1 (p (k)) corresponding to the current measurement value p (k) of the plurality of characteristic parameters p. (k))) and, relation to the first characteristic parameters p .sub.1 and the current measurement value p .sub.2 of another second characteristic parameter p .sub.2 (k), as a multivariable function G .sub.1 of the main variables (111) May be defined.
G = G .sub.1 (q .sub.2 (q .sub.1 (p (k))), p .sub.2 (k)) (111).
Function G, the second initial property parameter .sub.q 2 (q 1 (p ( k))), and the current measurement value p .sub.2 of the second characteristic parameter p .sub.2 (k), in addition, a second characteristic parameter p.sub.2 Is defined by the relational expression (112) as a multivariable function G .sub.2 having the measured value p .sub.1 (j) of the first characteristic parameter p .sub.1 at the time t = j when the measured value p .sub.2 (j) of 0 becomes 0 May be.
G = G .sub.2 (q .sub.2 (q .sub.1 (p (k))), p .sub.1 (j), p .sub.2 (k)) (112)”);
an initial characteristic estimation processing element (e.g. see [pg. 3 paragraph 2] “The first arithmetic processing element 110 inputs the current measured value p (k) of each of a plurality of characteristic parameters p = (p .sub.1 ,..., P .sub.n ) representing the characteristics of the secondary battery 220 to the initial characteristic model. Of the plurality of characteristic parameters p, the initial characteristic estimated value p .sub.1 (0 ← k) of the first characteristic parameter p .sub.1 is calculated as the output of the initial characteristic model”); and
a deterioration state estimation processing element (e.g. see [pg. 3 last paragraph] “The third arithmetic processing element 130 calculates the deterioration degree D (i) of the secondary battery 220 according to the relational expression (130) based on the first index value F .sub.1 (i) and the second index value F .sub.2 (i)”),
wherein the present characteristic estimation processing element estimates a first present index value (e.g. see [pg. 1 paragraph 1] “A first index value F1(i), which indicates the present state of the target, is calculated on the basis of the present time series P1(i) of the measurement value p1(k) of the first characteristic parameter”) according to an increasing function having, as a main variable, a difference in present battery capacity between a start time and an end time of a specified period calculated from a time integral value or
a cumulative value of a current of the target secondary battery on the basis of a time series of measurement values of current of the target secondary battery as the measurement values of the characteristic parameters received by the input processing element, in the specified period including a period during which a current flows through the target secondary battery (e.g. see [pg. 7 paragraph 1] “The first index value calculation unit 121 is based on the measured value p (k) = (V (k), I (k), T (k)) of the characteristic parameter p of the secondary battery 220, so that the multivariable function f (p ) Is calculated as a first index value F .sub.1 as a cumulative value or time integral value of values f (V (k), I (k), T (k)) calculated in accordance with () (see relational expression (121))”), and
the deterioration state estimation processing element estimates a first degree of deterioration according to an increasing function having a difference between the first initial index value and the first present index value as a main variable, or a decreasing function having a ratio of the first present index value with respect to the first initial index value as a main variable (e.g. see [pg. 7 paragraph 4] “the third arithmetic processing element 130 (degradation degree calculation unit) is based on the first index value F .sub.1 (i) and the second index value F .sub.2 (i), and the degree of deterioration of the secondary battery 220 according to the relational expression (130). D (i) is calculated”).
Munakata does not explicitly disclose the initial characteristic estimation processing element estimates a first initial index value according to an increasing function having, as a main variable, a difference in initial battery capacity of the target secondary battery between a start time and an end time of the specified period, the difference in initial battery capacity of the target secondary battery being determined as an output of a first initial characteristic model by inputting, to the first initial characteristic model, a difference of measurement values of an open-circuit voltage of the target secondary battery between a start time and an end time of the specified period as the characteristic parameter measurement values received by the input processing element, and a difference in the present battery capacity.
In the same field of endeavor, Goto teaches the initial characteristic estimation processing element estimates a first initial index value according to an increasing function having, as a main variable, a difference in initial battery capacity of the target secondary battery between a start time and an end time of the specified period (e.g. see [0006] “The estimation device according to the first invention of this application has a controller for estimating the full charge capacity of a secondary battery. The controller acquires the interval capacity, which is the battery capacity when the open-circuit voltage of the secondary battery changes from a first voltage to a second voltage”),
the difference in initial battery capacity of the target secondary battery being determined as an output of a first initial characteristic model by inputting, to the first initial characteristic model, a difference of measurement values of an open-circuit voltage of the target secondary battery between a start time and an end time of the specified period as the characteristic parameter measurement values received by the input processing element, and a difference in the present battery capacity (e.g. see [0004] “When the fully charged capacity of a secondary battery changes, the amount of change in the battery's capacity also changes; therefore, the fully charged capacity of the secondary battery can be estimated from the amount of change in capacity. The change in capacity is the amount of change when the capacity of the secondary battery changes from the first capacity to the second capacity,” and [0006] “Using information that shows the correspondence between the interval capacity and the full charge capacity, which changes according to the degradation of the secondary battery, the controller identifies the full charge capacity corresponding to the acquired interval capacity”).
It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the battery evaluation method of Munakata with the difference measurements of Goto for the purpose of determining the updated capacity of the battery with the advantage of historical data to ensure the accuracy of the determination.
Regarding Claim 11, Munakata and Goto teach the limitations of Claim 10. Munakata further discloses wherein the initial characteristic estimation processing element receives, from the input processing element, a measurement value of a temperature of the target secondary battery as the characteristic parameter measurement value received by the input processing element at an arbitrary time in the specified period thereby to determine a first initial characteristic model parameter for defining a corresponding first initial characteristic model (e.g. see [pg. 4 paragraph 4] “The sensor group 222 measures the parameter values necessary for controlling the target device 200 in addition to the characteristic parameters of the secondary battery 220. The sensor group 222 includes, for example, a voltage sensor, a current sensor, and a temperature sensor that output signals corresponding to the voltage, current, and temperature of the secondary battery 220, respectively”).
Regarding Claim 16, Munakata and Goto teach the limitations of Claim 10. Munakata further discloses a software server imparting a function as the battery performance evaluation device described in claim 10 to an arithmetic processing device, which is provided in a target device with the target secondary battery installed therein, by downloading software for determining deterioration to the arithmetic processing device (e.g. see [pg. 4 paragraph 5] “In this case, the software server (not shown) transmits the deterioration determination software to the arithmetic processing device constituting the control device 210 included in the target device 200, thereby determining the deterioration state for the arithmetic processing device”).
Regarding Claim 17, Munakata teaches a battery performance evaluation method (e.g. see [pg. 7 paragraph 5] “The target deterioration state determination method executed by the deterioration state determination apparatus having the above configuration will be described”) comprising:
an initial characteristic estimation step of estimating a first initial index value according to an increasing function (e.g. see [pg. 3 paragraph 2] “The first arithmetic processing element 110 inputs the current measured value p (k) of each of a plurality of characteristic parameters p = (p .sub.1 ,..., P .sub.n ) representing the characteristics of the secondary battery 220 to the initial characteristic model. Of the plurality of characteristic parameters p, the initial characteristic estimated value p .sub.1 (0 ← k) of the first characteristic parameter p .sub.1 is calculated as the output of the initial characteristic model”), having as a main variable, a time series of measurement values of a current of the target secondary battery in the specified period (e.g. see [pg. 3 paragraph 5] “the second arithmetic processing element 120 is based on a time series P (i) = {p (i) | i = k, k + 1,...] Of measured values p (k) of the plurality of characteristic parameters p of the secondary battery 220,” and [pg. 4 paragraph 3] “the sensor group 222 measures the parameter values necessary for controlling the target device 200 in addition to the characteristic parameters of the secondary battery 220. The sensor group 222 includes, for example, a voltage sensor, a current sensor”),
a present characteristic estimation step of estimating a first present index value (e.g. see [pg. 1 paragraph 1] “A first index value F1(i), which indicates the present state of the target, is calculated on the basis of the present time series P1(i) of the measurement value p1(k) of the first characteristic parameter”) according to an increasing function having, as a main variable, a difference in present battery capacity between a start time and an end time of a specified period calculated from a time integral value or
a cumulative value of a current of the target secondary battery between the start time and the end time of the specified period on the basis of measurement value of the open-circuit voltage of the target secondary battery at each of the start time and the end time of the specified period (e.g. see [pg. 7 paragraph 1] “The first index value calculation unit 121 is based on the measured value p (k) = (V (k), I (k), T (k)) of the characteristic parameter p of the secondary battery 220, so that the multivariable function f (p ) Is calculated as a first index value F .sub.1 as a cumulative value or time integral value of values f (V (k), I (k), T (k)) calculated in accordance with () (see relational expression (121))”), and
a degree of deterioration evaluation step of estimating a first degree of deterioration according to an increasing function having a difference between the first initial index value and the first present index value as a main variable, or a decreasing function having a ratio of the first initial index value with respect to the first present index value as a main variable (e.g. see [pg. 7 paragraph 4] “the third arithmetic processing element 130 (degradation degree calculation unit) is based on the first index value F .sub.1 (i) and the second index value F .sub.2 (i), and the degree of deterioration of the secondary battery 220 according to the relational expression (130). D (i) is calculated”).
Munakata does not explicitly disclose an initial characteristic estimation step of estimating a first initial index value according to an increasing function having, as a main variable, a difference in initial battery capacity of a target secondary battery between a start time and an end time in a specified period, the first initial index value being determined as an output of a first initial characteristic model by inputting, to the first initial characteristic model, a measurement value of an open-circuit voltage of the target secondary battery at each of the start time and the end time of the specified period including a period during which a current flows through the target secondary battery.
In the same field of endeavor, Goto teaches an initial characteristic estimation step of estimating a first initial index value according to an increasing function having, as a main variable, a difference in initial battery capacity of a target secondary battery between a start time and an end time in a specified period (e.g. see [0006] “The estimation device according to the first invention of this application has a controller for estimating the full charge capacity of a secondary battery. The controller acquires the interval capacity, which is the battery capacity when the open-circuit voltage of the secondary battery changes from a first voltage to a second voltage”),
the first initial index value being determined as an output of a first initial characteristic model by inputting, to the first initial characteristic model, a measurement value of an open-circuit voltage of the target secondary battery at each of the start time and the end time of the specified period including a period during which a current flows through the target secondary battery, (e.g. see [0004] “When the fully charged capacity of a secondary battery changes, the amount of change in the battery's capacity also changes; therefore, the fully charged capacity of the secondary battery can be estimated from the amount of change in capacity. The change in capacity is the amount of change when the capacity of the secondary battery changes from the first capacity to the second capacity,” and [0006] “Using information that shows the correspondence between the interval capacity and the full charge capacity, which changes according to the degradation of the secondary battery, the controller identifies the full charge capacity corresponding to the acquired interval capacity”).
It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the battery evaluation method of Munakata with the difference measurements of Goto for the purpose of determining the updated capacity of the battery with the advantage of historical data to ensure the accuracy of the determination.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Munakata (WO2019187264 A1) in view of Goto (JP2013053943 A), and in further view of Takaiwa (JP 6091085 B2).
Regarding Claim 12, Munakata and Goto teach the limitations of Claim 10. Munakata further discloses wherein the initial characteristic estimation processing element estimates a second initial index value according to an increasing function having, as a main variable, an initial internal resistance of the target secondary battery determined as an output of a second initial characteristic model by inputting, to the second initial characteristic model, a measurement value of at least one of a voltage and a current of the target secondary battery at an arbitrary time in the specified period as the characteristic parameter measurement value received by the input processing element (e.g. see [pg. 8 last paragraph ] “the first arithmetic processing element 110 (first characteristic parameter initial characteristic estimated value calculation unit 116) calculates the reference measured value V .sub.0 (j) of the voltage V, the current measured value I (k) of the current I, and the internal resistance in the initial model. Based on the current initial characteristic estimated value r (0 ← k) of the resistance value r, the current initial characteristic estimated value V (0 ← k) of the voltage V is calculated according to the relational expression (220) (FIG. 4 / STEP 108).”),
wherein the present characteristic estimation processing element estimates a second present index value according to an increasing function having, as a main variable, a present internal resistance of the target secondary battery calculated on the basis of measurement values of an open-circuit voltage, a voltage, and a current of the target secondary battery in the specified period as the characteristic parameter measurement values received by the input processing element(e.g. see [pg. 6 paragraph 4] “The second initial characteristic model parameter initial characteristic estimated value calculation unit 114 calculates the current measured values p (k) = (V (k), I (k), T (k)) of the plurality of characteristic parameters of the secondary battery 220. Based on the first initial characteristic model parameter q .sub.1 (p (k)) corresponding to the current measurement value p (k), the resistance value r of the internal resistance is set to the second initial characteristic according to the relational expression (218)”).
Munakata does not explicitly disclose wherein the deterioration state estimation processing element estimates a second degree of deterioration according to a decreasing function having a difference between the second initial index value and the second present index value as a main variable, or an increasing function having a ratio of the second present index value with respect to the second initial index value as a main variable.
In the same field of endeavor, Takaiwa teaches wherein the deterioration state estimation processing element estimates a second degree of deterioration according to a decreasing function having a difference between the second initial index value and the second present index value as a main variable, or an increasing function having a ratio of the second present index value with respect to the second initial index value as a main variable (e.g. see [pg. 7 3rd full paragraph] “In S207, the control unit 101 detects the deterioration degree DEG2 of the power supply apparatus 200. The degradation degree DEG2 of the power supply device 200 is determined based on the first battery cell 203 and the second battery with respect to the maximum voltage among the first battery cell 203, the second battery cell 204, and the third battery cell 205. The voltage ratio of one of the cell 204 and the third battery cell 205 is shown. It is shown that the smaller the degradation degree DEG2 of the power supply apparatus 200 is, the larger the cell balance between the battery cells is. The control unit 101 detects the minimum value among the voltage ratio degA, the voltage ratio deg B, and the voltage ratio degC detected in S206 as the deterioration degree DEG2 of the power supply apparatus 200”).
It would have been obvious to one of ordinary skill in the art before the effective filling date to combine the deterioration degree and indices of Munakata in view of Goto with the second deterioration degree of Takaiwa for the purpose of evaluating battery performance with the advantage of multiple measurements to ensure accuracy.
Regarding Claim 13, Munakata, Goto, and Takaiwa teach the limitations of Claim 12. Munakata further discloses wherein the initial characteristic estimation processing element receives, from the input processing element, a measurement value of a temperature of the target secondary battery at an arbitrary time in the specified period as the characteristic parameter measurement value thereby to determine a second initial characteristic model parameter for defining a corresponding second initial characteristic model. (e.g. see [pg. 4 paragraph 4] “The sensor group 222 measures the parameter values necessary for controlling the target device 200 in addition to the characteristic parameters of the secondary battery 220. The sensor group 222 includes, for example, a voltage sensor, a current sensor, and a temperature sensor that output signals corresponding to the voltage, current, and temperature of the secondary battery 220, respectively”).
Allowable Subject Matter
Claims 14 and 15 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.
The following is a statement of reasons for indication of allowable subject matter:
Regarding Claim 14, none of the prior art discloses or renders obvious a device as claimed wherein “the deterioration state estimation processing element determines a combined degree of deterioration combining the first degree of deterioration and the second degree of deterioration.”
Regarding Claim 15, Examiner notes Claim 15 would be allowable based on its dependence on Claim 14. Additionally, none of the prior art discloses or renders obvious a device as claimed wherein “wherein the deterioration state estimation processing element calculates the combined degree of deterioration according to a relational expression including a first weighting coefficient C1 and a second weighting coefficient 02, and determines the combined degree of deterioration by setting the first weighting coefficient C1 to be larger than the second weighting coefficient 02 and by increasing a difference therebetween in the case where variance in a time series of measurement values of a current of the target secondary battery in the specified period is below a threshold value, or determines the combined degree of deterioration by setting the first weighting coefficient C1 to be smaller than the second weighting coefficient 02 and by increasing a difference therebetween in the case where variance in a time series of measurement values of a current of the target secondary battery in the specified period is equal to or more than the threshold value.”
Conclusion
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/NYLA GAVIA/Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
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