Prosecution Insights
Last updated: September 15, 2026
Application No. 18/598,252

INFORMATION PROCESSING APPARATUS, INFORMATION PROCESSING METHOD, NON-TRANSITORY COMPUTER READABLE MEDIUM, AND INFORMATION PROCESSING SYSTEM

Non-Final OA §101§102§112
Filed
Mar 07, 2024
Priority
Sep 16, 2022 — JP 2022-148436 +1 more
Examiner
NGHIEM, MICHAEL P
Art Unit
Tech Center
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 1m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
639 granted / 947 resolved
+7.5% vs TC avg
Strong +24% interview lift
Without
With
+24.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
40 currently pending
Career history
1001
Total Applications
across all art units

Statute-Specific Performance

§101
19.7%
-20.3% vs TC avg
§103
30.1%
-9.9% vs TC avg
§102
11.4%
-28.6% vs TC avg
§112
32.7%
-7.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 947 resolved cases

Office Action

§101 §102 §112
CTNF 18/598,252 CTNF 74876 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Specification 06-01 AIA The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use. Arrangement of the Specification As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading: (a) TITLE OF THE INVENTION. (b) CROSS-REFERENCE TO RELATED APPLICATIONS. (c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT. (d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. (e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM. (f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. (g) BACKGROUND OF THE INVENTION. (1) Field of the Invention. (2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98. (h) BRIEF SUMMARY OF THE INVENTION. (i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S). (j) DETAILED DESCRIPTION OF THE INVENTION. (k) CLAIM OR CLAIMS (commencing on a separate sheet). (l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet). (m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system. The BRIEF SUMMARY OF THE INVENTION.is missing from the specification. Drawings 06-22 AIA The drawings are objected to because box 10 should be provided with a descriptive text label – Computer – (see MPEP 608.02(b)(II) FP 6.22). The drawings are objected to under 37 CFR 1.83(a) because Fig. 4 fails to show “DB 101” as described in the specification (see paragraph 0017, line 1). Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d) . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections 07-29-01 AIA Claim 1 and 21-23 are objected to because of the following informalities: - claim 1, “the plurality of battery cells,” (line 6, second instance) should be deleted. - Claims 1 and 21-23, “maximum voltages in the pieces of operation data of the charge; and minimum voltages in the pieces of operation data of the charge” should be maximum voltages of the charge in the pieces of operation data of the charge ; and minimum voltages of the charge in the pieces of operation data of the charge --. Appropriate correction is required. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 AIA Claim s 1-23 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. 07-34-01 Claims 1 and 21-23 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. Claims 1 and 21-23, in “identification information identifying charge or discharge showing whether the rechargeable battery is charged or discharged”, identification information is not clearly defined. Does the identification information identify a charge or discharge state or identify the rechargeable battery that is charged or discharged. Examiner interprets that the identification information identifies whether the rechargeable battery is charged or discharged. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Pursuant to the 2019 Revised Patent Subject Matter Eligibility Guidance (MPEP 2106), the following analysis is made: Under step 1 of the Guidance, the claims fall within a statutory category. Under step 2A, prong 1, claims 1 and 21-23 recite an abstract idea of “generate, based on the plurality of pieces of operation data, evaluation target voltages by combining one of: maximum voltages in the pieces of operation data of the charge; and minimum voltages in the pieces of operation data of the charge and one of: maximum voltages of the discharge in the pieces of operation data; and minimum voltages of the discharge in the pieces of operation data” (mental process), “determine a state of the rechargeable battery based on a voltage distribution of the evaluation target voltages” (mental process). The mere nominal recitation of a generic processor (processing circuitry, computer) does not take the claim limitation out of the abstract idea (MPEP 2106.04(a)(2) (III)). Under step 2A, prong 2, the claim limitations are not integrated into a practical application (MPEP 2106.04(d)(I)). [A]cquire a plurality of pieces of operation data each including a minimum voltage among voltages of a plurality of battery cells in a rechargeable battery, and a maximum voltage among the voltages of the plurality of battery cells, the plurality of battery cells, and identification information identifying charge or discharge showing whether the rechargeable battery is charged or discharged is directed to insignificant extra-solution activities of data gathering (see MPEP 2106.05(g)). Under step 2B, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea. [A]cquire a plurality of pieces of battery operation data is a well-understood, routine and conventional activity known in the industry (see MPEP 2106.05(d)). Accordingly, the additional elements do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea. The remaining dependent claims do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea. Claims 2-20 are directed to an abstract idea. Accordingly, claim 1 and its dependent claims 2-20 and claims 21-23 are patent ineligible under 35 USC 101. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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 (i.e., changing from AIA to pre-AIA) 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1 and 6-23 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Fujita et al. (JP 2022044172) . Regarding claims 1 and 21-23, Fujita et al. discloses an information processing apparatus and processing method (determination device, Abstract) comprising a processing circuitry (processor, Abstract), wherein the processing circuitry is configured to: acquire a plurality of pieces of operation data each including a minimum voltage among voltages of a plurality of battery cells in a rechargeable battery (on the basis of second voltage data indicating the smallest voltage among the multiple voltages of multiple batteries for each measurement of multiple periods in charging or discharging the multiple batteries, Abstract, lines 7-9), and a maximum voltage among the voltages of the plurality of battery cells, the plurality of battery cells (the processor determines a degradation variation among the multiple batteries on the basis of first voltage data indicating the largest maximum voltage among the voltages of multiple batteries for each measurement of multiple periods in charging or discharging the multiple batteries , Abstract, lines 4-7), and identification information identifying charge or discharge showing whether the rechargeable battery is charged or discharged (identifying periods of charging or discharging, Abstract, lines 7, 9); generate, based on the plurality of pieces of operation data, evaluation target voltages (first voltage data and second voltage data, Abstract, lines 5, 7) by combining one of: maximum voltages in the pieces of operation data of the charge (largest maximum voltage among the voltages of multiple batteries for each measurement of multiple periods in charging, Abstract, lines 6-7); and minimum voltages in the pieces of operation data of the charge (smallest voltage among the multiple voltages of multiple batteries for each measurement of multiple periods in charging, Abstract, lines 8-9) and one of: maximum voltages of the discharge in the pieces of operation data (largest maximum voltage among the voltages of multiple batteries for each measurement of multiple periods in discharging, Abstract, lines 6-7); and minimum voltages of the discharge in the pieces of operation data (smallest voltage among the voltages of multiple batteries for each measurement of multiple periods in discharging, Abstract, lines 8-9); and determine a state of the rechargeable battery based on a voltage distribution of the evaluation target voltages (determines a degradation variation among the multiple batteries on the basis of first voltage data and second voltage data, Abstract, lines 4-6). Regarding claim 22, Fujita et al. further discloses a non-transitory computer readable medium having a computer program stored therein which causes a computer to perform processes (page 3, paragraph 4 – page 4, paragraph 1). Regarding claim 6, Fujita et al. discloses the operation data includes voltages of the rechargeable battery (first and second voltages of battery, Abstract, lines 5-7). It is noted that average voltages of the plurality of battery cells at a time of the charge or the discharge, the processing circuitry calculates or acquires the average voltages of the plurality of battery cells based on the pieces of operation data, and calculates a voltage distribution of the average voltages of the plurality of battery cells at the time of the charge and the discharge, and the state of the rechargeable battery is determined by comparing the voltage distribution of the evaluation target voltages and the voltage distribution of the average voltages are alternative limitations because average voltages of the plurality of battery cells are recited in the alternative form It is noted that claims 7-20 recite alternative limitations because they recite average voltages of the plurality of battery cells which are alternative limitations. Prior Art Note Claims 2-5 do not have prior art rejections The combination as claimed wherein an information processing apparatus and method comprising a processing circuitry, wherein the processing circuitry is configured to: obtain first voltages by combining the minimum voltages of the charge and the maximum voltages of the discharge, and based on the first voltages, determines whether cell imbalance is occurring as the state of the rechargeable battery (claim 2) is not disclosed, suggested, or made obvious by the prior art of record . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Saint-Marcoux et al. (US 2017/0299660) discloses a method for managing an operating range of a battery (Abstract). Saint-Marcoux et al. discloses “the cell imbalance, defined as being the difference between the state of charge of the cell having the highest charge and the state of charge of the cell having the lowest charge” (paragraph 0010). However, Saint-Marcoux et al. does not disclose determining whether cell imbalance is occurring as the state of the rechargeable battery based on the first voltages by combining the minimum voltages of the charge and the maximum voltages of the discharge. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Nghiem whose telephone number is (571) 272-2277. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. 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 http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /MICHAEL P NGHIEM/Primary Examiner, Art Unit 2857 June 2, 2026 Application/Control Number: 18/598,252 Page 2 Art Unit: 2857 Application/Control Number: 18/598,252 Page 3 Art Unit: 2857 Application/Control Number: 18/598,252 Page 4 Art Unit: 2857 Application/Control Number: 18/598,252 Page 5 Art Unit: 2857 Application/Control Number: 18/598,252 Page 6 Art Unit: 2857 Application/Control Number: 18/598,252 Page 7 Art Unit: 2857 Application/Control Number: 18/598,252 Page 8 Art Unit: 2857 Application/Control Number: 18/598,252 Page 9 Art Unit: 2857 Application/Control Number: 18/598,252 Page 10 Art Unit: 2857 Application/Control Number: 18/598,252 Page 11 Art Unit: 2857 Application/Control Number: 18/598,252 Page 12 Art Unit: 2857
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Prosecution Timeline

Mar 07, 2024
Application Filed
Jun 05, 2026
Non-Final Rejection mailed — §101, §102, §112
Aug 11, 2026
Examiner Interview Summary
Aug 11, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
92%
With Interview (+24.1%)
3y 8m (~1y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 947 resolved cases by this examiner. Grant probability derived from career allowance rate.

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