DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2023-0145068, filed on 10/26/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/15/2024 and 12/17/2024 were considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention in each of these claims is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Specifically, representative Claim 1 recites:
A method of calculating a state of charge of a battery, comprising:
calculating, by at least one processor, a state of charge (SOC) of a battery;
obtaining, by the at least one processor, a temperature of the battery;
calculating, by the at least one processor, based on the obtained temperature, a plurality of temperatures associated with a plurality of SOCs of the battery that are gradually downgraded from the calculated SOC of the battery by a grade;
determining, by the at least one processor, based on the calculated plurality of temperatures, a specific SOC associated with a discharge end point of the battery; and
determining, by the at least one processor, based on the determined specific SOC, a change trend of the SOC of the battery.
The claim limitations considered to fall within in the abstract idea are highlighted in bold font above; the remaining features are “additional elements.”
Step 1 of the subject matter eligibility analysis entails determining whether the claimed subject matter falls within one of the four statutory categories of patentable subject matter identified by 35 U.S.C. 101: process, machine, manufacture, or composition of matter. Claim 1 recites a process and is therefore falls within a statutory category.
Step 2A, Prong One of the analysis entails determining whether the claim recites a judicial exception such as an abstract idea. Under a broadest reasonable interpretation, the highlighted portion of claim 1 comprises process steps that fall within the abstract idea judicial exception. Specifically, under the 2019 Revised Patent Subject matter Eligibility Guidance, the highlighted subject matter falls within the mental processes category.
Individually and collectively, the steps:
“calculating […] a state of charge (SOC) of a battery”;
“obtaining […] a temperature of the battery”;
“calculating […] based on the obtained temperature, a plurality of temperatures associated with a plurality of SOCs of the battery that are gradually downgraded from the calculated SOC of the battery by a grade”;
“determining […], based on the calculated plurality of temperatures, a specific SOC associated with a discharge end point of the battery”; and
“determining, by the at least one processor, based on the determined specific SOC, a change trend of the SOC of the battery”.
may be performed as mental processes. Obtaining a temperature of a battery is collecting information, which may be performed as mental processes. Calculating a state of charge of a battery, calculating a plurality of temperatures, determining a specific SOC, and determining a change trend of the SOC are all analysis, each of which may be performed as mental processes. The type of high-level information collecting and analyzing data recited in these elements has been found by the Federal Circuit to constitute patent ineligible matter (see Electric Power Group v. Alstom, S.A., 830 F.3d 1350, 1353-54, 119 USPQ2d 1739, 1741-42 (Fed. Cir. 2016), a claim to "collecting information, analyzing it, and displaying certain results of the collection and analysis," where the data analysis steps are recited at a high level of generality such that they could practically be performed in the human mind).
Similar limitations comprise the mental processes type abstract idea recited by independent claim 15.
Step 2A, Prong Two of the analysis entails determining whether a claim includes additional elements that integrate the recited judicial exception (e.g., abstract idea) into a practical application. In view of the various considerations encompassed by the Step 2A, Prong Two analysis, claim 1 does not include additional elements that integrate the recited abstract idea into a practical application. Based on the individual and collective limitations of claim 1, applying a broadest reasonable interpretation, the most significant of such considerations appear to include: improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)); applying the judicial exception with, or by use of, a particular machine (MPEP 2106.05(b)); and effecting a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)).
Regarding improvements to the functioning of a computer or other technology, the additional element of “a processor” does not appear to integrate the abstract idea to technologically improve any aspect of a system that may be used to implement the highlighted steps such a generic computer. Instead, the additional element amounts to mere instruction to implement the abstract ideas on a generic computer (MPEP 2106.05(f)).
Regarding application of the judicial exception with, or by use of, a particular machine, the additional element of “a processor” is not utilized as a particularized manner of implementing the abstract idea process steps, but instead amounts to a generic computer.
Regarding effectuation of a transformation or reduction of a particular article to a different state or thing, the claim includes no such transformation or reduction. Instead, the claim as a whole entails gathering or otherwise obtaining information pertaining to a battery (e.g. temperature), and performing analysis with the information (e.g. calculating and determining steps).
Similar limitations such as the “battery management system,” the “at least one processor,” and the “memory comprising at least one computer-readable program executable by the at least one processor” that are recited in independent claim 15 are also generically recited, and similarly amount to mere implementation on a generic computer, and therefore do not integrate the judicial exception into a practical application.
Regarding Step 2B, independent claims 1 and 15, do not include additional elements that are sufficient to amount to significantly more than the judicial exception because they are generically recited and are well-understood/conventional in the relevant art as evidenced by the prior art of record as indicated in the rejections under 35 U.S.C. §103.
Independent claims 1 and 15 are therefore not patent eligible.
Dependent claims 2-15 and 16-20 provide additional features/steps which are part of an expanded algorithm that includes the abstract idea of the independent claims (Step 2A, Prong One).
Claims 2 and 16 recites further steps of obtaining a voltage and calculating an SOC, which is a collecting of information and analysis of said information, respectfully, which may be performed as mental processes. Claims 3 and 17 further recites a step of obtaining a voltage and calculating an SOC, which similarly may be performed as mental processes. Claims 4, 6-9, and 18 further details the calculating the plurality of temperatures. Claims 5, 10, and 19 further details the determining of the specific SOC associated with the discharge end point. Claim 11, 12, and 20 further details the determining the change trend of the SOC. Claim 13 further details the determining of the SOC associated with the temperature exceeding the threshold temperature.
None of dependent claims 2-15 and 16-20 recite additional elements that integrate the abstract idea into practical application (Step 2A, Prong Two). Claim 14 recites the additional element of “a non-transitory computer-readable recording medium comprising instructions”, which amounts to a generic computer and does not integrate the judicial exception into a practical application.
The dependent claims 2-15 and 16-20 therefore are also ineligible subject matter.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 6-7, 14-16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Sugawara (US 20220349947 A1).
Regarding claim 1, Sugawara teaches A method of calculating a state of charge (SOC of Figs. 4, step S1_3) of a battery (battery 3), comprising:
calculating, by at least one processor (Fig. 1, processor/MCU 20), a state of charge (SOC) of a battery (Fig. 4, step S1_3);
obtaining, by the at least one processor, a temperature of the battery (battery temperature sensing circuit 5);
calculating, by the at least one processor, based on the obtained temperature, a plurality of temperatures (Fig. 3A-C, temperature transitions TMP1 and TMP2; Fig. 2, temperature prediction function F1) associated with a plurality of SOCs of the battery (Fig. 3c) that are gradually downgraded from the calculated SOC ([0057] lines 14-24, “In FIG. 2, as the state information indicating the state of the battery 3, the full charge capacity FCC (temperature at @ discharge termination), the remaining amount RC (temperature at @ discharge termination), the remaining amount ratio RSOC (temperature at @ discharge termination) are shown. Here, the remaining amount RC is information indicating the remaining amount of the battery 3. Further, the remaining amount ratio RSOC is information indicating the state of charge of the battery 3, and the remaining capacity ratio represented by RSOC=RC/FCC (relative charge ratio).”) of the battery by a grade ([0006] lines 1-6, “As shown in FIGS. 8A and 8B, when the temperature of the battery decreases, the ejectable capacity (FCC) is reduced. In addition, the internal resistance of the battery increases in response to a decrease in the temperature of the battery, and in the case of the same current rate, an output voltage of the battery decreases.”);
determining, by the at least one processor, based on the calculated plurality of temperatures, a specific SOC associated with a discharge end point of the battery (RSOC (temperature @ discharge termination)); and
determining, by the at least one processor, based on the determined specific SOC, a change trend of the SOC of the battery ([0097] lines 6-16, “Further, transition of the remaining amount determined by the step S4 shown in FIG. 3A is repeatedly executed (here, the remaining amount ratio RSOC) is shown as RSOC2 in FIG. 3C. As can be understood from FIG. 3C, immediately after the discharge of the battery 3 is started, while the curve of RSOC2 is separated from the straight line of the true value RSOC0, when the time has elapsed and gets closer to the discharge termination, the curve of RSOC2 becomes closer to the straight line of the true value RSOC0, so that it is possible to reduce the error.”). The repeated execution of determining the specific SOC to iteratively reduce the error with the true value is the change trend of the SOC.
Regarding claim 2, Sugawara teaches The method as claimed in claim 1, further comprising:
obtaining, by the at least one processor, a voltage of the battery (voltage measuring circuit 10) after the determining of the change trend of the SOC (Fig. 3A step S1; Fig. 3B curve 2); and
calculating, by the at least one processor, an SOC to be output based on the obtained voltage of the battery and the change trend of the SOC ([0096] “As steps S2 and S3 are performed, the temperature at the discharge end is predicted, and the temperature obtained by considering the temperature at the discharge end is changed as in the temperature transition TMP2. Thus, as shown in FIG. 3B, the temperature transition TMP2 is lower than the temperature transition TMP1. Further, the curve CCV curve 1, since the temperature at the time of discharge termination is not considered, shows the same changes as the voltage characteristics shown in FIG. 8A. In contrast, in step S1 in the embodiment, the internal resistance R upon calculating the closed-circuit voltage CCV is a value obtained by considering the temperature at the time of discharge termination. Therefore, the closed-circuit voltage CCV represented by the curve of CCV curve 2, as compared with the closed-circuit voltage represented by the curve CCV curve 1, decreases with less discharge capacity.”).
Regarding claim 6, Sugawara teaches The method as claimed in claim 1, wherein the calculating of the plurality of temperatures comprises:
calculating, by the at least one processor, a first temperature associated with a first SOC that is downgraded from the calculated SOC of the battery by the grade (Figs. 8A, 8B, and 3); and
calculating, by the at least one processor, a second temperature associated with a second SOC that is downgraded from the first SOC by the grade (Figs. 8A, 8B, and 3).
Regarding claim 7, Sugawara teaches The method as claimed in claim 6, wherein the calculating of the first temperature comprises: calculating, by the at least one processor, based on the first SOC, a voltage, a current, and a resistance (Figs. 4, 5 and 10); and
calculating, by the at least one processor, the first temperature based on the obtained temperature of the battery, the calculated voltage, the calculated current, and the calculated resistance (Figs. 4, 5 and 10).
Regarding claim 14, Sugawara teaches A non-transitory computer-readable recording medium comprising instructions executable by the at least one processor to perform the method as claimed in claim 1 (the data processing circuit 13 is constituted by a processor that executes processing according to a program. In the storage circuit 14, data or the like to be used when the processor constituting the data processing circuit 13 executes processing is stored in advance.).
Regarding claim 15, Sugawara teaches A battery management system (Abstract) comprising:
at least one processor (Fig. 1, processor/MCU 20); and
memory comprising at least one computer-readable program executable by the at least one processor to cause the at least one processor (the data processing circuit 13 is constituted by a processor that executes processing according to a program. In the storage circuit 14, data or the like to be used when the processor constituting the data processing circuit 13 executes processing is stored in advance.) to:
calculate a state of charge (SOC) of a battery (Fig. 4, step S1_3);
obtain a temperature of the battery (battery temperature sensing circuit 5);
calculate, based on the obtained temperature, a plurality of temperatures (Fig. 3A-C, temperature transitions TMP1 and TMP2; Fig. 2, temperature prediction function F1) associated with a plurality of SOCs of the battery (Fig. 3C) that are gradually downgraded from the calculated SOC ([0057] lines 14-24, “In FIG. 2, as the state information indicating the state of the battery 3, the full charge capacity FCC (temperature at @ discharge termination), the remaining amount RC (temperature at @ discharge termination), the remaining amount ratio RSOC (temperature at @ discharge termination) are shown. Here, the remaining amount RC is information indicating the remaining amount of the battery 3. Further, the remaining amount ratio RSOC is information indicating the state of charge of the battery 3, and the remaining capacity ratio represented by RSOC=RC/FCC (relative charge ratio).”) of the battery by a grade ([0006] lines 1-6, “As shown in FIGS. 8A and 8B, when the temperature of the battery decreases, the ejectable capacity (FCC) is reduced. In addition, the internal resistance of the battery increases in response to a decrease in the temperature of the battery, and in the case of the same current rate, an output voltage of the battery decreases.”);
determine, based on the calculated plurality of temperatures, a specific SOC associated with a discharge end point of the battery (RSOC (temperature @ discharge termination)); and
determine, based on the determined specific SOC, a change trend of the SOC ([0097] lines 6-16, “Further, transition of the remaining amount determined by the step S4 shown in FIG. 3A is repeatedly executed (here, the remaining amount ratio RSOC) is shown as RSOC2 in FIG. 3C. As can be understood from FIG. 3C, immediately after the discharge of the battery 3 is started, while the curve of RSOC2 is separated from the straight line of the true value RSOC0, when the time has elapsed and gets closer to the discharge termination, the curve of RSOC2 becomes closer to the straight line of the true value RSOC0, so that it is possible to reduce the error.”). The repeated execution of determining the specific SOC to iteratively reduce the error with the true value is the change trend of the SOC.
Regarding claim 16, Sugawara teaches The battery management system as claimed in claim 15, wherein the at least one program further causes the at least one processor to:
obtain a voltage of the battery (voltage measuring circuit 10); and
based on the obtained voltage of the battery and the change trend of the SOC, calculate an SOC to be output ([0096] “As steps S2 and S3 are performed, the temperature at the discharge end is predicted, and the temperature obtained by considering the temperature at the discharge end is changed as in the temperature transition TMP2. Thus, as shown in FIG. 3B, the temperature transition TMP2 is lower than the temperature transition TMP1. Further, the curve CCV curve 1, since the temperature at the time of discharge termination is not considered, shows the same changes as the voltage characteristics shown in FIG. 8A. In contrast, in step S1 in the embodiment, the internal resistance R upon calculating the closed-circuit voltage CCV is a value obtained by considering the temperature at the time of discharge termination. Therefore, the closed-circuit voltage CCV represented by the curve of CCV curve 2, as compared with the closed-circuit voltage represented by the curve CCV curve 1, decreases with less discharge capacity.”).
Regarding claim 18, teaches The battery management system as claimed in claim 15, wherein to calculate the plurality of temperatures, the at least one program further causes the at least one processor to:
calculate a first temperature associated with a first SOC downgraded from the calculated SOC of the battery by the grade (Figs. 8A, 8B, and 3); and
calculate a second temperature associated with a second SOC downgraded from the first SOC by the grade (Figs. 8A, 8B, and 3).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugawara as applied to claim 1 above, and further in view of Ha et al. (US 20150355282 A1)
Regarding claim 4, Sugawara teaches The method as claimed in claim 1, wherein the calculating of the plurality of temperatures comprises calculating, by the at least one processor, the plurality of temperatures associated with the plurality of SOCs that are gradually downgraded based on a table comprising temperature changes ([0113] lines 8-18, “it may be realized such that a plurality of functions or tables corresponding to the temperature at different discharging terminations from each other are provided to the remaining amount detecting unit 13_2, and a function or table corresponding to the supplied temperature TH.sub.EOD is selected. In this case, the remaining amount detecting unit 13_2, based on the current temperature supplied from the prediction unit 13_1, obtains the internal resistance R from a function or table selected in advance, and supplies the internal resistance R obtained as the internal resistance R (temperature at @ discharge termination) to the prediction unit 13_1.).
Sugawara does not teach the method, comprising: the plurality of temperatures associated with the plurality of SOCs that are gradually downgraded based on a table comprising temperature changes according to an amount of energy change
Ha teaches an analogous method (Abstract),comprising:
the plurality of temperatures associated with the plurality of SOCs that are gradually downgraded based on a table comprising temperature changes according to an amount of energy change ([0037] “The estimated energy calculation step calculates the estimated energy by reflecting the predicted energy consumption due to the internal resistance and polarization to the calculated no-load energy. Specifically, the predicted energy consumption due to the internal resistance can be produced by multiplying an average internal resistance, a predicted electric current and battery capacity. The average internal resistance can be deduced from a function depending on the predicted temperature, and the battery capacity can be deduced from a function depending on the SOC. Each of the functions can be composed of a data map or a simple formula.”; Fig. 1, steps S2, S3, and S4). The data map, comprising input temperatures, is the table comprising temperature changes.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Sugawara to include the amount of energy change of Ha because it would yield predictable results, such as including essential information pertaining to the battery.
Claim(s) 3 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugawara as applied to claim 1 and 15, respectfully, above, and further in view of Han et al. (US 20240027536 A1)
Regarding claim 3, Sugawara teaches The method as claimed in claim 1, further comprising:
determining, by the at least one processor, based on the determined specific SOC, (Fig. 3A step S1; Fig. 3B curve 2);
determining, by the at least one processor, based on (Fig. 10, equations 1-3), a discharge ratio of the battery ([0057] lines 21-24, “the remaining capacity ratio represented by RSOC=RC/FCC (relative charge ratio)”);
obtaining, by the at least one processor, a voltage of the battery (voltage measuring circuit 10); and
calculating, by the at least one processor, based on the obtained voltage of the battery and the discharge ratio of the battery, an SOC to be output ([0096] “As steps S2 and S3 are performed, the temperature at the discharge end is predicted, and the temperature obtained by considering the temperature at the discharge end is changed as in the temperature transition TMP2. Thus, as shown in FIG. 3B, the temperature transition TMP2 is lower than the temperature transition TMP1. Further, the curve CCV curve 1, since the temperature at the time of discharge termination is not considered, shows the same changes as the voltage characteristics shown in FIG. 8A. In contrast, in step S1 in the embodiment, the internal resistance R upon calculating the closed-circuit voltage CCV is a value obtained by considering the temperature at the time of discharge termination. Therefore, the closed-circuit voltage CCV represented by the curve of CCV curve 2, as compared with the closed-circuit voltage represented by the curve CCV curve 1, decreases with less discharge capacity.”).
Sugawara does not teach the method, comprising determining a range of available SOCs.
Han teaches an analogous method, comprising determining a range of available SOCs (Figs. 3-4, SOC regions ).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Sugawara to include the range of available SOCs of Han because it would yield predictable results, including the inclusion of pertinent battery information in the determinations and calculations.
Regarding claim 17, Sugawara teaches The battery management system as claimed in claim 15, wherein the at least one program further causes the at least one processor to:
determine, based on the determined specific SOC, (Fig. 10, equations 1-3);
determine, based on ([0057] lines 21-24, “the remaining capacity ratio represented by RSOC=RC/FCC (relative charge ratio)”);
obtain a voltage of the battery (voltage measuring circuit 10); and
based on the obtained voltage of the battery and the discharge ratio of the battery, calculate an SOC to be output ([0096] “As steps S2 and S3 are performed, the temperature at the discharge end is predicted, and the temperature obtained by considering the temperature at the discharge end is changed as in the temperature transition TMP2. Thus, as shown in FIG. 3B, the temperature transition TMP2 is lower than the temperature transition TMP1. Further, the curve CCV curve 1, since the temperature at the time of discharge termination is not considered, shows the same changes as the voltage characteristics shown in FIG. 8A. In contrast, in step S1 in the embodiment, the internal resistance R upon calculating the closed-circuit voltage CCV is a value obtained by considering the temperature at the time of discharge termination. Therefore, the closed-circuit voltage CCV represented by the curve of CCV curve 2, as compared with the closed-circuit voltage represented by the curve CCV curve 1, decreases with less discharge capacity.”).
Sugawara does not teach the system, comprising determining a range of available SOCs.
Han teaches an analogous system, comprising determining a range of available SOCs (Figs. 3-4, SOC regions ).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Sugawara to include the range of available SOCs of Han because it would yield predictable results, including the inclusion of pertinent battery information in the determinations and calculations.
Allowable Subject Matter
Claims 5, 8-13, and 19-20 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 and if rewritten to overcome the rejection under 35 USC 101.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN GEISS whose telephone number is (571)270-1248. The examiner can normally be reached Monday - Friday 7:30 am - 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.B.G./Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
Prosecution Insights