DETAILED ACTION
Non-Final Rejection
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 .
Claim Objections
Claim1 objected to because of the following informalities: the limitation “receiving one or more battery operating condition parameters and a battery swelling rate threshold” should be changed to “receiving one or more the battery operating condition parameters and the battery swelling rate threshold” . Appropriate correction is required.
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 1-16 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims 1-16 falls within one of the four statutory categories. See MPEP § 2106.03. For example, each of claim 1-14 falls within category process. For example, each of claim 15-16 falls within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863))
Regarding Claims 1-14
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of predicting swelling and life of a battery.
The abstract idea is set forth or described by the following italicized limitations:
1. A method for predicting swelling and life of a battery, wherein the method comprises:
receiving one or more battery operating condition parameters and a battery swelling rate threshold;
acquiring multiple battery swelling rate versus battery life distribution curves according to the one or more battery operating condition parameters;
acquiring a life distribution of the battery corresponding to the battery swelling rate threshold based on the multiple battery swelling rate versus battery life distribution curves, or
acquiring a swelling rate distribution of the battery at a specified time or at a specified quantity of cycles based on the multiple battery swelling rate versus battery life distribution curves; wherein
the one or more battery operating condition parameters comprise at least one of a temperature, a charge cut-off voltage, a discharge cut-off voltage, a charge rate, a discharge rate, a quantity of battery continuous cycles per day, a storage voltage, or a storage time;
the battery swelling rate threshold is a maximum swelling rate allowable by the battery;
the life of the battery is represented by time or a quantity of cycles; and
the quantity of battery continuous cycles per day is a quantity of cycles per day, wherein in each cycle, the battery is discharged from the charge cut-off voltage to the discharge cut-off voltage and then charged to the charge cut-off voltage..
The italicized limitations above represent a combination of mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea) and mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment) . Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “acquiring multiple battery swelling rate versus battery life distribution curves according to the one or more battery operating condition parameters; acquiring a life distribution of the battery corresponding to the battery swelling rate threshold based on the multiple battery swelling rate versus battery life distribution curves, or acquiring a swelling rate distribution of the battery at a specified time or at a specified quantity of cycles based on the multiple battery swelling rate versus battery life distribution curves” is mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea), and/or mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment), see 2106.04(a)(2). Limitations are considered together as a single abstract idea for further analysis. (discussing Bilski v. Kappos, 561 U.S. 593 (2010)).
Step 2A – Prong 2
Claims 1 does not include additional elements (when considered individually, as an ordered combination, and/or within the claim as a whole) that are sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “receiving one or more battery operating condition parameters and a battery swelling rate threshold; the one or more battery operating condition parameters comprise at least one of a temperature, a charge cut-off voltage, a discharge cut-off voltage, a charge rate, a discharge rate, a quantity of battery continuous cycles per day, a storage voltage, or a storage time; the battery swelling rate threshold is a maximum swelling rate allowable by the battery; the life of the battery is represented by time or a quantity of cycles; and the quantity of battery continuous cycles per day is a quantity of cycles per day, wherein in each cycle, the battery is discharged from the charge cut-off voltage to the discharge cut-off voltage and then charged to the charge cut-off voltage” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., field of use and /ordata gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g)
In view of the above, the “additional elements” individually do not provide a practical application of the abstract idea. Furthermore, the “additional elements” in combination amount to a generic computer components with computer software, where such computers and software amount to mere instructions to implement the abstract idea on a computer(s) and/or mere use of a generic computer component(s) as a tool to perform the abstract idea. Therefore, these elements in combination do not provide a practical application. The combination of additional elements does no more than generally link the use of the abstract idea to a particular technological environment, and for this additional reason, the combination of additional elements does not provide a practical application of the abstract idea..
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For examples, “battery” are generic structure of battery monitoring system , which is well understood, routine and convention (see background of current discloser, IDS and PTO892) and MPEP 2106.05(d)) The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 2-14
Dependent claims 2-14 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2-14 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For example, the limitations of Claims 2-14 are a mental step a combination of mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea) and mental step (i.e., a process that can be performed by can be performed mentally and/or with pen and paper or a mental judgment).
Claims 15-16
Claims 15-16 contains language similar to claim 1 as discussed in the preceding paragraphs, and for reasons similar to those discussed above, claims 15-16 are also rejected under 35 U.S.C. § 101(abstract idea).
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) 1-6 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ghantous et al. (US 2016/0116548) in view of Kim (US 20080265841)
Regarding claim 1 and 15-16. Ghantous teaches a method for predicting swelling and life of a battery, wherein the method comprises(abstract; [0003]):
receiving one or more battery operating condition parameters ([0019]) and a battery swelling rate threshold (12(80%): fig. 3; [0020]-[0030]; control/processing circuitry: fig. 8B);
acquiring multiple battery swelling rate (0-16: fig. 3)versus battery life distribution curves according to the one or more battery operating condition parameters(capacity retention: fig. 3; cycle number: fig. 4; [0020]-[0030], [0068]);
acquiring a life distribution of the battery corresponding to the battery swelling rate threshold based on the multiple battery swelling rate versus battery life distribution curves([0014], [0068]), or
acquiring a swelling rate distribution of the battery at a specified time or at a specified quantity of cycles based on the multiple battery swelling rate versus battery life distribution curves(figs. 3-4; [0020]-[0030], [0068]);
wherein the one or more battery operating condition parameters comprise at least one of a temperature, a charge cut-off voltage, a discharge cut-off voltage, a charge rate, a discharge rate, a quantity of battery continuous cycles per day, a storage voltage, or a storage time([0019],[0038], [0042], [0063]);
the battery swelling rate threshold is a maximum swelling rate allowable by the battery(12: fig. 3-4);
the life of the battery is represented by time or a quantity of cycles(cycles number: fig. 4;[0039]-[0040], [0068]); and
Ghantous silent about the quantity of battery continuous cycles per day is a quantity of cycles per day, wherein in each cycle, the battery is discharged from the charge cut-off voltage to the discharge cut-off voltage and then charged to the charge cut-off voltage.
However, Kim teaches the quantity of battery continuous cycles per day is a quantity of cycles per day, wherein in each cycle, the battery is discharged from the charge cut-off voltage to the discharge cut-off voltage and then charged to the charge cut-off voltage(fig. 4; FIG. 4 shows cycle-life test conditions are as follows. the first condition is set as the SOC of the 1C, 4.2V of the charging voltage, the charging cut-off current of 20mA, 10 minutes of charging (or first) recovery period, the discharge rate of 1C, 3V, discharge of the discharge cut-off voltage of ten minutes (or second) recovery period and the duration test of 500 cycles for 64 days. the second condition is set as the SOC of the 1C, and the 4.2V; “500 cycles for 64 days” can alternatively say 500/64 cycles per day: [0046]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to the invention of Ghantous, the quantity of battery continuous cycles per day is a quantity of cycles per day, wherein in each cycle, the battery is discharged from the charge cut-off voltage to the discharge cut-off voltage and then charged to the charge cut-off voltage, as taught by Kim, so as to reduce time required for the cycle life test. Reduces time required to develop new battery and reduce costs and time for quality test.
Regarding claim 2. Ghantous further teaches the acquiring a life distribution of the battery corresponding to the battery swelling rate threshold based on the multiple battery swelling rate versus battery life distribution curves further comprises: acquiring a life of the battery corresponding to the battery swelling rate threshold(80%: : fig. 3; [0020]-[0030]), wherein the life of the battery is represented by a time extremum corresponding to the battery swelling rate threshold or is represented by a time average corresponding to the battery swelling rate threshold([0010]).
Regarding claim 3. Ghantous further teaches the acquiring a swelling rate distribution of the battery at a specified time or at a specified quantity of cycles based on the multiple battery swelling rate versus battery life distribution curves further comprises: acquiring a swelling rate of the battery, wherein the swelling rate of the battery is represented by a swelling rate extremum of the battery at a specified time or at a specified quantity of cycles or is represented by a swelling rate average of the battery at a specified time or at a specified quantity of cycles([0020]-[0030]), [00110].
Regarding claims 4,5 and 6: Ghantous further teaches inputting the one or more battery operating condition parameters into a battery swelling rate model to obtain the multiple battery swelling rate versus battery life distribution curves(Estimating Battery Swelling: [0066]-[0092]; figs. 2-3).
Examiner Notes
Although there are no prior art rejections for Claims 7-14, the Examiner cannot comment on their allowability until all the rejections under 35 U.S.C 101 is satisfactorily addressed. However, closest prior art fail to teach the limitation of claim 7, e.g. ” inputting the geographical location data, the charge cut-off voltage, the discharge cut-off voltage, the charge rate, the discharge rate, and the quantity of battery continuous cycles per day into the battery swelling rate model to obtain the multiple battery swelling rate versus battery life distribution curves.” and claim 8, e.g. ” establishing a battery cycling swelling rate model of the battery based on the cell connection mode and a cell cycling swelling rate model; establishing a battery storage swelling rate model of the battery based on the cell connection mode and a cell storage swelling rate model; and establishing the battery swelling rate model of the battery based on the battery cycling swelling rate model and the battery storage swelling rate model; wherein the cell cycling swelling rate model represents a relationship between a quantity of cell cycles and a cell swelling rate, and the cell storage swelling rate model represents a relationship between a cell storage time and the cell swelling rate.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) US 20220252498: The battery is usually a secondary battery that can be cyclically charged and discharged, and it is therefore required that the battery can be used normally during its cycle life. During the battery cycle life, the negative electrode active material layer of the battery is subjected to cyclic intercalation and deintercalation of lithium ions, which causes volume swelling of the negative electrode active material layer. Different from a porosity of the negative electrode active material layer of the battery in the early stage of manufacturing, the porosity of the negative electrode active material layer increases in the late stage of cycling, resulting in a larger physical demand for the electrolyte. Therefore, in this application, the consumption of electrolyte caused by the swelling of the negative electrode active material layer in the late stage of cycling of the battery is further considered, which ensures that in the late stage of cycling, no capacity loss occurs due to local dead zones caused by the electrolyte not enough to fill all pores of the negative electrode active material layer. The swelling percentage a of the negative electrode active material layer in this application may be determined according to swelling characteristics of different negative electrode active material layers in the cycle life, and the value usually ranges from 5% to 15%.
b) US 20150024249: FIG. 4 is a graph showing a cell swelling ratio of the rechargeable lithium battery according to Example 1 and Comparative Example 1 at room temperature (25.degree. C.) and at high temperature (45.degree. C.).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD K ISLAM whose telephone number is (571)270-0328. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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/MOHAMMAD K ISLAM/ Primary Examiner, Art Unit 2857
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