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 .
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 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.
DETAILED ACTION
Claims status
Claims 1-20 are pending as the applicant filed on 05/28/2024.
Claim Rejections - 35 USC § 112
2. 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 1-14 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.
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 is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a battery management system, comprising: at least one processor configured to: generate a first diagnosis result corresponding to a current state of the battery based on the battery information; and perform a control measure based on the first diagnosis result and a diagnosis result generated based on the battery information by an external device appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of obtain battery information including at least one of a temperature, a current or a voltage of a battery are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? there seems no more additional elements.
Step 2B: No. claim 1 not eligible.
Claim 8, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a battery diagnosing method, comprising: performing a control measure based on the first diagnosis result and a diagnosis result generated based on the battery information by an external device appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of obtaining battery information including at least one of a temperature, a current or a voltage of a battery are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of generating a first diagnosis result corresponding to a current state of the battery based on the battery information appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 8 not eligible.
Claim 15, Step 1 the claim is a process (or machine) (Yes),
Step 2A Prong One, does the claim recite an abstract idea? current claim related to a server, comprising: a communication unit; and at least one processor configured to perform a control measure based on whether the first diagnosis result and the diagnosis result are same or different to one another appears is an abstract idea of mental process (MPEP 2106.04(a)) or data gathering equivalent to mathematical concept or mathematical manipulation function (MPEP 2106.04 (a) (2) (concept need not be expressed in mathematical symbols, because "[w]ords used in a claim operating on data to solve a problem can serve the same purpose as a formula), (OR Mathematical Concepts and Mental Processes) Step 2A Prong One: Yes.
Step 2A Prong Two, is the claim directed to an abstract idea? In other words, does claim recite additional elements that integrate the Judicial Exception into a practical application? the additional elements of receive battery information including at least one of a temperature, a current or a voltage of a battery and a first diagnosis result corresponding to a current state of the battery generated based on the battery information from a battery management system (BMS) through the communication unit are recited at a high level of generality and merely amount to a particular field of use (see MPEP 2106.05(h)) and/or insignificant post-solution activity (MPEP 2106.05(g)), this does not integrate the Judicial Exception into a practical application,
Step 2A Prong Two: NO.
Step 2B, Does the claim recite additional element that amount to significantly more than the Judicial exception? the additional elements of generate a diagnosis result of the battery from the battery information, determine the current state of the battery based on the first diagnosis result and the diagnosis result appears to be field of use (See MPEP 2106.05(h) and MPEP 2106.05(f)) and/or merely amounts to insignificant extra-solution output of the results (see MPEP 2106.05(g)) and therefore fails to integrate the abstract idea into a practical application or amount to significantly more. Step 2B: No. claim 15 not eligible.
Claim 2 related to a second diagnosis result corresponding to the current state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the second diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 2 not eligible.
Claim 3 related to comprises a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the third diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 3 not eligible.
Claim 4 related to a second diagnosis result corresponding to the current state of the battery and a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result, the second diagnosis result and the third diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 4 not eligible.
Claim 5 related to the control measure is determined based on whether the first diagnosis result and the second diagnosis result are same or different with each other, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 5 not eligible.
Claim 6 related to wherein the control measure is determined based on whether the first diagnosis result and the third diagnosis result are same or different with each other, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 6 not eligible.
Claim 7 related to the control measure is determined based on whether the first diagnosis result, the second diagnosis result and the third diagnosis result are same or different with one another, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 7 not eligible.
Claim 9 related to a second diagnosis result corresponding to the current state of the battery, and wherein the performing comprises performing the control measure based on the first diagnosis result and the second diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 9 not eligible.
Claim 10 related to a third diagnosis result corresponding to a future state of the battery, and wherein the performing comprises performing the control measure based on the first diagnosis result and the third diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 10 not eligible.
Claim 11 related to a second diagnosis result corresponding to the current state of the battery and a third diagnosis result corresponding to a future state of the battery, and wherein the performing comprises performing the control measure based on the first diagnosis result, the second diagnosis result and the third diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 11 not eligible.
Claim 12 related to the control measure is determined based on whether the first diagnosis result and the second diagnosis result are same or different with each other, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 12 not eligible.
Claim 13 related to the control measure is determined based on whether the first diagnosis result and the third diagnosis result are same or different with each other, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 13 not eligible.
Claim 14 related to the control measure is determined based on whether the first diagnosis result, the second diagnosis result and the third diagnosis result are same or different with one another, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 14 not eligible.
Claim 16 related to a second diagnosis result corresponding to the current state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the second diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 16 not eligible.
Claim 17 related to a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the third diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 17 not eligible.
Claim 18 related to a second diagnosis result corresponding to the current state of the battery and a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result, the second diagnosis result and the third diagnosis result, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 18 not eligible.
Claim 19 related to the control measure is determined based on whether the first diagnosis result and the second diagnosis result are same or different with each other, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 19 not eligible.
Claim 20 related to the control measure is determined based on whether the first diagnosis result and the third diagnosis result are same or different with each other, its recites further data characterization and mathematical concepts that are part of the abstract idea, claim 20 not eligible.
Double Patenting
4. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are provisionally rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-20 of a related Application No. 18/265,624 now US Patent 12,025,668. Although the conflicting claims are not identical, they are not patentably distinct from each other because the limitations of the claims in the current application are encompassed in the previous application. The latter pending application encompasses the same process as the pending application and is a slightly different version of the previous application because of rearrangement of the claims language.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Park (US Patent Application Publication 20180217208, Date Published: 2018-08-02).
Regarding claim 1:
Park described a battery management system (abstract, battery diagnosis), comprising:
at least one processor configured to:
obtain battery information including at least one of a temperature, a current or a voltage of a battery (0013, measure a temperature, a current, and a voltage of the battery);
generate a first diagnosis result corresponding to a current state of the battery based on the battery information (0013, diagnosing a state of a battery); and
perform a control measure based on the first diagnosis result and a diagnosis result generated based on the battery information by an external device (0016, BMS control, fig. 1, unit 2, , 0025, BMS and calculate a result).
Regarding claim 8:
Park described a battery diagnosing method (abstract, battery diagnosis), comprising:
obtaining battery information including at least one of a temperature, a current or a voltage of a battery (0013, measure a temperature, a current, and a voltage of the battery);
generating a first diagnosis result corresponding to a current state of the battery based on the battery information (0013, diagnosing a state of a battery); and
performing a control measure based on the first diagnosis result and a diagnosis result generated based on the battery information by an external device (0016, BMS control, fig. 1, unit 2, , 0025, BMS and calculate a result).
Regarding claim 15:
Park described a server, comprising:
a communication unit; and
at least one processor configured to (0016, fig.1, unit 2 computer in BMS network):
receive battery information including at least one of a temperature, a current or a voltage of a battery and a first diagnosis result corresponding to a current state of the battery generated based on the battery information from a battery management system (BMS) through the communication unit (0013, measure a temperature, a current, and a voltage of the battery, 0016, fig.1, unit 2 computer in BMS network),
generate a diagnosis result of the battery from the battery information, determine the current state of the battery based on the first diagnosis result and the diagnosis result (0013, diagnosing a state of a battery), and
perform a control measure based on whether the first diagnosis result and the diagnosis result are same or different to one another (0016, BMS control, fig. 1, unit 2, 0025, BMS and calculate a result).
Regarding claim 2, Park further described a second diagnosis result corresponding to the current state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the second diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 3, Park further described a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the third diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 4, Park further described a second diagnosis result corresponding to the current state of the battery and a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result, the second diagnosis result and the third diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 5, Park further described the control measure is determined based on whether the first diagnosis result and the second diagnosis result are same or different with each other (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 6, Park further described the control measure is determined based on whether the first diagnosis result and the third diagnosis result are same or different with each other (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 7, Park further described the control measure is determined based on whether the first diagnosis result, the second diagnosis result and the third diagnosis result are same or different with one another (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 9, Park further described a second diagnosis result corresponding to the current state of the battery, and wherein the performing comprises performing the control measure based on the first diagnosis result and the second diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
.
Regarding claim 10, Park further described a third diagnosis result corresponding to a future state of the battery, and wherein the performing comprises performing the control measure based on the first diagnosis result and the third diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 11, Park further described a second diagnosis result corresponding to the current state of the battery and a third diagnosis result corresponding to a future state of the battery, and wherein the performing comprises performing the control measure based on the first diagnosis result, the second diagnosis result and the third diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 12, Park further described the control measure is determined based on whether the first diagnosis result and the second diagnosis result are same or different with each other (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 13, Park further described the control measure is determined based on whether the first diagnosis result and the third diagnosis result are same or different with each other (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 14, Park further described the control measure is determined based on whether the first diagnosis result, the second diagnosis result and the third diagnosis result are same or different with one another (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
.
Regarding claim 16, Park further described a second diagnosis result corresponding to the current state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the second diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 17, Park further described a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result and the third diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 18, Park further described a second diagnosis result corresponding to the current state of the battery and a third diagnosis result corresponding to a future state of the battery, and wherein the at least one processor configured to perform the control measure based on the first diagnosis result, the second diagnosis result and the third diagnosis result (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 19, Park further described the control measure is determined based on whether the first diagnosis result and the second diagnosis result are same or different with each other (0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Regarding claim 20, Park further described the control measure is determined based on whether the first diagnosis result and the third diagnosis result are same or different with each other 0022, plural forms as well, 0013, reading data of a battery over time with voltage current temperature calculate data according to an operation state of the battery, 0073-0074, BMS may store the received changed data and change the use of the battery module according to the changed data over any time).
Contact information
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tung Lau whose telephone number is (571)272-2274, email is Tungs.lau@uspto.gov. The examiner can normally be reached on Tuesday-Friday 7:00 AM-5:00 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TURNER SHELBY, can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUNG S LAU/Primary Examiner, Art Unit 2857
Technology Center 2800
August 25, 2026
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