DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 16-27, 29, 30 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more (See 2019 Update: Eligibility Guidance).
Independent Claim(s) 16 recites
A method
for
monitoring,
wherein
the energy store supplies at least one safety-relevant consumer,
the method comprising the following steps:
predicting at least one characteristic variable of the energy store as a function of a ratio of an internal resistance of the energy store and a polarization resistance of the energy store,
wherein,
as a function of at least one current state variable of the energy store and/or of at least one current measured variable of the energy store, an associated ratio of the polarization resistance to the internal resistance is selected and is used for the prediction of the characteristic variable
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
In combination with Independent Claim(s) 16, Claim(s) 17-27, 29,30 recite(s)
as a function of different ambient conditions or state variables of the energy store, including temperature and/or state of charge and/or open-circuit voltage, measurements for determining the internal resistance and the polarization resistance are carried out in advance to ascertain the ratio of the internal resistance and the polarization resistance.
a load profile is used to ascertain the internal resistance and/or the polarization resistance, the load profile including a specifiable peak load, in the case of which the energy store is to achieve at least a particular voltage.
the polarization resistance is ascertained:
as a function of a voltage difference that arises after application of the load profile,
and/or
as a function of a current difference
and/or
as a function of the internal resistance.
the predicted characteristic is ascertained as a function of a polarization voltage and/or of the ratio, stored in advance, of the polarization resistance to the internal resistance, multiplied by a currently ascertained internal resistance and multiplied by a characteristic variable describing a peak load of the load profile including a peak current.
for the prediction of the characteristic variable, a polarization voltage and/or a voltage drop across the internal resistance is subtracted from an open-circuit voltage.
particular measured variables of the energy store, including (i) a voltage at the energy store and/or a current, with which the energy store is loaded, and/or (ii) a temperature.
a state detection, realized in the sensor, of the energy store ascertains, as a function of at least the measured variable, at least one state variable of the energy store including the internal resistance of the energy store and/or a state of charge of the energy store and/or an open-circuit voltage of the energy store and/or a temperature of the energy store.
various ratios of the polarization resistance to the internal resistance are stored as a function of at least one environmental variable and/or state variable of the energy store, the various ratios representing a maximum load on the energy store.
characterized in that a maximum value of the ratio of the polarization resistance to the internal resistance is stored for each type of energy store.
particular ratios of the polarization resistance to the internal resistance are stored in an assignment table and/or are represented in the form of a polynomial, as a function at least one environmental variable and/or state variable.
the characteristic variable is predicted using a variable which is stored in advance as a function of at least one state variable and represents an influence of a loading history of the energy store on the characteristic variable,
the variable is selected as a function of the state variable.
performs the state detection,
is used to store the ratio of the polarization resistance to the internal resistance,
is used to predict the characteristic variable
[Mathematical Concepts – mathematical relationships; mathematical formulas or equations or mathematical calculation] and/or [Mental Processes - concepts performed in the human mind (including an observation, evaluation, judgement, opinion)].
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application:
Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (see MPEP § 2106.05(f)) (i.e. when the predicted characteristic variable reaches a limit value, a measure is initiated including: blocking a function that is safety-relevant, and/or outputting a warning);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic data acquisition/storage/output (particular measured variables of the energy store are sensed by a sensor; a sensor is provided, which senses the at least one measured variable; outputting a warning)); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. an energy store in a motor vehicle; when the predicted characteristic variable reaches a limit value, a measure is initiated including: blocking a function that is safety-relevant, and/or outputting a warning).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because looking at the additional elements as an ordered combination adds nothing that is not already present when looking at the elements taken individually. There is no indication that the combination of elements improves the functioning of a computer or improves any other technology. The additional elements simply append well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception, e.g., a claim to an abstract idea requiring no more than a generic computer to perform generic computer functions that are well-understood, routine and conventional activities previously known to the industry, as discussed in Alice Corp., 134 S. Ct. at 2359-60, 110 USPQ2d at 1984 (see MPEP § 2106.05(d)) (i.e. See Alice Corp. and cited references for evidence of additional elements (i.e., generic computer structure)).
Examiner’s Note - 35 USC § 101
Claim 28 states:
“the energy store is loaded with a load profile including at least one base load and one peak load, and, after a rest phase, until an open- circuit voltage of the energy store has been reached, is loaded with a further load profile including the peak load, and an arising voltage curve is evaluated to ascertain the variable which represents an influence of the loading history of the energy store on the characteristic variable.”
Claim 28 performs a particular action on the energy store that would be considered a practically application of the identified abstract idea. Including claim 28 into the independent claim will cure the standing 101 rejection(s).
Claim 30 states:
“when the predicted characteristic variable reaches a limit value, a measure is initiated including: (i) blocking a function that is safety-relevant, and/or (ii) outputting a warning.”
Claim 30 is currently generic as it’s claimed but would be considered a practical application if amended to include what particular function is being ‘blocked’ with respect to the energy store and removing the ‘or’ language. Merely outputting a warning is considered insignificant extra-solution activity to the judicial exception.
Allowable Subject Matter (over prior art)
The following is a statement of reasons for the indication of allowable subject matter over prior art:
Examiner’s closest prior art to the claimed subject matter:
YONEMOTO ET AL. (US 20190023132 A1) teaches ‘The state of internal resistance is appropriately expressed for a battery being energized. A battery management system includes a battery information acquisition section, a voltage calculation section, a current fluctuation amount calculation section 109 and a resistance correction amount calculation section. The battery information acquisition section acquires a voltage value V of a storage battery being energized. The voltage calculation section acquires a predicted battery voltage value V.sub.model of the storage battery being energized by a method different from that of the battery information acquisition section. The current fluctuation amount calculation section calculates a current fluctuation amount dI/dt of the storage battery per unit time. Based on the comparison result of the voltage value V and the predicted battery voltage value V.sub.model and the current fluctuation amount dI/dt, the resistance correction amount calculation section corrects an equivalent circuit model expressing the internal state of the storage battery including a DC resistance component R.sub.0 and a polarization resistance component R.sub.p’.
None of the cited prior art alone or in combination provides motivation to explicitly teach:
A method
for
monitoring an energy store in a motor vehicle,
wherein
the energy store supplies at least one safety-relevant consumer,
the method comprising the following steps:
predicting at least one characteristic variable of the energy store as a function of a ratio of an internal resistance of the energy store and a polarization resistance of the energy store,
wherein,
as a function of at least one current state variable of the energy store and/or of at least one current measured variable of the energy store, an associated ratio of the polarization resistance to the internal resistance is selected and is used for the prediction of the characteristic variable
of claim(s) 16 (including dependent claim(s)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND NIMOX whose telephone number is (469)295-9226. The examiner can normally be reached Mon-Thu 10am-8pm CT.
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RAYMOND NIMOX
Primary Examiner
Art Unit 2857
/RAYMOND L NIMOX/Primary Examiner, Art Unit
Prosecution Insights