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 .
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 1-7 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
With respect to claims 1, 6, and 7,
Step 2A Prong One:
The following bold limitations are considered abstract:
“An abnormality detection system comprising:
a data acquisition unit that acquires temperature data for a plurality of battery packs mounted on different equipment in a predetermined period;
a statistical calculation unit that calculates, for each battery pack (41), a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period;
and a determination unit that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal.”
The above bolded limitations are directed to abstract ideas and would fall within the “Mathematical Concept” and “Mental Process” groupings of abstract ideas. Calculating a statistical value based on data is a mathematical concept. This can be further seen on Para. [0039] of the specification where it describes calculating the statistical value as finding an average, median, or mode of the data. According to MPEP 2106.04(C) “A claim that recites a mathematical calculation, when the claim is given its broadest reasonable interpretation in light of the specification, will be considered as falling within the "mathematical concepts" grouping. A mathematical calculation is a mathematical operation (such as multiplication) or an act of calculating using mathematical methods to determine a variable or number, e.g., performing an arithmetic operation such as exponentiation. There is no particular word or set of words that indicates a claim recites a mathematical calculation. That is, a claim does not have to recite the word "calculating" in order to be considered a mathematical calculation. For example, a step of "determining" a variable or number using mathematical methods or "performing" a mathematical operation may also be considered mathematical calculations when the broadest reasonable interpretation of the claim in light of the specification encompasses a mathematical calculation.” Determining that a temperature adjustment function is abnormal amounts to comparing a statistical value to a which can be done in the human mind using observation, judgement, and opinion.
Step 2A Prong Two:
This judicial exception is not integrated into a practical application. In particular, the claim recites the additional elements –
“a data acquisition unit that acquires temperature data for a plurality of battery packs mounted on different equipment in a predetermined period; a statistical calculation unit, and a determination unit.”
Examiner views these limitations amount to generally linking the use of the judicial exception to a particular technological environment or field of use – see MPEP 2106.05(h)
As such Examiner does NOT view that the claims
-Improve the functioning of a computer, or to any other technology or technical field
-Apply the judicial exception with, or by use of, a particular machine - see MPEP
2106.05(b)
-Effect a transformation or reduction of a particular article to a different state or thing -
see MPEP 2106.05(c)
-Apply or use the judicial exception in some other meaningful way beyond generally
linking the use of the judicial exception to a particular technological environment, such that the
claim as a whole is more than a drafting effort designed to monopolize the exception - see MPEP
2106.05(e) and Vanda Memo.
Moreover, Examiner views the claims to be merely generally linking the use of the judicial exception to a plurality of battery packs. Furthermore, ascertaining data is viewed as necessary data gathering. A statistical calculation unit, a determination unit, non-transitory computer readable medium, and different determining and computational modules are viewed as well-known computational devices and using them amounts to using a computer as a tool.
Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Considering the claim as a whole, one of ordinary skill in the art would not know the practical application of the present invention since the claims do not apply or use the judicial exception in some meaningful way. As currently claimed, Examiner views that the additional elements do not apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, because the claim fails to recite clearly how the judicial exception is applied in a manner that does not monopolize the exception because the limitations “a data acquisition unit that acquires temperature data for a plurality of battery packs mounted on different equipment in a predetermined period; a statistical calculation unit, and a determination unit” just tie the claim to battery packs. Examiner further notes that such additional elements are viewed to be well known routine and conventional as evidenced by Futamura (US 20230420758 A1) and Li (CN 112693358 A).
Dependent claims 2-5 when analyzed as a whole are held to be patent ineligible under 35 U.S.C. 101 because the additional recited limitation(s) fail(s) to establish that the claims are not directed to an abstract idea, as detailed below:
The dependent claims are directed to further limit the statistical analysis or extracting certain data. Claims 4 and 5 are directed to electric vehicles which are an additional element. However, they are viewed as generally linking the use of the judicial exception to a particular technological environment or field of use as they just tie the claims to electric vehicles.
Therefore, dependent claims 2-5 further limit the abstract idea with an abstract idea and thus the claims are still directed to an abstract idea without significantly more.
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.
Claims 1, 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Futamura (US 20230420758 A1) in view of Li (CN 112693358 A).
With respect to claims 1 and 6,
Futamura teaches,
An abnormality detection system comprising: a data acquisition unit that acquires temperature data for a plurality of battery packs mounted on different equipment in a predetermined period; (Para. [0131] teaches “In the first embodiment, the management server device 300 estimates an abnormality due to an increase in the temperature inside of the battery replacement device 220 due to an influence of clogging of the filter 266 or the like according to a measurement result of the temperature sensor 131 provided inside of the detachable battery 100.” Para. [0110] teaches “The battery manager 211 manages a plurality of detachable batteries 100 accommodated in a plurality of battery slots 221.” Para. [0112] teaches “The battery temperature detector 213 detects a temperature of each detachable battery 100 on the basis of a measurement result of the temperature sensor 131.” Fig. 6 shows multiple batteries and multiple fans.)
and a determination unit that determines a temperature adjustment function of the equipment to be abnormal. (Para. [0021] teaches “Also, in addition to the abnormal change in the filter 266, the temperature inside of the battery replacement device 220 also increases due to abnormal stopping of the fan 254 or a decrease in a rotational speed thereof. Even if there is no abnormality in the filter 266, the administrator may determine an abnormality in the movement of the fan 254 and replace the fan 254 if it is abnormal.”)
Futamura does not explicitly teach,
a statistical calculation unit that calculates, for each battery pack (41), a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period;
and a determination unit that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal.
Li teaches,
a statistical calculation unit that calculates, for each battery pack (41), a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period; (Para. [n0022] teaches “The vehicle ECU calculates the temperature rise rate and sets an average temperature rise anomaly coefficient A according to the battery average temperature rise rate threshold M.”)
and a determination unit that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal. (Para. [n0022] teaches “The battery average temperature rise rate is defined as the ratio of temperature rise to the remaining battery capacity; when all average temperature rise anomaly coefficients A over a certain period of time are not greater than 2, the battery charging process temperature is judged to be normal; when the average temperature rise anomaly coefficient A remains at a to b over a certain period of time, a level 2 warning is triggered; when all average temperature rise anomaly coefficients A over a certain period of time are greater than b, an anomaly alarm is triggered.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Futamura with a statistical calculation unit that calculates, for each battery pack (41), a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period; and a determination unit that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal such as that of Li.
One of ordinary skill would have been motivated to modify Futamura, because Futurama Para. [0040] shows that temperature increases can be the result of temperature adjustment abnormalities such as an abnormality in the fan. Furthermore, finding an average over several periods would reduce the likelihood that a temperature adjustment function is wrongly labeled as abnormal by aberrations in the data.
With respect to claim 3,
Futamura further teaches,
The abnormality detection system according to claim 1, wherein the data acquisition unit acquires temperature data and current data for the plurality of battery packs in a predetermined period,
wherein the abnormality detection system further includes: (Para. [0084] teaches “The BMU 110 controls the charging and discharging of the power storage 120, performs cell balancing, detects abnormalities in the power storage 120, derives a cell temperature of the power storage 120, derives a charging/discharging current of the power storage 120, estimates the SOC of the power storage 120, and the like. The BMU 110 causes the storage 140 to store abnormalities and failures of the power storage 120 and the like ascertained on the basis of measurement results of the measurement sensor 130 as battery state information”)
a charging period data extraction unit that extracts temperature data in a period, in the predetermined period, during which a duration that a charging current is flowing falls within a preset time range, as temperature data in a charging period. (Para. [0084] teaches “A detachable battery 100 other than the detachable battery 100 defined as described above may be defined as an electrically operating detachable battery 100. As an example, an electrically operated state may be defined as either a state in which the detachable battery 100 is charged or a state in which the detachable battery 100 is discharged.” Para. [0102] teaches “The plurality of detachable batteries 100 disposed in the battery replacement device 220 are divided into a detachable battery 100 that is electrically operating and a detachable battery 100 that is not electrically operating. The temperature sensor 131 detects the temperature values of the detachable battery 100 that is not electrically operating and the detachable battery 100 that is electrically operating on the basis of control of the BMU 110 and the like.” Para. [0111] teaches “The control history information I12 includes, for example, information in which the charging start time and the charging end time of each detachable battery 100 and the number of detachable batteries 100 during simultaneous charging are associated with date and time information.”)
With respect to claim 7,
Futamura teaches,
A non-transitory computer-readable recording medium having embodied thereon an abnormality detection program including computer-implemented modules including: (Para. [0109] teaches “The program may be pre-stored in a storage device (a storage device including a non-transitory storage medium) such as a hard disk drive (HDD) or a flash memory provided in the station control device 210 or may be stored in a removable storage medium (the non-transitory storage medium) such as a DVD or a CD-ROM and installed in the HDD or the flash memory provided in the station control device 210 when the storage medium is mounted in a drive device provided in the station control device 210.”
a module that acquires temperature data for a plurality of battery packs mounted on different equipment in a predetermined period; (Para. [0131] teaches “In the first embodiment, the management server device 300 estimates an abnormality due to an increase in the temperature inside of the battery replacement device 220 due to an influence of clogging of the filter 266 or the like according to a measurement result of the temperature sensor 131 provided inside of the detachable battery 100.” Para. [0110] teaches “The battery manager 211 manages a plurality of detachable batteries 100 accommodated in a plurality of battery slots 221.” Para. [0112] teaches “The battery temperature detector 213 detects a temperature of each detachable battery 100 on the basis of a measurement result of the temperature sensor 131.” Fig. 6 shows multiple batteries and multiple fans.)
and a module that determines a temperature adjustment function of the equipment to be abnormal. (Para. [0021] teaches “Also, in addition to the abnormal change in the filter 266, the temperature inside of the battery replacement device 220 also increases due to abnormal stopping of the fan 254 or a decrease in a rotational speed thereof. Even if there is no abnormality in the filter 266, the administrator may determine an abnormality in the movement of the fan 254 and replace the fan 254 if it is abnormal.”)
Futamura does not explicitly teach,
a module that calculates, for each battery pack, a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period;
and a module that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal.
Li teaches,
a module that calculates, for each battery pack, a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period; (Para. [n0022] teaches “The vehicle ECU calculates the temperature rise rate and sets an average temperature rise anomaly coefficient A according to the battery average temperature rise rate threshold M.”)
and a module that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal. (Para. [n0022] teaches “The battery average temperature rise rate is defined as the ratio of temperature rise to the remaining battery capacity; when all average temperature rise anomaly coefficients A over a certain period of time are not greater than 2, the battery charging process temperature is judged to be normal; when the average temperature rise anomaly coefficient A remains at a to b over a certain period of time, a level 2 warning is triggered; when all average temperature rise anomaly coefficients A over a certain period of time are greater than b, an anomaly alarm is triggered.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Futamura with a module that calculates, for each battery pack, a statistical value based on a temperature change rate in a plurality of charging periods included in the predetermined period; and a module that determines a temperature adjustment function of the equipment for which a deviation of the statistical value based on the temperature change rate is equal to or greater than a threshold value to be abnormal such as that of Li.
One of ordinary skill would have been motivated to modify Futamura, because Futurama Para. [0040] shows that temperature increases can be the result of temperature adjustment abnormalities such as an abnormality in the fan. Furthermore, finding an average over several periods would reduce the likelihood that a temperature adjustment function is wrongly labeled as abnormal by aberrations in the data.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Futamura (US 20230420758 A1) and Li (CN 112693358 A) as applied to claim 1 above, and further in view of Beijing Electric Vehicles (CN 113500916 A).
With respect to claim 4,
Futamura does not explicitly teach,
The abnormality detection system according to claim 1, wherein the equipment is an electric-powered vehicle, and wherein the plurality of battery packs are battery packs mounted on a plurality of electric-powered vehicles of the same model.
Beijing Electric Vehicles teaches,
wherein the equipment is an electric-powered vehicle, and wherein the plurality of battery packs are battery packs mounted on a plurality of electric-powered vehicles of the same model. (Para. [n0012] teaches “At preset intervals, vehicle status data and power battery status data of multiple electric vehicles are acquired respectively. Para. [n0005] teaches “Based on the vehicle status data and the power battery status data, multiple vehicle databases are established, wherein each vehicle database includes the vehicle status data and the power battery status data of electric vehicles with the same model and the same battery model.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Futamura and Li wherein the equipment is an electric-powered vehicle, and wherein the plurality of battery packs are battery packs mounted on a plurality of electric-powered vehicles of the same model such as that of Beijing Electric Vehicles.
One of ordinary skill would have been motivated to modify Futamura, because monitoring the batteries when they are in use in the electric vehicles could prevent malfunction and accidents while they are being driven or charging in homes. Furthermore, it would allow the system to apply to vehicles without detachable batteries.
Prior Art Analysis
Claims 2 and 5 stand rejected under 35 U.S.C. 101, however, none of the known prior art could be applied to the claims for the following reasons.
With respect to claim 2,
Futamura (US 20230420758 A1) teaches,
Finding the temperature of a plurality of detachable batteries charging in a storage bank. Determining from an average of the temperatures of each battery if there is an abnormality in the storage bank, specifically if there is an abnormality in the fan of the storage bank which is viewed as the cooling function. (Para(s). [0112, 0124, and [0129]). They further teach a plurality of electric vehicles. (Para. [0066] and Fig. 1) However, they do not explicitly teach, finding an average, a median, or a mode of the temperature change rate in the plurality of charging periods, calculating an average value and a standard deviation value of the statistical temperature change rate in the plurality of battery packs in a charging period, calculating a Z value, or using the Z value to determine the abnormality.
Li (CN 112693358 A) teaches,
a vehicle-mounted battery pack overheating detection and prevention control management system. (Abstract) They further teach finding an average temperature change rate and determining an abnormality based on that change rate. (Para. [n0022]) However, they do not explicitly teach finding a statistical temperature change rate for a plurality of battery packs, calculating a Z value, or using the Z value to determine the abnormality.
Wang (CN 107843853 A) teaches,
A method for diagnosing faults in series connection of power battery packs. (Para. [0002]) They further teach calculating a Z-score for all the individual battery cells and determining abnormality in the cells based on the Z-score. (Para(s). [0012 and 0013]) However, their Z-score is based on voltage values. They do not explicitly teach finding a Z-score of the temperature change rate for a plurality of battery packs and using that to determine abnormality in the temperature adjustment function.
As seen above none of the known prior art explicitly teaches and it would be non-obvious to
combine the known prior art to teach,
“wherein the statistical calculation unit: calculates an average value and a standard deviation value of the statistical temperature change rate in the plurality of battery packs in a charging period,
calculates a Z value of the statistical temperature change rate of each battery pack based on the average value and the standard deviation value of a plurality of statistical temperature change rates, and determines whether the temperature adjustment function of each equipment is abnormal by comparing the Z value with the threshold value.”
Therefore, prior art cannot be applied to claim 2. Prior art cannot be applied to claim 5 because it is dependent upon claim 2.
Conclusion
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/JOSHUA L FORRISTALL/Examiner, Art Unit 2857
/ANDREW SCHECHTER/Supervisory Patent Examiner, Art Unit 2857
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