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 .
Claims 1, 2, 7 – 12, 15 – 18, 23 – 27, 46 – 48, and 51 – 54 are pending.
Claim Objections
Claims 1, 47, and 52 objected to because of the following informalities:
Regarding Claim 1, the claim should recite: lines 5, “a supervisor controller communicatively coupled to said cloud program code…”, line 16, “plurality of devices under test from said supervisor controller”, line 20, “send said response signal to said supervisor controller”.
Regarding Claim 47, the claim should recite: line 2, “the cloud program code and the supervisor controller”.
Regarding Claim 52, the claim should recite: line 3, “said cloud program code”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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, 18, 23 – 27, and 48 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 1 recites the limitation "said impedance measurements instructions" in line 7, 9, 12, 15, and 17-18. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 7 – 12, 15 – 18, 23 – 27, 46 – 48, and 51 – 54 are also rejected for depending on claim 1.
Regarding Claim 18, the claim recites “a non-transitory computer readable media…”. It is unclear by the claim and the original written description if this limitation is referred back to the related limitation in lines 2 – 3 of claim 1 or if it is a new limitation. Clarification and amendment are kindly requested.
Claim 23 – 27 are also rejected for depending on claim 18.
Claim 23 recites the limitation "said device under test" in 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 recites the limitation "said device under test" in 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 25 recites the limitation "said device under test" in 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 26 recites the limitation "said device under test" in 2. There is insufficient antecedent basis for this limitation in the claim.
Regarding Claim 48, the claim recites “a non-transitory computer readable media…”. It is unclear by the claim and the original written description if this limitation is referred back to the related limitation in lines 2 – 3 of claim 1 or if it is a new limitation. Clarification and amendment are kindly requested.
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 and 46 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The broadest reasonable interpretation of a claim drawn to a computer program or storage media comprising instructions typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media or storage media, particularly when the specification is silent.
Claim 1 recites the limitation “a cloud program code…”, which covers both transitory and non-transitory limitation, the limitation “cloud program code” is considered as an abstract idea, because the cloud program code is not physical “things” and/or are not “acts” being performed, thus “cloud program code” is non-statutory subject matter.
Claim 46 recites the limitation “firmware…” and “boot code”, which cover both transitory and non-transitory limitation, the limitations “firmware…” and “boot code” are considered an abstract idea, because the “firmware…” and “boot code” are not physical “things” and/or are not “acts” being performed, thus “firmware…” and “boot code” are non-statutory subject matter.
Comments
The prior art of record found as a result of the search, does not teach alone or in combination all of the elements recited in claim 1. Therefore, no prior art rejection for claim 1 and the dependent claims is presented in this action. However, Claim 1 is rejected under 35 U.S.C. 101 and claims 18, 23 – 27, and 48 are rejected under 35 U.S.C. 112(b).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Morrison (US 11,709,219 B2) teaches an impedance measurement apparatus, comprising: a current driver configured to generate an excitation current signal to be applied to a device; a processor communicatively coupled to a non-transitory computer readable media containing a program code, said program code executed under control of said processor to: excite said device using said excitation signal including a root mean squared current or a root mean squared voltage having a plurality of frequencies in a frequency range; record a response time record of said device excited using said excitation signal (see claim 1).
Gullapalli et al. (US 2022/0091062 A1) discloses a method to monitor a battery, the method comprising: receiving a first impedance measurement from the battery in response to a first multi-frequency sweep; receiving a second impedance measurement from the battery in response to a second multi-frequency sweep; and based on the first and second impedance measurements, determining an estimated capacity of the battery using a regression model (see claim 1).
Christophersen (US 11,519,969 B2) suggests a method for screening cells, comprising: conducting a first impedance measurement on each of a plurality of cells; generating a first impedance spectrum of said first impedance measurement on each of said plurality of cells; resting each of said plurality of cells for a period of time; conducting a second impedance measurement of each of said plurality of cells after resting each of said plurality of cells for said period of time (see claim 1).
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/GIOVANNI ASTACIO-OQUENDO/Primary Examiner, Art Unit 2858 2/21/2026