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 § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 19 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Though the disclosure does state that the “battery is controlled to be charged (e.g., by a charger)” (instant PGPub paragraph [0050]), it is not clear how the non-transitory computer-readable storage media or the processor is capable of charging, by a charger, the battery. The collection of data from the charging is detailed in the instant PGPub paragraph [0051], but the connection of the battery to the charger does not appear to be a thing that is controllable by the processor, nor does there appear to be disclosure of the processor or charger being equipped to be controllable to charge or not charge based on the instructions of the processor. Therefore, it is not clear that the processor is capable of the step “charging, by a charger, the battery” as claimed.
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 19 and 20 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.
Though the disclosure does state that the “battery is controlled to be charged (e.g., by a charger)” (instant PGPub paragraph [0050]), it is not clear how the non-transitory computer-readable storage media or the processor is capable of charging, by a charger, the battery. The collection of data from the charging is detailed in the instant PGPub paragraph [0051], but the connection of the battery to the charger does not appear to be a thing that is controllable by the processor, nor does there appear to be disclosure of the processor or charger being equipped to be controllable to charge or not charge based on the instructions of the processor. Therefore, it is not clear that the processor is capable of the step “charging, by a charger, the battery” as claimed.
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 19 and 20 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.
Though the disclosure does state that the “battery is controlled to be charged (e.g., by a charger)” (instant PGPub paragraph [0050]), it is not clear how the non-transitory computer-readable storage media or the processor is capable of charging, by a charger, the battery. The collection of data from the charging is detailed in the instant PGPub paragraph [0051], but the connection of the battery to the charger does not appear to be a thing that is controllable by the processor, nor does there appear to be disclosure of the processor or charger being equipped to be controllable to charge or not charge based on the instructions of the processor. Therefore, it is not clear that the processor is capable of the step “charging, by a charger, the battery” as claimed.
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, 19, and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) an abstract idea as analyzed under Step 2A Prong One of the Subject Matter Eligibility Test. This judicial exception is not integrated into a practical application as analyzed under Step 2A Prong Two. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception as analyzed under Step 2B.
Regarding claim 1, the majority of the claim is directed to computer-implemented data receiving or processing steps which are considered to be mathematical concepts or mental processes. Specifically, the claim recites steps such as detecting electric power, recording charging profiles, constructing models, generating profiles, and determining parameters, which involve data manipulation and analysis that can be performed mentally or with mathematical calculations.
The only additional elements are “a battery”, “charging, by a charger, the battery and recording a first charging profile of the battery in real time” and “a processor”. The battery, charger, processor, and charging the battery are recited at such a high level of generality that they represent no more than mere instructions to apply the judicial exception in a particular field of use (e.g., battery management). To the degree that recording a first charging profile of the battery in real time and detecting the electric power of the battery are considered additional elements, they are considered to represent mere data gathering necessary for the use of the recited judicial exception. The processor is recited at such a high level of generality that it represents no more than mere instructions to apply the judicial exceptions on a computer. These limitations therefore are insignificant extra-solution activity and even when viewed as a whole and in combination do not amount to significantly more than the judicial exception or integrate the judicial exception into a practical application.
The claim does not include additional elements that are sufficient to integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The additional elements, when analyzed individually and in combination, do not improve the functioning of a computer or any other technology or technical field, nor do they apply the judicial exception with a particular machine. The claim is directed to the use of conventional or generic technology in an extra-solution manner.
Independent claims 19 and 20 recite similar subject matter to claim 1 and are rejected for substantially the same reasons. Claim 19 recites a non-transitory computer-readable storage medium with instructions executable by a processor, which further abstracts the process without adding meaningful limitations. Claim 20 recites a processor and a memory, with the memory recited at such a high level of generality that it represents no more than instructions to apply the judicial exception on a computer. These elements do not integrate the abstract idea into a practical application or amount to significantly more than the judicial exception, paralleling the analysis for claim 1.
Furthermore, all of the dependent claims are rejected as the same reasons above.
Conclusion
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/TUNG X NGUYEN/Primary Examiner, Art Unit 2858 3/11/2026