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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“A learning unit” in claim(s) 13-18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 13-18 is/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.
With respect to Claim(s) 13, the limitation states “A learning unit that is applied to a secondary battery state detection device for estimating an SOH indicating a degree of deterioration of a secondary battery”. It is unclear what the corresponding structure for the “learning unit”. It is unclear if this is software, non-transitory computer readable medium, a device, system, method, etc. For examination purposes, Examiner will assume the claimed invention is software. Please see the non-statutory subject matter rejections below.
Claim(s) 14-18 is/are rejected as for being dependent on the above rejected parent claim(s).
Claim limitation “A learning unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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) 13-18 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim(s) are directed towards “A learning unit” (e.g., software).
The claim(s) should be amended to read
‘A non-transitory computer readable media having instructions stored thereon that, when executed by a processor, cause the processor to: …’.
Claim(s) 1-26 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) 1 recites
estimates an SOH indicating a degree of deterioration of a secondary battery,
the secondary battery state detection device comprising:
detects information indicating a battery state of the secondary battery;
learns an SOH estimation model for estimating the SOH;
stores the SOH estimation model;
calculates the SOH using information indicating the battery state of the secondary battery detected by the detection unit and the SOH estimation model stored in the storage unit;
and
outputs an estimation result of the SOH acquired by the calculation unit,
wherein:
SOH information and information indicating the battery state having a correlation with the SOH higher than a predetermined correlation among the information indicating the battery state of the secondary battery are defined as learning data;
the SOH information is defined as output;
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is defined as input;
the SOH estimation model learned by the learning unit is built by synthesizing a regression model using a variance-covariance matrix;
and
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is
a reactance component of a complex impedance calculated based on an alternating current of a specific frequency that has a correlation with the SOH of the secondary battery higher than a predetermined correlation, the specific frequency, SOC, and temperature, or charging time, voltage, and temperature between predetermined voltages when charging the secondary battery, or an interruption time interval, voltage, and temperature in a predetermined interruption time after charging the secondary battery
[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)].
Independent Claim(s) 13 recites
estimating an SOH indicating a degree of deterioration of a secondary battery,
and that
builds an SOH estimation model for estimating the SOH, SOH information and information indicating the battery state having a correlation with the SOH higher than a predetermined correlation among the information indicating the battery state of the secondary battery are defined as learning data;
the SOH information is defined as output;
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is defined as input;
the learning unit builds the SOH estimation model by synthesizing a regression model using a variance-covariance matrix;
and
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is
a reactance component of a complex impedance calculated based on an alternating current of a specific frequency that has a correlation with the SOH of the secondary battery higher than a predetermined correlation, the specific frequency, SOC, and temperature, or charging time, voltage, and temperature between predetermined voltages when charging the secondary battery, or an interruption time interval, voltage, and temperature in a predetermined interruption time after charging the secondary battery
[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)].
Independent Claim(s) 19 recites
A secondary battery state detection method
for
estimating a SOH indicating a degree of deterioration of a secondary battery,
comprising:
a first step of
acquiring SOH information of the secondary battery;
a second step of
acquiring information indicating a battery state of the secondary battery,
and
acquiring information indicating the battery state having a correlation with the SOH higher than a predetermined correlation among the information indicating the battery state of the secondary battery;
a third step of
building a SOH estimation model by synthesizing a regression model using a variance-covariance matrix, in which the SOH information acquired in the first step is defined as an output,
and
the information indicating the battery state that has the correlation with the SOH higher than the predetermined correlation acquired in the second step is defined as an input;
a fourth step of
estimating the SOH of the secondary battery by inputting information indicating a current battery state of the secondary battery into the SOH estimation model built in the third step;
and
in the second step,
as the information indicating the battery state that has the correlation higher than the predetermined correlation,
a reactance component of a complex impedance calculated based on an alternating current of a specific frequency that has a correlation with the SOH of the secondary battery higher than a predetermined correlation, the specific frequency, SOC, and temperature, or charging time, voltage, and temperature between predetermined voltages when charging the secondary battery, or an interruption time interval, voltage, and temperature in a predetermined interruption time after charging the secondary battery is acquired
[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) 1, 13, 19, Claim(s) 2-12, 14-18, 20-26 recite(s)
in the variance-covariance matrix, the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is expressed using a kernel function.
when synthesizing the regression model using the variance-covariance matrix,
in a case where
a time interval exists between when the information indicating the battery state having the correlated with the SOH higher than the predetermined correlation was acquired last time and when the information indicating the battery state having the correlated with the SOH higher than the predetermined correlation is acquired a present time,
the learning unit
interpolates between the information indicating the battery state having the correlated with the SOH higher than the predetermined correlation acquired last time and the information indicating the battery state having the correlated with the SOH higher than the predetermined correlation acquired the present time, using the information indicating the battery state having the correlated with the SOH higher than the predetermined correlation already acquired; and the learning unit uses data after interpolation as the input.
the SOH information is
a battery capacity or a resistance of the secondary battery measured based on current.
the detection unit
acquires, as information indicating the battery state of the secondary battery, a reactance component of a complex impedance calculated based on temperature and SOC of the secondary battery and an alternating current of a specific frequency that has a correlation with the SOC higher than a predetermined correlation;
the calculation unit
converts the reactance component into a calculation value corresponding to a predetermined temperature and a predetermined SOC based on the temperature and the SOC of the secondary battery when the reactance component is acquired;
and
the calculation unit
calculates the SOH based on the calculation value and the SOH estimation model.
the calculation unit
converts into the calculation value based on a linear model of the reactance component at each frequency of the secondary battery acquired in advance, and the temperature and the SOC of the secondary battery.
the detection unit, the learning unit, the storage unit, the calculation unit, and the output unit are each independently configured.
the learning unit
updates the SOH estimation model stored in the storage unit.
the learning unit uses information indicating the battery state of the secondary battery acquired by the detection unit when the secondary battery is actually used as the learning data for updating the SOH estimation model.
a battery control parameter of the secondary battery is updated based on an estimation result of the SOH output from the calculation unit
[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. A secondary battery state detection device that; a detection unit that; a learning unit that; a storage unit that; a calculation unit that; an output unit that; A learning unit that is applied to a secondary battery state detection device for; at least a part of units other than the learning unit is mounted on a vehicle; and the learning unit is provided outside the vehicle; at least one of a circuit and a processor having a memory storing computer program code, wherein: the at least one of the circuit and the processor having the memory is configured to cause the secondary battery state detection device to provide at least one of: the detection unit; the learning unit; the calculation unit; and the output unit.);
Adding insignificant extra-solution activity to the judicial exception (see MPEP § 2106.05(g)) (i.e. generic computer functions to facilitate the abstract idea (e.g., generic data acquisition, output, storage, etc.); or
Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP § 2106.05(h)) (i.e. a secondary battery; at least a part of units other than the learning unit is mounted on a vehicle; and the learning unit is provided outside the vehicle).
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)).
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:
OYAMA ET AL. (US 20210382114 A1) teaches ‘A battery diagnosis apparatus and a battery diagnosis method for accurately diagnosing a secondary battery are proposed. A pulse current generator, a voltage measuring instrument that measures a voltage response to application of a current pulse, a first data processing device that obtains a chronopotentiogram (CP) indicating a change in the voltage response over time and normalizes the CP, a database that saves normalized data, and a second data processing device that uses a correlation between the saved data and a battery state expressing factor prepared in advance to make a battery diagnosis are used. Desirably, the current pulse is a current in the same direction at the time of data obtainment and at the time of a diagnosis. Further, a noise filter for an input signal of the CP and resampling means for reducing the number of pieces of data input to the first data processing device are provided.’;
KATAOKA ET AL. (US 20210123980 A1) teaches ‘A parameter estimation device includes: a voltage acquisition unit; a current acquisition unit; a parameter estimation unit; an internal resistance deriving unit; and a determination unit configured to determine, on the basis of a result of comparison between the internal resistance estimated by the parameter estimation unit and the internal resistance derived by the internal resistance deriving unit, whether or not to replace parameters of the secondary battery with the plurality of parameters estimated by the parameter estimation unit.’;
SADA ET AL. (US 20210021000 A1) teaches ‘A deterioration diagnosis unit of an arithmetic unit constituting a remaining performance evaluation system diagnoses the deterioration degree of a secondary battery that has already been used for primary use based on an actual measurement value. The deterioration speed update unit updates the deterioration speed of the secondary battery based on the diagnosis result of the secondary battery. The remaining performance estimation unit estimates the remaining performance of the secondary battery 5 after the start of secondary use based on the updated deterioration speed and a usage method at the time of the secondary use of the secondary battery.’;
IWANE ET AL. (US 20100045298 A1) teaches ‘method for detecting SOC and SOH of a storage battery includes: calculating an SOC value of the storage battery with use of an SOC calculation unit based on a measured voltage value or a measured current value of the storage battery and calculating an SOH value of the storage battery with use of an SOH calculation unit based on the SOC value; further calculating a new SOC value with use of the SOC calculation unit based on the SOH value and calculating a new SOH value with use of the SOH calculation unit based on the new SOC value, these further calculations of SOC value and SOH value being repeated a prescribed n times of at least one so as to obtain an nth calculated SOC value and an nth calculated SOH value; outputting the nth calculated SOH value as an SOH output value and outputting the nth calculated SOH value as an SOC output value; and storing the SOH output value into a memory.’.
None of the cited prior art alone or in combination provides motivation to explicitly teach:
A secondary battery state detection device
that
estimates an SOH indicating a degree of deterioration of a secondary battery,
the secondary battery state detection device comprising:
a detection unit
that
detects information indicating a battery state of the secondary battery;
a learning unit
that
learns an SOH estimation model for estimating the SOH;
a storage unit
that
stores the SOH estimation model;
a calculation unit
that
calculates the SOH using information indicating the battery state of the secondary battery detected by the detection unit and the SOH estimation model stored in the storage unit;
and
an output unit
that
outputs an estimation result of the SOH acquired by the calculation unit,
wherein:
SOH information and information indicating the battery state having a correlation with the SOH higher than a predetermined correlation among the information indicating the battery state of the secondary battery are defined as learning data;
the SOH information is defined as output;
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is defined as input;
the SOH estimation model learned by the learning unit is built by synthesizing a regression model using a variance-covariance matrix;
and
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is
a reactance component of a complex impedance calculated based on an alternating current of a specific frequency that has a correlation with the SOH of the secondary battery higher than a predetermined correlation, the specific frequency, SOC, and temperature,
or
charging time, voltage, and temperature between predetermined voltages when charging the secondary battery,
or
an interruption time interval, voltage, and temperature in a predetermined interruption time after charging the secondary battery
of claim(s) 1 (including dependent claim(s));
A learning unit
that is applied to
a secondary battery state detection device
for
estimating an SOH indicating a degree of deterioration of a secondary battery,
and that
builds an SOH estimation model for estimating the SOH,
SOH information and information indicating the battery state having a correlation with the SOH higher than a predetermined correlation among the information indicating the battery state of the secondary battery are defined as learning data;
the SOH information is defined as output;
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is defined as input;
the learning unit builds the SOH estimation model by synthesizing a regression model using a variance-covariance matrix;
and
the information indicating the battery state having the correlation with the SOH higher than the predetermined correlation is
a reactance component of a complex impedance calculated based on an alternating current of a specific frequency that has a correlation with the SOH of the secondary battery higher than a predetermined correlation, the specific frequency, SOC, and temperature,
or
charging time, voltage, and temperature between predetermined voltages when charging the secondary battery,
or
an interruption time interval, voltage, and temperature in a predetermined interruption time after charging the secondary battery
of claim(s) 13 (including dependent claim(s));
A secondary battery state detection method
for
estimating a SOH indicating a degree of deterioration of a secondary battery,
comprising:
a first step of
acquiring SOH information of the secondary battery;
a second step of
acquiring information indicating a battery state of the secondary battery,
and
acquiring information indicating the battery state having a correlation with the SOH higher than a predetermined correlation among the information indicating the battery state of the secondary battery;
a third step of
building a SOH estimation model by synthesizing a regression model using a variance-covariance matrix, in which the SOH information acquired in the first step is defined as an output,
and
the information indicating the battery state that has the correlation with the SOH higher than the predetermined correlation acquired in the second step is defined as an input;
a fourth step of
estimating the SOH of the secondary battery by inputting information indicating a current battery state of the secondary battery into the SOH estimation model built in the third step;
and
in the second step,
as the information indicating the battery state that has the correlation higher than the predetermined correlation,
a reactance component of a complex impedance calculated based on an alternating current of a specific frequency that has a correlation with the SOH of the secondary battery higher than a predetermined correlation, the specific frequency, SOC, and temperature,
or
charging time, voltage, and temperature between predetermined voltages when charging the secondary battery,
or
an interruption time interval, voltage, and temperature in a predetermined interruption time after charging the secondary battery is acquired
of claim(s) 19 (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