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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 19 December 2025 has been entered.
Status of the Claims
The amendment received on 19 December 2025 has been acknowledged and entered.
Claims 2, 4, 6 and 7 have been amended. Claims 1, 3, 5, and 8 have been canceled. New claim 9 has been added. Claims 1-8 are currently pending.
Response to Amendments and Arguments
Applicant’s arguments, see REMARKS, pages 7-8 of 11, filed 19 December 2025, with respect to the rejection(s) of claim(s) 1-8 under 35 U.S.C. 112(b)for having a single claim that claims the apparatus and method of the apparatus have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, a new ground is made in response to the recently submitted amendment as discussed below.
Applicant's arguments filed 19 December 2025 with respect to the rejection of claims 2, 4, 6, 7, and 9 under 35 U.S.C. 101 have been fully considered but they are not persuasive.
Applicant argues (in REMARKS, pages 8-9 of 11) that with regard to new claim 9, the Applicant submits that the subject matter of claim 9 is directed to patent-eligible subject matter for at least the following reasons…
New claim 9 recites the following:
An information processing system for a supply chain including a plurality of
companies that manufacture recycled batteries from used batteries, the
information processing system comprising...
a server apparatus including a processor and a memory storing program
instructions that cause the processor to
acquire data from each terminal, the data including company ID information of the respective company where the terminal is installed, past processing performance information indicating a yield of recycled material
generated by the respective company, a current load state indicating a ratio of
current throughput to maximum possible throughput at the respective company,
current inventory information indicating an amount of recycled material available
at the respective company, and an amount of the recycled material required, the
recycled material including
the used batteries required in the second process,
the black mass required in the third process,
the metal required in the fourth process, and
the active material required in the fourth process;
generate a combination of companies according to the acquired data in response to the designation of the used batteries for recycling in the first
process, the generated combination of companies including at least one first
company from among the one or more first companies, at least one second company from among the one or more second companies, at least one third company from among the one or more third companies, at least one fourth
company from among the one or more fourth companies, and at least one fifth
company from among the one or more fifth companies;
allocate a load to each company of the combination of companies, such that the load of is equal to or less than a respective predetermined load
The claim recites the additional elements of "acquir[ing] data from each terminal, the data including company ID information of the respective company where the terminal is installed, past processing performance information indicating a yield of recycled material generated by the respective company, a current load state indicating a ratio of current throughput to maximum possible throughput at the respective company, current inventory information indicating an amount of recycled material available at the respective company, and an amount of the recycled material required" and "generat[ing] a combination of companies according to the acquired data in response to the designation of the used batteries for recycling in the first process, the generated combination of companies including at least one first company from among the one or more first companies, at least one second company from among the one or more second companies, at least one third company from among the one or more third companies, at least one fourth company from among the one or more fourth companies, and at least one fifth company from among the one or more fifth companies"
The claim as a whole is directed to a particular improvement in allocating recycled material between companies engaged in specific processes within a supply chain for manufacturing recycled batteries. Specifically, the system collects data from the terminals installed at companies of the supply chain, the data including "company ID information of the respective company where the terminal is installed, past processing performance information indicating a yield of recycled material generated by the respective company, a current load state indicating a ratio of current throughput to maximum possible throughput at the respective company, current inventory information indicating an amount of recycled material available at the respective company, and an amount of the recycled material required", and subsequently allocates the quantity of recycled material to be delivered and schedules the delivery to improve the efficiency of the supply chain in processing the recycled materials and assembly of the recycled batteries. For at least the reasons discussed above, the subject matter of claim 9 provides a specific improvement over prior systems, resulting in improved overall recycling throughput. As such, the Applicant submits that the claim as a whole integrates any alleged judicial exception into a practical application and is thus directed to patent eligible subject matter.
In response to Applicant’s argument, the Examiner respectfully disagrees and notes that first, “a particular improvement in allocating recycled material between companies engaged in specific processes within a supply chain for manufacturing recycled batteries” appears to be a business solution to a business problem by use of the computer components as tools to implement the abstract idea, and not a technical improvement to a technical problem in which the overall performance of the computer components (i.e. “an information processing system,” “a plurality of terminals,” “a display,” “a memory,” “ a server apparatus,” “a processor,” “terminal(s)) are improved. Therefore, the claims as currently amended recite an abstract idea and do not provide an integration of the abstract idea into practical application. The Examiner suggest that Applicant establishes a clear nexus between the claim language and the improvement to technology where both the claims and the specification support the asserted technical improvement.
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 2, 4, 6, 7, and 9 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.
As per claim 2, the Examiner is unable to determine from the claim language of the “user terminal” line 3, and “the terminals” in line 16, if the “user terminal” and “the terminals” are referring to “a plurality of terminals” and/or “each terminal” in claim 9. Appropriate correction is required.
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 2, 4, 6, 7, and 9 are rejected under 35 U.S.C. 101 because the claimed invention recites an abstract idea without significantly more.
Step 1
Claims 2, 4, 6, 7, and 9 are drawn to an information processing system (i.e. machine). Therefore, Claims 2, 4, 6, 7, and 9 are within the four statutory categories.
Step 2A Prong 1
Independent Claim 9 substantially recites:
wherein the companies of the supply chain include one or more first companies where a first process including
(i) determining whether a degree of degradation of the used batteries is equal to or greater than a threshold, and
(ii) designating the used batteries for recycling if the degree of degradation is greater than the threshold is performed,
one or more second companies where a second process including
(i) crushing the used batteries designated for recycling, and
(ii) extracting a black mass from the crushed used batteries is performed,
one or more third companies where a third process including
refining metal from the extracted black mass is performed,
one or more fourth companies where a fourth process including
producing active material from the refined metal is performed, and
one or more fifth companies where a fifth process including
manufacturing the recycled batteries using the active material is performed; and
acquire data including company ID information of the respective company, past processing performance information indicating a yield of recycled material generated by the respective company, a current load state indicating a ratio of current throughput to maximum possible throughput at the respective company, current inventory information indicating an amount of recycled material available at the respective company, and an amount of the recycled material required, the recycled material including the used batteries required in the second process, the black mass required in the third process, the metal required in the fourth process, and the active material required in the fourth process;
generate a combination of companies according to the acquired data in response to the designation of the used batteries for recycling in the first process, the generated combination of companies including at least one first company from among the one or more first companies, at least one second company from among the one or more second companies, at least one third company from among the one or more third companies, at least one fourth company from among the one or more fourth companies, and at least one fifth company from among the one or more fifth companies;
allocate a load to each company of the combination of companies, such that the load of is equal to or less than a respective predetermined load; and
transmit information including the allocated load to the respective companies of the generated combination of companies, wherein the information received by a second company of the generated combination of companies includes a first delivery timing and a first delivery amount of the used batteries designated for recycling, the information received by a third company of the generated combination of companies includes a second delivery timing and a second delivery amount of the extracted black mass, the information received by a fourth company of the generated combination of companies includes a third delivery timing and a third delivery amount of the refined metals, and the information received by a fifth company of the generated combination of companies includes a fourth delivery timing and a fourth delivery amount of the active material.
Independent claim 9 as a whole recites certain methods of organizing human activity. The limitations of:
wherein the companies of the supply chain include one or more first companies where a first process including
(i) determining whether a degree of degradation of the used batteries is equal to or greater than a threshold, and
(ii) designating the used batteries for recycling if the degree of degradation is greater than the threshold is performed,
one or more second companies where a second process including
(i) crushing the used batteries designated for recycling, and
(ii) extracting a black mass from the crushed used batteries is performed,
one or more third companies where a third process including
refining metal from the extracted black mass is performed,
one or more fourth companies where a fourth process including
producing active material from the refined metal is performed, and
one or more fifth companies where a fifth process including
manufacturing the recycled batteries using the active material is performed; and
acquire data including company ID information of the respective company, past processing performance information indicating a yield of recycled material generated by the respective company, a current load state indicating a ratio of current throughput to maximum possible throughput at the respective company, current inventory information indicating an amount of recycled material available at the respective company, and an amount of the recycled material required, the recycled material including the used batteries required in the second process, the black mass required in the third process, the metal required in the fourth process, and the active material required in the fourth process;
generate a combination of companies according to the acquired data in response to the designation of the used batteries for recycling in the first process, the generated combination of companies including at least one first company from among the one or more first companies, at least one second company from among the one or more second companies, at least one third company from among the one or more third companies, at least one fourth company from among the one or more fourth companies, and at least one fifth company from among the one or more fifth companies;
allocate a load to each company of the combination of companies, such that the load of is equal to or less than a respective predetermined load; and
transmit information including the allocated load to the respective companies of the generated combination of companies, wherein the information received by a second company of the generated combination of companies includes a first delivery timing and a first delivery amount of the used batteries designated for recycling, the information received by a third company of the generated combination of companies includes a second delivery timing and a second delivery amount of the extracted black mass, the information received by a fourth company of the generated combination of companies includes a third delivery timing and a third delivery amount of the refined metals, and the information received by a fifth company of the generated combination of companies includes a fourth delivery timing and a fourth delivery amount of the active material, are processes that, under their broadest reasonable interpretation, covers performance of the limitation by Managing Personal Behavior or Relationships or Interactions Between People (which includes social activities, teaching, and following rules or instructions) and/or Commercial Interactions (which includes agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, and business relations). That is, nothing in the claims preclude the steps from practically being performed by Managing Personal Behavior or Relationships or Interactions Between People and/or Commercial Interactions.
Step 2A Prong 2
This judicial exception is not integrated into a practical application. In particular, claim 9 recites the additional elements: “an information processing system,” “a plurality of terminals,” “a display,” “a memory,” “ a server apparatus,” “a processor,” “program instructions,” “a first terminal,” “a second terminal,” “a third terminal,” “a fourth terminal” to perform the “determining,” “designating,” “acquire,” “generate,” “allocate,” and “transmit” steps are recited at a high-level of generality and are merely invoked as a tool to perform the abstract idea (i.e., “an information processing system,” “a plurality of terminals,” “a display,” “a memory,” “ a server apparatus,” “a processor,” “program instructions,” “a first terminal,” “a second terminal,” “a third terminal,” “a fourth terminal” to perform the “acquire,” “generate,” “allocate,” and “transmit” steps. Further, in regards to the “server apparatus/processor”, performing the “acquire,” “generate,” “transmit” steps
Further, in regards to the “server apparatus/processor”, the “acquire,” “generate,” and “transmit” limitations are just more mere data gathering, and also are characterized as transmitting or receiving data over a network; and insignificant post-solution activity and are also recited at a high level or generality, and merely automates the “acquire,” “generate,” and “transmit” steps. The combination of these additional elements is no more than mere instructions to apply the exception using a generic computer component. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
Step 2B
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to Integration of the abstract idea into a practical application, the additional element of using “an information processing system,” “a plurality of terminals,” “a display,” “a memory,” “ a server apparatus,” “a processor,” “program instructions,” “a first terminal,” “a second terminal,” “a third terminal,” “a fourth terminal” to perform the “acquire,” “generate,” “allocate,” and “transmit” steps amount to no more than mere instructions to apply the exception using a generic computer component as described in para ([0026],[0035]-[0036]). For these reasons, there is no inventive concept. Thus, even when viewed as a. whole, nothing in the claims add significantly more (i.e. inventive concept) to the abstract idea. The claims are ineligible.
As per dependent Claim 2, the recitations of “generate a plurality of combinations of companies, and transmit the generated plurality of combinations…”; “output the generated plurality of combinations of companies…”; “transmit a selected combination of companies selected…”; “transmits the information to the respective companies of the selected combination of companies” are further directed to a method of organizing human activity as described in claims 9. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea. Further, the recitations, “a user terminal” and “a user display” are other computer components recited at a high-level of generality and are merely invoked as a tool to perform the abstract idea. Similar to claim 9, the recitation does not provide a practical application of the abstract idea, or significantly more than the abstract idea.
As per dependent Claim 4, the recitation of “generate the combination of companies such that at least one of a cost, a carbon dioxide emission amount, and a rate of the recycled material in a product is within a predetermined range…” is further directed to a method of organizing human activity as described in claims 1. Therefore, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
As per dependent claims 6 and 7, the limitation merely narrow the previously recited abstract idea limitations. Dependent claim 6 recites the cost is an amount of money required to process the recycled material per unit mass. Dependent claim 7 recites the carbon dioxide emission amount is an amount of carbon dioxide emitted during the processing of the recycled material per unit mass. For the reasons described above with respect to claims 5, 6, and 7, this judicial exception is not meaningfully integrated into a practical application, or significantly more than the abstract idea.
Dependent Claims 2, 4, and 6-7 have been given the full two part analysis including analyzing the additional limitations both individually and in combination. Dependent Claims 2, 4, and 6-7, when analyzed individually, and in combination, are also held to be patent ineligible under 35 U.S.C. 101. The dependent claims fail to establish that the claims do not recite an abstract idea because the additional recited limitations of the dependent claims merely further narrow the abstract idea of the independent claims. The dependent claims recite no additional elements that would integrate the judicial exception into a practical application or amount to significantly more than the judicial exception. Simply implementing the abstract idea on generic computer components is not a practical application of the judicial exception and does not amount to significantly more than the judicial exception. The claims are not patent eligible.
Prior Art Discussion
As per independent claim 9, the closest prior art of record, Raj et al. (US PG Pub. 2023/0067755 A1) in view of Schmeling et al. (US PG Pub. 2019/0180291 A1) and Takahashi et al. (US PG Pub. 20130076363 A1) taken individually or in combination with other prior art, fails to render obvious the specific combination of the various elements in the instant claims, including:
acquire data from each terminal, the data including company ID information of the respective company where the terminal is installed, past processing performance information indicating a yield of recycled material generated by the respective company, a current load state indicating a ratio of current throughput to maximum possible throughput at the respective company, current inventory information indicating an amount of recycled material available at the respective company, and an amount of the recycled material required, the recycled material including the used batteries required in the second process, the black mass required in the third process, the metal required in the fourth process, and the active material required in the fourth process;
generate a combination of companies according to the acquired data in response to the designation of the used batteries for recycling in the first process, the generated combination of companies including at least one first company from among the one or more first companies, at least one second company from among the one or more second companies, at least one third company from among the one or more third companies, at least one fourth company from among the one or more fourth companies, and at least one fifth company from among the one or more fifth companies;
allocate a load to each company of the combination of companies, such that the load of is equal to or less than a respective predetermined load; and
transmit information including the allocated load to the terminals installed at the respective companies of the generated combination of companies, wherein the information received by a first terminal of the plurality of terminals installed at a second company of the generated combination of companies includes a first delivery timing and a first delivery amount of the used batteries designated for recycling, the information received by a second terminal of the plurality of terminals installed at a third company of the generated combination of companies includes a second delivery timing and a second delivery amount of the extracted black mass, the information received by a third terminal of the plurality of terminals installed at a fourth company of the generated combination of companies includes a third delivery timing and a third delivery amount of the refined metals, and the information received by a fourth terminal of the plurality of terminals installed at a fifth company of the generated combination of companies includes a fourth delivery timing and a fourth delivery amount of the active material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Mishra et al. (WO 2024256163 A1) discloses apparatuses and methods for determining the feed of a product or a part thereof to a recycling step of a recycling process
2) “Ascend Elements and EcoPro Group Collaborate to Supply Recycled Battery Materials to North American EV Industry”, October 12, 2022, ascendelements.com, 6 pages.
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/F.A.N/Examiner, Art Unit 3628
/DANIEL VETTER/Primary Examiner, Art Unit 3628