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 .
Status of Claims
This Office action is in response to the application filed on November 25, 2024. Claims 1-5 are currently pending.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application JP2023-213087, filed on December 18, 2023. Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to the declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR.154(b) and 41.202(e). Failure to provide a certified translation may result in no benefit being accorded for the non-English application. No action by the applicant is required at this time.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 25, 2024, is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show reference numbers 101 for a battery, as described in Paragraph [0030] of the specification; reference number 22 for SMR, as described in Paragraph [0032] of the specification; and reference number 35 for a communication unit, as described in Paragraph [0034] of the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 limitations 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 limitations are:
“an electrified vehicle configured to perform battery replacement …” in Claims 1 and 5.
“the battery is configured to notify a user …” in Claims 2 and 3.
“the battery is configured to … determine whether the battery information changed …” in Claim 4.
“the battery is configured to … transmit the battery information …” in Claim 4.
“a communication unit …” in Claim 5.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof:
Regarding the limitation of “an electrified vehicle configured to perform battery replacement …”, the vehicle itself is unable to perform the function of performing a battery replacement. However, the instant specification at Paragraph [0041] at least states that “the battery replacement device 300 includes a battery replacement main body 300a in which battery replacement is performed … and the battery replacement device main body 300a is an apparatus that performs battery replacement for replacing the battery 30 mounted on the vehicle …”. The structure for this limitation is a device capable of performing battery replacement for an electrified vehicle.
Regarding the limitation of “the battery is configured to notify a user …”, the battery itself is unable to perform the function of notifying a user. However, the instant specification at Paragraphs [0022], [0072] at least states that “The vehicle ECU 11 records information on an electrified vehicle … is configured to communicate with each of the communication device 12, the HMI device 13, the SMR 14, the drive device 15, and the battery ECU 31 via a communication unit 35 … The vehicle ECU 11 controls the drive device 15 based on the battery data acquired from the battery 30 …” and “the vehicle ECU 11 may display the battery information received from the battery ECU 31 on HMI device 13 and notify the user of the electrified vehicle 100 of the battery information …”. The structure for this limitation is a battery sends information to the vehicle ECU, which provides the information to a display for notifying the user.
Regarding the limitation of “the battery is configured to … determine whether the battery information changed …”, the battery itself is unable to perform the function of “determining”. However, the instant specification at Paragraphs [0031], [0043], [0069] at least state that “The battery 30 includes a battery ECU 31, a power storage module 32, a communication device 33, a SMR 34, and a terminal 19B … the battery ECU 31 records information on a battery 30 … and is formed so as to be able to comminate with each of the vehicle ECU 11 and SMR 22 …” and “the battery ECU 31 acquires the vehicle characteristic information corresponding to the vehicle identification information of electrified vehicle 100 on which the battery 30 is mounted …” and “the battery ECU 31 acquires battery information in which the value is changed from the battery characteristic information …”. The structure for this limitation is an electronic control unit for the battery, or a computer equivalent, which receives and records the battery information and transmits it to the vehicle ECU.
Regarding the limitation of “the battery is configured to … transmit the battery information …”, the battery itself is unable to perform the function of “transmitting the battery characteristic …”. However, the instant specification at Paragraphs [0044], [0050] at least states that “the battery ECU 31 generates battery information to be transmitted to the electrified vehicle 1000 by using the battery characteristic information and the vehicle characteristic information …” and “the battery ECU 31 transmits the battery-specific information and the vehicle identification information to the server 200 through the communication device 33 …”. The structure for this limitation is an electronic control unit for the battery, or a computer equivalent, which receives and records the battery information and transmits it to the vehicle ECU.
Regarding the limitation of “a communication unit …”, the instant specification at Paragraph [0022] at least states that “The vehicle ECU 11 is configured to communicate with each of the communication device 12, HMI device 13, SMR 14, the drive device 15, and the battery ECU 31 via a communication unit 35, which will be described later, by, for example, CAN (Controller Area Network) communication …”. The structure for this limitation is a communication system capable of transmitting signals between the ECUs.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The claimed invention is directed to an abstract idea without significantly more. The claims recite an abstract idea, such as determining battery information, which can be performed mentally and observed visually. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claims only require determining if the battery characteristics are changed. A person can look at a battery indicator or display to determine the battery characteristics, such as state of charge, and a person can mentally determine the characteristics of the battery based on historical knowledge of range for driving the vehicle, previous trips, or by observing the current environmental conditions around the vehicle to estimate how far the vehicle can travel.
101 Analysis – Step 1
Claim 1 is directed to a battery management system (i.e. a process) and Claim 5 is directed to a battery (i.e. a machine). Therefore, Claims 1 and 5 are within at least one of the four statutory categories. Claims 2-4 are rejected due to their dependency on Claim 1.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of a) an abstract idea, b) a law of nature, or c) a natural phenomenon.
In the present case, the additional limitations beyond the noted abstract ideas are as follows (where the bolded portions represent an “abstract idea”; and where the underlined portions are the “additional limitations”):
Claim 1 recites the following:
A battery replacement system comprising:
an electrified vehicle configured to perform battery replacement;
a battery to be mounted on the electrified vehicle; and
a control device, wherein the control device is configured to store vehicle characteristic information indicating a characteristic of the electrified vehicle at a time of driving the electrified vehicle in association with battery identification information of the battery, battery characteristic information indicating a characteristic of the battery, and vehicle identification information of the electrified vehicle, and
the control device is configured to generate battery information based on the battery characteristic information and the vehicle characteristic information associated with the vehicle identification information when the battery is mounted on the electrified vehicle, and
transmit the battery information to the electrified vehicle.
Regarding the limitation of “generate battery information …” the Examiner submits that these limitations consist of an abstract idea. These limitations recite using a computer to determine a state of charge of a battery based on the slope of the voltage curve, which comprises a mathematical concept. A person can look at a battery indicator to determine the battery characteristics, such as state of charge to estimate how far the vehicle can travel.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
For the following reason(s), the Examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application. Regarding the additional limitations of “a control device …”, the Examiner submits that this limitation uses a generic computer (a control device) to perform the functions of the claims.
For the following reason(s), the Examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application. Regarding the additional limitations of “transmit …”, the Examiner submits that this limitation consists of mere data gathering, which is a form of insignificant extra-solution activity, which uses a generic computer to perform the process.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, implement/ use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, or 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 not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitations does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent Claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above, the additional limitations of “transmit …”, the Examiner submits that this limitation consists of data gathering, which is a form of insignificant post-solution activity. Hence, the claim is not patent eligible.
Dependent Claims 2-4 do not recite any further limitations that cause the claims to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application, because the claims involve determining if a battery level has changed and notifying the user. Therefore, dependent Claims 2-4 are not patent eligible under the same rationale as provided for in the rejection of Claim 1.
Elements of Paragraph [0046] of the instant specification, for example, including limitations regarding controlling the vehicle, such as “performing vehicle control based on the acquired battery data …” would appear to overcome the current 35 U.S.C. 101 rejection.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication No. 2018/0222343 A1, to Uchida, et al (hereinafter referred to as Uchida).
As per Claim 1, Uchida discloses the features of a battery replacement system (e.g. Paragraph [0011]; where a battery replacement system is configured to assist replacement of a battery mounted in a vehicle) comprising:
an electrified vehicle (e.g. Paragraphs [0049], [0102]; where the vehicle can be a hybrid vehicle, an electric vehicle, and a fuel cell vehicle) configured to
perform battery replacement (e.g. Paragraphs [0011], [0064]; where a battery replacement system is configured to assist replacement of a battery mounted in a vehicle; and where the system can determine if a battery replacement is necessary);
a battery to be mounted on the electrified vehicle (e.g. Paragraph [0011]; where the battery is mounted in a vehicle); and
a control device (e.g. Paragraphs [0060]-[0061]; where the vehicle (1) includes an electronic control unit (ECU, 100)), wherein
the control device is configured to store vehicle characteristic information (e.g. Paragraphs [0060]-[0062], [0131]-[0134]; where the vehicle (1) includes an electronic control unit (ECU, 100), which is configured to include a CPU (Central Processing Unit), a memory, and can control each of the devices in the vehicle (1); and where the controller stores battery values)
indicating a characteristic of the electrified vehicle at a time of driving the electrified vehicle (e.g. Paragraphs [0142], [0150]; where the vehicle determines the state of charge (SOC) for a vehicle when traveling) in association with
battery identification information of the battery (e.g. Paragraphs [0062], [0072]-[0073]; where the vehicle ECU (100) transmits identification information (vehicle ID) including a type of vehicle (1), and information (deterioration information) about a state of deterioration of the battery pack (10), and identification information (battery ID) about the battery pack (10) mounted in the vehicle (1)),
battery characteristic information indicating a characteristic of the battery (e.g. Paragraphs [0062], [0072]-[0073]; where the vehicle ECU (100) transmits identification information (vehicle ID) including a type of vehicle (1), and information (deterioration information) about a state of deterioration of the battery pack (10)), and
vehicle identification information of the electrified vehicle (e.g. Paragraphs [0062], [0072]-[0073]; where the vehicle ECU (100) transmits identification information (vehicle ID) including a type of vehicle (1), and information (deterioration information) about a state of deterioration of the battery pack (10)), and the control device is configured to
generate battery information based on the battery characteristic information and the vehicle characteristic information associated with the vehicle identification information when the battery is mounted on the electrified vehicle (e.g. Paragraph [0062], [0072]-[0073]; where the vehicle ECU (100) monitors the voltage, current, and temperature of the battery pack (10); and where the terminal acquires, from the ECU (100), vehicle ID and battery ID information about the battery pack (10) mounted on the vehicle (i.e. gathers battery information)), and
transmit the battery information to the electrified vehicle (e.g. Paragraphs [0062], [0072]; where the vehicle ECU (100) is configured to communicate with the server (3) via communication module (110), and the vehicle transmits identification information (vehicle ID) and information (deterioration information) about a state of deterioration of the battery pack (10)).
As per Claim 2, Uchida discloses the features of Claim 1, and Uchida further discloses the features of wherein the battery is configured to notify a user of the electrified vehicle about the battery information when the battery information is transmitted to the electrified vehicle (e.g. Paragraphs [0011], [0068], [0100]-[0101]; where the battery replacement system notifies the user of the replacement candidate battery determined by the server).
As per Claim 3, Uchida discloses the features of Claim 2, and Uchida further discloses the features of wherein the battery is configured to notify the user about the battery information by transmitting the battery information to at least one of a display device mounted on the electrified vehicle and a user terminal owned by the user (e.g. Paragraphs [0068], [0098]-[0099]; where the display (notifier) presents various types of information of the purpose of notification of the user.
As per Claim 4, Uchida discloses the features of Claim 1, and Uchida further discloses the features of wherein: the battery is configured to,
when the vehicle characteristic information associated with the electrified vehicle where the battery is mounted is stored in the control device, determine whether the battery information changed from the battery characteristic information needs to be generated based on the battery characteristic information and the vehicle characteristic information associated with the electrified vehicle (e.g. Paragraphs [0052], [0072]; where the battery is inspected for deterioration, and it is determined if the battery needs to be replaced (i.e. if the battery information changed); and where the terminal (4) acquires information about a time at which the user plans to change over from vehicle (1) to a different vehicle),
when a determination is made that the battery information changed from the battery characteristic information needs to be generated, generate the battery information based on the battery characteristic information and the vehicle characteristic information (e.g. Paragraph [0073]; where the presently used battery pack (10) is removed from the vehicle (i.e., change in battery information is detected), the ECU acquires deterioration information of the battery pack), and
transmit the generated battery information (e.g. Paragraph [0073]; where the deterioration information of the battery pack (10) is transmitted to the server (3)), and
when a determination is made that the battery information changed from the battery characteristic information does not need to be generated (e.g. Paragraphs [0062], [0081], [0087], [0098]; where the presently used battery pack (10) is new, or if the battery does not need to be replaced, the system displays the information and transmits the battery and vehicle information to the server), transmit the battery characteristic information as the battery information; and the battery is configured to,
when the vehicle characteristic information associated with the electrified vehicle where the battery is mounted is not stored in the control device, transmit the battery characteristic information as the battery information (e.g. Paragraphs [0065], [0073], [0106]-[0107]; where the battery information may be collected by removing a battery pack from a vehicle (1), and the information may be sent to the recycled battery pack database (320) for storage; and the ECU (100) acquires information about the state of deterioration of the battery pack (10) on the vehicle (1)).
As per Claim 5, Uchida discloses the features of a battery to be mounted on an electrified vehicle e.g. Paragraph [0011]; where the battery is mounted in a vehicle) configured to
perform battery replacement (e.g. Paragraphs [0011], [0064]; where a battery replacement system is configured to assist replacement of a battery mounted in a vehicle; and where the system can determine if a battery replacement is necessary), the battery comprising:
a control device (e.g. Paragraphs [0060]-[0061]; where the vehicle (1) includes an electronic control unit (ECU, 100)); and
a communication unit configured to communicate with the electrified vehicle (e.g. Paragraphs [0062], [0072]; where the vehicle ECU (100) is configured to communicate with the server (3) via communication module (110), wherein
the control device is configured to generate battery information based on vehicle characteristic information indicating a characteristic of the electrified vehicle at a time of driving the electrified vehicle (e.g. Paragraph [0062], [0072]-[0073]; where the vehicle ECU (100) monitors the voltage, current, and temperature of the battery pack (10); and where the terminal acquires, from the ECU (100), vehicle ID and battery ID information about the battery pack (10) mounted on the vehicle (i.e. gathers battery information)), and the communication unit is configured to
transmit the battery information to the electrified vehicle (e.g. Paragraphs [0062], [0072]; where the vehicle ECU (100) is configured to communicate with the server (3) via communication module (110), and the vehicle transmits identification information (vehicle ID) and information (deterioration information) about a state of deterioration of the battery pack (10)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Jingushi, et al (WO 2023/210369 A1), which teaches a method for determining and storing battery information for a vehicle.
Lee (U.S. 2024/0208363 A1), which teaches a method for power management of a vehicle battery and a swappable battery.
Newman, et al (U.S. 2017/0225662 A1), which teaches a method for replacing a vehicle battery.
Wu, et al (CN 115742751 A), which teaches a method for detecting the replacement of a vehicle battery and transmitting the new vehicle battery information.
Uchida (U.S. 2009/0040033 A1), which teaches a vehicle battery information system which provides degradation information to a user.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MERRITT E LEVY whose telephone number is (571)270-5595. The examiner can normally be reached Mon-Fri 0630-1600.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Helal Algahaim can be reached at (571) 270-5227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MERRITT E LEVY/Examiner, Art Unit 3666
/TIFFANY P YOUNG/Primary Examiner, Art Unit 3666