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 .
The amendment filed on May 26, 2026 have been considered.
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 1-13, 15-18, 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.
Claims 1, 18, and 20, “generating a distribution profile indicating a correspondence relationship between the plurality of calculated target values and a number of the plurality of batteries that correspond to each of the plurality of target values” is not described in the original disclosure. For instance, the original specification discloses “generate a distribution profile indicating a correspondence relationship between a plurality of calculated target values and the number of each of the plurality of target values” (paragraph 0008, lines 5-7). However, paragraph 0008 does not disclose generating a distribution profile indicating a correspondence relationship between the plurality of calculated target values and a number of the plurality of batteries that correspond to each of the plurality of target values
Prior Art Note
Claims 1-13, 15-18, and 20 do not have prior art rejections.:
The combination as claimed wherein a battery managing apparatus and method comprising generating a distribution profile indicating a correspondence relationship between the plurality of calculated target values and a number of the plurality of batteries that correspond to each of the plurality of calculated target values (claims 1, 18, 20) is not disclosed, suggested, or made obvious by the prior art of record.
Response to Arguments
Applicant's arguments filed on May 26, 2026 have been fully considered.
With respect to the rejection of under 35 USC 112(a), Applicants argue “[a]s described in the instant specification, aspects therein are directed to "a technology capable of diagnosing the state of a degradation imbalance among a plurality of batteries included in a battery pack" (paragraph [0053] of the publication of the instant application US 2025/0231242 (hereinafter referred to as the ""242 publication"). Specifically, aspects therein relate to generating a profile indicating the distribution of a plurality of target values for each of the plurality of batteries (see, e.g., paragraph [0073] of the '242 publication). That is, each target value may be used as "an indicator indicating the degradation degree of the battery" (emphasis added, paragraph [0073] of the '242 publication), and thus "the distribution profile indicating the distribution of the plurality of target values may be used as a profile indicating the degree of degradation uniformity of the plurality of batteries" (paragraph [0073] of the '242 publication).”
Examiner’s is that paragraph 0073 of the published application discloses “the distribution profile indicating the distribution of the plurality of target values may be used as a profile indicating the degree of degradation uniformity of the plurality of batteries.” In other words, the paragraph discloses the plurality of batteries corresponds to the plurality of target values. However, paragraph 0073 does not disclose “a correspondence relationship between the plurality of calculated target values and a number of the plurality of batteries that correspond to EACH of the plurality of calculated target values”.
Applicants further argue “[t]he distribution profile, an example of which is shown in Figure 3 of the instant application, is then generated to show the correspondence relationship between each target value, and the number of each specific target value that was calculated (see paragraph [0070] of the "242 publication). Since, as discussed above, a target value is calculated for each battery in the pack (from the target ratio), to obtain an indication of the degree of degradation of each battery, the number of each specific target value calculated also corresponds to a number of batteries for which the specific target value was calculated.”
Examiner’s position is that, as argued by the Applicants, a target value is calculated for each battery in the pack (from the target ratio), to obtain an indication of the degree of degradation of each battery. In other words, the number of each specific target value calculated also corresponds to each battery rather than to a number of batteries.
Applicants further argue “[a]s stated in the specification, the distribution profile shows "the distribution of target values representing the degradation states of the plurality of batteries included in the battery pack" (emphasis added, paragraph [0089] of the 242 publication).”
Examiner’s position is that paragraph 0089 of the published specification does not disclose the distribution of each target value representing the degradation states of the plurality of batteries included in the battery pack. Thus, paragraph 0089 of the published specification does not disclose “a correspondence relationship between the plurality of calculated target values and a number of the plurality of batteries that correspond to EACH of the plurality of calculated target values”.
Applicant’s arguments and amendments with respect to the rejections of under 35 USC 112(b) have been fully considered and are persuasive. Therefore, the rejections under 35 USC 112(b) have been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Nghiem whose telephone number is (571) 272-2277. The examiner can normally be reached on M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew Schechter can be reached at (571) 272-2302. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MICHAEL P NGHIEM/Primary Examiner, Art Unit 2857 June 7, 2026
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