DETAILED ACTION
Claims 1-18 are pending. Claims 1 and 14-18 are amended.
Claim Rejections - 35 USC § 112
Previous rejection under 35 USC 112 (b) is withdrawn in view of Applicant' s amendment filed 07/17/2026.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites a battery diagnosing apparatus comprising: a profile acquisition unit configured to acquire a differential profile representing a correspondence between a capacity and a differential voltage of a battery; a profile correction unit configured to determine a target C-rate, which is a current rate, corresponding to the differential profile, and correct the differential profile based on an overvoltage profile corresponding to the target C-rate, thereby generating a corrected profile; and a control unit configured to diagnose a state of the battery based on a shape of a target capacity section of the corrected profile.
Claim 14 recites a battery diagnosing method comprising: acquiring a differential profile representing a correspondence between a capacity and a differential voltage of a battery; determining a target C-rate corresponding to the differential profile; correcting the differential profile based on an overvoltage profile corresponding to the target C-rate to generate a corrected profile; and diagnosing a state of the battery based on a shape of a target capacity section of the corrected profile.
Claim 17 recites a non-transitory computer-readable storage medium having stored therein a program for performing a battery diagnosing method, the method comprising: acquiring a differential profile representing a correspondence between a capacity and a differential voltage of a battery; determining a target C-rate corresponding to the differential profile; correcting the differential profile based on an overvoltage profile corresponding to the target C-rate to generate a corrected profile; and diagnosing a state of the battery based on a shape of a target capacity section of the corrected profile…
and thus grouped as Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations.
These judicial exceptions are not integrated into a practical application because the additional elements, the data gathering step, (claim 1) “a profile acquisition unit configured to acquire a differential profile representing a correspondence between a capacity and a differential voltage of a battery” (claim 14) “acquiring a differential profile representing a correspondence between a capacity and a differential voltage of a battery” (claim 17) “acquiring a differential profile representing a correspondence between a capacity and a differential voltage of a battery” are mere data gathering that do not add a meaningful limitation to the method as they are insignificant extra-solution activity. Furthermore, the additional elements (claims 1 and 17) the “profile correction unit, control unit and non-transitory computer-readable storage medium having stored therein a program” are recited as performing generic computer functions routinely used in computer applications. Generic computer components recited as performing generic computer functions amount to no more than using a computer as a tool to perform an abstract idea. All of which are considered not indicative of integration into a practical application (see “Federal Register / Vol. 84, No. 4/ Monday, January 7, 2019 / Notices” – page 55, second column).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of the data gathering steps are mere data collect steps which fall under insignificant extra solution activity and deemed insufficient to qualify as “significantly more” - see MPEP 2106.05(g). The additional elements of the units are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea and deemed insufficient to qualify as “significantly more” see MPEP 2106.05(f).
Dependent claims 2-13, 15-16 and 18 when analyzed as a whole are patent ineligible under 35 U.S.C. §101 because the dependent claims fail to establish that the claims are not directed to an abstract idea as they are directed mathematical concepts and/or mental processes and do not add significantly more to the abstract idea.
Allowable Subject Matter
Claims 1-18 are would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action.
The following is an examiner’s statement of reasons for allowance:
Claim 1 is considered to be allowable over the cited prior art because none of the cited prior art teaches or suggests, in combination with the other claimed limitations a profile correction unit configured to determine a target C-rate (current rate) corresponding to the differential profile, and correct the differential profile based on an overvoltage profile corresponding to the target C-rate, thereby generating a corrected profile.
Claim 14 is considered to be allowable over the cited prior art because none of the cited prior art teaches or suggests, in combination with the other claimed limitations a target determination step of determining a target C-rate corresponding to the differential profile; a corrected profile generation step of correcting the differential profile based on an overvoltage profile corresponding to the target C-rate to generate a corrected profile.
Claim 17 is considered to be allowable over the cited prior art because none of the cited prior art teaches or suggests, in combination with the other claimed limitations, a target determination step of determining a target C-rate corresponding to the differential profile; a corrected profile generation step of correcting the differential profile based on an overvoltage profile corresponding to the target C-rate to generate a corrected profile.
Response to Arguments
Applicant's arguments filed 07/17/2026 have been fully considered but they are not persuasive.
Applicant argues “the claims are not directed to an abstract idea, but rather to a specific technological improvement in battery diagnosis technology. As set forth in MPEP §2106.04(d), a claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. One way to demonstrate such integration is when the claimed invention improves the functioning of a computer or improves another technology or technical field.” and cites to each limitation of claim 1 demonstrating how each limitation provides such improvements (see section II, page 8, beginning third paragraph of the response).
In response, the Examiner disagrees and indicates the claims are directed towards information data processing and analysis of a battery state. Regarding, “improvements to another technology or technical field" via improving and enabling faster and more accurate battery state diagnosis, the recitation "determining a target C-rate, correct the differentia profiles, generating a corrected profile and diagnosing a state of the battery" is removing errors in data (measurement artifacts); however, this is still considered data processing but by presenting data in a better form. Processing data and presenting data in better form is still encompassed within information data processing and analysis which all fall under data processing information, organizing information, and comparison analysis and is considered an abstract idea without integration into a practical application.
Relevant Prior Art / Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
SONG (US Patent Application Publication 2023/0176140 A1) discloses an apparatus for diagnosing a state of a battery.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICKY GO whose telephone number is (571)270-3340. The examiner can normally be reached on Monday through Friday from 9:00 a.m. to 5:30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arleen M. Vazquez can be reached on (571) 272-2619. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICKY GO/Primary Examiner, Art Unit 2857
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