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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/20/2025, 12/31/2025 and 7/01/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 therefore, subject to the conditions and requirements of this title.
Claims 1-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 is directed to method for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) by a battery system for a vehicle (i.e., a process). Therefore, claim 1 is within at least one of the four statutory categories.
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 follow groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Claim 1 includes limitations that recite an abstract idea (emphasized below)
and will be used as a representative claim for the remainder of the 101 rejection. Claim 1 recites:
A method for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) by a battery system, the method comprising:
receiving a request message; and
transmitting a response message corresponding to the request message,
wherein a data information area of the request message includes a data delimiter and diagnostic information data,
wherein the data delimiter is a first type for requesting a read of an FDC corresponding to each of at least one piece of DTC information included in the request message, or a second type for requesting a read of a plurality of FDCs according to a bitmap, and
wherein the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, “receiving…” in the context of this claim can involve human activity. Additionally, the “receiving” step is not too complicated to be performed with the aid of pen and paper. Accordingly, the claim recites at least one abstract idea.
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”.
In the present case, the additional limitations beyond the above-noted abstract idea are as
follows (where the underlined portions are the “additional limitations” while the bolded portions
continue to represent the “abstract idea”:
A method for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) by a battery system, the method comprising:
receiving a request message; and
transmitting a response message corresponding to the request message,
wherein a data information area of the request message includes a data delimiter and diagnostic information data,
wherein the data delimiter is a first type for requesting a read of an FDC corresponding to each of at least one piece of DTC information included in the request message, or a second type for requesting a read of a plurality of FDCs according to a bitmap, and
wherein the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data.
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 limitation of “transmitting…”, the examiner submits that this limitation is insignificant extra-solution activity that merely use a computer to perform the process. In particular, the transmitting step is recited at a high level of generality (i.e. as a general means of data output from the receiving step), and amounts to mere data output, which is a form of insignificant extra-solution activity. Lastly, the claim merely describes how to generally “apply” the otherwise mental judgements in a generic or general purpose vehicle control environment. The method for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) by a battery system for a vehicle is recited at a high level of generality and merely automates the receiving step.
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, apply or use the above-noted judicial exception to effect a particular vehicle navigation or control problem, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, 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 limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
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 with respect to integration of the abstract idea into a practical application, the additional element of using a controller to perform the receiving… amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “transmitting…”; the examiner submits that this limitation is insignificant extra-solution activity.
Further, a conclusion that an additional element is insignificant extra-solution activity in
Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well understood, routine, and conventional activity in the field. The additional limitations of “transmitting…” are well-understood, routine, and conventional activities, and the specification does not provide any indication that the controller is anything other than a conventional computer network component. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, the claim is not patent eligible.
Similar analysis applied to independent claim 7.
Dependent claims 2-6 and 8-12 do not recite any further limitations that cause the claim 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. Therefore, dependent claims 2-6 and 8-12 are not patent eligible under the same rationale as provided for in the rejection of Claim 1. Therefore, claims 1-12 are ineligible under 35 USC §101.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 20230269154 A1; hereinafter Jeon) in view of van Dijk et al. (US 10838906 B1; hereinafter van Dijk).
Regarding claim 1, Jeon teaches a method for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) (see at least, [0042] a battery management system (BMS) connected to the battery pack and configured to diagnose the state of the battery pack; [0066] diagnosis information corresponding to the diagnostic trouble code may be stored in advance for each data identifier) by a battery system, the method comprising: receiving a request message; and transmitting a response message corresponding to the request message (see at least, Fig 7, [0125] the information providing device 200 may determine at least one data identifier corresponding to the extracted request information based on the provided data identifier list…may determine at least one data identifier for each of the plurality of request information…may extract diagnosis information corresponding to the determined data identifier), wherein a data information area of the request message includes a data delimiter and diagnostic information data (see at least, [0085] the information providing device 200 may include delimiter information in the answer information region of the second communication packet in order to store one answer information and at least one diagnosis information corresponding thereto to be distinguished), wherein the data delimiter is a first type for requesting a read of an FDC corresponding to each of at least one piece of DTC information included in the request message, or a second type for requesting a read of a plurality of FDCs according to a bitmap (see at least, [0088] the first diagnosis information may be distinguished from the second answer information by the delimiter information. The second answer information may include a second diagnostic trouble code ID, second diagnostic trouble code status information, and second diagnostic trouble code storage information).
Jeon does not explicitly teach wherein the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data. However, van Dijk teaches this limitation.
van Dijk teaches wherein the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each diagnostic code
includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, (28)).
Regarding claim 2, the combination of Jeon and van Dijk teaches the method of claim 1. Van Dijk further teaches wherein when the data delimiter is the second type, the diagnostic information data includes binary data in which a binary value corresponds to each of the plurality of bits, and bits of the plurality of bits and having a first value among the binary data match a plurality of first DTCs based on the bitmap (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic
codes. In the table 300, each diagnostic code includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include when the data delimiter is the second type, the diagnostic information data includes binary data in which a binary value corresponds to each of the plurality of bits, and bits of the plurality of bits and having a first value among the binary data match a plurality of first DTCs based on the bitmap as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 3, the combination of Jeon and van Dijk teaches the method of claim 2. Van Dijk further teaches wherein a data information area of the response message includes a plurality of FDCs corresponding to the plurality of first DTCs (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each diagnostic code includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include a data information area of the response message includes a plurality of FDCs corresponding to the plurality of first DTCs as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 4, the combination of Jeon and van Dijk teaches the method of claim 2. Van Dijk further teaches wherein when the plurality of first DTCs include a DTC matching a first bit and a DTC matching a second bit greater than the first bit based on the bitmap, a data information area of the response message includes a data information an area in which an FDC corresponding to the DTC matching the first bit and an FDC corresponding to the DTC matching the second bit are arranged sequentially among the plurality of FDCs (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each diagnostic code includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include when the plurality of first DTCs include a DTC matching a first bit and a DTC matching a second bit greater than the first bit based on the bitmap, a data information area of the response message includes a data information an area in which an FDC corresponding to the DTC matching the first bit and an FDC corresponding to the DTC matching the second bit are arranged sequentially among the plurality of FDCs as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 5, the combination of Jeon and van Dijk teaches the method of claim 1. Jeon further teaches wherein when a type of the response message is of the first type, the diagnostic information data includes first DTC information and second DTC information of the DTC information (see at least, Fig 6, [0088] the first answer information may include…The first diagnosis information may include at least one data identifier corresponding to the first diagnostic trouble code and diagnosis information
corresponding to each data identifier…The second answer information may include…at least one data identifier corresponding to the second diagnostic trouble code and diagnosis information
corresponding to each data identifier).
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Regarding claim 6, the combination of Jeon and van Dijk teaches the method of claim 5. van Dijk further teaches wherein a data information area of the response message is configured by sequentially arranging the first DTC information, an FDC corresponding to the first DTC information, the second DTC information, and an FDC corresponding to the second DTC information (see at least, Fig 4; Col 7 lines 15-22, In the table 300, each diagnostic code includes five bits (b0 to b4)… the error messages for each diagnostics code shown in the table 300).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include a data information area of the response message is configured by sequentially arranging the first DTC information, an FDC corresponding to the first DTC information, the second DTC information, and an FDC corresponding to the second DTC information as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 7, Jeon teaches a battery system for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) (see at least, [0042] a battery management system (BMS) connected to the battery pack and configured to diagnose the state of the battery pack; [0066] diagnosis information corresponding to the diagnostic trouble code may be stored in advance for each data identifier) to and from a vehicle (see at least, [0041] the diagnostic trouble code (DTC) may indicate a diagnosis result for various states of a battery pack…included in an electric vehicle), the battery system comprising: a battery pack including a plurality of battery cells; and a battery management system (BMS) configured to manage the battery pack (see at least, [0113] the information providing device 200 is a BMS, the information providing device 200 may provide diagnosis information for a battery pack), wherein the BMS receives a request message from the vehicle, and transmits a response message corresponding to the request message to the vehicle (see at least, Fig 7, [0125] the information providing device 200 may determine at least one data identifier corresponding to the extracted request information based on the provided data identifier list…may determine at least one data identifier for each of the plurality of request information…may extract diagnosis information corresponding to the determined data identifier), wherein a data information area of the request message includes a data delimiter and diagnostic information data (see at least, [0085] the information providing device 200 may include delimiter information in the answer information region of the second communication packet in order to store one answer information and at least one diagnosis information corresponding thereto to be distinguished), wherein the data delimiter is a first type for requesting a read of an FDC corresponding to each of at least one piece of DTC information included in the request message, or a second type for requesting a read of a plurality of FDCs according to a bitmap (see at least, [0088] the first diagnosis information may be distinguished from the second answer information by the delimiter information. The second answer information may include a second diagnostic trouble code ID, second diagnostic trouble code status information, and second diagnostic trouble code storage information).
Jeon does not explicitly teach wherein the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data. However, van Dijk teaches this limitation.
van Dijk teaches wherein the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each diagnostic code
includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include the bitmap is a list in which a plurality of pieces of DTC diagnostic information match a plurality of bits constituting the diagnostic information data as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, (28)).
Regarding claim 8, the combination of Jeon and van Dijk teaches the battery system of claim 7. Van Dijk further teaches wherein when the data delimiter is the second type, the diagnostic information data includes binary data in which a binary value corresponds to each of the plurality of bits, and a plurality of first bits matching a plurality of pieces of DTC diagnostic information to be requested to be read based on the bitmap, among the plurality of bits represented by the binary data, have a first value, and the other a remainder of the plurality of bits excluding the plurality of first bits have a second value, and the plurality of first bits match a plurality of first DTCs based on the bitmap (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each
diagnostic code includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include when the data delimiter is the second type, the diagnostic information data includes binary data in which a binary value corresponds to each of the plurality of bits, and a plurality of first bits matching a plurality of pieces of DTC diagnostic information to be requested to be read based on the bitmap, among the plurality of bits represented by the binary data, have a first value, and the other a remainder of the plurality of bits excluding the plurality of first bits have a second value, and the plurality of first bits match a plurality of first DTCs based on the bitmap as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 9, the combination of Jeon and van Dijk teaches the battery system of claim 8. Van Dijk further teaches wherein a data information area of the response message includes a plurality of FDCs corresponding to the plurality of first DTCs (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each diagnostic code includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include a data information area of the response message includes a plurality of FDCs corresponding to the plurality of first DTCs as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 10, the combination of Jeon and van Dijk teaches the battery system of claim 8. Jeon further teaches the BMS (see at least, [0042] a battery management system (BMS).
Van Dijk further teaches wherein when the plurality of first DTCs include a DTC matching a first bit among the plurality of first bits and a DTC matching a second bit greater than the first bit based on the bitmap, configures a data information area of the response message by sequentially arranging an FDC corresponding to the DTC matching the first bit and an FDC corresponding to the DTC matching the second bit among the plurality of FDCs (see at least, Col 7 lines 15-17, FIG. 4 shows a table 300 that includes sample diagnostic codes. In the table 300, each diagnostic code includes five bits (b0 to b4); Col 7 lines 46-47, A mapping of error condition parameters may be stored with the diagnostics codes shown in the table 300).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include when the plurality of first DTCs include a DTC matching a first bit among the plurality of first bits and a DTC matching a second bit greater than the first bit based on the bitmap, configures a data information area of the response message by sequentially arranging an FDC corresponding to the DTC matching the first bit and an FDC corresponding to the DTC matching the second bit among the plurality of FDCs as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Regarding claim 11, the combination of Jeon and van Dijk teaches the battery system of claim 7. Jeon further teaches wherein if a when a type of the response message is of the first type, the diagnostic information data includes first DTC information and second DTC information of the DTC information (see at least, Fig 6, [0088] the first answer information may include…The first diagnosis information may include at least one data identifier corresponding to the first diagnostic trouble code and diagnosis information corresponding to each data identifier…The second answer information may include…at least one data identifier corresponding to the second diagnostic trouble code and diagnosis information corresponding to each data identifier).
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Regarding claim 12, the combination of Jeon and van Dijk teaches the battery system of claim 11. Jeon further teaches the BMS (see at least, [0042] a battery management system (BMS).
van Dijk further teaches a data information area of the response message by sequentially arranging the first DTC information, an FDC corresponding to the first DTC information, the second DTC information, and an FDC corresponding to the second DTC information (see at least, Fig 4; Col 7 lines 15-22, In the table 300, each diagnostic code includes five bits (b0 to b4)… the error messages for each diagnostics code shown in the table 300).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jeon to include a data information area of the response message is configured by sequentially arranging the first DTC information, an FDC corresponding to the first DTC information, the second DTC information, and an FDC corresponding to the second DTC information as taught by van Dijk in so that the vehicle may reconfigure the system to use the redundant component upon receiving the report that a component is not operating within specifications or when the component has failed (van Dijk, Col 6 lines 29-31).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. (US 20180056983 A1) discloses a method for transmitting and receiving fault detection counter (FDC) information for a diagnostic trouble code (DTC) by a battery system (see at least, [0049] When a failure or error occurrence is detected (S210), the BMS 150 may be
configured to determine whether the single error for the single device or communication
occurs or the multi-error for at least two devices or communications occurs; [0038] When the battery system 100 fails, the BMS 150 may be configured to generate a diagnostic trouble code (DTC) to detect error situations during vehicle maintenance).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOYA PETTIEGREW whose telephone number is (313)446-6636. The examiner can normally be reached 8:30pm - 5:00pm M-F.
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, Jelani Smith can be reached at 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOYA PETTIEGREW/Primary Examiner, Art Unit 3662
