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 .
Response to Arguments
Applicant argues that the DeFrank does not teach the claimed power supplies because there is nothing to indicate that the batteries or battery packs in DeFrank are used to charge other batteries or battery packs and are used solely to add capacity. Additionally, Applicant argues that there is nothing in DeFrank that discuses adding charge to the batteries only withdrawing.
The Examiner finds this argument persuasive and has withdrawn the 102 and 103 rejections.
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 and 6-13 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.
Claim 1 (and therefore claims 6-13 based on their dependency from claim 1) recites the limitation “fixed power supplies.” This limitation appears to have been added in the claim set filed on 7/02/2024. Upon further consideration, the specification has one recitation of the term “fixed” and that is for “fixed voltage power supplies” in paragraph 47. Therefore, it appears that the limitation “fixed power supplies” is broader in scope than what is supported by the specification.
Claim 1 also recites the limitation “fixed power supply configurations.” The specification has one recitation of the term “fixed” and that is for “fixed voltage power supplies” in paragraph 47. There does not appear to be support for the broad limitation “fixed power supply configurations.” Applicant has not provided a citation for where this support is provided.
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 1 and 6-13 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.
Claim 1 (and therefore claims 6-13 based on their dependency from claim 1) recites the limitation "batteries in the battery pack" in line 3. It is unclear to which batteries this refers. Line 1 recites “a battery in a battery pack.” It is unclear if this recitation of “batteries” includes the first recited battery or if this refers to other batteries in the pack.
Claim 1 further recites the limitation "batteries in the battery pack" in lines 7-8. It is unclear to which batteries this refers. Line 1 recites “a battery in a battery pack” and line 3 recites "batteries in the battery pack." It is unclear if this recitation of “batteries” includes the first recited battery in line 1, the first recited “batteries” in line 3 or if this refers to other batteries in the pack.
Claim 1 further recites the limitation "the battery" in lines 10, 12, 13, 19, 20, and 21. It is unclear to which battery this refers. Line 1 recites “a battery in a battery pack” and line 3 recites "batteries in the battery pack." It is unclear if this recitation of “battery” includes the first recited battery in line 1, the first recited “batteries” in line 3 or if this refers to another battery.
Claim 1 further recites the limitation “by changing an electrical connection between the plurality of series connected fixed power supplied to thereby charge batteries in the battery pack” in lines 6-8. The claim further recites “a microprocessor…configured to control electrical connections between the plurality of power supplies…to thereby balance the charge of the battery in the battery pack” in the last limitation of the claim. It is unclear if the product by process limitation recited with the plurality of power supplies in lines 6-8 is different from those recited with the microprocessor limitation. For example, it is unclear if the power supplies are independently changing electrical connection or if that connection is configured to be facilitated by the microprocessor. Additionally, it is noted that the claim is drawn to a product and the limitation “by changing an electrical connection between the plurality of series connected fixed power supplied to thereby charge batteries in the battery pack” in lines 6-8 appears to be a method that physically transforms the connection. Therefore, it is unclear what state the connections between the power supplies are in for purposes of applying art. The examiner suggests using “configured to language” in instances where a product claim contains a physical device that could be transformed.
Claims 6, 7, 8 and 9 recite the limitation of a “plug” which is configured to connect the power supplies in the plurality of power supplies in series or parallel. However, claim 1 recites that the microprocessor controls the electrical connections between the power supplies. It is unclear how both the plug and the microprocessor are controlling the connections, as one seems to be a manual process and the other accomplished by a computer.
Claim 11 recites “wherein the plurality of power supplies that are configured to charge the battery following testing of a resistance of the battery pack.” It is unclear if the power supplies are configured in this way or if there is an antecedent basis issue due to the recitation of “the battery following testing…” in combination with the limitation “that are.”
Claim 12 recites the limitation “the control circuitry.” There appears to be a lack of antecedent basis, as claim 1 does not recite the limitation “control circuitry”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARLA D MCCONNELL whose telephone number is (571)270-7692. The examiner can normally be reached M-F 9 AM - 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sri Kumar can be reached on (571) 272-7769. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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