DETAILED ACTION
Status of the Claims
In the communication dated February 27, 2026, claims 1-2, 5, 7, 9-23 and 26-30 are pending. Claims 1 and 20 are amended and claims 3-4, 6, 8 and 24-25 are previously cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 27, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The references of Vonderhaar and Sakakibara are withdrawn and the references of Nathan et al. US20120212179A1 and Guo et al. US20190081472A1 are newly cited, as detailed below.
Claim Rejections - 35 USC § 112
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 1-2, 5, 7, 9-23 and 26-30 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 has been amended to recite ‘a first temperature sensor located within an outlet plug on a battery cable assembly” in lines 10-11. Further, in lines 13-14 the claims recites “the first temperature sensor is located to detect a temperature of the discharged or depleted battery”. However, it is unclear how a sensor arranged in a plug also detects the temperature of the battery.
Claim 20 contains similar language and is, thus, rejected for the same reasoning as claim 1.
Claim 9 recites the limitation "the deeply discharged battery" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 2, 5, 7, 10-19, 21-23 and 26-30 are rejected at least due to their dependency from a rejected claim.
Claim Rejections - 35 USC § 103
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 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 1-2, 7, 20 and 26-30 are rejected under 35 U.S.C. 103 as being unpatentable over Hoff et al. US20040135551A1 in view of Nathan et al. US20120212179A1 and Guo et al. US20190081472A1.
Regarding 1. Hoff discloses battery charging device for charging a discharged or depleted battery (10), the device comprising:
one or more ambient temperature sensors (216/218) for measuring or approximating a temperature external to the battery charging device (FIG. 2; ¶25);
a controller (224) receiving input signals from the one or more ambient temperature sensors (216/218) for controlling a charging operation of the battery charging device (¶25).
wherein the one or more ambient temperature sensors (216/218) include a first temperature sensor wherein the first temperature sensor is located to detect a temperature of the discharged or depleted battery (¶25 – battery temperature measured at the first temperature sensor 216).
Hoff discloses that the controller (224) variably controls a rate of charging of the discharged or depleted battery based on temperatures of the one or more ambient temperature sensors (¶25 – the temperature compensating circuitry can adjust the charger circuit output current based on the detected temperatures).
Hoff does not explicitly teach that an internal temperature sensor for measuring or approximating an internal temperature of the battery charging device; the controller receiving input signals from the internal temperature sensor; and a first temperature sensor located within an outlet plug on a battery cable assembly that is connected to a battery clamp configured for connecting the battery charging device to the discharged or depleted battery, and wherein the first temperature sensor is located to detect a temperature of the discharged or depleted battery; the controller variably controls a rate of charging of the discharged or depleted battery based on both temperatures of the one or more ambient temperature sensors and the internal temperature sensors.
Nathan teaches that the first temperature sensor (36) is located within an outlet plug (22) on a battery cable assembly (22/40/42/44/46).wherein the first temperature sensor is located to detect a temperature of the discharged or depleted battery when connected to the battery (¶34 – sensor wires may extend from the temperature sensor 36 to the charging system 16).
Nathan discloses the controller variably controls a rate of charging of the discharged or depleted battery based on both temperatures of the one or more temperature sensors and the internal temperature sensors (¶22-23 controller adjusts current drawn by the charging system through the interface based on the temperature).
Although the “internal temperature sensor” is not explicitly taught by Nathan, because multiple sensors are taught by Hoff, and the information from the multiple sensors are sent to a controller (¶25), it would be obvious to one of ordinary skill in the art to provide the variability of Nathan to the control multiple sensors in order to obtain accurate information.
It would be obvious to one of ordinary skill in the art before the effective filing date to further monitor the internal temperature in order to further monitor the temperature to prevent overheating and damage to the system.
Nathan does not explicitly disclose a battery cable assembly that is connected to a battery clamp configured for connecting the battery charging device to the discharged or depleted battery; an internal temperature sensor for measuring or approximating an internal temperature of the battery charging device; the controller receiving input signals from the internal temperature sensor.
Gao discloses a battery cable assembly (FIG. 1) that is connected to a battery clamp (123) configured for connecting the battery charging device to the discharged or depleted battery (130);
an internal temperature sensor (¶54 – temperature sensor measuring temperature of the power, MCU and/or housing of connecting means) for measuring or approximating an internal temperature of the battery charging device (each of the power and MCU are part of the charging device 110); the controller receiving input signals from the internal temperature sensor (¶57 – collected signal sent to the MCU for further processing).
It would be obvious to one of ordinary skill before the effective filing date to monitor the temperature of the power supply in order to avoid fault situations such as over temperature that may cause damage to the system (Gao; ¶37).
Regarding claim 2. Hoff discloses the one or more ambient temperature sensors (216/218) include a second temperature sensor to detect a temperature of an environment within which the battery charging device is operating (¶25 – ambient temperature measured at the second temperature sensor 218).
Regarding claim 7. Hoff discloses that the controller (224) controls the charging operation of the battery charging device based on one or more differential temperatures of the one or more ambient temperature sensors (¶25 - The temperature compensating circuitry 224 can adjust the charger circuitry 210 output current based on the battery temperature measured at the first temperature sensor 216, and ambient temperature measured at the second temperature sensor 218).
Regarding claim 20. Hoff discloses a method of charging a discharged or depleted battery (10) using a battery charging device (FIG. 2), the method comprising:
detecting an ambient temperature external to the battery charging device (FIG. 2; ¶25)
controlling a charging operation of the battery charging device based on the detected ambient temperature of the discharged or depleted battery (¶25 – battery temperature measured at the first temperature sensor 216), comprising variably controlling a charging rate of the discharged or depleted battery based on both the ambient temperature (¶25 – the temperature compensating circuitry can adjust the charger circuit output current based on the detected temperatures).
Hoff does not explicitly disclose detecting an ambient temperature external to the battery charging device using a temperature sensor located within an outlet plug on a battery cable assembly that is connected to a battery clamp configured for connecting the battery charging device to the discharged or depleted battery, wherein the temperature sensor is located to detect a temperature of the discharged or depleted battery when connected to the battery clamp; detecting an internal temperature of the battery charging device using an internal temperature sensor within the battery charging device; and controlling a charging operation of the battery charging device based on the detected internal temperature, comprising variably controlling a charging rate of the discharged or depleted battery based on the internal temperature.
Nathan discloses detecting an ambient temperature external to the battery charging device using a temperature sensor (36) located within an outlet plug (22) on a battery cable assembly (22/40/42/44/46), wherein the temperature sensor is located to detect a temperature of the discharged or depleted battery when connected to the battery (¶34 – sensor wires may extend from the temperature sensor 36 to the charging system 16);
comprising variably controlling a charging rate of the discharged or depleted battery based on both the ambient temperature and the internal temperature (¶22-23 controller adjusts current drawn by the charging system through the interface based on the temperature)
Although the “internal temperature sensor” is not explicitly taught by Nathan, because multiple sensors are taught by Hoff, and the information from the multiple sensors are sent to a controller (¶25), it would be obvious to one of ordinary skill in the art to provide the variability of Nathan to the control multiple sensors in order to obtain accurate information.
It would be obvious to one of ordinary skill in the art before the effective filing date to further monitor the internal temperature in order to further monitor the temperature to prevent overheating and damage to the system.
Nathan does not explicitly disclose the battery cable assembly that is connected to a battery clamp configured for connecting the battery charging device to the discharged or depleted battery; and detecting an internal temperature of the battery charging device using an internal temperature sensor within the battery charging device; and controlling a charging operation of the battery charging device based on the detected internal temperature,
Gao discloses the battery cable assembly (FIG. 1) that is connected to a battery clamp (123) configured for connecting the battery charging device to the discharged or depleted battery (130).
detecting an internal temperature of the battery charging device using an internal temperature sensor (¶54 – temperature sensor measuring temperature of the power, MCU and/or housing of connecting means) within the battery charging device (each of the power and MCU are part of the charging device 110).
controlling a charging operation of the battery charging device based on the detected internal temperature (¶57 – collected signal sent to the MCU for further processing).
It would be obvious to one of ordinary skill before the effective filing date to monitor the temperature of the power supply in order to avoid fault situations such as over temperature that may cause damage to the system (Gao; ¶37).
Regarding claim 26. Hoff discloses that the charging of the discharged or depleted battery is terminated upon detecting a temperature exceeding a threshold temperature detected for the discharged or depleted battery (¶23 – current is regulated between zero and a fixed max according to the inverse proportionality of the heat generated inside the battery; ¶53 – higher the temperature differential the more the current is throttled back).
Regarding claim 27. Hoff discloses charging of the discharged or depleted battery is not initiated upon detecting a temperature exceeding a threshold temperature detected for the discharged or depleted battery (¶23 – current is regulated between zero and a fixed max according to the inverse proportionality of the heat generated inside the battery; ¶53 – higher the temperature differential the more the current is throttled back).
Regarding claim 28. Hoff does not explicitly disclose that the battery charging device measures a temperature of the battery charging device prior to charging operation of the battery charging device.
Gao discloses that the battery charging device measures a temperature of the of the battery charging device (¶37 – temperature of the power supply of the booster) prior to charging operation of the battery charging device (FIG. 6 – signal is collected prior to executing a charging instruction).
It would be obvious to one of ordinary skill before the effective filing date to monitor the temperature of the power supply in order to avoid fault situations such as over temperature that may cause damage to the system (Gao; ¶37).
Regarding claim 29. Hoff discloses that the battery charging device (250) measures a temperature of the discharged or depleted battery (214) FIG. 2.
However, Hoff does not explicitly teach that the measurement is prior to charging operation of the battery charging device.
Nathan discloses that the battery charging device measures a temperature prior to charging operation of the battery charging device (FIG. 4 – determine temperature at plug-in 82).
It would be obvious to one of ordinary skill in the art before the effective filing date to further monitor the internal temperature in order to further monitor the temperature to prevent overheating and damage to the system.
Regarding claim 30. Hoff discloses an increasing temperature differential causes the controller to slow down charging of the discharged or depleted battery (¶23 - Current is regulated between zero and a fixed maximum according to the inverse proportionality of the heat generated inside the battery).
Claims 5 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hoff et al. US20040135551A1 in view of Nathan et al. US20120212179A1 and Guo et al. US20190081472A1 and in further view of Sakakibara US20040135553A1
Regarding claim 5. Hoff does not explicitly teach the second temperature sensor is connected to or associated with a housing or casing of the battery charging device.
Sakakibara discloses that the second temperature sensor is (TM2) are connected to or associated with a housing or casing (perimeter of 10) of the battery charging device (10) (¶21 – temperature sensor TM2 is used to detect the ambient temperature within the charger).
It would be obvious to one of ordinary skill in the art to monitor the temperature of the power source circuit, along with the battery temperature in order to avoid damaging both the battery and the power source due to overheating (Sakakibara; ¶26-27).
Regarding claim 21. Hoff discloses the charging operation of the battery charging device is controlled based on a temperature differential of the ambient temperature and the internal temperature(¶25 - The temperature compensating circuitry 224 can adjust the charger circuitry 210 output current based on the battery temperature measured at the first temperature sensor 216, and ambient temperature measured at the second temperature sensor 218).
Hoff does not explicitly disclose that the control is based on the differential of the ambient temperature and the internal temperature.
Sabakibara discloses that the controller 36 calculates the temperature increase rate by differentiating the information from the first and second temperature detecting portions (¶24).
It would be obvious to one of ordinary skill in the art to provide the batteries of Hoff, the charging control based on a temperature sensed inside and outside of the charger in order to provide more efficient charging (Sakakibara; ¶7).
Regarding claim 22. Hoff discloses a charging rate of the discharged or depleted battery is varied based on the temperature differential (¶25 – the temperature compensating circuitry can adjust the charger circuit output current based on the detected temperatures).
Regarding claim 23. Hoff discloses that an increasing temperature differential causes the charging rate to decrease (¶28 – when the battery warms up the charge current will decrease).
Claims 9-17 are rejected under 35 U.S.C. 103 as being unpatentable over Hoff et al. US20040135551A1 in view of Nathan et al. US20120212179A1 and Guo et al. US20190081472A1 and in further view of Richardson et al. US20130154543A1.
Regarding claim 9. Hoff discloses a controller (224) connected to one or more components or parts of the rechargeable battery charging device (210), the MCI structured and arranged to control operation of the rechargeable battery charging device (¶25 – temperature compensating circuitry 224 adjusts the charger circuitry 210 output current);
a controller structured and arranged to control the charging of the deeply discharged battery (¶38 – battery is depleted/empty), the controller having a Force Mode for charging the deeply discharge battery even if a battery voltage is near 0 volts (¶38/47 – finding the output current even when the battery is empty).
a detector (119) for measuring an output voltage of the deeply discharged battery (¶21);
Hoff does not explicitly disclose a controller that is a programmable microcontroller unit (MCI); a rechargeable battery having a positive terminal and a negative terminal; a positive battery cable connected or connectable to the positive terminal of the rechargeable battery; a negative battery cable connected or connectable to the negative terminal of the rechargeable battery; a detector for measuring an output voltage of the deeply discharged battery; a user interface connected to the MCI, the user interface structured and arranged to display one or more functions or modes of the rechargeable battery charging device.
Goa teaches a rechargeable battery having a positive terminal (132-1)and a negative terminal (132-2);
a positive battery cable (122 -1) connected or connectable to the positive terminal (132-1) of the rechargeable battery (130);
a negative battery cable (122 -2) connected or connectable to the negative terminal (132-2) of the rechargeable battery (130);
Goa does not explicitly teach a programmable microcontroller unit (MCI); a user interface connected to the MCI, the user interface structured and arranged to display one or more functions or modes of the rechargeable battery charging device.
Richardson discloses a programmable microcontroller unit (MCI) (¶14 – microprocessor with programable flash memory);
a user interface connected to the MCI, the user interface structured and arranged to display one or more functions or modes of the rechargeable battery charging device (backlit LCD display 46).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 10. Hoff does not explicitly disclose the Force Mode is configured to operate for a predetermined period of time.
Richardson discloses the Force Mode (manual mode) is configured to operate for a predetermined period of time (¶49 when battery is extremely low or completely dead, while in the manual mode charging begins and operates for three cycles).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 11. Hoff does not explicitly disclose wherein the predetermined period of time is five minutes.
Richardson discloses that the system will be returned to a ready mode after a predetermined period of time that is five minutes (¶39).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 12. Hoff does not explicitly disclose that after the Force Mode is terminated due to expiration of the predetermined period of time, the rechargeable battery charging device will measure the deeply discharged battery voltage.
Richardson discloses that after the Force Mode is terminated due to expiration of the predetermined period of time (¶39 – 5 minutes), the rechargeable battery charging device will measure the deeply discharged battery voltage (¶39 – system returned to the ready mode; ¶33 in the ready mode, information such a vehicle voltage is displayed).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 13. Hoff does not explicitly teach that if the deeply discharged battery is above a normal starting voltage threshold, the rechargeable battery charging device will begin charging in a normal mode.
Richardson teaches that if the deeply discharged battery is above a normal starting voltage threshold, the rechargeable battery charging device will begin charging in a normal mode (¶35 – vehicle voltage monitored and determined whether there is a voltage drop and determines whether to turn off charging).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 14. Hoff does not explicitly disclose that if the deeply discharged battery voltage is too low, then the rechargeable battery charging device will return to a standby or off mode .
Richardson discloses that if the deeply discharged battery voltage is too low, then the rechargeable battery charging device will return to a standby or off mode (¶35 – if vehicle voltage drops 20% or more then starter motor is engaged for a set number of attempts, if unable to start then charging is stopped)
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 15. Hoff does not explicitly disclose that the user interface is structured and arranged to allow a user to select the Force Mode.
Richardson discloses that the user interface is structured and arranged to allow a user to select the Force Mode (¶17 – manual 44 push button input).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 16. Hoff does not explicitly disclose that the user interface is configured to provide user feedback if the rechargeable battery charging device is in the Force Mode.
Richardson discloses that the user interface is configured to provide user feedback if the rechargeable battery charging device is in the Force Mode (¶20 – a manual mode LED 52 is illuminated when the manual mode pushbutton is depressed; ¶27-28 LCD 46 displays messages such as an error or charge battery warning while in manual mode).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 17. Hoff does not explicitly teach that the user feedback is provided by lighting a light emitting diode (LED).
Richardson discloses that the user feedback is provided by lighting a light emitting diode (LED) (¶20 – a manual mode LED 52 is illuminated when the manual mode pushbutton is depressed).
It would be obvious to one of ordinary skill in the art to provide the monitoring as taught by Richardson to the backup system of Hoff in order to reduce problems when trying to jump start a dead battery (Richardson; ¶5).
Regarding claim 18. Hoff does not explicitly disclose that the deeply discharged battery is a lead-acid battery.
However, Hoff does teach that most systems, such as the one used by Hoff, use a lead acid battery.
It would be obvious to one of ordinary skill in the art to provide the battery that is a commonly used battery type in vehicles which require backup power.
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Hoff et al. US20040135551A1 in view of Nathan et al. US20120212179A1, Guo et al. US20190081472A1 and Richardson US20130154543A1 and further in view of Woehrle et al. US20170271669A1.
Regarding claim 19. Hoff does not explicitly disclose that the deeply discharged battery is an over-discharge lithium ion battery with an open battery management system (BMS).
Woehrle discloses that the deeply discharged battery (¶8) is an over-discharge lithium ion battery (¶2) with an open battery management system (BMS) (¶8).
It would be obvious to one of ordinary skill in the art to provide the battery, as taught by Woehrle, to the receiving device of Hoff as it is a commonly used battery type in vehicles which require backup power.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAMELA JEPPSON whose telephone number is (571)272-4094. The examiner can normally be reached Monday-Friday 7:30 AM - 5:00 PM.
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/PAMELA J JEPPSON/Examiner, Art Unit 2859
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859