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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Status of the Claims
In the communication filed on 12/29/2025 claims 1-20 are pending. Independent claims 1, 8, and 15 have been amended to include new limitations not presented before. Support for these amendments may be found in Figs. 4-8 and ¶[56-60] of the disclosure.
Response to Arguments/Amendments
Applicant’s arguments and amendments, filed 12/29/2025, with respect to the rejection of independent claims 1, 8, and 15 under 35 U.S.C. 102(a)(1) and 102(a)(2) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejections is made in view of the previously cited prior art reference in combination with a newly found prior art reference.
The applicant argues in pages 7-10 of the Remarks dated 12/29/2025 that the cited prior art reference Zhang fails to teach the newly added limitation a “determining a change in the temperature of the device using the current temperature and previous temperature measurements”. The examiner concurs with the applicant’s arguments and therefore the 35 U.S.C. 102 rejection has been withdrawn. The examiner relies upon the newly cited prior art reference for this below.
The remaining arguments are moot as the applicant’s arguments for the remaining claims were based on dependency of the independent claims.
The drawing objections remain since the amended drawings were not submitted in the response dated 12/29/2025. In addition, new drawing objections are made below to correct minor informalities to improve reader comprehension.
Drawings
The drawings are objected to because Fig. 9 lacks text describing the state diagram so that one of ordinary skill in the art may understand the state diagram. The applicant is advised to add the text descriptions found in Fig. 9 of the provisional application 63/220,720 within proximity of the appropriate reference numbers in Fig. 9 of 17/863,063 in order to correct the issue. The following is an illustration of Fig. 9 from the provisional application 63/220,720 demonstrating the text being requested:
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The drawings are objected to because clear copies of Figs. 3-8 should be submitted since there are letters and lines that are not clear due to the grayscale.
The drawings are objected to because Figs. 3-8 should have the acronym “LVP/SYR” spelled out in order for one of ordinary skill to better understand the meaning.
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The drawings are objected to because the right column of Figs. 4-8 should have additional information similar to Fig. 3 in order to allow one of ordinary skill to better understand the meaning of these values. See annotated Figs. 3-4 below.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-6, 8-9, 11-13, 15-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (USPN 11563243) and further in view of Novak et al. (USPGPN 20170199249).
With respect to independent claims 1, 8, and 15, Zhang teaches a device comprising a processor, at least one temperature sensor, and a memory storing instructions (Fig. 5; charging control device 200 comprising processor 220, sensor component 214, and memory 204 storing instructions for the operation of device 220, see col. 11 lines 33-36, col. 11 lines 43-55 and col. 12 lines 31-50).
Zhang teaches that the instructions, when read by the processor, cause the device to measure, using the at least one temperature sensor, a current temperature of the device drawing power at a charge current level (Figs. 1 & 3; step S11 a real-time temperature is monitored during charging a battery, see col. 5 lines 32-48).
Zhang teaches identify a current temperature threshold in a plurality of temperature thresholds based on the temperature (Fig. 6; Tb is the battery temperature monitored in real-time and compared to a plurality of identified temperature thresholds T1 < Tc1 < Tc2 < T2, see col. 9 lines 1-10).
Zhang teaches the plurality of temperature thresholds comprising at least one rising temperature threshold and at least one falling temperature threshold (Fig. 6; Tc2 is a rising temperature threshold and Tc1 is a falling temperature threshold).
Zhang teaches select a falling temperature threshold as the current temperature threshold when the change in the temperature corresponds to a decrease in the temperature of the device and increase the charge current level of the device when the current temperature is below the falling temperature threshold for a first period of time (When Tb ≤ Tc1 [Tb is real-time temperature, Tc1 is the falling temp. threshold] the battery is charged at an increased charging current during a first Δt, see col. 9 lines 22-24).
Zhang teaches selecting a rising temperature threshold as the current temperature threshold when the change in the temperature corresponds to an increase in the temperature of the device and decrease the charge current level of the device when the current temperature is above the rising temperature threshold for the first period of time (When Tb ≥ Tc2 [Tb is the real-time temperature, Tc2 is the rising temp. threshold] the battery charging current is decreased at the current reduction rate S1 during a first Δt, see col. 9 lines 11-20).
However, Zhang fails to explicitly teach determine a change in the temperature of the device using the current temperature and previous temperature measurements.
Novak teaches determine a change in the temperature of the device using the current temperature and previous temperature measurements (¶[65-66]; the formula dT/dt teaches a rate of temperature change that determines temperature change by comparing the current temperature to an earlier temperature over a time interval).
Therefore, it would have been obvious for one of ordinary skill in the art to have modified Zhang’s system with Novak’s temperature change determination method in order to account for changes of temperature to make determination for change in charging current. The advantage of this modification being that the battery cells may be protected avoiding catastrophic cell failures by maintaining the temperature and charging within safe limits (see ¶[57] of Novak).
With respect to dependent claims 2, 9, and 16, Zhang teaches the invention as discussed above in claims 1, 8, and 15, respectively. Further, Zhang teaches determine the current temperature is above the rising temperature threshold for a second period of time; and set the charge current level of the device to a lowest charge current level (The battery is monitored for every Δt [i.e., period of time] and if Tb ≥ Tc2 is still the case at a second Δt then charging is decreased at the current reduction rate S2 [S2 > S1]).
With respect to dependent claims 4, 11, and 18, Zhang teaches the invention as discussed above in claims 1, 8, and 15, respectively. Further, Zhang teaches determine the current temperature is below the falling temperature threshold for a second period of time; and increase the charge current level by one level (When Δt2 for Tb ≤ Tc1 elapses the battery is restored to the original charge, see col. 9 lines 22-24).
With respect to dependent claims 5, 12, and 19, Zhang teaches the invention as discussed above in claims 1, 8, and 15, respectively. Further, Zhang teaches wherein the power is used to charge a battery (abstract; power for charging a battery).
With respect to dependent claims 6 and 13, Zhang teaches the invention as discussed above in claims 1 and 8, respectively. Further, Zhang teaches wherein the current temperature comprises a battery temperature (abstract; real-time temperature of a battery).
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Novak as applied to claims 1 and 8 above, and further in view of Uemura (WIPO Patent WO-2014045324-A1).
With respect to dependent claims 3, 10, and 17, Zhang teaches the invention as discussed above in claims 1, 8, and 15, respectively. However, Zhang fails to explicitly teach determine when the current temperature is above an alert threshold and immediately set the charge current level of the device to a lowest charge current level.
Uemura teaches determine when the current temperature is above an alert threshold and immediately set the charge current level of the device to a lowest charge current level (¶[69]; when the battery temperature exceed 80°C [i.e., an alert threshold] charging to the battery is stopped).
Therefore, it would have been obvious for one of ordinary skill in the art to have adapted Zhang’s system by adding the temperature alert thresholds and current level changing features disclosed by Uemura. The advantage of this modification being the safety of the medical device is ensured by monitoring the battery’s operating temperature information and a cheaper processing unit may be used thereby reducing cost (in ¶[70] of Uemura).
Claims 7, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang and Novak as applied to claims 1 and 8 above, and further in view of Raikar et al. (USPGPN 20200203958).
With respect to dependent claims 7 and 14, Zhang teaches the invention as discussed above in claims 1 and 8, respectively. However, Zhang fails to explicitly teach wherein the current temperature comprises a processor temperature.
Raikar teaches wherein the current temperature comprises a processor temperature (¶[56]; the temperature of the processor is considered as a temperature affecting battery charging performance).
Therefore, it would have been obvious for one of ordinary skill in the art to have adapted Zhang’s system with the battery temperature and processor temperature features disclosed by Raikar. The advantage of this modification being the safety of the battery is ensured by modifying the charge current and/or the power drive current based on the temperature of the battery (in ¶[58] of Raikar).
With respect to dependent claim 20, Zhang teaches the invention as discussed above in claim 15. However, Zhang fails to explicitly teach wherein the current temperature is selected from the group consisting of a battery temperature and a processor temperature.
Raikar teaches wherein the current temperature is selected from the group consisting of a battery temperature and a processor temperature (¶[56]; the temperature of the battery and the temperature of the processor are both considered as temperatures that affect battery charging performance).
Therefore, it would have been obvious for one of ordinary skill in the art to have adapted Zhang’s system with the battery temperature and processor temperature features disclosed by Raikar. The advantage of this modification being the safety of the battery is ensured by modifying the charge current and/or the power drive current based on the temperature of the battery (in ¶[58] of Raikar).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Paralikar et al. (USPGPN 20210226471) teaches that the temperature of an external charging device and/or an implantable medical device may be monitored to control the temperature exposure to patient tissue during a charging session used to recharge the rechargeable power source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Frank A Silva whose telephone number is (703)756-1698. The examiner can normally be reached Monday - Friday 09:30 am -06:30 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANK ALEXIS SILVA/Examiner, Art Unit 2859
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859