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 .
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 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.
Claim(s) 1-6 and 22-24is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuji et al. (US 2010/0214055 A1) in view of Johnson et al. (US 2007/0217390 A1), Jung et al. (US 2018/0261810 A1) and Yoshikawa et al. (US 2014/0159640 A1).
Regarding claims 1 and 22-24, Fuji discloses a battery pack (e.g. Fig. 1: 8 & Fig. 11: Vdc & [0173]) comprising: a housing (inherently disclosed); a battery terminal (e.g. Fig. 1: 8 & Fig. 11: Vdc—connection between the battery and the circuitry); an electrical circuit (e.g. Fig. 11: Ry1, Ry2) selectively connecting the battery to the battery terminal to supply a current to an electrical device (e.g. Fig. 11: 61 & M), the circuit including a resistor (e.g. Fig. 11: R2) in a first electrical path between the plurality of cells and the battery terminal, the resistor having a first resistance, and a switch (e.g. Fig. 11: Ry1) in a second electrical path between the plurality of cells and the battery terminal, the switch having a second resistance less than the first resistance (e.g. Fig. 11: since the second path is only wire, it inherently discloses a second resistance that is less than the resistance of the resistor); and a controller (e.g. Fig. 11: 62) operable to selectively connect the plurality of cells to the battery terminal across the resistor or through the switch (e.g. [0006-0009]).
Fuji fails to explicitly disclose, but Johnson teaches a battery pack (e.g. Fig. 21: 30) comprising: a housing (Fig. 1); a plurality of cells supported by the housing and having a voltage (e.g. Fig. 21: 46a-46e); and a battery terminal (e.g. Fig. 21: 98, 102).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the teachings of Fuji with the teachings of Johnson to implement a battery pack with a plurality of battery cells, since it is no more than simple substitutions of one known element with another according to KSR, and the modification would have yielded only predictable results to one skilled in the art.
Fuji and Johnson fails to explicitly teach the battery pack has a volume between 945,000 mm3 and 1,534,500 mm3, has a length between 140 mm and 155 mm, has a width between 75 mm and 90 mm, and has a height of 90 mm to 110 mm.
However, Figures 2A-2B and paragraphs [0003, 0004, 00134, 00135] of specification of the instant application state the claimed battery pack is for use with existing handheld, motorized, and/or non-motorized devices (e.g. power tool and vehicle), and the dimensions and specification of the claimed battery pack must fit within limitations of the existing handheld, motorized and/or non-motorized devices.
Jung (e.g. Figs. 1-4 & [0020] & claim 3) teaches a battery pack is dimensioned to fit all circuit board, resistor, relay and other electronic components within battery pack of a vehicle; and
Yoshikawa (e.g. Figs. 1 & 7A-7B) teaches a battery pack is dimensioned to fit all circuit board, resistor, relay and other electronic components within battery pack of a power tool.
Both Jung and Yoshikawa disclose conventional battery pack for vehicle and power tool, respectively, and different electronic components (including battery cells, resistors, circuit board, etc.) can fit within the conventional battery pack.
Thus, it would have been obvious to one skilled in the art to modify the teachings of Fuji and Johnson with the teachings of Jung and Yoshikawa to fit all electrical wires, resistors, switches and/or circuitry within a battery pack that has the claimed battery pack dimensions (e.g. volume, length, width and height), since it has been held that where the general conditions (i.e. conventional battery pack for power tool and/or motorized vehicle) of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 2, Fuji discloses the controller is operable to control the switch to short the resistor (e.g. [0006-0009]).
Regarding claim 3, Fuji discloses controlling the switch to short the resistor includes closing the switch (e.g. [0006-0009]).
Regarding claim 4, Fuji discloses the controller is operable to control the switch (e.g. Fig. 11: Ry1) after a condition occurs (e.g. [0006-009]: Ry1 is closed—after Ry1 is opened and Ry2 is closed and capacitor C is charged).
Regarding claim 5, Fuji discloses the controller is operable to control the switch after a time period has elapsed (e.g. [0006-009]: Ry1 is closed—after Ry1 is opened and Ry2 is closed and capacitor C is charged; the time for charging the capacitor C is equivalent to the recited time period).
Regarding claim 6, Fuji discloses the controller is operable to control the switch after a time period (e.g. [0006-009]: Ry1 is closed—after Ry1 is opened and Ry2 is closed and capacitor C is charged; the time for charging the capacitor C is equivalent to the recited time period) after start-up (e.g. [0007]: occurs at startup of the motor M).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuji et al. (US 2010/0214055 A1) in view of Johnson et al. (US 2007/0217390 A1), Jung et al. (US 2018/0261810 A1) and Yoshikawa et al. (US 2014/0159640 A1) as applied to claim 1 above, and further in view of Omae et al. (US 2012/0313467 A1).
Regarding claim 7, Fuji fails to explicitly disclose the switch includes a field effect transistor (FET). However, Omae teaches the switch includes a field effect transistor (FET) (Fig. 1: 18-19 & [0027]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have replace the relay of Fuji with the relay of Omae (relay includes MOSFET), since it is mere simple substitutions of one known element with another according to KSR, and the modification would have yielded only predictable results to one skilled in the art.
Claim(s) 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuji et al. (US 2010/0214055 A1) in view of Johnson et al. (US 2007/0217390 A1), Jung et al. (US 2018/0261810 A1) and Yoshikawa et al. (US 2014/0159640 A1) as applied to claim 1 above, and further in view of Yang (US 2008/0034532 A1).
Regarding claim 16, Fuji and Johnson in combination fails to disclose, but Yang teaches the first electrical path includes a temperature dependent resistor connected in series with the resistor (e.g. Fig. 1: 101 & [0021, 0026]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the teachings of Fuji with the teachings of Yang to include a temperature dependent resistor connected in series with a resistor to limit or maintain rated current output, since it is no more than simple substitutions of one known element with another (i.e. replace current limit elements of Fuji with current limit elements of Yang) according to KSR. Since both Fuji and Yang are intended to limit or maintain current output, the modification would have yielded only predictable results to one skilled in the art.
Regarding claim 17, Yang teaches a third resistance of the temperature dependent resistor increases when the temperature of the temperature dependent resistor increases (e.g. [0026]: inherent features of PTC).
Regarding claim 18, Yang teaches the temperature dependent resistor is a positive thermal coefficient (PTC) element (e.g. [0026]).
Regarding claim 19, Yang teaches the temperature dependent resistor is a first temperature dependent resistor and the first electrical path includes a second temperature dependent resistor connected in parallel with the first temperature dependent resistor (e.g. [0026]: any combination of resistance device, PTC, and inductive device connected in series, parallel or series-parallel).
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fuji et al. (US 2010/0214055 A1) in view of Johnson et al. (US 2007/0217390 A1), Jung et al. (US 2018/0261810 A1) and Yoshikawa et al. (US 2014/0159640 A1) as applied to claim 1 above, and further in view of Nakano et al. (US 2020/0127339 A1).
Regarding claim 20, Fuji and Johnson in combination fails to disclose, but Nakano teaches a circuit board including the electrical circuit such that the resistor, the temperature dependent resistor, and the switch are mounted to the circuit board (e.g. [0043] & Figs. 6, 8 and 12).
Fuji silent on how the electronic elements are connected together, but Nakano teaches the use of circuit board to connect all the electronic elements. Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the teachings of Fuji with the teachings of Nakano to mount electronic elements of a battery pack on a circuit board since it is no more than simple substitutions of one known element with another (i.e. replacing the connection method of Fuji with teachings of Nakano) according to KSR.
Regarding claim 21, Nakano teaches the battery terminal is mounted to the circuit board (e.g. [0043] & Figs. 6, 8 and 12).
Response to Arguments
In response to applicant’s arguments regarding “Jung and Yoshikawa do not teach the specific battery dimension recited in claim 1” and “the Office relies on hindsight from knowledge of the invention to combine Fuji, Johnson, Jung, and Yoshikawa, which is impermissible”, the examiner disagrees.
The examiner using disclosure of the instant application to broadly interpret the scope of the limitation (i.e. claimed battery dimension) recited in claim 1 is not hindsight from knowledge of the invention. As explained in the rejection(s) and stated in the specification of the instant application (e.g. Figures 2A-2B and paragraphs [0003, 0004, 00134, 00135]), the claimed battery pack is for use with existing handheld, motorized, and/or non-motorized devices (e.g. power tool and vehicle); thus, the examiner is broadly interpreting the battery pack is of a size/volume that could be used with or accommodated inside any existing or conventional handheld, motorized and/or non-motorized devices. Therefore, the conventional battery pack of the invention of Jung and Yoshikawa would have similar volume as the battery pack volume recited in claim 1, for example. And, since the general conditions (i.e. conventional battery pack for power tool and/or motorized vehicle) of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In response to applicant’s arguments with respect to “As Yoshikawa discloses, there is no need for a semiconductor switch within the battery pack to disconnect the battery cells”, the examiner disagrees.
Fuji discloses the claimed battery pack including an electrical circuit and a switch (e.g. Fig. 11: Ry1). Yoshikawa is cited for the purpose of showing it is known in the art to implement an electrical circuit within a battery pack. It would be obvious to one skilled in the art in view of the combination of Fuji and Yoshikawa to fit all the electrical circuit and switch of Fuji within a battery pack.
Claims 2-7 and 16-24 are unpatentable at least in view of the foregoing reason, and rejections set forth in current Office action.
Conclusion
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 KAWING CHAN whose telephone number is (571)270-3909. The examiner can normally be reached Mon-Fri 9am-5pm.
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/KAWING CHAN/Primary Examiner, Art Unit 2846