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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Claims 1-9 in the reply filed on 09/17/2025 is acknowledged.
Drawings
The drawings received on 09/26/2022 were reviewed and are acceptable.
Specification
The specification filed on 09/26/2022 was reviewed and is acceptable.
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.
Claim(s) 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Byun et al. (US 20080254359 A1, hereinafter Byun), in view of AnalogDevices AD9988 (https://www.analog.com/en/products/ad9988.html, hereinafter AnalogDevices).
Regarding Claim 1, Byun discloses the limitations regarding a battery pack (Byun, rechargeable battery, Abstract) comprising: at least one battery cell (Byun, rechargeable battery is provided including a bare cell, Abstract);
a printed circuit board (PCB) (Byun, a circuit is electrically coupled to the cell, Abstract).
a first RF port (Byun, antenna connection leads 45a of the connection terminal 45, [0034], Figure 1), and
a second RF port (Byun, antenna connection lead 45b of the connection terminal 45, [0034], Figure 1);
a first excitor connecting the PCB to the battery contact via the first RF port (Byun, first connection lead 47 for electrically coupling the charge/discharge circuit to the bare cell 40, and antenna leads 51a for connecting the antenna circuit 44 to the antenna assembly 50 through antenna connection leads 45a of connection terminal 45, [0034]); and
a second excitor connecting the PCB to the battery contact via the second RF port (Byun, second connection lead 49 for electrically coupling the charge/discharge circuit to the bare cell 40, and antenna leads 51b for connecting the antenna circuit 44 to the antenna assembly 50 through antenna connection leads 45b of connection terminal 45, [0034]); wherein:
While Byun discloses that the circuit receives a signal from the antenna assembly and relays the signal to an external device (Byun, [0033]), Byun is silent regarding a radio frequency (RF) chip.
AnalogDevices discloses an AD9988 Direct RF Receiver and Transmitter device that includes an RF chip. AnalogDevices teaches that the AD9988 features digital signal processing capabilities target at multiband direct to RF radio applications (AnalogDevices, AD9988).
Byun and AnalogDevices are analogous to the current invention as they are all directed towards RF signal and devices.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the AD9988 of AnalogDevices to be used as the external device of Byun, in order to process digital signals targeted at multiband direct to RF radio applications.
Modified Byun discloses the RF chip processes a signal (AnalogDevices, AD9988 features RF DAC/RF ADC RF frequency range up to 7.5 GHz and digital signal processing, AD9988) for transmission at one of a first frequency and a second frequency (Byun, two line antennas 455a, 455b are formed on a substrate, and there may be at least two frequency bands of the RF signal, [0054], Figure 4c),
when the signal is transmitted at the first frequency, the first RF port receives the signal from the RF chip and sends the signal to the battery contact via the first excitor, the first excitor resonates at the first frequency and energizes the at least one battery cell and the battery contact at the first frequency (Byun, the circuit 41 controls charge/discharge of the bare cell 40 and simultaneously provides a charge/discharge path. In addition, the circuit 41 receives a signal from the antenna assembly 50 and relays the signal to an external device. The circuit 41 includes a charge/discharge circuit 42 for controlling charge/discharge of the bare cell 40 and an antenna circuit 44 for relaying signal from the antenna assembly 50. The antenna circuit 44 may include a basic filter circuit like a surface acoustic wave (SAW) filter, but is not limited thereto, [0033], Figure 1), and
when the signal is transmitted at the second frequency, the second RF port receives the signal from the RF chip and sends the signal to the battery contact via the second excitor, the second excitor resonates at the second frequency and energizes the at least one battery cell and the battery contact at the second frequency (Byun, the circuit 41 controls charge/discharge of the bare cell 40 and simultaneously provides a charge/discharge path. In addition, the circuit 41 receives a signal from the antenna assembly 50 and relays the signal to an external device. The circuit 41 includes a charge/discharge circuit 42 for controlling charge/discharge of the bare cell 40 and an antenna circuit 44 for relaying signal from the antenna assembly 50. The antenna circuit 44 may include a basic filter circuit like a surface acoustic wave (SAW) filter, but is not limited thereto, [0033], Figure 1).
Byun further discloses that two kinds of line antennas 455 may be formed by dividing the substrate 454 into two regions and forming the line antenna 455a for receiving a first signal on one region and forming the line antenna 455b for receiving a second signal on the other region without an additional substrate. In this case, the line patterns of each line antenna are spaced apart from each other by a sufficient distance to prevent signal interruption, and separate antenna leads may be used for each line antenna 455a, 455b (Byun, [0054-0055]).
Regarding Claim 2, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract).
With respect to the limitations the at least one battery cell resonates at a same frequency as the battery contact, it is submitted that such limitations are simply measurements of, and thus descriptions of, inherent properties of the recited battery of modified Byun.
Applicant discloses by exciting the battery contacts to a transmission frequency, the battery contacts may resonate the battery cells at the same frequency, allowing the battery cells to aid in transmitting a signal (see Instant Specification [0014]).
Accordingly, it is reasonably interpreted that the battery contacts resonating at a desired frequency is critical to the recited battery cell resonance such that it would fulfil the recited measurements and necessarily possess the inherent properties.
Modified Byun discloses the antenna assembly 50 is attached to the surface of the bare cell 40 (Byun, [0040], Figure 1; the Examiner notes that the antenna resonates when receiving/transmitting a signal, so since the antenna is attached to the surface of the cell, the cell is expected to resonate as well).
It is submitted that battery contact resonance causes the battery cell to resonate such that the battery of modified Byun would reasonably possess the same properties and exhibit the same results.
Therefore, based upon such substantial similarities, it appears reasonable that the battery of modified Byun would inherently possess physical properties, e.g. resonance, such that the battery of modified Byun would necessarily fulfill the recited limitations, i.e. at least one battery cell resonates at a same frequency as the battery contact.
Assuming, arguendo, that such properties are not inherent, it is submitted that before the effective filing date of the current invention, one having ordinary skill in the art would find such properties obvious over the instantly claimed battery. The skilled artisan would reasonably find that the disclosed battery of modified Byun is so similar to the instant battery that the prior art battery of modified Byun would also exhibit at least one battery cell resonates at a same frequency as the battery contact.
Regarding Claim 3, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract), wherein: the first excitor has a first length; the second excitor has a second length; and the second length is different than the first length (Byun, a length of each of the two space antenna patterns are different from each other, and the rechargeable battery can receive RF signals in different frequency bands by forming two antenna patterns on a substrate so as to realize multi-function, [0022, 0077]).
Regarding Claim 4, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract), wherein the first length corresponds to a first signal wavelength associated with the first frequency and the second length corresponds to a second signal wavelength associated with the second frequency (Byun, a length of each of the two space antenna patterns are different from each other, and the rechargeable battery can receive RF signals in different frequency bands by forming two antenna patterns on a substrate so as to realize multi-function, [0022, 0077]).
Regarding Claim 5, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract), wherein the battery contact contacts a negative end of the battery cell (Byun, the antenna assembly 50 is attached to the surface of the bare cell 40, and the can is used as the negative electrode and used as a ground of the antenna assembly, [0032, 0040], Figure 1).
Regarding Claim 7, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract), wherein the RF chip determines whether the signal is one of the first frequency and the second frequency based on bandwidth of traffic (AnalogDevices, the AD9988 has transmitter/receiver channel bandwidth up to 1.2 GHz (4T4R), and RF DAC/RF ADC RF frequency range up to 7.5 GHz, AD9988).
Regarding Claim 8, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract), wherein the RF chip selects the first frequency and the second frequency in sequence to transmit the signal (AnalogDevices, the AD9988 has transmitter/receiver channel bandwidth up to 1.2 GHz (4T4R), and RF DAC/RF ADC RF frequency range up to 7.5 GHz, AD9988).
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Byun et al. (US 20080254359 A1, hereinafter Byun), in view of AnalogDevices AD9988 (https://www.analog.com/en/products/ad9988.html, hereinafter AnalogDevices), as applied to Claim 1 above, and further in view of Dabak et al. (US 20040071118 A1, hereinafter Dabak)
Regarding Claim 6, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract). Modified Byun is silent regarding the signal being an ultra-wide band signal.
However, Dabak discloses that ultra-wide band communications systems can operate within a frequency range of 3.1 GHz to 10.6 GHz (Dabak, [0048]).
Dabak teaches that a reason to use only a portion of the available frequency range would be to specifically avoid known interferers. Dabak further teaches that a UWB communication system may transmit in multiple frequency ranges inside the permitted frequency range, so that a receiver may be able to select each of the frequency ranges and operate on each of the frequency ranges separately rather than process the entire frequency range as a single entity (Dabak, [0048]).
Modified Byun and Dabak are analogous to the current invention as they are all directed towards a radio frequency system.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the battery of modified Byun to operate at a frequency range within 3.1 GHz to 10.6 GHz and to operate in smaller ranges within the permitted range, in order to avoid known interferers and to prevent the receiver from processing the entire frequency range.
Regarding Claim 9, modified Byun discloses all of the claim limitations as set forth above. Modified Byun discloses a battery pack (Byun, rechargeable battery, Abstract).
With respect to the limitations of the first frequency is 7.5 GHz and the second frequency is 5.5 GHz, modified Byun discloses that ultra-wide band communications systems can operate within a frequency range of 3.1 GHz to 10.6 GHz, and use of only a portion of the available frequency range would be to specifically avoid known interferers, (Dabak, [0048]; the disclosed range of 3.1 GHz to 10.6 GHz overlaps the claimed first and second frequency of 7.5 GHz and 5.5 GHz, respectfully).
It is further disclosed that a length of each of the two space antenna patterns are different from each other, and the rechargeable battery can receive RF signals in different frequency bands by forming two antenna patterns on a substrate so as to realize multi-function (Byun, [0022, 0077]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely modify the frequency bands of Byun by using a known technique of adjusting the antenna pattern length to change the frequency to a first frequency of 7.5 GHz and a second frequency of 5.5 GHz, as claimed, to achieve a predictable result of obtaining a clearer signal by avoiding known interferers.
In addition, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed ranges because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20140287274 A1 discloses a battery pack with antenna (Title);
US 20090303138 A1 discloses a wireless device having a dual-function battery antenna (Title).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.N./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752