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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/17/2026 has been entered.
Response to Amendment
Applicant’s amendment filed 02/17/2026 has been entered. Claims 1-15 remain pending. Applicant’s amendment to Claims 1 and 9 overcome the 35 U.S.C. 112(a) rejection of Claims 1-15.
Response to Arguments
Applicant's arguments, see Pages 10-12, filed 02/17/2026 with respect to the 35 U.S.C. 103 rejection of Claims 1 and 9 have been fully considered but they are not persuasive. Applicant argues on Page 10 that previously disclosed prior arts Hamaguchi, Yamada, Hayashi, Kubota, and Taniguchi fail to disclose the features of “based on whether the charging history data of charging the battery to the maximum capacity is stored in the memory, selectively use at least one of an initial data table stored in the memory or stored charging history data with respect to the charging state of the battery to determine the remaining capacity of the battery" as recited in amended claim 1. Applicant details paragraph [0139] and [0140] of Kubota as not teaching the limitation.
Examiner respectfully disagrees. A new grounds of rejection under 35 U.S.C. 103 is presented with previously disclosed prior art Hayashi (US20080290833; US Publication of US Patent US8106624B2) in view of previously disclosed prior art Yamada (US20200245690). Hayashi teaches in Figure 19 and [0142]-[0149] a process which includes checking whether identification data is registered and if it is not it generates an charged state data table [i.e. charging history data]. If the identification data is registered, then it access the charged state data table and reads it in. It further details using this data for the remaining capacity calculation. Thus Hayashi teaches the claimed limitation. Applicant’s arguments with respect to Kubota are rendered moot as Kubota is not utilized in the rejection.
Claim Rejections - 35 USC § 103
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 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hayashi (US20080290833) in view of Yamada (US20200245690)
In regards to Claim 1, Hayashi teaches “a memory (charge control microcomputer with ROM and RAM – Figure 1); and
a controller configured to determine a remaining capacity of the battery during a charging state of the battery (“Referring again to FIG. 19, in the step S217, the control microcomputer 308 calculates the remaining capacity of the battery pack 128 based on the full charge capacity data, the temperature, the charge-time temperature data, the charge-time temperature characteristic data, and the charged state data 1 and 2 (remaining capacity-calculating process)” – [0169]; “According to the above described embodiment, it is possible to accurately manage the charge-time charged state of the battery pack 128 being charged by the charging device 101. Further, it is possible to accurately manage the remaining capacity of the battery pack 128 mounted on the electronic device 301 and display the remaining capacity with higher accuracy” – [0195]),
wherein the controller is configured to:
determine whether charging history data of charging the battery to a maximum capacity is stored in the memory (“Then, in a step S204, the control microcomputer 308 determines whether or not the identification data read out in the step S203 has been stored (registered) in the ROM thereof. If the identification data has not been registered in the ROM of the control microcomputer 308, the process proceeds to a step S205, whereas if the identification data has been registered in the ROM, the process proceeds to a step S208” – [0143]; Figures 11, 15, 17, and 26 details the charge-time charged state data table including which includes full [i.e. maximum capacity]; “The charged state data 1 and the charged state data 2 [i.e. charge history data] each indicate the charged state of the battery pack 128. The charge count data stores a count of the number of times of rewriting of the charged state data 1 by incrementing the count whenever the charged state data 1 is rewritten, for managing charge cycles of the battery pack 128. In the present embodiment, twelve-time rewriting of the charged state data 1 or one hundred-time rewriting of the charged state data 2 is defined as one charge cycle” – [0072]);
based on whether the charging history data of charging the battery to the maximum capacity is stored in the memory, selectively use at least one of an initial data table stored in the memory or stored charging history data with respect to the charging state of the battery to determine the remaining capacity of the battery (“Then, in a step S204, the control microcomputer 308 determines whether or not the identification data read out in the step S203 has been stored (registered) in the ROM thereof. If the identification data has not been registered in the ROM of the control microcomputer 308, the process proceeds to a step S205, whereas if the identification data has been registered in the ROM, the process proceeds to a step S208” – [0143]; “The ROM of the control microcomputer 308 stores, in advance, identification data items associated with respective battery pack models and discharge-time charged state data tables [i.e. charge state history] associated with the respective identification data items. The control microcomputer 308 reads out a discharge-time charged state data table associated with the identification data read out in the step S103 from the ROM thereof” – [0144]; “On the other hand; if the identification data and the discharge-time charged state data table associated with the identification data are not stored in the ROM of the control microcomputer 308, the steps S205 and the following steps S206 and S207 are executed. This is because when the electronic device 301 had been sold before the battery pack became commercial as a new product, the identification data of the new battery pack and a discharge-time charged state data table associated with the identification data have not been stored yet in the ROM of the control microcomputer 308” – [0145]);
based on the charging history data not being stored in the memory, determine the remaining capacity of the battery using the initial data table stored in the memory pertaining to at least one of charging current or charging time with respect to the charging state of the battery (“In the step S205, the control microcomputer 308 reads out the discharging characteristics data from the nonvolatile memory 133 of the battery pack 128. In reading out the discharging characteristics data, the control microcomputer 308 executes the data reading process shown in FIG. 5” – [0146]; “Then, in the step S206, the control microcomputer 308 generates a discharge-time charged state data table [i.e. initial data table] based on the discharging characteristics data read out in the step S205. The control microcomputer 308 generates the discharge-time charged state data table by applying numerical values read out as the discharging characteristics data to an empty data table” – [0147]; “Next, in the step S207, the control microcomputer 308 registers (stores) the identification data read out in the step S203 and the discharge-time charged state data table generated in the step S206 in the RAM in a state associated with each other, followed by the process proceeding to the step S208” – [0148]; “Referring again to FIG. 19, in the step S217, the control microcomputer 308 calculates the remaining capacity of the battery pack 128 based on the full charge capacity data, the temperature, the charge-time temperature data, the charge-time temperature characteristic data, and the charged state data 1 and 2 (remaining capacity-calculating process)” – [0169]);
based on the charging history data being stored in the memory, determine the remaining capacity of the battery based on the stored charging history data with respect to the charging state of the battery (“The ROM of the control microcomputer 308 stores, in advance, identification data items associated with respective battery pack models and discharge-time charged state data tables associated with the respective identification data items. The control microcomputer 308 reads out a discharge-time charged state data table associated with the identification data read out in the step S103 from the ROM thereof” – [0144]; “Referring again to FIG. 19, in the step S217, the control microcomputer 308 calculates the remaining capacity of the battery pack 128 based on the full charge capacity data, the temperature, the charge-time temperature data, the charge-time temperature characteristic data, and the charged state data 1 and 2 (remaining capacity-calculating process)” – [0169]); and
charge the battery based on the determined remaining capacity (“According to the above described embodiment, it is possible to accurately manage the charge-time charged state of the battery pack 128 being charged by the charging device 101. Further, it is possible to accurately manage the remaining capacity of the battery pack 128 mounted on the electronic device 301 and display the remaining capacity with higher accuracy” – [0195])”
Hayashi is silent with regards to the language of “a heater configured to heat an aerosol-generating substance; a battery configured to supply electric power to the heater.”
Yamada teaches “a heater configured to heat an aerosol-generating substance (“In place of a cigarette, an inhalation component generation device (an electronic cigarette) for tasting an inhalation component, that is generated by vaporizing or atomizing a flavor source such as tobacco and so on and an aerosol source by a load such as a heater, has been suggested (Patent Literatures 1-8). The inhalation component generation device comprises a load for vaporizing or atomizing a flavor source and/or an aerosol source, an electric power source [i.e. battery] for supplying electric power to the load, and a control unit for controlling the load and the electric power source” – [0003]);
a battery configured to supply electric power to the heater (“The inhalation component generation device comprises a load for vaporizing or atomizing a flavor source and/or an aerosol source, an electric power source [i.e. battery] for supplying electric power to the load, and a control unit for controlling the load and the electric power source” – [0003]).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi to incorporate the teaching of Yamada to utilize a heater in the aerosol-generating device to heat the aerosol-generating substance. The incorporation of a battery with charging for an inhalation device is an improvement that yields predictable results for the charging and discharging of a battery that provides power to a load.
In regards to Claim 9, Hayashi teaches “determining whether charging history data of charging a battery to a maximum capacity is stored in a memory (“Then, in a step S204, the control microcomputer 308 determines whether or not the identification data read out in the step S203 has been stored (registered) in the ROM thereof. If the identification data has not been registered in the ROM of the control microcomputer 308, the process proceeds to a step S205, whereas if the identification data has been registered in the ROM, the process proceeds to a step S208” – [0143]; Figures 11, 15, 17, and 26 details the charge-time charged state data table including which includes full [i.e. maximum capacity]; “The charged state data 1 and the charged state data 2 [i.e. charge history data] each indicate the charged state of the battery pack 128. The charge count data stores a count of the number of times of rewriting of the charged state data 1 by incrementing the count whenever the charged state data 1 is rewritten, for managing charge cycles of the battery pack 128. In the present embodiment, twelve-time rewriting of the charged state data 1 or one hundred-time rewriting of the charged state data 2 is defined as one charge cycle” – [0072]);
determining a remaining capacity of the battery selectively using at least one of an initial data table stored in the memory or stored charging history data with respect to the charging state of the battery based on whether charging history data of charging the battery to the maximum capacity is stored in the memory (“Then, in a step S204, the control microcomputer 308 determines whether or not the identification data read out in the step S203 has been stored (registered) in the ROM thereof. If the identification data has not been registered in the ROM of the control microcomputer 308, the process proceeds to a step S205, whereas if the identification data has been registered in the ROM, the process proceeds to a step S208” – [0143]; “The ROM of the control microcomputer 308 stores, in advance, identification data items associated with respective battery pack models and discharge-time charged state data tables [i.e. charge state history] associated with the respective identification data items. The control microcomputer 308 reads out a discharge-time charged state data table associated with the identification data read out in the step S103 from the ROM thereof” – [0144]; “On the other hand; if the identification data and the discharge-time charged state data table associated with the identification data are not stored in the ROM of the control microcomputer 308, the steps S205 and the following steps S206 and S207 are executed. This is because when the electronic device 301 had been sold before the battery pack became commercial as a new product, the identification data of the new battery pack and a discharge-time charged state data table associated with the identification data have not been stored yet in the ROM of the control microcomputer 308” – [0145]); and
charging the battery based on the determined remaining capacity (“According to the above described embodiment, it is possible to accurately manage the charge-time charged state of the battery pack 128 being charged by the charging device 101. Further, it is possible to accurately manage the remaining capacity of the battery pack 128 mounted on the electronic device 301 and display the remaining capacity with higher accuracy” – [0195]),
wherein the determining the remaining capacity comprises:
based on the charging history data not being stored in the memory, determining the remaining capacity of the battery using the initial data table stored in the memory pertaining to at least one of charging current or charging time with respect to the charging state of the battery (“In the step S205, the control microcomputer 308 reads out the discharging characteristics data from the nonvolatile memory 133 of the battery pack 128. In reading out the discharging characteristics data, the control microcomputer 308 executes the data reading process shown in FIG. 5” – [0146]; “Then, in the step S206, the control microcomputer 308 generates a discharge-time charged state data table [i.e. initial data table] based on the discharging characteristics data read out in the step S205. The control microcomputer 308 generates the discharge-time charged state data table by applying numerical values read out as the discharging characteristics data to an empty data table” – [0147]; “Next, in the step S207, the control microcomputer 308 registers (stores) the identification data read out in the step S203 and the discharge-time charged state data table generated in the step S206 in the RAM in a state associated with each other, followed by the process proceeding to the step S208” – [0148]; “Referring again to FIG. 19, in the step S217, the control microcomputer 308 calculates the remaining capacity of the battery pack 128 based on the full charge capacity data, the temperature, the charge-time temperature data, the charge-time temperature characteristic data, and the charged state data 1 and 2 (remaining capacity-calculating process)” – [0169]); and
based on the charging history data being stored in the memory, determining the remaining capacity of the battery based on the stored charging history data with respect to the charging state of the battery (“The ROM of the control microcomputer 308 stores, in advance, identification data items associated with respective battery pack models and discharge-time charged state data tables associated with the respective identification data items. The control microcomputer 308 reads out a discharge-time charged state data table associated with the identification data read out in the step S103 from the ROM thereof” – [0144]; “Referring again to FIG. 19, in the step S217, the control microcomputer 308 calculates the remaining capacity of the battery pack 128 based on the full charge capacity data, the temperature, the charge-time temperature data, the charge-time temperature characteristic data, and the charged state data 1 and 2 (remaining capacity-calculating process)” – [0169])”
Hayashi is silent with regards to the language of “a memory of the aerosol-generating device.”
Yamada teaches “a memory of the aerosol-generating device (“In place of a cigarette, an inhalation component generation device (an electronic cigarette) for tasting an inhalation component, that is generated by vaporizing or atomizing a flavor source such as tobacco and so on and an aerosol source by a load such as a heater, has been suggested (Patent Literatures 1-8). The inhalation component generation device comprises a load for vaporizing or atomizing a flavor source and/or an aerosol source, an electric power source [i.e. battery] for supplying electric power to the load, and a control unit for controlling the load and the electric power source” – [0003]; Figure 4 details the inhalation component generation device with control unit and memory 58)”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi to incorporate the teaching of Yamada to utilize a heater in the aerosol-generating device to heat the aerosol-generating substance. The incorporation of a battery with charging for an inhalation device is an improvement that yields predictable results for the charging and discharging of a battery that provides power to a load.
Allowable Subject Matter
Claims 2-8 and 10-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regards to Claims 2 and 10, Hayashi in view of Yamada are silent with regards to the language of “wherein the determination of whether the charging history data is stored in the memory is based on a voltage of the battery being greater than or equal to a predetermined voltage level, and wherein based on the voltage of the battery being less than the predetermined voltage level, the controller is configured to determine the remaining capacity of the battery based on the voltage of the battery.” It would not be obvious to one of ordinary skill in the art to modify Hayashi in view of Yamada to determine whether the charging history data is stored based on the voltage of the battery being greater than (or equal to) a predetermined voltage level.
In regards to Claims 4 and 12, Hayashi in view of Yamada are silent with regards to the language of “wherein the initial data table includes a plurality of reference remaining capacities of the battery respectively mapped to a plurality of reference elapsed times from when a voltage of the battery reaches the predetermined voltage level during charging, and wherein the controller is further configured to determine the remaining capacity of the battery using the initial data table stored in the memory by: determining a reference remaining capacity from the initial data table mapped to a time elapsed since the voltage of the battery reached the predetermined voltage level.”
Kubota teaches in [0102] calculations with periods of time elapsed, but does not detail a table that relates the elapsed time to the remaining capacity.
Okawa (JP2004191150A) teaches in the 8th paragraph a remaining capacity estimation unit stores a table of the self-discharge rate using parameters including time elapsed since start of self-discharge, temperature during self-discharge, and the type of secondary battery.
Ochiai (JP2004297852A) teaches in [0022] the memory stores a map with reference to Figure 4 that shows a relationship between the open circuit voltage and elapsed time in a data table consisting of multiple data, and that the map showing the relationship between the open circuit voltage and remaining capacity in a data table.
It would not be obvious to one of ordinary skill in the art to modify Hayashi in view of Yamada, Kubota (US20080122400) and in addition Okawa or Ochiai to incorporate the teaching of an initial data table with a plurality of reference remaining capacities mapping to a plurality of reference elapsed times in relation to a predetermined voltage level during charging.
In regards to Claims 5 and 13, Hayashi in view of Yamada is silent with regards to the language of “wherein the charging history data includes information on a time period from when a voltage of the battery is equal to a predetermined voltage level to when the battery is charged to the maximum capacity, and wherein the controller is further configured to determine the remaining capacity of the battery based on the charging history data by: calculating a ratio of a time elapsed since the voltage of the battery reached the predetermined voltage level to the time period included in the charging history data, and determining the remaining capacity being equal to a sum of an additional charged capacity corresponding to the ratio and a remaining capacity corresponding to the predetermined voltage level.” It would not be obvious to one of ordinary skill in the art to modify Hayashi in view of Yamada to incorporate the teaching of calculating a ratio of time elapsed since the voltage reached the predetermined level and determining the remaining capacity being equal to a sum of an additional charged capacity corresponding to the ratio.
In regards to Claims 3 and 11, Hayashi in view of Yamada is silent with regards to the language of “the controller is configured to:
based on a voltage of the battery being less than a predetermined voltage level, control charging of the battery such that a current flowing through the battery is maintained at a first current level;
based on the voltage of the battery being greater than or equal to the predetermined voltage level, control charging of the battery such that the voltage of the battery is maintained at the predetermined voltage level;
calculate a time period from when the voltage of the battery becomes greater than or equal to the predetermined voltage level to when the current flowing through the battery becomes less than or equal to a second current level, wherein the second current level is lower than the first current level; and
based on the current flowing through the battery being less than or equal to the second current level and based on the charging history data not being already stored in the memory, generate and store in the memory charging history data including the calculated time period as a constant-voltage charging time.” It would not be obvious to one of ordinary skill in the art to modify Hayashi in view of Yamada to incorporate the teaching of calculating a time period relating to the voltage greater than or equal to a predetermined level and when the current is less than or equal to a second current level as means to determine when to generate and store in the memory the charging history data.
Claims 6-8 are dependent on Claim 3. Claims 14-15 are dependent on Claim 11.
Conclusion
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/YOSSEF KORANG-BEHESHTI/Examiner, Art Unit 2857
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