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 .
Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Status of the Claims
This is a Final Office Action in response to Applicant’s amendment of 09/22/2025. Claims 1-20 are pending and have been considered as follows.
Response to Amendment and/or Argument
Applicant’s amendments and/or arguments with respect to the Claim Rejections of Claims 1-20 under 35 U.S.C. 101 as set forth in the office action 22 May 2025 have been considered and are persuasive. Therefore, the Claim Rejections of Claims 1-20 under 35 U.S.C. 101 as set forth in the office action 22 May 2025 have been withdrawn.
Applicant’s arguments with respect to claim(s) 1 and 14 under 35 U.S.C. 103 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.
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.
Claim(s) 1, 3-5, 8-11, 14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Thornton et al. ("Thermal strategies for long duration mobile lunar surface missions" hereinafter Thornton) in view of Ganguly (US 2019/0322154 A1).
Regarding Claim 1 (similarly claims 8-9 and 14), Thornton teaches A vehicle (see at least Fig.2 ), comprising:
a plurality of ground-engaging members(see at least Fig.2-3); and
a controller supported by the plurality of ground-engaging members (see at least Fig.2-3: E-box ), comprising:
a processor (see at least Fig.2-3: E-box); and
a memory storing instructions that, when executed by the processor(see at least Fig.2-3: E-box), cause the controller to perform a set of operations, comprising:
identifying a set of candidate features in an environment of the vehicle; (see at least Fig. 1-3 section II: The Bedrock/boulder, Lava tube and Polar Crater floor of the “Concept of Operations” shown in Figure 1 (corresponds to candidate features of the environment for managing a temperature of the vehicle), Rovers can adapt to their environments in order to achieve long duration mobile robot missions. “Stay warm” surface systems must find an external source of heat for survival which is achieved by pursuing the sun or seeking shelter to overcome lunar nights. Diviner results suggest that shelters such as boulders and collapsed lava tubes maintain considerable heat far into the lunar night. Shelter-seeking rovers hibernate in the vicinity of these warm thermal masses. Fig. 1 illustrated set of candidate features in the environment of vehicle for managing a thermal condition of the vehicle.)
ranking, based on a thermal goal for the vehicle and a thermal condition for each candidate feature of the set of candidate features, the set of candidate features; (see at least Fig. 1: The “Concept of Operations”, shown in Figure 1, describes how each class of rover operates on the lunar surface. Some avoid night temperatures by circumnavigating the moon and thus staying ahead of the dusk terminator; others operate only in areas of persistent light so that periods of cold darkness are minimized. Diviner results suggest that shelters such as boulders and collapsed lava tubes maintain considerable heat far into the lunar night. Shelter-seeking rovers hibernate in the vicinity of these warm thermal masses. Artificial thermal masses, called thermal wadis, are created by fusing regolith into warmth-retaining heat pads. Multiple thermal oases can be used on successive lunar nights to traverse long distances. Figure 1 illustrates the benefits and issues of candidate features that can provide thermal protection for vehicle/rover.)
selecting, from the ranked set of candidate features, a candidate feature of the environment to manage a temperature of the vehicle; (see at least Fig. 1: The “Concept of Operations”, shown in Figure 1, describes how each class of rover operates on the lunar surface. Some avoid night temperatures by circumnavigating the moon and thus staying ahead of the dusk terminator; others operate only in areas of persistent light so that periods of cold darkness are minimized. Diviner results suggest that shelters such as boulders and collapsed lava tubes maintain considerable heat far into the lunar night. Shelter-seeking rovers hibernate in the vicinity of these warm thermal masses. Artificial thermal masses, called thermal wadis, are created by fusing regolith into warmth-retaining heat pads. Multiple thermal oases can be used on successive lunar nights to traverse long distances. A suitable candidate feature can be selected to provide thermal protection for the rover based on a distance, available/suitability for protecting the vehicle (e.g. if the vehicle can access the feature)) and
It may be alleged that Thornton does not explicitly teach identifying, as part of maneuvering to a destination location, a set of candidate features in an environment of the vehicle between a current location of the vehicle and the destination location;
generating an indication to maneuver the vehicle to the selected candidate feature, thereby causing operation of the vehicle to maneuver toward the destination location via the selected candidate feature.
Ganguly is directed to vehicle thermal control system, Ganguly teaches identifying, as part of maneuvering to a destination location, a set of candidate features in an environment of the vehicle between a current location of the vehicle and the destination location; (see at least Fig. 6-7 [0015-0052]: Determining a route from the beginning location 96 to the destination 98 based at least an energy cost associate with effecting the cabin climate control setting under the external conditions. The route 100 is chosen over a route branch 104 based on a map 94 generated on a hot summer day and the nearby bodies of water may provide a cooling effect that results in lower temperature along the lakes (i.e. a candidate feature(s)) as estimated at the time of predicted travel through the route, compared to the route branch 104 which would direct the vehicle through the middle of empty landscape without shelter from the hot sun (i.e. a candidate feature(s)). That is, the system identifies a set of candidate features (i.e. lakes/water bodies and empty landscape) in the environment between a current location and a destination. )
ranking, based on a thermal goal for the vehicle and a thermal condition for each candidate feature of the set of candidate features, the set of candidate features; (see at least Fig. 6-7 [0015-0052]: Determining a route from the beginning location 96 to the destination 98 based at least an energy cost associate with effecting the cabin climate control setting under the external conditions. The route 100 is chosen over a route branch 104 based on a map 94 generated on a hot summer day and the nearby bodies of water may provide a cooling effect that results in lower temperature along the lakes (i.e. a candidate feature(s)) as estimated at the time of predicted travel through the route, compared to the route branch 104 which would direct the vehicle through the middle of empty landscape without shelter from the hot sun (i.e. a candidate feature(s)). Under these circumstances, the route 100 would require less energy in the form of fuel to maintain the cabin of the vehicle at the same comfortable temperature as compared to the route branch 104 . Accordingly, the method may select the route 100 based on at least the associated energy cost when providing navigation for the driver. Examiner notes that each candidate feature has a thermal condition associated with it (i.e., lower temp near bodies of water and higher temp in empty landscape without shelter), and there Is a thermal goal for the vehicle because the stated goal “require less energy to maintain the cabin of the vehicle at the same comfortable temperature as compared to route branch 104” is a thermal goal for the vehicle that minimizes thermal load and/or minimize energy for climate control; the selection of route 100 over branch 104 means that the system compares (i.e. ranks) the candidate feature and chose the candidate feature with cooling effects that reduces a thermal load of a vehicle.)
selecting, from the ranked set of candidate features, a candidate feature of the environment to manage a temperature of the vehicle; (see at least Fig. 6-7 [0015-0052]: Determining a route from the beginning location 96 to the destination 98 based at least an energy cost associate with effecting the cabin climate control setting under the external conditions. The route 100 is chosen over a route branch 104 based on a map 94 generated on a hot summer day and the nearby bodies of water may provide a cooling effect that results in lower temperature along the lakes (i.e. a candidate feature(s)) as estimated at the time of predicted travel through the route, compared to the route branch 104 which would direct the vehicle through the middle of empty landscape without shelter from the hot sun (i.e. a candidate feature(s)). Under these circumstances, the route 100 would require less energy in the form of fuel to maintain the cabin of the vehicle at the same comfortable temperature as compared to the route branch 104 . Accordingly, the method may select the route 100 based on at least the associated energy cost when providing navigation for the driver. That is, route 100 is selected because it includes the environmental cooling features that provides better thermal management (i.e. reducing cabin thermal load by using lower HVAC energy).) and
generating an indication to maneuver the vehicle to the selected candidate feature, thereby causing operation of the vehicle to maneuver toward the destination location via the selected candidate feature. (see at least Fig. 6-7 [0015-0052]: Determining a route from the beginning location 96 to the destination 98 based at least an energy cost associate with effecting the cabin climate control setting under the external conditions. The route 100 is chosen over a route branch 104 based on a map 94 generated on a hot summer day and the nearby bodies of water may provide a cooling effect that results in lower temperature along the lakes (i.e. a candidate feature(s)) as estimated at the time of predicted travel through the route, compared to the route branch 104 which would direct the vehicle through the middle of empty landscape without shelter from the hot sun (i.e. a candidate feature(s)). Under these circumstances, the route 100 would require less energy in the form of fuel to maintain the cabin of the vehicle at the same comfortable temperature as compared to the route branch 104 . Accordingly, the method may select the route 100 based on at least the associated energy cost when providing navigation for the driver.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Thornton’s lunar surface system’s thermal strategies to incorporate the technique of identifying, as part of maneuvering to a destination location, a set of candidate features in an environment of the vehicle between a current location of the vehicle and the destination location; and generating an indication to maneuver the vehicle to the selected candidate feature, thereby causing operation of the vehicle to maneuver toward the destination location via the selected candidate feature.as taught by Ganguly with reasonable expectation of success because conserving energy through thermal-optimized routing allows the vehicle to travel further and complete missions that otherwise would exceed the energy budget.
Regarding Claim 3, the combination of Thornton in view of Ganguly teaches The vehicle of claim 1,
Thornton further teaches wherein ranking the set of candidate features comprises generating, for each candidate feature, an estimated thermal effect of the feature on the vehicle based on the thermal condition for the candidate feature. (see at least Fig. 1 section IV: it is advantageous to supplement batteries with external heat such as boulder or lava tube. The morphology of these shelters may necessitate a bimodal feature to accept heat at night on surfaces that are covered with insulation during the day. As illustrated in Fig. 1, thermal effects and issues for each candidate feature are listed.)
Regarding Claim 4, the combination of Thornton in view of Ganguly teaches The vehicle of claim 1,
Thornton further teaches wherein ranking the set of candidate features comprises determining, for each candidate feature, an associated cost associated with the candidate feature. (see at least Fig. 1 section IV: it is advantageous to supplement batteries with external heat such as boulder or lava tube. The morphology of these shelters may necessitate a bimodal feature to accept heat at night on surfaces that are covered with insulation during the day. As illustrated in Fig. 1, thermal effects and issues for each candidate feature are listed.)
Regarding claim 18, the combination of Thornton in view of Ganguly teaches The computer storage media of claim 14,
Thornton further teaches wherein the first feature is determined based on a first thermal goal and the second feature is determined based on a second thermal goal. (see at least Fig. 1 section I-II: a rover parking on/near boulder will allow the rover to accept radiative heat during night times (e.g. thermal goal of accepting/receiving heat), and parking inside lave tube (e.g. thermal goal of losing least amount of heat) during night time would ensure the rover stay warm; and/or operating on polar crater rims or polar mountain peaks to stay in the sun (e.g. thermal goal of staying in the sun to stay warm) illustrated in Fig. 1)
Regarding Claims 5 and 19, the combination of Thornton in view of Ganguly teaches The vehicle and the computer storage media of claims 1 and 18,
Thornton further teaches wherein the thermal goal for the vehicle is determined based on:
a temperature sensor of the vehicle corresponding to the temperature; (see at least Fig. 1-6 section III: The results of the thermal simulation include rover temperature profiles for the end of the lunar night (t=354 hours) and time history data for the temperatures of selected robot components throughout the lunar night. Simulation data for the baseline rover show that temperatures of all robot components drop rapidly at the start of the lunar night. A critical temperature (Tcrit) of -50°C is used as a minimum operating temperature for thermally sensitive electronic components. In the baseline case, the electronics box drops below Tcrit within 3 hours. By the end of the lunar night, all of the robot components drop below the regolith temperature of -156°C. The results show that adding an MLI cover to the radiator does significantly slow the rate of heat loss for both the radiator and the electronics box.) and
a minimum operating temperature or a maximum operating temperature associated with the temperature sensor. (see at least Fig. 1-6: thermal switches)
Regarding Claim 10, the combination of Thornton in view of Ganguly teaches The method of claim 8,
Thornton further teaches wherein the set of candidate features is identified based at least in part on a range of bearings in relation to a heading of the vehicle. (see at least Fig. 1 section I-II: “Stay Warm” surface systems must find an external source of heat for survival. This is achieved by pursuing the sun or seeking shelter to overcome lunar nights. As shown in Fig. 1, the rover continually drive west to stay in the sun, or locate bounder within daytime operating range)
Regarding Claims 11 and 16, the combination of Thornton in view of Ganguly teaches The method and the computer storage media of claims 8 and 14,
Thornton further teaches wherein the estimated thermal effect for each candidate feature is generated using a model based on a thermal condition for the candidate feature. (see at least Fig. 1 section I-II: a rover parking on/near boulder will allow the rover to accept radiative heat during night times (e.g. a radiative heat transfer model), and parking inside lave tube (e.g. heat insulation model) during night time would ensure the rover stay warm illustrated in Fig. 1)
Regarding claim 20, the combination of Thornton in view of Ganguly teaches The computer storage media of claim 18,
Thornton further teaches wherein the first thermal goal and the second thermal goal are the same. (see at least Fig. 1 section I-II: a rover parking on/near boulder will allow the rover to accept radiative heat during night times, and parking inside lave tube during night time would ensure the rover stay warm; and/or operating on polar crater rims or polar mountain peaks to stay in the sun in order to for the rover to stay warm illustrated in Fig. 1).
Claim(s) 2, 6-7, 12-13, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Thornton in view of Ganguly and Matsumura (US 2019/0101922 A1).
Regarding Claims 2 and 15, the combination of Thornton in view of Ganguly teaches The vehicle and the computer storage media of claims 1 and 14,
the combination of Thornton in view of Ganguly does not explicitly teach wherein the set of candidate features is identified based on at least one of:
one or more temperature sensors of the vehicle;
data from an image capture device of the vehicle; or
data from a light detection and ranging (LIDAR) system of the vehicle.
Matsumura is directed to system and method for autonomous parking a vehicle to improve useful lives of vehicle batteries that are sensitive to temperature of their operating conditions, Matsumura teaches wherein the set of candidate features is identified based on at least one of:
one or more temperature sensors of the vehicle; (see at least [0012]: the sensor data may comprise camera data by a camera, radiation temperature data from a radiation temperature sensor)
data from an image capture device of the vehicle; (see at least [0012]: the sensor data may comprise camera data by a camera, radiation temperature data from a radiation temperature sensor) or
data from a light detection and ranging (LIDAR) system of the vehicle.
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Thornton and Ganguly to incorporate the technique of identifying set of candidate features based on a temperature sensors and/or camera sensor data of the vehicle as taught by Matsumura with reasonable expectation of success because doing so the battery longevity may be substantially benefited from not being exposed to higher temperature as a result of not being directly exposed to sunlight (Matsumura [0023]).
Regarding Claim 6, the combination of Thornton in view of Ganguly teaches The vehicle of claim 1, wherein:
the combination of Thornton in view of Ganguly does not explicitly teach the set of operations further comprises:
evaluating a set of candidate positions for the selected candidate feature; and
selecting a position from the set of candidate positions; and
the indication to maneuver the vehicle to the selected candidate feature further comprises an indication of the selected position.
Matsumura is directed to system and method for autonomous parking a vehicle to improve useful lives of vehicle batteries that are sensitive to temperature of their operating conditions, Matsumura teaches the set of operations further comprises:
evaluating a set of candidate positions for the selected candidate feature; (see at least Fig. 1a-3 [0020-0047]: determine that the parking position is a parking position among a plurality of potential parking positions that provides an overall optimal parking conditions such as an overall optimal among of hade coverage over an expected of amount of tie the vehicle will be parked. the determining may be based at least in part on time of day, season of the year, and/or objects/building surrounding the plurality of potential parking positions) and
selecting a position from the set of candidate positions (see at least Fig. 1a-3 [0020-0047]: determine that the parking position is a parking position among a plurality of potential parking positions that provides an overall optimal parking conditions such as an overall optimal among of hade coverage over an expected of amount of tie the vehicle will be parked. the determining may be based at least in part on time of day, season of the year, and/or objects/building surrounding the plurality of potential parking positions); and
the indication to maneuver the vehicle to the selected candidate feature further comprises an indication of the selected position. (see at least Fig. 1a-3 [0020-0047]: moving the vehicle to the new/optimal parking position)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Thornton and Ganguly to incorporate the technique of evaluating a set of candidate positions for the selected candidate feature; and selecting a position from the set of candidate positions; and maneuvering the vehicle to the selected candidate feature further comprises an indication of the selected position as taught by Matsumura with reasonable expectation of success because doing so the battery longevity may be substantially benefited from not being exposed to higher temperature as a result of not being directly exposed to sunlight (Matsumura [0023]).
Regarding Claim 7, the combination of Thornton in view of Ganguly and Matsumura teaches The vehicle of claim 6, wherein:
the combination of Thornton in view of Ganguly does not explicitly teach wherein evaluating the set of candidate positions comprises generating an indication to maneuver the vehicle to a position of the set of candidate positions, thereby obtaining data associated with the candidate feature from the position.
Matsumura is directed to system and method for autonomous parking a vehicle to improve useful lives of vehicle batteries that are sensitive to temperature of their operating conditions, Matsumura teaches wherein evaluating the set of candidate positions comprises generating an indication to maneuver the vehicle to a position of the set of candidate positions, thereby obtaining data associated with the candidate feature from the position. (see at least Fig. 1a-3 [0020-0047]: moving the vehicle to the new/optimal parking position. identify the new parking position as a parking position that can provide a new parking condition that is an improvement over the current parking condition (by virtue of the moved shade), and move itself, park at the new parking location, and be substantially covered by shade again.)
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Thornton and Ganguly to incorporate the technique of generating an indication to maneuver the vehicle to a position of the set of candidate positions, thereby obtaining data associated with the candidate feature from the position as taught by Matsumura with reasonable expectation of success because doing so the battery longevity may be substantially benefited from not being exposed to higher temperature as a result of not being directly exposed to sunlight (Matsumura [0023]).
Regarding Claim 12, the combination of Thornton in view of Ganguly teaches The method of claim 8, wherein:
the combination of Thornton in view of Ganguly does not explicitly teach determining the feature comprises determining a position for the vehicle relative to the determined feature; and
the indication to maneuver the vehicle to the determined feature further comprises an indication of the determined position.
Matsumura is directed to system and method for autonomous parking a vehicle to improve useful lives of vehicle batteries that are sensitive to temperature of their operating conditions, Matsumura teaches determining the feature comprises determining a position for the vehicle relative to the determined feature (see at least Fig. 1a-3 [0020-0064]: vehicle may be initially parked at a location covered by shaded in part or in whole and at later point in time, sunlight may be coming from a different other direction; and as a result the shade has moved from prior location to a new location no longer or marginally covers parked vehicle and the vehicle will identify a parking location that can provide an improvement over the current parking location as illustrated in fig. 1a-1c, the vehicle thus move itself and park at the new parking location that’s determined to provide improved shaded coverage); and
the indication to maneuver the vehicle to the determined feature further comprises an indication of the determined position. (see at least Fig. 1a-3 [0020-0047]: vehicle may be initially parked at a location covered by shaded in part or in whole and at later point in time, sunlight may be coming from a different other direction; and as a result the shade has moved from prior location to a new location no longer or marginally covers parked vehicle and the vehicle will identify a parking location that can provide an improvement over the current parking location as illustrated in fig. 1a-1c, the vehicle thus move itself and park at the new parking location that’s determined to provide improved shaded coverage); and
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Thornton and Ganguly to incorporate the technique of determining the feature comprises determining a position for the vehicle relative to the determined feature; and the indication to maneuver the vehicle to the determined feature further comprises an indication of the determined position as taught by Matsumura with reasonable expectation of success because doing so the battery longevity may be substantially benefited from not being exposed to higher temperature as a result of not being directly exposed to sunlight (Matsumura [0023]).
Regarding Claim 13, the combination of Thornton in view of Ganguly teaches The method of claim 8, wherein:
the combination of Thornton in view of Ganguly does not explicitly teach wherein the location is determined based on an indication that is received via a communication system of the vehicle.
Matsumura is directed to system and method for autonomous parking a vehicle to improve useful lives of vehicle batteries that are sensitive to temperature of their operating conditions, Matsumura teaches wherein the location is determined based on an indication that is received via a communication system of the vehicle. (see at least [0010-0030]: the vehicle may receive sensor data associated with environmental condition of an area around or adjacent to a vehicle via a communication interface).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Thornton and Ganguly to incorporate the technique of determining a location based on an indication that is received via a communication system of the vehicle as taught by Matsumura with reasonable expectation of success because doing so the battery longevity may be substantially benefited from not being exposed to higher temperature as a result of not being directly exposed to sunlight (Matsumura [0023]).
Regarding Claim 17, the combination of Thornton in view of Ganguly teaches The method of claim 8, wherein:
the combination of Thornton in view of Ganguly teaches does not explicitly teach wherein the instructions determine that the second feature has an improved thermal effect compared to the first feature before the vehicle arrives at the first feature.
Matsumura is directed to system and method for autonomous parking a vehicle to improve useful lives of vehicle batteries that are sensitive to temperature of their operating conditions, Matsumura teaches wherein the instructions determine that the second feature has an improved thermal effect compared to the first feature before the vehicle arrives at the first feature. (see at least [0020-0060]: parking condition analysis unit 204 may be further configured to determine, prior to the vehicle is parked at a parking position, that the parking position is a parking position among a plurality of potential parking positions that provides an overall optimal parking condition, such as an overall optimal among of shade coverage over an expected amount of the time the vehicle will be parked, thereby potentially reducing a likelihood of need to move the parked vehicle to provide improved parking condition. In embodiments, parking condition analysis unit 204 may be further configured to predict amounts of shade coverage at different points in time over the expected amount of the time the vehicle will be parked, based at least in part on one or more factors that include time of day, season of the year, locations of the potential parking positions, objects around the potential parking positions or buildings around the potential parking positions. These and other factors help determine the direction of light and the shade coverage, both in terms of size of coverage and/or duration of coverage. For some of these embodiments, parking condition analysis unit 204 may be configured to track time of day and/or season of the year, and parking related information cache/database 203 may be further configured to store information about objects, such as trees, billboards, signs and so forth, and buildings surrounding various potential parking positions.).
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Thornton and Ganguly to incorporate the technique of determine that the second feature has an improved thermal effect compared to the first feature before the vehicle arrives at the first feature as taught by Matsumura with reasonable expectation of success because doing so the battery longevity may be substantially benefited from not being exposed to higher temperature as a result of not being directly exposed to sunlight (Matsumura [0023]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DANA F ARTIMEZ whose telephone number is (571)272-3410. The examiner can normally be reached M-F: 9:00 am-3:30 pm EST.
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/DANA F ARTIMEZ/ Examiner, Art Unit 3667
/FARIS S ALMATRAHI/ Supervisory Patent Examiner, Art Unit 3667