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 Objections
Claims 11 and 12 are objected to because of the following informalities:
The “the status” of Claims 11 and 12 seem to refer to “a status” defined by Claim 10 rather than by Claim 7. For purposes of examination, the examiner will assume applicant meant the claims to depend upon Claim 10.
Appropriate correction is required.
Drawings
The drawings are objected to because
Figs. 2-5 & 7 lack clear symbols or text [e.g. legend] to identify their part numbers
Fig. 6 element 642 lacks clear symbol or text to identify their part numbers
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.
Specification
The abstract of the disclosure is objected to because it contains exemplary and superfluous language. Remove “in one example usage,” additionally”, and “may”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-16, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (USPGPN 20090096399)
Independent Claim 1, Chen teaches a battery cartridge apparatus (power pack 101, Figs. [1-3, esp. 1], ¶[70]), comprising:
a first battery holder configured to hold a single-use battery (122, 123, ¶’s [02, 48, 52, 55, 56, 59, 70, esp. 02, 48]);
a second battery holder configured to hold a rechargeable battery (120, ¶’s [03, 47, 48, 51-53, 55, 56, 70, esp. 03, 48]);
a microcontroller unit (102, ¶’s [46, 61]); and
a non-transitory computer-readable medium comprising instructions which, when executed by the microcontroller unit, causes the battery cartridge apparatus (¶[46] states programmable logic, which means there is at least memory for the programming, as one of ordinary skill in the art understands, inside 102)) to:
determine a load attached to the battery cartridge apparatus (¶’s [54-58, 62, 65, 67, 71, 72, esp. 57 “It may be advantageous for the voltage Vcc to be raised or lowered depending upon the needs of the attached tool or appliance. For example, if the tool operates at 18 VDC, it would be inefficient to boost the rail voltage much above that, even if the batteries were capable of supplying 24 or 36 Volts.”, 58 “Motor control 172 can also receive other control signals from the control logic 102 and send back sense information such as overheating or stalling”]);
determine whether the rechargeable battery has an available power below a reserve threshold based on the load (¶[70], Fig. 2 steps 208-213); and
power the load using a power source selected from one of the single-use battery and the rechargeable battery based on whether the rechargeable battery has the available power below the reserve threshold (¶[70], Fig. 2 steps 208-213, note multiplex 165 in Fig. 1).
Independent Claim 13, Chen teaches a method of selecting a power source in a hybrid battery (¶[70], method of Fig. 2 using structure of Figs. [1 & 3, esp. 1]), comprising:
determining a usage of a device electrically coupled to the hybrid battery comprising a first power source (120, ¶’s [03, 47, 48, 51-53, 55, 56, 70, esp. 03, 48]) and a second power source (122, 123, ¶’s [02, 48, 52, 55, 56, 59, 70, esp. 02, 48]);
determining power requirements of the device (¶’s [54-58, 62, 65, 67, 71, 72, esp. 57 “It may be advantageous for the voltage Vcc to be raised or lowered depending upon the needs of the attached tool or appliance. For example, if the tool operates at 18 VDC, it would be inefficient to boost the rail voltage much above that, even if the batteries were capable of supplying 24 or 36 Volts.”, 58 “Motor control 172 can also receive other control signals from the control logic 102 and send back sense information such as overheating or stalling”]); and
selectively coupling at least one of the first power source and the second power source based on the power requirements (¶[70], Fig. 2 steps 208-213, note multiplex 165 in Fig. 1).
Independent Claim 16, Chen teaches a lighting apparatus (101, Figs. 1-3, including 110-114, see ¶[47]) comprising:
a light emitting device (111-114);
a housing coupled to the light emitting device and configured to accept a hybrid battery cartridge (¶’s [46, 48, 70], where pack implies packaging, i.e. housing); and
where the hybrid battery cartridge, comprises:
a first battery holder configured to hold a single-use battery (122, 123, ¶’s [02, 48, 52, 55, 56, 59, 70, esp. 02, 48]);
a second battery holder configured to hold a rechargeable battery (120, ¶’s [03, 47, 48, 51-53, 55, 56, 70, esp. 03, 48]);
a microcontroller unit (102, ¶’s [46, 61]); and
a non-transitory computer-readable medium comprising instructions which, when executed by the microcontroller unit, causes the battery cartridge apparatus (¶[46] states programmable logic, which means there is at least memory for the programming, as one of ordinary skill in the art understands, inside 102)) to:
determine a load attached to the battery cartridge apparatus (¶’s [54-58, 62, 65, 67, 71, 72, esp. 57 “It may be advantageous for the voltage Vcc to be raised or lowered depending upon the needs of the attached tool or appliance. For example, if the tool operates at 18 VDC, it would be inefficient to boost the rail voltage much above that, even if the batteries were capable of supplying 24 or 36 Volts.”, 58 “Motor control 172 can also receive other control signals from the control logic 102 and send back sense information such as overheating or stalling”]);
determine whether the rechargeable battery has an available power below a reserve threshold based on the load (¶[70], Fig. 2 steps 208-213); and
power the load using a power source selected from one of the single-use battery and the rechargeable battery based on whether the rechargeable battery has the available power below the reserve threshold (¶[70], Fig. 2 steps 208-213, note multiplex 165 in Fig. 1).
Dependent Claim 4, Chen discloses the instructions further cause the battery cartridge apparatus to monitor a second available power of the power source (Fig. 2, 210-213).
Dependent Claim 5, Chen discloses the power source comprises the rechargeable battery at a first time (Fig. 2 208 & 209); and
Where the instructions further cause the battery cartridge apparatus to re-select the single-use battery to be the power source at a second time, based on the second available power (Fig. 2, 210-213, with the loop at 214 resulting in a return to the top).
Dependent Claim 6, Chen discloses the instructions further cause the battery cartridge apparatus to: monitor a first status of the load to determine whether the load has changed; and
reevaluate the power source based on the first status (¶[57] discusses changing load requirements, esp. voltage level, where run-through loop of Fig. 2 would involve the re-evaluation based on the changed load amount).
Dependent Claim 7, Chen discloses light emitting diodes (111-114); and
where the instructions further cause the battery cartridge apparatus to display a status of the first battery holder via the light emitting diodes (¶[47]).
Dependent Claim 8, Chen discloses the status indicates an amount of power remaining for the single-use battery (“full or discharged” means either 100% remaining or 0% remaining, as inherent to the description of ¶’s [47, 59]).
Dependent Claim 9, Chen discloses the status indicates an amount of power draw for the single-use battery (¶[47], where discharging means the amount of power draw is greater than 0).
Dependent Claim 10, Chen discloses one or more light emitting diodes (111-114); and
where the instructions further cause the battery cartridge apparatus to display a status of the second battery holder (¶[47]).
Dependent Claim 11, Chen discloses the status indicates an amount of power remaining of the rechargeable battery (“full or discharged” means either 100% remaining or 0% remaining, as inherent to the description of ¶’s [47, 59]).
Dependent Claim 12, Chen discloses the status indicates an amount of power draw currently on the rechargeable battery (¶[47], where discharging means the amount of power draw is greater than 0).
Dependent Claim 14, Chen discloses selectively coupling the at least one of the first power source and the second power source is further based on a reserve threshold of the first power source (the reserve threshold is whatever indicates the power is available or not as described for 208 in Fig. 2, as one of ordinary skill in the art understands).
Dependent Claim 15, Chen discloses selectively coupling the at least one of the first power source and the second power source is based on the power requirements of the device exceeding a power discharge availability of the first power source (as seen by Fig. 2, if power is not available, then the power requirements of the device exceed a power discharge availability of the first power source in 208).
Dependent Claim 18, Chen discloses the hybrid battery cartridge further comprises a first electrical output and a second electrical output (outputs connecting to 165); and
where the instructions further cause the hybrid battery cartridge to determine which electrical output of the first electrical output and the second electrical output the load is drawing from (Fig. 2’s algorithm indicates which output is being used and chosen on 165).
Dependent Claim 19, Chen discloses the instructions further cause the hybrid battery cartridge to determine a power draw of the load (¶’s [57, 58] describes knowing the voltage draw of the load, while ¶[70] Fig. 2 describe determining whether power is available to draw from the batteries to power the load).
Dependent Claim 20, Chen discloses the power source is selected based on the power draw of the load (¶’s [57, 58] describes knowing the voltage draw of the load, while ¶[70] Fig. 2 describe determining whether power is available to draw from the batteries to power the load, where power available indicates whether it is sufficient to meet the power draw of the load, as one of ordinary skill in the art understands).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (USPGPN 20090096399) in view of Meyer et al (USPGPN 20090154148)
Dependent Claim 2, Chen teaches a universal serial bus output interface (305, ¶’s [71, 73]), the instructions further cause the battery cartridge apparatus to select the power source based on whether power from the rechargeable battery is available (¶’s [57, 71] along with Fig. 2 and ¶[70]).
Chen fails to explicitly teach when the load is determined to be via the universal serial bus output interface.
Meyer teaches a load via a USB output interface (124; in addition to light source 106; see at least Figs. [8, 9, 15, 25, esp. 8 & 9], ¶’s [62, 65, 195]). One of ordinary skill in the art understands that by allowing for loads to receive power by a standardized USB power outlet, it serves to improve the ease for the user to power various loads/accessories such as described in ¶’s [71, 73], since USB ports are so commonly and widely used, it is easy for the user to find an applicable device.
It would have been obvious to one of ordinary skill in the art to modify Chen with Meyer to provide improved ease.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (USPGPN 20090096399) in view of Manor et al (USPGPN 20080197801)
Dependent Claim 3, Chen teaches a reserve threshold (Fig. 2)
Chen is silent to the reserve threshold comprises a value equal to or less than 15% of a rechargeable battery capacity.
Manor teaches the reserve threshold comprises a value equal to or less than 15% of a rechargeable battery capacity (¶[84], 10% or more). Manor teaches this threshold is used to ensure improved reliability by ensuring ability to work without the chance that the battery may be accidentally fully discharged [by e.g. faulty measurement of state of charge level] before swapping to the other battery source.
It would have been obvious to one of ordinary skill in the art to modify Chen with Manor to provide improved reliability.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (USPGPN 20090096399) in view of Kim et al (USPGPN 20120249078)
Dependent Claim 17, Chen teaches a reserve threshold (Fig. 2)
Chen is silent to the instructions further cause the hybrid battery cartridge to determine the reserve threshold based on a health status of the rechargeable battery.
Kim teaches the instructions further cause the hybrid battery cartridge to determine the reserve threshold based on a health status of the rechargeable battery (Figs. 5 & 8; abstract and ¶’s [97, 98] describes that this method serves to extend the lifetime of the battery).
It would have been obvious to one of ordinary skill in the art to modify Chen with Kim to provide improved battery life longevity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T TRISCHLER whose telephone number is (571)270-0651. The examiner can normally be reached 9:30A-3:30P (often working later), M-F, ET, Flexible. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/JOHN T TRISCHLER/ Primary Examiner, Art Unit 2859