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 .
Amendment
Receipt is acknowledged of the amendment filed on May 05, 2026, which has been entered. Claims 1-15 are pending.
Response to Arguments
Applicant’s arguments, see pages 7-13 of the remarks, filed May 05, 2026, with respect to Funk et al and Thannhuber references failing to teach the features of amended independent claims 1 and 15 have been fully considered and are persuasive. The 35 U.S.C. 103 rejection of claims 1-15 has been withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7-14, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-11, and 15, respectively, of copending application No. 18/169,941 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the pending application fall within the scope of the claims of the copending application (see below).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
1. (Currently Amended) A method for controlling a first electric appliance of with a battery pack, which is selectively connectable to the first electric appliance and at least one second electric appliance, the method comprising: storing a software for controlling the first electric appliance and the at least one second electric appliance is stored on a storage element of the battery pack; obtaining identification information, which identifies the first electric appliance, by the battery pack; requesting, by the battery pack, configuration information from an external computer system based on the identification information of the first electric appliance, and receiving the configuration information from the external computer system in response to the request; configuring the software according to the configuration information; and controlling the first electric appliance using the battery pack by executing the configured software.
1. (Currently Amended) A method for controlling a first electric appliance by means of a battery pack, the battery pack being selectively connectable to the first electric appliance and at least one second electric appliance, the method comprising: storing a software for controlling the first electric appliance and the at least one second electric appliance on a storage element of the battery pack; obtaining, by the battery pack, identification information to identify the first electric appliance; capturing a user input, and determining configuration information, to configure the software to control the first electric appliance, depending on the user input and the identification information; requesting, by the battery pack, the configuration information from an external computer system; transferring, by the external computer system, the configuration information to the battery pack, in response to the request; configuring the software according to the configuration information; and executing the configured software, on the battery pack, to control the first electric appliance.
7. (Currently Amended) The method according to claim1one of the preceding claims, wherein a plurality of datasets is stored on the external computer system, wherein a first dataset of the plurality of datasets contains the configuration information and at least one second dataset of the plurality of datasets contains respective further configuration information for the at least one second electric appliance; in response to the request of the configuration information, the first dataset is selected from the plurality of datasets depending on the identification information and transferred to the battery pack using of the external computer system.
4. (Currently Amended) The method according to claim 3, wherein a plurality of datasets is stored on the external computer system, wherein a first dataset of the plurality of datasets comprises the configuration information and at least one second dataset of the plurality of datasets comprises respective further configuration information for the at least one second electric appliance; in response to the request of the configuration information, the first dataset is selected from the plurality of datasets depending on the identification information and transferred to the battery pack by means of the external computer system.
8. (Currently Amended) The method according to claim 1, wherein a predefined first control operation for controlling the first electric appliance is requested, the request of the first control operation is captured using the battery pack and the first electric appliance is controlled using the battery pack depending on the configuration information or by the execution of the configured software for performing the first control operation; and/or a predefined second control operation for controlling the battery pack is requested, the request of the second control operation is captured using the battery pack and the second control operation is performed using the battery pack depending on the configuration information or by the execution of the configured software.
5. (Previously Presented) The method according to claim 1, wherein a predefined first control operation for controlling the first electric appliance is requested, the request of the first control operation is captured by means of the battery pack and the first electric appliance is controlled by means of the battery pack depending on the configuration information for performing the first control operation; and/or a predefined second control operation for controlling the battery pack is requested, the request of the second control operation is captured by means of the battery pack and the second control operation is performed by means of the battery pack depending on the configuration information.
9. (Previously Presented) The method according to claim 8, wherein a user input is recognized and the request of the first control operation and/or of the second control operation is captured depending on the user input.
6. (Previously Presented) The method according to claim 5, wherein a further user input is recognized and the request of the first control operation and/or of the second control operation is captured depending on the further user input.
10. (Previously Presented) The method according to claim 9, wherein a current project step of a project to be performed is determined depending on the user input and the first control operation and/or the second control operation are requested depending on the current project step.
7. (Previously Presented) The method according to claim 6, wherein a current project step of a project to be performed is determined depending on the further user input and the first control operation and/or the second control operation are requested depending on the current project step.
11. (Currently Amended) The method according to claim 8, wherein an operating current for operating an electrical or electronic load of the first electric appliance and/or an operating voltage for operating the load and/or a power output of an energy source to the load are monitored by means of the battery pack; a current project step of a project to be performed is determined depending on a result of the monitoring; and the first control operation and/or the second control operation are requested depending on the current project step.
8. (Previously Presented) The method according to claim 5, wherein an operating current for operating an electrical or electronic load of the first electric appliance and/or an operating voltage for operating the load and/or a power output of an energy source to the load are monitored by means of the battery pack; a current project step of a project to be performed is determined depending on a result of the monitoring; and the first control operation and/or the second control operation are requested depending on the current project step.
12. (Currently Amended) The method according to claim 8, wherein by means of the battery pack, status information is obtained using wireless communication and a current project step of a project to be performed is determined depending on the status information; and the first control operation and/or the second control operation are requested depending on the current project step.
9. (Previously Presented) The method according to claim 5, wherein by means of the battery pack, status information is obtained by means of wireless communication and a current project step of a project to be performed is determined depending on the status information; and the first control operation and/or the second control operation are requested depending on the current project step.
13. (Currently Amended) The method according to claim 1, wherein a predefined third control operation for controlling a third electric appliance is requested and the request of the third control operation is captured by means of the battery pack; depending on the configuration information or by execution of the configured software, a message is transferred from the battery pack to the third electric appliance; and the third control operation is performed using the third electric appliance depending on the transferred message.
10. (Previously Presented) The method according to claim 1, wherein a predefined third control operation for controlling a third electric appliance is requested and the request of the third control operation is captured by means of the battery pack; depending on the configuration information, a message is transferred from the battery pack to the third electric appliance; and the third control operation is performed by means of the third electric appliance depending on the transferred message.
14. (Previously Presented) The method according to claim 13, wherein the third control operation is requested depending on an activation of the first electric appliance.
11. (Previously Presented) The method according to claim 10, wherein the third control operation is requested depending on an activation of the first electric appliance.
15. (Currently Amended) A battery pack, which is selectively connectable to a first electric appliance and at least one second electric appliance, wherein the battery pack comprises a storage element, which stores a software for controlling the first electric appliance and the at least one second electric appliance; the battery pack comprises a processing circuit, which is configured to obtain identification information, which identifies the electric appliance; the battery pack comprises a communication interface, which is configured for wireless data exchange with an external computer system, wherein the processing circuit is configured to wirelessly request configuration information from the external computer system based on the identification information of the first electric appliance, and receive the configuration information from the external computer system in response to the request via the communication interface; the processing circuit is configured to configure the software according to the configuration information and to control the first electric appliance by execution of the configured software.
15. (Currently Amended) A battery pack selectively connectable to a first electric appliance and at least one second electric appliance, the battery pack comprising: a storage element to store a software for controlling the first electric appliance and the at least one second electric appliance; a communication interface configured for wireless data exchange with an external computer system; and a processing circuit configured to capture a user input, obtain, by the battery pack, identification information to identify the first electric appliance, determine configuration information, to configure the software to control the first electric appliance, based on the user input and the identification information, request, via the communication interface, configuration information from an external computer system, wirelessly obtain the configuration information via the communication interface from the external computer system, configure the software according to the configuration information, and control the first electric appliance by execution of the configured software.
Claims 2-6 are objected to as depending on a rejected base claim.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jared Fureman whose telephone number is (571)272-2391. The examiner can normally be reached M-F 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED FUREMAN/Primary Examiner, Art Unit 2859
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