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 .
INTRINSICALLY-SAFE BATTERY ASSEMBLY FOR WIRELESS FIELD DEVICES
Examiner: Adam Arciero S.N. 18/180,352 Art Unit 1727 April 13, 2026
DETAILED ACTION
Applicant’s response filed March 10, 2026 has been received. Claims 1-23 are currently pending. Claims 1-13 and 23 remain withdrawn from consideration. Claims 14-15 and 20 have been amended.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
The claim rejections under 35 USC 112(b) on claims 14-22 are withdrawn because Applicant has amended the claims.
Claim Rejections - 35 USC § 103
The claim rejections under 35 USC 103(a) as being unpatentable over Emerson on claims 14-16 and 22 are withdrawn because Applicant has amended the independent claim.
The claim rejections under 35 USC 103(a) as being unpatentable over Emerson and Becke on claims 17-19 are withdrawn because Applicant has amended the independent claim.
The claim rejections under 35 USC 103(a) as being unpatentable over Emerson, Robinson and Kim on claims 20-21 are withdrawn because Applicant has amended the independent claim.
Claim(s) 14-16 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emerson (Emerson Wireless SmartPower Solutions, 12/2018; as found in IDS dated March 08, 2023) in view of Saito et al. (US 2020/0014411 A1; as found in IDS dated 03/10/26).
As to Claim 14, Emerson discloses a wireless field device, comprising a housing; a battery assembly; a controller (SmartPower solutions, pg. 2) configured to modify the operation of the device based on a determined battery form factor; wireless circuitry (pg. 2) coupled with the controller and configured to communicate with a remote device wirelessly; and battery identification logic (SmartPower solutions, pg. 2) configured to determine a battery form factor when coupled to the wireless field device. Emerson does not specifically disclose wherein the controller is placed in the housing. However, there are a known finite number of options to one of ordinary skill in the art for placement of the controller (inside the housing or outside the housing) and the courts have held that "a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely that product [was] not of innovation but of ordinary skill and common sense” see KSR MPEP 2143, I, E. At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the field device of Emerson to comprise a controller inside the housing because Emerson teaches that a device can be used wirelessly in the field with extended and predictable power module life (Pg. 2, SmartPower solutions). Emerson does not specifically disclose energy limiting circuitry as claimed.
However, Saito teaches of a wireless portable device having an intrinsically-safe battery assembly (reads on disposed in an enclosure); a current control circuit and a current and voltage limiting circuitry configured to comply with intrinsic safety specifications (Abstract and paragraphs [0003, 0034-0042]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Emerson to comprise current and voltage limiting circuits because Saito teaches that an intrinsically safe battery powered device with wireless communication is provided (Abstract).
As to Claims 15-16 and 22, Emerson discloses wherein the device comprises hardware and software to determine/extend battery life and give low-level alerts (reads on battery identification logic and measurement circuitry configured to measure an electrical and mechanical parameter of the battery assembly) (pg. 2, SmartPower solutions and pg.4, Emerson SmartPower Solutions Features). It is the position of the Examiner that the controller and battery identification logic intrinsically comprise the claimed functions given that the structure of the claims and the prior art are the same, see MPEP 2112 and 2114, I. In addition, the courts have held that "[A]pparatus claims cover what a device is, not what a device does." See MPEP 2114, II.
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emerson (Emerson Wireless SmartPower Solutions, 12/2018; as found in IDS dated March 08, 2023) in view of Saito et al. (US 2020/0014411 A1; as found in IDS dated 03/10/26) as applied to claims 14-16 and 22 above, and further in view of Becke et al. (US 2019/0075724 A1).
As to Claims 17-19, modified Emerson discloses the same structure as the claimed invention as discussed above. It is the position of the Examiner that the controller and battery identification logic intrinsically comprise the claimed functions given that the structure of the claims and the prior art are the same, see MPEP 2112 and 2114, I. In addition, the courts have held that "[A]pparatus claims cover what a device is, not what a device does." See MPEP 2114, II.
In addition, Becke teaches of a battery powered field device (electric lawn mower) that comprises control circuitry and battery identification logic to produce warnings and/or disable features (also reads on reducing performance and modifying a measurement interval) of the device as necessitated by the power remaining in the battery (paragraphs [0012 and 0264]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of modified Emerson to comprise the controller configured to disable a feature or reduce performance or modify a measurement interval because Becke teaches that a user of the device can be notified as necessary and the battery life can be extended (paragraphs [0012 and 0264]).
Claim(s) 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Emerson (Emerson Wireless SmartPower Solutions, 12/2018; as found in IDS dated 03/08/2023) in view of Saito et al. (US 2020/0014411 A1; as found in IDS dated 03/10/26) as applied to claims 14-16 and 22 above, and further in view of Robinson et al. (US 2012/0157018 A1) and Kim (US 2012/0315527 A1).
As to Claim 20, modified Emerson does not specifically disclose the claimed enclosure or orientation.
However, Robinson teaches of a wireless field device, comprising: a battery assembly 150 disposed and sealed therein (reads on weather-proof enclosure) (Fig. 2 and paragraphs [0016, 0029, and 0036]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Emerson to comprise the claimed housing, because Robinson teaches that protection from water and contaminants from entering the housing is provided (paragraph [0029]).
In addition, Kim teaches of a wireless device comprising a housing that accepts a battery assembly and has a different orientation depending on the battery being electrically connected or not (Abstract). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of modified Emerson to comprise a battery cover assembly that functions to open/close a terminal connection of the battery (different orientation of the battery depending on electrical connection being present or not) because Kim teaches that improved freedom for disposing the terminal connection and circuity of the device is provided (paragraph [0062]).
As to Claim 21, Kim does not specifically disclose the claimed orientation relationship. However, the courts have held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device, see MPEP 2144.04, IV, A. At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the device of Emerson to comprise the claimed orientation relationship because Kim teaches that improved freedom for disposing the terminal connection and circuity of the device is provided (paragraph [0062]).
Response to Arguments
Applicant's arguments filed March 10, 2026, with respect to the rejections of claim 14 has been fully considered but they are not persuasive.
Applicant’s principle arguments are:
a) Emerson does not discuss a given field device being able to use different form factor power modules (claim 14).
b) Emerson does not discuss a field device that can detect a power module and modify its operation based on such detection (claim 14).
In response to Applicant’s arguments, please consider the following comments:
a) In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., different form factor power modules) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
b) Emerson discloses a field device that functions with a battery to extend the life and enable the predictable life of the battery, which reads on being able to detect said battery and modify the operation being electrically coupled with said battery (pg. 2). In addition, Saito teaches of a device that communicates with the battery with power limiting circuits, which also reads on detecting a battery and modifying the operation of the device while connected to said battery.
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 ADAM ARCIERO whose telephone number is (571)270-5116. The examiner can normally be reached Monday-Friday 8:00-5 ET.
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/ADAM A ARCIERO/ Primary Examiner, Art Unit 1727
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