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 .
Election/Restrictions
Applicant’s election without traverse of claims 10-20 in the reply filed on 07/02/2026 is acknowledged.
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.
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Claims 10 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,444,479 (hereinafter reference patent 479) in view of MILLER et al. (US 10,922,408 B2). Claim 1 of the reference patent 479 discloses all the limitations of claims 1 and 10 of the pending application except “a cable (i) secured to the housing and (ii) having a connector, wherein the connector is configured to engage an electrical port such that (a) electrical power is delivered from the electrical port to the first battery to charge the first battery or (b) electrical power is delivered from the first battery to the second battery.” [Claim 1] And “a port secured to the housing and configured to receive a cable configured to deliver electrical power from an electrical wall outlet to the first battery to charge the first battery” [Claim 10].
MILLER discloses a portable charger comprising a cable (i) secured to the housing (See Fig.3, Item#50a-50c disclose cables connected to housing 12) and (ii) having a connector (See Fig.3, Item#30, disclose an input connector at the end of the cable), wherein the connector is configured to engage an electrical port such that (a) electrical power is delivered from the electrical port to the first battery to charge the first battery (See Figs.4 and 25 and Col.9, lines 33-37, disclose an input connector cable 30 which charges the internal battery when connected to an external power source) and or (b) electrical power is delivered from the first battery to the second battery (See Fig.25 and Col.10, lines 36-42, disclose output connector cables 50 are connected with internal battery 80 for charging an electronic device) and a port secured to the housing and configured to receive a cable configured to deliver electrical power from an electrical wall outlet to the first battery to charge the first battery (See Fig.4 and Col.10, lines 2-18, disclose an input interface for receiving a charging connector).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention disclosed by claim 1 of the reference patent 479 in view of MILLER by adding the cable/port disclosed by MILLER for the benefit of charging the portable charger via wired connection from an external power source.
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(s) 10-13 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER et al. (US 10,922,408 B2, hereinafter MILLER) in view of BOSSETTI et al. (US 9,537,353 B1, hereinafter BOSSETTI).
Regarding claim 10, MILLER discloses a power bank configured to charge portable devices comprising:
a housing (See Fig.3, discloses a portable charger 10 comprising a housing 12);
a first battery disposed within the housing (See Fig.25, and Col.10, lines 36-39, disclose an internal battery 80);
a primary coil (i) electrically connected to the first battery and (ii) disposed within the housing and below an external panel (See Fig.25, Item#88, discloses a transmitting coil electrically connected to battery 80 and placed internal to housing 12), wherein the primary coil is configured to interact with a secondary coil of a portable device to deliver electrical power from the first battery to a second battery that is secured to the portable device to charge the second battery (See Col.16, lines 42-58, disclose a transmitting coil 80 generates an electromagnetic field using power from battery 80. Fig.25 and Col.13, lines 48-52, disclose power is wirelessly transmitted from charger 10 using transmitter coil 88 to receiver 201 of electronic device 200); and
a cable (i) secured to the housing (See Fig.3, Item#50a-50c disclose cables connected to housing 12) and (ii) having a connector (See Fig.3, Item#30, disclose an input connector at the end of the cable), wherein the connector is configured to engage an electrical port such that (a) electrical power is delivered from the electrical port to the first battery to charge the first battery (See Figs.4 and 25 and Col.9, lines 33-37, disclose an input connector cable 30 which charges the internal battery when connected to an external power source) and or (b) electrical power is delivered from the first battery to the second battery (See Fig.25 and Col.10, lines 36-42, disclose output connector cables 50 are connected with internal battery 80 for charging an electronic device).
However, MILLER does not disclose that wireless charging takes place in response to a portable electronic device being disposed on or proximate to the charger housing.
BOSSETTI discloses a wireless charger wherein wireless charging is activated in response to a portable electronic device being disposed on or proximate to the charger housing (Figs.3A-10, disclose a charger comprising detection of the presence of a wireless power receiving device using a variety of ways including a sensor for detecting mechanical presence, detecting communication between charger and receiver and detecting a change in transmitting coil peak current. The different detections methos indicate that a wireless power receiver is proximate (communication and sensor) or disposed (mechanical agitation)).
MILLER and BOSSETTI are analogous art since they both deal with wireless charging.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by MILLER with the teachings of BOSSETTI by adding the disclosed detection sensor and processor for the benefit of automatically charging an electronic device when proximate to the wireless charger without requiring user intervention.
Regarding claim 11, MILLER and BOSSETTI disclose the power bank of claim 10 as discussed above, wherein (i) the housing defines a slot along an external edge (See Fig.4, discloses a slot 34 for holding the cable and a slot 36 for holding the connector head 58), (ii) the cable is configured to be disposed within the slot when in a stowed position (See MILLER, Fig.1 and 4 and Col.9, lines 27-33, disclose the cable is stowed in the slot when not in use), and (iii) the cable is configured to be at least partially external to the slot when in an operation position (See MILLER, Figs.3 and 21-22, disclose the cables being external to the slot when in operation).
Regarding claim 12, MILLER and BOSSETTI disclose the power bank of claim 11 as discussed above, wherein the slot is defined along a side edge and a lower edge of the housing (See MILLER, Fig.3, discloses the slots are along the side and the lower edge).
Regarding claim 13, MILLER and BOSSETTI disclose the power bank of claim 11 as discussed above, wherein a portion of the slot that is configured to receive the connector of the power cable has a width that is larger than a width of the remainder of the slot (See Fig.4, discloses a slot 36 for receiving the connector which is wider than the slot 34 for receiving the cable).
Regarding claim 18, MILLER and BOSSETTI disclose the power bank of claim 10 as discussed above, wherein the cable is a USB Cable (See MILLER, Col.9, lines 41-43, disclose the connector connecting the charger to a charging source is a USB connector).
Regarding claim 19, MILLER and BOSSETTI disclose The power bank of claim 10 further comprising a second cable (i) secured to the housing and (ii) having a second connector, wherein the second connector is configured to engage a second electrical port such that (b) electrical power is delivered from the first battery to a third battery (See Fig.25 and Col.10, lines 36-42, disclose output connector cables 50 are connected with internal battery 80 for charging an electronic device).
Regarding claim 20, MILLER discloses a power bank configured to charge portable devices comprising:
a housing (See Fig.3, discloses a portable charger 10 comprising a housing 12);
a first battery disposed within the housing (See Fig.25, and Col.10, lines 36-39, disclose an internal battery 80);
a primary coil (i) electrically connected to the first battery and (ii) disposed within the housing and below an external panel (See Fig.25, Item#88, discloses a transmitting coil electrically connected to battery 80 and placed internal to housing 12), wherein the primary coil is configured to interact with a secondary coil of a portable device to deliver electrical power from the first battery to a second battery that is secured to the portable device to charge the second battery (See Col.16, lines 42-58, disclose a transmitting coil 80 generates an electromagnetic field using power from battery 80. Fig.25 and Col.13, lines 48-52, disclose power is wirelessly transmitted from charger 10 using transmitter coil 88 to receiver 201 of electronic device 200); and
a port secured to the housing and configured to receive a cable configured to deliver electrical power from an electrical wall outlet to the first battery to charge the first battery (See Fig.4 and Col.10, lines 2-18, disclose an input interface for receiving a charging connector).
However, MILLER does not disclose that wireless charging takes place in response to a portable electronic device being disposed on or proximate to the charger housing.
BOSSETTI discloses a wireless charger wherein wireless charging is activated in response to a portable electronic device being disposed on or proximate to the charger housing (Figs.3A-10, disclose a charger comprising detection of the presence of a wireless power receiving device using a variety of ways including a sensor for detecting mechanical presence, detecting communication between charger and receiver and detecting a change in transmitting coil peak current. The different detections methos indicate that a wireless power receiver is proximate (communication and sensor) or disposed (mechanical agitation)).
MILLER and BOSSETTI are analogous art since they both deal with wireless charging.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by MILLER with the teachings of BOSSETTI by adding the disclosed detection sensor and processor for the benefit of automatically charging an electronic device when proximate to the wireless charger without requiring user intervention.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER et in view of BOSSETTI and in further view of WANG (US 2012/0187902 A1, hereinafter WANG).
Regarding claim 14, MILLER and BOSSETTI disclose the power bank of claim 10 as discussed above, However MILLER and BOSSETTI do not disclose further comprising a kickstand rotatably secured to the housing.
WANG discloses a portable charger comprising a kickstand rotatably secured to the housing (See Fig.3-4 and 5B, disclose a kickstand 120 rotatably secured to housing 102).
MILLER, BOSSETTI and WANG are analogous art since they all deal with electronic device chargers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by MILLER and BOSSETTI with the teachings of WANG by adding a kickstand to the charger for the benefit of enhancing certain functionalities of a portable electronic device being charged i.e. as video viewing (See WANG, Par.33).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over MILLER et in view of BOSSETTI and in further view of MILLER et al. (US 2018/0166894 A1, hereinafter MILLER2).
Regarding claim 15, MILLER and BOSSETTI disclose the power bank of claim 10 as discussed above, However MILLER and BOSSETTI do not disclose further comprising prongs secured to the housing and configured to (i) engage an electrical wall outlet and (ii) deliver electrical power from the electrical wall outlet to the first battery to charge the first battery.
MILLER2 discloses a portable charger comprising prongs secured to the housing and configured to (i) engage an electrical wall outlet (See Fig.5A, and Pars.69 and 75, disclose a wall plug input interface 58 to charge an internal battery 14 from the wall plug interface 58) and (ii) deliver electrical power from the electrical wall outlet to the first battery to charge the first battery (See Par.75, discloses a wall plug input interface 58 to charge an internal battery 14 from the wall plug interface 58).
MILLER, BOSSETTI and MILLER2 are analogous art since they all deal with wireless chargers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention disclosed by MILLER and BOSSETTI with the teachings of MILLER2 by adding the disclosed prongs for the benefit of allowing the portable charger to be directly charged from a wall outlet.
Regarding claims 16-17, MILLER, BOSSETTI and MILLER2 disclose the power bank of claim 15, wherein (i) the housing defines at least one slot (See MILLER 2, , Fig.5A, and Par.69, disclose cavities 62), (ii) the prongs are rotatably secured to the housing (See MILLER2, Par.69, disclose the wall plug interface 58 pivots), and (iii) the prongs are configured to rotate into and out of the at least one slot between stowed positions and operational positions, respectively (See Par.69, discloses the wall plug interface retracts within storage cavities 62 when not in use or pivots to an extended position for use).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED H OMAR whose telephone number is (571)270-7165. The examiner can normally be reached 10:00 am -7:00 PM EST.
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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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/AHMED H OMAR/ Primary Examiner, Art Unit 2859
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