DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 08/04/2026 is acknowledged. Group I include claims 1-9 and 14 and claims 10-13 are thereby withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "the resistance value" in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation " the voltage value " in lines 6-7. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 7, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cruise et al. (US 2010/0085018).
Regarding claims 1 and 14, Cruise discloses shared control of thermistor and dual-purpose thermistor line (i.e., the temperature sensor can be shared by the battery pack and the charger) comprising:
a temperature sensor 26, which may be a NTC thermistor or a PTC thermistor (para 0022);
a battery pack 16 (first device) can include at least one battery cell, a first pair of terminals, a temperature sensor extending between the terminals (para 0006);
a battery pack charger 18 (a second device) (Fig. 1).
Battery management unit 22 (BMU) can include a voltage monitoring circuit 24; voltage monitoring circuit 24 may be configured to sense individual cell voltage and sense total pack voltage of cells 20 (para 0021) and a first control circuit configured to control the terminal voltage to vary in accordance with changes of the physical quantity, within the first voltage range, when the determination circuit determines that the terminal voltage is in the first voltage range, and stop controlling the terminal voltage to vary within the first voltage range when the determination circuit determines that the terminal voltage is not in the first voltage range. BMU 22 can provide a varying signal at second terminal 32 based on the voltage of cells 20. For example, when any cell 20 is below the low-voltage threshold value, second terminal 32 can be open such that tool control module 54 sees a high impedance. This is also referred to as second terminal 32 being de-asserted. When the voltage of every cell 20 exceeds the low-voltage threshold value, BMU 22 can provide a voltage at second terminal 32 which can be detected by tool control module 54. This is also referred to as second terminal 32 being asserted. Tool control module 54 can prevent operation of motor 50 when second terminal 32 is asserted, thereby preventing discharge of cells 20 below the low-voltage threshold value. Additionally, when second terminal 32 is asserted, switch 46 can be energized, thereby disrupting the circuit between motor 50 and the cathode of cells 20. Switch 46 can thereby provide a second level of protection to avoid the discharge of cells 20 below the low-voltage threshold (para 0032). Charger 18 may include a terminal voltage detection circuit 29 and a watchdog circuit 31 (second control circuit, para 0023).
Regarding claim 2, Cruise discloses exemplary voltages that can be seen across temperature sensor 26 at third terminal 34 relative to the operating conditions (para 0049). A voltage at third terminal 34 between VCC and the low temperature level is an area 97 where no charging or discharging can occur. Voltage between the high-temperature level and the stop level is an area 99 wherein no charging or discharging should occur (Fig. 6).
Regarding claim 3, Cruise discloses wherein, when the first detection circuit continues detecting the terminal voltage outside the first voltage range or outside a predetermined range included within the first voltage range, for the predetermined first period of time, the first detection circuit asserts a predetermined signal that indicates that the voltage terminal has moved out of the predetermined voltage range (para 0032).
Regarding claim 4, Cruise discloses the batteries may be charged (abstract); therefore, considered secondary batteries and switch 46, such as an FET (Field-Effect Transistor) by example (para 0022).
Regarding claim 5, Cruise discloses wherein the determination circuit determines whether or not the terminal voltage is in the first voltage range by comparing the terminal voltage with a first threshold voltage, and wherein the first detection circuit determines whether or not the terminal voltage is outside the predetermined range by comparing the terminal voltage with a second threshold voltage that is included in the first voltage range (Fig. 6; para 0049).
Regarding claim 7, Cruise discloses to prevent a charging operation, charger control module 28 can activate watchdog circuit 31, thereby interrupting the connection between power supply circuit 27 and fourth terminal 36 of battery pack 16.
Claim Rejections - 35 USC § 103
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cruise et al. (US 2010/0085018) in view of Li (US 2020/0153235).
Regarding claim 6, Cruise does not teach the first device further includes a first reference voltage source.
Li, directed to a battery protection system, teaches a reference voltage and a comparator 306 can compare the sense voltage VTS with the reference voltage VTSREF to generate a protection signal TPRO according to the comparison. If the sense voltage VTS is less than the reference voltage VTSREF, then the protection signal TPRO can inform the secondary protection circuit 304 to take action to protect the battery pack from an over-temperature condition (para 0033).
It would have been obvious to one of ordinary skill in the art before the effective filing date to further comprise a reference voltage source in order to have a baseline for determining when to disconnect the battery to prevent an unfavorable event such as an over-temperature condition.
Allowable Subject Matter
Claims 8 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
With respect to claim 8, Cruise does not teach the control circuit controls the terminal voltage to vary with changes of the resistance value. With respect to claim 9, Li does not teach the control circuit controls the terminal voltage to vary with changes of the voltage value.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571)272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723
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