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 .
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.
Claim(s) 1-3, 5-7, 9-11, 13-17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Thorsoe US 2014/0210265 A1 (“Thorsoe”).
As to claim 1, Thorsoe discloses a power device comprising:
a housing defining a first support operable to support a first battery pack, and a second support operable to support a second battery pack (Figure 2 or Paragraph 37 – e.g., multiple recesses or compartments for battery packs);
a motor receiving power across a phase of the motor from at least one of the first battery pack and the second battery pack (Figure 2 or Paragraph 39 – e.g., an “apparatus” including a motor); and
a circuit selectively electrically connecting the first battery pack and the second battery pack to the motor (Figure 2 or Paragraphs 38-39), the circuit including:
a first motor drive circuit connecting the first battery pack to the motor (Figure 2 or Paragraphs 38-39 – e.g., necessary in discharging a battery pack to power an apparatus),
a second motor drive circuit connecting the second battery pack to the motor (Figure 2 or Paragraphs 38-39 – e.g., necessary in discharging a second battery pack to power an apparatus), and
an output terminal to provide at least one of a first power output of the first battery pack and a second power output of the second battery pack to the motor, wherein the first power output is provided to the motor based on a first characteristic of the first battery pack and the second power output is provided to the motor based on a second characteristic of the second battery pack (Figure 2 or Paragraphs 38-39 – e.g., selective battery pack discharge according to various criteria).
As to claim 2, Thorsoe discloses the device of claim 1. Thorsoe further discloses wherein the circuit is configured to selectively electrically connect the first battery pack and the second battery pack with the motor in at least one of a series-type connection and a parallel-type connection (Figure 2 or Paragraphs 38-39 – e.g., battery pack discharge is necessarily carried out using either a series or parallel connection).
As to claim 3, Thorsoe discloses the device of claim 1. Thorsoe further discloses wherein the circuit is configured to selectively electrically connect the first battery pack and the second battery pack with the motor in at least one of a series-type connection and a parallel-type connection based on the first characteristic of the first battery pack and the second characteristic of the second battery pack (Figure 2 or Paragraphs 38-39 – e.g., battery pack selection according to various criteria, battery pack discharge is necessarily carried out using either a series or parallel connection).
As to claim 5, Thorsoe discloses the device of claim 1. Thorsoe further discloses wherein the first characteristic of the first battery pack and the second characteristic of the second battery pack are selected from a group consisting of: a nominal voltage, a capacity, and a state of charge (Paragraph 38 – e.g., different criteria).
As to claim 6, Thorsoe discloses the device of claim 5. Thorsoe further discloses wherein the first battery pack has a first state of charge, and the second battery pack has a second state of charge different than the first state of charge (Paragraph 38 – e.g., discharge status and other battery attributes included among different criteria, Paragraphs 37-41 – e.g., cells with different types and/or statuses may be used).
As to claim 7, Thorsoe discloses the device of claim 5. Thorsoe further discloses wherein the first battery pack has a first capacity and a first nominal voltage, and the second battery pack has a second capacity and a second nominal voltage, and wherein at least one of the second capacity or the second nominal voltage is different than the first capacity or the first nominal voltage (Paragraph 38 – e.g., discharge status, capacity size, and other battery attributes included among different criteria, Paragraphs 37-41 – e.g., cells with different types and/or statuses may be used).
Claims 9-11, 13-17, and 19 recite elements similar to claims 1-3 and 5-7, and are rejected for the same reasons.
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.
Claim(s) 4, 12, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorsoe.
As to claim 4, Thorsoe discloses the device of claim 1. Thorsoe further discloses that the apparatus receiving power has a specific run time associated with battery pack types (Paragraph 40). It would have been obvious to one having ordinary skill in the art at the time the invention was made to account for run times while selecting battery packs and for the circuit to be configured to selectively electrically connect the first battery pack and the second battery pack with the motor in at least one of a series-type connection and a parallel-type connection to provide a defined power output to the motor based on a defined runtime of the motor because doing so would allow the apparatus to more predictable schedule and/or manage the battery discharge process.
Claims 12 and 18 recite elements similar to claim 4, and are rejected for the same reasons.
Claim(s) 8 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorsoe as applied to claims 1 or 15 above, and further in view of Syouda US 2017/0098940 A1 (“Syouda”).
As to claim 8, Thorsoe discloses the device of claim 1, including providing power to a device from a plurality of batteries. Thorsoe does not explicitly disclose the additional elements of claim 8. However, the missing element is well known in the art because while disclosing a charge management system, Syouda teaches the use of a DC/D converter which is used to connect for an auxiliary battery (Syouda Figure 1 or Paragraphs 36-41) and used for charge leveling (Syouda Figure 3). It would have been obvious to one having ordinary skill in the art at the time the invention was made to include a DC-DC converter bypass element because doing so would allow the device to connect to additional sources of power, provide charge leveling, or provide additional functionality.
Claim 20 recites elements similar to claim 8, and is rejected for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYCE M AISAKA whose telephone number is (571)270-5808. The examiner can normally be reached M-F: 6:30AM-5:00PM PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jack Chiang can be reached at (571)272-7483. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYCE M AISAKA/Primary Examiner, Art Unit 2851
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