Prosecution Insights
Last updated: July 17, 2026
Application No. 18/511,150

DEVICE, BATTERY PACK, AND ARTICLE OF PERSONAL PROTECTIVE EQUIPMENT

Non-Final OA §102§103
Filed
Nov 16, 2023
Priority
Nov 18, 2022 — provisional 63/384,334
Examiner
VO, TUYEN KIM
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
3M Innovative Properties Company
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
940 granted / 1200 resolved
+8.3% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
25 currently pending
Career history
1213
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
81.3%
+41.3% vs TC avg
§102
10.1%
-29.9% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1200 resolved cases

Office Action

§102 §103
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 . Specification Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. The abstract of the disclosure is objected to because the length of the abstract is more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Claim Objections Claim 27 is objected to because of the following informalities: the limitation of “PPE” in line 1 is suggested to spell out in full term. Appropriate correction is required. 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. Claim(s) 1, 5, 6 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shinoda (US 2016/0118840). Regarding claim 1 Shinoda teaches a first device (2, fig. 2) comprising: a first terminal (t23) configured to be electrically connected to a second device (1); a second terminal (t22) configured to be electrically connected to the second device; and an outrush circuit (21-23) comprising: a resistor (22) electrically disposed in series with the first terminal and the second terminal and configured to be electrically connected to the first terminal or the second terminal, and a power source (21); and a switch (23a) electrically disposed in parallel with the resistor, wherein the switch is configured to be controlled by an external signal (3) received by the first device from the second device when the first device is communicably connected to the second device and the second device is electrically connected to the first terminal and the second terminal; wherein: when the first device receives the external signal, the switch is switched on after a startup time from receiving the external signal, such that the switch bypasses the resistor and replaces the resistor, and electric current from the power source substantially passes through the switch ([0029] and [0031]); and when the first device does not receive the external signal (non-contact charging is not performed), the switch is switched off, such that electric current from the power source substantially passes through the resistor, and wherein the resistor limits electric current to the second device ([0040]). Regarding claim 5, Shinoda further teaches wherein the first device is configured to be electrically connected to an external power supply, and wherein the power source is the external power supply (secondary battery connects to the power supply terminal, [0024]). Regarding claim 6, Shinoda further teaches wherein the resistor has an electrical resistance between about 1 ohm and about 100 kiloohms ([0052]). Regarding claim 8, Shinoda further teaches a controller (24) configured to receive the external signal via a communication channel (25) (fig. 2 and [0054]). 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(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda in view of Kitagawa et al. (US 2019/0181658). Regarding claims 2 and 3, Shinoda teaches all subject matter claimed as applied above. Shinoda further teaches the controller controls the switch turn and off ([0054]) but silent to a holdup time as claimed. However, Kitagawa teaches battery control unit configured to control the switch off after a holdup time and further limitation as claimed ([0044]). In view of Kitagawa’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shinoda by incorporating the teaching as taught by Kitagawa so as to control the switch for a predetermined period (see Kitagawa: [0044]). Regarding claim 4, Shinoda teaches all subject matter claimed as applied above. Shinoda further teaches the power source electrically disposed between the first and second terminals (fig. 2), wherein the power source comprises secondary battery ([0023) but silent to the power source comprises at least one electrochemical cell. However, Kitagawa teaches battery pack (10) comprises at least one electrocheminal cell (fig. 1 and [0032]). In view of Kitagawa’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shinoda by incorporating the teaching as taught by Kitagawa in order to arrive at the claimed invention. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda. Regarding claim 7, Shinoda teaches all subject matter claimed as applied above. Shinoda further teaches the controller configured to control the switch on and off ([0054]) but silent to the startup time is between about 10 microseconds to about 5 seconds. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shinoda for the controller to control the switch on/off after the startup as claimed since it is just a matter of design option for setting a startup time for switch. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda in view of Lee et al. (US 2019/0386484). Regarding claim 14, Shinoda teaches all subject matter claimed as applied above except for a safety circuit as claimed. However, Lee teaches a safety circuit electrically disposed between the power source (110) and junction point (N2) electrically connected to each of the resistor (140) and the switch (M2) and further limitations as claimed (120, fig. 1 and [0027]). In view of Lee’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shinoda by incorporating the teaching as taught by Lee so as to protect circuit from discharging (see Lee: [0024]). Claim(s) 15-20 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda in view of Kitagawa. Regarding claim 15, Shinoda teaches a battery pack (2) comprising: a first battery terminal (t23) configured to be electrically connected to an external device (1); a second battery terminal (t13) configured to be electrically connected to the external device; and the battery pack comprises a secondary battery (21) ; an outrush circuit (22-23) comprising: a resistor (22) electrically disposed in series with the first battery terminal and the second battery terminal and configured to be electrically connected to the first battery terminal or the second battery terminal, and a switch (23) electrically disposed in parallel with the resistor, wherein the switch is configured to be controlled by an external signal (3) received by the battery pack from the external device when the battery pack is communicably connected to the external device and the external device is electrically connected to the first battery terminal and the second battery terminal; wherein: when the battery pack receives the external signal, the switch is switched on after a startup time from receiving the external signal, such that the switch bypasses the resistor and replaces the resistor, and electric current from the secondary battery passes through the switch ([0029] and [0031]); and when the battery pack does not receive the external signal (non-contact charging is not performed), the switch is switch off, such that electric current from the secondary battery substantially passes through the resistor, and wherein the resistor limits electric current to the external device ([0040]). Shinoda fails to teach the secondary battery comprises at least one electrochemical cells. However, Kitagawa teaches battery (10) comprises at least one electrochemical cell (fig. 1 and [0032]). In view of Kitagawa’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Shinoda by incorporating the teaching as taught by Kitagawa in order to arrive at the claimed invention. Regarding claims 16 and 17, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above. Kitagawa further teaches wherein the switch (22) is switched off after a holdup time and further limitations as claimed ([0044]). Regarding claim 18, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above. Shinoda further teaches wherein the resistor has an electrical resistance between about 1 ohm and about 100 kiloohms ([0052]). Regarding claim 19, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above. Shinoda further teaches the controller configured to control the switch on and off ([0054]) and Kitagawa further teaches the controller control the switch on and off after a predetermined period ([0044]) but both silent to the startup time is between about 10 microseconds to about 5 seconds. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Shinoda and Kitagawa for the controller to control the switch on/off after the startup as claimed since it is just a matter of design option for setting a startup time for switch. Regarding claim 20, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above. Shinoda further a controller (24) configured to receive the external signal via a communication channel (25) (fig. 2 and [0054]). Regarding claim 27, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above. Shinoda further teaches an article of PPE comprising: the external device (1) comprising a first terminal (t11) and a second terminal (t13), wherein the first battery terminal (t23) is configured to be electrically connected to the first terminal of the external device and the second battery terminal (t22) is configured to be electrically connected to the second terminal of the external device (fig. 2). Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda as modified by Kitagawa as applied to claim 15 above, and further in view of Lee. Regarding claim 26, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above except for a safety circuit as claimed. However, Lee teaches a safety circuit electrically disposed between the power source (110) and junction point (N2) electrically connected to each of the resistor (140) and the switch (M2) and further limitations as claimed (120, fig. 1 and [0027]). In view of Lee’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Shinoda and Kitagawa by incorporating the teaching as taught by Lee so as to protect circuit from discharging (see Lee: [0024]). Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda as modified by Kitagawa as applied to claim 27 above, and further in view of Didier (US 2020/0099022). Regarding claim 28, Shinoda as modified by Kitagawa teaches all subject matter claimed as applied above except for the external device is a blower. However, Didier teaches blower are powered by a rechargeable battery pack ([0003]). In view of Didier’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Shinoda and Kitagawa by incorporating the teaching as taught by Didier since it is just a matter of intended of the battery pack. Moreover, it has been decided that selection of intended use of a prior art is an obvious expedient over the prior art. See M.P.E.P. 2144.07. Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinoda as modified by Kitagawa and Didier as applied to claim 28 above, and further in view of Yan et al. (CN 207021518U, English machine translation). Regarding claim 29, Shinoda as modified by Kitagawa and Didier teaches all subject matter claimed as applied above except for the external device is a respiratory device. However, Yan teaches blower are powered by a rechargeable battery pack (page 2). In view of Yan’s teaching, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the combinations of Shinoda, Kitagawa and Didier by incorporating the teaching as taught by Yan since it is just a matter of intended of the battery pack. Moreover, it has been decided that selection of intended use of a prior art is an obvious expedient over the prior art. See M.P.E.P. 2144.07. Allowable Subject Matter Claims 9-13 and 21-25 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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: The prior art of record, taken alone or in combination, fails to further teach or fairly suggest wherein the outrush circuit further comprises: a first line electrically connected to the first terminal; a second line electrically connected to the second terminal; a first switch comprising a first control terminal and first and second output terminals, wherein the first control terminal is electrically and/or communicably connected to the communication channel and the first output terminal is electrically connected to the first line; a first resistor electrically connected to the second output terminal and the second line; a capacitor electrically connected to the second output terminal and the first output terminal of the first switch; a second switch comprising a second control terminal and third and fourth output terminals, wherein the second control terminal is electrically connected to the capacitor and the third output terminal is electrically connected to the first line; and a second resistor electrically connected to the fourth output terminal and the second line; wherein: the switch comprises a third control terminal and fifth and sixth output terminals, and the third control terminal is electrically connected to an intermediate point between the second resistor and the fourth output terminal; the resistor is electrically connected to the fifth and sixth output terminals; when the first device receives the external signal: the external signal is configured to switch on the first switch causing the capacitor to discharge via the first switch; upon discharging, the capacitor is configured to switch off the second switch causing the switch to switch on; and upon being switched on after the startup time from receiving the external signal, the switch bypasses the resistor and replaces the resistor, such that electric current from the power source substantially passes through the switch; and when the first device does not receive the external signal: the first switch is configured to switch off causing the capacitor to charge from the power source via the first resistor; and upon charging, the capacitor is configured to switch on the second switch causing the switch to switch off after a holdup time, such that electric current from the power source substantially passes through the resistor, and wherein the resistor limits electric current to the second device as recited in claim 9. Similar limitations as recited in claim 21 and further limitations of the dependent claims 10-13 and 22-25. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References: Weissinger JR. et al. (US 2014/0117784); Kim (US 2019/0229377); Shi et al. (US 2022/0077702); Kim (US 2020/0144832); Cruess et al. (US 2024/0332664); Lesso et al. (US 2023/0059155) and Bonetti (US 2020/0209314) and Yi et al. (US 2018/0191179) are cited because they are related to battery pack and portable electronic device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuyen Kim Vo whose telephone number is (571)270-1657. The examiner can normally be reached Mon-Thurs: 8AM-6:30PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 571-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TUYEN K VO/Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Nov 16, 2023
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
78%
Grant Probability
96%
With Interview (+17.8%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1200 resolved cases by this examiner. Grant probability derived from career allowance rate.

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