DETAILED ACTION
This is a first action on the merits, in response to the claims received 11/27/2023. Claims 1-20 are pending for prosecution below.
Information Disclosure Statement
The information disclosure statement (IDS) file on 11/27/2023 has been considered by the examiner. An initialed copy is attached herewith.
Claim Objections
Claim 14, recites “method of claim” which lacks proper dependence. For examination purpose, this will be interpreted as depending from claim 8. Appropriate correction is required.
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) 1,3-4,8,10,15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over ADACHI, (USNO.2014/0011056) in view of Otsuki et al, (Otsuki),(USNO.2010/0026609)
As for claim 1, ADACHI discloses and shows in Figs. 1 and 20 a parallel plate measurement system comprising: a stationary bottom plate (ref’s base); a top plate fixed (ref’s press plate) in a parallel orientation relative to the stationary bottom plate ; a directionally-opposing forces (via cell swell) imparting movement on; and a measurement tool (via determination of the air gap) adapted to measure a separation between the stationary bottom plate and the dynamic top plate (par.[0111-0117]).
ADACHI discloses all limitations, but differs from the claimed invention because he does not explicitly disclose a counterweight adapted to slide linearly along a second rail bearing in the direction perpendicular to the stationary bottom plate; a pivot arm with a first end flexibly coupled to the dynamic top plate and a second end flexibly coupled to a counterweight, the pivot arm being adapted to rotate about a pivot bearing to apply directionally-opposing forces to the counterweight and dynamic top plate.
Otsuki discloses and shows in Fig. 4 a counterweight (via lock release member) adapted to slide linearly along a second rail bearing in the direction perpendicular to the stationary bottom plate; a pivot arm (via hinge part) with a first end flexibly coupled to the dynamic top plate (cover member) and a second end flexibly coupled to a counterweight, the pivot arm being adapted to rotate about a pivot bearing to apply directionally-opposing forces to the counterweight and dynamic top plate (par.[0074-0077])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of ADACHI by using a counterweight adapted to slide linearly along a second rail bearing in the direction perpendicular to the stationary bottom plate; a pivot arm with a first end flexibly coupled to the dynamic top plate and a second end flexibly coupled to a counterweight, the pivot arm being adapted to rotate about a pivot bearing to apply directionally-opposing forces to the counterweight and dynamic top plate for advantages such as reducing adverse effects (par.[0016]) , as taught by Otsuki.
As for claim 3, ADACHI in combination with Otsuki discloses and shows in Figs. 1 and 20 the counterweight has a mass adjustable to alter a downward force applied by the dynamic top plate to a battery sandwiched between the stationary bottom plate and the dynamic top plate.
As for claim 4, ADACHI in combination with Otsuki discloses and shows in Figs. 1 and 20 movement of the counterweight and the dynamic top plate is constrained to the direction perpendicular to the stationary bottom plate.
As for claim 8, ADACHI discloses and shows in Figs. 1 and 20 a method for dynamically measuring battery thickness during cycling of a battery, the method comprising: applying an upward force to a dynamic top plate that slides linearly along a first rail bearing in response to the upward force to create a space between the top plate (ref’s press plate) and a stationary bottom plate (ref’s base) oriented parallel to the top plate; the in a direction opposing (via cell swell) linear movement of top plate along the first rail bearing; placing a battery in the space between the top plate and the stationary bottom plate; and measuring (via determination of the air gap), with a linear encoder, a separation between the top plate and the stationary bottom plate (par.[0111-0117]).
ADACHI discloses all limitations, but differs from the claimed invention because he does not explicitly disclose a dynamic top plate being coupled to a first end of a pivot arm that rotates in a first direction about a pivot bearing to lift the first end upward while simultaneously lowering a second opposite end of the pivot arm attached to a counterweight, the counterweight being slidably coupled to a second rail bearing oriented such that the counterweight slides linearly in response to the upward force; removing the upward force to allow the top plate to fall into contact with a top surface of the battery
Otsuki discloses and shows in Fig. 4 a dynamic top plate being coupled to a first end of a pivot arm (via hinge part) that rotates in a first direction about a pivot bearing to lift the first end upward while simultaneously lowering a second opposite end of the pivot arm attached to a counterweight, a counterweight (via lock release member) being slidably coupled to a second rail bearing oriented such that the counterweight slides linearly in response to the upward force; removing the upward force to allow the top plate to fall into contact with a top surface of the battery (par.[0074-0077])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of ADACHI by using a dynamic top plate being coupled to a first end of a pivot arm that rotates in a first direction about a pivot bearing to lift the first end upward while simultaneously lowering a second opposite end of the pivot arm attached to a counterweight, the counterweight being slidably coupled to a second rail bearing oriented such that the counterweight slides linearly in response to the upward force; removing the upward force to allow the top plate to fall into contact with a top surface of the battery for advantages such as reducing adverse effects (par.[0016]) , as taught by Otsuki.
As for claim 10, ADACHI in combination with Otsuki discloses and shows in Figs. 1 and 20 the counterweight and the dynamic top plate are adapted for movement that is exclusively in a linear direction parallel to an axis of first rail bearing and the second rail bearing.
As for claim 15, ADACHI discloses and shows in Figs. 1 and 20 a parallel plate measurement apparatus comprising: a bottom plate (ref’s base); a stabilizing mast portion secured to and protruding from the bottom plate; a top plate (ref’s press plate) affixed to a first side of the stabilizing mast portion by a first connection mechanism that locks the top plate in an orientation substantially parallel to the bottom plate while permitting selective movement of the top plate in a direction perpendicular to the bottom plate; a measurement tool (via determination of the air gap) adapted to measure a separation between the bottom plate and the top plate (par.[0111-0117]).
ADACHI discloses all limitations, but differs from the claimed invention because he does not explicitly disclose a counterweight affixed to a second side of the stabilizing mast portion by a second connection mechanism that permits selective movement of the counterweight in the direction perpendicular to the bottom plate; a pivot arm that rotates about a pivot bearing coupled to the stabilizing mast portion, the pivot arm configured to: lift the counterweight and lower the top plate when rotated in a first direction; and lift the top plate and lower the counterweight when rotated in a second direction opposite the first direction
Otsuki discloses and shows in Fig. 4 a counterweight (via lock release member) affixed to a second side of the stabilizing mast portion by a second connection mechanism that permits selective movement of the counterweight in the direction perpendicular to the bottom plate; a pivot arm (via hinge part) that rotates about a pivot bearing coupled to the stabilizing mast portion, the pivot arm configured to: lift the counterweight and lower the top plate when rotated in a first direction; and lift the top plate and lower the counterweight when rotated in a second direction opposite the first direction (par.[0074-0077])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of ADACHI by using a counterweight affixed to a second side of the stabilizing mast portion by a second connection mechanism that permits selective movement of the counterweight in the direction perpendicular to the bottom plate; a pivot arm that rotates about a pivot bearing coupled to the stabilizing mast portion, the pivot arm configured to: lift the counterweight and lower the top plate when rotated in a first direction; and lift the top plate and lower the counterweight when rotated in a second direction opposite the first direction for advantages such as reducing adverse effects (par.[0016]) , as taught by Otsuki.
As for claim 18, ADACHI in combination with Otsuki discloses and shows in Figs. 1 and 20 a first end of the pivot arm is attached to top plate by a first flexible band, wherein flexing motion of the first flexible band allows the pivot arm to rotate about the pivot bearing without imparting a corresponding rotation to the top plate
Claim(s) 2,11, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over ADACHI, (USNO.2014/0011056) in view of Otsuki et al, (Otsuki),(USNO.2010/0026609) and further in view of Haisty et al, (Haisty),(USNO.2011/0166824)
As for claim 2, ADACHI in combination with Otsuki discloses all limitations, but differs from the claimed invention because he does not explicitly disclose an encoder strip that includes optically-readable markings; a linear encoder configured to count the optically-readable markings and linear encoder
Haisty discloses an encoder strip that includes optically-readable markings; a linear encoder configured to count the optically-readable markings and linear encoder (par.[1002])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the combined teachings of ADACHI and Otsuki by using an encoder strip that includes optically-readable markings; a linear encoder configured to count the optically-readable markings and linear encoder for advantages such as providing an increase degree of accuracy measurement (par.[1002]), as taught by Haisty.
As for claim 11, ADACHI in combination with Otsuki and Haisty discloses and shows in Figs. 1 and 20 the linear encoder is programmed to optically read marking on an encoder strip that passes through a detection region as the dynamic top plate moves up and down.
As for claim 16, ADACHI in combination with Otsuki and Haisty discloses measurement tool further comprises: an encoder strip that includes optically-readable markings; a linear encoder configured to count the optically-readable markings that pass through a detection region, wherein movement of the top plate in the direction perpendicular to the bottom plate causes the encoder strip to move relative to the linear encoder
Claim(s) 6,7,12,-14,17,19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ADACHI, (USNO.2014/0011056) in view of Otsuki et al, (Otsuki),(USNO.2010/0026609) and further in view of Yoon et al, (Yoon), (USNO.2017/0074634)
As for claim 6, ADACHI in combination with Otsuki discloses all limitations, but differs from the claimed invention because he does not explicitly disclose a sample collection module stored in memory and executable to configured to: repeatedly cycle charge level of a battery while the battery is positioned between the dynamic top plate and the stationary bottom plate; while cycling the charge level of the battery, track a number of charge cycles completed while concurrently collecting a series of charge level samples and battery thickness measurements that temporally coincide with the charge level samples; and store a dataset that includes each of the charge level samples temporally correlated with a corresponding thickness measurement and the number of charge cycles completed at a corresponding measurement time.
Haisty discloses a sample collection module stored in memory and executable to configured to: repeatedly cycle charge level of a battery while the battery is positioned between the dynamic top plate and the stationary bottom plate; while cycling the charge level of the battery, track a number of charge cycles completed while concurrently collecting a series of charge level samples and battery thickness measurements that temporally coincide with the charge level samples; and store a dataset that includes each of the charge level samples temporally correlated with a corresponding thickness measurement and the number of charge cycles completed at a corresponding measurement time (par.[0028-0029])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the combined teachings of ADACHI and Otsuki by using a sample collection module stored in memory and executable to configured to: repeatedly cycle charge level of a battery while the battery is positioned between the dynamic top plate and the stationary bottom plate; while cycling the charge level of the battery, track a number of charge cycles completed while concurrently collecting a series of charge level samples and battery thickness measurements that temporally coincide with the charge level samples; and store a dataset that includes each of the charge level samples temporally correlated with a corresponding thickness measurement and the number of charge cycles completed at a corresponding measurement time for advantages such as understanding and predicting the behavior of the battery during actual use (par.[0008]) , as taught by Haisty.
As for claim 7, ADACHI in combination with Otsuki and Yoon discloses parallel plate measurement system further includes: thermocouples configured to sample a temperature of the battery and of an ambient environment during battery cycling, and wherein the sample collection module is further executable to collect samples of battery temperature and ambient air temperature that temporally coincide with the charge level samples (par.[0067]).
As for claim 12, ADACHI in combination with Otsuki and Yoon discloses repeatedly cycling charge level of the battery while the battery is positioned between the dynamic top plate and the stationary bottom plate;
during the charge cycling: actively tracking a number of charge cycles completed;
collecting a series of charge level samples; collecting a series of temperature measurements of the battery and ambient environment; and collecting a series of thickness measurements that temporally coincide with the charge level samples and the temperature measurements; storing a dataset that includes each of the charge level samples temporally correlated with a corresponding thickness measurement and the number of charge cycles completed at a corresponding measurement time; and
programming an electronic device to generate a battery maintenance recommendation based on the dataset and one or more observed battery characteristics of a battery within the electronic device.
As for claim 13, ADACHI in combination with Otsuki and Yoon discloses identifying a critical thickness of the battery corresponding to a predetermined likelihood of negatively impacting performance of electronic device as a result of outward pressure that the battery applies to a battery chamber (par,[0010]). ADACHI in combination with Otsuki and Yoon discloses the claimed invention except for battery maintenance recommendation is a recommendation to replace the battery before the battery reaches the critical thickness. It would have been obvious to one of ordinary skill in the art at the time of the invention was made to replace the battery before the battery reaches the critical thickness since it would have flown naturally to one of ordinary skill in the art as necessitated by the specific requirements of a given application.
As for claim 14, ADACHI in combination with Otsuki and Yoon discloses determining, based on a cross-sectional area of the battery, magnitude of a downward force necessary to subject the battery to a predefined target pressure; and
adjusting mass of the counterweight to alter a downward force applied by the dynamic top plate to match the downward force (par,[0010]).
As for claim 17, ADACHI in combination with Otsuki and Yoon disclose the top plate is dynamic and the counterweight is adjustable to adjust a force that the top plate applies to a battery sandwiched between the bottom plate and the top plate
As for claim 19, ADACHI in combination with Otsuki and Yoon disclose a battery parameter measurement module stored in memory and configured to measure charge level of a battery positioned between the bottom plate and the top plate; and a sample collection module stored in memory and executable to configured to: instruct the battery parameter measurement module to collect a series of charge level samples while the battery is cycled multiple times; transmit control signals that cause the measurement tool to collect a series of thickness measurements that temporally coincide with the charge level samples; and store a dataset that includes each of the charge level samples temporally correlated with a corresponding thickness measurement and charge cycle count for the battery
As for claim 20, ADACHI in combination with Otsuki and Yoon disclose parallel plate measurement apparatus further comprises: thermocouples configured to sample a temperature of the battery and of an ambient environment during battery cycling, wherein the dataset stored by the sample collection module includes temperature samples for the battery and the ambient environment
Allowable Subject Matter
Claims 5 and 9 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:
Claim 5: dynamic top plate is coupled to the first end of the pivot arm by a first flexible band and the counterweight is coupled to the second end of the pivot arm by a second flexible band, the first flexible band and the second flexible band functioning to prevent rotation of the pivot arm from imparting a corresponding rotation on the dynamic top plate and the counterweight, in combination with the remaining limitations of independent claims
Claim 9: dynamic top plate is coupled to the first end of the pivot arm by a first flexible coupling and the counterweight is coupled to a second end of the pivot arm by a second flexible coupling, the first flexible coupling and the second flexible coupling permitting the pivot arm to rotate about the pivot bearing without imparting a corresponding rotation to the dynamic top plate and the counterweight, in combination with the remaining limitations of independent claims
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN C WILLIAMS whose telephone number is (571)272-9765. The examiner can normally be reached on M-F 9 a.m. - 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached on 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARUN C WILLIAMS/ Primary Examiner, Art Unit 2859
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