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 .
Response to Arguments
Applicant's arguments filed January 2, 2026 have been fully considered but they are not persuasive.
Regarding claim 21,
applicant states that “Krauss teaches identification of a battery, and not a cell within a battery, and that such an identification is undertaken by a user, based on an identification signal (visual or audible) generated by the battery. In contrast, claim 1 recites a processor that is configured to determine the position of the battery cell in the first state relative to the other battery cells within the battery, based on the received first signal associated with the battery cell in the first state. That is, as claimed, there is no need for a human (user) to be present to uniquely identify the battery cell; rather this task is carried out by the processor directly.” Examiner disagrees with this statement. A battery consists of one or more battery cells connected together to power devices and can be just one battery cell. Secondly, Krauss’ method is carried out by the processor directly (The invention is based on a battery with an identification code and a processing unit. The essence of the invention is that the battery has a radio module and the processing unit is set up to generate an identification signal on an authenticated request received by the radio module. Page 2 5th paragraph). Thirdly, Krauss teaches determine the position of the battery cell in the first state relative to the other battery cells within the battery (The object of the invention is to enable a user to identify or localize his battery among several batteries. Page 2 4th paragraph. All batteries are in Bluetooth advertising mode. The mobile device 500 sends a signal in the form of an authenticated request 320 and connects to the associated battery 10th to a point-to-point connection. The charging status LEDs 400 of the battery 10th start blinking (which determines the position of the battery cell relative to the other batter cells.). Page 4 8th paragraph).
applicant states that “Krauss does not explicitly teach or suggest whether such an identification code 100 is part of the identification signal 340 sent by the battery's wireless module or the authentication request sent by the user device, and such teaching is not inherent from Krauss.”. Examiner disagrees with this statement. Krauss discloses “Any battery 10th has an identification code 100, for example a special serial number that is permanently assigned by the manufacturer. This serial number is sent to a radio module integrated in the battery by means of the processing unit 200 (for example, Bluetooth or WiFi). Page 3 8th paragraph).
applicant states that “For example, there would be no practical purpose (for Krauss) in associating the position of a battery within a storage room, as that position is likely to change the next time a user replaces or moves the battery in the storage area.” Examiner disagrees with this statement. Krauss discloses “a method for identifying and / or locating a battery” (Abstract), which involves associating the determined position with the received unique ID of the battery cell in the first state.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21-23, 25, 27-35, 37-40 and 42-43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Krauss (DE Patent Publication No.: DE 102018218627 A1).
Regarding claim 21, Krauss teaches a processor for determining a position of a battery cell within a battery system comprising a plurality of battery cells (The invention advantageously enables a user to identify his battery (which reads on “a battery cell”.) among several batteries (which reads on “a battery system comprising a plurality of battery cells”.) and to communicate the distance to his battery. Page 3 2nd paragraph), each battery cell having a unique identifier ID (Any battery 10th has an identification code 100 , for example a special serial number that is permanently assigned by the manufacturer. Page 3 8th paragraph) and each battery cell being configured to emit a first signal (the processing unit (300) is set up to generate an identification signal (340). Abstract) when in a first state (on a request (320) received by the radio module (200). Abstract), the first signal enabling the battery cell in the first state to be distinguished from other cells of the plurality of [[other]] battery cells comprised in the battery system (The essence of the invention is that the rechargeable battery has a radio module (200) and the processing unit (300) is set up to generate an identification signal (340) on a request (320) received by the radio module (200) also a method for identifying and / or locating a battery. Abstract. All batteries are in Bluetooth advertising mode. The mobile device 500 sends a signal in the form of an authenticated request 320 and connects to the associated battery 10th to a point-to-point connection. The charging status LEDs 400 of the battery 10th start blinking (i.e., to be distinguished from other battery cells in the battery system). Page 4 8th paragraph), the processor being configured to: receive a first signal associated with a battery cell (the processing unit (300) is set up to generate an identification signal (340). Abstract) in the first state (on a request (320) received by the radio module (200). Abstract); receive the unique ID associated with the battery cell (An advantageous embodiment of the battery provides that the processing device is set up to send out the identification signal by means of the radio module. Page 2 8th paragraph. Any battery 10th has an identification code 100, for example a special serial number that is permanently assigned by the manufacturer. This serial number is sent to a radio module integrated in the battery by means of the processing unit 200 (for example, Bluetooth or WiFi). Page 3 8th paragraph) in the first state (on a request (320) received by the radio module (200). Abstract); determine the position of the battery cell in the first state (a method for identifying and / or locating a battery. Abstract) relative to the other battery cells within the battery system (The object of the invention is to enable a user to identify or localize his battery among several batteries. Page 2 4th paragraph. All batteries are in Bluetooth advertising mode. The mobile device 500 sends a signal in the form of an authenticated request 320 and connects to the associated battery 10th to a point-to-point connection. The charging status LEDs 400 of the battery 10th start blinking (which determines the position of the battery cell relative to the other batter cells.). Page 4 8th paragraph), based on the received first signal associated with the battery cell in the first state (An advantageous embodiment of the method provides that the identification signal is received by a mobile terminal and the distance and / or the direction of the battery relative to the mobile terminal is determined from the signal strength in the mobile terminal. Page 2 14th paragraph); and associate the determined position with the received unique ID of the battery cell in the first state (As soon as the terminal has recognized the battery by means of the radio signal, the terminal can use the radio waves and the strength of the signal to determine the distance between the battery and the terminal and communicate this to the user. In addition, by switching on the camera, the battery can be highlighted on the display. The battery can also generate an additional signal code (Morse code or special assignment code) by controlling the charge status LEDs. This method enables the user to identify his battery from a large number of batteries. Page 3 last paragraph).
Claims 22-23, 25, 27-35 and 37-39, unamended and are rejected based on Krauss. The grounds of rejection established in the last Office Action is fully incorporated herein.
Apparatus claim 40 is drawn to the method of using the corresponding apparatus claimed in claim 21. Therefore apparatus claim 40 corresponds to apparatus claim 21 and is rejected for the same reasons of anticipation as used above.
Claim 42 is drawn to a non-transitory storage device having computer-executable instructions stored for carrying out the method of using the corresponding apparatus of claim 21. Therefore, claim 42 corresponds to apparatus claim 21, and is rejected for the same reasons of anticipation as used above.
Method claim 43 is drawn to the method of using the corresponding apparatus claimed in claim 21. Therefore method claim 43 corresponds to apparatus claim 21 and is rejected for the same reasons of anticipation as used above.
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.
Claims 24 and 26, unamended and are rejected based on the combination of Krauss (DE Patent Publication No.: DE 102018218627 A1), hereinafter Krauss, in view of Wang (PCT Patent Publication No.: WO 2021027366), hereinafter Wang. The grounds of rejection established in the last Office Action is fully incorporated herein.
Claim 36, unamended and is rejected based on the combination of Krauss (DE Patent Publication No.: DE 102018218627 A1), hereinafter Krauss, in view of Roos (A Statistical Modeling Approach to Location Estimation, IEEE TRANSACTIONS ON MOBILE COMPUTING, VOL. 1, NO. 1, JANUARY-MARCH 2002), hereinafter Roos. The grounds of rejection established in the last Office Action is fully incorporated herein.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/LEI ZHAO/Examiner, Art Unit 2668
/VU LE/Supervisory Patent Examiner, Art Unit 2668