DETAILED ACTION
The following is a first action on the merits of application serial no. 18/681387 filed 2/5/2024.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed 3/14/24 and 4/9/26 have been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one charger storage as recited in claim 17 and disclosed as reference character 15 under list of reference signs in specification must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 14 and 15 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 14 recites the limitation “wherein the first temperature value corresponds to between 55 C and 65 C, in particular 60 C”. The phrase "in particular" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
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.
Claims 8-17 is/are rejected under 35 U.S.C. 103 as being obvious over Mayer et al 20220344960 in view of EP 3046211 (IDS cited art) and Nakasho et al 20060043926 (IDS cited art).
The applied reference (Mayer et al) has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference (10/1/2019), it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
As to claim 8, Mayer discloses a method for open-loop and closed-loop control of a rechargeable battery for supplying a power tool with electrical energy (abstract), the rechargeable battery containing at least one energy storage cell (23), at least one temperature sensor for detecting at least one temperature value of the rechargeable battery (27), a current measurer ([0035], lines 16-19), a voltage measurer (26) and a rechargeable battery controller (25) having at least one rechargeable battery storage (28). However, Mayer doesn’t disclose the method comprising the steps of: setting a first charging current value for charging the rechargeable battery; charging the rechargeable battery with the first charging current value until a first temperature value is reached; setting a second charging current value for charging the rechargeable battery for maintaining the first temperature value for a first predetermined time duration; setting a third charging current value for charging the rechargeable battery after a second predetermined time duration has elapsed; and setting a first voltage value after the second predetermined time duration has elapsed.
EP discloses controlling charging of a rechargeable battery and shows that it is well known in the art to have method steps comprising: setting a first charging current value for charging the rechargeable battery ([0033], lines 2-6); charging the rechargeable battery with the first charging current value until a first temperature value is reached ([0033], lines 7-8); setting a second charging current value for charging the rechargeable battery for maintaining the first temperature value for a first predetermined time duration ([0033], lines 8-10); setting a third charging current value for charging the rechargeable battery after a second predetermined time duration has elapsed (Figure 5 and [0028] describes that current is set back to original value if temperature drops before full charge); and setting a first voltage value after the second predetermined time duration has elapsed (via 116’ during full charge).
Nakasho discloses controlling charging of a rechargeable battery and shows that it is well known in the art to have method steps comprising: setting a first charging current value for charging the rechargeable battery ([0106]-[0107]); charging the rechargeable battery with the first charging current value until a first temperature value is reached ([0121], between 57-60 degrees); setting a second charging current value for charging the rechargeable battery for maintaining the first temperature value for a first predetermined time duration ([0121]-[0122], via hold charge step); setting a third charging current value for charging the rechargeable battery after a second predetermined time duration has elapsed ([0128] describes that current is reduced again when near full charge); and setting a first voltage value after the second predetermined time duration has elapsed (Figure 26, voltage is set between 1.7 and 1.8).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention provide to provide Mayer with the charging method steps in view of EP and Nakasho to avoid overcharging of battery when close to full charge which reduces deterioration and enhances battery performance.
As to claim 9, Mayer in view of Nakasho discloses wherein the energy storage cells have a lowest internal resistance at the first temperature value ([0118] in Nakasho).
As to claim 10, Mayer in view of Nakasho discloses wherein the first charging current value corresponds to a value of between 16 and 20 A ([0119] in Nakasho discloses that the battery capacity is 2100 mAh and the charging current is 1.5C to 10C which calculates to a current value of 3.15A to 21A range).
As to claim 11, Mayer in view of Nakasho discloses wherein the first charging current value is 18 A ([0119] in Nakasho discloses that the battery capacity is 2100 mAh and the charging current is 1.5C to 10C which calculates to a current value of 3.15A to 21A range).
As to claim 12, Mayer in view of Nakasho discloses wherein the second charging current value corresponds to a value of between 10 and 14 A ([0119] in Nakasho discloses that the battery capacity is 2100 mAh and the charging current is 1.5C to 10C which equates to a current value of 3.15A to 21A range).
As to claim 13, Mayer in view of Nakasho discloses wherein the second charging current value is 12 A ([0119] in Nakasho discloses that the battery capacity is 2100 mAh and the charging current is 1.5C to 10C which calculates to a current value of 3.15A to 21A range).
As to claim 14, Mayer in view of Nakasho discloses wherein the first temperature value corresponds to between 55°C and 65°C, in particular 60°C ([0121] in Nakasho discloses the hold temperature to be between 57 to 60 degrees).
As to claim 15, Mayer in view of Nakasho discloses wherein the first temperature value is 60°C ([0121] in Nakasho discloses the hold temperature to be between 57 to 60 degrees).
As to claim 16, Mayer discloses a rechargeable battery for carrying out the method as recited in the rechargeable battery comprising: the at least one energy storage cell (23), the at least one temperature sensor for detecting at least one temperature value of the rechargeable battery (27), the current measurer ([0035], lines 16-19), the voltage measurer (26) and the rechargeable battery controller (25) having the at least one rechargeable battery storage (28).
As to claim 17, Mayer in view of EP discloses charger (100’ in EP) for carrying out the method as recited in claim 8, the charger comprising a charger controller (118’ in EP) having at least one charger storage (well known in art via what is shown in Figure 12).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Seo et al 20180069272 (Figure 4) and Lim et al 20220006313 (Figure 3) disclose systems for charging rechargeable batteries and shows that it is well known in the art to set multiple current values at predetermined times of charging based on battery temperature values.
-The examiner has considered the PCT written opinion as filed and agrees that the prior art meets the method step limitations as recited (although both lack the rechargeable battery control system as recited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TISHA D LEWIS whose telephone number is (571)272-7093. The examiner can normally be reached Mon-Fri: 8:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna M Momper can be reached at 571-270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tdl
/TISHA D LEWIS/Primary Examiner, Art Unit 3619 August 21, 2026
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