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
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) 12, 14, 15, and 17-19, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 8,471,,532 to Johnson ("Johnson"). Johnson discloses a battery pack and receiving portion of a tool housing configured to receive the battery. Electrical charge is passed from the battery to the tool via positive (110/430) and negative terminals (115/435) in each respective device. The battery includes microcontroller/processor circuitry (140) configured to communicate with the microcontroller/processor circuitry (420) located inside the tool via sense terminal (120). These microncontrollers are configured to transmit digital signals from the battery microcontroller to the tool microcontroller. As but one example, the battery may transmit the currently measured temperature value of the battery, and the tool microcontroller can controller whether or not the battery is able to deliver all (unlocked) or none (locked) of its power based on whether the temperature falls within or outside a desired range. The Office notes that receipt of any digital signal from the battery via sense terminal (120) constitutes an indication that the battery is connected to the tool. The terminals in the receiving portion of the tool allow the power delivered thereto to be delivered to the motor of the power tool.
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.
Claim(s) 1-5, 10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,471,,532 to Johnson ("Johnson"). Johnson is applied as described above. Further regarding claims 1, 10, and 11, Johnson does not disclose that the receptacle for receiving the battery is
Separate from and connectable to its tool. Nonetheless, making an integrated structure separable is considered to be per se obvious, thus this difference is not found to be a patentable one.
Further regarding claims 2, 4, 5, 13, and 20 Johnson is silent regarding whether the communication regarding temperature information and power delivery is continuous. Nonetheless, because thermal runaway can happen quickly and catastrophically, the Office finds the person of ordinary skill in the art at the time of invention would have reason to ensure the monitoring of temperature and related control of power delivery is based on a constant communication of information.
Further regarding claim 3, the Johnson discloses that information regarding temperature can be either in the form of digitized thermistor values, or direct analog signal from a thermistor. Moreover, choosing to deliver the information in digital or analog form is nothing more than common engineering implementation principles.
Claims 6-9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of U.S. Patent Application Publication No. 2008/00037779 to Seman ("Seman"). Regarding claims 6-8 and 16, Johnson is applied as described above. Johnson is silent regarding an encrypted signal.
Seman discloses that there is concern regarding whether a battery and power tool are suitable for use together. In order to ensure that a battery and tool are suitable for use together, Seman discloses transmitting encrypted signal from battery to tool and tool to battery, with each having a key to decrypt incoming message in order to verify that the battery connected to the tool is suitable for use with it before allowing power to be output from the battery. The battery is only allowed to discharge when unlocked by receipt of the signal. Accordingly, in order to ensure the battery used in Johnson was suitable for use with its tool, the person of ordinary skill in the art would have reason to provide encryption keys that allow for encrypted signals to be sent back and forth between the devices, decrypted, and confirming that the battery attached to the tool is suitable for use therewith before allowing power to be transmitted.
Further regarding claim 9, the Office notes that removing the battery from the receptacle necessarily places it in the locked mode since it disconnects the positive/negative terminals of the battery from the circuit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT P MCCONNELL whose telephone number is (571)270-7531. The examiner can normally be reached 9am to 5pm M-F.
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, Barbara Gilliam can be reached at 571-272-1330. 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.
/WYATT P MCCONNELL/Examiner, Art Unit 1727
Prosecution Insights