DETAILED ACTION
This is the first Office action on the merits of Application No. 18/835,621. Claims 1-12 are pending.
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 statements (IDS) submitted on 8/2/2024 and 9/27/2024 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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 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 1-2, 4-5, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Doh (US Patent Publication 20110095623).
Regarding claim 1, Doh discloses an electric bicycle battery (Fig. 2, 100) with a housing (Fig. 1, 110a) and at least one battery cell (Fig. 1, 112) arranged within the housing, wherein at least one activation sensor (Fig. 1, e.g. 120) for the detection of an activation operation is arranged within the housing (Fig. 2).
Regarding claim 2, Doh discloses the electric bicycle battery according to claim 1, wherein the activation sensor comprises at least one acceleration sensor (tilt sensor 120 and paragraph [0034]).
Regarding claim 4, Doh discloses the electric bicycle battery according to claim 1, wherein the activation sensor is connected to the at least one battery cell and is supplied with energy by way of the battery cell (Fig. 1).
Regarding claim 5, Doh discloses the electric bicycle battery according to claim 1, wherein the electric bicycle battery has at least two operating modes, wherein a first operating mode is a deep-sleep mode, and wherein a second operating mode is a quiescent mode (Fig. 6).
Regarding claim 7, Doh discloses the electric bicycle with an electric bicycle battery according to claim 1 (Fig. 2, 100).
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wigney (WIPO Publication WO2021025561, cited on the IDS).
Regarding claim 1, Wigney discloses an electric bicycle battery (“any other form factor known to those in the art, including for example mobile phone, drone, and vehicle battery forms”) with a housing (108) and at least one battery cell (102) arranged within the housing, wherein at least one activation sensor (activation circuit 202) for the detection of an activation operation is arranged within the housing (“the activation circuit 202 to be housed entirely within the housing 108 of the battery 100 as shown in Figure 1”).
Regarding claim 3, Wigney discloses the electric bicycle battery according to claim 1, wherein the activation sensor comprises an inductive sensor, a light-sensitive sensor, and/or an acoustic sensor (“for example, the sensor may be an accelerometer, microphone, light sensor, pressure sensor, audio sensor or gyroscope. Alternatively the input means may be touch-based, for example it may include a mechanical, capacitive, inductive or resistive touch interface or button”).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wigney (WIPO Publication WO2021025561, cited on the IDS) in view of Hinterberger (US Patent Publication 20180034114, cited on the IDS).
Regarding claim 6, Wigney discloses the electric bicycle battery according to claim 5.
Wigney does not disclose the third operating mode.
Hinterberger discloses the electric bicycle battery has a third operating mode, which is a shipping mode (paragraph [0024]). Hinterberger teaches this makes handling of the batter cells safely (paragraph [0024]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wigney to incorporate the third operating mode of Hinterberger with a reasonable expectation of success for the advantage handling of the batter cells safely (paragraph [0024])
Allowable Subject Matter
Claims 8-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 8, the prior art does not disclose or render obvious the method including providing the electric bicycle battery in a disassembled state and a first operating mode, detecting an activation operation using at least one activation sensor, and switching the electric bicycle battery triggered by the activation operation, into a second operating mode, whereby the electric bicycle battery displays a state of charge and/or a fault code, in combination with the other elements required by the claim.
Claims 9-12 are allowable for being dependent on an allowable claim.
The closest prior art, (WIPO Publication WO2021025561) in view of Hinterberger (US Patent Publication 20180034114), discloses a battery and a shipping mode, but does not disclose the link between providing the electric bicycle battery in a disassembled state and a first operating mode and detecting an activation operation using at least one activation sensor. There is no suggestion in the prior art to detect the activation operation in the disassembled state.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Searles (US Patent Publication 20200220133) discloses a battery holder for a bicycle.
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/LORI WU/Primary Examiner, Art Unit 3655
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