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 .
DETAILED ACTION
1. This communication is a first office action, non-final rejection on the merits. Claims 21-40, filed as preliminary amendment, are currently pending and have been considered below.
Response to Amendment
2. Applicant’s amendment filed January 27, 2025. Claims 1-20 cancelled. Claims 21-40 presented for Examination. Applicant’s amendment has been fully considered and entered.
Priority
3. As required by M.P.E.P.201.14(c), acknowledgement is made of applicant’s claim for priority based on applications filed on August 01, 2023 (PCT/US 2023/071413) and U.S. provisional application number 63/394433 filed on 08/02/2022.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 01/27/2025 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Rejections - 35 USC § 101
5. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 40 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to “one or more computer-readable media”. Computer-readable media, as discussed in paragraph [0126] of the specification, discusses a computer- readable medium comprising instructions for battery testing, wherein the instructions, when executed by one or more processors and [0123], storing instructions that when executed by the one or more processors. However, paragraph [0126] specifically does not limit what can be included as storage medium. Therefore, the term computer medium is reasonably interpreted to include communication media, such as carrier waves, which are not considered to be statutory subject matter.
In order to correct this issue, the claims may be amended to positively identify the “One or more computer-readable media” to be non-transitory.
Claim Rejections - 35 USC § 103
6. 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 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 of this title, 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.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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.
8. 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.
9. Claims 21-23 and 25-40 are rejected under 35 U.S.C. 103(a) as being unpatentable over Barrieau et al. (US 20150221211 A1) (hereinafter Barrieau) in view of FELTHAM (US 20220181707 A1) (hereinafter FELTHAM).
Regarding claim 21, Barrieau discloses a method of battery testing (para 01, method for testing battery in alarm systems), comprising:
a first battery configured in the system (Fig. 1-2, para 18, alarm panel 14 include a primary power source 23 (i.e first battery)); or
a device that is addressable by the control unit; and testing, by the control unit (para 20, battery backup 25 is placed under test, test circuitry 30 that produce output signals that converted into digital input signals by controller 27. When battery backup 25 is discharged, controller 27 monitor voltage and output current of battery backup 25, para 23, battery capacity test of alarm system 10 initiated, para 19, controller 27 that facilitates control and supervision of initiating devices, controller 27 configured to dictate, via hardware and/or software switching mechanisms and in response to automatic or manual input (i.e addressable by the control unit), para 25, controllers 27 switch alarm panels 14 back to power sources 23, para 15, system 10 for facilitating and enabling selecting routing control signal (i.e addressable by the control unit)),
a second battery of the control unit by using the existing load selected by the control unit to discharge the second battery (Fig. 2, backup battery 25 (i.e secondary battery), controller 27, para 18, alarm panel 14 secondary battery backup power source 25, para 20, FIG. 2, alarm panel 14 provided with test circuitry 30 configured to monitor discharge rate of the battery backup 25, controller monitor voltage and output current of the battery backup 25 over time via the test circuitry 30 (i.e control unit to discharge)).
Barrieau specifically fails to disclose selecting, by a control unit of a system, an existing load configured in the system,
wherein the existing load is connected to the control unit.
In analogous art, FELTHAM discloses selecting, by a control unit of a system, an existing load configured in the system (FIG. 11, circuitry 1103 , transponder 1107, e.g., a strobe or a speaker, secondary battery (target battery 1105- second battery), primary battery 1101 (i.e. first battery) , claim 12, load is selected to draw approximately 20% of a maximum current draw load for the battery, claim 18, load is selected to draw approximately 20% of a maximum current draw load for the battery),
wherein the existing load is connected to the control unit (Fig. 11, MCU 1151, load 1155, para 005, microprocessor controls the test circuit and the load circuit to determine the state of the target battery, para 11, load circuit, microcontroller, and wires for electrically connecting to the battery).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of system and method for testing the capacities of battery backups in alarm systems disclosed by Barrieau to use alarm system device having a self-testing capability includes a first independent power source connected to a detector module and a second independent power source connected to a self-test module as taught by FELTHAM to use microprocessor controls the test circuit and the load circuit to determine the state of the target battery and to execute an activation algorithm, the parameters of which are dependent upon the determined target battery state, [FELTHAM, para 05].
Regarding claim 22, Barrieau discloses the method of claim 21, wherein the device is controllable by and/or powered by the control unit (para 19, controller 27 dictate hardware and/or software switching mechanisms and and receives power from the AC power source, para 25, system controllers 27 switch back to AC power sources 23 to draw power).
Regarding claim 23, Barrieau discloses the method of claim 21, wherein the first battery has been previously tested and at least partially discharged (para 20, FIG. 2, test circuitry 30 to monitor discharge of the battery 25 when used to power, or battery 25 discharged, para 28, test circuitry 30 indicates that the battery backups 25 are nearly completely discharged).
Regarding claim 25, Barrieau discloses the method of claim 21, wherein the first battery is configured within the control unit or within another control unit of the system (Fig. 2, para 18, The alarm panel 14 may include a primary AC power source).
Regarding claim 26, Barrieau discloses the method of claim 21, wherein the device comprises a speaker or an audible notification appliance (para 02, plurality of notification appliances (e.g. horn/strobe units) installed that are configured to be activated upon the detection of an alarm condition, para 15, notification appliances 12 shown in FIG. 1 as being strobe/horn units, but it is contemplated that other varieties of notification appliances, such as sirens, bells, buzzers, etc).
Regarding claim 27, Barrieau discloses the method of claim 26, wherein testing the second battery comprises using the second battery to operate the speaker or the audible notification appliance at an inaudible frequency (para 15, alarm system 10 for facilitating and enabling selective routing of command/control signals).
Regarding claim 28, Barrieau discloses the method of claim 21, wherein the device comprises a visual notification appliance (para 02, plurality of notification appliances (e.g. horn/strobe units) installed that are configured to be activated upon the detection of an alarm condition).
FELTHAM also discloses detection systems comprise many components, such as fire panels, smoke and other environmental detectors, visual and/or audible notification appliances [01].
Regarding claim 29, Barrieau discloses the method of claim 28, wherein testing the second battery comprises supplying a continuous current to the visual notification appliance (para 02, plurality of notification appliances (e.g. horn/strobe units) installed that are configured to be activated upon the detection of an alarm condition).
FELTHAM also discloses detection systems comprise many components, such as fire panels, smoke and other environmental detectors, visual and/or audible notification appliances [01].
Regarding claim 30, Barrieau discloses the method of claim 28, wherein testing the second battery comprises operating the visual notification appliance at a dimmed state (para 02, plurality of notification appliances (e.g. horn/strobe units) installed that are configured to be activated upon the detection of an alarm condition).
FELTHAM also discloses detection systems comprise many components, such as fire panels, smoke and other environmental detectors, visual and/or audible notification appliances [01].
Regarding claim 31, Barrieau discloses the method of claim 21, wherein testing the second battery comprises using the existing load to discharge the second battery at a pre-determined rate (para 05, discharging to determine the capacities of the battery backups, discharging provide battery backup's true operational capacity, para 20, test circuitry 30 configured to monitor discharge rate of battery backup 25 , When the battery backup 25 is discharged, system controller 27 monitor battery backup 25 over time).
Regarding claim 32, Barrieau discloses the method of claim 21, wherein testing the second battery comprises using the existing load to discharge the second battery for a pre-determined period of time (para 20, test circuitry 30 to monitor discharge rate of battery backup 25, When battery backup 25 is discharged, controller 27 monitor battery backup 25 over time, para 27, estimated discharge that occur during alarm period).
Regarding claim 33, Barrieau discloses the method of claim 21, wherein the system comprises a fire alarm system, wherein the control unit comprises a fire alarm control unit (para 02, monitored building that are configured to be activated upon the detection of an alarm condition, such as the presence of fire or smoke).
Regarding claim 34, Barrieau discloses the method of claim 21, further comprising storing, by the control unit, a log of the testing of the second battery (para 20, measured capacity may then be logged, determined that capacity of battery backup 25 has fallen below a predetermined minimum capacity value, a fault condition logged and an alert can be issued, para 20, determine the capacity of the battery backup 25, such as in ampere-hours. The measured capacity may then be logged).
Regarding claim 35, Barrieau discloses the method of claim 21, further comprising generating, by the control unit, a report of the testing of the second battery (Abstract, monitoring facility where it may be compiled with information relating to the capacities of other battery backups in the alarm system to create a report, para 09, determining, from the monitored voltages and output currents of the battery backups, information relating to the capacities of the battery backups, and compiling the information relating to the capacities of the battery backups to create a report).
Regarding claim 36, Barrieau discloses the method of claim 21, wherein selecting the existing load comprises selecting one or more devices configured to collectively draw a pre-determined amount of current from the second battery (para 07, monitor a voltage and an output current of the battery backup when the battery backup is placed under a battery capacity test and determine capacity of the battery backup).
Regarding claim 37, Barrieau discloses the method of claim 36, wherein the pre-determined amount of current is configured for testing the second battery by drawing the pre-determined amount of current over a pre-determined amount of time (para 20, controller 27 monitor voltage and output current of the battery backup 25 over time via the test circuitry 30 to determine the capacity of the battery backup 25, such as in ampere-hours, para 02, alarm systems provided with a secondary power source, capable of providing power for a predetermined amount of time, para 22, data include a predetermined standby period duration and a predetermined alarm period duration that each battery backup 25).
Regarding claim 38, Barrieau discloses an apparatus for battery testing (para 01, method for testing battery in alarm systems, para 15, alarm system 10 for facilitating and enabling selecting routing of command/control signal), comprising: one or more processors; and one or more memories communicatively coupled with the one or more processors and, individually or in combination (para 34, The microprocessor connected to a communication bus. The computer include memories. The memories include Random Access Memory (RAM), Read Only Memory (ROM), and/or flash memory),
storing instructions that when executed by the one or more processors, individually or in combination, cause the one or more processors (para 38, computer program stored in memory for execution by a computer, such memory including RAM memory, ROM memory) to:
a first battery configured in the system; or a device that is addressable by the control unit (Fig. 1-2, para 18, alarm panel 14 include a primary power source 23 (i.e first battery), para 20, battery backup 25 is placed under test, test circuitry 30 that produce output signals that converted into digital input signals by controller 27. When battery backup 25 is discharged, controller 27 monitor voltage and output current of battery backup 25, para 23, battery capacity test of alarm system 10 initiated, para 19, controller 27 that facilitates control and supervision of initiating devices, controller 27 configured to dictate, via hardware and/or software switching mechanisms and in response to automatic or manual input (i.e addressable by the control unit), para 25, controllers 27 switch alarm panels 14 back to power sources 23, para 15, system 10 for facilitating and enabling selecting routing control signal (i.e addressable by the control unit)); and
testing, by the control unit, a second battery of the control unit by using the existing load selected by the control unit to discharge the second battery (Fig. 2, backup battery 25 (i.e secondary battery), controller 27, para 18, alarm panel 14 secondary battery backup power source 25, para 20, FIG. 2, alarm panel 14 provided with test circuitry 30 configured to monitor discharge rate of the battery backup 25, controller monitor voltage and output current of the battery backup 25 over time via the test circuitry 30 (i.e control unit to discharge)).
Barrieau specifically fails to disclose select, by a control unit of a system, an existing load configured in the system,
wherein the existing load is connected to the control unit.
In analogous art, Barson discloses select, by a control unit of a system, an existing load configured in the system (FIG. 11, circuitry 1103 , transponder 1107, e.g., a strobe or a speaker, secondary battery (target battery 1105- second battery), primary battery 1101 (i.e. first battery) , claim 12, load is selected to draw approximately 20% of a maximum current draw load for the battery, claim 18, load is selected to draw approximately 20% of a maximum current draw load for the batter),
wherein the existing load is connected to the control unit (Fig. 11, MCU 1151, load 1155, para 005, microprocessor controls the test circuit and the load circuit to determine the state of the target battery, para 11, load circuit, microcontroller, and wires for electrically connecting to the battery).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of system and method for testing the capacities of battery backups in alarm systems disclosed by Barrieau to use alarm system device having a self-testing capability includes a first independent power source connected to a detector module and a second independent power source connected to a self-test module as taught by FELTHAM to use microprocessor controls the test circuit and the load circuit to determine the state of the target battery and to execute an activation algorithm, the parameters of which are dependent upon the determined target battery state, [FELTHAM, para 05].
Regarding claim 39, Barrieau discloses the apparatus of claim 38, wherein testing the second battery comprises using the existing load to discharge the second battery at a pre-determined rate and/or for a pre-determined period of time (para 20, controller 27 monitor voltage and output current of battery backup 25 over time via test circuitry 30 to determine capacity of battery backup 25, such as in ampere-hours, para 02, alarm systems provided with a secondary power source, capable of providing power for a predetermined amount of time, para 22, data include predetermined standby period duration and predetermined alarm period duration that battery backup 25 to provide backup power).
Regarding claim 40, Barrieau discloses one or more computer-readable media comprising instructions for battery testing (para 01, method for testing battery in alarm systems, para 15, alarm system 10 for facilitating and enabling selecting routing of command/control signal), wherein the instructions, when executed by one or more processors, individually or in combination, cause the one or more processors (para 34, The microprocessor connected to a communication bus. The computer include memories. The memories include Random Access Memory (RAM), Read Only Memory (ROM), and/or flash memory) to:
a first battery configured in the system; or a device that is addressable by the control unit; and test, by the control unit (Fig. 1-2, para 18, alarm panel 14 include a primary power source 23 (i.e first battery), para 20, battery backup 25 is placed under test, test circuitry 30 that produce output signals that converted into digital input signals by controller 27. When battery backup 25 is discharged, controller 27 monitor voltage and output current of battery backup 25, para 23, battery capacity test of alarm system 10 initiated, para 19, controller 27 that facilitates control and supervision of initiating devices, controller 27 configured to dictate, via hardware and/or software switching mechanisms and in response to automatic or manual input (i.e addressable by the control unit), para 25, controllers 27 switch alarm panels 14 back to power sources 23, para 15, system 10 for facilitating and enabling selecting routing control signal (i.e addressable by the control unit)),
a second battery of the control unit by using the existing load selected by the control unit to discharge the second battery (Fig. 2, backup battery 25 (i.e secondary battery), controller 27, para 18, alarm panel 14 secondary battery backup power source 25, para 20, FIG. 2, alarm panel 14 provided with test circuitry 30 configured to monitor discharge rate of the battery backup 25, controller monitor voltage and output current of the battery backup 25 over time via the test circuitry 30 (i.e control unit to discharge)).
Barrieau specifically fails to disclose select, by a control unit of a system, an existing load configured in the system,
wherein the existing load is connected to the control unit.
In analogous art, Barson discloses select, by a control unit of a system, an existing load configured in the system (FIG. 11, circuitry 1103 , transponder 1107, e.g., a strobe or a speaker, secondary battery (target battery 1105- second battery), primary battery 1101 (i.e. first battery) , claim 12, load is selected to draw approximately 20% of a maximum current draw load for the battery, claim 18, load is selected to draw approximately 20% of a maximum current draw load for the batter),
wherein the existing load is connected to the control unit (Fig. 11, MCU 1151, load 1155, para 005, microprocessor controls the test circuit and the load circuit to determine the state of the target battery, para 11, load circuit, microcontroller, and wires for electrically connecting to the battery).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of system and method for testing the capacities of battery backups in alarm systems disclosed by Barrieau to use alarm system device having a self-testing capability includes a first independent power source connected to a detector module and a second independent power source connected to a self-test module as taught by FELTHAM to use microprocessor controls the test circuit and the load circuit to determine the state of the target battery and to execute an activation algorithm, the parameters of which are dependent upon the determined target battery state, [FELTHAM, para 05].
10. Claim 24 is rejected under 35 U.S.C. 103(a) as being unpatentable over Barrieau et al. (US 20150221211 A1) (hereinafter Barrieau) in view of FELTHAM (US 20220181707 A1) (hereinafter FELTHAM) and further in view of Barson (US 20220366778 A1) (hereinafter Barson).
Regarding claim 24, Barrieau and FELTHAM fails to discloses the method of claim 23, wherein the testing is configured to recharge the first battery.
In analogous art, Barson discloses the method of claim 23, wherein the testing is configured to recharge the first battery (para 45, system allow power source to be charger as test module uses power in the power source, para 50, system allow charger to transfer power to self-test module).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify teaching of system and method for testing the capacities of battery backups in alarm systems disclosed by Barrieau and FELTHAM to use alarm system device having testing capability includes a first independent power source connected to a detector module and second independent power source connected to a self-test module as taught by FELTHAM to use an alarm system may include a control panel (e.g., a fire alarm control panel) located throughout the facility (e.g., on different floors and/or in different rooms of the facility) that can sense a hazard event occurring in the facility and provide a notification of the hazard event to the occupants of the facility and building monitoring personnel via alarms or other mechanisms, [FELTHAM, para 02].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for Published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MIRZA F ALAM/Primary Examiner, Art Unit 2688
Prosecution Insights