DETAILED ACTION
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 19/059,217 have been fully considered but they are not persuasive.
Applicant argues that Nagafuchi and Matsuhisa do not explicitly disclose the battery mounting mechanism and parallel connection of the battery, as now required by independent claim 1 (and similarly recited in independent claims 14 and 17). First, as shown below, Matsuhisa explicitly teaches a mounting mechanism for the lithium-ion battery. Second, Fig. 5 explicitly shows a parallel connection of battery 5 with generator 3 and load 16. However, based on Applicant’s arguments, it appears a structural parallel electrical connection is not what is meant to be claimed. In an effort to speed up prosecution, an additional rejection of Nagafuchi, in view of Matsuhisa and Byaliy is also shown below showing a different interpretation of the “parallel” connection.
Lastly, Applicant argues that the generator of Nagafuchi is fundamentally different than that of the instant invention. However, given the breadth of the claims and the open “comprising” transitional language, all of the components are taught by Nagafuchi and are equally applicable in the smaller-scale instant invention. That, combined with the explicitly teaching in Matsuhisa of a portable generator renders the below rejections maintained.
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 1-3, 5-15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Nagafuchi et al. (“Nagafuchi”; US 2019/0280583), in view of Matsuhisa et al. (“Matsuhisa”; US 2018/0287460).
Regarding claim 1: Nagafuchi discloses a hybrid generator (Fig. 1) for supplying AC power (DP) to an AC output (1), the hybrid generator comprising:
an engine-driven generator (21) configured for providing electrical power, the engine-driven generator having a first output capacity (GP); and
a battery system (23, 25) that is electrically and mechanically coupled to the engine-driven generator, the lithium battery system being configured for providing electrical power and having a second output capacity (BP),
wherein the engine-driven generator and the lithium battery system are configured to operate in parallel to supply power to the AC output of the hybrid generator at an output capacity that is greater than the first or second output capacity (paragraph 0097: GP+MP+BP).
Nagafuchi does not explicitly disclose a portable generator and a lithium battery system, the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism, and wherein an AC output of the lithium battery system is electrically connected to the engine-driven generator via plugs to provide a parallel electrical connection between the lithium battery system and the engine-driven generator.
However, Matsuhisa discloses a portable generator (Fig. 1),
a lithium battery system (50, paragraph 0020),
the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism (6 and 52, Fig. 3; paragraphs 0022-0024, shown in Fig. 4A and 4B too), and
wherein an AC output of the lithium battery system (5 at 11, Fig. 5) is electrically connected to the engine-driven generator via plugs (7, 53) to provide a parallel electrical connection between the lithium battery system and the engine-driven generator (3).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the generator of Nagafuchi to be portable, as disclosed by Matsuhisa in order to allow for additional uses, to modify the battery of Nagafuchi to be a lithium battery, as disclosed by Matsuhisa, in order to provide an efficient rechargeable battery, and to connect it in parallel to the generator in order to make use of the stored energy.
Regarding claim 2: Nagafuchi discloses the first output capacity of the engine-driven generator is insufficient to start a predetermined inductive load (paragraph 0097),
the second output capacity of the lithium battery system is insufficient to start the predetermined inductive load (paragraph 0097), and
the engine-driven generator and the lithium battery system are configured to operate in parallel to supply sufficient power to the AC output of the hybrid generator to start the predetermined inductive load (as paragraph 0097 teaches that both battery power, BP, and generator power, GP, is required to provide the total load, DP, akin to the “inductive load”, note, “to start a predetermined inductive load” is interpreted as merely and intended use, as the generator of Nagafuchi provides AC power capable of starting an inductive load, this is taught).
Regarding claim 3: Nagafuchi disclose the engine-driven generator, but does not explicitly disclose the engine-driven generator is an inverter-type portable unit.
However, Matsuhisa discloses the engine-driven generator is an inverter-type portable unit (Fig. 3).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the generator of Nagafuchi to be the portable unit of Matsuhisa in order to allow for easy carrying (paragraph 0016).
Regarding claim 5: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Matsuhisa further discloses the lithium battery system includes at least one lithium battery pack (50).
Regarding claim 6: Nagafuchi modified by Matsuhisa discloses a lithium battery system, but do not explicitly disclose lithium battery system includes a plurality of separate lithium battery packs that are mechanically coupled and electrically connected in parallel.
However, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the battery system to include separate battery packs in order to increase the capacity and to connect them in parallel with a reasonable expectation of success as there is only two options – parallel and series.
Regarding claim 7: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Matsuhisa further discloses the lithium battery system is removably attached to the engine-driven generator (as shown in Fig. 3).
Regarding claim 8: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Matsuhisa further discloses the lithium battery system is configured such that, when removed from the engine-driven generator, the lithium battery system can be used to provide electrical power independent of the generator (as this is standard for a battery pack, note the wording “can be used”, this battery pack can be used to power other devices).
Regarding claim 9: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Nagafuchi further discloses the battery system includes at least one battery pack that comprises:
a control module (25, 53) that includes a controller that monitors and controls operation of the lithium battery pack (paragraph 0070).
Nagafuchi does not explicitly disclose a plurality of lithium battery modules that are electrically connected in parallel for providing electrical power.
However, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the battery system to include separate battery packs in order to increase the capacity and to connect them in parallel with a reasonable expectation of success as there is only two options – parallel and series.
Regarding claim 10: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Nagafuchi further discloses the control module of the battery pack comprises:
an inverter (25) that receives DC power from the battery modules and outputs AC power; and
an AC-DC converter (within 24) that receives AC power from the engine-driven generator and outputs DC power that is supplied to the lithium battery modules.
Regarding claim 11: Nagafuchi modified by Matsuhisa discloses a lithium battery system, but do not explicitly disclsoe the lithium battery system is configured such that an additional lithium battery module can be added to the lithium battery pack to increase the second output capacity of the lithium battery system without changing the nominal output voltage of the lithium battery system.
However, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the battery system to include separate battery packs in order to increase the capacity and to not change the nominal output voltage, which means connecting them in parallel with a reasonable expectation of success as there is only two options – parallel and series.
Regarding claim 12: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Nagafuchi further discloses the engine-driven generator and the lithium battery system are configured to operate in parallel to supply power to the AC output of the hybrid generator at an output capacity that is substantially equal to the first output capacity plus the second output capacity (as shown in Fig. 1, and paragraph 0097, GP+BP).
Regarding claim 13: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Nagafuchi further discloses an AC output of the lithium battery system (37) is electrically connected to the engine-driven generator so as to allow the engine-driven generator and the lithium battery system to operate in parallel (as shown in Fig. 1).
Regarding claim 14: Nagafuchi discloses a hybrid generator for supplying AC power to an AC output (1), the hybrid generator comprising:
an engine-driven generator (21) configured for providing electrical power, the engine-driven generator having a first output capacity (GP); and
a battery system (23, 25) that is electrically and mechanically coupled to the engine-driven generator, the lithium battery system being configured for providing electrical power and having a second output capacity (BP),
wherein, in a first mode, the engine-driven generator and the lithium battery system are configured to operate separately so as to supply continuous uninterrupted power to the AC output of the hybrid generator when one of the engine-driven generator and the lithium battery system shuts off or otherwise becomes incapacitated (as when 39 is open and the battery in incapacitated, the generator can still provide power).
Nagafuchi does not explicitly disclose a portable generator, a lithium battery system, the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism.
However, Matsuhisa discloses a portable generator (Fig. 1),
a lithium battery system (50, paragraph 0020),
the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism (6 and 52, Fig. 3; paragraphs 0022-0024, shown in Fig. 4A and 4B too), and
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the generator of Nagafuchi to be portable, as disclosed by Matsuhisa in order to allow for additional uses, to modify the battery of Nagafuchi to be a lithium battery, as disclosed by Matsuhisa, in order to provide an efficient rechargeable battery.
Regarding claim 15: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Nagafuchi further discloses in a second mode, the engine-driven generator and the lithium battery system are configured to also be able to operate in parallel to supply power to the AC output of the hybrid generator at an output capacity that is greater than the first or second output capacity (when 39 is closed, and outlined in paragraph 0097: GP+BP is provided to the load).
Regarding claim 17: Nagafuchi discloses a method for operating a hybrid generator that supplies AC power to an AC output (1), the method comprising:
providing an engine-driven generator (21) configured for providing electrical power and having a first output capacity (GP);
providing a battery system (23, 25) configured for providing electrical power and having a second output capacity (BP); and
in a first operating mode, connecting the engine-driven generator and the lithium battery system in parallel so as to supply power to the AC output of the hybrid generator at an output capacity that is greater than the first or second output capacity (as outlined in paragraph 0097, GP+BP).
Nagafuchi does not explicitly disclose a portable generator, a lithium battery system, the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism.
However, Matsuhisa discloses a portable generator (Fig. 1),
a lithium battery system (50, paragraph 0020),
the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism (6 and 52, Fig. 3; paragraphs 0022-0024, shown in Fig. 4A and 4B too), and
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the generator of Nagafuchi to be portable, as disclosed by Matsuhisa in order to allow for additional uses, to modify the battery of Nagafuchi to be a lithium battery, as disclosed by Matsuhisa, in order to provide an efficient rechargeable battery.
Regarding claim 18: Nagafuchi modified by Matsuhisa discloses a lithium battery system, Nagafuchi further discloses:
in a second operating mode, operating the engine-driven generator and the lithium battery system separately so as to supply continuous uninterrupted power to the AC output of the hybrid generator when one of the engine-driven generator and the lithium battery system shuts off or otherwise becomes incapacitated (when switch 39 is opened and switch 33 is closed).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Nagafuchi and Matsuhisa as applied to claim 1 above, and further in view of Murakami et al. (“Murakami”; US 2016/0039443).
Regarding claim 4: Nagafuchi discloses the engine-drive generator, but does not explicitly disclose the engine-driven generator is a handcart-mounted portable unit.
However, Murakami discloses the engine-driven generator (9) is a handcart-mounted portable unit (1, Fig. 1).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the engine-generator of Nagafuchi to be hand-cart mounted, as disclosed by Murakami, in order to increase the applications.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Nagafuchi and Matsuhisa as applied to claim 14 above, and further in view of Byaliy et al. (“Byaliy”; US 2022/0239193).
Regarding claim 16: Nagafuchi discloses a switch (39) for switching between operating in the first mode and operating in the second mode, but does not explicitly disclose a switch for manually switching.
However, Byaliy discloses a switch for manually switching (2402, paragraph 0079).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the switch of Nagafuchi to be the manual switch of Byaliy in order to allow for greater control.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Nagafuchi, Matsuhisa, and Byaliy.
Regarding claim 1: Nagafuchi discloses a hybrid generator (Fig. 1) for supplying AC power (DP) to an AC output (1), the hybrid generator comprising:
an engine-driven generator (21) configured for providing electrical power, the engine-driven generator having a first output capacity (GP); and
a battery system (23, 25) that is electrically and mechanically coupled to the engine-driven generator, the lithium battery system being configured for providing electrical power and having a second output capacity (BP),
wherein the engine-driven generator and the lithium battery system are configured to operate in parallel to supply power to the AC output of the hybrid generator at an output capacity that is greater than the first or second output capacity (paragraph 0097: GP+MP+BP).
Nagafuchi does not explicitly disclose a lithium battery system, the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism, and wherein an AC output of the lithium battery system is electrically connected to the engine-driven generator via plugs to provide a parallel electrical connection between the lithium battery system and the engine-driven generator.
However, Matsuhisa discloses a lithium battery system (50, paragraph 0020),
the lithium battery system being mechanically coupled to the engine-driven generator via a mounting mechanism (6 and 52, Fig. 3; paragraphs 0022-0024, shown in Fig. 4A and 4B too), and
And, Byaliy discloses wherein an AC output of the lithium battery system (169) is electrically connected to the engine-driven generator via plugs (inherent, shown by lines between 169 and 26 in Fig. 10) to provide a parallel electrical connection between the lithium battery system and the engine-driven generator (paragraph 0050: the battery can provide booster power in addition to the generator).
Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the invention to modify the battery of Nagafuchi to be a lithium battery, as disclosed by Matsuhisa, in order to provide an efficient rechargeable battery, and to have the parallel batter connection of Byaliy in order to allow for additional power when needed (paragraph 0050).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN GUGGER whose telephone number is (571)272-5343. The examiner can normally be reached M-Th 9:00am - 5:00pm EST.
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/SEAN GUGGER/Primary Examiner, Art Unit 2834
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