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 .
Information Disclosure Statement
The two (2) IDSes filed 11/20/25 have both been considered and placed of record. The initialed copies are attached herewith.
Priority
The disclosure and claim of limitations of the charger configured to provides a first and a second non-flashing visual output of the first and the second brightness respectively are FIRST disclosed in application 19/189,734 (para 12-14) with a filing date of 4/25/25. The reference below to Wallace et al. (US2021/0210982) has pub date of 7/8/21.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-13 and 15-20 of U.S. Patent No. 12,479,445. Although the claims at issue are not identical, they are not patentably distinct from each other because:
19/322,497 (instant claims)
1. A charging system, comprising: a housing, comprising: a controller; and a power source configured to power the controller; and a wireless charger configured to transfer energy to the power source, wherein the wireless charger provides:
a first non-flashing visual output at a first brightness; and
a second non-flashing visual output at a second brightness.
2. The charging system of claim 1, wherein the wireless charger comprises:
a first indicator configured to provide:
the first non-flashing visual output at the first brightness; and
the second non-flashing visual output at the second brightness.
3. The charging system of claim 1, wherein: one or more of the first non-flashing visual output or the second non-flashing visual output are configured to indicate a charging rate of the power source. (“or” denotes only one condition needs to be met).
4. The charging system of claim 1, wherein: one or more of the first non-flashing visual output or the second non-flashing visual output comprises a light emitting diode (LED).
5. The charging system of claim 1, further comprising: a first visual output comprising one or more of a first flashing rate or a first flashing pattern.
6. The charging system of claim 1, wherein: the wireless charger is integrated into an object in an environment of a user of the housing.
7. The charging system of claim 1, wherein the wireless charger further provides: one or more of an audio output or a haptic output indicative of a first charging status of the power source or a second charging status of the power source.
8. The charging system of claim 1, wherein: the wireless charger uses inductive coupling to transfer energy from the wireless charger to the power source.
9. The charging system of claim 1, wherein: the controller is configured to detect that a charging rate at which the power source is receiving energy from the wireless charger is above a threshold.
10. A method for charging a housing, comprising: providing the housing, comprising: providing a controller; and providing a power source configured to power the controller; and providing a wireless charger configured to transfer energy to the power source, wherein the wireless charger
provides: a first non-flashing visual output at a first brightness; and
a second non-flashing visual output at a second brightness.
11. The method of claim 10, wherein providing the wireless charger further comprises:
providing a first indicator configured to provide: the first non-flashing visual output at the first brightness; and
the second non-flashing visual output at the second brightness.
12. The method of claim 10, wherein: one or more of the first non-flashing visual output or the second non-flashing visual output are configured to indicate a charging rate of the power source. (“or” denotes only one condition needs to be met).
13. The method of claim 10, wherein: one or more of the first non-flashing visual output or the second non-flashing visual output comprises a light emitting diode (LED).
14. The method of claim 10, further comprising: providing a first visual output comprising one or more of a first flashing rate or a first flashing pattern.
15. The method of claim 10, wherein: the wireless charger is integrated into an object in an environment of a user of the housing.
16. The method of claim 10, wherein the wireless charger further provides: one or more of audio output or haptic output indicative of a first charging status of the power source or a second charging status of the power source.
17. The method of claim 10, further comprising: transferring energy from the wireless charger to the power source using inductive coupling.
18. The method of claim 10, further comprising: detecting, by the controller, that a charging rate at which the power source is receiving energy from the wireless charger is above a threshold.
19. A charging system, comprising: a housing, comprising: a controller and at least one sensor; and a power source configured to power the controller; and a wireless charger configured to transfer energy to the power source, wherein the wireless charger provides:
a first non-flashing visual output at a first brightness; and
a second non-flashing visual output at a second brightness.
20. The charging system of claim 19, wherein the wireless charger comprises:
a first indicator configured to provide: the first non-flashing visual output at the first brightness; and
the second non-flashing visual output at the second brightness.
12,479,445
1. A charging system, comprising: a housing, comprising: a controller; and a power source configured to power the controller; and a wireless charger configured to transfer energy to the power source, comprising:
a first indicator configured to provide:
a first non-flashing visual output at a first brightness level and indicative of a first charging status of the power source; and
a second non-flashing visual output at a second brightness level indicative of a second charging status of the power source.
1. A charging system…
a first indicator configured to provide:
a first non-flashing visual output at a first brightness level and indicative of a first charging status of the power source; and
a second non-flashing visual output at a second brightness level indicative of a second charging status of the power source.
2. The charging system of claim 1, wherein: the first indicator is configured to indicate a charging rate of the power source.
3. The charging system of claim 1, wherein: the first indicator comprises a light emitting diode (LED).
5. The charging system of claim 1, wherein: the wireless charger is integrated into an object in an environment of a user of the housing.
7. The charging system of claim 1, further comprising: one or more of audio output or haptic output indicative of the first charging status of the power source or the second charging status of the power source.
8. The charging system of claim 1, wherein: the wireless charger uses inductive coupling to transfer energy from the wireless charger to the power source.
9. The charging system of claim 1, wherein: the controller is configured to detect that a charging rate at which the power source is receiving energy from the wireless charger is above a threshold.
11. A method for charging a housing, comprising: providing the housing, comprising: providing a controller; and providing a power source configured to power the controller; and providing a wireless charger configured to transfer energy to the power source, comprising:
providing a first indicator configured to provide: a first non-flashing visual output at a first brightness level and indicative of a first charging status of the power source; and
a second non-flashing visual output at a second brightness level indicative of a second charging status of the power source.
11. A method… providing a wireless charger
providing a first indicator configured to provide: a first non-flashing visual output at a first brightness level and indicative of a first charging status of the power source; and
a second non-flashing visual output at a second brightness level indicative of a second charging status of the power source.
12. The method of claim 11, wherein: the first indicator is configured to indicate a charging rate of the power source.
13. The method of claim 11, wherein: the first indicator comprises a light emitting diode (LED).
15. The method of claim 11, wherein at least one of: the wireless charger is integrated into an object in an environment of a user of the housing; or the object in the environment of the user is one or more of: a vehicle interface, a recreational accessory, or a wearable device.
16. The method of claim 11, further comprising: one or more of audio output or haptic output indicative of the first charging status of the power source or the second charging status of the power source.
17. The method of claim 11, further comprising: transferring energy from the wireless charger to the power source using inductive coupling.
18. The method of claim 11, further comprising: detecting, by the controller, that a charging rate at which the power source is receiving energy from the wireless charger is above a threshold.
20. A charging system, comprising: a housing, comprising: a controller and at least one sensor; and a power source configured to power the controller; and a wireless charger configured to transfer energy to the power source, comprising:
a first indicator configured to provide: a first non-flashing visual output at a first brightness level and indicative of a first charging status of the power source; and
a second non-flashing visual output at a second brightness level indicative of a second charging status of the power source.
20. A charging system, comprising…
a first indicator configured to provide: a first non-flashing visual output at a first brightness level and indicative of a first charging status of the power source; and
a second non-flashing visual output at a second brightness level indicative of a second charging status of the power source.
Re claims 1-4, 6-13 and 15-20, the claims are broader than patent claims outlined above and would have encompassed the claimed subject matter of patent claims outlined above.
Re claims 5 and 14, patent claims do not claim a first visual output having one or more of a first flashing rate or a first flashing pattern. Official notice is taken of the fact that having a visual indicator with a flashing rate or a flashing pattern would immediately alert a user to the level of urgency with respect to the charging status of a device. Therefore, it would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to have included a visual output of a flashing rate or a flashing pattern so the user may attend to the charging ASAP.
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.
Claims 1-6, 8, 10-15, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wallace et al. (US 2021/0210982).
Note: method steps in method claims performed by respective apparatus claims and are being grouped (in parentheses) with apparatus claims in the rejections followed.
Re claims 1 (and 10), the reference discloses a charging system 500 having, inter alia, a housing 550, comprising: a controller 556; and a power source 552 configured to power the controller 556 (para 54); and a wireless charger 520 configured to transfer energy to the power source 552, wherein the wireless charger 520/250 provides: a first non-flashing visual output at a first brightness; and a second non-flashing visual output at a second brightness (para 35). See figures 2-3.
Re claims 2 (and 11), the reference further discloses the wireless charger 520 having a first indicator 250 configured to provide: the first non-flashing visual output at the first brightness; and the second non-flashing visual output at the second brightness (para 35).
Re claims 3 (and 12), the reference further discloses one or more of the first non-flashing visual output or the second non-flashing visual output are configured to indicate a charging rate of the power source (para 35: the charger panel 250 can be selectably illuminated. For example, consider a soft glow of a rising intensity that tapers off to a lesser intensity such as to not distract a user that may be viewing information rendered to the display surface 144, etc. In such an example, the duration of the illumination (e.g., or illumination effect as a visual cue) may optionally be tailored such that it is sufficient to provide a visual cue).
Re claims 4 (and 13), the reference further discloses the visual output is an LED (para 35).
Re claims 5 (and 14), the reference further discloses a first visual output comprising one or more of a first flashing rate or a first flashing pattern (para 35: a soft glow of a rising intensity that tapers off to a lesser intensity… the duration of the illumination (e.g., or illumination effect as a visual cue) may optionally be tailored).
Re claims 6 (and 15), the reference further discloses the wireless charger 520 is integrated into an object 140 in an environment of a user of the housing 550. See figures 1-2.
Re claims 8 (and 17), the reference further discloses the wireless charger uses inductive coupling (para 50: Qi standard).
Re claim 19, the reference discloses the reference discloses a charging system 500 having, inter alia, a housing 550, comprising: a controller 556 and at least one sensor (end of para 136); and a power source 552 configured to power the controller 556 (para 54); and a wireless charger 520 configured to transfer energy to the power source 552, wherein the wireless charger 520/250 provides: a first non-flashing visual output at a first brightness; and a second non-flashing visual output at a second brightness (para 35). See figures 2-3.
Re claim 20, the reference further discloses the wireless charger 520 having a first indicator 250 configured to provide: the first non-flashing visual output at the first brightness; and the second non-flashing visual output at the second brightness (para 35).
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.
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.
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 7, 9, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wallace et al. (US 2021/0210982).
Note: method steps in method claims performed by respective apparatus claims and are being grouped (in parentheses) with apparatus claims in the rejections followed.
Re claims 7 (and 16), the reference does not disclose the wireless charger provides one or more of an audio output or a haptic output indicative of a first charging status of the power source or a second charging status of the power source. Official notice is taken of the fact that having the charger alerts the user via an audio/haptic output would provide the status of the charging process without the user having to look at the charger. Therefore, it would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to have provided the charger with an additional alert including an audio or a haptic process so the user can be apprised of charging status without having to constantly observe the visual LED indicator.
Re claims 9 (and 18), the reference does not explicitly disclose the controller is configured to detect that a charging rate at which the power source is receiving energy from the wireless charger is above a threshold. However, the reference does disclose, para 54, “the communications and control unit 556 can regulate transferred power to a level that is appropriate for the device 550, for example, as illustrated by the load 552, which may be circuitry associated with one or more batteries (see, e.g., the batteries 121, 151, etc.) electrically connected to the output of the power receiver 551.” It would have been well within the skill of one versed in the art, before the effective filing date of the claimed invention, to have selected a level above a selected threshold since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Art listed in the Examiner’s PTO-892 exemplified wireless chargers having status alert for mobile devices.
Any inquiry concerning this communication should be directed to the Examiner at the below-listed number. The Examiner can normally be reached on Mon-Thu from 7:00am-5:00pm.
The Examiner’s SPE is Taelor Kim and he can be reached at 571.270.7166. The fax number for the organization where this application is assigned is 571.273.8300.
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/EDWARD TSO/Primary Examiner, Art Unit 2859 571.272.2087