UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/707,506
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`09/18/2017
`
`DAICHI HASHIMOTO
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`731156.648C1
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`1068
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`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
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`60130” OLATUNH A
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`ART UNIT
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`1722
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/21/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`US PTOeACtion @ SeedIP .Com
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`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/707,506
`Examiner
`OLATUNJI GODO
`
`Applicant(s)
`HASHIMOTO et al.
`Art Unit
`AIA (FITF) Status
`1722
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
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`Status
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`1). Responsive to communication(s) filed on 10/17/17.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 9/18/17 is/are: a). accepted or b)[:j objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date m.
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190317
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`

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`Application/Control Number: 15/707,506
`Art Unit: 1722
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`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`under the first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 112
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`The following is aquotation of 35 U.S.C. 112(b):
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`(B) CONCLUSION—The specification shall conclude with one or more claims
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`particularly pointing out and distinctly claiming the subject matter which the inventor or a
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`joint inventor regards as the invention.
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`The following is aquotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
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`The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
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`1.
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`Claims 1-8 are rejected under 35 U.S.C. 112, second paragraph, as being
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`indefinite for failing to particularly point out and distinctly claim the subject
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`matter which applicant regards as the invention.
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`2.
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`It is unclear in claim 1 what the Applicant means by a second switch (singular)
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`since claim 1 also recites four switches (plural).
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`3.
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`It is unclear in claim 1
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`if “a second switch” (narrow limitation) is a requirement
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`of claim 1 since claim 1 also includes “four first switches” (broad limitation). The use
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`of a narrow numerical range that falls within a broader range in the same claim may
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`render the claim indefinite when the boundaries of the claim are not discernible (MPEP
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`2173.05(c)).
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`

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`Application/Control Number: 15/707,506
`Art Unit: 1722
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`Page 3
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`A broad range or limitation together with a narrow range or limitation that falls
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`within the broad range or limitation (in the same claim) is considered indefinite, since
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`the resulting claim does not clearly set forth the metes and bounds of the patent
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`protection desired. See MPEP § 2173.05(c). Note the explanation given by the Board
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`of Patent Appeals and lnterferences in EX parte Wu, 10 USPQ2d 2031, 2033 (Bd. Pat.
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`App. & lnter. 1989), as to where broad language is followed by "such as" and then
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`narrow language. The Board stated that this can render a claim indefinite by raising a
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`question or doubt as to whether the feature introduced by such language is (a) merely
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`exemplary of the remainder of the claim, and therefore not required, or (b) a required
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`feature of the claims. Note also, for example, the decisions of EX parte Steigewald, 131
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`USPQ 74 (Bd. App. 1961); EX parte Hall, 83 USPQ 38 (Bd. App. 1948); and EX parte
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`Hasche, 86 USPQ 481 (Bd. App. 1949).
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that
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`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 awhole would have been
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`obvious before the effective filing date of the claimed invention to a person
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`having ordinary skill in the art to which the claimed invention pertains.
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`Patentability shall not be negated by the manner in which the invention
`was made.
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`4.
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`Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Kawai (U 8200901 28158).
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`

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`Application/Control Number: 15/707,506
`Art Unit: 1722
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`Page 4
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`5.
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`Regarding claims 1-8, Kawai teaches afailure detection apparatus (see Fig.
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`below) for detecting whether or not any of at least four first switches has a failure, the at
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`least four switches being electrically coupled to respective ends of at least two battery
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`groups, each of the at least two battery groups including single cells
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`connected electrically coupled in series, the at least two battery groups being electrically
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`coupled in series, each of the at least four first switches having a first end and a second
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`end, the first end of each of the at least four first switches being electrically coupled to a
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`terminal of a single cell that is located at an end of the at least two battery groups, the
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`failure detection apparatus comprising:
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`a battery voltage measuring unit configured to measure a voltage value of each of the
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`single cells in the at least two battery groups,
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`a capacitor electrically coupled to the second end of each of the at least four first
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`switches, the capacitor configured to retain a total voltage of the single cells in each of
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`the at least two battery groups,
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`a voltage detector configured to detect a voltage retained by the capacitor; a second
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`switch 104a —104 e electrically coupled between terminals of the capacitor and the
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`voltage detector; and a failure determiner configured to determine whether or not any of
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`the at least four first switches has a failure based on a predetermined threshold and the
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`total voltage of the single cells in each of the at least two battery groups, the total
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`voltage being retained in the capacitor and detected by the voltage detector by
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`combinations of on-or-off states of the at least four first switches and the second switch
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`(see Fig. below).
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`

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`Application/Control Number: 15/707,506
`Art Unit: 1722
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`Page 5
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`Switches are coupled to
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`ass {as failure determmer; controls the
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`5mm”? 3*
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`‘“
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`" "
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`I
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`"
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`‘
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`'
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`'
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`Series connected
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`
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`
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`capacitor
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`F! Q . 2
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`‘-‘
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`terminal of batteries {0038}
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`Battery group 2
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`1011,1012,101p
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`Switches
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`102-31. 102g
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`Voltage
`detector
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`
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`X
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`Ba any voltage
`measuring unit [0031]
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`6.
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`Although Kawai is silent about wherein the predetermined threshold includes a
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`first threshold determined based on a totalized voltage of the single cells in each of the
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`at least two battery groups and a voltage value detected by the voltage detector when
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`any of the at least four first switches has a failure, and the totalized voltage is calculated
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`by adding a voltage value of each of the single cells measured by the battery voltage
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`measuring unit.
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`7.
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`Although Kawai also does not mention the specific operations of the device in
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`claims 2-8.
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`8.
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`Kawai teaches 109 (as failure determiner) which controls the above switches,
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`and monitors the voltage across each battery block of the battery pack 1 during a
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`

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`Application/Control Number: 15/707,506
`Art Unit: 1722
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`Page 6
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`certain period and corrects the detection errors of the voltage detector 106 during other
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`penods[0046l
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`9.
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`It would have been obvious to a person having ordinary skill in the art before the
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`effective filing date of the claimed invention to have used Kawai’s 109 (as failure
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`determiner) for the benefit of monitoring the voltage across each battery block of the
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`battery pack 1 during a certain period and corrects the detection errors of the voltage
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`detector 106 during other periods. Furthermore, it is obvious and reasonable to expect
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`that the device of Kawai is capable of performing the operations recited in instant claims
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`1-8 of Applicant.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to OLATUNJI GODO whose telephone number is
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`(571)272-3104. The examiner can normally be reached on 8:00 am - 5:30 pm.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Cynthia Kelly can be reached on 571-272—1526. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`