www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/041,831
`
`07/22/2018
`
`Toru WANIBUCHI
`
`PANDP0305US
`
`8519
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`BUI, DUNG V
`
`2859
`
`06/29/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/041,831
`Examiner
`DUNG V BUI
`
`Applicant(s)
`WANIBUCHI, Toru
`Art Unit
`AIA (FITF) Status
`2859
`Yes
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 03/03/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) accepted or b)() objected to by the Examiner.
`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:
`c)X None ofthe:
`b)L) Some**
`a) All
`1.4] Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200525
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Claim Status
`
`Claims 1-5 (Original)
`
`Response to Arguments
`
`Applicant’s arguments, filed on 03/03/2020, have been fully considered but are
`
`not persuasive because the combination of the prior arts disclosed the claim recitation
`
`in argument as explained below.
`
`Regarding the Applicant’s argumentthat the prior art(s) does/do not teach “the
`
`controller changes a setting value of a charging electric current of the second charging
`
`circuit for the sub-battery based on an amount of charge of the main battery.”, the
`
`Examiner respectfully disagrees because
`
`In response to applicant's argumentthat there is no teaching, suggestion, or
`
`motivation to combine the references, the examiner recognizes that obviousness may
`
`be established by combining or modifying the teachings of the prior art to produce the
`
`claimed invention where there is some teaching, suggestion, or motivation to do so
`
`found either in the references themselves or in the knowledge generally available to one
`
`of ordinary skill in the art. See /n re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir.
`
`1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR
`
`International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
`
`In this case,
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 3
`
`Cummings teachesper abstract, Fig.
`
`1 and 3, an electronic device including a
`
`load circuit, comprising: a main battery that supplies electric power to the load circuit; a
`
`sub-battery that supplies electric power to the load circuit in a case where the main
`
`battery is detached from the electronic device; a first charging circuit that charges the
`
`main battery a second charging circuit that charges the sub-battery; and a controller that
`
`controls the first and second charging circuits, wherein the controller controls a setting
`
`value of a charging electric current of the second charging circuit for the sub-battery,
`
`and an amountof charge of the main battery and the sub-battery.
`
`Cummings doesnotexplicitly teach (the controller) changes a setting value of a
`
`charging electric current of the second charging circuit for the sub-battery based on an
`
`amount of charge of the main battery.
`
`However, Tatsumoto teaches in Fig. 10, charging a plurality of batteries abstract,
`
`lines 1-12; CC and CV charging mode [0008];
`
`the controller 964 changes [0085], lines 4-5 a setting value e.g.,1.0, 2.0, 3.0 A, of
`
`a charging electric current, corresponding to 97A, 97B, 97C of the second charging
`
`circuit 963 switching/selection for charging the sub-battery e.g., 97A or 97C based on
`
`an amount of charge, [0085]-[0087] of the main battery e.g., 97B.
`
`The argument presented with respect to Cummings and Tatsumoto is
`
`persuasive. Accordingly, the rejection of claims 1-4 presentedin the previous Office
`
`Action has been withdrawn. However, upon further review, the new grounds of rejection
`
`is presented below.
`
`Accordingly, THIS ACTION IS MADE NON-FINAL.
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 4
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`A patentfor a claimed invention may not be obtained, notwithstanding that the claimed
`invention is not identically disclosed as set forth in section 102 of thistitle, if the differences
`between the claimed invention andthe prior art are such that the claimed invention as a whole
`would have been obvious before the effectivefiling 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 whichthe invention was made.
`
`Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Cummings (U.S. 5818200), in view of Tatsumoto (U.S. 2015/0311731).
`
`Regarding claim 1, Cummings teachesan electronic device (20, Fig. 3) including a
`
`load circuit (10, Fig. 1; powered up via 312a or via 312b+314 of 302 or 304, Fig. 3; col.
`
`3, line 64 through col. 4, lines 2; col. 4, lines 6-11), comprising:
`
`a main battery (313 of 302, Fig. 3) that supplies electric power to the load circuit
`
`(10, Fig. 1; powered up via 312b+314 of 302, Fig. 3; col. 4, lines 6-11);
`
`a sub-battery (313 of 304, Fig. 3) that supplies electric power to the load circuit
`
`(10, Fig. 1; powered up via 312b+314 of 304, Fig. 3; col. 4, lines 6-11) in a case where
`
`the main battery (313 of 302, Fig. 3) is detached (314 of 302 is opened, Fig. 3; abstract,
`
`lines 1-12; col. 1, lines 64-67; col. 2, lines 3-7, 28-30) from the electronic device (20,
`
`Fig. 3);
`
`a first charging circuit (314 of 302, Fig. 3) that charges (col. 4, lines 2-5; col. 3,
`
`lines 50-52; col. 1, lines 55-58) the main battery (313 of 302, Fig. 3);
`
`a second charging circuit (814 of 304, Fig. 3) that charges (col. 4, lines 2-5; col.
`
`3, lines 50-52; col. 1, lines 55-58) the sub-battery (313 of 304, Fig. 3); and
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 5
`
`a cortralier (7241943164310, Fig. 3) that controls the first (914 of 302, Fig. 3}
`
`and second charging circuits (374 of 304, Fig. 3}, wherein the controller
`
`(12+19+4316+316, Fig. 3} controls a setting value of a charging eleciric current (col. 7,
`
`Hines 39-48) of the second charging circuit (214 of G04, Fig. 3) for the sub-battery (21a
`
`of 304, Fig. 3}, and an amount of charge (col. 1, lines 39-48; col. 1, ines 55-58: cal. 3,
`
`ines 50-52) of the main battery (313 of S02, Fig. 3}.
`
`Cummings doesnot explicitly teach the controller changesa setting value of a
`
`charging electric current of the second charging circuit for the sub-battery based on an
`
`amount of charge of the main battery.
`
`Tatsumoto teaches charging a plurality of batteries (abstract, lines 1-12; CC and
`
`CV charging mode [0008)]); the controller (964, Fig. 10C) changes (e.g., [0085], lines 4-
`
`5) a setting value (e.g., 2.0, Fig. 10A [0086]-[0087]) of a charging electric current
`
`(charging current target value, Fig. 10A corresponding to boundary charge amountof
`
`97A, 97B, 97C, Fig. 10C) of the second charging circuit (963 switching for charging
`
`corresponding to 97A or 97C, Fig. 10C) for the sub-battery (97A or 97C, Fig. 10C)
`
`based on an amount of charge (charge amount %at present time, Fig. 10B
`
`corresponding to 97A, 97B, 97C, Fig. 10C [0085]-[0087]) of the main battery (e.g., 97B,
`
`Fig. 10C).
`
`It would have been obviousto oneof ordinary skill in the art before the
`
`effective filing date of the claimed invention to incorporate the controller changes a
`
`setting value of a charging electric current of the second charging circuit for the sub-
`
`battery based on an amount of charge of the main battery of Tatsumoto’s into
`
`Cummings’, in order to control or adjust the charging current corresponding to the
`
`current and boundary charge amount ([0085]-[0087]; Tasumoto).
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 6
`
`Regarding claim 2, Cummings teaches the electronic device according to claim 1, in
`
`view of Tatsumoto, wherein upon detection of replacement (abstract, lines 1-6) of the
`
`main battery (313 of 302, Fig. 3),
`
`Cumming does notexplicitly teach the controller sets the setting value of the
`
`charging electric current for the sub-battery to a first setting value in a case where the
`
`amount of charge of the main battery is equal to or larger than a predetermined
`
`threshold value, and the controller sets the setting value of the charging electric current
`
`for the sub-battery to a second setting value that is larger than the first setting value in a
`
`case where the amount of charge of the main battery is smaller than the predetermined
`
`threshold value.
`
`Tatsumoto teaches the controller (964, Fig. 10C) sets the setting value of the
`
`charging electric current (1.0, 2.0, 3.0A, Fig. 10A) for the sub-battery (e.g. 97A or 97C,
`
`Fig. 10C) to a first setting value (1A, Fig. 10A) in a case where the amountof chargeof
`
`the main battery (e.g. 97B, Fig. 10C with charge amount 90%, Fig. 10A) is equal to or
`
`larger than a predetermined threshold value (90%, Fig. 10A), and
`
`the controller (964, Fig. 10C) sets the setting value of the charging electric
`
`current (1.0, 2.0, 3.0A, Fig. 10A) for the sub-battery (e.g. 97A or 97C, Fig. 10C) toa
`
`second setting value (2.0A or 3.0A, Fig. 10A) that is larger than the first setting value
`
`(1A, Fig. 10A) in a case where the amount of charge of the main battery (e.g. 97B, Fig.
`
`10C with current charge amount 80%or 70%, Fig. 10A) is smaller than the
`
`predetermined threshold value (90%, Fig. 10A).
`
`It would have been obvious to one of
`
`ordinary skill in the art before the effective filing date of the claimed invention to
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 7
`
`incorporate the controller sets the setting value of the charging electric current for the
`
`sub-battery to a first setting value in a case where the amount of charge of the main
`
`battery is equalto or larger than a predetermined threshold value, and the controller
`
`sets the setting value of the charging electric current for the sub-battery to a second
`
`setting value that is larger than the first setting value in a case where the amount of
`
`charge of the main battery is smaller than the predetermined threshold value of
`
`Tatsumoto’s into Cummings’, in order to control or adjust the charging current
`
`corresponding to the current and boundary charge amount ([0085]-[0087]; Tasumoto).
`
`Regarding claim 3, Cummings teaches the electronic device according to claim
`
`1, in view of Tatsumoto. Cummings doesnot explicitly teach wherein when the amount
`
`of charge of the main battery becomes smaller than a threshold value concerning the
`
`amount of charge of the main battery, the controller sets the setting value of the
`
`charging electric current for the sub-battery to a first setting value in a case where an
`
`amount of charge of the sub-battery is equal to or larger than a threshold value
`
`concerning the amount of charge of the sub-battery, and the controller sets the setting
`
`value of the charging electric current for the sub-battery to a second setting value thatis
`
`larger than the first setting value in a case where the amount of charge of the sub-
`
`battery is smaller than the threshold value concerning the amount of charge of the sub-
`
`battery.
`
`Tatsumoto teaches when the amount of charge (75%or 65%, Fig. 10A) of the
`
`main battery (e.g. 97A or 97C, Fig. 10C) becomes smaller than a threshold value (90%,
`
`Fig. 10A) concerning the amountof charge of the main battery (e.g. 97A or 97C, Fig.
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 8
`
`10C), the controller (964, Fig. 10C) sets the setting value of the charging electric current
`
`(1.0, 2.0, 3.0A, Fig. 10A) for the sub-battery (e.g. 97B, Fig. 10C) to a first setting value
`
`(1.0A, Fig. 10A) in a case where an amount of charge of the sub-battery (e.g. 97B, Fig.
`
`10C with charge amount 90%,Fig. 10A) is equal to or larger than a threshold value
`
`(90%, Fig. 10A) concerning the amount of charge of the sub-battery (e.g. 97B, Fig.
`
`10C), and
`
`the controller (964, Fig. 10C) sets the setting value of the charging electric
`
`current (1.0, 2.0, 3.0A, Fig. 10A) for the sub-battery (e.g. 97B, Fig. 10C) to a second
`
`setting value (2A, or 3A, Fig. 10A) that is larger than the first setting value (1.0A, Fig.
`
`10A) in a case where the amountof charge of the sub-battery (e.g. 97B, Fig. 10C with
`
`charge amount 80%or 70%, Fig. 10A) is smaller than the threshold value (90%, Fig.
`
`10A) concerning the amount of charge of the sub-battery (e.g. 97B, Fig. 10C). It would
`
`have been obvious to one of ordinary skill in the art before the effective filing date of the
`
`claimed invention to incorporate when the amount of charge of the main battery
`
`becomes smaller than a threshold value concerning the amount of charge of the main
`
`battery, the controller sets the setting value of the charging electric current for the sub-
`
`battery to a first setting value in a case where an amount of charge of the sub-battery is
`
`equal to or larger than a threshold value concerning the amount of charge of the sub-
`
`battery, and the controller sets the setting value of the charging electric current for the
`
`sub-battery to a second setting value that is larger than the first setting value in a case
`
`where the amount of charge of the sub-battery is smaller than the threshold value
`
`concerning the amount of charge of the sub-battery of Tatsumoto’s into Cummings’, in
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 9
`
`order to control or adjust the charging current corresponding to the current and
`
`boundary charge amount ([0085]-[0087]; Tasumoto).
`
`Regarding claim 4, Cummings teaches the electronic device according to claim 1,
`
`in
`
`view of Tatsumoto, wherein electric power is supplied from the sub-battery (313 of 304,
`
`Fig. 3) to the load circuit (10, Fig. 1; powered up via 3126+314 of 304, Fig. 3; col. 4, lines
`
`6-11) in a case where the main battery (313 of 302, Fig. 3) is detached (abstract, lines 1-
`
`12; col. 1, lines 64-67; col. 2, lines 3-7, 28-30) from the electronic device (20, Fig. 3) while
`
`power of the electronic device (20, Fig. 3) is on.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cummings
`
`(U.S. 5818200), in view of Tatsumoto (U.S. 2015/0311731), as applied above in claim 1,
`
`and further in view of Kano (U.S. 2011/0260689)
`
`Regarding claim 5, Cummings teaches the electronic device according to claim 1,
`
`in
`
`view of Tatsumoto. The combination does not explicitly teach wherein the sub-battery has
`
`a smaller capacity than the main battery and is fixed in the electronic device.
`
`Kano teachesthe sub-battery (18, Fig. 1, or battery #2, Fig. 2; low capacity battery,
`
`fast charge with large current, longer life [0028] [0047]) has a smaller capacity ([0028],
`
`lines 13-14) than the main battery (17, Fig. 1, or battery #1, Fig. 2; lithium ion battery, high
`
`capacity, shorter life, charging current tend to being down to small value) and is fixed in
`
`the electronic device (10, Fig. 1).
`
`It would have been obvious to one of ordinary skill in
`
`the art before the effective filing date of the claimed invention to incorporate the sub-
`
`battery has a smaller capacity than the main battery and is fixed in the electronic device
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 10
`
`of Kano’s into Cummings’,
`
`in view of Tatsumoto’s,
`
`in order to provide a longer
`
`charge/discharge cycle life of the lower capacity battery comparedto the higher capacity
`
`battery ([0028], last 4 lines; Kano).
`
`Conclusion
`
`The prior arts, made of record and notrelied upon, are considered pertinent to
`
`applicant's disclosure: U.S. 2004/0263123, U.S. 2015/0180257, U.S. 2014/0375125,
`
`U.S. 2012/0038320 and U.S. 8907631
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DUNG V BUI whose telephone numberis (571)270-
`
`0265. The examiner can normally be reached on Monday- Friday 7:30a - 4:00p.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Richard Isla can be reached on (571) 272-5056. 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 accessto the Private PAIR system, contact the
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 11
`
`Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative or accessto the
`
`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-
`
`1000.
`
`/DUNG V BUI/
`Examiner, Art Unit 2859
`
`/RICHARD ISLA/
`Supervisory Patent Examiner, Art Unit 2859
`June 22, 2020
`
`