throbber
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
`
`08/16/2021
`
`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 07/15/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 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\0) 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*
`1-6 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-6 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) 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)(J 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.{¥] 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 receivedin 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 20210721
`
`

`

`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.
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
`
`07/15/2021 has been entered.
`
`Claim Status
`
`Claim 1 (Currently Amended)
`
`Claims 2-5 (Original)
`
`Claim 6 (Previously Presented)
`
`Responseto Arguments
`
`Applicant's amendments and arguments, filed on 07/15/2021, have been fully
`
`considered but are moot because the amended claim 1 has necessitated the new
`
`ground(s) of rejection presentedin this office action.
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 3
`
`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 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 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 which the invention was made.
`
`Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Cummings (U.S. 5818200), in view of Kabasawa (U.S. 2012/0038320).
`
`Regarding claim 1, Cummings teachesan electronic device (20, Fig. 3) including a
`
`load circuit (10, Fig. 1; powered up via 312a or via 3126+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 (314 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 4
`
`a controller (12+19+316+310, Fig. 3) that controls the first (314 of 302, Fig. 3)
`
`and second charging circuits (314 of 304, Fig. 3), the controller being configured to
`
`manage an amount of charge (col. 1, lines 39-48; col. 1, lines 55-58; col. 3, lines 7-10,
`
`50-52; monitor battery performance and charging implies managing an amount of
`
`charge) of the main battery (313 of 302, Fig. 3) and an amount of charge (col. 1, lines
`
`39-48; col. 1, lines 55-58; col. 3, lines 7-10, 50-52) of the sub-battery (313 of 304, Fig.
`
`3)
`
`wherein the controller (12+19+316+310, Fig. 3) controls a setting value of a
`
`charging electric current (col. 1, lines 39-48) of the second charging circuit (814 of 304,
`
`Fig. 3) for the sub-battery (313 of 304, Fig. 3), and the amount of charge (col. 1, lines
`
`39-48; col. 1, lines 55-58; col. 3, lines 7-10, 50-52) of the main battery (313 of 302, Fig.
`
`3).
`
`Cummings doesnotexplicitly teach while the second charging circuit charges the
`
`sub-battery, the controller changes a setting value of a charging electric current of the
`
`second charging circuit for the sub-battery based on the amount of charge of the
`
`main battery.
`
`Kabasawateachesin Fig. 1, while the second charging circuit
`
`(23b+24b+14b+12) charges the sub-battery (10b; [0062], lines 3-13), the controller
`
`([0010], lines 4-5) changes a setting value ([0062], line 13) of a charging electric current
`
`([O062], lines 3-8 and 13) of the second charging circuit for the sub-battery based on the
`
`amount of charge of the main battery (10a; [0062], lines 8-12). It would have been
`
`obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`invention to incorporate while the second charging circuit charges the sub-battery, the
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 5
`
`controller changesa setting value of a charging electric current of the second charging
`
`circuit for the sub-battery based on the amountof charge of the main battery of the
`
`batteries of Kabasawa’s into Cummings’,
`
`in order to enable the batteries to reachfull
`
`charge simultaneously and/or to prevent unbalanced SOCs([0064]; [0064]; Kabasawa)
`
`Regarding claim 4, Cummings teaches the electronic device according to claim 1,
`
`in
`
`view of Kabasawa, 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.
`
`Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Cummings (U.S. 5818200) and Kabasawa (U.S. 2012/0038320), as applied abovein
`
`claim 1, in view of Tatsumoto (U.S. 2015/0311731).
`
`Regarding claim 2, Cummings teachesthe electronic device according to claim 1, in
`
`view of Kabasawa, wherein upon detection of replacement (abstract, lines 1-6) of the
`
`main battery (313 of 302, Fig. 3),
`
`Cumming doesnotexplicitly 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
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 6
`
`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 amount of charge of
`
`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
`
`ordinaryskill in the art before the effective filing date of the claimed invention to
`
`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 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 of
`
`Tatsumoto’s into Cummings’, in view of Kabasawa’s, in order to control or adjust the
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 7
`
`charging current corresponding to the current and boundary charge amount ([0085]-
`
`[0087]; Tatsumoto).
`
`Regarding claim 3, Cummings teachesthe electronic device according to claim 1, in
`
`view of Kabasawa. Cummings does not explicitly teach wherein when the amountof
`
`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 amountof 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.
`
`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
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 8
`
`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 amountof 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
`
`view of Kabasawa’s, in order to control or adjust the charging current corresponding to
`
`the current and boundary charge amount ([0085]-[0087]; Tatsumoto).
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cummings
`
`(U.S. 5818200), and Kabasawa (U.S. 2012/0038320), as applied above in claim 1, and
`
`further in view of Kano (U.S. 201 1/0260689)
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 9
`
`Regarding claim 5, Cummings teaches the electronic device according to claim 1,
`
`in
`
`view of Kabasawa. 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 teaches the 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) andis 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 andis fixed in the electronic device
`
`of Kano’s into Cummings’,
`
`in view of Kabasawa’s,
`
`in order to provide a longer
`
`charge/discharge cycle life of the lower capacity battery compared to the higher capacity
`
`battery ([0028], last 4 lines; Kano).
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Cummings
`
`(U.S. 5818200) and Kabasawa (U.S. 2012/0038320), as applied above in claim 1, and
`
`further in view of Matsuda (U.S. 5563493)
`
`Regarding claim 6, Cummings teachesthe electronic device according to claim 1, in
`
`view of Kabasawa, further comprising: a first detector (col. 2, lines 10-30; col. 3, lines 4-
`
`9) which is configured to detect a state (col. 2, lines 10-30; col. 4, lines 16-32) where the
`
`main battery (813 of 302, Fig. 3) is to be detached(col. 1, lines 8-9; col. 2, lines 10-30)
`
`from the electronic device (20, Fig. 3); and
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 10
`
`a second detector (col. 2, lines 10-30; col. 4, lines 16-32) which is configured to
`
`output a signal(col. 2, lines 10-30; col. 4, lines 16-32, a signal from a microprocessor of
`
`sub-battery to close internal switch for selection of the sub-battery if main battery is
`
`absent; abstract).
`
`The combination does notexplicitly teach (a second detector which is configured
`
`to) output a detection signal indicating whether or not the main battery is attached to the
`
`electronic device.
`
`Matsuda teaches detection the presence or absence of the connection of the
`
`battery (S2, S4, S8 Fig. 9 or 12 or 17) and output a detection signal (col. 8, lines 56-60)
`
`indicating whether or not the battery is attached to the electronic device; display for
`
`indicating the state of the battery (claim 7).
`
`It would have been obvious to one of
`
`ordinaryskill in the art before the effective filing date of the claimed invention to
`
`incorporate a detection signal indicating whether or not the battery is attached to the
`
`electronic device of Matsuda’s into Cummings’, in view of Kabasawa’s, so that the
`
`detection signal can be used to update the system status to the user e.g., via an LED
`
`indicator or display.
`
`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,
`
`and U.S. 8907631
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`Page 11
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DUNG V BUI whose telephone number is (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-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.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
`
`Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like
`
`assistance from a USPTO Customer Service Representative or access to the
`
`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-
`
`1000.
`
`/DUNG V BUI/
`Examiner, Art Unit 2859
`
`

`

`Application/Control Number: 16/041 ,831
`Art Unit: 2859
`
`/RICHARD ISLA/
`Supervisory Patent Examiner, Art Unit 2859
`August12, 2021
`
`Page 12
`
`

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