Ex Parte Wozniak

Patent Trial and Appeal Board

Apr 16, 2013

11261294 (P.T.A.B. Apr. 16, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte JOHN A. WOZNIAK
____________

Appeal 2010-008631
Application 11/261,294
Technology Center 2800
____________

Before DENISE M. POTHIER, BRUCE R. WINSOR, and
BARBARA A. BENOIT, Administrative Patent Judges.

POTHIER, Administrative Patent Judge.

DECISION ON APPEAL
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134(a) from the Examiner’s
rejection of claims 15-41. Claims 1-14 have been canceled. App. Br. 2.1
We have jurisdiction under 35 U.S.C. § 6(b). We affirm.

1 Throughout this opinion, we refer to the Appeal Brief (App. Br.) filed
September 21, 2009; (2) the Examiner’s Answer (Ans.) mailed February 18,
2010 and (3) the Reply Brief (Reply Br.) filed April 14, 2010.
Appeal 2010-008631
Application 11/261,294

2
Invention
Appellant’s invention relates to a battery analysis system to determine
if a battery is defective. See Abstract. Claim 15 is reproduced below with a
certain disputed limitation emphasized:
15. A battery analysis method, comprising:
reading at least one battery parameter value from at least one
register of a battery; and
comparing the at least one battery parameter value to a
predetermined value to determine if the battery is defective.

The Examiner relies on the following as evidence of unpatentability:
van Phuoc US 5,633,573 May 27, 1997
Proctor US 5,895,440 Apr. 20, 1999
Gottlieb US 6,274,950 B1 Aug. 14, 2001
Sonobe US 6,664,000 B1 Dec. 16, 2003
Krieger US 6,822,425 B2 Nov. 23, 2004
Tran US 6,982,544 B2 Jan. 3, 2006
(filed Sept. 16, 2004)

The Rejections
Claims 15, 16, 18, 19, 22, 23, 25, 26, 29, 31, 34, and 36 are rejected
under 35 U.S.C. § 102(b) as anticipated by Gottlieb. Ans. 3-5.
Claims 17, 30, 33, 35, and 39 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Gottlieb and Proctor. Ans. 5-6.
Claim 24 is rejected under 35 U.S.C. § 103(a) as unpatentable over
Gottlieb and van Phuoc. Ans. 6-7.
Claims 20, 21, 32, 37, and 38 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Gottlieb and Sonobe. Ans. 7.
Claims 27 and 40 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Gottlieb and Krieger. Ans. 7-8.
Appeal 2010-008631
Application 11/261,294

3
Claims 28 and 41 are rejected under 35 U.S.C. § 103(a) as
unpatentable over Gottlieb and Tran. Ans. 8-9.

THE ANTICIPATION REJECTION OVER GOTTLIEB
Regarding illustrative claim 15, the Examiner finds that Gottlieb
discloses monitors 8a-c and each monitor’s processor 64 supports storing
and processing parameter values obtained from the monitors. Ans. 3, 10.
Based on this disclosure, the Examiner finds that Gottlieb’s battery monitor
is a register of a battery and Gottlieb discloses reading battery parameters
from this register. See Ans. 9-12.
Appellant argues that neither element in Gottlieb mapped to the
recited register (i.e., 5 or 64) is a register. App. Br. 7; Reply Br. 1-3. As
such, Appellant contends that Gottlieb cannot read a battery parameter from
the battery’s register as recited. Id.

ISSUE
Under § 102, has the Examiner erred in rejecting claim 15 by finding
that Gottlieb teaches a “register of a battery” and reading a battery parameter
value from the register?

ANALYSIS
We begin by construing the key disputed limitation of claim 15, “at
least one register of a battery.” During examination of a patent application,
a claim is given its broadest reasonable construction “in light of the
specification as it would be interpreted by one of ordinary skill in the art.”
In re Am. Acad. of Sci. Tech Ctr., 367 F.3d 1359, 1364 (Fed. Cir. 2004).
Appeal 2010-008631
Application 11/261,294

4
Turning to the disclosure, Appellant illustrates in Figure 1 that battery 14 has
a microprocessor 30 and memory registers 32 that comprise information
stored by the microprocessor 30. Spec. ¶ 0012; Fig. 1. These registers in
Figure 1 relate to memory (see label for 32 “MEMORY REGISTERS”) and
are, at best, tangentially related to a battery in that the registers store
parameters associated with the battery.
Also, Appellant has not defined a “register” of a battery (see generally
Specification) or demonstrated this term has a particular meaning in the art.
See App. Br. 7. Using a plain meaning for this term in the context of
electronic computation, a “register” includes “[a] device capable of
retaining information, often that contained in a small subset (for example,
one word), of the aggregate information in a digital computer.”2 Thus, the
broadest reasonable construction of the phrase, “at least one register of a
battery,” includes a device for retaining information that comprises at least a
portion of the aggregate information related to a battery. With this claim
construction, we turn to Gottlieb.
The Examiner relies on Figures 1, 3, and 4 showing monitors
8a-c and processor 64 in finding that Gottlieb discloses a register of a
battery. Ans. 3, 9. Figure 3 in Gottlieb shows the details of each battery
pack monitor (e.g., 8a) which includes monitor processor 64 receiving
battery parameter values (e.g., 64a-e). Col. 6, ll. 55-56, col. 7, ll. 31-43,
55-62; Fig. 3. Of interest, Gottlieb discloses storing and retrieving “data
related to battery pack 7a” (e.g., DO, DI) in Electrically-Erasable
Programmable Read Only Memory (EEPROM) 70 and shifting the battery
pack data into and out of EEPROM under the control of clock signals. Col.

2 The Authoritative Dictionary of IEEE Standards Terms 949 (7th ed. 2000).
Appeal 2010-008631
Application 11/261,294

5
8, ll. 7-14. Gottlieb therefore discloses monitor 8a includes a device for
retaining information (e.g., EEPROM retains data) that has some
relationship to a battery (e.g., battery pack 7a) and that battery pack data
(e.g., at least one battery parameter value) is retrieved or read from a battery
register (e.g., EEPROM 70) as recited.
Additionally, Gottlieb further discusses an input port 64e of monitor
8a receives digital battery pack data (e.g., a battery data word) from its
adjacent neighbor, monitor 8b, and from all the other monitors in the chain
(e.g., monitor 8c). Col. 7, ll. 55-59; Figs. 1, 3. Given that each monitor
includes a similar EEPROM (see col. 6, ll. 55-56), as explained above,
processor 64 for monitor 8a also receives battery parameter values from
other battery’s registers. Moreover, Gottlieb discloses each monitor (e.g.,
8b-c) has a register (e.g., 115) in its processor. Col. 12, ll. 51-52; Fig. 4.
Any battery pack data from neighboring monitors 8b-c will thus pass
through and will be read from a register of the other monitors’ batteries.
Notably, the Examiner also relies on the Uninterrupted Power System
(UPS) central processing unit (CPU) 5 UPS to illustrate a component that
reads battery parameter values from a register of a battery. Ans. 9. We do
not adopt or rely upon this component in sustaining the anticipation rejection
and will not address any arguments concerning CPU 5. See App. Br. 7.
For the foregoing reasons, Appellant has not persuaded us of error in
the rejection of independent claim 15 and claims 16, 18, 19, 22, 23, 25, 26,
293, 31, 34, and 36 not separately argued with particularity (App. Br. 10).

3 While claims 29 and 34 are separately argued (see App. Br. 8-10), the
arguments presented are the same or similar to those for claim 15 and are
grouped accordingly.
Appeal 2010-008631
Application 11/261,294

6
THE REMAINING REJECTIONS
For each of the remaining rejections, Appellant refers to the previous
arguments for independent claims 15, 29, and 34. App. Br. 11-13. The
issues before us, then, are the same as those in connection with claims 15,
29, and 34. We are not persuaded and refer to our previous discussion.

CONCLUSION
The Examiner did not err in rejecting claims 15-41 under §§ 102 or
103.

DECISION
The Examiner’s decision rejecting claims 15-41 is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).

AFFIRMED

rwk

Add APage
Application/Control No, Under
11/261.294
Notice of References Cited
Examiner
Page 1 of 1
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PTO-892 (Rev, 01-2001) Notice of Referencc;s Cited Pa.rt of Paper No,
IEEE 100

The Authoritative Dictionary of

IEEE Standards Terms

Seventh Edition
+IEEE
Published by
Standards Information Network
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advanced in this publication.
region, Geiger-Mueller 949
region, Geiger-Mueller See: Geiger-Mueller region.
region growing (image processing and pattern recognition)
An image segmentation technique in which regions are
formed by repeatedly taking the union of subregions that are
similar in gray levels or textures. See also: region partition­
ing. (C) 610A·1990w
region of limited proportionality (radiation counter tubes)
The range of applied voltage below the Geiger.Mueller
threshold, in which the gas amplification depends upon the
charge liberated by the initial ionizing event.
(ED) 161·1971w
region partitioning (image processing and pattern recogni­
tion) An image segmentation technique in which regions are
formed by repeatedly taking the union of sub-regions that are
similar in gray levels or textures and by repeatedly splitting
apart subregions that are dissimilar. See also: region growing.
(C) 610A-1990w
region, proportional See: proportional region.
regions of electromagnetic spectrum (1) (illuminating engi­
neering) For convenience of reference, the electromagnetic
spectrum is arbitrarily divided as follows:
Vacuum ultraviolet
Extreme ultraviolet 10-100 nm
Far ultraviolet 100-200 nm
Middle ultraviolet 200-300 nm
Near ultraviolet 300-380 nm
Visible 380-770 nm
Near (short wavelength) 770-1400 nm infrared
Intermediate infrared 1400-5000 nm
Far (long wavelength) 5000-1 000 000 nm infrared
Note: The spectral limits indicated above have been chosen
as a matter of practical convenience. There is a gradual tran·
sition from region to region without sharp delineation. Also,
the division of the spectrum is not unique. In various fields
of science, the classifications may differ due to the phenom­
ena of interest. Another division of the ultraviolet spectrum
often used by photobiologists is given by the Intemational
Commission on Illumination (CIE):
• UV-A 315 to 400 nm
• UV-B 280 to 315 nm
• UV-C 100 to 280 nm
(EECflE) [126]
(2) (light·emitting diodes) For convenience of reference the
electromagnetic spectrum near the visible spectrum is divided
as follows.
Spectrum Wavelength in Nanometers
far ultraviolet 10-280
middle ultraviolet 280-315
near ultraviolet 315-380
visible 380-780
infrared 790-1O-~
Note: The spectral limits indicated above should not be con­
strued to represent sharp delineations between the various
regions. There is a gradual transition from region to region.
The above ranges have been established for practical pur­
poses. See also: radiant energy. (EECIlE) [126]
register (1) (electronic computation) A device capable of re­
taining information, often that contained in a small subset (for
example, one word), of the aggregate information in a digital
computer. See also: address register; index register; circulat­
ing register; shift register. (C) 162-1963w
(2) (telephone switching systems) A part of an automatic
switching system that receives and stores signals from a call­
ing device or other source for interpretation and action.
(COM) 312·1977w
(3) A term used to describe quadlet addresses that can be read
or written by software. In the context of this document, a
register does not imply a specific hardware implementation.
If a bus standard allows transactions to be split, and sufficient
time is allowed between the request and response subactions,
register-transfer level
the functionality of the register can be emulated by a proces­
sor on the module. (C/MM) 1212-1991s
(4) A storage device or storage location having a specified
storage capacity. See also: strobe. (C) 610.l0-1994w
(5) A set of records (paper, electronic, or a combination)
maintained by a Registration Authority containing assigned
names and the associated information.
(C/LM) 802. JOg-1995
register architecture A computer architecture whose design is
based on the maintenance of data items in registers. Contrast:
stack architecture. (C) 61O.1O-1994w
register-arithmetic and logic unit An arithmetic and logic unit
which also contains a register array. (C) 61O.10-1994w
register array See: register file.
register· based device A servant-only device that supports VXI­
bus configuration registers. Register-based devices are typi­
cally controlled by message-based devices via device-depen­
dent register reads and writes. (C/MM) 1I55-1992
register constant (meter) The factor by which the register read­
ing must be multiplied in order to provide proper considera·
tion of the register, or gear, ratio and of the instrument trans­
former ratios to obtain the registration in the desired unit.
Note: It is commonly denoted by the symbol Kr. See also:
electricity meter; moving element. (ELM) CI2.1-1982s
registered images Two or more images of the same scene that
have been positioned with respect to one another so that cor·
responding points in the images represent the same point in
the scene. (C) 61OA-1990w
register file A set of registers which may be addressed by their
number in the set. Synonym: register array.
(C) 610.10-1994w
register length (1) (electronic computation) The number of
characters that a register can store. (Std 100) 270-1966w
(2) The storage capacity of a register. (C) 61O.l0-l994w
register marks Any mark or line printed or otherwise impressed
on a web of material and which is used as a reference to
maintain register. See also: photoelectric control.
(IAflCTLflAC) (60]
register, mechanical See: mechanical register.
register memory (A) Use of high-speed general purpose reg­
isters as one would use memory, as in using registers to hold
frequently-used data items. (8) Registers specifically in­
cluded in the machine design for use as high-speed storage.
(C) 610.10-1994
register ratio (watthour meter) The number of revolutions of
the first gear of the register, for one revolution of the first dial
pointer. Note: This is commonly denoted by the symbol R"
(ELM) C12.l-1982s
register reading The numerical value indicated by the register.
Neither the register constant nor the test dial (or dials), if any
exist, is considered. See also: electricity meter.
(EEC/PE) (119]
register set A subset of the full array of registers in a machine
which the processing unit is currently allowed to use. Note:
Machines may have N registers of which the processor may
be able to address only M at a time; this divides the register
array into N/M register sets. (C) 610.l0·1994w
register transfer language (RTL) A computer language used
to represent the flow of information on a system level; for
example, to show data at the level of computer devices such
as registers, gates, and ALUs. (C) 610.10-1994w
register-transfer level (RTL) (1) A description of computer
operations where data transfers from register to register, latch
to latch and through logic gates are described. Note: This may
be an abstract description or microcoding.
(C) 610.10-1994w
(2) A level of description of a digital design in which the
clocked behavior of the design is expressly described in terms
of data transfers between storage elements, which may be
implied, and combinational logic, which may represent any
computing or arithmetic-logic-unit logic. RTL modeling ai­