Douglas X. Zhu et al.Download PDFPatent Trials and Appeals BoardSep 9, 201914041243 - (D) (P.T.A.B. Sep. 9, 2019) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/041,243 09/30/2013 Douglas X. ZHU 83392943; 67186-001PUS3 7142 46442 7590 09/09/2019 CARLSON, GASKEY & OLDS, P.C./Ford 400 W. MAPLE RD. SUITE 350 BIRMINGHAM, MI 48009 EXAMINER PAIK, SANG YEOP ART UNIT PAPER NUMBER 3761 NOTIFICATION DATE DELIVERY MODE 09/09/2019 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): cgolaw@yahoo.com ptodocket@cgolaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte DOUGLAS X. ZHU, JACOB MATHEWS, PATRICK DANIEL MAGUIRE, and PATRICK L. PADGETT ____________________ Appeal 2018-008453 Application 14/041,243 Technology Center 3700 ___________________ Before LINDA E. HORNER, JOHN C. KERINS, and PHILLIP J. KAUFFMAN, Administrative Patent Judges. KAUFFMAN, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Douglas X. Zhu et al. (Appellant)1 seeks our review under 35 U.S.C. § 134 of the Examiner’s rejection of claims 1–11, 13–16, and 18–28. Final Office Action, dated Sept. 27, 2017 (“Final Act.”). We have jurisdiction under 35 U.S.C. § 6(b ). We affirm-in-part. 1 Appellant identifies Ford Global Technologies, LLC as the real party in interest. Appeal Br. 1. Appeal 2018-008453 Application 14/041,243 2 CLAIMED SUBJECT MATTER Appellant’s claimed subject matter relates to “thermal controls for an electrical storage device in a vehicle.” Spec. ¶ 2. Claims 1, 11, 16, and 21 are independent. Claims 1 and 16 are reproduced below. 1. An electrical storage device heater system, comprising: a high voltage electrical storage device; a heater configured to regulate a temperature of said high voltage electrical storage device, said heater including a thermoelectric heater element; and a controller configured to actuate said heater using power sourced from a location separate from said high voltage electrical storage device. 16. A method, comprising: checking whether a vehicle is in a key ON or key OFF condition with a controller; connecting a heater to a high voltage electrical storage device of a battery system of the vehicle if a temperature is below a temperature threshold and the vehicle is in the key OFF condition; and disconnecting the heater from the high voltage electrical storage device if the temperature is above the temperature threshold or the battery system is disconnected from an external power source. Appeal 2018-008453 Application 14/041,243 3 EVIDENCE Anderson Reed Lee Ijaz McCall US 3,798,072 US 5,115,116 US 5,281,792 US 5,948,298 US 5,994,669 Mar. 19, 1974 May 19, 1992 Jan. 25, 1994 Sept. 7, 1999 Nov. 30, 1999 McMahan Buckley US 6,002,240 US 6,183,855 B1 Dec. 14, 1999 Feb. 6, 2001 Kahlon Cobb Berels Nada US 2003/0140880 A1 US 2003/0155344 A1 US 2003/0169018 A1 US 6,668,963 B2 July 31, 2003 Aug. 21, 2003 Sept. 11, 2003 Dec. 30, 2003 REJECTIONS 1. Claims 1, 2, 4–10, 16, 20–22, and 26–28 are rejected under 35 U.S.C. § 103(a) over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb. Final Act. 2–6. 2. Claim 3 is rejected under 35 U.S.C. § 103(a) over Nada, McCall, either Lee or Ijaz, and either Bukley or Cobb, and either Kahlon or Berels. Final Act. 6. 3. Claims 11, 13, 15, and 24 are rejected under 35 U.S.C. § 103(a) over Nada, McCall, and Kahlon. Final Act. 6–7. 4. Claim 14 is rejected under 35 U.S.C. § 103(a) over Nada, McCall, Kahlon, and either Anderson or Lee. Final Act. 7–8. 5. Claims 18 and 19 are rejected under 35 U.S.C. § 103(a) over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and McMahan. Final Act. 8. Appeal 2018-008453 Application 14/041,243 4 6. Claim 23 is rejected under 35 U.S.C. § 103(a) over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and Kahlon. Final Act. 8–9. 7. Claim 25 is rejected under 35 U.S.C. § 103(a) over Nada, McCall, Kahlon, either Anderson or Lee, and Reed. Final Act. 9. ANALYSIS2 A. Claims 1, 2, 4–10, 16, 20–22, and 26–28 over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb 1. Claim 1 The Examiner finds that Nada discloses a system as claimed, except that Nada does not disclose the claimed heater and controller. Final Act. 2. The Examiner finds that McCall discloses both a heater for a low power vehicle starter battery and a controller. Id. The Examiner finds that either Lee or Ijaz shows a battery warmer comprising a resistance heater. Id. at 3. The Examiner finds that either Buckley or Cobb demonstrates that a thermoelectric heater element (in the form of a Peltier element) was a known alternative to a resistance heater. Id. The Examiner finds that it was known that high voltage batteries, such as Nada’s, are like low voltage batteries, such as McCall’s, in that both benefit from using heaters to counter exposure to extreme cold temperatures. Id. at 3. 2 We review the appealed rejections for error that is identified by Appellant, and those arguments that are not made are waived. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential); 37 C.F.R. § 41.37(c)(1)(iv). Appeal 2018-008453 Application 14/041,243 5 The Examiner concludes that it would have been obvious to modify Nada by adding a battery warmer and controller, as disclosed by McCall, to both increase battery life and provide sufficient battery power in cold temperatures. Final Act. 3. The Examiner concludes that it would have been obvious to further modify the Nada and McCall combination so that the heater was a thermoelectric heater, in the form of a Peltier element, as taught by either Buckley or Cobb. Id. Appellant traverses the rejection of claim 1 for five interrelated reasons. a. Reasonable Expectation of Success Appellant contends that a person of ordinary skill in the art would not have had a reasonable expectation of success in the proposed combination. Appeal Br. 5; Reply Br. 2. Specifically, Appellant contends that the Examiner proposes to incorporate McCall’s heating elements 13 into Nada, but such a modification would violate McCall’s object of providing battery warmer elements that are built into the battery casing. Id. (citing McCall, 2:2–30); Reply Br. 2 (essentially repeating the argument of the Appeal Brief). Appellant’s contention is unpersuasive because it is premised on a mischaracterization of the rejection. The Examiner does not propose to incorporate only McCall’s heating elements 13 into Nada; rather, the Examiner proposes to modify Nada by adding McCall’s battery warmer which includes both the case and the heating elements. Final Act. 2 (“McCall discloses a battery warmer case 10 including a heater 13”), id. at 3 Appeal 2018-008453 Application 14/041,243 6 (proposing to add a “battery warmer” as disclosed by McCall); see also McCall 3:19–24, Fig. 1 (disclosing that warmer case 10 includes numerous heating elements 13). b. Principle of Operation Appellant contends that the proposed combination would completely change the principle of operation of Nada and McCall, and would require a substantial reconstruction and redesign of McCall’s battery case. Appeal Br. 5 (citing In re Ratti, 270 F.2d 810, 813 (CCPA 1959)); Reply Br. 2–3. In Ratti, the court held that claimed subject matter may not be obvious when the proposed modification would require both: (1) substantial reconstruction and redesign of the primary reference, and (2) a change in the basic principles under which the primary reference was designed to operate. In re Ratti, 270 F.2d at 811–813. Appellant’s contention is not persuasive regarding either of the two prongs of Ratti. Specifically, Appellant presents a conclusory assertion that substantial reconstruction and redesign of McCall’s case would be required, but does not provide a cogent supporting explanation. Further, Appellant does not allege that the modification would require substantial reconstruction and redesign of the primary reference, i.e. Nada, and does not provide a cogent explanation of any basic principle of operation of either Nada or McCall that is changed by the proposed modification. Essentially, Appellant states a legal principle without tying it to the facts of this case. Appeal 2018-008453 Application 14/041,243 7 c. Unsatisfactory for Intended Purpose Appellant contends that incorporating the Peltier heat pump of either Buckley or Cobb would render the battery casing of the Nada and McCall combination unsatisfactory for the intended purpose of providing battery heating elements built into a battery casing.3 Appeal Br. 5–6 (citing In re Gordon, 733 F.2d 900 (Fed. Cir. 1984)). As we explain below, Appellant conflates the structure of a device with the intended pupose of that device. In Gordon, the prior art was a liquid strainer for removing dirt and water from gasoline (and other lighter oils). In re Gordon, 733 F.2d at 901. The strainer included pocket 9 at the bottom of shell 1 for capturing the unwanted dirt and water. Id. The strainer relied in part on the assistance of gravity to operate, and the proposed modification turned the strainer upside down so that pocket 9 would no longer capture unwanted dirt and water, rendering the device “inoperable for its intended purpose.” Id. at 902. For that reason, the Court said that the prior art would not have provided motivation to orient the device upside down, and in fact, the prior art taught away from such an orientation. Id. In Gordon, the intended purpose of the device was to filter dirt and water from gasoline. Pocket 9 was not the intended purpose of the device; rather, pocket 9 was a part of the structure for carrying out the intended purpose. Similarly, the intended purpose of McCall’s device is to warm a 3 Although Appellant mentions both Nada and McCall with regard to the intended purpose, Appellant only provides a supporting citation to McCall. See Appeal Br. 5–6. Appeal 2018-008453 Application 14/041,243 8 vehicle starter battery, and heating elements 13 within case 10 are part of the structure that carries out that purpose. See McCall, abstract, [54], 1:66–2:40, Fig. 1. The modified device proposed by the Examiner would still meet McCall’s intended purpose of warming a vehicle starter battery. Consequently, Appellant’s argument is not persuasive. d. Rationale Appellant argues that the Examiner’s reasoning for adding a battery warmer and controller to Nada, namely, “to increase the life of Nada’s high voltage battery and to ensure that the battery has sufficient power to meet vehicle power requirements at extremely low temperatures,” is conclusory, speculative, and insufficient to support a conclusion of obviousness. Appeal Br. 6 (quoting Final Act. 3). In support of this argument, Appellant contends that: (1) the proposed modification would require a substantial redesign and reconstruction of Nada’s system, (2) Nada “doesn’t disclose a heater or anything related to heating a battery,” and (3) the Office has not explained how the proposed modification would somehow increase the life of Nada’s battery or enable it to meet vehicle power requirements. Id. at 6‒7. We analyze each of Appellant’s contentions in turn. Appellant’s first underlying contention, that the proposed modification would require a substantial redesign and reconstruction of Nada’s system, is not supported by a cogent explanation. Appellant’s second contention, that Nada does not disclose anything related to heating a battery, implies that the absence of a feature demonstrates the nonobviousness of adding that feature. Appellant’s logic would limit prior Appeal 2018-008453 Application 14/041,243 9 art rejections to anticipation and would do away with obviousness. Such is not the law. Rejections for obviousness under 35 U.S.C. § 103, by definition, involve some change, such as an addition, to the prior art. Appellant’s third contention, that the Examiner did not explain how the proposed modification would increase the life of Nada’s battery or enable it to meet vehicle power requirements, is incorrect. As detailed above, the Examiner explained that it was known that heating a battery extends battery life, and high voltage batteries, such as Nada’s, are similar to low voltage batteries, such as McCall’s, in that they benefit from using heaters to counter exposure to extreme cold temperatures. See Final Act. 3; McCall, 1:59–62; Ijaz, 1:15‒20. In sum, each of Appellant’s supporting contentions are unpersuasive, and for that reason, Appellant’s argument that the Examiner’s reasoning is conclusory is also unpersuasive. Overall, Appellant’s argument here is a challenge to the Examiner’s rationale for adding McCall’s battery warmer to Nada’s system. Appellant does not cogently address the Examiner’s finding that it was known that high voltage batteries, such as Nada’s, are similar to low voltage batteries, such as McCall’s, in that they benefit from using heaters to counter exposure to extreme cold temperatures. See id. In this light, adding McCall’s battery warmer to Nada’s system is the “mere application of a known technique to a piece of prior art ready for the improvement.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). Appeal 2018-008453 Application 14/041,243 10 e. Use of Thermoelectric Heater Appellant argues that the Examiner’s assertion that it was known to use a thermoelectric heater in place of an electric resistant/resistive heating element is conclusory and speculative. Appeal Br. 7. According to Appellant, neither Buckley nor Cobb discloses a thermoelectric heat pump for heating a high voltage battery. Id. The Examiner cited two supporting references for the proposition that using a thermoelectric heater in place of an electric resistant/resistive heating element was known. Final Act. 3 (citing Buckley, 10:42–48 and Cobb ¶ 82). Rather than address that evidence, Appellant simply asserts that the Examiner’s assertion was conclusory. Further, Appellant’s contention that neither Buckley nor Cobb discloses a thermoelectric heat pump for heating a high voltage battery is inapposite in that the rejection relies on a combination of references to meet that limitation. See id. at 2–3 (replacing McCall’s battery warmer heating element, as modified by Lee or Ijaz to be a resistance heater, with the heater of either Buckley or Cobb); see also In re Keller, 642 F.2d 413, 426 (CCPA 1981) (one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references). Consequently, Appellant’s argument is unpersuasive. f. Claim 1 Conclusion None of Appellant’s five arguments against the rejection of claim 1 apprises us of error, and therefore, we sustain the rejection of claim 1. Appeal 2018-008453 Application 14/041,243 11 Claims 2 and 4–10 depend from, and fall with, independent claim 1. 37 C.F.R. § 41.37(c)(1)(iv). 2. Claim 16 Claim 16 is directed to a method that includes the steps of: (1) “checking whether a vehicle is in a key ON or key OFF condition with a controller,” (2) connecting the heater if the temperature is below a threshold and the key is in the key OFF position, and (3) disconnecting the heater if the temperature is above a threshold or if the battery system is disconnected from an external power source. The Specification describes an embodiment of a vehicle having controller 114 that controls operation of the heater by actuating a switch based on the on or off condition of a key of the vehicle (e.g., whether the key is in the vehicle ignition). Spec. ¶¶ 19, 34; Fig. 1. The Examiner finds that Ijaz discloses use of a controller (controller 80) that activates battery heaters that: (1) raise the batteries to a desired temperature and shut off above that temperature, and (2) do not operate the heaters when the system is not “on plug,” meaning the system is not being charged. Final Act. 5 (citing Ijaz, 5:5–67). The Examiner concludes that it would have been obvious to modify Nada by adding a battery warmer and a controller to: (1) maintain the battery at an optimal temperature, and (2) to disconnect the heater when the batteries are “not charged from an external power source,” as taught by Ijaz. Id. Appellant argues that Ijaz’s disclosure of determining whether the vehicle is “on plug” does not correspond to checking whether a vehicle is in a key ON or key OFF condition as recited in claim 16. Appeal Br. 7–8 Appeal 2018-008453 Application 14/041,243 12 (citing Final Act. 9–10); Reply Br. 4. For the reasons that follow, we agree with Appellant. The rejection of claim 16 makes no mention of a vehicle key condition. See Final Act. 5. The rejection proposes to modify Nada so that the controller disconnects the heater when the vehicle is “not charged from an external power source.” Id. The rejection does not assert that Ijaz’s detection of whether the vehicle is “on plug” corresponds to checking whether the key is in a key ON or key OFF condition. The portion of Ijaz cited by the Examiner discloses that battery control module 80 only operates heaters 40, 64C, and 64D when batteries 30 of vehicle 20 are being charged as revealed by whether vehicle 20 is “on plug.” See Final Act. 5; Ijaz, 5:30–47. Ijaz explains that battery control module 80 determines whether batteries 30 are being charged using information via a serial communication link to the on-board battery charger. Ijaz, 5:36‒41. When vehicle 20 is “on plug” (charging batteries 30), it is then possible for battery control module 80 to activate heaters 40, 64C and 64D based on certain temperature limitations. Ijaz, 5:48–67; Figs. 7A, 7B (algorithms performed by battery control module 80). In light of this, Ijaz discloses control of a battery warmer based on whether the vehicle is “on plug” (being charged). In contrast, claim 16 requires checking whether a vehicle key is in a key ON or key OFF condition. In the Answer, the Examiner asserts that, [s]ince the “on plug” or “off plug” is dependent on the battery being charged or not, such condition would include turning on of Appeal 2018-008453 Application 14/041,243 13 the vehicle with a key that starts and runs the vehicle wherein the “on plug” would be deemed in the broad scope as the key “on” condition. It is also noted that McCall shows the heater that is actuated when the vehicle is not running which is indicative of the vehicle is in the key off condition. Ans. 11. As an initial matter, we disagree with the Examiner’s claim interpretation that the on or off condition of the vehicle key as claimed is broad enough to cover whether a vehicle is on or off plug. The ordinary meaning of a vehicle key cannot reasonably be said to include a plug, nor does the Specification include a lexicographical definition that supports such an interpretation. With this claim interpretation in mind, we turn to the Examiner’s factual findings. The Examiner presents alternative findings: (1) Ijaz discloses that the condition of being on plug would include the vehicle key being in the key ON condition, and (2) McCall discloses not actuating the heater when the vehicle key is in the key OFF position. See Ans. 11. We analyze these contentions in turn. Regarding the first alternative, as detailed above, Ijaz is silent regarding a vehicle key. Nothing in Ijaz suggests that the condition of being on or off plug (charging or not charging) is the same as, or has a defined relationship with, the condition of the vehicle key. Regarding the second alternative, the Examiner does not identify any disclosure supporting the contention that McCall’s system only actuates the battery heater when the vehicle key is in a key OFF condition. See Ans. 11 Appeal 2018-008453 Application 14/041,243 14 (providing no citation to McCall); Final Act. 3 (asserting regarding claim 1 without a supporting citation, that “[i]t is also noted that the heater is actuated when the vehicle is not running which is indicative of the vehicle that is in the key off condition,” repeated at Ans. 11); Final Act. 5 (discussing only Ijaz and not McCall with regard to the limitation at issue in claim 16). McCall is titled, battery warmer with timer switch, and is directed to a vehicle starter battery warming system having an on/off control switch with a timer. McCall, [54], 1:4–11. The warmer can, for example, take the form of a timed thermostatic controller 40 having an on/off switch 41. Id. at 3:49–52; Fig. 5. A user sets the desired time and temperature for warmer operation. Id. at 2:66–3:18. McCall’s device can operate at a first lower continual temperature to keep the battery warm overnight, and then operate at an increased temperature near the time when the equipment or vehicle will be used. Id. at 1:4–17. McCall makes no disclosure regarding a vehicle key, let alone a disclosure regarding the relationship between the condition of the vehicle key and operation of a battery heater. We agree with Appellant that the Examiner has not shown that the prior art teaches or suggests each limitation of claim 16. Claims 20, 26, and 27, depend from claim 16 and the rejection of these claims suffers from the same shortcomings as that of claim 16. We reverse the rejection of claims 16, 20, 26, and 27. Appeal 2018-008453 Application 14/041,243 15 3. Claim 21 Independent claim 21 is directed to a battery heater system that includes a controller configured to control operation of a switch to supply power to a heater based on “at least battery cell temperatures, a key ON/OFF condition, and a converter AC/DC active signal.” The rejection of claim 21 makes no mention of a key condition (e.g., on or off). See Final Act. 5. Appellant argues that the prior art does not disclose a controller configured to control operation of a switch based on a key on or off condition. Appeal Br. 8. The Examiner responds that “a key on/off condition is deemed taught by McCall as well as Ijaz.” Ans. 11. Though not explicit, it appears the Examiner is relying on the same assertions regarding Ijaz and McCall as relied upon for the rejection of claim 16. These assertions are not persuasive for the reasons given above. Claim 28 depends from claim 21 and the rejection of claim 28 suffers from the same shortcoming as that of claim 21. Accordingly, we reverse the rejection of claims 21 and 28. 4. Claim 22 Claim 22 depends from claim 1 and contains a limitation similar to the limitation discussed above in the analysis of claims 16 and 21, i.e., the controller is configured to actuate the heater based on a vehicle key ON/OFF condition. For the reasons discussed above, the Examiner has not shown where this limitation is disclosed or rendered obvious by the prior art. Accordingly, we reverse the rejection of claim 22. Appeal 2018-008453 Application 14/041,243 16 B. Claim 3 over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and either Kahlon or Berels Claim 3 depends from independent claim 1. Appellant repeats the arguments for claim 1 above. Appeal Br. 9. Consequently, we sustain the rejection of claim 3. C. Claims 11, 13, 15, and 24 over Nada, McCall, and Kahlon Independent claim 11 is directed to a vehicle that includes a controller, and a high voltage electrical storage device that is selectively heated by a heater. Claim 11 further requires that the heater is powered by a “first power source,” and the controller that controls the operation of the heater is powered by an “alternative power source” (a source separate from the first power source). The Examiner found that: Nada discloses a vehicle having a first power source (auxiliary machinery battery 198) and a high voltage electrical storage device (high voltage battery 194), McCall discloses a battery warmer and a controller, and Kahlon discloses a plurality of battery sources including primary battery source 36 and secondary battery 30 having low voltage capacity for powering low voltage loads. Final Act. 6–7 (Kahlon ¶ 17). The Examiner concluded that it would have been obvious to modify Nada by adding a battery warmer and controller, as taught by McCall, to increase the life of Nada’s high voltage battery and to ensure sufficient power to meet vehicle power requirements in low temperatures. Id. at 7. The Examiner also concluded that it would have been obvious to modify the Appeal 2018-008453 Application 14/041,243 17 McCall and Nada combination by replacing the power source of Nada’s controller (auxiliary machinery battery 198) with a secondary battery as an alternative power source, as taught by Kahlon, “to power the low voltage loads” to include Nada’s controller. Id. Claim 11 requires the controller for the heater to be powered by the alternative power source. The rejection relies on McCall’s controller to control the heater (id.), but proposes to power Nada’s controller with an alternative power source (Kahlon’s secondary battery 30). Id. Therefore, the proposed combination does not meet the limitation of claim 11 that the controller for the heater is powered by an alternative power source. Consequently, we agree with Appellant that the rejection does not meet this limitation of claim 11.4 Appeal Br. 9. Accordingly, we reverse the rejection of claims 11, 13, 15, and 24. D. Claim 14 over Nada, McCall, Kahlon, and either Anderson or Lee Claim 14 depends from independent claim 11. The rejection does not rely on Anderson or Lee to correct the shortcoming of the rejection of claim 11. See Final Act. 7–8. Consequently, we agree with Appellant that the rejection of claim 14 is in error for the same reason given with regard to claim 11. See Appeal Br. 10. 4 The Examiner’s response to argument regarding what Kahlon discloses (Ans. 11) does not correct this deficiency in the rejection. Appeal 2018-008453 Application 14/041,243 18 E. Claims 18 and 19 over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and McMahan Claims 18 and 19 depend, directly or indirectly, from independent claim 16. The rejection does not rely on McMahan to correct the shortcoming of the rejection of claim 16. See Final Act. 8. Consequently, we agree with Appellant that the rejection of claims 18 and 19 suffers from the same shortcomings as that of claim 16 analyzed above. See Appeal Br. 10. F. Claim 23 over Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and Kahlon Claim 23 depends from independent claim 1, and adds that the “controller is powered by a low voltage battery that is separate from either of said high voltage electrical storage device and said power sourced from said location separate from said high voltage electrical storage device.” The added limitation is similar to the limitation at issue in claim 11. The rejection of claim 23 builds upon the rejection of claim 1, and relies on Kahlon for the added limitation. Final Act. 8–9. Appellant repeats the argument made for independent claim 11 that none of the asserted references discloses powering a controller with an auxiliary power source that is separate from both the high voltage electrical storage device and a low voltage battery. Appeal Br. 11. Our analysis of claim 11 above is applicable here, and therefore, we do not sustain the rejection of claim 23. Appeal 2018-008453 Application 14/041,243 19 G. Claim 25 is rejected under 35 U.S.C. § 103(a) over Nada, McCall, Kahlon, either Anderson or Lee, and Reed. Claim 25 depends from claim 14, which depends in turn from independent claim 11. The rejection does not rely on Anderson, Lee, or Reed to correct the shortcomings of the rejection of claim 11. See Final Act. 9. Consequently, we agree with Appellant that the rejection of claim 25 is in error for the same reason given with regard to claim 11. See Appeal Br. 11– 12. DECISION Claims 35 U.S.C. § 103 over Decision 1, 2, and 4–10 Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb Affirmed 16, 20–22, and 26–28 Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb Reversed 3 Nada, McCall, either Lee or Ijaz, either Buckley or Cobb, and either Kahlon or Berels Affirmed 11, 13, 15, and 24 Nada, McCall, and Kahlon Reversed 14 Nada, McCall, Kahlon, and either Anderson or Lee Reversed 18 and 19 Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and McMahan Reversed 23 Nada, McCall, either Lee or Ijaz, and either Buckley or Cobb, and Kahlon Reversed 25 Nada, McCall, Kahlon, either Anderson or Lee, and Reed Reversed Appeal 2018-008453 Application 14/041,243 20 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED-IN-PART Copy with citationCopy as parenthetical citation