Ex Parte Chiu - Page 8

Appeal No. 2006-3126 Page 8
Application No. 10/154,060

the manner asserted by the examiner. We note that Flynn discloses

microprocessor 112 can obtain relevant values for a smart battery by

sending commands or messages to ASIC 204 [see col. 9, lines 37-57]. In

particular, we note that Flynn explicitly discloses the command “AT RATE

TIME TO EMPTY” (see fig. 6A, command code 0X06) provides an “estimate of

how long the battery can supply power based on the previously defined rate

value” [fig. 6A, see also discussion col. 11, lines 31-36]. Therefore, we find

that Flynn’s disclosure of the aforementioned command directly contravenes

appellant’s assertion that Flynn does not disclose how the rate of current

consumption is determined and thus does not disclose a power estimator

[brief, page 6].

We also agree with the examiner that Flynn’s microprocessor 112 acts

as a controller to independently allocate power from the power supply to a

first component (e.g., disabling Display 108, fig. 4 and col. 14, lines 33-36)

and a second component (e.g., disabling the transmit operation in RF section

116, col. 14, lines 3-7). We note that Flynn discloses “low capacity,” “critical

capacity,” and “dead capacity” threshold levels where current-consuming

operations or components are progressively disabled [col. 11, lines 6-21].

Flynn discloses that “high current-consuming operations or components”

(such as the display) are disabled first, this occurring when the “critical

capacity” threshold is detected [id.] Flynn further discloses that low current

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