Ex Parte Chiu - Page 7



           Appeal No. 2006-3126                                             Page 7            
           Application No. 10/154,060                                                         

                The examiner disagrees [answer, page 13]. The examiner asserts that           

           microprocessor 112 acts as a power estimator in the embodiments that use           

           a semi-smart or smart battery [answer, page 14].  The examiner notes that          

           ASIC 204 communicates with microprocessor 112 in the smart battery                 

           embodiment (col. 9, lines 37-42) [id.].  In the semi-smart battery                 

           embodiment, the examiner notes that microprocessor 112 communicates                

           with memory 206 (col. 9, line 58 through col. 10, line 7) [id.]. The examiner      

           further notes that microprocessor 112 periodically determines whether the          

           present capacity has reached a low capacity alarm threshold (col. 13, lines        

           62-67) [id.].  The examiner concludes that Flynn discloses a power estimator       

           because the capacity of the battery is a measure of the remaining battery          

           power [id.].                                                                       

                In addition, the examiner notes 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).  The examiner concludes that power is                    

           independently allocated to the components since certain components may be          

           supplied with power while other components are turned off [id.].                   

                After carefully considering the Flynn reference, we agree that the            

           instant claimed “power estimator” reads on Flynn’s microprocessor 112 in           







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