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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