DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive.
The applicant argues on page 7, Shen does not disclose the each plate 7 can provide both a serial connection and a parallel connection.
The examiner respectfully disagrees. Shen discloses the connecting piece 7 is used to realize the series and parallel connection of the battery modules, because the connecting piece 7 can effectively connect two threaded posts 8 together, thereby realizing the conductive effect between them (paragraph [0034]).
The applicant further argues, “To the extent that Kim and WO 2022/019532 are available as prior art under 35 U.S.C. § 102(a)(2), Applicant is submitting herewith Statements of Common Ownership regarding Kim and WO 2022/019532. Accordingly, Kim and WO 2022/019532 are disqualified as prior art under 35 U.S.C. § 102(b)(2)(C).” The applicant argument is persuasive. Therefore, This Office Action is Made Non-Final.
Drawings
Figure(s) 1 is/are objected to because appear to be low quality scans not suitable for printing and reproduction. When printed, the photographs will become obscured and difficult to interpret. Thus, new corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the submitted drawings are illegible.
Figures 1 and 2 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled "Replacement Sheet" in the page header (as per 37 CFR 1.84(c) ) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: fixing unit, first and second terminal portions, and a socket fasting unit in claim 1.
For the fixing unit, the function of this unit is defined as “to fix a battery cell”, but the structure of the fixing unit is missing in the claim. By reviewing the specification and drawing, the fixing unit has the structure of pressing plates to press two surfaces of the battery cells (page 5, lines 4-5, 140 in fig. 3). Accordingly, Under 35 USC 112(f), the examiner interprets the claimed fixing unit as encompassing the corresponding structure disclosed in the specification that performs the disclosed function, together with its statutory equivalents.
For the first and second terminal portions, the claim recites the structure as “terminal connectable to the battery electrode”; however, the corresponding function is not expressly recited in the claim. The specification discloses that the function of the first and second terminals portion is to connect an external power source to the socket fastening unit of the battery cell to perform charging and discharging (page 6, lines 14-16). Accordingly, Under 35 USC 112(f), the examiner interprets the claimed the first and second terminal portions as encompassing the corresponding structure disclosed in the specification that performs the disclosed function, together with its statutory equivalents.
For socket fastening unit, neither the corresponding structure nor the corresponding function is expressly recited in the claim. The specification discloses that the socket fastening unit includes the structure in which a plurality of connection lines can be fastened in a multi-tap scheme, and performs the function of providing charging and discharging for the battery having different standard (page 8, lines 8-13). Accordingly, Under 35 USC 112(f), the examiner interprets the claimed socket fastening unit as encompassing the corresponding structure disclosed in the specification that performs the disclosed function, together with its statutory equivalents.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-7 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Shen (CN 106970251A), with the publication date: 07/21/2017; attached is the human translation.
Regarding claim 1, Shen discloses a jig (figs. 1 and 2) for charging and discharging a battery cell (paragraph [0001]), the jig comprising:
a fixing unit to fix a battery cell (the limiting plates 41 and 42 used to fix the battery 10, fig. 1; paragraph [0035]);
first and second terminal portions which are electrically connectable to first and second electrode leads of the fixed battery cell, respectively (the positive and negative terminals of the battery to be tested 10 are respectively connected to threaded posts 8, paragraph [0033] where 8 is the part of the jig); and a socket fastening unit (threaded posts 8 with the connecting piece 7, fig. 1; Note: a socket fastening unit is a type of threaded fastener, and various components within that category, such as socket head cap screws and set screws, are also considered threaded posts or studs.) having a first end fastened to the first terminal portion or the second terminal portion, and a second end having two or more connection sockets to be electrically connected to an external side (The threaded posts 8 provided in the present invention are all conductive, so the positive and negative terminals of the battery 10 to be tested are essentially extended, paragraph [0034] Note: the threaded posts also provide the connection to outside).
Shen further discloses wherein at least one of the two or more connection sockets is a socket for serial connection and at least one other of the two or more connection sockets is a socket for parallel connection (the connecting piece 7 is used to realize the series and parallel connection of the battery modules, because the connecting piece 7 can effectively connect two threaded posts 8 together, thereby realizing the conductive effect between them, paragraph [0034]).
Regarding claim 3, Shen discloses the jig of claim 1. Shen further discloses wherein the at least one of the two or more connection sockets for serial connection is electrically connectable to another battery cell in series or is electrically connected to a power supply unit, and wherein the at least one other of the two or more connection sockets for parallel connection is electrically connectable to another battery cell in parallel (the connecting piece 7 is used to realize the series and parallel connection of the battery modules, because the connecting piece 7 can effectively connect two threaded posts 8 together, thereby realizing the conductive effect between them, paragraph [0034] the connecting piece 7 is capable of making the serial and parallel connection between the two adjacent battery cells as needed).
Regarding claim 4, Shen discloses the jig of claim 1. Shen further discloses wherein the socket fastening unit includes a number of p sockets for serial connection and a number of q sockets for parallel connection as the two or more connection sockets, wherein p is a positive integer between 1 and 20, and wherein q is a positive integer between 1 and 20 (plurality of threaded posts 8 and 7 in fig. 1).
Regarding claim 5, Shen discloses the jig of claim 1. Shen further discloses wherein the first end of the socket fastening unit is fastenable to the first terminal portion of the battery cell fixed at the fixing unit, and wherein the two or more connection sockets at the second end of the socket fastening unit include one or more sockets for serial connection and one or more sockets for parallel connection (paragraph [0034] where the threaded posts 8 is connected to the positive and negative terminal of the battery and the connecting piece 7 provide the serial and parallel connection between the battery modules), which satisfy at least one of: a condition that at least one of the sockets for serial connection is electrically connected to a power supply unit; a condition that at least one of the sockets for serial connection is electrically connected to a second terminal portion of another battery cell adjacent to the battery cell; and a condition that at least one of the sockets for parallel connection is electrically connected to a first terminal portion of another battery cell adjacent to the battery cell (paragraph [0034] the serial and parallel connection is realized with the help of connecting piece 7 and as desired for the situation).
Regarding claim 6, Shen discloses the jig of claim 1. Shen further discloses wherein at least one electrical connection pin is provided at the first end of the socket fastening unit, and wherein at least one groove for accommodating the electrical connection pin is provided at the second end of the socket fastening unit (threaded posts 8 has the holes (14) to make a connection outside, claim 1; fig. 1Note: many common threaded electrical posts feature a hole to accommodate a connecting pin or bare wire. This central hole is typically designed to accept a standard 4mm banana plug, a common type of connecting pin used in audio equipment, test leads, and power supplies).
Regarding claim 7, Shen discloses the jig of claim 1. Shen further discloses wherein the fixing unit is configured to press two surfaces of the battery cell through a pressing plate (The second limiting plate 41 can move in a direction perpendicular to the first limiting plate 42. In use, the battery 10 to be tested is placed between the first limiting plate 42 and the second limiting plate 41, abutting against the first limiting plate 42. Then the position of the second limiting plate 41 is adjusted so that the second limiting plate 41 also abuts against the battery 10 to be tested, thereby effectively clamping and fixing the battery 10 to be tested, paragraph [0035]), and wherein the first and second terminal portions are electrically connectable to the first and second electrode leads, respectively, in a state that the first and second electrode leads of the battery cell are fixed (The positive and negative terminals of the battery 10 to be tested are respectively connected to threaded posts 8. The threaded posts 8 pass through the first through hole 14 on the threaded posts 8, paragraph [0034]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen (CN 106970251A), and further in view of Fujimaki et al. (US 2017/0155256), herein after Fujimaki.
Regarding claim 8, Shen discloses a jig (figs. 1 and 2) for charging and discharging a battery cell (paragraph [0001]), the jig comprising:
a fixing unit to fix a battery cell (the limiting plates 41 and 42 used to fix the battery 10, fig. 1; paragraph [0035]);
first and second terminal portions which are electrically connectable to first and second electrode leads of the fixed battery cell, respectively (the positive and negative terminals of the battery to be tested 10 are respectively connected to threaded posts 8, paragraph [0033] where 8 is the part of the jig); and a socket fastening unit (threaded posts 8 with the connecting piece 7, fig. 1; Note: a socket fastening unit is a type of threaded fastener, and various components within that category, such as socket head cap screws and set screws, are also considered threaded posts or studs.) having a first end fastened to the first terminal portion or the second terminal portion, and a second end having two or more connection sockets to be electrically connected to an external side (The threaded posts 8 provided in the present invention are all conductive, so the positive and negative terminals of the battery 10 to be tested are essentially extended, paragraph [0034] Note: the threaded posts also provide the connection to outside).
However, Shen is silent about the jig further includes at least one of: a pressure sensor to measure pressure of the battery cell; or a temperature sensor to measure a temperature of the battery cell.
Fujimaki discloses a pressure sensor (pressure sensor 32 is connected to the battery cell to measure its pressure, fig. 2) to measure pressure of the battery cell (Abstract, paragraph [0091]).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen to include a pressure sensor on the battery module as taught by Fujimaki, in order to ensure safety (preventing fires/damage from overheating/overcooling), enhance performance & efficiency (optimizing charge/discharge rates), and extend lifespan (reducing stress from extreme pressure).
Claim(s) 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen (CN 106970251A) as applied to claim 1 above, and further in view of Huff et al. (US 2019/0140459), herein after Huff and Sekino (JP2009231138A), with publication date: 10/08/2009; attached is the machine translation.
Regarding claim 9, Shen discloses a system for charging and discharging of a battery cell where the system comprising a jig for charging and discharging of the cell according to claim 1 (see the rejection of claim 1). However, Shen is silent about a power supply unit and plurality of Jig connecting the battery modules together.
Huff discloses an external power sources to charge the battery module (110, fig. 1).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen to include a power supply unit as taught by Huff, in order to have precise control over voltage/current, enhanced safety (preventing overcharge/damage), flexibility (adapting to different battery types), and often better long-term value than basic chargers.
Sekino discloses a plurality Jigs is used to connect the plurality of battery modules together (more than 2 jigs 50 are used to connect the battery module together, fig. 17).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen in view of Huff to include a plurality of Jigs with the battery packs as taught Sekino, in order to efficiently testing/charging of high-voltage, high-capacity systems, combining higher voltage (series) with increased runtime/current (parallel), while the jigs provide individual control, safer handling, and better fault isolation, crucial for complex battery management and quality assurance in electric vehicles (EVs) or large power systems.
Regrading claim 10, Shen in view of Huff and Sekino discloses the system of claim 9, Sekino further discloses wherein the number of n jigs are arranged in series or in parallel in a state that has accommodated battery cells (the plurality of the battery jigs is arranged in series, fig. 9; paragraph [0069]).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen in view of Huff to include a plurality of Jigs with the battery packs as taught Sekino, in order to efficiently testing/charging of high-voltage, high-capacity systems, combining higher voltage (series) with increased runtime/current (parallel), while the jigs provide individual control, safer handling, and better fault isolation, crucial for complex battery management and quality assurance in electric vehicles (EVs) or large power systems.
Regarding claim 11, Shen discloses the system of claim 9 in view of Huff and Sekino. Shen further the connecting piece 7 to enable serial and the parallel connection between the battery modules (paragraph [0038]). However, Shen is silent about a single power source and the plurality of jigs.
Huff discloses an external power sources to charge the battery module (110, fig. 1).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen to include a power supply unit as taught by Huff, in order to have precise control over voltage/current, enhanced safety (preventing overcharge/damage), flexibility (adapting to different battery types), and often better long-term value than basic chargers.
Sekino discloses a plurality Jig is used to connect the plurality of battery modules together (more than 2 jigs 50 are used to connect the battery module together, fig. 17).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen in view of Huff to include a plurality of Jigs with the battery packs as taught Sekino, in order to efficiently testing/charging of high-voltage, high-capacity systems, combining higher voltage (series) with increased runtime/current (parallel), while the jigs provide individual control, safer handling, and better fault isolation, crucial for complex battery management and quality assurance in electric vehicles (EVs) or large power systems.
Regarding claim 12, Shen discloses the system of claim 11 in view of Huff and Sekino. Sekino discloses wherein a power connection line, which is fastened to one of the one or more connection sockets of the socket fastening unit of each jig, is switched to satisfy a rated voltage condition of the battery cell (paragraph [0040]-[0041] where the plurality of sockets 52 is switched to apply the optimal voltage during battery operation).
It would have been obvious to one of the ordinary skills in the art, before the effective filing date of claimed invention to modify Shen in view of Huff to include a plurality of Jigs with the battery packs as taught Sekino, in order to efficiently testing/charging of high-voltage, high-capacity systems, combining higher voltage (series) with increased runtime/current (parallel), while the jigs provide individual control, safer handling, and better fault isolation, crucial for complex battery management and quality assurance in electric vehicles (EVs) or large power systems.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SADIA KOUSAR whose telephone number is (571)272-3386. The examiner can normally be reached M-Th 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached at (571) 272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SADIA . KOUSAR
Examiner
Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
Prosecution Insights