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 .
Summary
The Applicant’s arguments and claim amendments received August 5, 2026 have been entered into the file. Currently, claims 1-2, 4, 7-9, and 11 are amended; resulting in claims 1-16 pending for examination.
Claim Interpretation
It is noted that claim 1 is drawn to a battery terminal comprising a post terminal and a short-prevention member. The post terminal being “provided to electrically connect a cable to a post of a battery by being coupled to the post of the battery by a compressing and clamping force applied thereto in a state in which the cable is connected to the post terminal” is considered intended use of the post terminal. A battery and the post of the battery are not positively recited in claim 1. Thus, a post terminal capable of performing the intended use is considered to satisfy the claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1, and by dependency claims 2-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the limitation in lines 9-11, stating that “the high electrical resistance of the short-prevention member facilitates equalization of electric potential among the post terminal, the short-prevention member and the post of the battery” is indefinite as it is not clear what facilitation of equal potential includes. In looking to the instant specification, paragraph [0051] states that an equal potential is generated between the three objects of the short-prevention member, the post, and battery terminal because the short prevention member and the post are first brought into contact. It is noted, however, that while the post and short-prevention member are in contact, the post and battery terminal are also in direct contact through the compression portion. This is supported in paragraph [0053] of the instant specification which discloses that when the post terminal is accommodated on the post, current conduction does not pass through the short-prevention member. Given that there is an additional contact point between the post and the battery terminal, and the disclosure that current conduction does not pass through the short-prevention member, it is not clear how there is an equal potential generated between the three components. Thus, for the purposes of examination, a short-prevention member having a high electrical resistance is interpreted as meeting the limitations of the claim.
Regarding claims 2-16, these claims are rejected based on their dependency on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-9, 11-14, and 16 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Fujii, et al. (US 2005/0064285 A1).
Regarding claim 1, Fujii teaches a battery terminal for connection to the battery post of a battery mounted on a mobile body such as an automobile (¶ [0046], Ln. 5-8). Fujii teaches that the battery terminal includes a battery terminal body (2; post terminal) with a pair of fastening portions (6), an annular portion (4 and 5), and a wire connection portion (9); and a corrosion-protective cover (3; short prevention member) (¶ [0016], Ln. 1-12; Fig. 1). As shown in Figure 1, the annular portions include battery post insertion holes (12 and 16) which compress the battery post when the fastening portions (6) are brought together by tightening a nut (20) (¶ [0072], Ln. 5-12), applying a compressing force. Fujii teaches that the corrosion-protective cover (3) has a base plate portion (29) and hook portions (30 and 31) so as to be attached to the battery terminal body only by fitting connection (detachable) (¶ [0057], Ln. 8-12). The corrosion-protective cover prevents corrosion of the battery terminal body (¶ [0002], Ln. 1-4), preventing spark generation, and is molded of a synthetic resin (¶ [0057], Ln. 1-5), having high resistance. As indicated above, as the corrosion-protection cover has a high electrical resistance, it is interpreted as meeting the claim limitation of facilitating equalization of electric potential among the post terminal, the short-prevention member and the post of the battery, thereby preventing generation of an electrical spark.
Regarding claim 2, Fujii teaches all of the limitations of claim 1 above. As noted above, the battery is considered intended use of the battery terminal. Thus, the battery terminal of Fujii is capable of being used on a lithium battery.
Regarding claim 4, Fujii teaches all of the limitations of claim 1 above and, as shown in Figure 10, further teaches that the base plate portion (29) of corrosion-protective cover (3; short prevention member) is provided at the bottom surface of the battery terminal body (2; post terminal), such that it would come into contact with the battery post prior to the rest of the battery terminal body contacting the battery post.
Regarding claim 5, Fujii teaches all of the limitations of claim 1 above and further teaches that the upper and lower base plates include battery post insertion holes (12 and 16), which are contracted in the diameter-reducing direction when a nut (20) is tightened laterally (¶ [0072], Ln. 1-12), forming a compression portion. As shown in Figure 1, this compression portion has the shape of cylinder with an interrupted portion (14; open portion) formed on one side. Extending from the side of this compression portion is a fastening portion (6; clamping portion), including a fastening bolt (19) and nut (20), which together make up a fastening member (¶ [0054], Ln. 1-9; Fig. 1). The wire connection portion (9; fastening portion) protrudes from the side of the battery terminal body (2; post terminal) opposite the fastening portions (6) (Fig. 1). As shown in Figure 4, the lower battery post insertion hole (16) protrudes below the base of the battery terminal body (2), forming a mounting protrusion in a radial direction which connects with the receiving surface (35) of the base plate portion (29) of corrosion-protective cover (3; short prevention member) (¶ [0059], Ln. 1-6).
Regarding claim 6, Fujii teaches all of the limitations of claim 5 above and further teaches that the compression portion has an uneven portion including a pattern of notches along the inner circumferential surface of the battery post insertion holes (12 and 16) as shown in Figure 1.
Regarding claims 7-8, Fujii teaches all of the limitations of claim 6 above and further teaches that the pattern of notches includes a plurality of grooves and protrusions, as shown in Figure 1. Thus, at least one groove along the inner circumferential surfaces of the battery post insertion holes is capable of coupling with a protrusion formed on the battery post, and at least one protrusion along the inner circumferential surfaces of the battery post insertion holes is capable of coupling with a groove formed on the battery post.
Regarding claim 9, Fujii teaches all of the limitations of claim 5 above and, as shown in Figure 5, further teaches that the base plate portion (29) of corrosion-protective cover (3; short prevention member) includes a flat plate (29), which is in close contact with the bottom surface of the compression portion of the battery terminal body (2), and a protruding portion (35; mounting portion), which is a receiving surface for the battery post insertion hole portion (16) (¶ [0059], Ln. 1-6).
Regarding claim 11, Fujii teaches all of the limitations of claim 9 above and further teaches that the flat plate portion of the base plate portion has a shape corresponding to the shape of the bottom surface of the compression portion, as shown in Figure 8A, which demonstrates the process of attaching the corrosion-protective cover to the battery terminal body (¶ [0037], Ln. 1-2).
Regarding claim 12, Fujii teaches all of the limitations of claim 9 above and further teaches that the protruding portion (35; mounting portion) includes a hole in which the battery post insertion hole portion (16) is inserted, as shown in Figures 9-10.
Regarding claim 13, Fujii teaches all of the limitations of claim 5 above and further teaches that the wire connection portion (9; fastening portion) protrudes from the side of the compression portion opposite the fastening portions (6; clamping portion) to have a phase difference of 180 degrees with the fastening portions (6), as shown in Figure 1.
Regarding claim 14, Fujii teaches all of the limitations of claim 13 above and further teaches that a terminal fixing bolt (10) is included in the wire connection portion (9; fastening portion), where an external connection terminal is capable of being connected (¶ [0047], Ln. 9-13).
Regarding claim 16, Fujii teaches all of the limitations of claim 5 above and further teaches that the fastening portions (6; clamping portion) includes a fastening bolt (19) and nut (20), which together make up a fastening member (¶ [0054], Ln. 1-9; Fig. 1). The fastening bolt (19) cooperates with the nut (20) to fasten the fastening portions (6) toward each other, reducing the diameter of the battery post insertion holes (12 and 16) (¶ [0054], Ln. 1-9). Thus, the inner surfaces of the battery post insertion holes (12 and 16) are brought into press-contact with the peripheral surface of the battery post to mount the battery terminal (¶ [0072], Ln. 7-12).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii, et al. (US 2005/0064285 A1), as applied to claims 9 and 5 above.
Regarding claim 10, Fujii teaches all of the limitations of claim 9 above. As shown in Figure 6, the close contact portion of the base plate portion (29) of corrosion-protective cover (3; short prevention member) includes a closed circle shape. Therefore, Fujii does not expressly teach that the close contact portion is in the shape of a “C”.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the shape of the base plate portion (29) of corrosion-protective cover (3; short prevention member) to include a break in the closed circle shape that aligns with the interrupted portion (14) of the battery post insertion holes (12 and 16). One of ordinary skill in the art would recognize that, as the purpose of the corrosion-protective cover (3) is to prevent corrosion of the of the battery terminal body, it is not necessary to include the corrosion-protective cover (3) at positions where the terminal body is interrupted. One of ordinary skill in the art would find it obvious to include a gap in the base plate portion (29) which aligns with the interrupted portion (14), forming a “C” shape.
Regarding claim 15, Fujii teaches all of the limitations of claim 5 above and further teaches that the battery post insertion hole (16) includes an interrupted portion (14) at the gap where the fastening portions exist (¶ [0052], Ln. 8-14). Fujii does not expressly teach that the lower battery post insertion hole (16), which protrudes below the base of the battery terminal body (2) forming a mounting protrusion, is formed as a pair, provided to have a phase difference of 180 degrees for coupling with the corrosion-protective cover (3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portion of the lower battery post insertion hole (16) which protrudes below the base of the battery terminal body (2) to have an additional gap across from the interrupted portion (14), such that portion of the battery post insertion hole (16) that extends below the base of the battery terminal body (2) is provided as two semi-circles. As the battery post insertion hole (16) extends above the base of the battery terminal body, an additional gap across from the interrupted portion would not impact the function of the battery post insertion hole clamping the battery post. One of ordinary skill in the art would recognize this as an obvious change in shape (MPEP 2144.04(IV)(B)). Further, one of ordinary skill in the art would be motivated to include the battery post insertion hole (16) in two parts such that it’s easier to couple with the corrosion-protective cover (3). In modifying the shape of the portion of the lower battery post insertion hole (16) which protrudes below the base of the battery terminal body (2), the mounting protrusion would be formed as a pair, provided to have a phase difference of 180 degrees.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fujii, et al. (US 2005/0064285 A1) as applied to claim 1 above in view of Tsutsumi, et al. (US 2011/0027630 A1).
Regarding claim 3, Fujii teaches all of the limitations of claim 1 above. Fujii does not expressly teach that the corrosion-protective cover (3; short prevention member) is provided as dark plated steel.
Tsutsumi teaches a battery for use in vehicles (¶ [0007], Ln. 1-2). Tsutsumi teaches that the battery includes a frame member (17), and first and second lid members (19 and 21) which cover the openings of the frame member. Tsutsumi teaches that the first and second lid members are prepared from nickel-plated steel because of its electrochemical properties (¶ [0054], Ln. 1-3). Specifically, Tsutsumi teaches that nickel-plated steel has high mechanical strength and corrosion resistance (¶ [0054], Ln. 8-14).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the corrosion-protective cover (3) of Fujii to be made from nickel-plated steel based on the teachings of Tsutsumi. One of ordinary skill in the art would find it obvious to swap out the resin of the corrosion-protective cover of Fujii for another corrosion resistant material. As Tsutsumi teaches the use of nickel plated steel on the outer surface of a battery used in a vehicle because of its mechanical strength and corrosion resistance, one of ordinary skill in the art would find it obvious to use nickel-plated steel in the corrosion-protective cover of Fujii. One of ordinary skill in the art would be motivated to modify the material in order to increase the mechanical strength and corrosion resistance.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Fujii, et al. (US 2005/0064285 A1) in view of Tsutsumi, et al. (US 2011/0027630 A1).
Regarding claims 1 and 3, Fujii teaches a battery terminal for connection to the battery post of a battery mounted on a mobile body such as an automobile (¶ [0046], Ln. 5-8). Fujii teaches that the battery terminal includes a battery terminal body (2; post terminal) with a pair of fastening portions (6), an annular portion (4 and 5), and a wire connection portion (9); and a corrosion-protective cover (3; short prevention member) (¶ [0016], Ln. 1-12; Fig. 1). As shown in Figure 1, the annular portions include battery post insertion holes (12 and 16) which compress the battery post when the fastening portions (6) are brought together by tightening a nut (20) (¶ [0072], Ln. 5-12), applying a compressing force. Fujii teaches that the corrosion-protective cover (3) has a base plate portion (29) and hook portions (30 and 31) so as to be attached to the battery terminal body only by fitting connection (detachable) (¶ [0057], Ln. 8-12). The corrosion-protective cover prevents corrosion of the battery terminal body (¶ [0002], Ln. 1-4), preventing spark generation, and is molded of a synthetic resin (¶ [0057], Ln. 1-5), having high resistance.
As indicated above, as the corrosion-protection cover has a high electrical resistance, it is interpreted as meeting the claim limitation of facilitating equalization of electric potential among the post terminal, the short-prevention member and the post of the battery, thereby preventing generation of an electrical spark. However, in light of the indefiniteness issues, in the case where the synthetic resin protective cover of Fujii is not considered to satisfy the potential equalization limitation, Tsutsumi teaches a battery for use in vehicles (¶ [0007], Ln. 1-2). Tsutsumi teaches that the battery includes a frame member (17), and first and second lid members (19 and 21) which cover the openings of the frame member. Tsutsumi teaches that the first and second lid members are prepared from nickel-plated steel because of its electrochemical properties (¶ [0054], Ln. 1-3). Specifically, Tsutsumi teaches that nickel-plated steel has high mechanical strength and corrosion resistance (¶ [0054], Ln. 8-14).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the corrosion-protective cover (3) of Fujii to be made from nickel-plated steel based on the teachings of Tsutsumi. One of ordinary skill in the art would find it obvious to swap out the resin of the corrosion-protective cover of Fujii for another corrosion resistant material. As Tsutsumi teaches the use of nickel plated steel on the outer surface of a battery used in a vehicle because of its mechanical strength and corrosion resistance, one of ordinary skill in the art would find it obvious to use nickel-plated steel in the corrosion-protective cover of Fujii. One of ordinary skill in the art would be motivated to modify the material in order to increase the mechanical strength and corrosion resistance. In using nickel-plated steel, the corrosion-protective cover would facilitate equalization of electric potential among the post terminal, the short-prevention member and the post of the battery, thereby preventing generation of an electrical spark.
Regarding claim 2, Fujii in view of Tsutsumi teaches all of the limitations of claim 1 above. As noted above, the battery is considered intended use of the battery terminal. Thus, the battery terminal of Fujii is capable of being used on a lithium battery.
Regarding claim 4, Fujii in view of Tsutsumi teaches all of the limitations of claim 1 above and Fujii further teaches, as shown in Figure 10, that the base plate portion (29) of corrosion-protective cover (3; short prevention member) is provided at the bottom surface of the battery terminal body (2; post terminal), such that it would come into contact with the battery post prior to the rest of the battery terminal body contacting the battery post.
Regarding claim 5, Fujii in view of Tsutsumi teaches all of the limitations of claim 1 above and Fujii further teaches that the upper and lower base plates include battery post insertion holes (12 and 16), which are contracted in the diameter-reducing direction when a nut (20) is tightened laterally (¶ [0072], Ln. 1-12), forming a compression portion. As shown in Figure 1, this compression portion has the shape of cylinder with an interrupted portion (14; open portion) formed on one side. Extending from the side of this compression portion is a fastening portion (6; clamping portion), including a fastening bolt (19) and nut (20), which together make up a fastening member (¶ [0054], Ln. 1-9; Fig. 1). The wire connection portion (9; fastening portion) protrudes from the side of the battery terminal body (2; post terminal) opposite the fastening portions (6) (Fig. 1). As shown in Figure 4, the lower battery post insertion hole (16) protrudes below the base of the battery terminal body (2), forming a mounting protrusion in a radial direction which connects with the receiving surface (35) of the base plate portion (29) of corrosion-protective cover (3; short prevention member) (¶ [0059], Ln. 1-6).
Regarding claim 6, Fujii in view of Tsutsumi teaches all of the limitations of claim 5 above and Fujii further teaches that the compression portion has an uneven portion including a pattern of notches along the inner circumferential surface of the battery post insertion holes (12 and 16) as shown in Figure 1.
Regarding claims 7-8, Fujii in view of Tsutsumi teaches all of the limitations of claim 6 above and Fujii further teaches that the pattern of notches includes a plurality of grooves and protrusions, as shown in Figure 1. Thus, at least one groove along the inner circumferential surfaces of the battery post insertion holes is capable of coupling with a protrusion formed on the battery post, and at least one protrusion along the inner circumferential surfaces of the battery post insertion holes is capable of coupling with a groove formed on the battery post.
Regarding claim 9, Fujii in view of Tsutsumi teaches all of the limitations of claim 5 above and Fujii further teaches, as shown in Figure 5, that the base plate portion (29) of corrosion-protective cover (3; short prevention member) includes a flat plate (29), which is in close contact with the bottom surface of the compression portion of the battery terminal body (2), and a protruding portion (35; mounting portion), which is a receiving surface for the battery post insertion hole portion (16) (¶ [0059], Ln. 1-6).
Regarding claim 10, Fujii in view of Tsutsumi teaches all of the limitations of claim 9 above. As shown in Figure 6 of Fujii, the close contact portion of the base plate portion (29) of corrosion-protective cover (3; short prevention member) includes a closed circle shape. Therefore, Fujii does not expressly teach that the close contact portion is in the shape of a “C”.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the shape of the base plate portion (29) of corrosion-protective cover (3; short prevention member) to include a break in the closed circle shape that aligns with the interrupted portion (14) of the battery post insertion holes (12 and 16). One of ordinary skill in the art would recognize that, as the purpose of the corrosion-protective cover (3) is to prevent corrosion of the of the battery terminal body, it is not necessary to include the corrosion-protective cover (3) at positions where the terminal body is interrupted. One of ordinary skill in the art would find it obvious to include a gap in the base plate portion (29) which aligns with the interrupted portion (14), forming a “C” shape.
Regarding claim 11, Fujii in view of Tsutsumi teaches all of the limitations of claim 9 above and Fujii further teaches that the flat plate portion of the base plate portion has a shape corresponding to the shape of the bottom surface of the compression portion, as shown in Figure 8A, which demonstrates the process of attaching the corrosion-protective cover to the battery terminal body (¶ [0037], Ln. 1-2).
Regarding claim 12, Fujii in view of Tsutsumi teaches all of the limitations of claim 9 above and Fujii further teaches that the protruding portion (35; mounting portion) includes a hole in which the battery post insertion hole portion (16) is inserted, as shown in Figures 9-10.
Regarding claim 13, Fujii in view of Tsutsumi teaches all of the limitations of claim 5 above and Fujii further teaches that the wire connection portion (9; fastening portion) protrudes from the side of the compression portion opposite the fastening portions (6; clamping portion) to have a phase difference of 180 degrees with the fastening portions (6), as shown in Figure 1.
Regarding claim 14, Fujii in view of Tsutsumi teaches all of the limitations of claim 13 above and Fujii further teaches that a terminal fixing bolt (10) is included in the wire connection portion (9; fastening portion), where an external connection terminal is capable of being connected (¶ [0047], Ln. 9-13).
Regarding claim 15, Fujii in view of Tsutsumi teaches all of the limitations of claim 5 above and Fujii further teaches that the battery post insertion hole (16) includes an interrupted portion (14) at the gap where the fastening portions exist (¶ [0052], Ln. 8-14). Fujii does not expressly teach that the lower battery post insertion hole (16), which protrudes below the base of the battery terminal body (2) forming a mounting protrusion, is formed as a pair, provided to have a phase difference of 180 degrees for coupling with the corrosion-protective cover (3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the portion of the lower battery post insertion hole (16) which protrudes below the base of the battery terminal body (2) to have an additional gap across from the interrupted portion (14), such that portion of the battery post insertion hole (16) that extends below the base of the battery terminal body (2) is provided as two semi-circles. As the battery post insertion hole (16) extends above the base of the battery terminal body, an additional gap across from the interrupted portion would not impact the function of the battery post insertion hole clamping the battery post. One of ordinary skill in the art would recognize this as an obvious change in shape (MPEP 2144.04(IV)(B)). Further, one of ordinary skill in the art would be motivated to include the battery post insertion hole (16) in two parts such that it’s easier to couple with the corrosion-protective cover (3). In modifying the shape of the portion of the lower battery post insertion hole (16) which protrudes below the base of the battery terminal body (2), the mounting protrusion would be formed as a pair, provided to have a phase difference of 180 degrees.
Regarding claim 16, Fujii in view of Tsutsumi teaches all of the limitations of claim 5 above and Fujii further teaches that the fastening portions (6; clamping portion) includes a fastening bolt (19) and nut (20), which together make up a fastening member (¶ [0054], Ln. 1-9; Fig. 1). The fastening bolt (19) cooperates with the nut (20) to fasten the fastening portions (6) toward each other, reducing the diameter of the battery post insertion holes (12 and 16) (¶ [0054], Ln. 1-9). Thus, the inner surfaces of the battery post insertion holes (12 and 16) are brought into press-contact with the peripheral surface of the battery post to mount the battery terminal (¶ [0072], Ln. 7-12).
Response to Arguments
Response-Claim Rejections – 35 U.S.C. 112
In light of the Applicant’s amendments to claim 2, the previous rejection of claim 2 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention has been withdrawn. However, in light of the amendments to the claims, new issues under 35 U.S.C. 112(b) are presented in the office action above.
Response-Claim Rejections – 35 U.S.C. 102 and 103
In light of the Applicant’s amendments to claim 1 in the response filed August 5, 2026, the previous rejection of claim 1 under 35 U.S.C. 102(a)(1) and 102(a)(2) over Fujii, et al. (US 2005/0064285 A1) has been modified above. Applicant's arguments filed August 5, 2026 have been fully considered but they are not persuasive.
The Applicant argues that because Fujii teaches a corrosion-protection cover made from a synthetic resin, it does not meet the claim limitations. This argument is not persuasive. Claim 1 requires a short-prevention member having a high electrical resistance. Fujii teaches a corrosion-protective cover (short-prevention member) that prevents corrosion of the battery terminal body (¶ [0002], Ln. 1-4), preventing spark generation, and is molded of a synthetic resin (¶ [0057], Ln. 1-5). Thus, the corrosion-protective cover has high electrical resistance. The Applicant argues that current cannot flow through the corrosion-prevention cover of Fujii and that this contrasts the short-prevention member of the instant application, however, paragraph [0053] of the instant specification discloses that because the post and the post terminal are directly connected, current conduction does not pass through the short-prevention member. Thus, it is not clear how the function of short-prevention member of the instant application differs from the corrosion-protective cover of Fujii. As both are high-resistance components located at the bottom surface of the terminal, one of ordinary skill in the art would expect both to function the same way.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH J JACOBSON whose telephone number is (703)756-1647. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm.
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785
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