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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-9, 12-21, and 24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,747,377, hereinafter referred to as the Example reference. Although the claims at issue are not identical, they are not patentably distinct from each other because the parent claim anticipates claims 1 and 13 of the instant application.
Instant claim 1 teaches, “generating at least one excitation voltage, applying the excitation voltage signal to a power supply, measuring a response signal of the power supply, comparing a shape and height of the excitation voltage signal with a corresponding shape and height of the response signal, determining an ohmic signal portion, and determining the system resistance of the power supply from the ohmic signal portion.” Claim 1 of the Example reference teaches “generating at least one excitation voltage signal, applying the excitation voltage signal to a power supply, measuring a response signal of the power supply, comparing a shape and height of the excitation voltage signal with a corresponding shape and height of the response signal, determining an ohmic signal portion, and determining the system resistance of the power supply from the ohmic signal portion.” The scope of claim 1 of the Example reference fully encompasses the scope of claim 1 of the Instant Application. Meaning that the Instant Application does not define a patentably distinct invention from that claimed in the Example reference.
Regarding claim 2, the instant application is anticipated by claim 2 of the Example reference.
Regarding claim 3, the instant application is anticipated by claim 3 of the Example reference.
Regarding claim 4, the instant application is anticipated by claim 4 of the Example reference.
Regarding claim 5, the instant application is anticipated by claim 5 of the Example reference.
Regarding claim 6, the instant application is anticipated by claim 6 of the Example reference.
Regarding claim 7, the instant application is anticipated by claim 7 of the Example reference.
Regarding claim 8, the instant application is anticipated by claim 8 of the Example reference.
Regarding claim 9, the instant application is anticipated by claim 9 of the Example reference.
Regarding claim 12, the instant application is anticipated by claim 1 of the Example reference.
Further, Instant claim 13 teaches, “at least one power supply, at least one reference resistor having a predetermined or pre-defined resistance, at least one signal generator device adapted to generate at least one excitation voltage signal, at least one measurement unit adapted to measure at least one response signal, at least one evaluation device adapted to compare a shape and height of the excitation voltage signal with a corresponding shape and height of the at least one response signal, determine an ohmic signal portion, and determine a system resistance of the power supply from the ohmic signal portion.” Claim 10 of the Example reference teaches, “at least one power supply, at least one reference resistor having a predetermined or pre-defined reference resistance, at least one signal generator device adapted to generate at least one excitation voltage signal, at least one measurement unit adapted to measure at least one response signal at the reference node, at least one evaluation device adapted to compare a shape and height of the excitation voltage signal with a corresponding shape and height of the at least one response signal, determine an ohmic signal portion, and determine a system resistance of the power supply from the ohmic signal portion. The scope of claim 10 of the Example reference fully encompasses the scope of claim 13 of the Instant Application. Meaning that the Instant Application does not define a patentably distinct invention from that claimed in the Example reference.
Regarding claim 14, the instant application is anticipated by claim 11 of the Example reference.
Regarding claim 15, the instant application is anticipated by claim 12 of the Example reference.
Regarding claim 16, the instant application is anticipated by claim 13 of the Example reference.
Regarding claim 17, the instant application is anticipated by claim 14 of the Example reference.
Regarding claim 18, the instant application is anticipated by claim 15 of the Example reference.
Regarding claim 19, the instant application is anticipated by claim 16 of the Example reference.
Regarding claim 20, the instant application is anticipated by claim 17 of the Example reference.
Regarding claim 21, the instant application is anticipated by claim 18 of the Example reference.
Regarding claim 24, the instant application is anticipated by claim 10 of the Example reference.
Allowable Subject Matter
Claims 10-11 and 22-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 2004/0128089 A1 to Barsoukov et al. relates to circuit and method for determining battery impedance increase with aging.
US 2006/0001429 A1 to Huang relates to a method of monitoring motor vehicle’s electric power by comparing internal resistance of battery with a predeterminated warning resistance thereof and apparatus thereof.
US 2012/0100601 A1 to Simmons et al. relates to analyte measurement devices and systems, and components and methods related thereto.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC S. VON WALD whose telephone number is (571)272-7116. The examiner can normally be reached Monday - Friday 7:30 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached at (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.S.V./Examiner, Art Unit 2857
/Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857