DETAILED ACTION
This is a first action on the merits, in response to the claims received 8/28/2023. Claims 1-4 are pending for prosecution below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS)(s) file have been considered by the examiner. An initialed copy is attached herewith.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1-5 of Application # 18,456,891. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims in the instant are substantially identical to the claims are similar subject matter within claim(s) 1-4 of Application # 18,456,891 contain(s) every element of claim(s) 1-4 of the instant application and as such anticipates (s) claim(s) 1-4 of the instant application .
Claim Rejections - 35 USC § 102
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, and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin et al, (USNO.2016/0054390).
As for claim 1, Lin and shows in Fig. 1 a battery management system, comprising: an acquisition section that acquires, in a case where a charging current flowing from a charger to a battery is measured by a current measurement device (via current sensor), a measurement value measured by the current measurement device;
a current value calculation section that calculates a current value of the charging current based on a known value of a current flowing from the charger; and
a correction section (ref’s current correction module) that corrects an offset in the current measurement device based on the current value having been calculated and the measurement value (par.[0018-0028,0032-0033]).
As for claim 3, Lin and shows in Fig. 1 the current value calculation section further calculates the current value based on a known value of a current flowing from the charger to an auxiliary machine.
As for claim 4, Lin and shows in Fig. 1 battery and the auxiliary machine (within electrified powertrain) which are mounted in the vehicle; and the battery management system according to claim 3.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN C WILLIAMS whose telephone number is (571)272-9765. The examiner can normally be reached on M-F 9 a.m. - 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached on 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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/ARUN C WILLIAMS/ Primary Examiner, Art Unit 2859
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