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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 2-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No.11,862,894. Although the claims at issue are not identical, they are not patentably distinct from each other because: the claims of present case define obvious variant of the parent case claims with only minor difference in wording.
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.
Claims 2-19 are rejected under 35 U.S.C. 102(a, 1) as being anticipated by de Chazal (U. S. Patent 10396486)
Regarding claim 2, de Chazal, see figures 1-3B, discloses an energy storage module cap 102 comprising: a plate 104; a power output terminal 106a about which the plate 104 is molded; an electromechanical connector about which the plate 104 is molded (see column 5, lines 5-7); an auxiliary pin 106b about which the electromechanical connector is molded; and a gasket 136 disposed on the plate 104.
Regarding claim 3, de Chazal, see figures 1-3B, discloses comprising a plurality of power output terminals 106a.
Regarding claim 4, de Chazal, see figures 1-3B discloses comprising a plurality of auxiliary pins 106b.
Regarding claim 5, de Chazal, see figures 1-3B discloses the plurality of auxiliary pins 106b comprises one or more signal pins (see column 5, lines 30-35), one or more sensor pins, or one or more current carrying pins.
Regarding claim 6, de Chazal, see figures 1-3B, discloses further comprising one or more holes 122 for fasteners.
Regarding claim 7, de Chazal, see figures 1-3B discloses further comprising one or more spacers (inside element 104).
Regarding claim 8, de Chazal, see figures 1-3B discloses further comprising at least one nut- gasket 136 assembly to engage fasteners through one or more holes 122.
Regarding claim 9, de Chazal, see figures 1-3B, discloses the gasket 136 is overmolded onto the plate 104.
Regarding claim 10, de Chazal, see figures 1-3B, discloses the gasket 136 is adhered in place.
Regarding claim 11, de Chazal, see figures 1-3B, discloses the gasket 136 is dispensed in place.
Regarding claim 12, de Chazal, see figures 1-3B, discloses the gasket 136 comprises a crosslinked or vulcanized polymer.
Regarding claim 13, de Chazal, see figures 1-3B discloses the electromechanical connector comprises a flange 118.
Regarding claim 14, de Chazal, see figures 1-3B, discloses the flange 118 is tapered.
Regarding claim 15, de Chazal, see figures 1-3B, discloses the flange 118 comprises one or more pass-through openings.
Regarding claim 16, de Chazal, see figures 1-3B, discloses a pass-through opening is chamfered.
Regarding claim 17, de Chazal, see figures 1-3B, discloses the electromechanical connector is insert molded over the auxiliary pin 106b.
Regarding claim 18, de Chazal, see figures 1-3B, discloses the auxiliary pin 106b comprises one or more grooves.
Regarding claim 19, de Chazal, see figures 1-3B, discloses the auxiliary pin 106b comprises a retention opening.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG K DINH whose telephone number is (571)272-2090. The examiner can normally be reached M-F from 8:30 am - 5:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Riyami A Abdullah can be reached at 571-270-3119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG K DINH/Primary Examiner, Art Unit 2831
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