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 .
Claim Status
Claims 1-8 are currently pending and are presented for examination on the merits.
Priority
Applicant's claim for the benefit of Japanese patent application JP2021-141992 filed 8/31/2021 under 35 U.S.C. 119(a-d) is acknowledged; however, the English language translation along with certified statement of accuracy is not found in the record.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/20/2024, and 2/27/2024 were filed before the filing of a first office action on the merits. As such, the submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Objections
Drawings
FIGS. 11, 12, 14, 15 are objected to for having text orientated in both landscape and portrait.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
Double Patenting
Claims 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. application no. 18/427,422. Although the claims at issue are not identical, they are not patentably distinct from one another. Claim 1 of both applications for example, read upon each other. The dependent instant claims recite narrower claims than claim 1 of the ‘422 application, which is anticipated by instant Claim 1. As such, the instant claims are obvious in light of the ‘422 claims.
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 reLongi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Omum, 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 §§ 706.02(1)(1) - 706.02(1)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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 e-Terminal 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/process/file/efs/guidance/eTD-info-I.jsp.
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.
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 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.
Claims 1-8 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US 2013/0300370 to Hotta.
With respect to Claim 1, Hotta teaches a power supply apparatus (FIGS. 1-14) comprising: secondary battery units coupled in parallel to each other (FIGS. 1-14; [0032]); and a controller that controls discharging of the secondary battery units (Abstract;[0032]), wherein the secondary battery units each include secondary batteries ([0032], and a switching unit that switches coupling of the secondary batteries ([0032]), and the controller switches coupling between a first secondary battery and each of one or more second secondary batteries from parallel coupling to series coupling ([0054], “electrically disconnected” then charged in parallel, then connected in series to discharge) by controlling the switching unit ([0021];[0032];FIGS. 8-14), the first secondary battery being any one of the secondary batteries, the one or more second secondary batteries being one or more of the secondary batteries other than the first secondary battery ([0021];[0032];FIGS. 8-14).
With respect to Claim 2, Hotta teaches wherein the secondary battery units each further include sensors (“voltage measurement devices” 12) that each detect a current flowing through corresponding one of the secondary batteries or a physical quantity having a predetermined correlation with the current ([0006], detect throughout; [0033], control circuit measures voltage to determine OCV’s), and the controller switches the coupling between the first secondary battery and each of the one or more second secondary batteries from the parallel coupling to the series coupling by controlling the switching unit based on a detection result obtained from each of the sensors ([0039];[0053];FIGS. 8-14).
With respect to Claim 3, Hotta teaches wherein, when determining that a short circuit has occurred in the first secondary battery based on the detection result obtained from corresponding one of the sensors, the controller switches the coupling between the first secondary battery and each of the one or more second secondary batteries from the parallel coupling to the series coupling by controlling the switching unit ([0039];[0032]).
With respect to Claim 4, Hotta teaches wherein, by controlling the switching unit, the controller switches the coupling between the first secondary battery and each of the one or more second secondary batteries from the parallel coupling to the series coupling, and thereafter separates the first secondary battery from a current path of each of the one or more second secondary batteries ([0054], “electrically disconnected” then charged in parallel, then connected in series to discharge).
With respect to Claim 5, Hotta teaches wherein, when determining that a direction of a current flowing through the first secondary battery is reversed, based on the detection result obtained from the corresponding one of the sensors, the controller separates the first secondary battery from a current path of each of the one or more second secondary batteries by controlling the switching unit. (going from charging to discharging teaches reversing the current flow; [0054])
With respect to Claim 6, Hotta teaches wherein the switching unit includes transistors ([0032], MOSFET).
With respect to Claim 7, Hotta teaches wherein the switching unit includes first to fourth transistors for each of the secondary batteries ([0032]), and further includes a fifth transistor provided in common to the secondary batteries (FIG. 1), a drain of the first transistor and a source of the second transistor are coupled to each other (FIG. 1; [0032], MOSFET teaches a drain), and a coupling point of the drain of the first transistor and the source of the second transistor is coupled to a positive electrode of corresponding one of the secondary batteries, a source of the first transistor is coupled to a source of the first transistor provided for another one of the secondary batteries and to a source of the fifth transistor, a drain of the second transistor is coupled to a drain of the second transistor provided for the other one of the secondary batteries and to a drain of the fifth transistor, a drain of the third transistor and a source of the fourth transistor are coupled to each other, and a coupling point of the drain of the third transistor and the source of the fourth transistor is coupled to a negative electrode of the corresponding one of the secondary batteries, a source of the third transistor is coupled to a source of the third transistor provided for the other one of the secondary batteries, and a drain of the fourth transistor is coupled to a drain of the fourth transistor provided for the other one of the secondary batteries and to the source of the fifth transistor (FIGS. 1-4, and 6-14).
With respect to Claim 8, Hotta teaches wherein a drain of the fifth transistor is coupled to a drain of the fifth transistor provided for another one of the secondary battery units, and the source of the third transistor is coupled to a source of the third transistor provided for the other one of the secondary battery units (FIGS. 1-4, and 6-14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J JACOB whose telephone number is (571)270-3082. The examiner can normally be reached on M-F 8:00-5:00, alternating Fri. off.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Gart can be reached on 5712723955. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM J JACOB/ Examiner, Art Unit 3696
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