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 .
Election/Restrictions
Applicant’s election without traverse of Species of Figs. 2a,2b and 3 (claims 1-7) in the reply filed on 01/28/2026 is acknowledged.
Claims 8-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/28/2026.
Claims 1-7 are now pending in the application for prosecution in a first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 03/13/2024 has been considered and placed of record. 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 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 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patents No. 10,797,493, 11,444,470 and 11,962,176. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of the present application are rearranged in a different order and are broader in scope than claims 1-6 of the ‘493,’470 and ‘176 patents.
Instant Application
18/599,527
USPAT 10,797,493
USPAT 11,444,470
USPAT 11,962,176
Claim 1: A battery, wherein the battery comprises a battery charging port, a battery discharging port, a protection integrated circuit, a control switch, and an electrochemical cell, wherein: the battery charging port and the battery discharging port are ports independent of each other; the battery charging port is connected to a first electrode of the electrochemical cell, wherein a second electrode of the electrochemical cell is connected to a first end of the control switch; the protection integrated circuit is connected to a third end of the control switch; the battery discharging port is connected to the first electrode of the electrochemical cell; and the battery charging port is connected by using a charging connection cable and the battery discharging port is connected by using a discharging connection cable, wherein the charging connection cable is of a higher specification than that of the discharging connection cable, and wherein the charging connection cable of the charging path is comparatively wider or thicker than the discharging connection cable of a discharging path to provide reduced cable impedance.
Claim 1: A battery, wherein the battery comprises a battery charging port, a battery discharging port, a battery negative port, an overcurrent protection element, a protection integrated circuit, a control switch, and an electrochemical cell, wherein the battery charging port and the battery discharging port are ports independent of each other; wherein the battery charging port is connected to a positive electrode of the electrochemical cell, wherein a negative electrode of the electrochemical cell is connected to a first end of the control switch, and wherein a second end of the control switch is connected to the battery negative port; wherein the protection integrated circuit is connected in parallel to the positive electrode and the negative electrode of the electrochemical cell, and the protection integrated circuit is further connected to a third end of the control switch; and wherein the battery discharging port is connected to a first end of the overcurrent protection element, and wherein a second end of the overcurrent protection element is connected to the positive electrode of the electrochemical cell.
Claim 1: A battery, wherein the battery comprises a battery charging port, a battery discharging port, a battery negative port, a protection integrated circuit, a control switch, and an electrochemical cell, wherein: the battery charging port and the battery discharging port are ports independent of each other; the battery charging port is connected to a first electrode of the electrochemical cell, wherein a second electrode of the electrochemical cell is connected to a first end of the control switch, and wherein a second end of the control switch is connected to the battery negative port; the protection integrated circuit is connected in parallel to electrodes of the electrochemical cell, wherein the protection integrated circuit is further connected to a third end of the control switch; the battery discharging port is connected to the first electrode of the electrochemical cell; and the battery charging port is connected by using a charging connection cable and the battery discharging port is connected by using a discharging connection cable, wherein the charging connection cable is of a higher specification than that of the discharging connection cable, and wherein the charging connection cable of a charging path is comparatively wider or thicker than the discharging connection cable of a discharging path to provide reduced cable impedance.
Claim 1: A device, wherein the device comprises a battery, wherein the battery comprises a battery charging port, a battery discharging port, a battery negative port, a protection integrated circuit, a control switch, and an electrochemical cell, and wherein: the battery charging port and the battery discharging port are ports independent of each other; the battery charging port is connected to a first electrode of the electrochemical cell, wherein a second electrode of the electrochemical cell is connected to a first end of the control switch, and wherein a second end of the control switch is connected to the battery negative port; the protection integrated circuit is connected in parallel to electrodes of the electrochemical cell, wherein the protection integrated circuit is further connected to a third end of the control switch; the battery discharging port is connected to the first electrode of the electrochemical cell; and the battery charging port is connected by using a charging connection cable and the battery discharging port is connected by using a discharging connection cable, wherein the charging connection cable is of a higher specification than that of the discharging connection cable, and wherein the charging connection cable of a charging path is comparatively wider or thicker than the discharging connection cable of a discharging path to provide reduced cable impedance.
Claim 2: The battery according to claim 1, wherein the battery comprises a battery negative port, and wherein a second end of the control switch is connected to the battery negative port.
See bold and underlined limitations above in claim 1.
See bold and underlined limitations above in claim 1.
See bold and underlined limitations above in claim 1.
Claim 3: The battery according to claim 1, wherein a filter circuit is further connected between the protection integrated circuit and the electrochemical cell; the protection integrated circuit comprises a positive power source input terminal and a negative power source input terminal; and the filter circuit comprises a first resistor and a capacitor, wherein: a first end of the first resistor is connected to the positive electrode of the electrochemical cell, a second end of the first resistor is connected to a first end of the capacitor, and a second end of the capacitor is connected to the negative electrode of the electrochemical cell; and the positive power source input terminal is connected to the first end of the capacitor, and the negative power source input terminal is connected to the second end of the capacitor.
Claim 2: The battery according to claim 1, wherein a filter circuit is further connected between the protection integrated circuit and the electrochemical cell; wherein the protection integrated circuit comprises a positive power source input terminal and a negative power source input terminal; and wherein the filter circuit comprises a first resistor and a capacitor, wherein a first end of the first resistor is connected to the positive electrode of the electrochemical cell, wherein a second end of the first resistor is connected to a first end of the capacitor, and wherein a second end of the capacitor is connected to the negative electrode of the electrochemical cell; and wherein the positive power source input terminal is connected to the first end of the capacitor, and wherein the negative power source input terminal is connected to the second end of the capacitor.
Claim 2: The battery according to claim 1, wherein a filter circuit is further connected between the protection integrated circuit and the electrochemical cell; wherein the protection integrated circuit comprises a positive power source input terminal and a negative power source input terminal; and wherein the filter circuit comprises a first resistor and a capacitor, and wherein: a first end of the first resistor is connected to a positive electrode of the electrochemical cell, wherein a second end of the first resistor is connected to a first end of the capacitor, and wherein a second end of the capacitor is connected to a negative electrode of the electrochemical cell; and the positive power source input terminal is connected to the first end of the capacitor, wherein the negative power source input terminal is connected to the second end of the capacitor.
Claim 2: The device according to claim 1, wherein a filter circuit is further connected between the protection integrated circuit and the electrochemical cell; wherein the protection integrated circuit comprises a positive power source input terminal and a negative power source input terminal; and wherein the filter circuit comprises a first resistor and a capacitor, and wherein: a first end of the first resistor is connected to a positive electrode of the electrochemical cell, wherein a second end of the first resistor is connected to a first end of the capacitor, and wherein a second end of the capacitor is connected to a negative electrode of the electrochemical cell; and the positive power source input terminal is connected to the first end of the capacitor, wherein the negative power source input terminal is connected to the second end of the capacitor.
Claim 4: The battery according to claim 1, wherein the battery comprises a battery negative port, and wherein: the control switch comprises a first metal-oxide semiconductor field-effect transistor (MOS) transistor and a second MOS transistor; and the protection integrated circuit comprises a charging control terminal and a discharging control terminal, wherein; a first end of the first MOS transistor is connected to the negative electrode of the electrochemical cell, a second end of the first MOS transistor is connected to a first end of the second MOS transistor, and a third end of the first MOS transistor is connected to the charging control terminal; and a second end of the second MOS transistor is connected to the battery negative port, and a third end of the second MOS transistor is connected to the discharging control terminal.
Claim 3: The battery according to claim 1, wherein: the control switch comprises a first metal-oxide semiconductor field-effect transistor MOS transistor and a second MOS transistor; and the protection integrated circuit comprises a charging control terminal and a discharging control terminal, wherein: a first end of the first MOS transistor is connected to the negative electrode of the electrochemical cell, a second end of the first MOS transistor is connected to a first end of the second MOS transistor, and a third end of the first MOS transistor is connected to the charging control terminal; and a second end of the second MOS transistor is connected to the battery negative port, and a third end of the second MOS transistor is connected to the discharging control terminal.
Claim 3: The battery according to claim 2, wherein: the control switch comprises a first metal-oxide semiconductor field-effect transistor (MOS transistor) and a second MOS transistor; and the protection integrated circuit comprises a charging control terminal and a discharging control terminal, wherein: a first end of the first MOS transistor is connected to the negative electrode of the electrochemical cell, wherein a second end of the first MOS transistor is connected to a first end of the second MOS transistor, and wherein a third end of the first MOS transistor is connected to the charging control terminal; and a second end of the second MOS transistor is connected to the battery negative port, wherein a third end of the second MOS transistor is connected to the discharging control terminal.
Claim 3: The device according to claim 2, wherein: the control switch comprises a first metal-oxide semiconductor field-effect transistor (MOS transistor) and a second MOS transistor; and the protection integrated circuit comprises a charging control terminal and a discharging control terminal, wherein: a first end of the first MOS transistor is connected to the negative electrode of the electrochemical cell, wherein a second end of the first MOS transistor is connected to a first end of the second MOS transistor, and wherein a third end of the first MOS transistor is connected to the charging control terminal; and a second end of the second MOS transistor is connected to the battery negative port, wherein a third end of the second MOS transistor is connected to the discharging control terminal.
Claim 5: The battery according to claim 1, wherein, when the battery is in a charging state: the protection integrated circuit is configured to:detect a current value of a charging current and a voltage value of a charging voltage; and when the current value is less than a first current threshold and the voltage value is less than a first voltage threshold, send a turn-on instruction to the control switch; or when the current value is greater than a first current threshold or the voltage value is greater than a first voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to: when receiving the turn-on instruction sent by the protection integrated circuit, perform switch turning-on to enable the charging current to flow to the electrochemical cell; or when receiving the turn-off instruction sent by the protection integrated circuit, perform switch turning-off to cut off a charging path.
Claim 4: The battery according to claim 1, wherein, when the battery is in a charging state: the protection integrated circuit is configured to: detect a current value of a charging current and a voltage value of a charging voltage; and when the current value is less than a first current threshold and the voltage value is less than a first voltage threshold, send a turn-on instruction to the control switch; or when the current value is greater than a first current threshold or the voltage value is greater than a first voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to: when receiving the turn-on instruction sent by the protection integrated circuit, perform switch turning-on to enable the charging current to flow to the electrochemical cell; or when receiving the turn-off instruction sent by the protection integrated circuit, perform switch turning-off to cut off a charging path.
Claim 4: The battery according to claim 1, wherein: when the battery is in a charging state, the protection integrated circuit is configured to: detect a current value of a charging current and a voltage value of a charging voltage; and when the current value is less than a first current threshold and the voltage value is less than a first voltage threshold, send a turn-on instruction to the control switch; or when the current value is greater than a first current threshold or the voltage value is greater than a first voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to: when receiving the turn-on instruction sent by the protection integrated circuit, perform switch turning-on to enable the charging current to flow to the electrochemical cell; or when receiving the turn-off instruction sent by the protection integrated circuit, perform switch turning-off to cut off a charging path.
Claim 4: The device according to claim 1, wherein: when the battery is in a charging state: the protection integrated circuit is configured to: detect a current value of a charging current and a voltage value of a charging voltage; and when the current value is less than a first current threshold and the voltage value is less than a first voltage threshold, send a turn-on instruction to the control switch; or when the current value is greater than a first current threshold or the voltage value is greater than a first voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to: when receiving the turn-on instruction sent by the protection integrated circuit, perform switch turning-on to enable the charging current to flow to the electrochemical cell; or when receiving the turn-off instruction sent by the protection integrated circuit, perform switch turning-off to cut off a charging path.
Claim 6: The battery according to claim 1, wherein, when the battery is in a discharging state: the protection integrated circuit is configured to: detect a current value of a discharging current and a voltage value of a discharging voltage; and when the current value is greater than a second current threshold or the voltage value is greater than a second voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to:when receiving the turn-off instruction sent by the protection integrated circuit, turn off the switch to cut off a discharging path.
Claim 5: The battery according to claim 1, wherein, when the battery is in a discharging state: the protection integrated circuit is configured to: detect a current value of a discharging current and a voltage value of a discharging voltage; and when the current value is greater than a second current threshold or the voltage value is greater than a second voltage threshold, send a turn-off instruction to the control switch; the control switch is configured to: when receiving the turn-off instruction sent by the protection integrated circuit, turn off the switch to cut off a discharging path; and the overcurrent protection element is configured to: detect whether the current value of the discharging current exceeds a third current threshold; and when the current value of the discharging current exceeds the third current threshold, cut off the discharging path.
Claim 5: The battery according to claim 1, wherein: when the battery is in a discharging state, the protection integrated circuit is configured to: detect a current value of a discharging current and a voltage value of a discharging voltage; and when the current value is greater than a second current threshold or the voltage value is smaller than a second voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to: when receiving the turn-off instruction sent by the protection integrated circuit, turn off the control switch to cut off a discharging path.
Claim 5: The device according to claim 1, wherein: when the battery is in a discharging state: the protection integrated circuit is configured to: detect a current value of a discharging current and a voltage value of a discharging voltage; and when the current value is greater than a second current threshold or the voltage value is smaller than a second voltage threshold, send a turn-off instruction to the control switch; and the control switch is configured to: when receiving the turn-off instruction sent by the protection integrated circuit, turn off the control switch to cut off a discharging path.
Claim 7: The battery according to claim 1, wherein: the battery comprises a battery negative port; the protection integrated circuit further comprises a current detection terminal; and the current detection terminal is connected to the battery negative port by using a second resistor.
Claim 6: The battery according to claim 1, wherein the protection integrated circuit further comprises a current detection terminal; and wherein the current detection terminal is connected to the battery negative port by using a second resistor.
Claim 6: The battery according to claim 1, wherein the protection integrated circuit further comprises a current detection terminal, and wherein the current detection terminal is connected to the battery negative port by using a second resistor.
Claim 6: The device according to claim 1, wherein the protection integrated circuit further comprises a current detection terminal, and wherein the current detection terminal is connected to the battery negative port by using a second resistor.
The claims 1-6 of the ‘470 and the ‘126 patents are narrower in scope than claims 1-7 of the instant application and thus are anticipated.
As for the ‘493, the terms “positive electrode” and respectively “negative electrode” can be unequivocally interpreted or alternatively called “first electrode” and respectively “second electrode” since the structure in question is a battery. Therefore, because all the elements of the application claims are to be found in the patent claims, i.e claims 1-6 of the ‘493, ‘470 and ‘126 patents (as the application claim fully encompasses patent claims). The difference between the application claims and the patent claims lies in the fact that the patent claim includes more elements and is thus more specific. Thus the invention of the claims of the patent is in effect a “species” of the “generic” invention of the application claims. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993). Since the application claims are anticipated by the claims of the patent, it is not patentably distinct from the claims of the patent.
Claims 1-7 are provisionally allowed subjected to a timely filed and approved terminal disclaimer over claims 1-6 of USPATs 10,797,493, 11,444,470 and 11,962,176.
Reasons for allowance were already given in parents applications 16/935,828 now USPAT 11,444,470, parent application 16/359,061 now USPAT 10,797,493 and parent application 17/880,288 now USPAT 11,962,176 since the claims are similar to one another.
None of the prior art of record either taken alone or in combination discloses or reasonably suggests, among other patentable features, “…the battery discharging port is connected to the first electrode of the electrochemical cell; and the battery charging port is connected by using a charging connection cable and the battery discharging port is connected by using a discharging connection cable, wherein the charging connection cable is of a higher specification than that of the discharging connection cable, and wherein the charging connection cable of the charging path is comparatively wider or thicker than the discharging connection cable of a discharging path to provide reduced cable impedance”.
The aforementioned limitations in combination with all remaining limitations of the respective claims are believed to render the aforementioned indicated claim and any dependent claims thereof patentable over the art of record.
Citation of Prior art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2017148123 to Zhou Yanfei discloses a battery protecting device and power
assembly.
US 2018/0006475 to Huang et al., (Huang) discloses a battery and electronic device
thereof.
KR 20150107032 to Choi Sung Soo discloses a battery pack.
KR 20070044544 to Kim Sung Eun discloses a battery protection circuit module of
hybrid chip type.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M'BAYE DIAO whose telephone number is (571)272-6127. The examiner can normally be reached M-F; 10:00AM-6:30PM and OFF most of the time Friday when working IFP.
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, TAELOR KIM can be reached at 571-270-7166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
M'BAYE DIAO
Primary Examiner
Art Unit 2859
/M BAYE DIAO/Primary Examiner, Art Unit 2859 March 2, 2026