DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 further limits “the positive wiring post” (singular) and “the negative wiring post” (singular). Claim 2, from which claim 3 depends, requires “two positive wiring posts” and “two negative wiring posts”, and thus it is unclear which positive wiring post and negative wiring post is further limited in claim 3, or if claim 3 further limits both positive wiring posts and both negative wiring posts. For the purposes of examination, claim 3 will be understood to limit both positive wiring posts and both negative wiring posts.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Published Application US20100055544A1, hereafter Chen.
Regarding claim 1, Chen discloses a power battery ([0024] lead-acid cell), comprising:
a body ([0024] top cover 1 and casing 2);
a wiring assembly comprising two groups of wiring piles respectively arranged at two sides of the body (Fig 1, [0025] four electrode terminal posts 11, the examiner notes that collectively, these form the wiring assembly, which appears to be in line with the present specification’s interpretation of “wiring assembly” in [0037], where the wiring assembly does not include wires and is comprised of the wiring piles which comprise the wiring posts), wherein the two groups of wiring piles are symmetrically arranged with respect to a central axis of the body (Fig 1, electrode terminal posts 11 arranged symmetrically), and each of the two groups of wiring piles comprises a positive wiring post and a negative wiring post ([0025] four electrode terminal posts include two positive electrode terminal posts 11 and two negative electrode terminal posts 11).
Regarding claim 2, Chen discloses wherein the body comprises a cathode tab and an anode tab ([0026] copper elements 12), the two positive wiring posts (11) are electrically connected with the cathode tab (12) ([0026] every two electrode terminal posts 11 and a copper element 12 form an integral construction), and the two negative wiring posts (11) are electrically connected with the anode tab (12) ([0026] every two electrode terminal posts 11 and a copper element 12 form an integral construction).
Regarding claim 3, Chen discloses wherein the positive wiring post (11) and the negative wiring post (11) are respectively arranged at two ends of the body (Fig 1, Fig 5).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4, 6-7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20100055544A1, hereafter Chen, as stated above for claim 1, in view of Published Application US20180076437A1, hereafter Goldschmidt, and further in view of Published Application US20200168879A1, hereafter Kim.
Regarding claim 4, Chen is silent on wherein the wiring assembly further comprises a positive bolted cap adapted to be used exclusively with the positive wiring post and a negative bolted cap adapted to be used exclusively with the negative wiring post.
In the analogous art of secondary battery terminals, Goldschmidt discloses wherein the positive and negative terminal posts have different relative sizes ([0040] battery terminal posts have different relative sizes).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select different relative diameters of the positive posts and negative posts, as disclosed by Goldschmidt, in order to reduce the likelihood of connecting a terminal connector to the incorrect terminal, since the difference in terminal size would aid in making it clear which connector should be connected to which terminal. Further, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04 (IV) (A)).
In the analogous art of secondary battery terminals, Kim discloses wherein the wiring assembly further comprises a positive bolted cap adapted to be used with the positive wiring post and a negative bolted cap adapted to be used with the negative wiring post (Fig 2, [0161] insulation cap 180 with lower cap 182 formed to surround the outer surface of terminal bolt 131 such that the bolt provides electrical insulation from external matter).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Chen to use insulated bolted caps for each terminal as disclosed by Kim in order to provide electrical insulation from external matter, as suggested by Kim, and to further aid in the prevention of undesirable incorrect electrical connections.
The examiner notes that as a result of this modification of Chen, the added insulation caps would have been adapted to be exclusively used with their respective positive and negative wiring posts, due to the differences in post size, as required by the claim.
Regarding claim 6, Goldschmidt discloses wherein the positive bolted cap and the negative bolted cap differ in size ([0040] battery terminal posts have different relative sizes).
Regarding claim 7, modified Chen further discloses wherein each of the two groups of wiring piles further comprises a positive wiring hole and a negative wiring hole fixedly provided on the surface of the body (Chen Fig 8, wiring holes in copper element disposed in top cover), wherein the positive wiring post is adapted to be used exclusively with the positive wiring hole and the negative wiring post is adapted to be used exclusively with the negative wiring hole (Goldschmidt [0040] battery terminal posts have different relative sizes), the positive bolted cap is provided with a first via through which only a tail end of the positive wiring post passes (Kim Fig 9, lower cap has bottom of bolt through narrower channel in cap than bolt head); and the negative bolted cap is provided with a second via through which only a tail end of the negative wiring post passes (Kim Fig 9, lower cap has bottom of bolt through narrower channel in cap than bolt head).
Regarding claim 9, Chen discloses wherein the surface of the positive wiring post is provided with a third external thread (Fig 2, electrode terminal posts 11 have external threads), the positive wiring hole is provided with a third internal thread adapted to the third external thread (Fig 2, electrode terminal posts 11 assembled in cavity with matching internal threads); the surface of the negative wiring post is provided with a fourth external thread (Fig 2, electrode terminal posts 11 have external threads), and the negative wiring hole is provided with a fourth internal thread adapted to the fourth external thread (Fig 2, electrode terminal posts 11 assembled in cavity with matching internal threads).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20100055544A1, hereafter Chen, in view of Published Application US20180076437A1, hereafter Goldschmidt, and further in view of Published Application US20200168879A1, hereafter Kim, as stated above for claim 4, and further in view of Foreign Publication DE102018208204A1, hereafter Stadtler.
Regarding claim 5, Chen discloses the positive wiring post is provided with a first external thread, and the negative wiring post is provided with a second external thread (Fig 2, threaded post 11).
Chen is silent on wherein the positive bolted cap is provided with a first internal thread, the first external thread is adapted to the first internal thread, the negative bolted cap is provided with a second internal thread, and the second external thread adapted to the second internal thread.
In the analogous art of secondary battery terminals, Stadtler discloses wherein the positive bolted cap is provided with a first internal thread, the first external thread is adapted to the first internal thread ([0001] protective cap with threaded nut screwed onto threaded stud), the negative bolted cap is provided with a second internal thread, and the second external thread adapted to the second internal thread ([0001] protective cap with threaded nut screwed onto threaded stud).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Chen to include threads on the inside of the positive and negative bolted caps as disclosed by Stadtler as another known method of attaching the caps to the terminal posts which would yield the expected result of the caps being secured to their respective terminal posts (see MPEP 2143 (I) (C)).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20100055544A1, hereafter Chen, in view of Published Application US20180076437A1, hereafter Goldschmidt, and further in view of Published Application US20200168879A1, hereafter Kim, as stated above for claim 4, and further in view of Published Application US20240253477A1, hereafter Schlaupitz.
Regarding claim 8, modified Chen further discloses wherein each of the two groups of wiring piles further comprises a positive wiring hole and a negative wiring hole fixedly provided on the surface of the body (Chen Fig 8, wiring holes in copper element disposed in top cover), wherein the positive wiring post is adapted to be used exclusively with the positive wiring hole and the negative wiring post is adapted to be used exclusively with the negative wiring hole (Goldschmidt [0040] battery terminal posts have different relative sizes).
Modified Chen is silent on wherein the positive bolted cap is integrally formed with the positive wiring post, and the negative bolted cap is integrally formed with the negative wiring post.
In the analogous art of secondary battery terminals, Schlaupitz discloses wherein the caps are integrally formed with their respective terminals ([0007] terminal endcaps overmolded onto positive and negative terminals).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Chen to integrally form the positive and negative wiring posts with their respective positive and negative bolted caps as an obvious engineering choice to use a one piece construction (MPEP 2144.04 (V) (B)).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20100055544A1, hereafter Chen, in view of Published Application US20180076437A1, hereafter Goldschmidt, and further in view of Published Application US20200168879A1, hereafter Kim, as stated above for claim 7, and further in view of Foreign Publication GB2061636A, hereafter VARTA.
Regarding claim 10, modified Chen discloses wherein the external diameter of a head of the positive wiring post is larger than the internal diameter of the first via (Kim Fig 9, head of terminal bolt 131 has a larger diameter than the tail of the bolt, which extends through the via at the bottom of the cap), and the external diameter of a head of the negative wiring post is larger than the internal diameter of the second via (Kim Fig 9, head of terminal bolt 131 has a larger diameter than the tail of the bolt, which extends through the via at the bottom of the cap).
Modified Chen is silent on wherein the positive wiring post is a countersunk bolt, and the negative wiring post is a countersunk bolt.
In the analogous art of secondary battery terminals, VARTA discloses wherein the positive wiring post is a countersunk bolt (Fig 3, page 1 lines 69-72, conical bolt 8, shape causes the bolt to press outwardly against the wall of the bore of a strap type connector), and the negative wiring post is a countersunk bolt (Fig 3 conical bolt 8).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Chen to select a conical bolt shape as disclosed by VARTA for the terminal post bolt in order to improve the connection to a strap type connector through the bolt pressing outwardly against the wall of the bore of the connector, as suggested by VARTA.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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