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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 07/22/2024, and 04/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 16-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,074,345 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both are claiming the same invention of a terminal comprising a first conductive member and a second conductive member that is electrically connected to each other, a fastening portion which is mechanically fixed to the first and second conductive members, a metal joint at which the first and second conductive members are metal joined at a position spaced from the fastening portion, wherein the second conductive member includes a constriction portion formed to include an annular notch having a tapered shape with a changing diameter along a portion of a radially outer circumferential side face of the second conductive member, wherein the fastening portion is a fitting portion at which the constriction portion of the second conductive member and the first conductive member are fitted with each other, wherein the second conductive member further includes a shoulder portion seated against a lower face of the first conductive member below the constriction portion; and a portion of the shoulder portion is located below a lower face of the first conductive member. Thus the claims are not patentably distinct as the terminal of US Patent No. 12,074,345 B2 is the same as the secondary battery having the terminal of the instant invention, with a secondary battery having a positive and negative electrode being well known in the art for battery cells. Thus the inventive concepts claimed are not patentable distinct from one another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsumoto (US 2017/0229700 A1)- discloses a metal body 752 and a connection terminal 753 having a flange portion that are connected to one another and reads as the constriction portion as the connection terminal is press-fitted into the round hole 752d of the metal body. Matsumoto teaches wherein welding of the first and second conductive members can be done at an inner portion of the connection between the first and second conductive members, see Figure 8C, 9C, 10C. Matsumoto fails to teach nor render obvious the amended claims as Matsumoto fails to teach of the shoulder portion seated against a lower face of the first conductive member below the constriction portion.
Hoshino (JP 2017117574 A)- discloses a power storage device having a terminal block used for connection with an external device. Hoshino is analogous with Matsumoto as being in the same field of endeavor of terminal connections of a battery. Hoshino teaches of a rivet, having a crimped like structure) that penetrates a through hole of a conductive portion (such as a terminal member) to tightly fasten the conductive member and the base portion to the terminal member (Hoshino Figure 20 [0008-0010]; [0024-0025]).
Ito (US 2012/0148908 A1)- discloses a terminal fabricating method for a battery. Ito is analogous with Matsumoto as being within the same field of endeavor as terminal connections of batteries. Ito discloses a flange 35a that is press fitted into a recess 34a in Figure 8A and 8B. The inner diameter of the recess 34a is sufficiently smaller than the outer diameter of the flange 35a and thus the flange 35a widens the recess 34a under pressure by press fitting to form a firmly fixed state ([0051]). The widening of the recess due to the press fitting of the flange is read as deformation between the plate 34 and the rivet 35.
Tsunaki et al. (US 2013/0323574 A1)- discloses electric cells and assembled battery having the terminal portions of the negative and positive electrode containing a constricted section that serves as a connector between portions of the terminal members.
Suzuki (JP 2016225106 A)- discloses a connector terminal and bus bar. Suzuki discloses a first and second terminal member that are press fitting the projection into the recess to increase contact strength and decrease electrical resistance. The structure of the terminal members and flanges are shown in at least Figures 4-5 and 10. Figure 5 for example has a female and male mating flanges in which the male mating flange has an end with a variable diameter that comes into close contact with one another to ensure good electrical conductivity and contact strength, see [0010-0011] and [0019].
Enomoto (JP 2013075297 A)- as cited in the IDS- discloses a coupling structure in which the force fitting end part 7 has a variable changing diameter. The force fitting end part 7 is analogous with the structure of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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