CTNF 18/794,204 CTNF 84179 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-18 of U.S. Patent No. 12,548,804 . Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims require a battery pack, comprising: a plurality of battery cells; a measurement board including protrusions only on a first side of the measurement board and configured to obtain state information of the plurality of battery cells, the measurement board including a measurement terminal that is on a first surface of a battery cell of the plurality of battery cells; a plurality of bus bars; and an insulating bus bar holder between the plurality of bus bars and the measurement board, the measurement board further including a connection terminal that branches off from a main body of the measurement board and is electrically connected to a first bus bar of the plurality of bus bars, wherein: the plurality of battery cells are arranged as an array of battery cells, and the battery pack includes the first bus bar that electrically connects the plurality of battery cells to each other; and wherein the connection terminal includes: a flat extension portion that is bent from and is perpendicular to the main body of the measurement board and extends toward the first bus bar; and a flat terminal portion that is bent from the extension portion and is connected to the first bus bar, the terminal portion being perpendicular to the extension portion and is parallel to and spaced from the main body, the extension portion and the terminal portion being on two different perpendicular planes, wherein the measurement terminal is in contact with the first surface of the battery cell and is electrically connected to the first surface of the battery cell, and wherein the measurement terminal is not in contact with an electrode terminal of the battery cell in a manner which obviates the instant claims . Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 10 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 10 recites the limitation "the first battery cell s ". There is insufficient antecedent basis for this limitation in the claim. Previous claims refer to “the first battery cell” (singular), and it is unclear which cells may be considered the first battery cells in plural. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-12-aia AIA (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. 07-15 AIA Claim s 1-20 are rejected under 35 U.S.C. 102( a)(1 or 2 ) as being anticipated by Nishihara et al. (US Pub 2011/0024205 cited in IDS) . In regard to independent claims 1 and 20, Nishihara et al. teach a battery pack 100, comprising: a plurality of battery cells 10; and a detection circuit for acquiring state information of a plurality of battery cells 10, the detection circuit comprising: a connection terminal (including PTC element 60 joined to attachment portions 42,46 of bus bars 40 in region R11 via connection 51) separated from a detection terminal (detecting circuit 20 including conductor and detection lines, and thermistors 11 connected via connection terminals 72) and divided towards different battery cells 10 along a main body (flexible printed circuit board i.e. FPC board 50 including multiple regions R and detection circuit 20 - see figure 8) of the detection circuit, wherein: the connection terminal R11, 60 is connected to a first bus bar 40 of a plurality of bus bars 40 at a raised level from the main body 50 (such as region R12 of FPC 50) of the detection circuit (see figure 7a annotated below, structure is bent in a stepped structure along line B1), and the detection terminal (detection circuit 20 connected to thermistors 11 through terminals 72) is conductively connected to a first surface of a first battery cell 10 of the plurality of battery cells while overlapped with each other at the same level of the main body of the detection circuit (figure 10, paragraphs [0097- 0203] – note the multiple interpretations for what is considered the detection terminal and/or connection terminal). PNG media_image1.png 279 512 media_image1.png Greyscale In regard to claim 2, the detection terminal 11, 20, 72 is in contact with the first surface of the first battery cell 10 and is electrically connected to the first surface of the first battery cell (paragraph [0072]). In regard to claim 3, an electrode terminal (plus and minus electrodes 10a, 10b)is on the first surface of the first battery cell (paragraph [0083]). In regard to claim 4, the electrode terminal includes first and second electrode terminals 10a, 10b having opposite polarities, and the first surface of the first battery cell is electrically connected to the first electrode terminal (paragraph [0083]). In regard to claim 5, the plurality of battery cells are arranged as an array of battery cells, the main body 50 of the detection circuit extends along the array of battery cells, and the detection terminal includes a plurality of detection terminals 11 that branch off from the main body of the detection circuit (figure 10 and 11). In regard to claim 6, the detection terminal comprises a plurality of detection terminals 11 that branch off side by side from the main body of the detection circuit in an identical direction (figure 10 and 11). In regard to claim 7, the plurality of detection terminals 11 are fewer in number than the plurality of battery cells 10 (figure 10). In regard to claim 8, battery cells 10 arranged adjacent to each other in the array of battery cells are connected in parallel to each other to form parallel modules (paragraph [0273]), and each of the detection terminals 11 is conductively connected to the first surface of any one battery cell of each of the parallel modules (figure 10). In regard to claim 9, the plurality of battery cells 10 are arranged as an array of battery cells, and the plurality of bus bars 40 electrically connect battery cells that are not adjacent to each other in the array of battery cells (all battery cells 10 are connected via busbars, including non-adjacent cells). In regard to claim 10, opposite polarities of the first battery cells 10 that are not adjacent to each other in the array of battery cells are connected to each other in series by the first bus bar 40 (paragraph [0273] – all cells may be connected in series or parallel to obtain required current). In regard to claim 11, the detection circuit 20 and a bus bar holder (frames 92, 93, 94; covers 80) are sequentially arranged above the first surfaces of the plurality of battery cells, and a coupling hole (exposed portions of cell 10 between frames 93 and 94) is formed through the bus bar holder such that access is allowed for a coupling tool to conductively connect the detection terminal 11 of the detection circuit to the first surface of each of the plurality of battery cells (figure 10, paragraphs [0068-0091]). In regard to claim 12, the coupling hole corresponds to a coupling position between the detection terminal and the first surface of each of the plurality of battery cells (figure 10). In regard to claim 13, the first bus bar 40 is electrically connected to the first battery cell 10 having a lowest negative-electrode voltage in the array of battery cells (all cells are considered electrically connected to all busbars in the series-parallel arrangement). In regard to claim 14, the first bus bar 40 is connected to an output terminal of a battery pack (contactor 102, power supply line 501 – figure 1, paragraph [0068]). In regard to claim 15, an insulating bus bar holder (insulating layer of FPC 50 – paragraph [0091], rectangular insulating layer 200 made of polyamide – paragraph [0156])) is between the first bus bar 40 and the detection circuit 20, and a through-hole (terminal lines 51, 52; though holes H1, H2 etc.) extends through the bus bar holder to allow the connection terminal to pass through the through-hole (paragraph [0217-0223]). In regard to claim 16, the connection terminal includes: an extension portion (conductor lines 52, region R12 etc.) that is bent from the main body of the detection circuit and extends toward the first bus bar; and a terminal portion (conductor line 51) that is bent from the extension portion and is connected to the first bus bar 40 (see figure 11 below; see also various bends in FPC 50 in figure 9). PNG media_image2.png 405 755 media_image2.png Greyscale In regard to claim 17, the connection terminal 60 and the main body of the detection circuit are at different levels, and the detection terminal 11 is level with the main body of the detection circuit 20 (figure 5). In regard to claim 18, the connection terminal 60 and the detection terminal 11 branch off side by side from the main body of the detection circuit in an identical direction (see figure 24, bus bar connections and thermistor connections both extend in Y direction). In regard to claim 19, the detection terminal (thermistors 11, circuit 20) is not in contact with an electrode terminal 10a, 10b of the first battery cell (figure 5) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure : US Pub 2019/0237817 teaches similar connection and detections modules on different planes for a battery module (see figure 2-4) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm 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, Tong Guo can be reached on 571-272-3066. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723 Application/Control Number: 18/794,204 Page 2 Art Unit: 1723 Application/Control Number: 18/794,204 Page 3 Art Unit: 1723 Application/Control Number: 18/794,204 Page 4 Art Unit: 1723 Application/Control Number: 18/794,204 Page 5 Art Unit: 1723 Application/Control Number: 18/794,204 Page 6 Art Unit: 1723 Application/Control Number: 18/794,204 Page 7 Art Unit: 1723 Application/Control Number: 18/794,204 Page 8 Art Unit: 1723 Application/Control Number: 18/794,204 Page 9 Art Unit: 1723 Application/Control Number: 18/794,204 Page 10 Art Unit: 1723
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