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 .
Response to Arguments
Applicant's arguments filed on 06/16/2026 have been fully considered but they are not persuasive.
Regarding claims 1-6 and 11-17, applicant requested for the double patenting rejection to be withdrawn in light of the amendments to independent claim 1. However, a double patenting rejection is still applicable over Shin (US PGPUB 2025/0309380) in view of Kim (US PGPUB 2024/0077545) as presented below.
In addition, regarding claims 1-6 and 11-17, applicant argues that Kim fails to disclose, teach, or even suggest that either the first bus bar 200 or the second bus bar 300 includes a first lead and a second lead extending in opposite directions. The examiner respectfully disagrees. Kim shows in fig. 2 wherein the first bus bar 200 has a first terminal 210 for current comprising a first lead (210 connected to L1) and a first terminal 210 for voltage comprising a second lead (210 connected to L2), wherein the first lead and the second lead extend in opposite directions (as shown in fig. 2, 210 connected to L1 extends from a center to the right direction and 210 connected to L2 extends from the center to an opposite direction, which is the left direction). Therefore, Kim does disclose, teach, and suggests that the first bus bar 200 and the second bus bar 300 includes a first lead and a second lead extending in opposite directions.
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 1-6 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 and 17 of SHIN (US PGPUB 2025/0309380) in view of KIM (US PGPUB 2025/0309380). One of ordinary skill in the art would have recognized the slight differences between the claim language of the corresponding claims as being directed towards intention, slight variations in terminology, or obvious variants of claim elements, and therefore these claims are not patentably distinct from one another despite these slight differences.
Claim 1 of Instant Application
Claim 1 of US PGPUB No. 2025/0309380
A characteristic measuring jig configured to measure one or more characteristics of a battery cell for a rechargeable battery, the characteristic measuring jig comprising:
A characteristic measuring jig configured to measure a characteristic of a battery cell for a rechargeable battery, the characteristic measuring jig comprising:
a support configured to support the battery cell, the battery cell comprising a terminal side comprising a positive electrode terminal and a negative electrode terminal;
a support configured to support the battery cell, the battery cell comprising a positive electrode terminal and a negative electrode terminal;
an impedance measuring part comprising: first and second positive electrode contact parts configured to contact the positive electrode terminal; first and second negative electrode contact parts configured to contact the negative electrode terminal;
an impedance measuring part comprising: first and second positive electrode contact parts configured to contact the positive electrode terminal, first and second negative electrode contact parts configured to contact the negative electrode terminal,
a first terminal for current connected to the first positive electrode contact part and configured to apply current to the battery cell; a first terminal for voltage connected to the second positive electrode con- tact part and configured to measure the voltage of the battery cell; a second terminal for current connected to the first negative electrode con- tact part and configured to apply current to the battery cell; and a second terminal for voltage connected to the second negative electrode contact part and configured to measure voltage of the battery cell, the second terminal for voltage being detachable from the terminal side of the battery cell;
a first terminal for current connected to the first positive electrode contact part and configured to apply current to the battery cell, a first terminal for voltage connected to the second positive electrode contact part and configured to measure the voltage of the battery cell, a second terminal for current connected to the first negative electrode contact part and configured to apply current to the battery cell, and a second terminal for voltage connected to the second negative electrode contact part and configured to measure voltage of the battery cell, and that is detachable to the positive electrode terminal and the negative electrode terminal of the battery cell;
and an elevating part fixed to the support, connected to the impedance measuring part, and configured to elevate the impedance measuring part with respect to the terminal side of the battery cell,
and an elevating part fixed to the support, connected to the first and second positive electrode contact parts or the first and second negative electrode contact parts, and configured to elevate the first and second positive electrode contact parts or the first and second negative electrode contact parts with respect to the battery cell,
wherein at least one of the first terminal for current or the second terminal for current is substantially opposite to at least one of the first terminal for voltage or the second terminal for voltage
wherein the first terminal for current is substantially opposite to the first terminal for voltage, and wherein the second terminal for current is substantially opposite to the second terminal for voltage
SHIN fails to teach wherein the first terminal for current comprises a first lead, wherein the first terminal for voltage comprises a second lead, and wherein the first lead and the second lead extend in opposite directions. However, KIM teaches wherein the first terminal (210) for current comprises a first lead (210 connected to L1), wherein the first terminal (210) for voltage comprises a second lead (210 connected to L2), and wherein the first lead and the second lead extend in opposite directions (as shown in fig. 2, 210 connected to L1 extends from a center to the right direction and 210 connected to L2 extends from the center to an opposite direction, which is the left direction).
It would have been obvious, before the effective filing date of the claimed invention, to one of ordinary skill in the art to combine and have the first terminal for current comprises a first lead, wherein the first terminal for voltage comprises a second lead, and wherein the first lead and the second lead extend in opposite directions as taught by KIM with the invention of SHIN in order to avoid contact between the terminals creating a short circuit.
Regarding claim 2, SHIN (U.S. PGPUB 2025/0309380) teaches the characteristic measuring jig as claimed in claim 1, wherein the impedance measuring part comprises: a first body to which the first and second positive electrode contact parts, the first terminal for current, and the first terminal for voltage are coupled, and a second body to which the first and second negative electrode contact parts, the second terminal for current, and the second terminal for voltage are coupled (as disclosed in claim 2 of SHIN), spaced apart from the first body and adjacent to the first body.
SHIN fails to teach in the claims wherein a second body to which the first and second negative electrode contact parts, the second terminal for current, the second terminal for voltage are coupled, specifically spaced apart from the first body and adjacent to the first body. However, KIM teaches wherein a second body (340) to which the first and second negative electrode contact parts (320 separated into two parts, as disclosed in 0044), the second terminal for current (310 connected to L1), the second terminal for voltage (310 connected to L2) are coupled, spaced apart from the first body (240) and adjacent to the first body (240) (as shown in fig. 2).
It would have been obvious, before the effective filing date of the claimed invention, to one of ordinary skill in the art to combine and have a second body to which the first and second negative electrode contact parts, the second terminal for current, the second terminal for voltage are coupled, spaced apart from the first body and adjacent to the first body as taught by KIM with the invention of SHIN in order to connect a plurality of conducting lines and reduce noise signal levels.
Claim 3 of Instant Application
Claim 3 of US PGPUB No. 2025/0309380
The characteristic measuring jig as claimed in claim 2, wherein the first terminal for current and the first terminal for voltage are non-overlapping on a same line in the first body.
The characteristic measuring jig as claimed in claim 2, wherein the first terminal for current and the first terminal for voltage are non-overlapping on a same line in the first body.
Claim 4 of Instant Application
Claim 4 of US PGPUB No. 2025/0309380
The characteristic measuring jig as claimed in claim 2, wherein the second terminal for current and the second terminal for voltage are non-overlapping on a same line in the second body.
The characteristic measuring jig as claimed in claim 2, wherein the second terminal for current and the second terminal for voltage are non-overlapping on a same line in the second body.
Claim 5 of Instant Application
Claim 5 of US PGPUB No. 2025/0309380
The characteristic measuring jig as claimed in claim 2, wherein an area of the first positive electrode contact part is equal to or greater than an area of the second positive electrode contact part.
The characteristic measuring jig as claimed in claim 2, wherein an area of the first positive electrode contact part is equal to or greater than an area of the second positive electrode contact part.
Claim 6 of Instant Application
Claim 6 of US PGPUB No. 2025/0309380
The characteristic measuring jig as claimed in claim 2, wherein an area of the first negative electrode contact part is equal to or greater than an area of the second negative electrode contact part.
The characteristic measuring jig as claimed in claim 2, wherein an area of the first negative electrode contact part is equal to or greater than an area of the second negative electrode contact part.
Claim 17 of Instant Application
Claim 17 of US PGPUB No. 2025/0309380
A characteristic measuring apparatus configured to measure a characteristic of a battery cell for a rechargeable battery, the characteristic measuring apparatus comprising: a housing accommodating the characteristic measuring jig as claimed in claim 1, the housing comprising a chamber, a current wire configured to apply current to the first terminal for current and the second terminal for current, and a voltage wire configured to sense voltage of the battery cell from the first terminal for voltage and the second terminal for voltage.
A measuring apparatus configured to measure a characteristic of a battery cell for a rechargeable battery, the measuring apparatus comprising: a housing accommodating the characteristic measuring jig as claimed in claim 1, the housing comprising a chamber, a current wire configured to apply current to the first and second terminals for current, and a voltage wire configured to sense voltage of the battery cell from the first and second terminals for voltage.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over KIM (US PGPUB 2024/0077545).
Regarding claim 1, KIM teaches a characteristic measuring jig (1000) configured to measure one or more characteristics of a battery cell (10) for a rechargeable battery, the characteristic measuring jig (1000) comprising: a support (100, 240, 340) configured to support the battery cell (10), the battery cell (10) comprising a terminal side comprising an positive electrode terminal (11) and a negative electrode terminal (12); an impedance measuring part comprising: first and second positive electrode contact parts (220, even though fig. 2 shows it as a single part, para. 0044 discloses that 220 is separated into two parts) configured to contact the positive electrode terminal (11); first and second negative electrode contact parts (320, even though fig. 2 shows it as a single part, para. 0044 discloses that 320 is separated into two parts) configured to contact the negative electrode terminal (12); a first terminal for current (210 connected to L1) connected to the first positive electrode contact part and configured to apply current to the battery cell (as shown in fig. 2-3 and disclosed in para. 0039-0040 and 0045); a first terminal for voltage (210 connected to L2) connected to the second positive electrode contact part and configured to measure the voltage of the battery cell (as shown in fig. 2-3 and disclosed in para. 0039-0040 and 0045); a second terminal for current (310 connected to L1) connected to the first negative electrode contact part and configured to apply current to the battery cell (as shown in fig. 2-3 and disclosed in para. 0039-0040 and 0045); and a second terminal for voltage (310 connected to L2) connected to the second negative electrode contact part and configured to measure voltage of the battery cell (as shown in fig. 2-3 and disclosed in para. 0039-0040 and 0045), the second terminal for voltage being detachable from the terminal side of the battery cell (using 331, as disclosed in para. 0046); and an elevating part (231 and 331) fixed to the support (100) (note that all the elements in fig. 2 are fixed to the support directly or indirectly), connected to the impedance measuring part, and configured to elevate the impedance measuring part with respect to the terminal side of the battery cell (10) (as disclosed in para. 0046), wherein at least one of the first terminal for current (210 connected to L1) or the second terminal for current (310 connected to L1) is substantially opposite to at least one of the first terminal for voltage (210 connected to L2) or the second terminal for voltage (310 connected to L2) (as shown in fig. 2), wherein the first terminal (210) for current comprises a first lead (210 connected to L1), wherein the first terminal (210) for voltage comprises a second lead (210 connected to L2), and wherein the first lead and the second lead extend in opposite directions (as shown in fig. 2, 210 connected to L1 extends from a center to the right direction and 210 connected to L2 extends from the center to an opposite direction, which is the left direction).
KIM fails to specifically teach in the embodiment of fig. 2 a terminal side comprising a positive electrode terminal and a negative electrode terminal. However, KIM teaches a terminal side comprising a positive electrode terminal and a negative electrode terminal (as disclosed in para. 0004).
It would have been obvious, before the effective filing date of the claimed invention, to one of ordinary skill in the art to combine and have a terminal side comprising a positive electrode terminal and a negative electrode terminal as taught by KIM with the invention of KIM embodiment of fig. 2 in order to have a power generating element capable of charging and discharging (KIM para. 0004).
Regarding claim 2, KIM teaches the limitations of claim 1, in addition, KIM teaches wherein the impedance measuring part comprises: a first body (240) to which the first and second positive electrode contact parts (220), the first terminal for current (210), and the first terminal for voltage (210) are coupled, and a second body (340) to which the first and second negative electrode contact parts (320), the second terminal for current (310), and the second terminal for voltage (310) are coupled, spaced apart from the first body and adjacent to the first body (as shown in fig. 2).
Regarding claim 3, KIM teaches the limitations of claim 2, in addition, KIM teaches wherein the first terminal for current (210 connected to L1) and the first terminal for voltage (210 connected to L2) are non-overlapping on a same line in the first body (240) (as shown in fig. 2).
Regarding claim 4, KIM teaches the limitations of claim 2, in addition, KIM teaches wherein the second terminal for current (310 connected to L1) and the second terminal for voltage (310 connected to L2) are non-overlapping on a same line in the second body (340) (as shown in fig. 2).
Regarding claim 5, KIM teaches the limitations of claim 2, in addition, KIM teaches wherein an area of the first positive electrode contact part (220) is equal to or greater than an area of the second positive electrode contact part (220) (as shown in fig. 2).
Regarding claim 6, KIM teaches the limitations of claim 2, in addition, KIM teaches wherein an area of the first negative electrode contact part (320) is equal to or greater than an area of the second negative electrode contact part (320) (as shown in fig. 2).
Regarding claim 11, KIM teaches the limitations of claim 1, in addition, KIM teaches further comprising a fixing frame (230 and 330) on the support (100, 240, 340), the fixing frame being configured to fix the battery cell (10) on the support (100, 240, 340) (as shown in fig. 2).
Regarding claim 12, KIM teaches the limitations of claim 11, in addition, KIM teaches wherein the support (100, 240, 340) comprises a bottom plate (100) and a vertical plate (240 and 340) extending from one side of the bottom plate (100), the fixing frame (230 and 330) being on the bottom plate (100) (as shown in fig. 2).
Regarding claim 13, KIM teaches the limitations of claim 12, in addition, KIM teaches wherein the battery cell (10) has a rectangular shape (as shown in fig. 2).
Regarding claim 14, KIM teaches the limitations of claim 1, in addition, KIM teaches further comprising a supporting frame (230 and 330) on the support (100, 240, 340), the support frame being configured to support the battery cell (10) (as shown in fig. 2).
Regarding claim 15, KIM teaches the limitations of claim 14, in addition, KIM teaches wherein the support (100, 240, 340) comprises a bottom plate (100) and a vertical plate (240 and 340) extending from one side of the bottom plate (100), the supporting frame (230 and 330) being on the bottom plate (100) (as shown on fig. 2).
Regarding claim 16, KIM teaches the limitations of claim 14
KIM fails to specifically teach in the embodiment of fig. 2 wherein the battery cell has a cylindrical shape. However, KIM teaches wherein the battery cell has a cylindrical shape (as disclosed in para. 0004).
It would have been obvious, before the effective filing date of the claimed invention, to one of ordinary skill in the art to combine and have the battery cell have a cylindrical shape as taught by KIM with the invention of KIM embodiment of fig. 2 in order to have an electrode assembly embedded.
Regarding claim 17, KIM teaches a characteristic measuring apparatus (1000) configured to measure a characteristic of a battery cell (10) for a rechargeable battery, the characteristic measuring apparatus comprising: a housing accommodating the characteristic measuring jig (1000) as claimed in claim 1, the housing comprising a chamber (as disclosed in para. 0008, 0029 and 0037), a current wire (L1) configured to apply current to the first terminal for current and the second terminal for current (as shown in fig. 2-3 and disclosed in para. 0039-0040 and 0045), and a voltage wire (L2) configured to sense voltage of the battery cell from the first terminal for voltage and the second terminal for voltage (as shown in fig. 2-3 and disclosed in para. 0039-0040 and 0045).
Allowable Subject Matter
Claims 7-10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 7-10, the prior art fails to specifically teach a characteristic measuring jig configured to measure one or more characteristics of a battery cell for a rechargeable battery, the characteristic measuring jig comprising: wherein the impedance measuring part comprises: a single body to which the first and second positive electrode contact parts, the first terminal for current, the first terminal for voltage, the first and second negative electrode contact parts, the second terminal for current, and the second terminal for voltage are coupled, in combination with all the limitations of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
GU (US PGPUB 2025/0070576) teaches a secondary battery charging/discharging apparatus.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERTO VELEZ whose telephone number is (571)272-8597. The examiner can normally be reached Mon-Fri 5:30am-3:30pm.
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, Huy Phan can be reached at (571)272-7924. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERTO VELEZ/Primary Examiner, Art Unit 2858
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