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, see page 3, filed July 23, 2026, with respect to the rejection(s) of claim(s) 1-14 under 35 U.S.C. 101 as statutory double patenting rejection have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of U.S. Patent No. 12,111,368.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim1-14 of U.S. Patent No. 12,111,368. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent above covers the scope of the claimed invention.
The following is the relationship between this application and U.S. Patent No. 12,111,368 [the difference is shown in italic, bold and underline]:
Application 18/882,035:
1. A device for predicting a life expectancy of a fuse for a battery comprising a first battery and a second battery of an electric vehicle, the device comprising: a processor; a sensor configured to generate and output current information about current flowing in the fuse to the processor, wherein the fuse is disposed between the first battery and the second battery; and a memory connected to the processor; wherein the memory is configured to store program instructions which are executable by the processor to
generate fuse-life expectancy information
corresponding to the fuse based on time
during which the current information exceeds a preset threshold value.
U.S. Patent 12,111,368:
1. A device for predicting a life expectancy of a fuse for a battery comprising a first battery and a second battery of an electric vehicle, the device comprising: a processor; a sensor configured to generate and output current information about current flowing in the fuse to the processor, wherein the fuse is disposed between the first battery and the second battery; and a memory connected to the processor and configured to store a preset lookup table; wherein the memory is configured to store program instructions
which are executable by the processor to generate fuse-life expectancy information corresponding to the fuse based on the preset lookup table and time corresponding to an excess when the current information exceeds a preset threshold value.
2. The device according to claim 1, wherein, when the current information is driving current information, the memory is configured to store program instructions for generating the fuse-life expectancy information based on a preset method by measuring a peak current and a peak time corresponding to the driving current information when the driving current information exceeds a preset driving threshold value, and the preset threshold value is the preset driving threshold value.
2. The device according to claim 1, wherein, when the current information is driving current information, the memory is configured to store program instructions for generating the fuse-life expectancy information based on a preset method by measuring a peak current and a peak time corresponding to the driving current information when the driving current information exceeds a preset driving threshold value, and the preset threshold value is the preset driving threshold value.
3. The device according to claim 2, wherein the memory is configured to store program instructions for cumulatively measuring the peak current and the peak time until the driving current information is lower than or equal to the preset driving threshold value, and generating the fuse-life expectancy information.
3. The device according to claim 2, wherein the memory is configured to store program instructions for cumulatively measuring the peak current and the peak time until the driving current information is lower than or equal to the preset driving threshold value, and generating the fuse-life expectancy information by looking up information corresponding to the cumulatively measured peak current and peak time from the preset lookup table.
4. The device according to claim 1, wherein, when the current information is quick-charging current information, the memory is configured to store program instructions for generating a quick-charging absolute current value corresponding to the quick-charging current information, and generating the fuse-life expectancy information based on a preset method by measuring a quick-charging current information and charging time when the quick-charging absolute current value exceeds a preset quick-charging threshold value, and the preset threshold value is an absolute value of the quick-charging current value.
4. The device according to claim 1, wherein, when the current information is quick-charging current information, the memory is configured to store program instructions for generating a quick-charging absolute current value corresponding to the quick-charging current information, and generating the fuse-life expectancy information based on a preset method by measuring a quick-charging current information and charging time when the quick-charging absolute current value exceeds a preset quick-charging threshold value, and the preset threshold value is an absolute value of the quick-charging current value.
5. The device according to claim 4, wherein the memory is configured to store program instructions for cumulatively measuring the quick-charging current information and the charging time until the quick charging is completed, and generating the fuse-life expectancy information.
5. The device according to claim 4, wherein the memory is configured to store program instructions for cumulatively measuring the quick-charging current information and the charging time until the quick charging is completed, and generating the fuse-life expectancy information by looking up information corresponding to the cumulatively measured quick-charging
current information and charging time from the preset lookup table.
6. The device according to claim 1, wherein the memory is configured to further store program instructions for outputting a preset warning when the fuse-life expectancy information is lower than or equal to a preset warning reference.
6. The device according to claim 1, wherein the memory is configured to further store program instructions for outputting a preset warning when the fuse-life expectancy information is lower than or equal to a preset warning reference.
7. The device according to claim 6, wherein the memory is configured to store program instructions for detecting a warning level of the fuse-life expectancy information, and outputting a warning corresponding to the warning level.
7. The device according to claim 6, wherein the memory is configured to store program instructions for detecting a warning level of the fuse-life expectancy information, and outputting a warning corresponding to the warning level.
8. A method of predicting a life expectancy of a fuse used for a battery comprising a first battery and a second battery of an electric vehicle, the method comprising: generating information about current flowing in the fuse disposed between the first battery and the second battery; comparing the current information with a preset threshold value; and generating fuse-life expectancy information corresponding to the fuse based on time during which the current information exceeds the threshold value.
8. A method of predicting a life expectancy of a fuse used for a battery comprising a first battery and a second battery of an electric vehicle, the method comprising: generating information about current flowing in the fuse disposed between the first battery and the second battery; comparing the current information with a preset threshold value; and generating fuse-life expectancy information corresponding to the fuse based on a lookup table previously stored in a provided memory and time corresponding to an excess when the current information exceeds the threshold value.
9. The method according to claim 8, wherein, when the current information is driving current information, generating the fuse-life expectancy information comprises: measuring a peak current and a peak time corresponding to the driving current information when the driving current information exceeds a preset driving threshold value; and generating the fuse-life expectancy information based on a preset method using the peak current and the peak time; wherein the threshold value is the driving threshold value.
9. The method according to claim 8, wherein, when the current information is driving current information, generating the fuse-life expectancy information comprises: measuring a peak current and a peak time corresponding to the driving current information when the driving current information exceeds a preset driving threshold value; and generating the fuse-life expectancy information based on a preset method using the peak current and the peak time; wherein the threshold value is the driving threshold value.
10. The method according to claim 9, wherein generating the fuse-life expectancy information comprises: cumulatively measuring the peak current and the peak time until the driving current information is lower than or equal to the driving threshold value; and generating the fuse-life expectancy information.
10. The method according to claim 9, wherein generating the fuse-life expectancy information comprises: cumulatively measuring the peak current and the peak time until the driving current information is lower than or equal to the driving threshold value; and generating the fuse-life expectancy information by looking up information corresponding to the cumulatively measured peak current and peak time from the lookup table.
11. The method according to claim 8, wherein, when the current information is quick-charging current information, generating the fuse-life expectancy
information comprises: generating a quick-charging absolute current value corresponding to the quick-charging current information; and generating the fuse-life expectancy information based on a preset method by measuring a quick-charging current information and charging time when the quick-charging absolute current value exceeds a preset quick-charging threshold value; wherein the threshold value is the quick-charging absolute current value.
11. The method according to claim 8, wherein, when the current information is quick-charging current information, generating the fuse-life expectancy information comprises: generating a quick-charging absolute current value corresponding to the quick-charging current information; and generating the fuse-life expectancy information based on a preset method by measuring a quick-charging current information and charging time when the quick-charging absolute current value exceeds a preset quick-charging threshold value; wherein the threshold value is the quick-charging absolute current value.
12. The method according to claim 11, wherein generating the fuse-life expectancy information further comprises: cumulatively measuring the quick-charging current information and the charging time until the quick charging is completed; and generating the fuse-life expectancy information.
12. The method according to claim 11, wherein generating the fuse-life expectancy information further comprises: cumulatively measuring the quick-charging current information and the charging time until the quick charging is completed; and generating the fuse-life expectancy information by looking up information corresponding to the cumulatively measured quick-charging current information and charging time from the lookup table.
13. The method according to claim 8, further
comprising outputting a preset warning when the fuse-life expectancy information is lower than or equal to a preset warning reference.
13. The method according to claim 8, further
comprising outputting a preset warning when the fuse-life expectancy information is lower than or equal to a preset warning reference.
14. The method according to claim 13, wherein outputting the warning comprises: detecting a warning level of the fuse-life expectancy information; and outputting a warning corresponding to the warning level.
14. The method according to claim 13, wherein outputting the warning comprises: detecting a warning level of the fuse-life expectancy information; and outputting a warning corresponding to the warning level.
Conclusion
Base on the amendment to the claims the following is being applied.
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 JERMELE M HOLLINGTON whose telephone number is (571)272-1960. The examiner can normally be reached Mon-Fri 7:00am-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, Lee E Rodak can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERMELE M HOLLINGTON/Primary Examiner, Art Unit 2858
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