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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-18 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-18 of prior U.S. Patent No. 12,153,100. This is a statutory double patenting rejection.
Allowable Subject Matter
As noted in prior U.S. Patent No. 12,153,100, the claims contain allowable subject matter. However, the Double Patenting Rejection must be addressed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art, alone or in combination, fails to disclose all of the limitations of the claims, especially a detection module, connected to the first clamp and the second clamp, used to detect the impedance of the device’s positive contact, and also used to detect the impedance of the device’s negative contact; a power switch, connected between the first clamp and an energy module or between the second clamp and the energy module; a system control module is electrically connected to the detection module to obtain the contact impedance of the first clamp and the contact impedance of the second clamp; and provides a signal to the power switch to turn on the power switch so that the energy module provides energy to the first clamp and the second clamp of independent claim 1 with similar more specific language present in independent claim 10.
Wu (US 11,686,778) is considered the most relevant prior art as it discloses a power supply for boosting a vehicle battery for starting which can detect the vehicle battery health. However, Wu fails to discloses that the connection between the clamps and each of the connections to the energy module (battery) are measured for impedance.
Ogirko (US 12,025,675), Toscani et al. (US 2019/0081492) and Koebler (US 2017/0346140) are also considered relevant prior art as each discloses aspects of providing power/energy to a battery or measuring aspects of a battery. However, none disclose the above noted limitations.
Conclusion
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/JOEL BARNETT/Examiner, Art Unit 2836
/DANIEL CAVALLARI/Primary Examiner, Art Unit 2836