`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`15/327,373
`
`01/18/2017
`
`SHINYA KIMURA
`
`731156.616USPC
`
`6672
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`MONSUR, NASIMA
`
`ART UNIT
`
`2866
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/30/2018
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`US PTOeAction @ SeedIP.com
`
`pairlinkdktg @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/327,373 KIMURA, SHINYA
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`NASIMA MONSUR $2213 2866
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 1/18/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) His/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)IXI Claim(s)_3-7is/are allowed.
`7)|Z| CIaim(s)_1and2is/are rejected.
`
`8)|:| Claim(s)_ is/are objected to.
`* If any)claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`
`
`()
`
`are subject to restriction and/or election requirement.
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)IZI The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 1/18/2017is/are: a)lX| accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`SIXI Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) E InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 1/18/2017.
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180119
`
`

`

`Application/Control Number: 15/327,373
`
`Page 2
`
`Art Unit: 2866
`
`DETAILED ACTION
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`2.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statement (IDS) submitted on 1/ 18/2017 is in compliance
`
`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being
`
`considered by the examiner.
`
`Status of the Claims
`
`4.
`
`Claims 1—7 set forth in the preliminary amendment submitted 7/06/2017 form the basis of
`
`the present examination.
`
`Specification
`
`5.
`
`The title of the invention is not descriptive. A new title is required that is clearly
`
`indicative of the invention to which the claims are directed.
`
`Claim Rejections - 35 USC § 112
`
`6.
`
`The following is a quotation of 35 USC. 112(b):
`
`

`

`Application/Control Number: 15/327,373
`
`Page 3
`
`Art Unit: 2866
`
`(b) CONCLUSION.7The 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.
`
`7.
`
`Claims 1-2 are 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 pre—AIA the applicant regards as the
`
`invention.
`
`Claim 1 Line 2—3 recites, among other things, “a terminal including a clamping part
`
`which is fastenable to a terminal of a battery”. Line 13—14 recites, “A heat transfer member
`
`which is provided between the temperature sensor and the terminal”. It is not clear from the
`
`claim that the limitation “the terminal” in Line 14 is the terminal of the clamping part or the
`
`terminal of the battery. For the purpose of present examination “the terminal” is considered as
`
`the terminal of the clamping part. Clarification is required.
`
`Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA), second
`
`paragraph, as being indefinite by Virtue of its dependence from claim 1.
`
`

`

`Application/Control Number: 15/327,373
`
`Page 4
`
`Art Unit: 2866
`
`Claim Rejections - 35 USC § 102
`
`8.
`
`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 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.
`
`9.
`
`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 ,
`
`(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.
`
`10.
`
`Claim(s) 1 and 2 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Heim
`
`in the US Patent Application Publication Number US 20030057770 Al.
`
`Regarding claim 1, Heim teaches a battery sensor device (A battery sensor is arranged in
`
`an indentation in the battery lid provided specifically for this battery sensor and has to be
`
`fastened to both poles of the battery; Paragraph [0002] Line 3-5) comprising:
`
`a terminal including a clamp part [1] (FIG. 1a shows the fastening device of the battery
`
`sensor preferably as a conventional battery brass clamp consisting of a clamp body 1;
`
`Paragraph [0019] Line 1-3) which is fastenable to a terminal of a battery (The fastening
`
`device 1, 2 has to be connected only to a single pole of a battery; Paragraph [0019] Line 11-
`
`13);
`
`a first bus bar [10b] and a second bus bar [10a] ( FIG. 1a shows only the two
`
`resistance connections (10a, 10b; compare also FIG. 2) of the measuring shunt 3; Paragraph
`
`

`

`Application/Control Number: 15/327,373
`
`Page 5
`
`Art Unit: 2866
`
`[0019] Line 5-7), the first bus bar [10b] including a load-side terminal (The connection cable
`
`(not illustrated here) connects the output—side resistance connection 10b of the measuring shunt 3
`
`with the vehicle body mass; Paragraph [0020] Line 11-13), the first bus bar [10b] and the
`
`second bus bar [10a] electrically connecting the clamp part [1] and the load-side terminal
`
`Via a shunt resistance [3] (The measuring shunt 3 consists of a resistance element 11 and of two
`
`planar resistance connections 10a and 10b; Paragraph [0022] Line 4-6; The first resistance
`
`connection 10a illustrated in FIG. 1a at the top is conductive; the second resistance connection
`
`10b illustrated in FIG. 1a at the bottom is fastened in an insulating manner by way of an
`
`insulation part 6 to the clamp body 1; Paragraph [0020] Line 1-5; connection cable (not
`
`illustrated here) connects the output—side resistance connection 10b of the measuring shunt 3
`
`with the vehicle body mass; Paragraph [0020] Line 11-13); a board [12] in Figure 3
`
`including a protruding part, the board [12] electrically connected to the first [10b] and
`
`second bus bars [10a] and overlapping the first and second bus bars, the protruding part
`
`protruding toward the clamp part [1] from the bus bars (The carrier board 12 can therefore
`
`be fastened by way of mere soldering points 14 to the resistance connections 10a and 10b. As an
`
`alternative, the carrier board 12 can also be fastened in a conductive manner by way of short
`
`scythe—type lines bent upward by 900 of the transmission connections 10a and 10b to the
`
`measuring shunt 3. The soldering points 14 or the connections of the scythe—type lines are
`
`arranged as closely as possible to the resistance element 11; Paragraph [0022] Line 16-27);
`
`a temperature sensor [13] installed on a surface of the protruding part (FIG. 3
`
`essentially illustrates the details of the measuring shunt 3 and arrangements of a temperature
`
`sensor 13, 13a or 13b and a possible connection of these components with the electronic unit 4;
`
`

`

`Application/Control Number: 15/327,373
`
`Page 6
`
`Art Unit: 2866
`
`Paragraph [0022] Line 1-4; Figure 3 shows that the temperature sensor 13 is installed on a
`
`surface of the protruding part of the board 12) 0f the board [12] which faces the first and
`
`second bus bars [10b], [10a] (Figure 3 shows temperature sensor faces the bus bars 10a and
`
`10b); and
`
`a heat transfer member which is provided between the temperature sensor [3] and
`
`the terminal (In a heat—conducting manner, the temperature sensor 13 is arranged directly on the
`
`clamp body 1, for example, by means of a heat—conducting bonding agent; Paragraph [0023]
`
`Line 5-8).
`
`Regarding claim 2, Heim teaches a battery sensor, wherein
`
`the terminal includes a projection portion at a location which corresponds to the
`
`temperature sensor [13] (Figure 3 shows that the terminal of the circuit board 12 includes a
`
`projection portion at a location which corresponds to the temperature sensor), wherein
`
`the battery sensor device further includes a resin mold (Mixed material with epoxy
`
`resin as the main constituent is preferably also used for the carrier board 12 of the electronic unit;
`
`Paragraph [0022] Line 12-15) which forms a side wall such that a recess portion having the
`
`projection portion as a bottom surface is formed, and wherein the heat transfer member is
`
`provided in the recess portion (The temperature sensor 13b is connected with the carrier board
`
`12, for example, by way of soldering points in order to prevent the connection wires. However, a
`
`recess in the carrier board 12 may be required for the temperature sensor 13b; Paragraph [0023]
`
`Line 14-18).
`
`

`

`Application/Control Number: 15/327,373
`
`Page 7
`
`Art Unit: 2866
`
`11.
`
`Claims 3—7 are allowed.
`
`Allowable Subject Matter
`
`12.
`
`The following is an examiner’s statement of reasons for allowance:
`
`Regarding claim 3, the prior art of record as considered and understood by the examiner
`
`fails to teach or fairly suggest:
`
`wherein a fastener between the board and the metal part is disposed outside a first circle
`
`with a first radius that is a shortest, distance from the center of the clamp part to the sealer, and
`
`inside a second circle centered on the center of the clamp part with a second radius obtained by
`
`adding a length three times a maximum bearing surface width of the fastener, or a length three
`
`times a maximum width of a contact surface between the board and the metal part at the
`
`fastener, to the radius of the first circle that is the shortest distance from the center of the clamp
`
`part to the sealer.
`
`The most pertinent prior art of record to Teramoto et al. (US 20110187346 A1), failed to
`
`specifically teach the invention as claimed. Teramoto teaches, “A current flowing through a
`
`battery terminal to a harness, the current detecting deVice includes a fixed part to which the
`
`harness is fixed and electrically connected; a resistor inserted between the battery terminal and
`
`the fixed part; a circuit board in which a current detection circuit is mounted, the current
`
`detection circuit detecting current flowing through the resistor based on a potential difference
`
`

`

`Application/Control Number: 15/327,373
`
`Page 8
`
`Art Unit: 2866
`
`between two points along an energizing direction of the resistor; and a case housing the resistor
`
`and the circuit board (Paragraph [0010]). FIG. 5 shows a current detecting device 100B is
`
`disposed such that a large portion of the case 130, excluding the connector 140, and a circuit
`
`board l20A accommodated there within are each parallel with the upper surface 200A of the
`
`battery 200 (Paragraph [0084]). In the current detecting device 100B, the respective positions of
`
`the first and second fixed parts 212 and 114 are set such that the center of the second fixed part
`
`114 is disposed within a circular area that, from the center of the first fixed part 212 is the radius
`
`of the second fixed part 114 multiplied by a predetermined value (preferably 3.5, as described
`
`above) (Paragraph [0086]). FIG. 6A to FIG. 6C are diagrams of overall configurations of other
`
`variation examples of the current detecting device. In FIG. 6A to FIG. 6C shows the positional
`
`relationship between the first and second fixed parts, and a rough shape of the bus bar serving as
`
`a resistor (Paragraph [0088]).” However, the invention of Teramoto, even if modified, does not
`
`alone or in combination with the other art of record, teach or fairly suggest “wherein a fastener
`
`between the board and the metal part is disposed outside a first circle with a first radius that is
`
`a shortest, distance from the center of the clamp part to the sealer, and inside a second
`
`circle centered on the center of the clamp part with a second radius obtained by adding a length
`
`three times a maximum bearing surface width of the fastener, or a length three times a maximum
`
`width of a contact surface between the board and the metal part at the fastener, to the radius of
`
`the first circle that is the shortest distance from the center of the clamp part to the sealer.” and
`
`also in combination with all other elements in claim 3 distinguish the present invention from the
`
`prior art.
`
`

`

`Application/Control Number: 15/327,373
`
`Page 9
`
`Art Unit: 2866
`
`Claims 4-7 are allowed by virtue of their dependence from claim 3.
`
`Conclusion
`
`13.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure:
`
`Teramoto et al. (US 20110187346 A1) discloses, “Current detecting device”.
`
`Nentwig et al. (US 20110050240 A1) discloses, “Battery Measuring Clamp”.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NASIMA MONSUR whose telephone number is (571)272—8497.
`
`The examiner can normally be reached on MON—FRI: 7.30AM—5.00PM 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, Melissa Koval can be reached on 5712722121. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571—273—8300.
`
`

`

`Application/Control Number: 15/327,373
`
`Page 10
`
`Art Unit: 2866
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/NASIMA MONSUR/
`
`Examiner, Art Unit 2866
`
`/MELISSA KOVAL/
`
`Supervisory Patent Examiner, Art Unit 2866
`
`