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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 September 2025 has been entered.
Response to Arguments
Applicant's arguments have been considered but are moot in view of the new grounds of rejection below. The rejection is no longer based on anticipation but rather obviousness. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-4, 6-11, 14-17, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Fauteux et al. (WO 2017/143597 A1 cited in IDS, using US PG Pub 2019/0020072 as an English equivalent, of record) in view of Jubro (US PG Pub 2015/0206461 newly cited).
In regard to claim 1, Fauteux et al. teach a battery pack, comprising: a) a housing 20; and b) two or more battery cells (sets CL1 to CL10, battery sets 68 of cells 42) located in the housing (figure 9); the two or more battery cells interconnected by a configurable connector (terminal holder 32 configurable connector switched between first status and second status - shown in figure 1-6, paragraphs [0064-0069]; or dual purpose terminal holder 250, figure 15, paragraph [0077]) which is configured to enable electrical connections between the two or more battery cells;
the configurable connector comprising a plurality of first electrical terminals (conductors 52, connectors 252, metal clips 68 of battery) connected to the two or more battery cells, and a terminal holder 32, 250 adapted to be removably connected to the plurality of the first electrical terminals (metal clips 68 of battery cells); wherein, the terminal holder is adapted to be installed to the housing in a first orientation (i.e. first status) at which the two or more battery cells are electrically connected, or in a second orientation (i.e. second status) at which the two or more battery cells are not electrically connected (first embodiment or figures 4-8, paragraphs [0065-0070] or second embodiment of figures 15, paragraphs [0073-0077])
and wherein the terminal holder comprising a plurality of second electrical terminals (intermediate connectors 252a, conductors 52); one of the plurality of the second electrical terminals always engaging with a same one of the plurality of the first electrical terminals (metal clips 58), when the terminal holder is installed to the housing in the first orientation or the second orientation (whether switch 56 is on or off, conductors 52 connect to the same clips 58; alternatively, all of the conductors are considered engaged with each other in the dual purpose holder 250 embodiment in both orientations shown in Figure 15a and 15b).
In regard to the amendment, Fauteux et al. teach a first latch mechanism adapted to lock the terminal holder on the housing (lever for connecting to snap fit joint 36, 136 - figure 2 and 10, paragraph [0063]). Claim 1 now differs in calling for the first latch mechanism comprising a fixed end pivotally coupled to the housing, a moveable end opposite the fixed end, and an arm extending between the fixed end and the moveable end. However, Jubro teaches a similar battery housing (cassette 30) for a portable tool and the desirability to provide a latch mechanism adapted to lock the battery holder on the housing comprising a fixed end (first end 66) pivotally coupled to the housing 30, a moveable end (second end 67) opposite the fixed end, and an arm 65 extending between the fixed end and the moveable end, the movable end having a fastening hook 71 which communicates with a fastening flange 72 because such allows for easy maneuvering of the battery cassette when components need to be replaced (paragraphs [0046-0054], figures 2-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a fixed end and pivoting end with an arm therebetween on the housing of the battery pack of Fauteux et al. as such allows for easy replacement and maneuvering of the components as taught by Jubro. Further, a person of ordinary skill in the art would appreciate the ability to include the fastening system on either or both the housing or the terminal holder as such achieve the same functionality.
In regard to claim 2, Fauteux et al. teach the first orientation of the terminal holder and the second orientation of the terminal holder are 180 degrees different from each other (switch being on or off, paragraph [0068], alternatively, dual purpose terminal holder 250 rotates 180 degrees as seen in Fig 15a to 15b).
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In regard to claim 3, Fauteux et al. teach the terminal holder 32 comprises three said second electrical terminals 52 arranged substantially along a straight line; the configurable connector comprising three first electrical terminals; a middle one of the three second electrical terminals always engaging with a same one of the first electrical terminals 59 (see conductors 52 and clips 58 in figure 7, paragraph [0069]).
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In regard to claim 4, Fauteux et al. teach the terminal holder 32 further comprises multiple sets of the second electrical terminals 52 arranged substantially along a straight line; within at least one set of the multiple sets of the second electrical terminals, a plurality of said second electrical terminals arranged along a direction substantially perpendicular to the straight line (see conductors 52 and clips 58 in figure 8, paragraph [0069]).
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In regard to claims 6-9, Fauteux et al. teach the first latch mechanism (snap fit joints 36, 136, 236) comprises a locking member pivotally connected to the housing 20, the locking member adapted to cooperate with a corresponding locking feature on the terminal holder 150 to lock the terminal holder on the housing, wherein one end of the locking member is pivotally connected to the housing, and another end of the locking member is adapted to move relative to the housing and removably secured to the housing, wherein said another end of the locking member is adapted to be locked to the housing by snap-fitting, the locking member 136 is adapted to pivot within a plane substantially vertical to a direction of installing the terminal holder 150 to the housing 20; the locking feature of the terminal holder being a groove formed on the terminal holder which is adapted to at least partially accommodate the locking member (see Figures 2, 10 and 15, paragraphs [0034, 0071, 0077] - dummy holder 150 shown in annotated figure above but same structure applies to terminal holders 32, 232). In the combination of Jubro the locking arm with pivotably movable and fixed portions would be incorporated on the housing to achieve the benefits described above.
In regard to claim 10 and 11, Fauteux et al. teach the first latch mechanism comprises a fastening member 136 movably configured on the terminal holder; the fastening member adapted to removably engage with a corresponding locking feature on the housing to lock the terminal holder on the housing, the fastening member is adapted to rotate relative to the terminal holder 150; the fastening member further comprising an actuating end and a fastening end, (see Figures 2 and 10, paragraphs [0034, 0071]).
In regard to claim 14-15, Fauteux et al. teach the first latch mechanism comprises a resilient member 136, 236 configured on the terminal holder 150, 232; the resilient member adapted to engage with a corresponding locking feature (mating recess) on the housing to lock the terminal holder on the housing 20, the resilient member comprises a hook end; the locking feature on the housing comprising a catch to which the hook end is adapted to removably engage (see annotated figure 10 above, figure 15).
In regard to claim 16, Fauteux et al. teach a second latch mechanism (including pressing area 30 and post 34) adapted to lock the battery pack to a power tool or a battery charger (paragraph [0062-0063]).
In regard to claim 17, Fauteux et al. teach the second latch mechanism further comprises a detent (resilient means connected to post 34) movable between a first position at which the detent does not lock the battery pack to the power tool or the battery charger, and a second position at which the detent cooperates with a geometrical feature on the power tool or the battery charger; the detent connected with a user- actuated member (unlocking lever), the movement of which urges the detent to move between the first position and the second position (paragraph [0063]).
In regard to claim 22, Fauteux et al. teach the first electrical terminals and the second electrical terminals are selected from the group consisting of: bent metal plates and metal strips (see figure 7 and 8 above, paragraphs [0066-0069]).
In regard to claim 23, Fauteux et al. teach a circuit board 38 on which the configurable connector is configured (paragraph [0066]) is provided.
Claims 12-13 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Fauteux et al. and Jubro as applied to claim 1 or 17 above, and further in view of Meng et al. (CN 103802075 cited in IDS using applicant’s provided machine translation).
In regard to claim 12, Fauteux et al. teach the battery pack of claim 11 above but does not disclose wherein the fastening end of the fastening member is formed with exterior threads; the locking feature on the housing being interior threads formed in a cylindrical hole formed on the housing. However, Meng et al. teach a similar battery pack with a snap fit joint receiving and connecting portion and the desirability to further provide the fastening end of the fastening member is formed with exterior threads; the locking feature on the housing being interior threads (pivot portion 142) formed in a cylindrical hole (connecting portion 132) formed on the housing because such allows for the power tool battery pack to be made more compact by allowing pivoting (see figures 1 and 2, pages 5 and 6 of machine translation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the threaded connecting and pivoting portion in the battery pack of Fauteux et al. as such allows for a compact design as taught by Meng et al.
In regard to claim 13, Meng et al. teach the fastening end of the fastening member 140 has an asymmetrical cross-sectional shape; the locking feature 132 on the housing being a through-hole with corresponding asymmetrical shape to the asymmetrical cross-sectional shape of the fastening end because such ensures proper installation of the components.
In regard to claim 18 and 19, Fauteux et al. teach the battery pack of claim 17, wherein the detent 34 is connected with the user-actuated member (pad 30) by an integral intermediate member (see annotated figure 5 below) as applied above but does not specifically disclose the intermediate member pivotally connected to the housing.
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However, as noted above, the ability to connect the members in a pivotable fashion allows for a compact design as taught by Meng et al. above. Further, forming members integral or separately is an obvious design choice depending on the desired properties of the individual components (see MPEP 2144.04 Part V).
In regard to claim 20, Fauteux et al. teach the detent 34 is adapted to move along a direction which is substantially parallel to a longitudinal direction of the user-actuated member when the user-actuated member is not actuated by a user (paragraph [0063]).
In regard to claim 21, Meng et al. teach the intermediate member is connected by pins to the housing; the pins acting as hinges for the intermediate member (see figure 1). Duplication of the prior art components is an obvious design choice (i.e., securing with multiple pins from opposite sides versus a single side - see MPEP 2144.04 Part VI).
Claims 24-30 are rejected under 35 U.S.C. 103 as being unpatentable over Fauteux et al. and Jubro as applied to claim 1 or 23 above, and further in view of Elfering et al. (US PG Pub 2018/0366697 newly cited).
In regard to claim 24, Fauteux et al. teach the battery pack of claim 23 above, but do not disclose the circuit board is coated with a waterproof coating. However, Elfering et al. teach a similar battery pack for a power tool including a circuit board connected to battery charge and discharge terminals (see abstract, figures 16 and 21) and the desirability to provide a vapor deposited coating 264 on various electronic components of the circuit board which provides ingress protection but does not affect the other properties of the device (paragraphs [0206-0221]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a vapor deposited waterproof coating in the battery pack of Fauteux et al. as such prevent ingress and does not affect other properties as taught by Elfering et al.
In regard to claim 25, Elfering et al. teach the desirability to include a state of charge indicator (paragraph [0200]) with the circuit board (i.e., a display element adapted for diagnosis purposes).
In regard to claims 26-28, Elfering et al. teach for at least one of the two or more battery cells, a gasket (gasket 30, an O-ring or seal 34) is affixed to an electrode thereof; the gasket cooperating with a contact pad soldered to the electrode to provide a waterproof function and/or the housing is configured with an O-ring sealing member located around an opening of the housing; the opening adapted to receive an external component (such as terminals of power tool) which fits with the housing; the sealing member adapted to seal the opening when the external component is installed to the housing (see paragraphs [0232-0244) because such aids in preventing ingress into the battery pack.
In regard to claim 29, “the sealing member is made of overmold material” relates to a product by process limitation (see MPEP 2113) which does not distinguish the claimed product from the prior art, in any event, the vapor deposited coating 264 described by Elfering et al. is reasonably considered an overmold material.
In regard to claim 30, in the combination, Fauteux et al. teach the external component is the terminal holder which would be provided with the waterproof treatment of Elfering et al. in order to achieve the ingress protection taught by the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ogura et al. (US Pub 2014/0302353) teaches a similar water proof battery pack for a power tool and Hanawa et al. (US Pub 2008/0061738) teaches a similar battery pack with configurable terminals.
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.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723