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 .
Objections
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claims 9 and 16 call for a first rib and a second rib which are not found/described in the specification; in addition, claim 25 further calls for the first rib extends above the recessed surface from each of the first sidewall and the back wall, (similar for the second rib), they are not described in the specification.
35 U.S.C. 112(a) Rejections
Claims 1-27 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. See below explanation.
Claims 1-27 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claim 1: the newly amended feature: “the frame extends above an upper-most surface and the housing and below a lower-most surface of the housing”. The original disclosure 0039 and 0043 mentioned “frame 20” when describing the power unit 10, this is shown in figs. 11-19 and described in paragraphs 0038 to 0043. The housing is identified as housing 32, the “upper surface” is element 12 (note: the term “upper-most” surface is not used), it appears that element 12 might be considered upper most surface, the frame 20 is clearly not above this upper surface 12 on fig. 11, not to mention that there is no description of the lower-most surface, therefore, it is considered as a new matter under 112(a) and also fails the enablement requirement under 112(a) as the disclosure fails to demonstrate how the frame is above the upper most surface.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, claim-1: the frame extends above an upper-most surface and the housing and below a lower-most surface of the housing; claim-26: latch recess and latch must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections – 35 USC § 102
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.
Claim(s) 1-7, 9-13, 15-16 and 18-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fleischmann (US 2017/0165828).
Regarding claim 1, Fleischmann shows a power supply unit (Fleischmann’s figs. 1-3: element 21; see power cable 94, power supply 95; also ¶ 0042) comprising:
a housing (24, 90, 98, 12, 13, 21 etc);
an upper surface of the housing (upper surface of housing 24 on below fig. 2 for receiving elements 50, 52 etc.);
a first coupler (92) located along and defined in the upper surface (upper surface of housing on below fig. 2), the first coupler (92) comprising a recessed surface (receptacle 92) and configured to couple the upper surface (upper surface of housing on below fig. 2) of the power supply unit to a bottom surface (locations of 48, 50-52) of a modular storage unit (20), wherein the recessed surface (receptacle 92) faces upward (viewing from the bottom of housing 24, 98);
a battery (174, 195 in fig. 1; see ¶1002);
a frame (frames on fig. 2) coupled to and positioned around the housing (24, 98) such that the frame (frame-1 on fig. 2) extends above (frame-1 on fig. 2) an upper-most surface (upper surface of housing 24 on fig. 2) of the housing (24, 98) and below (frame-3 and wheel 93 on fig. 2) a lower-most surface (lower surface 24 on fig. 2) of the housing (24, 98) and
a power outlet (94) positioned on an exterior surface of the housing (24, 90) and in electrical communication with the battery (¶0090: … a battery or another energy store would be easily conceivable as well. Via the mains cable 94; see also battery 174, cable 194 on fig. 1; ¶s 0042, 0102).
Regarding claim 9, Fleischmann shows a power supply unit (Fleischmann’s fig. 2, element 21; see power cable 94, power supply 95; also ¶ 0042) comprising:
a housing (24, 90, 98, 12, 13, 21 etc.);
an upper surface of the housing (upper surface of housing 24 on below fig. 2 for receiving elements 50, 52 etc.), the upper surface facing in a first direction (i.e. upward viewing from 21 to 22);
a first interface (92) located along the upper surface (upper surface of housing 24 on fig. 2), the first interface (92) comprising a coupling component (receptable 92) comprising a recessed surface (bottom surface of receptable 92), a first rib (first receptacle rib 92 catching 50) and a second rib (a second receptable rib 92 catching 53), each of the first rib (the first rib 92) and second rib (the second rib 92) extending above the recessed surface (bottom surface of receptable 92), the coupling component (receptable 92) configured to couple the upper surface (upper surface of housing 24) of the power supply unit (21) to a bottom surface of a modular storage unit (22), wherein the recessed surface (bottom surface of 92) faces in the first direction (upward viewing from 21 to 22);
a first power outlet (94) positioned on an exterior surface of the housing (24, 90, 98) and configured to provide alternating current (AC) electricity (¶0090: AC); and
a second power outlet (i.e. 72) positioned on the exterior surface of the housing (10, 20, 21, 22 are all stackable; ¶0076; ¶0042: at least one charging station … charging contacts may be provided … An auxiliary charging location, for example for a spare energy store or battery, is preferably provided as well) and configured to provide direct current (DC) electricity (i.e. ¶0100: DC … into the bus lines 70a via the feed-in interface 72).
Regarding claim 16, Fleischmann shows a power supply unit assembly (Fleischmann’s fig. 2, element 21; see power cable 94, power supply 95; also ¶ 0042) comprising:
a power supply unit (Fleischmann’s fig. 2, element 21; see power cable 94, power supply 95; also ¶ 0042) comprising:
a housing (24, 90, 98, 12, 13, 21 etc);
an upper surface of the housing (upper surface of housing 24 on below fig. 2 for receiving elements 50, 52 etc.), the upper surface facing outward from the housing (i.e. outward viewing from 21 to 22);
a battery (174, 195 in fig. 1; see ¶0102);
a plurality of coupling components (plurality of 92 for 50, 53 etc.) located along the upper surface (upper surface of housing 24 on fig. 2), each of the plurality of coupling components [i.e. coupling components on 24 for engaging abutment contours 48, 49 (¶ 0098)] comprising a recess (for engaging with 48-49) facing outward (viewing from 21 to 20) from the housing (24, 90, 98), a first rib (first receptacle rib 92) and a second rib (second receptacle rib 92 catching 53), each of the first rib (first receptacle rib 92) and second rib (the second receptacle rib 92) extending above the recessed surface (upper surface 24), the plurality of coupling components [(coupling components on 24 for engaging abutment contours 48, 49 (¶ 0098)] configured to couple the upper surface (upper surface 24) of the power supply unit (21) to a bottom surface (bottom surface of 22) of a modular storage unit (22); and
a mount (i.e. 82 in fig. 3) coupled to the housing (24, 90, 98, 21, all these elements are stackable), the mount (82) configured to couple to a power tool battery charger (87);
a power tool battery charger (87) physically coupled to the mount (82) and electrically coupled to the battery (¶0052: the machine receptacle has positive-locking contours which preferably match the external contour of the hand-operated power tool with perfect fit … functions can be provided, i.e. data, electric energy), the power tool battery charger (87) comprising a docking station (i.e. securing 202 or 203) configured to physically couple to a power tool battery (battery 202 or 203)and provide electricity to the power tool battery (battery 202 or 203) from the battery (174, 195 in fig. 1; see ¶1002; 70b in figs. 1 and 3).
Fleischmann (US 2017/0165828) is annotated as below.
PNG
media_image1.png
725
975
media_image1.png
Greyscale
Regarding clams 2, 10 and 19, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a storage compartment (i.e. stacks 12-13) defined at least in part by the housing (24, 90, 98, 12, 13, 21, 22 etc).
Regarding clam 3, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a plurality of wheels (93) rotatably coupled to the housing, and a handle (i.e. 143) coupled to the housing (24, 90, 98, 12, 13, 21, 22 etc).
Regarding clams 4 and 11, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a power tool battery charger (87) detachably coupled (87 and stack 21 can be detached from other stacks 12-13 etc) to the power supply unit, the power tool battery charger (87) electrically coupled to the battery (195).
Regarding clams 5 and 12, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a display (96) that indicates various aspects of the power supply unit (figs. 1-3).
Regarding clams 6 and 15, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a handle rotatably (¶0081: a pivotable handle 43) coupled to the housing (24, 90, 98, 12, 13, 21 etc), the upper surface configured to receive the handle (i.e. stack 13 stacked on upper surface of other stacks; also a handle functions as a handle when it’s on top of other stacks).
Regarding clam 7, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising the power outlet (94) configured to provide alternating current (AC) electricity (¶0090: AC), the power supply unit (figs. 1-3) comprising a second power outlet (72) configured to provide direct current (DC) electricity (¶0100: DC … into the bus lines 70a via the feed-in interface 72) .
Regarding clam 13, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a battery (174, 195 in fig. 1; see ¶0102).
Regarding clam 18, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a power outlet (i.e. 94).
Regarding clam 20, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a frame (frames 1-4) coupled to and surrounding the housing (24, 90, 98, 12, 13, 21 etc.) and a plurality of wheels (93) rotatably coupled to the housing, and a handle (143) coupled to the housing (24, 90, 98, 12, 13, 21 etc.).
Regarding clam 21, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising the frame (frames 1-4) protrudes outward from the exterior surface of the housing (24, 90, 98, 12, 13, 21 etc.) and wherein the power outlet (94, 95) is recessed (see 95 which is inside) relative to an outer surface of the frame (frames 1-4).
Regarding clam 22, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a second power outlet (194) positioned on the exterior surface of the housing (24, 90, 98, 12, 13, 21 etc.).
Regarding clam 23, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a latch recess (i.e. 92) located along the upper surface (upper surface 24).
Regarding clam 24, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising the latch recess (92) is configured to engage with a latch (50) extending from the bottom surface of the modular storage unit (22).
Regarding clam 25, Fleishmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising a first sidewall, a second sidewall opposite the first sidewall, and a backwall (four side walls of 24), each of which extending upward from the recessed surface (upper surface 24) , wherein the first rib (first 92) extends above the recessed surface (upper surface 24) from
each of the first sidewall and the backwall (walls 24 and rib 92 are integral of each other ), and the second rib (second 92) extends above the recessed surface (upper surface 24) from each of the second sidewall and the backwall (walls 24 and rib 92 are integral of each other).
Regarding clam 26, Fleishmann shows the power supply unit comprising a
latch recess (i.e. 48) located along the upper surface, the latch recess configured to engage with a latch (i.e. 46; note: positions of latch recess 48 and latch 46 can clearly be interchangeable without affecting their locking function) extending from the bottom surface of the modular storage unit (11-13).
Regarding clam 27, Fleishmann shows the power supply unit assembly wherein each of the plurality of coupling components [i.e. coupling components on 24 for engaging abutment contours 48, 49 (¶ 0098)] comprising a first sidewall, a second sidewall opposite the first sidewall, and a backwall (these coupling components are a physical object which has various walls in order to create the object itself), each of which extending upward from the recessed surface (above upper surface 24), wherein the first rib (i.e. one of plurality of 92) extends above the recessed surface from each of the first sidewall and the backwall, and the second rib (i.e. one of plurality of 92) extends above the recessed surface (above upper surface 24) from each of the second sidewall and the backwall.
Claim Rejections – 35 USC § 103
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.
Claim(s) 8, 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fleischmann (US 2017/0165828) in view of Brown (US 2010/0231161).
Regarding clam 8, 14 and 17, Fleischmann shows the power supply unit (Fleischmann’s figs. 1-3) comprising the power outlet (94) configured to provide alternating current (AC) electricity (¶0090: AC), the power supply unit (figs. 1-3) comprising a second power outlet (72) configured to provide direct current (DC) electricity (¶0100: DC … into the bus lines 70a via the feed-in interface 72).
Fleischmann differs from the claimed invention in that it does not explicitly show that the second power outlet is a USB compatible outlet. However, Fleischmann’s second power outlet (72) is configured to provide direct (DC) electricity (¶0100). Brown, in the same field of transport container as Fleischmann, teaches providing a container (i.e. fig. 1) having a power outlet which is USB [Brown: fig. 1, ¶0026: USB (Universal Serial Bus) interfaces 122b] compatible outlet. Hence, it would have been obvious for one skilled in the art before the effective filing data of the application to modify Fleischmann with a USB compatible outlet to provide DC electricity as taught by Brown, because the concept of providing DC electricity from the container to power electrical devices is already taught by Fleischmann, and the use of USB outlet on Fleischmann’s and Brown’s container is dictated by the devices being stored in the container. In other words, this can be considered as an intended use of Fleischmann’s and Brown’s container in relation to devices which require UBS ports in order to receiver power from the container (see Brown
¶
0003
)
.
Response to Arguments
On pages 8 and 11 of applicant’s arguments, applicant argues that Fleischmann stack elements 22 and 24 disclose no first rib and second rib.
The examiner disagrees. First, applicant’s disclosure doesn’t have a clear description about the first and second ribs. Second, from Fleischmann’s fig. 2, the claimed recessed surface can be mapped onto Fleischmann’s recessed surface of stacks 21 and 24 which receive another stack 22; then the claimed first and second ribs can be mapped onto coupling components (receptacles 92), noted that based on the positions of Fleischmann’s abutments 48, , 50, 52 and 53 which are coupled to their respective receptacles or ribs 92, these receptacles/ribs 92 on Fleischmann are above the recessed surface. Therefore, these claimed features are met.
On pages 9-12, applicant argues about “the frame”. The examiner disagrees. First, the amended “frame extends above an upper-most surface…” might potentially create a 112(a) issues, see 112 rejections above. Second, the claimed frame is mapped and explained in details on the current102 rejection above, see comments and annotations on Fleischmann’s fig. 2 above.
The Fry reference is currently removed from the rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK CHIANG whose telephone number is (571)272-7483. The examiner can normally be reached on Monday to Friday from 8am to 6pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kiesha Bryant, can be reached at telephone number 571-272-3606. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/JACK CHIANG/Supervisory Patent Examiner, Art Unit 2851
Prosecution Insights