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 Notice of Appeal
The Notice of Appeal filed 12/26/2025 has been entered and has been fully considered and is persuasive. The rejections of claims 1-13 have been withdrawn. Claims 1-13 are pending in the application
Claim Rejections - 35 USC § 102/103
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 4, and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by IIDA et al. (US 20180126534 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over IIDA et al. (US 20180126534 A1) in view of Hiers (US 5278002 A) and further in view of PETRUS (US 20230021944 A1).
Regarding claims 1, IIDA et al. discloses a hand-held power tool (101/102), comprising: a tool holder (34); at least one drive motor (2) configured to drive the tool holder ([0037-0040, 0052], figs. 1-2); a housing (10 – 11/13) in which the at least one drive motor (2) is disposed; a rechargeable battery pack (two batteries 9/one battery group 900) configured to supply power to the at least one drive motor ([0058-0062, 0069], figs. 1-2);
a rechargeable battery pack interface (6) configured to couple with the rechargeable battery pack (9) and to form a primary support for the rechargeable battery pack (9), when the rechargeable battery pack is coupled with the rechargeable battery pack interface, in response to a mechanical shock applied to the coupled rechargeable battery pack; and
at least two intermediate elements (70- protection parts 72, 77) configured to form a secondary support for the coupled rechargeable battery pack in response to the mechanical shock applied to the coupled rechargeable battery pack, the at least two intermediate elements disposed on the housing (10) in the region of, and spaced apart from, the rechargeable battery pack interface ([0058-0072], see figs. 1-2 battery mounting part 6 spaced apart and perpendicular to 72/77, with space between battery and protection parts 72, 77 are rubber), and
wherein the at least two intermediate elements are disposed in such a way that a respective specified distance between each of the at least two intermediate elements (parts 72, 77 extend from lower part 137, “front and rear protection parts 72, 77 are mounted to cover these protruding portions” [0078], in fig. 3, 72/77 provide distance between each) and the coupled rechargeable battery pack is provided (see figs. 1-3 with space between battery and 71/76 and protection parts 72, 77), which decrease in a direction toward the at least two intermediate elements in response to the mechanical of shock (protection parts 72, 77 are rubber which will decrease in a direction toward the at least two intermediate elements/protection parts (72, 77) in response to the mechanical of shock when the shock direction is toward the at least two intermediate elements (72, 77 [0070-0082], figs. 1-4).
IIDA et al. also discloses/teaches that L-shaped covering member 79 with side surface part 792 and side rubber rear protection part 78 can be added and disposed on the housing (10) in the region of, and spaced apart from, the rechargeable battery pack interface ([0084-0092], fig. 5) for having additional protection from mechanical of shock in which the distance between the intermediate element (792/78) and the battery decrease in a direction toward the at least two intermediate elements in response to the mechanical of shock since the plate will bend and the rubber will compress ([0084-0092], fig. 5) and teaches having reinforcing members (803, 805 fig. 11) arranged on the intermediate elements/protection parts (700-71, 76, fig. 11) and states “at least a portion of the reinforcing member 803 and at least a portion of the reinforcing member 805 may be respectively fixed to outer surfaces of the front and rear protection parts 71, 76” [0117]. IIDA et al. also teaches having adjustable intermediate elements/protection parts (80-83/88) and the intermediate elements/protection parts can protrude as far as need to protect the battery from response to the mechanical of shock/external force [0118-0129], figs. 5-12).
In the alternative, if it can be argued that IIDA et al. fails to disclose the at least two intermediate elements disposed on the housing in the region of, and spaced apart from, the rechargeable battery pack interface having a respective specified distance between each of the at least two intermediate elements and the coupled rechargeable battery pack is provided which decrease in a direction toward the at least two intermediate elements in response to the mechanical of shock -
Hiers teaches having an insulated battery box (2) that surrounds a battery pack with a battery interface (21) having at least two intermediate elements (30/31) comprise polyurethane, (col. 6, lines 47-67, col. 8, lines 7-43) and have a thickness of between 2 mm and 8 mm (col. 2, lines 38-59, col. 6, lines 47-67, col. 7, lines 1-40, col. 8, lines 7-43, figs. 1-3) wherein the at least two intermediate elements are attached to the housing via an adhesive connection and/or welds which have a respective specified distance between each of the at least two intermediate elements and the coupled battery pack will decrease in a direction toward the at least two intermediate elements in response to the mechanical of shock since the intermediate elements (30/31) will compress (col. 6, lines 1-37, col. 7, lines 40-67, col. 8, lines 44-67, col. 9, lines 7-22, col. 10, lines 44-61, figs. 1-3).
PETRUS teaches a handheld tool (10/10’/10”) with a battery pack interface (16/18/18’/18” and 20/20’/20”, figs. 1-43) for a battery pack (100 [0052-0057], figs. 1-7 and 38-43) with an intermediate element (42/42’/42″, figs. 1-27) having a respective specified distance between each of the intermediate element and the coupled rechargeable battery pack is provided which decrease in a direction toward the intermediate element in response to the mechanical of shock ([0058-0082], figs. 8-37).
PETRUS states: “vibration isolation element 42″ may be a generally U-shaped part having opposing side walls 96a, 96b and a rear wall 98” [0073]… This configuration isolates the tool housing 12″ from the battery pack interface 18″ and allows the battery pack interface 18″ to move independently from the tool housing 12″. Sandwiching the vibration isolation element 42″ between the tool housing 12″ and the battery pack interface housing 20″ keeps the vibration isolation element 42″ in place” [0078]… vibration isolation element 42″ may be wrapped around the battery pack interface housing 20″ and then the battery pack interface housing 20″/vibration isolation element 42″ assembly may then be assembled with the power tool housing 12″ [0079].
Given the teachings of IIDA et al. to have an intermediate elements/protection parts/vibration damping element to protect the corners and protection parts disposed on the housing in the region of, and spaced apart from, the rechargeable battery pack interface to protect the sides of the battery, and having adjustable intermediate elements/protection parts, it 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 to modify the at least two intermediate elements disposed on the housing in the region of, and spaced apart from, the rechargeable battery pack interface having a respective specified distance between each of the at least two intermediate elements and the coupled rechargeable battery pack is provided which decrease in a direction toward the at least two intermediate elements in response to the mechanical of shock to have different regions with vibration protective elements to further dampen the battery, aid in absorbing heat to prevent bonding, and/or for improved fitting purposes (tighter fit in the gap) as taught by Hiers and PETRUS
Regarding claim 4, IIDA et al. discloses the at least two intermediate elements comprise polyurethane [0078-0081, 0088-0090].
Regarding claim 8, IIDA et al. discloses the adjustable intermediate elements/protection parts (80-83/88) and the intermediate elements/protection parts can protrude as far as need to protect the battery from response to the mechanical of shock/external force and are detachably disposed on the housing (screws 839, 889 with the screw holes 832, 882 of the bases 831, 881 [0118-0129], fig. 12).
Regarding claims 9-11, IIDA et al. discloses the rechargeable battery pack interface extends along a first plane, the housing includes a housing portion (136) on which the intermediate element(s) (72/77) are disposed the housing portion extends along a second plane, and the first plane intersects the second plane ([0058-0072], see figs. 1-3 battery mounting part 6 on a plane that is perpendicular to the housing 136 front and rear walls with 72/77) wherein: the housing portion includes a first lateral surface which is disposed such that it faces the coupled rechargeable battery pack, the coupled rechargeable battery pack includes a second lateral surface which is disposed such that it faces the housing portion (see figs. 1-2), the second lateral surface extends along the second plane and the respective specified distances are provided between the first lateral surface and the second lateral surface (figs. 1-3) and further comprising electronics (controller 5 is electrically connected to the motor 2, the switch 145 and the battery mounting part 6 [0057]) that are disposed in the housing portion [0070-0082], figs. 1-4).
Regarding claim 12, IIDA et al. fails to disclose the housing portion includes two housing half-shells, and at least one of the at least two intermediate elements is attached to each of the two housing half-shells.
PETRUS teaches the similar power tool (10/10’/10”) housing portion includes two housing half-shells (12a/12b, figs. 1-6 and 27) with a battery interface (16/18/18’/18” and 20/20’/20”, figs. 1-43) with a isolation system (42/42’/42″, figs. 1-27) having at least two intermediate elements (42” is U shaped has two opposing side walls 96a, 96b and a rear wall 98) that are attached to each of the two housing half-shells ([0058-0082], figs. 8-37).
Regarding claim 13, IIDA et al. discloses at least one rechargeable battery pack guide rail (603) configured to couple with the rechargeable battery pack interface (6 via 93), the at least one rechargeable battery pack guide rail (603) extending from a rearward portion of the rechargeable battery pack (two batteries 9/one battery group 900) to a forward portion of the rechargeable battery pack; and a forwardmost lateral side of the rechargeable battery pack located forwardly of the at least one rechargeable battery pack guide rail, wherein the specified distance between the at least two intermediate elements (72, 77) and the coupled rechargeable battery pack is defined by the at least two intermediate elements and the forwardmost lateral side (space is defined between forward lateral side and shown [0070-0082], figs. 1-4). IIDA et al. also discloses/teaches that L-shaped covering member 79 with side surface part 792 and side rubber rear protection part 78 ([0084-0092], fig. 5) and teaches having reinforcing members (803, 805 fig. 11) arranged on the intermediate elements/protection parts (700-71, 76, fig. 11) and states “at least a portion of the reinforcing member 803 and at least a portion of the reinforcing member 805 may be respectively fixed to outer surfaces of the front and rear protection parts 71, 76” [0117].
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as obvious over IIDA et al. (US 20180126534 A1) in view of Hiers (US 5278002 A) in view of PETRUS (US 20230021944 A1) and further in view of Burger et al. (US 20150132988 A1).
Regarding claims 2-3, IIDA et al. discloses the rechargeable battery pack interface (6) on housing (136) with sliding support (46/47) which has springs 41 and the second spring 42 that bias the housing 136 having relative to housing (11) and have a “upper sliding part 46 and the lower sliding part 47 each serve as a sliding guide for guiding the first housing 11 and the second housing 13 to move with respect to each other in the working axis A1 direction” [0045] and the front and rear mounting parts (61, 66) of battery pack interface (6) has a hook engagement part 601 that engages biased hook (91 [0045-0063], figs. 1-2).
IIDA et al. fails to disclose the support is a spring-decoupled contact holder, wherein: the rechargeable battery pack interface cooperates with the spring-decoupled contact holder so as to maintain electrical contact of the coupled rechargeable battery pack at the rechargeable battery pack interface in response to the mechanical shock as the coupled rechargeable battery pack moves from a mechanical receptacle into contact with the primary support and the secondary support and the specified distance is 2.5mm±1mm.
Burger et al. teaches a hand-held power tool (1, [0022, 0042], fig. 1), comprising: a tool holder (2); at least one drive motor (5) a rechargeable battery pack (18) and having a spring-decoupled contact holder (bracket 56 and/or 50/53/56/57/52 and in groove walls of longitudinal grooves 48 form stops with play/gaps, [0029-0034], figs. 1-5), wherein: a rechargeable battery pack interface (21/36) cooperates with the spring-decoupled contact holder so as to maintain electrical contact of the coupled rechargeable battery pack at the rechargeable battery pack interface in response to the mechanical shock as the coupled rechargeable battery pack moves from a mechanical receptacle into contact with the primary support and the secondary support ([0035-0041], figs. 1-8) teaches the specified distance is 2.5mm±1mm ([0032-0036], figs. 1-6). Burger et al. also teaches a specified distance (51/54/55, figs. 1 and 3) between the at least two intermediate elements and the rechargeable battery pack (18) is provided which decreases in the direction of the at least two intermediate elements in the event of a shock pulse to the rechargeable battery pack (0.1 mm to 0.3 mm and travel distance 51, 54 of 2 mm to 5 mm and vertical 0.5 mm to 2 mm), and wherein the at least two intermediate elements form the secondary support when the rechargeable battery pack abuts the at least two intermediate elements (for keeping the battery electrical contacts protected from vibrations [0008, 0028-0042], figs. 1-8). Burger et al. also teaches the battery pack (18) has a contact carrier (63) made of an electrically insulating material like plastic [0038].
Given the teachings of IIDA et al. to have to have a vibration damping sliding support for a support housing having a sliding support, it 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 to modify the vibration damping system with having the support be a spring-decoupled contact holder, wherein: the rechargeable battery pack interface cooperates with the spring-decoupled contact holder so as to maintain electrical contact of the coupled rechargeable battery pack at the rechargeable battery pack interface in response to the mechanical shock as the coupled rechargeable battery pack moves from a mechanical receptacle into contact with the primary support and the secondary support and the specified distance is 2.5mm±1mmto have different regions with vibration elements, to further dampen the battery, maintain electrical connection when the battery moves/slides, and/or for improved fitting purposes as taught by Burger et al.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as obvious over IIDA et al. (US 20180126534 A1) in view of Hiers (US 5278002 A) in view of PETRUS (US 20230021944 A1) and further in view of Almqvist et al. (US 20220193879 A1).
Regarding claims 5-7, IIDA et al. also teaches having reinforcing members (803, 805 fig. 11) arranged on the intermediate elements/protection parts (700-71, 76, fig. 11) and states “at least a portion of the reinforcing member 803 and at least a portion of the reinforcing member 805 may be respectively fixed to outer surfaces of the front and rear protection parts 71, 76” [0117] and teaches having adjustable intermediate elements/protection parts (80-83/88) and the intermediate elements/protection parts can protrude as far as need to protect the battery from response to the mechanical of shock/external force [0118-0129], figs. 5-12).
IIDA et al. fails to discloses the at least two intermediate elements have a thickness of between 2 mm and 8 mm, a Shore hardness of between 60 Shore and 70 Shore wherein the at least two intermediate elements are attached to the housing via an adhesive connection.
Hiers teaches having an insulated battery box (2) with a battery interface (21) having at least two intermediate elements (30/31) comprise polyurethane, (col. 6, lines 47-67, col. 8, lines 7-43) and have a thickness of between 2 mm and 8 mm (col. 2, lines 38-59, col. 6, lines 47-67, col. 7, lines 1-40, col. 8, lines 7-43, figs. 1-3) wherein the at least two intermediate elements are attached to the housing via an adhesive connection and/or welds (col. 6, lines 1-37, col. 7, lines 40-67, col. 8, lines 44-67, col. 9, lines 7-22, col. 10, lines 44-61, figs. 1-3).
Almqvist et al. teaches a similar power tool (100/800) having a battery pack interface (battery compartment 150) with two intermediate elements (780) comprise polyurethane (rubber bushings, [0089-0101], figs. 1 and 7-9) having bellows (170) around the battery compartment and housing with a Shore hardness of between 60 Shore and 70 Shore ([0085], claim 5, figs. 1 and 7-9).
Given the teachings of IIDA et al. to have the intermediate elements comprise rubber and adjustable intermediate elements/protection parts lengthened or shortened for different sized batteries, it 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 to modify the at least two intermediate elements to comprise polyurethane, have a thickness of between 2 mm and 8 mm, a Shore hardness of between 60 Shore and 70 Shore wherein the at least two intermediate elements are attached to the housing via an adhesive connection to have the electronics protected from vibrations and dirt/debris, improved dampening, insulation, and/or adhesive/glue for easier attachment purposes as taught by Hiers and Almqvist et al.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
VAN DER LINDE et al. (US 20130058711 A1) with pivoting damped (catch 66 with spring) battery housing [0083] and [0097].
Thorson et al. (US 20140326477 A1)- power tool (10 [0015], fig. 1) with two housing half-shells (34A, 34B), battery interface (42) with two intermediate elements (interface member 74, isolators 78, elastomeric members 94) that are attached (interface member 74 fits between the two clamshell halves 34A, 34B and isolators 78 received in openings 106106 in the housing 14/34A/34B) to each of the two housing half-shells ([0019-0025], figs. 1-7). Thorson et al. states: “isolation system 70 is configured to allow the housing 14 to move in six degrees of freedom (i.e., forward-backward, up-down, and side-to-side) relative to the battery pack 30 such that certain frequencies of vibrations are not transferred to the battery pack 30, regardless of the direction of that particular vibration” [0021]
EP 3653340 A1- Sliding battery interface (10) dampened against the housing (90) via damper element (30 or 40) and see references form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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/ROBERT F LONG/Primary Examiner, Art Unit 3731