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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 9/23/2025 is acknowledged. The traversal is on the grounds that instant claim 7 has been amended into dependent form to depend from claim 1, thus including all of the features of claim 1. This is found persuasive because claim 7 is now dependent from claim 1, including all of the features of claim 1 and is no longer independent and distinct over claim 1.
The requirement is therefore WITHDRAWN.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The 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.
Claims 4, 9, 12 and 15-16 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 4, 9 and 12 each recite the limitations "the different shaped batteries" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of this office action, “the different shaped batteries” will be interpreted as “different shaped batteries. Further, claims 15-16 are rejected since they depend from claim 4.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1, 2, 4, 5, 7, 9, 10 and 15 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Lu et al. (US 2017/0084891).
Regarding claim 1, Lu et al. discloses in Figs 1-9, an electronic device (ref 100) comprising a positive terminal (one of ref 423, “+” Fig 2 below), a negative terminal (another of ref 423, “-“ Fig 2 below) and a detachable (Fig 2, [0024]) battery holder (ref 40) that holds a battery (ref B), wherein the positive terminal (one of ref 423, “+” Fig 2 below) and the negative terminal (another of ref 423, “-“ Fig 2 below) are arranged side by side (Fig 2), the battery holder (ref 40) comprises a battery unit (structure of ref B and “Spacer” and adjoining structure, Figs 2, 8 below) together with the battery (ref B) and a spacer (“Spacer”, Fig 8 below) defining a position of the battery (ref B), the battery unit (Figs 2, 8) includes a positive terminal ([0026], ref 421, left side, Fig 2 below) and a negative terminal ([0026], ref 421, right side, Fig 2 below) arranged side by side (Fig 2) on one end side (bottom, Fig 2 below) of the battery unit (Figs 2, 8), the battery holder (ref 40) has an upright wall portion (bottom surface protruding upward outward/Z-axis of ref 41, Figs 2, 8 below, “Wall”) formed at one end (bottom, Fig 2) of the battery holder (ref 40) and configured to come into contact with (Fig 2) and support the battery (ref B) so as to expose the positive terminal ([0026], ref 421, left side, Fig 2 below) and the negative terminal ([0026], ref 421, right side, Fig 2 below) of the battery unit, and the positive terminal (one of ref 423, “+” Fig 2 below) and the negative terminal (another of ref 423, “-“ Fig 2 below) of the electronic device (ref 100) is formed to be contractible ([0026], elastic).
PNG
media_image1.png
454
300
media_image1.png
Greyscale
PNG
media_image2.png
320
311
media_image2.png
Greyscale
Regarding claim 7, Lu et al. discloses in Figs 1-9, a battery holder (ref 40) that holds a battery (ref b) applied to an electronic device (ref 100) as set forth above, including a positive terminal (one of ref 423, “+” Fig 2 below), a negative terminal (another of ref 423, “-“ Fig 2 below) arranged side by side (Fig 2), the battery holder (ref 40) comprises a battery unit (structure of ref B and “Spacer” and adjoining structure, Figs 2, 8 below) together with the battery (ref B) and a spacer (“Spacer”, Fig 8 below) defining a position of the battery (ref B), the battery unit (Figs 2, 8) includes a positive terminal ([0026], ref 421, left side, Fig 2 below) and a negative terminal ([0026], ref 421, right side, Fig 2 below) arranged side by side (Fig 2) on one end side (bottom, Fig 2 below) of the battery unit (Figs 2, 8), the battery holder (ref 40) has an upright wall portion (bottom surface protruding upward outward/Z-axis of ref 41, Figs 2, 8 below, “Wall”) formed at one end (bottom, Fig 2) of the battery holder (ref 40) and configured to come into contact with (Fig 2) and support the battery (ref B) so as to expose the positive terminal ([0026], ref 421, left side, Fig 2 below) and the negative terminal ([0026], ref 421, right side, Fig 2 below) of the battery unit, and the positive terminal (one of ref 423, “+” Fig 2 below) and the negative terminal (another of ref 423, “-“ Fig 2 below) of the electronic device (ref 100) is formed to be contractible ([0026], elastic).
Regarding claim 2, Lu et al. discloses all of the claim limitations as set forth above and also discloses the wall portion (“Wall”, Fig 8 above) is located between (“Mid-wall”, Fig 8 above) the positive terminal (one of ref 423, “+” Fig 2 above) and the negative terminal (another of ref 423, “-” Fig 2 above) of the electronic device (ref 100).
Regarding claims 4 and 9, Lu et al. discloses all of the claim limitations as set forth above and also discloses the spacer (“Spacer”, Fig 8 above) is provided for each of different shaped batteries ([0025], different shaped batteries, AA, AAA, 9-volt square batteries, are disclosed therein and as such the spacer is fit accordingly therein).
Regarding claims 5, 10 and 15, Lu et al. discloses all of the claim limitations as set forth above and also discloses a positive electrode ([0026], ref 421, left side, Fig 2 above) and a negative electrode ([0026], ref 421, rights side, Fig 2 above) of the battery (ref B) are the positive terminal and the negative terminal (depicted in Figs 2, 8, battery B inserted) of the battery unit (Figs 2, 8), and the spacer (“Spacer”, Fig 8 above) is brought into contact with (Figs 2, 8) the battery holder (ref 40) and one end (Fig 8) of the battery (ref B).
Claim Rejections - 35 USC § 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 (i.e., changing from AIA to pre-AIA ) 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 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 non-obviousness.
Claims 3, 8, 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2017/0084891) as applied to claim 1 above, and further in view of Oogami (US 2004/0016455).
Regarding claims 3 and 8, Lu et al. discloses all of the claim limitations as set forth above but does not explicitly disclose the battery holder includes claws holding the battery and the spacer.
Oogami discloses in Figs 1-20, a battery module (ref 1) including a plurality of cells (refs 10) contained in cell holders (refs 2). The cell holders include hooks (refs 28b) thereon to secure cells and holders to one another ([0079], Fig 5b). This configuration enhances the overall structural integrity of the electronic device structure ([0079], Figs 5A-B).
Oogami and Lu et al. are analogous since both deal in the same field of endeavor, namely, batteries.
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the hook structures disclosed by Oogami to the cell holder & spacer of Lu et al. to enhance secureness of the cells into the holder and enhance overall structural integrity of the electronic device.
Regarding claim 12, modified Lu et al. discloses all of the claim limitations as set forth above and also discloses the spacer (“Spacer”, Fig 8 above) is provided for each of different shaped batteries ([0025], different shaped batteries, AA, AAA, 9-volt square batteries, are disclosed therein and as such the spacer is fit accordingly therein).
Regarding claim 13, modified Lu et al. discloses all of the claim limitations as set forth above and also discloses a positive electrode ([0026], ref 421, left side, Fig 2 above) and a negative electrode ([0026], ref 421, rights side, Fig 2 above) of the battery (ref B) are the positive terminal and the negative terminal (depicted in Figs 2, 8, battery B inserted) of the battery unit (Figs 2, 8), and the spacer (“Spacer”, Fig 8 above) is brought into contact with (Figs 2, 8) the battery holder (ref 40) and one end (Fig 8) of the battery (ref B).
Claims 6, 11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2017/0084891) as applied to claim 1 above, and further in view of Yabe et al. (US 4,828,944).
Regarding claims 6, 11 and 16, Lu et al. discloses all of the claim limitations as set forth above and also discloses the spacer (“Spacer”, Fig 8 above) includes a base member (“Base”, Fig 8 above), and the base member (“Base”, Fig 8 above) is provided with retainers (“Retain”, protruding edges, Fig 8 above, on each side of batteries) configured for holding the battery (ref B), positive terminal ([0026], ref 421, left side, Fig 2 above) and the negative terminal ([0026], ref 421, right side, Fig 2 above) of the battery unit (Figs 2, 8) that are electrically connected (Figs 2, 8) to the battery (ref B).
Lu et al. does not explicitly disclose the cell is a button cell.
Yabe et al. discloses in Figs 1-8, a small electronic device that is powered by a relatively small button battery cell (C1/L5-8). A button battery cell is used since it is small, fitting the needs of the small electronic device (C1/L5-8).
Yabe et al. and Lu et al. are analogous since both deal in the same field of endeavor, namely, batteries.
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the button cell of Yabe et al. into the electronic device of Lu et al. based on small power requirements of the electronic device, a button cell fitting therein.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2017/0084891) in view of Oogami (US 2004/0016455) as applied to claim 3 above, and further in view of Yabe et al. (US 4,828,944).
Regarding claim 14, modified Lu et al. discloses all of the claim limitations as set forth above and also discloses the spacer (“Spacer”, Fig 8 above) includes a base member (“Base”, Fig 8 above), and the base member (“Base”, Fig 8 above) is provided with retainers (“Retain”, protruding edges, Fig 8 above, on each side of batteries) configured for holding the battery (ref B), positive terminal ([0026], ref 421, left side, Fig 2 above) and the negative terminal ([0026], ref 421, right side, Fig 2 above) of the battery unit (Figs 2, 8) that are electrically connected (Figs 2, 8) to the battery (ref B).
Lu et al. does not explicitly disclose the cell is a button cell.
Yabe et al. discloses in Figs 1-8, a small electronic device that is powered by a relatively small button battery cell (C1/L5-8). A button battery cell is used since it is small, fitting the needs of the small electronic device (C1/L5-8).
It would have been obvious to one of ordinary skill in the art at the time of filing to incorporate the button cell of Yabe et al. into the electronic device of Lu et al. based on small power requirements of the electronic device, a button cell fitting therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Nishida et al. (US 2014/0363716) discloses in Figs 1-11, a battery holder ([0047]) including a button cell (ref 15) held by securing structures (refs 26, 27).
Bauer (US 2020/0038285) discloses in Figs 1-10, an electronic device (ref 3) including a battery compartment (ref 26) housing a battery holder (ref 24). The battery holder (ref 24) includes structures ([0055]) securing it into place within the electronic device (ref 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH J DOUYETTE whose telephone number is (571)270-1212. The examiner can normally be reached Monday - Friday 8A - 4P 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, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KENNETH J DOUYETTE/Primary Examiner, Art Unit 1725