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 .
This is response to Application 18/028,413 filed on 03/24/2023 with Preliminary Amendment, claims 1-2, 5-7, 9, 11, 13-20, 22, 24, and 28-29 are pending in the office action.
Claims 1-2, 5-7, 9, 11, 13-20, 22, 24, and 28-29 have been amended.
Claims 3-4, 8, 10, 12, 21, 23, and 25-27 have been canceled.
Claim Objections
Claim 9 is objected to because of the following informalities: line 2, replaces “the wall portions” with -- walls portions --. Appropriate correction is required.
Claim interpretation
As per claims 1, 28, and 26: recited “a holding device for arrangement on a battery pack” to be interpreted as “a holding device for arrangement on top of a battery pack via a drill/machine tool body”, not necessary directly on a battery.
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.
Claim(s) 1, 7, 9, 11, 24, 28, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dils et al., (U.S. Pat. 7150587).
As per claim 1: Dils discloses a holding device (‘580, fig. 2-5, removably attachable portion 30 (holding device)) for arrangement (i.e., sit on the drill body on top of battery 26, see fig. 3 and fig. 5) on a battery pack of a machine tool, comprising at least one receptacle (‘580, fig. 1-5, an electric hand-held power drill (i.e., a machine tool) 10 and battery pack 26, the removably attachable portion 30 has recess 38 (i.e., receptacle) and sit on the drill body on top of battery 26, fig. 2-5) for holding a tool, an accessory or a consumable for the machine tool (‘580, fig. 2-5, the removably attachable portion 30 has recess 38 (i.e., receptacle) for holding tool bit 40).
As per claim 28: a battery pack of a machine tool (‘580, fig. 1-5, battery pack 26 of an electric hand-held power drill 10 (i.e., a machine tool)) comprising a holding device for arrangement on the battery pack (‘580, fig. 2-5, removably attachable portion (holding device) 30 sit on the drill body on top of battery 26, col. 2, ll. 9-10), comprising at least one receptable for holding a tool, an accessory or a consumable for the machine tool (‘580, fig. 2-5, the removably attachable portion 30 has recess 38 (i.e., receptacle) for holding tool bit 40).
As per claim 29: Dils discloses a machine tool (‘580, fig. 1-5, an electric hand-held power drill (i.e., a machine tool) 10 and battery pack 26), comprising a battery pack (‘580, fig. 1-5, battery pack 26) and a holding device for arrangement on the battery pack (‘580, fig. 2-5, removably attachable portion (holding device) 30 sit on the drill body on top of battery 26), comprising at least one receptacle for holding a tool, an accessory or a consumable for the machine tool (‘580, fig. 2-5, the removably attachable portion 30 has recess 38 (i.e., receptacle) for holding tool bit 40).
As per claim 7: the holding device according of claim 1, characterized in that the holding device can be placed on the battery pack and can be reversibly removed from the battery pack, the holding device at least partially surrounding the battery pack in the mounted state (‘580, fig. 4, the holding device 30 at least partially surrounding the battery pack in the mounted state, fig. 2 and fig. 5, the holding device 30 can be reversibly removed state).
As per claim 9: Dils discloses the holding device according of claim 1, characterized in that the wall portions comprise end wall portion and longitudinal side wall portion which connect the end wall portions to one another, wherein a recess is formed on each of the longitudinal wall portions (‘580, fig. 2-3, a recess 38 is formed on each of the longitudinal wall portions).
As per claim 11: Dils discloses the holding device according of claim 1, characterized in that a receptacle for holding a tool, an accessory or a consumable is formed on a longitudinal side or on both longitudinal sides of the holding device on the base portion, wherein an increasing portion in which the depth of the receptacle decreases is formed at one end or at both ends of the receptacle (‘580, fig. 2-3, recess 38, depth decreases at one end).
As per claim 24: Dils discloses the holding device according to claim 1, characterized in that the holding device has a light source, in that the holding device has a wire tracer, in that the holding device has a charging device for electrical charging of mobile terminals and/or on that the holding device has a coupling device for coupling holding means (‘580, fig. 3-4, light source 36 and 72).
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.
Claim(s) 2, 5-6, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dils et al., (U.S. Pat. 7150587).
As per claim 2: Dils teaches the holding device according to claim 1, characterized in that the receptacle is formed as a retaining groove or as a receiving channel wherein the groove cross section of the retaining groove is delimited by a groove base and by at least one lateral wall, when the tool, accessory or consumable is introduced into the retaining groove and holds the tool accessory part or consumable in the retaining groove (‘580, fig. 2-3, recess 38 and a detent formed by two opposing spring protrusion 42 to hold and retain the bit/tool).
Dils does not teach wherein the at least one lateral wall is formed to be elastically deformable.
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention known Dils’s recess’s spring protrusion 42 can be elastically deformable to hold and retain the bit without undue experiment.
As per claims 5-6: Dils teaches characterized in that the holding device at least partially covers the battery pack (‘580, fig. 2-5) and can be configured/integrated or fixed connected to different locations or parts of the drill body (‘587, fig. 5-6).
However, Dils does not teaches the holding device is integrated into (claim 5) or (claim 6) fixed connected to the battery pack.
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention can configure/integrate into or fixed connect to the Dils’ battery 26 as a single piece would be merely a matter of obvious engineering choice (see Schenckv.Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983)).
As per claim 13: Dils teaches the holding device according of claim 2, characterized in that one or more permanent magnets are arranged on the groove base, in the groove base or adjacent to the groove base in the base portion, and/or on the lateral walls (‘580, the abstract, fig. 2, magnetic at the tray bottom 32).
Claim(s) 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dils et al., (U.S. Pat. 7150587) in view of Hsu (U.S. Pat. 6,152,639).
As per claims 14-15 and 17-19: Dils teaches that the receptacle extends along a longitudinal direction on sides or top and are arranged parallel to one another, wherein receptacle adjacent to one another are separated from one another by a partition wall (‘587, fig. 2, receiving tool bits 40 are parallel and separated, and also shown as fig. 6 of the opposite side of tray/holding device 30).
Dils does not teach the holding device formed at the base portion of battery pack or the bottom side of the base portion.
Hsu teaches the tool/bit holder can be configured at the bottom of the base portion for the tool seat on (‘639, fig. 3, 109/110).
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention to combine Hsu and Dils configured/arranged the tool/bit holder at different location whether the side, bottom, or the base portion or the direction sideway or longitudinal of the tool or the battery pack that would not change the operation of holding device (receiving tool bit) (see In reJapikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
As per claim 16: Dils teaches the holding device according of claim 15, characterized in that one or more permanent magnets are arranged at the bottom tray 32 for holding bits/tools (‘580, fig. 2-4).
Dils and Hsu do not teach that one or more permanent magnets are arranged in each partition wall or in each second partition wall.
However, Dils teaches the holding device includes recesses 38 (opposite side of tray 30) and a detent formed by two opposing spring protrusion 42 to hold and retain the bit/tool (‘580 fig. 2-3, recess 38 and a detent formed by two opposing spring protrusion 42 to hold and retain the bit/tool).
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention would modify Dils’s to replace spring protrusion 42 with magnetic portion that would hold the tools/bits as same function of the spring protrusion without undue experiment (In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Claim(s) 20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dils et al., (U.S. Pat. 7150587) in view of Kerner (U.S. Pat. 7,591,616).
As per claim 20: Dils teaches the holding device according to claim 1, characterized in that the holding device includes recess 38 and a detent formed by two opposing spring protrusion 42 to hold and retain the bit/tool (‘580, fig. 2-5, recess 38 and a detent formed by two opposing spring protrusion 42 to hold and retain the bit/tool).
Dils does not teach holding device is partially or completely formed from a thermoplastic elastomer.
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention known Dils’s recess’s spring protrusion 42 can be elastically (thermoplastic) deformable to hold and retain the bit without undue experiment.
Dils does not teach holding device has a cover made of rubber.
Kerner teaches a detachably mountable hand drill tool bit holder and static tool presenting apparatus holds a plurality of bits for use with a hand drill tool. The apparatus is made of a resilient rubber or rubber-like material (‘616, the abstract, fig. 8-11a).
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention using Kerner rubber or rubber-like material tube to replace with Dils’s recess’s spring protrusion for fictionally holding the tools/bits without having to line-up the bit to a particular hole or aperture (‘616, col. 2, ll. 25-40).
As per claim 22: Dils does not teach holding device is formed from a hard component and a soft component, the soft component at least partially surrounding the hard component and in that the surface of the holding device is non-slip or that the holding device has a cover made of anti-slip material
Kerner teaches a detachably mountable hand drill tool bit holder and static tool presenting apparatus holds a plurality of bits for use with a hand drill tool. The apparatus is made of a resilient rubber or rubber-like material (‘616, the abstract, fig. 8-11a), and the holding device is formed from a hard component (‘616, fig. 4, 10) and a soft component (‘616, fig. 4-5, 30), the soft component at least partially surrounding the hard component and in that the surface of the holding device is non-slip or that the holding device has a cover made of anti-slip material (‘616, fig. 1).
It would have been obvious to one of ordinary skill in the art at the time of the effective filling date of claimed invention using Kerner rubber or rubber-like material tube to modify Dils’s recess’s for fictionally (anti-slip) holding the tools/bits. The tube can be disposable and replaceable in case wear and tear (‘616, col. 3, ll. 1-4).
Conclusion
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NGHIA M. DOAN
Primary Examiner
Art Unit 2851
/NGHIA M DOAN/Primary Examiner, Art Unit 2851