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 .
Status of Claims and Other Notes
Claims 1–7 and 9–19 are pending.
Claims 1–7, 9, and 11–19 are being treated on their merits.
Claim 10 is withdrawn.
Claim 8 is canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0120375 A1.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1–7, 9, and 11–19 are 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.
Claim 1 recites the limitation "the restricting member extends from the battery holder into a space inside the plurality of claw portions." Applicants have indicated this limitation is supported by the original disclosure by FIG. 4 and paragraph [0057]. FIG. 4 illustrates the restricting member 132 extending from the connector 103 of the circuit board 105. FIG. 4 appears to illustrate and paragraph [0054] appears to describe the plate-like portion 131 of the restricting portion 130 extending from the battery holder 152/153. Emphases added. The restricting portion 130 is composed of a restricting member 132 extending downward from a plate-like portion 131. Therefore, claim 1 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.
Claims 2–7 and 9 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–7 and 9 also contain 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.
Claims 11 and 12 each recite the limitation "the battery pack according to claim 1" and include all the limitations of claim 1. Therefore, claims 11 and 12 also contain 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.
Claims 13–19 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 13–19 also contain 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.
Response to Arguments
Applicant’s arguments with respect to claims 1–7, 9, and 11–19 have been considered but are moot because the new ground of rejection does not rely on any reference 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.
Otsuka (JP S6330543 Y2) discloses an exterior case (3) having a hole portion (3a, [0018]); an attachment member (20) attached from outside of the exterior case (3) to the hole portion (3a, [0020]); and a restricting member (30) configured to be fitted to the attachment member (20, [0016]), wherein the attachment member (20) has a plurality of claw portions (26, [0015]), the attachment member (20) is attached to the exterior case (3) with the plurality of claw portions (26) directly inserted into the hole portion (3a, [0020]), the restricting member (30) is inserted into the hole portion (30a) of the exterior case (3, [0020]), with the plurality of claw portions (26) sandwiched by the restricting member (20) and an inner wall of the hole portion (3a, [0020]), such that the restricting member (30) restricts a movable range of each of the claw portions (26) in a direction parallel to a surface of the exterior case (3) around the hole portion (3a, [0022]), the restricting member (30) is configured as a member separate from the exterior case (3) and the attachment member (20, [0022]), and the restricting member (30) extends into a space inside the plurality of claw portions (26) so as to restrict inward movement of each of the plurality of claw portions (26, [0022]), and the plurality of claw portions (26) are separated by a gap between each of the plurality of claw portions (26, [0015]).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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 A 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.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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