Prosecution Insights
Last updated: May 29, 2026
Application No. 18/081,806

BATTERY PACK, POWER TOOL, AND ELECTRIC VEHICLE

Final Rejection §103§112
Filed
Dec 15, 2022
Priority
Jun 19, 2020 — JP 2020-105871 +1 more
Examiner
CULLEN, SEAN P
Art Unit
1725
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Murata Manufacturing Co. Ltd.
OA Round
3 (Final)
69%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
850 granted / 1233 resolved
+3.9% vs TC avg
Strong +29% interview lift
Without
With
+28.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
1271
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
70.1%
+30.1% vs TC avg
§102
10.7%
-29.3% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1233 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06 April 2026 has been entered. Status of Claims and Other Notes Claims 1–18 are pending. Claims 1–9 and 11–18 are being treated on their merits. Claim 10 are withdrawn from consideration. 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. Specification Applicants' amendments have overcome the objections to the specification. Claim Rejections - 35 USC § 112 Applicants' amendments have overcome the rejections of claims 1–9 and 11–14 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Claim Rejections - 35 USC § 103 Claims 1–9 and 11–18 are rejected under 35 U.S.C. 103 as being unpatentable over Yano et al. (WO 2018/199192 A1; see English language equivalent, US 2020/0088440 A1; hereinafter Yano) in view of Shimizu et al. (US 2014/0308550 A1, hereinafter Shimizu). Regarding claims 1, 8 and 9, Yano discloses a battery pack (see battery packs, [0002]) comprising: an exterior case (11) having a hole portion (12, [0067]); an attachment member (51) attached from outside of the exterior case (11) to the hole portion (12, [0093]); and a restricting member (8) fitted to the attachment member (51, [0093]), wherein the attachment member (51) has a plurality of claw portions (7, [0071]), the attachment member (51) is attached to the exterior case (11) with the plurality of claw portions (7) directly inserted into the hole portion (12, [0096]), the restricting member (8) is inserted into the hole portion (12) of the exterior case (11, [0096]), with the plurality of claw portions (7) sandwiched by the restricting member (8) and an inner wall (16) of the hole portion (12, [0072]), such that the restricting member (8) restricts a movable range of each of the claw portions (7) in a direction parallel to a surface of the exterior case (11) around the hole portion (12, [0093]), the restricting member (8) is configured as a member separate from the exterior case (11, [0092]), and the plurality of claw portions (7) are separated by a gap between each of the plurality of claw portions (7, FIG. 7A). wherein the restricting member (8) is provided at a part of an outer surface of a battery holder (11, [0093]); the restricting member (8) is provided at a part of an inner case (11, [0093]). Yano does not explicitly disclose: a battery unit; a battery holder that stores the battery unit, and wherein an inner case in which the battery unit is stored is provided inside the exterior case. Shimizu discloses battery packs (20) include a battery unit (100, [0050]), a battery holder (40) that stores the battery unit (100, [0050]), wherein an inner case (51) in which the battery unit (100) is stored is provided inside an exterior case (20, [0051]). While Yano does disclose said battery pack, it does not explicitly disclose the configuration of said battery pack. As the reference is not limited to any specific examples of configuration for the battery packs, battery packs comprising battery units, battery holders, and inner cases were well known in the art at the time the invention was made, as evidenced by Shimizu. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use any configuration, including a battery unit, battery holder, and inner case in the battery pack of Yano. Said combination would amount to use of a known element for its intended use in a known environment to accomplish entirely expected result. Regarding claim 2, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the attachment member (51) is fixed to a recess provided in the exterior case (11, [0093]). Regarding claim 3, modified Yano discloses all the claim limitations as set forth above, but does not explicitly disclose a battery pack: wherein the attachment member (51) is a pressure regulating member including an air-permeable membrane (3, [0067]). Regarding claim 4, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the attachment member (51) has a circular section (FIG. 7A, [0069]), and the plurality of claw portions (7) are arranged along a sectional shape of the attachment member (51, [0071]), and the restricting member (8) is provided inside the plurality of claw portions (7, [0093]). Regarding claim 5, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the restricting member (8) has a columnar shape (FIG. 7A, [0093]). Regarding claim 6, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the attachment member (51) has a polygonal section (FIG. 1, [0067]), and the plurality of claw portions (7) are arranged along a sectional shape of the attachment member (51, [0071]), and the restricting member (8) is provided inside the claw portion (7, [0093]). Regarding claim 7, modified Yano discloses all the claim limitations as set forth above and further discloses further a battery pack: wherein the restricting member (8) has a polygonal columnar shape (FIG. 7A, [0093]). Regarding claim 13, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein each claw portion (7) has a locking piece (6) protruding in a direction normal to the surface of the exterior case (11) around the hole portion (12, [0068]), and each locking piece (6) is engaged with a periphery of the hole portion (12, [0068]). Regarding claim 14, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack further comprising: an o-ring (9) formed from an elastic member (FIG. 2, [0081]), wherein the exterior case (11) is sandwiched between each locking pieces (6) and the o-ring (9, [0081]). Regarding claim 15, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the attachment member (51) is attached in a sliding engagement to the exterior case (11, [0075]). Regarding claim 16, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the plurality of claw portions (7) are inserted into the hole portion (12) and extend past an opening of the hole portion (12) and into the exterior case (11, [0067]). Regarding claim 17, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the gap between each of the plurality of claw portions (7) is arranged in a circumferential direction with respect to the hole portion (12, [0093]). Regarding claim 18, modified Yano discloses all the claim limitations as set forth above and further discloses a battery pack: wherein the plurality of claw portions (7) extend inward into the exterior case (11) along an insertion direction (20) with respect to the hole portion (12) and away from an attachment member base (14) of the attachment member (51, [0093]). Regarding claims 11 and 12, Yano discloses a battery pack (see battery packs, [0002]) comprising: an exterior case (11) having a hole portion (12, [0067]); an attachment member (51) attached from outside of the exterior case (11) to the hole portion (12, [0093]); and a restricting member (8) fitted to the attachment member (51, [0093]), wherein the attachment member (51) has a plurality of claw portions (7, [0071]), the attachment member (51) is attached to the exterior case (11) with the plurality of claw portions (7) directly inserted into the hole portion (12, [0096]), the restricting member (8) is inserted into the hole portion (12) of the exterior case (11, [0096]), with the plurality of claw portions (7) sandwiched by the restricting member (8) and an inner wall (16) of the hole portion (12, [0072]), such that the restricting member (8) restricts a movable range of each of the claw portions (7) in a direction parallel to a surface of the exterior case (11) around the hole portion (12, [0093]), the restricting member (8) is configured as a member separate from the exterior case (11, [0092]), and the plurality of claw portions (7) are separated by a gap between each of the plurality of claw portions (7, FIG. 7A). Yano does not explicitly disclose: a battery unit; and the battery pack is used in a power tool or an electric vehicle. Shimizu discloses battery packs (20) include a battery unit (100, [0050]) and are used in power tools and electric vehicles (see battery packs, [0085]). While Yano does disclose said battery pack, it does not explicitly disclose said battery pack is used in a tool or an electric vehicles. As the reference is not limited to any specific examples of applications for the battery packs, tools and electric vehicles comprising battery packs were well known in the art at the time the invention was made, as evidenced by Kano. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use any application, including a tool or an electric vehicle in the battery pack of Yano. Said combination would amount to use of a known element for its intended use in a known environment to accomplish entirely expected result. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Muramatsu (JP 2014-222694 A) discloses an exterior case (100) having a hole portion (110, [0018]); an attachment member (10) attached from outside of the exterior case (100) to the hole portion (110, [0018]); and a restricting member (60) fitted to the attachment member (10, [0029]), wherein the attachment member (10) has a plurality of claw portions (51, [0023]), the attachment member (10) is attached to the exterior case (100) with the plurality of claw portions (51) directly inserted into the hole portion (110, [0023]), the restricting member (60) is inserted into the hole portion (110) of the exterior case (100, [0029]), with the plurality of claw portions (51) sandwiched by the restricting member (60) and an inner wall (100a) of the hole portion (110, [0029]), such that the restricting member (60) restricts a movable range of each of the claw portions (51) in a direction parallel to a surface of the exterior case (100) around the hole portion (110, [0029]), the restricting member (60) is configured as a member separate from the exterior case (100, [0029]), and the plurality of claw portions (51) are separated by a gap between each of the plurality of claw portions (51, [0023]). 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. 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. /Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
Read full office action

Prosecution Timeline

Show 1 earlier event
Oct 07, 2025
Non-Final Rejection mailed — §103, §112
Dec 09, 2025
Response Filed
Jan 07, 2026
Final Rejection mailed — §103, §112
Feb 26, 2026
Applicant Interview (Telephonic)
Feb 27, 2026
Examiner Interview Summary
Apr 06, 2026
Request for Continued Examination
Apr 07, 2026
Response after Non-Final Action
Apr 16, 2026
Non-Final Rejection (signed) — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
69%
Grant Probability
98%
With Interview (+28.8%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1233 resolved cases by this examiner. Grant probability derived from career allowance rate.

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