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 Arguments
Applicant's arguments filed 4/2/2026 have been fully considered but they are not persuasive.
The Office Action mailed 1/22/2026 provided a detailed rejection (items by items matching) of how Mergener discloses each and every claimed limitation.
Regarding claim 1, applicant argues that “If element 408 is considered the claimed button and element 416 is considered the claimed latch, it is not clear how element 414 may then be considered the claimed switch, since element 414 is part of the coupling mechanism 408, and is considered an actuator / button” (see page 6). The examiner will have the same position as explained in the telephone interview summary, that figure 5 shows element 408 as a button and figure 6 shows element 414 as a switch. One of ordinary skill in the art would reasonably understand that when the user depresses the button 408 it will also depress the switch 414 causing the device to operate (or connectable/disconnectable for “mechanically, electrically, and/or communicatively” see [0060]); that button 408 and switch 414 of cited art Mergener work just the same as claimed limitations button and switch of the applicants as described in their own specification “such that when the button 142 moves laterally inwardly, the switch 178 is contacted and pressed/activated by the button 142” (see [0057].)
For at least of above explanation, the rejection of claim 1 stands.
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Regarding claim 2, applicant argues that “Mergener does not disclose that its fuel gauge 422 is coupled to a switch that is activated by a button having a latch, as claimed. Rather, Mergener discloses a separate push button for its fuel gauge 422” (see page 8). The button/switch (is) are used in the rejection should be the same button 408 and switch 414. The examiner will have the same position as explained in the telephone interview summary that figure 5 shows a fuel gauge indicator (422) arranged next to the switch (414), and they both are located in the same battery case, it is reasonably understood that they are electrically/mechanically coupled (or connected) directly/indirectly to each other, such that Mergener discloses claim 2 as “wherein the switch is coupled to a fuel gauge indicator.”
For at least of above explanation, the rejection of claim 2 stands.
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.
Claim(s) 1-3, 5, and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by No.: US 2016/0311094 (hereinafter as Mergener as previously cited)
Regarding claim 1, Mergener discloses a battery pack (fig. 5, 400 and [0060]) comprising:
a housing (fig. 5, 402);
a cover (fig. 5, 403) coupled to the housing, wherein the housing and the cover define an interior configured to receive a battery (fig. 5, 404);
a button (fig. 5, 408 and [0061]) movably coupled to the housing, wherein the button includes a latch (fig. 5, 416), wherein the button is configured to be moved from a first position relative to the housing to a second position relative to the housing; and
a switch (fig. 5, 414) disposed within the housing, wherein the button is configured to contact the switch when the button is in the second position (“coupling mechanism 408 allows the battery pack 400 to releasably couple to the power tool 200… (mechanically, electrically, and/or communicatively)” see [0060]).
Regarding claim 2, Mergener discloses the battery pack of claim 1, wherein the switch is coupled to a fuel gauge indicator (fig. 5, 422 and [0060]).
Regarding claim 3, Mergener discloses the battery pack of claim 2, wherein the fuel gauge indicator includes a plurality of light pipes coupled to the housing (fig. 5, 422 and [0060]), and a plurality of apertures along a sidewall of the housing (fig. 5, 422 and [0060]).
Regarding claim 5, Mergener discloses the battery pack of claim 1, wherein the button is a first button and the latch is a first latch, wherein the battery pack includes a second button, wherein the second button includes a second latch, wherein the first button is disposed on a first sidewall of the housing, and the second button is disposed on a second, opposite sidewall of the housing (fig. 6 and [0061]).
Regarding claim 7, Mergener discloses the battery pack of claim 1, wherein the housing includes an aperture, and wherein the latch extends through the aperture (“The tabs 416 are normally biased away from the housing 402 (i.e., away from each other) by springs inside the housing 402. Actuating (e.g., depressing) the actuators 414 inwards moves the tabs 416 toward the housing 402 (i.e., toward each other) and out of engagement with the recesses such that the battery pack 400 may be pulled out away from the power tool 200” (see [0061].)
Regarding claim 8, Mergener discloses the battery pack of claim 1, further comprising a plurality of electric contacts disposed within the interior (fig. 6, 412a-e and 0069]), wherein the cover includes a plurality of slots configured to provide access to the plurality of electric contacts (“a support portion 406 on a top side 403” see [0060] and fig. 5.)
Regarding claim 9, Mergener discloses the battery pack of claim 8, wherein each of the slots extends 90 degrees (fig. 6, 412a-e and in relation with fig. 14, 628a-e).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by No.: US 20180277804 (hereinafter as Lee as newly cited)
Regarding claim 16, Lee discloses a system comprising:
a battery pack (fig. 3, 20) having a housing ([0008]),
a cover (fig. 1, top part 22/24) coupled to the housing (below top part 22/24) above the housing, wherein the housing and the cover define an interior configured to receive a battery ([0008]), and the cover defines an upper exterior of the battery pack (fig. 1, top part 22/24 [0031])
a first universal serial bus connector (fig. 3, 26 and [0032]) that is disposed at least partially within the interior and below the upper exterior of the battery pack (fig. 1 shows item 26 is below the top part 22/24), and is accessible from outside of the battery pack (see connection item 60 of fig. 3 and [0036]); and
a battery charger (fig. 3, 40) having a second universal serial bus connector (fig. 3, 46) configured to couple to the first universal serial bus connector to charge the battery pack ([0036]).
Regarding claim 17, Lee discloses the system of claim 16, wherein the battery pack additionally includes a plurality of electric contacts disposed within the interior ([0032]).
Claim Rejections - 35 USC § 103
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mergener in view of No.: US 4779687 (hereinafter as Schreiber as newly cited.)
Regarding claim 4, Mergener discloses the battery pack of claim 2, but silent wherein the switch is at least one of a toggle switch, pole switch, or touch switch. However, Schreiber teaches wherein the switch is at least one of a toggle switch, pole switch, or touch switch (see claim 2). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to use Mergener’s switch by Schreiber’s toggle switch for the purpose of cost-effective, often easier to seal against dust and moisture; and also known for high durability, simple operation, and clear, tactile feedback for on/off states.
Claim(s) 10-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mergener.
Regarding claim 10, Mergener discloses the battery pack of claim 1, but silent further comprising a universal serial bus connector disposed at least partially within the interior. However, Mergener teaches a universal serial bus connector (fig. 11, 612) disposed at least partially within the interior of the battery adapter (see [0090]) which the battery pack is attached to (fig. 1). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to design the universal serial bus connector disposed at least partially within the interior of the battery pack in order to enhance the communication directly from/to the battery pack.
Regarding claim 11, Mergener discloses a battery pack (fig. 5, 400 and [0060]) comprising:
a housing (fig. 5, 402);
a cover (fig. 5, 403) coupled to the housing, wherein the housing and the cover define an interior configured to receive a battery (fig. 5, 404); and
a plurality of electric contacts (fig. 6, 412a-e and 0069]) disposed within the interior, wherein the cover includes a plurality of slots configured to provide access to the plurality of electric contacts (“a support portion 406 on a top side 403” see [0060] and fig. 5.), wherein each of the slots extends in more than one direction, to facilitate attachment of the battery pack to separate components along multiple directions (fig. 6, 412a-e and in relation with fig. 14, 628a-e),
wherein the cover includes a raised portion (fig. 5, 410 and [0068]) that protrudes upwardly and away from the interior, wherein each of the slots is located in the raised portion (“a contact block 410 having a plurality of contacts 412a-e” (see [0068] and fig. 6), wherein the raised portion has a length along a length direction and a width along a width direction, wherein each of the slots is smaller in the length direction than the width direction (figs. 5-6).
However, Mergener does not show in any figures and is silent wherein the length is greater than the width. Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to design the size/shape of the battery pack with a specific size/shape of the raised portion as shown the figures 5-6 as the length is greater than the width in order to achieve the cost-effective or making the battery pack smaller or lighter.
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Regarding claim 12, Mergener discloses the battery pack of claim 11, wherein each of the slots extends 90 degrees (fig. 6, 412a-e and in relation with fig. 14, 628a-e).
Regarding claim 13, Mergener discloses the battery pack of claim 11, further comprising a button (fig. 5, 408 and [0061]) movably coupled to the housing, wherein the button includes a latch (fig. 5, 416 and [0061]), wherein the button is configured to be moved from a first position relative to the housing to a second position relative to the housing (“coupling mechanism 408 allows the battery pack 400 to releasably couple to the power tool 200… (mechanically, electrically, and/or communicatively)” see [0060]).
Regarding claim 15, Mergener discloses the battery pack of claim 11, but silent further comprising a universal serial bus connector disposed at least partially within the interior. However, Mergener teaches a universal serial bus connector (fig. 11, 612) disposed at least partially within the interior of the battery adapter (see [0090]) which the battery pack is attached to (fig. 1). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to design the universal serial bus connector disposed at least partially within the interior of the battery pack in order to enhance the communication directly from/to the battery pack.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mergener in view of No.: US 20120049699 (hereinafter as Scavuzzo, previously cited.)
Regarding claim 6, Mergener discloses the battery pack of claim 1, further comprising a spring positioned between the button and the housing, wherein the spring is configured to bias the button toward the first position (“The tabs 416 are normally biased away from the housing 402 (i.e., away from each other) by springs inside the housing 402. Actuating (e.g., depressing) the actuators 414 inwards moves the tabs 416 toward the housing 402 (i.e., toward each other) and out of engagement with the recesses such that the battery pack 400 may be pulled out away from the power tool 200” (see [0061].) But Mergener is silent the spring being a spring plate. However, Scavuzzo teaches a spring plate (“The release push-button tab 76 of the spring plate 68” see [0033]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to use Mergener’s spring with Scavuzzo’s spring plate for the purpose of making the coupling mechanism more reliable, and saving the space since the spring plate requires the small space.
Regarding claim 14, Mergener discloses the battery pack of claim 13, further comprising a spring positioned between the button and the housing, wherein the spring is configured to bias the button away from the housing (“The tabs 416 are normally biased away from the housing 402 (i.e., away from each other) by springs inside the housing 402. Actuating (e.g., depressing) the actuators 414 inwards moves the tabs 416 toward the housing 402 (i.e., toward each other) and out of engagement with the recesses such that the battery pack 400 may be pulled out away from the power tool 200” (see [0061].). But Mergener is silent the spring being a spring plate. However, Scavuzzo teaches a spring plate (“The release push-button tab 76 of the spring plate 68” see [0033]).. Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to use Mergener’s spring with Scavuzzo’s spring plate for the purpose of making the coupling mechanism more reliable, and saving the space since the spring plate requires the small space.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of No.: US 20160322834 (hereinafter as Carpenter as previously cited)
Regarding claim 18, Lee discloses the system of claim 17, and further discloses wherein the cover sits vertically above the housing (fig. 1, shows top part 22/24 and housing is below top part 22/24), but silent includes an aperture wherein the first universal serial bus connector is aligned with the aperture along a vertical direction and is a port having an end positioned within an aperture. However, Carpenter teaches wherein includes an aperture wherein the first universal serial bus connector is aligned with the aperture along a vertical direction and is a port having an end positioned within an aperture (fig. 1, 7-8 and [0020]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the system of Lee by the design of Carpenter in order to provide an alternative connection for charging the battery pack; and/or to offer cost-effectiveness (without using extra part, e.g. cable); and/or to make connection easier/faster/safer.
Regarding claim 19, Lee discloses the system of claim 16, but silent wherein the second universal serial bus connector protrudes from a lower wall of the battery charger. However, Carpenter teaches wherein the second universal serial bus connector protrudes from a lower wall of the battery charger (fig. 1, 10-11 and [0044]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to modify the system of Lee by the design of Carpenter in order to provide an alternative connection for charging the battery pack; and/or to offer cost-effectiveness (without using extra part, e.g. cable); and/or to make connection easier/faster/safer.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Carpenter and further in view of No.: US 2021/0328280 (hereinafter as Cruise as previously cited)
Regarding claim 20, Lee discloses the system of claim 16, but silent wherein the battery pack includes a circuit, wherein the first universal serial bus connector extends perpendicularly from the circuit toward the cover. However, Carpenter teaches wherein the battery pack includes a circuit (fig. 2, 5 and “an NTC thermistor 5 disposed in a plastic housing 6” see [0020]) and, wherein the first universal serial bus connector extends perpendicularly from the circuit toward the cover (figs. 1-2). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to use the teaching of Carpenter to make the Lee’s battery pack more compact, durable, and cost effective. But Lee in view of Carpenter is silent the circuit being a printed circuit board. However, Cruise teaches a printed circuit board (thermistor 208 on printed circuit board 206 see figs. 8-9 and [0033]). Before the effective filing date of the invention, it would be obvious to a person of ordinary skill in the art to design the NTC thermistor on the PCB since the PCB know for benefits like miniaturization for smaller devices, increased reliability and durability through stable connections, cost-effectiveness via mass production, improved performance by managing signal integrity, and easier maintenance/troubleshooting with clear layouts, replacing bulky, error-prone traditional wiring with compact, integrated designs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20130333910 teaches “A toggle switch 32 for switching the driving mode (the drill mode and the impact mode) of the motor 3 is provided on a side face of the battery holding portion 6c, for example. Whenever the toggle switch 32 is depressed, the drill mode and the impact mode are alternately switched” (see [0069]).
US 20100088843 shows universal serial bus connector protrudes from a lower wall of the battery charger (see fig. 12)
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US 20170256965 teaches “A portable charging station for multiple mobile electronic devices comprising a rectangular shaped housing, one or more removable battery packs, a main charging board, a plurality of cord housing cartridges and a faceplate. The main charging board is configured as a charge and cell balancing circuit board located within the housing, the circuit board comprising a plurality of USB ports, and connected to the one or more removable battery packs. The plurality of cord housing cartridges comprising retractable charging cords, each of the retractable charging cords having a USB connector end for connecting to the charge and cell balancing circuit board, and a device connector end for connecting to a mobile electronic device. The faceplate is configured with one or more USB ports for receiving a USB-enabled charging cord, and a plurality of openings from which device connector ends protrude from beneath the faceplate” (see Abstract.)
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 HUY Q PHAN whose telephone number is (571)272-7924. The examiner can normally be reached M-F 9am-5pm.
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, Kiesha Bryant can be reached at (571)272-3606. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUY Q PHAN/Supervisory Patent Examiner, Art Unit 2858
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