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 Amendment
The preliminary amendment submitted 04/06/2023 was received and is being examined on its merits herein.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted 03/15/2023, 03/12/2024, and 08/28/2024 were received and have been considered by the examiner.
Drawings
The drawings submitted 03/15/2023 were received and are approved by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Battery Storage Apparatus with Lock Portion to Secure Battery.
Examiner’s Note
The claims as written involve several limitation that limit what each broadly-claimed portion is meant to do in order to achieve a desired result. This is made clear by the fact that the majority of the claimed portions shown in the applicant’s figures point to general areas (portions) of the invention, rather than structural parts themselves. Examiner recommends including more structural limitations including specific parts in order to limit how each portion performs the actions to achieve the desired results, thus differentiating the invention from the prior art.
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 1-9 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “opening” in claim 1 is used by the claim to mean “space where battery is introduced to the storage apparatus,” and therefore, it is unclear to the examiner how an opening can perform the limitation “…the battery is stored in an attachable and detachable manner via the opening.” It is unclear to the examiner how the opening is able to ensure the “attachable” or “detachable” nature of the manner in which the battery is held in the storage space. The term is indefinite because the specification does not clearly redefine the term. For purpose of examination, so long as the attachable and detachable manner in which the battery is secured is accomplished elsewhere in the prior art, it will read on the limitation.
Similarly, the term “dissolves” in claim 7 is used by the claim to mean “detaches,” while the accepted meaning is “to become incorporated into a liquid to form a solution.” The term is indefinite because the specification does not clearly redefine the term. For purpose of examination, so long as the disengagement portion of the prior art causes a detachment between the engaged portion and the engagement portion, it will read on claim 7.
Claim 1 recites the limitation "the fixed holding" in line 12. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination, line 12 will be examined to read “…the fixed manner of the battery relative to the storage portion is released.”
Claims 2-6 and 8-9 are rejected due to their dependency on claim 1.
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) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marioni (U.S. 20150266543).
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With respect to claim 1, Marioni discloses a battery storage apparatus (1 – battery holder device) (Fig. 6) comprising:
a storage portion (8 – housing seat) (Fig. 6) including
an opening (labeled) into which a battery (10 – battery pack) is configured to be inserted (Fig. 6 - above) and
a storage space (8 – housing set) in which the battery (10) is stored in an attachable and detachable manner via the opening (22) (Fig. 6 and 12), wherein the battery (10) is configured to be held in a fixed manner at a holding position in the storage space (8) (Fig. 7, [0073]);
a portable portion (20 – box-like body) that is configured to support the battery (10) and move in the storage space (8) between the holding position and an insertion and removal position that is different from the holding position (Fig. 6 and 7); and
a lock portion that is switchable between a locked state, in which the battery is held in a fixed manner relative to the storage portion, and an unlocked state, in which the fixed holding of the battery relative to the storage portion is released,
wherein the lock portion (27 – gripping handle) is switched from the unlocked state to the locked state in conjunction with movement of the portable portion (20) from the insertion and removal position to the holding position (Fig. 7, [0052]).
With respect to claim 2, Marioni discloses an attenuating portion (30 – support bracket) that attenuates movement speed of the portable portion (20) moving from the insertion and removal position to the holding position (Fig. 9; [0063]).
With respect to claim 3, Marioni discloses the lock portion (27) switches between the unlocked state and the locked state by rotating centered on a lock rotating shaft (labeled), and is provided with a lock portion biasing member (hinging pins- not shown) that elastically biases the lock portion (27) around the lock rotating shaft (labeled) (Fig. 8; [0063]));
the portable portion (20) includes a lock switching portion (23 – recess) that restricts, in a releasable manner, rotation of the lock portion (27) (Fig. 8); and
the lock switching portion (23) restricts rotation of the lock portion (27) against the elastic force of the lock portion biasing member (hinging pins) when the portable portion is at one of the insertion and removal position and the holding position (Fig. 8), and removes the restriction on the rotation of the lock portion (27) when the portable portion is at the other of the insertion and removal position and the holding position (Fig. 8).
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With respect to claim 4, Marioni discloses the portable portion (20) includes
a portable portion body (22 – internal compartment) that supports the battery (10) (Fig. 5)and
an operating portion (labeled) that is provided with a grip portion (labeled) that is configured to be gripped by a worker (Fig. 7 – above);
the portable portion body (22) can be moved in an insertion and removal direction between the insertion and removal position and the holding position by moving the operating portion (labeled) relative to the storage portion (8) in the insertion and removal direction of the battery through the opening (labeled) (Fig. 7 – above and Fig. 6 – above); and
the operating portion (labeled) includes a lock fixing portion (34 – hook) configured to keep the lock portion (27) fixed in the locked state when the portable portion body (22) is at the holding position (Fig. 8; [0065]).
With respect to claim 5, Marioni discloses the storage space (8) is provided with a storage portion terminal (48 – electrical connector) configured to connect through contact to a battery terminal (17 – connector) provided to the battery (10) (Figs. 6 and 12, [0055]);
the holding position is a connection position at which the battery terminal (17) of the battery supported by the portable portion body (22) is connected to the storage portion terminal (48) (Fig. 6 and 12, [0055]);
the insertion and removal position is a disconnection position at which the battery terminal (17) of the battery (10) supported by the portable portion body (22) is disconnected from the storage portion terminal (48) (Fig. 6 and 12, [0055]); and
the battery storage apparatus (1) comprises a restricting portion (24 – pins and 46 – seats) that restricts, in a releasable manner, movement of the portable body (22) from the insertion and removal position toward the holding position (Fig. 6 and 12, [0074]).
With respect to claim 6, Marioni discloses the restricting portion (24 and 46) includes
an engagement portion (24) that is provided to the portable portion body (22) (Fig. 6) and
an engaged portion (46) that is positionally fixed relative to the storage portion (8) (Fig. 12), and
the movement of the portable portion body (22) from the insertion and removal position toward the holding position is restricted by engaging the engagement portion (24) with the engaged portion (46) at the insertion and removal position (Fig. 6 and 12; [0074]).
With respect to claim 7, Marioni discloses the operating portion (labeled) is configured to move relative to the portable portion body (22) (Fig. 7 – above); and
the operating portion (labeled) is provided with a disengagement portion that dissolves the engagement between the engagement portion (24) and the engaged portion (46) by moving the operating portion (labeled) relative to the portable portion body (22) in a disengagement direction (clockwise – opposite of arrow) that is different from the insertion and removal direction (Fig. 7 – above).
With respect to claim 8, Marioni discloses the lock switching portion (23) is provided integrally with the engagement portion (24) (Fig. and 6), abuts against the lock portion (27) to restrict rotation of the lock portion (27) when the portable portion body is at the insertion and removal position (Figs. 8 and 9), and moves away from the lock portion (27) to remove the restriction on the rotation of the lock portion (27) when the portable portion body (22) is at the holding position (Figs. 8 and 9).
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 nonobviousness.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Marioni as applied to claim 1 above, and further in view of Chen et al. (U.S. 20190232806, referenced in IDS submitted 03/15/2023).
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With respect to claim 9, Marioni disclose a battery storage apparatus (1), but does not disclose an opening and closing end portion.
Chen discloses a battery storage apparatus (Fig. 6) and teaches the battery storage apparatus includes an opening and closing portion (7 – protection cover) that opens and closes the opening (labeled) (Fig. 10 and Fig. 14), wherein:
when the portable portion (5) is at the insertion and removal position, the opening and closing portion (7) is restricted from entering a closed state covering the opening due to a portion of the battery (4) supported by the portable portion (5) protruding outside the storage portion (2141 – rise sections) through the opening (labeled) (Fig. 10 and 14); and
when the portable portion (5) is at the holding position, the opening and closing portion (7) is configured to enter the closed state due to the battery (4) being arranged farther inward in the storage portion (2141) than when the portable portion (5) is at the insertion and removal position (Fig. 10 vs. Fig. 14). Chen further teaches that this allows for a user to readily lift and remove the battery while providing protection to the battery([0038]).
It would have been obvious to one having ordinary skill in the art at the time that the application was effectively filed to include the opening and closing portion taught by Chen to the battery storage apparatus disclosed by Marioni in order to allow for a user to readily left and remove the battery while providing protection to the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN E BERRESFORD whose telephone number is (571)272-0641. The examiner can normally be reached M-F 8:00 am - 5:00 pm EST.
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/J.E.B./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727