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 .
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 6-10 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.
Claim 6 recites the limitation "a second columnar pressing portion" in line 3, since claim 2 cites “a first columnar pressing portion”. There is insufficient antecedent basis for this limitation in the claim.
Claims 7-10 depend on claim 6 and are rejected under the same reasoning.
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)(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 and 11 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kolden et al. (US 10,074,847 B2).
Regarding claim 1, Kolden et al. discloses a battery pack (10) comprising: a lower case (16) defining a first space having a predetermined size; an upper case (14) at an upper part of the lower case (16) to be fastened to the lower case (16), the upper case (14) defining a second space; at least one module frame (44) in the first space of the lower case (16) and the second space of the upper case (14), the module frame (44) defining a battery cell receiving recess; and a battery cell (46) in the battery cell receiving recess, wherein an impact attenuation member (bumpers, 334) configured to protect the module frame (44) from external impact is disposed between an outer surface of the module frame (44) and an inner surface of the lower case (16) (see Abstract; figures 1-21; and column 3, line 28 through column 5, line 16).
Regarding claim 11, Kolden et al. discloses a device (power tool0 having the battery pack according to claim 1 mounted therein (see column 1, lines 29-43).
Allowable Subject Matter
Claims 2-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 2, Kolden et al. discloses a battery pack wherein the impact attenuation member includes a first stopper (bumper, 334) (see Abstract; figures 1-21; and column 3, line 28 through column 5, line 16).
Kolden et al. fails to disclose or suggest that the first stopper comprises a first columnar pressing portion in contact with the outer surface of the module frame, and a pair of wings extending from opposite sides of the first pressing portion by a predetermined length.
Claims 3-5 depend on claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA E YOUNG whose telephone number is (571)270-3163. The examiner can normally be reached M-F 7:00 am - 6:00 pm.
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NATASHA E. YOUNG
Examiner
Art Unit 1774
/NATASHA E YOUNG/ Primary Examiner, Art Unit 1774
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