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 § 102
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.
Claims 1, 2, 5-9 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention by the sale of rechargeable battery recharging units sold by POWEROWLtm including the “2800mAh Rechargeable AA Batteries with Smart 8 Bay Battery Charger, Low Self Discharge Ni-MH Double A Batteries, 8 Count” (see the attached corresponding document).
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Regarding claim 1 and, POWEROWLtm device as shown above teaches a housing capable of securing a plurality (8) rechargeable battery cells where each battery arranged in the same direction, corresponding to the claimed “first direction”; the batteries are charged by a pair of electrodes located within the walls of the housing of the charging device. These electrodes, the power cable connector and the LCD as indicated above act as the claimed “electrical components”, electrically connected to the plurality of battery cells and have at least a portion of themselves embedded to the wall(s) of the housing. The bottom of the housing contains recesses where the batteries are allowed to rest and be secured. The walls of the recharger are hollow to accommodate the internal components of the recharger device.
Regarding claim 2, the POWEROWLtm device is a recharging device with the capability of holding a plurality of rechargeable batteries, this recharging device has side walls that provide electrodes for interfacing with the recharging batteries. The electrodes of the recharging device are located within the wall of the recharging device on one side.
Regarding claims 5 and 6, the short side walls of the rectangular shape, not containing the electrodes, can be considered a first side wall that establishes the direction of the batteries to which at each end the long sides of the rectangular shape the sides connect, and the long sides contain the electrodes for charging the battery.
Regarding claims 7 through 10, the power connector port located on the side of the housing acts as a means for the charger to gain power and charge the batteries. It is in the wall of the housing and allows a cable to be connected that extends out of the housing, there is wiring inside the device to electrically connect the port electrical component to the batteries. In both embodiments, these exist as options that allow an electrical component active to the housing, one with the component inside and one with the component outside the housing.
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 set forth in Graham v. John Deere Co., 383 U.S 1, 148 USPQ 459 (1966), 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(s) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over the POWEROWLtm device for reference in further view of Kim JP 2011249309 A. The POWEROWLtm device has its electrical component, a charging port, within the walls of the device in communication of the batteries. The device does not, however, have an electrical component within a rib partition in the hollow section. Kim teaches of a battery holder that has ‘reinforcing portions’ (figure item 113 description of embodiments paragraph 3) which protrude into the hollow space of the walling to add structural integrity.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add the reinforcing portions of Kim, corresponding to the claimed “rib portion”, to the side walls of the POWEROWLtm device in order to enhance the strength of the housing as taught by Kim (under description of embodiments paragraph 3). Therefore, the electrical components embedded within the side wall of the modified POWEROWLtm device would be fixed to the rib portion.
Conclusion
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/A.J.M./ Examiner, Art Unit 1722
/NIKI BAKHTIARI/ Supervisory Patent Examiner, Art Unit 1722
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