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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 2/14/2025, 5/23/2025, 11/13/2025, 2/19/2026, and 5/15/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “38” has been used to designate both a base, an inward facing protrusion, a projection, and upper outer housing protrusions. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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: A BATTERY PACK ASSEMBLY WITH AN INNER AND OUTER SHELL FOR USE IN A POWER TOOL.
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.
Claims 1-3 and 5-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20130164567 A1, OLSSON et al. provided in the IDS dated 2/14/2025
Regarding claim 1. OLSSON discloses [0008] a battery pack comprising in the annotated figures depicted below:
[0085] a core case (100) defining an interior cavity for receiving a plurality of cells, [0073] “The battery assembly may include one or more battery cells.”
the core case including at least two lobes depicted in the annotated figure 7 depicted below,
each lobe projecting outwardly away from the interior cavity;
[0133] an outer housing (610 and 620) surrounding the core case and mounted to the core case,
the outer housing including an inward-facing protrusion depicted in the annotated figure disposed between the two lobes; and
[0094] a fastener, called screws (116) extending through two lobes and the inward-facing protrusion.
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Regarding claim 2. The battery pack of claim 1, wherein each the lobes in annotated figure 7 depicted above, of the core case [0143] defines a hole, called a screw boss (716) receiving the fastener (116) therethrough.
Regarding claim 3. The battery pack of claim 2, wherein the outer housing (610 and 620) defines a hole, called a screw boss (716) receiving the fastener (116) therethrough.
Regarding claim 5. The battery pack of claim 1, wherein the outer housing further includes another inward-facing protrusion disposed between the two lobes in the annotated figure depicted below.
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Regarding claim 6. The battery pack of claim 1, wherein [0135] the outer housing (620) further includes a guide rail, called sliding contact seals (624) the guide rail configured to mount the battery pack to an electric device.
Regarding claim 7. The battery pack of claim 6, wherein the fastener (116) extends parallel to the guide rail (624).
Regarding claim 8. The battery pack of claim 1, wherein the outer housing (610 and 620) includes a top cover (620), called a bottom case assembly and bottom cover (610), called a capture shell coupled together as shown in figure 7.
Regarding claim 9. The battery pack of claim 8, wherein the top cover of the outer housing partially extends over a side of the core case as can be seen from the annotated figure depicted below.
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Claims 10-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190267589 A1, STICKEL et al.
Regarding claim 10. STICKEL [title] discloses in the annotated figure depicted below a battery pack comprising:
[0098] a core case, called a cell carrier (12) defining an interior cavity for receiving a [0100] plurality of cells (20),
[0109] the core case (12) including a lobe, called an attachment sections (46) projecting outwardly away from the interior cavity,
the lobe (46) including a hole, called threaded bores (46a) defined therein;
[0109] an outer housing, called side covers (14) surrounding the core case (12) and mounted to the core case (12),
the outer housing (14) including:
an inward-facing protrusion, called attachment projections (36) including a hole, called screw or bore holes 36a defined therein,
the hole (36a) of the protrusion aligned with the hole of the lobe (46), and
The annotated figure depicted below discloses a guide rail for mounting the battery pack to an electric device; and a fastener extending through the hole of the protrusion and the hole (36a) of the lobe (46) in a direction along the guide rail.
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Regarding claim 11. [0109] The battery pack of claim 10, wherein the core case (12) includes a plurality of lobes (46) projecting away from the interior cavity.
Regarding claim 12. The annotated figure depicted below discloses the battery pack of claim 10, wherein the outer housing (14) further includes an additional inward-facing protrusion (36) including a hole (36a) defined therein aligned with the hole of the lobe (46).
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Regarding claim 13. The annotated figure depicted below discloses the battery pack of claim 10, wherein the core case (12) further includes
a second lobe projecting outwardly away from the interior cavity, and
the outer housing (14) further includes another inward-facing protrusion disposed between the lobe (46) and the second lobe.
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Regarding claim 14. Figure 1 depicts the battery pack of claim 10, wherein the lobe (46) is formed as a unitary piece of the core case (12).
Regarding claim 15. Figure 1 depicts the battery pack of claim 14, wherein the inward-facing protrusion (36) is formed as a unitary piece of the outer housing (14). [0070] This feature being inherent in the cast housing made from a synthetic material.
Regarding claims 16 and 17. The annotated figure depicted below discloses the battery pack of claim 10, wherein the outer housing includes a top cover, and a bottom cover that is identical to the top cover meeting the limitations of claim 17.
Figure 2 discloses the top cover (14a) includes the inward-facing protrusion (36),
the inward-facing protrusion (36) being a top inward-facing protrusion, and
the lobe is a top lobe (46) of the core case (12).
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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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 20130164567 A1, OLSSON et al.
Regarding claim 4. OLSSON discloses the battery pack of claim 3,
OLSSON does not explicitly disclose the hole defined in the outer housing is concentric with the holes of two lobes.
The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have rearranged the hole for the outer housing disclosed by OLSSON in order to economize the interior space. This person of ordinary skill in the art would have been motivated by the economy of size and the saving of space in the housing.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190267589 A1, STICKEL et al.
Regarding claim 18. STICKEL discloses the battery pack of claim 17.
STICKEL does not discloses the bottom cover extends over a majority of a height of the core case.
It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.04. IV. A
It would have been obvious for one of ordinary skill in the art before the effective filing date to have altered the seam for the outer case to be off center for aesthetic reasons. This bearing no change to the functionality of the instantly claimed device.
Regarding claim 19. STICKEL discloses the battery pack of claim 18.
STICKEL does not disclose that the fastener extends transverse to the height of the core case.
The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have run the fasteners in a transverse direction to the height of the core case. The direction of the fasteners having no functional impact on the claimed battery. This change just being an obvious aesthetic feature.
Allowable Subject Matter
Claim 20 is allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest art of record is US 20130164567 A1, OLSSON et al. and US 20190267589 A1, STICKEL et al.
Regarding claim 20. OLSSON and STICKEL both disclose a battery pack comprising:
OLSSON [0133] and STICKEL [0109] disclose an outer housing defining a base having an outer surface and an inner surface,
OLSSON [0134] and discloses the outer house including a first material “Plastite”, and STICKEL [0109] discloses the outer house, called side covers (14) including a first material;
Neither OLSSON or STICKEL disclose a band molded into the outer surface of the base,
the band including a plurality of projections formed on the inner surface; and
a bar formed onto the inner surface of the base,
the bar integrally formed with the band; wherein
the band and the bar includes a second material,
the second material different than the first material.
It would not have been obvious for a person of ordinary skill in the art to have used a band molded into the outer surface of the base, and a bar formed onto the inner surface of the base the bar integrally formed with the band; wherein the band and the bar includes a second material, the second material different than the first material. There would have been no motivation for this person of ordinary skill in the art to do so.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190280263 A1, SHIN et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights