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)(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 1-3, and 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Luo et al. (WO-2022247517-A1, hereinafter “Luo”; a copy of the document was provided by the applicant’s IDS, and an English translation was used during examination).
Regarding claim 1, Luo is directed to a battery pack housing ([0008]) (i.e., a housing structure of a battery pack) and discloses a housing comprising:
An upper housing 11 with a terminal interface 131 (i.e., terminal connection port) (Figure 3; [0168]), a second opening 1123 (i.e., first open slot), a first opening 1122 (i.e., second open slot) (Figure 53; [0380]), wherein the first opening 1122 is adjacent to the terminal interface 131 (i.e., the second open slot is adjacent to the terminal connection port). See the following annotated Figure 1 and Figure 53 on the next page from Luo;
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A lower housing 12 is fixedly connected with upper housing 11, wherein the lower housing 11 and upper housing 12 are sealed together by sealing groove 115 (i.e., lower housing sealed with the upper housing in a circumferential direction of the lower housing). A housing space is formed by the assembly of the upper housing 11 and lower housing 12 (Figures 3 and 4; [0168]) (i.e., a chamber is formed between the upper housing and the lower housing);
A limiting member mounting groove 112 (i.e., support base) is provided with a limiting mounting protrusion 1124 that can play a certain guiding role (i.e., guide groove) (Figure 53; first paragraph of [0381]) (i.e., support base formed with a guide groove in an interior of the support base), wherein the limiting member groove 112 is provided with the top of the battery pack 100 (i.e., upper housing) and sealed with mounting groove cover 1121 (first paragraph of [0380]) (i.e., support base is fixed to and sealed with the upper housing in a circumferential direction of the support base). The limiting mounting groove 112 divides the housing space (i.e., chamber) into an opened chamber and sealed chamber. See the first following annotated Figure 53 from Luo.
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A limiting member 111 (i.e., release member) is connected to the middle of the limiting mounting groove 112 (i.e., support base) by sleeving onto limiting mounting protrusion 1124 (i.e., guide groove) (Figure 53; first paragraph of [0381]) (i.e., release member slidably connected to the support base along the guide groove). The limiting member 111 includes a limiting main body formed with limiting pressing parts 1111 (i.e., pressing portion) and limiting posts 1112 (i.e., execution portion) disposed at both ends of the limiting main body ([0379]) (i.e., release member comprises a pressing portion and an execution portion configured to move with the pressing portion). The limiting pressing part 1111 is exposed to the second opening 1123 (i.e., first open slot) and the limiting post 1112 is exposed to the first opening 1122 (i.e., second open slot) (i.e., pressing portion is configured to slide in the first open slot, and the execution portion is configured to slide in the second open slot) (Figure 53; [0380]). See the second following annotated Figure 53 from Luo.
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Regarding claims 2 and 3, Luo discloses an elastic element (i.e., elastic member) that is provided between the bottom surface of the limiting member 111 (i.e., release member) and limiting mounting groove 112 (i.e., support base). The elastic element can reset the limiting member 111 when the battery pack 100 is removed or inserted from a base 33 (located on a tool body according to [0374]) so that the limiting post 1112 (i.e., execution portion) can extend out from the first opening 1122 (i.e., second open slot) (second paragraph of [0381]) (which meets the recited elastic member that is disposed between the release member and the support base to enable the execution portion to have a tendency to move along the second open slot from claim 2). Luo also discloses that the limiting post 1112 and limiting pressing part 1111, which make up limiting member 111 (i.e., release member), and limiting mounting groove 112 (i.e., support base), have structures for mounting the elastic element at positions that correspond to the elastic element (third paragraph of [0381]) (which meets the recited support base or release member that is provided with a mounting column, another of the support base or the release member is formed with a mounting groove, one end of the elastic member sleeves on the mounting column, and another end of the elastic member is inserted into the mounting groove from claim 3).
Regarding claim 6, Luo discloses that multiple threaded holes with boss 11201 are provided on the limiting member mounting groove 112 (i.e., support base) along the periphery, as shown in Figure 17 (i.e., plurality of connection through-holes are disposed on a peripheral sidewall of the support base). The bolts are fixedly connected through the threaded holes provided on the limiting member mounting groove 112 to the mounting groove cover 1121, which is sealed with the upper housing 11 (i.e., support base is fixed to the upper housing by screws extending through the connection through-holes and screwed to the upper housing) (Figure 17; [0168] and [0197]).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Luo in view of Qiao (US-20210057686-A1).
Regarding claim 4, Luo does not disclose that the support base is provided with a stop boss, and a stop block protrudes from the execution portion of the release member, and the stop block is capable of abutting against the stop boss to enable at least part of the execution portion to be located in the second open slot.
Qiao is directed to a battery pack that is waterproofed and sealed to a power tool ([0002]) and discloses a limiting block 58 (i.e., stop boss) mounted on the outer surface of the upper housing body 51 that is held downwardly against at least part of the locking apparatus 57 (i.e., execution portion of the release member) (i.e., stop block protruding from the execution portion of the release member). When a hand releases the button, the locking apparatus 57 can move upwards along the guiding groove to the bottom surface of the limiting block 58 ([0123]) (i.e., stop block is capable of abutting against the stop boss to enable at least part of the execution portion to be located in the second open slot).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Luo by adding a stop boss to the support base and a stop block that protrudes from the execution portion of the release member, wherein the stop block is capable of abutting against the stop boss to enable part of the execution portion to be located in the second open slot as taught by Qiao because a limiting block can be used to limit the position of the upward movement of a locking apparatus (i.e., release member) by holding a portion of the locking apparatus down, thereby holding the locking apparatus in place ([0123]).
Regarding claim 5, Luo does not disclose a sealing plate, wherein a shape and outer dimensions of the sealing plate are adapted to a shape and outer dimensions of the support base to enable the sealing plate to completely fit against and be fixed to a surface of the support base, and a periphery of the sealing plate is interposed between the support base and the upper housing.
Thanhhuber discloses a sealing element (i.e., sealing plate) that can extend three-dimensionally and is pressed into the sealing layer (i.e., support base) by a web (pg. 8, lines 30-31 and pg. 9 lines 16-17) (i.e., a sealing plate, wherein a shape and outer dimensions of the sealing plate are adapted to a shape and outer dimensions of the support base to enable the sealing plate to completely fit against and be fixed to a surface of the support base). The sealing element is arranged between the sealing layer and the web on the inner surface of the top shell (i.e., upper housing) (pg. 8, lines 26-28) (i.e., periphery of the sealing plate is interposed between the support base and the upper housing).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Luo by adding a sealing plate that has the shape and outer dimensions of the support base to enable the sealing plate to completely fit against and be fixed to a surface of the support base, and a periphery of the sealing plate interposed between the support base and the upper housing as taught by Thanhhuber because a sealing element (i.e., sealing plate) with a sealing layer (i.e., support base) can create a particularly reliable liquid-tight separation between the first and second spatial region and prevent liquid from reaching the electronic components (pg. 7, lines 24-34).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Luo in view of Thanhhuber as applied to claim 5 above, and further in view of Liu et al. (CN-215955383-U, hereinafter “Liu”) and Yu et al. (CN-211399660-U, hereinafter “Yu”).
Regarding claim 7, Luo discloses that the battery cell assembly 120 and circuit board 13 are housed in the housing space formed by assembling the upper housing 11 and lower housing 12, wherein the lower housing 11 and upper housing 12 are sealed together by sealing groove 115 ([0168] and [0186]) (i.e., the electronic element is mounted in the sealed chamber, the electronic element comprises a circuit board and cells). Luo also discloses that the circuit board is electrically connected to the cell assembly ([0008]) (i.e., circuit board is electrically connected to the cells).
Luo in view of Thanhhuber does not disclose that (i) the circuit board is provided with LED lamps; and (ii) the support base is formed with third open slots at a position of the support base corresponding to the LED lamps, the sealing plate is provided with light guides corresponding to the LED lamps, each of the light guides is inserted into a corresponding one of the third open slots, and an end of each of the light guides is exposed to an outside of the upper housing.
Regarding (i), Liu is directed to a lithium-ion battery comprising a housing and battery pack body ([n0004]-[n0006]) and discloses a control circuit module (i.e., circuit board) electrically connected to a power indicator, which includes an LED indicator ([n0014]-[n0015]) (i.e., circuit board is provided with LED lamps).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Luo in view of Thanhhuber by (i) adding LED lamps to a circuit board as taught by Liu because a control circuit module can electrically connect to an LED indicator, allowing for the battery pack to display the current remaining power of the battery pack to the user (Liu; first paragraph of [n0056]).
Regarding (ii), Yu is directed to a light guide component and a battery pack ([0002]) and discloses that the light that is from a light-emitting component 350 is incident on the light guide portion 21 (i.e., light guide) through the light entrance hole 30 (i.e., third open slots) and led out of the outer shell 310 (i.e., upper housing) (Figure 7; ninth paragraph of [0072]) (i.e., the light guides are inserted into a corresponding one of the third open slots, and an end of each of the light guides is exposed to an outside of the upper housing).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Luo in view of Thanhhuber and Liu by (ii) forming a support base with third open slots at a position of the support base corresponding to the LED lamps, providing the sealing plate with light guides corresponding to the LED lamps, and inserting each of the light guides into a corresponding one of the third open slots and exposing the end of the light guides to an outside of the upper housing as taught by Yu because (1) an LED can be used as an indicator light and the light-emitting component (Liu; [n0016]); (2) light originating from a light-emitting component can be emitted through an open slot into a corresponding light guide and led to the outside, which simplifies the light emitting structure and avoids light crosstalk (Yu; ninth paragraph of [0072] and [0073]); and (3) it would have been obvious to incorporate the open slot into the support base and place the light guides onto the sealing plates to allow the light from the LED light to emit from the LED lamps located on the circuit board to reach the outside without interruption.
Regarding claim 8, Luo in view of Thanhhuber and Liu does not disclose an annular protrusion facing the circuit board along a periphery of each of the third open slots, and the annular protrusion sleeves outside a corresponding one of the LED lamps.
Yu discloses an annular protrusion that faces circuit board 330 at a light entrance hole 30 (i.e., third open slots) and the annular protrusion sleeves outside a corresponding light-emitting component 350 (i.e., LED lamps) (Yu; Figure 7, third paragraph of [0073]). See the following annotated Figure 7 from Yu.
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Therefore, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Luo in view of Thanhhuber and Liu by adding annular protrusions to protrude from a side of the support base as taught by Yu because (1) the light emitted from the LED lamps needs to emit from the circuit board through the open slots which are located on the support base; and (2) this setup simplifies the light emitting structure and avoids light crosstalk (Yu; [0073]).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Luo in view of Thanhhuber as applied to claim 7 above, and further in view of Okano et al. (US-5903423-A, hereinafter “Okano”).
Regarding claims 9 and 10, Luo in view of Thanhhuber discloses a switch for the circuit board 402 (Luo; [0518]).
Luo in view of Thanhhuber does not disclose a support base that is formed with a fourth open slot corresponding to the switch, the sealing plate that is provided with a sealing rubber pad corresponding to the fourth open slot for covering the fourth open slot, and the sealing rubber pad that is capable of being deformed from claim 9. Luo in view of Thanhhuber does not disclose that the button is slidably connected to the upper housing, and an end of the button abuts against the switch through the sealing rubber pad from claim 10.
Okano is directed to a battery pack for an electric power tools (col. 1, lines 6-7) and discloses an open slot (i.e., fourth open slot) corresponding to a movable contact 118 (i.e., switch), wherein a rubber cover 1124 (i.e., sealing rubber pad) covers the open slot and the rubber cover 1124 has the flexibility to deform with hand pressure, which meets claim 9. Okano also discloses reset button 1111 that can move in a direction that pushes movable contact 118 (i.e., slidable) and is connected to the case 116 (i.e., upper housing) and one end of the reset button 1111 is disposed opposite the bottom end of movable contact 118 with a rubber cover 1124, which meets claim 10 (Figure 11; col. 5, lines 43-53). See the following annotated Figure 11 from Okano.
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Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the battery pack of Luo in view of Thanhhuber by adding a fourth open slot with a switch on the support base, a deformable sealing rubber pad that corresponds with the fourth open slot, and a slidable button which abuts against a switch located on the sealing plate as taught by Okano because (1) Luo teaches that a switch can be located on circuit board (Luo; [0518]); and (2) a button with a rubber cover can be deformed with hand pressure which allows a hand to essentially communicate with the switch on the circuit board from the outside in a water-tight fashion (Okano; col. 5, lines 43-53).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 7, 9, and 10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, and 9 of copending Application No. 18/374764. Although the claims at issue are not identical, they are not patentably distinct from each other because each set of claims are directed to a battery pack comprises a release member with a pressing portion and locking portion that locks the battery pack to an external electronic, a support base, LED lamps, a switch, and a circuit board.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/NATHAN NGOC-NGOC HOANG/Examiner, Art Unit 1772
/IN SUK C BULLOCK/Supervisory Patent Examiner, Art Unit 1772
