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 .
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0037], 7th line, replace “controls” with “control” after “and”.
In paragraph [0063], 3rd line, replace “105” with “1205” after “gate”.
In paragraph [0063], 4th line, replace “1206” with “1207” after the 2nd instance of “switch”.
Appropriate correction is required.
The use of the term “Bluetooth”, which is a trade name or a mark used in commerce, has been noted in this application (see paragraphs [0050], [0055], and [0066] of the specification). The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 7 is objected to because of the following informalities: in the 1st line of claim 7, replace “claim 7” with “claim 6”. Appropriate correction is required.
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 1-20 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.
The term “generally ” in claims 1, 6-8, 13-15, 19, and 20 is a relative term which renders the claims indefinite. The term “generally” is not defined by the claims, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Since claims 2-7, 9-14, and 16-20 depend from independent claims 1, 8, and 15, respectively, all of these claims are rejected under 35 USC 112(b) for the same reason.
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.
Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 216015503 U, of which a complete copy of the Chinese document with a machine translation is provided with this Office Action, with an English equivalent to Chen (US 2023/0387507) for use in reference to translated text (rather than the machine translation of CN 216015503 U).
Regarding independent claims 1 and 8, CN ‘503 (refer to equivalent US 2023/0387507) discloses a battery arrangement (see US ‘507; abstract; paragraphs [0057]-[0079]; and Figures 1-5), in which the battery arrangement comprises the following structural features:
a plurality of (generally) cylindrical battery cells (20) positioned in a side-by-side orientation as a planar or co-planar array (see Figure 2 and paragraph [0061] of US ‘507), in which the plurality of battery cells (20) comprises at least 16 cylindrical battery cells (20); and
a case (box body (10)) surrounding at least a portion of the plurality of cylindrical battery cells (20) – see Figure 2 and paragraphs [0059]-[0061] of US ‘507,
wherein the case (10) comprises spacing elements (400) abutting multiple cylindrical battery cells (20) – see Figures 2 and 4.
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.
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.
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.
Claims 2, 3, 5-7, 9, 10, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over CN 216015503 U (refer to equivalent US 2023/0387507), and further in view of Jensen (US 3,468,720).
Regarding independent claim 15, as well as claims 2 and 9, CN ‘503 (US ‘507) discloses a battery arrangement (see US ‘507; abstract; paragraphs [0057]-[0079]; and Figures 1-5), in which the battery arrangement comprises the following structural features:
a plurality of (generally) cylindrical battery cells (20) positioned in a side-by-side orientation as a planar or co-planar array (see Figure 2 and paragraph [0061] of US ‘507), in which the plurality of battery cells (20) comprises at least 16 cylindrical battery cells (20); and
a case (box body (10)) surrounding at least a portion of the plurality of cylindrical battery cells (20) – see Figure 2 and paragraphs [0059]-[0061] of US ‘507,
wherein the case (10) comprises spacing elements (400) abutting multiple cylindrical battery cells (20), wherein the case (10) includes a top case portion (11) that joins a bottom case portion (12) – see Figures 2 and 4.
CN ‘503 (US ‘507) fails to teach that the case (10) having a top case portion (11) and a bottom case portion (12) are joined by a tongue and groove arrangement.
However, Jensen discloses an electrical storage battery (column 2, line 61 through column 3, line 25; and Figure 1), in which the battery includes a top cover joining to the bottom by a tongue and groove configuration (see Figure 1) for the purpose of providing a flush and secure connection for the case (column 3, lines 3-22).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to incorporate the tongue and groove locking mechanism taught by Jensen, into the cover (case) of the battery arrangement disclosed by CN ‘503 (US ‘507), in order to obtain a flush and secure connection for the case (Jensen; column 3, lines 3-22).
Regarding claims 3, 10, and 16, CN ‘503 (US ‘507) discloses that the case (10) has a tie down via holes provided on edges of each of the top case portion (11) and the bottom case portion (12) – see Figure 2.
Regarding claims 5, 12, and 18, although neither CN ‘503 (US ‘507) nor Jensen explicitly teaches impact absorbing elements on a bottom of the case, Jensen discloses that the case would be molded from a rubber or polymeric material (see column 3, lines 23-25) that would serve as having impact absorbing properties around an entirety of the case, including a bottom surface thereof, and such an arrangement at the bottom of the case for electronic holding apparatuses would be readily applied at the bottom surfaces of a container, housing, or case, for the purpose of reducing impact damage upon encounter with an external force.
Regarding claims 6, 7, 13, 14, 19, and 20, CN ‘503 (US ‘507) discloses that the case (10) is separated from the (generally) cylindrical battery cells (20) by a gap, wherein a metal bracket is positioned between the gap and the plurality of cylindrical battery cells (20) – see Figures 2, 4, and 5.
Regarding claim 17, and in referring to independent claims 1 and 8 above, CN ‘503 (US ‘507) discloses that the case (10) comprises spacing elements (400) abutting multiple cylindrical battery cells (20) – see Figures 2 and 4.
Claims 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over CN 216015503 U (refer to equivalent US 2023/0387507), and further in view of Sherwood et al (US 2,991,376).
Regarding claims 4 and 11, CN ‘503 (US ‘507) discloses the features of independent claims 1 and 8, but fails to teach insert reception elements on an exterior of the case so as to enable mounting of accessories on the exterior of the case.
However, Sherwood et al disclose a portable power unit (column 1, line 63 through column 2, line 71; and Figure 1), in which the portable power unit includes a casing (10) with an insert reception element (54) in the form of a handle, for the purpose of being the handle for the case (column 2, lines 62-71).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the applicants’ invention was made to include the insert reception element (handle) of Sherwood et al, into the case of the battery arrangement disclosed by CN ‘503 (US ‘507), in order to provide a handle for the case (Sherwood et al.; column 2, lines 62-71).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicants' disclosure. US 2,416,651 is also cited in PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN P KERNS whose telephone number is (571)272-1178. The examiner can normally be reached Monday-Friday 8am-430pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Walker can be reached at (571)272-3458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN P KERNS/Primary Examiner, Art Unit 1735 July 16, 2026
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