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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2023-0081769, filed on 06/26/2023.
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.
(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) 1-4 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by Choi (US20170331081A1).
Regarding Claim 1, Choi discloses a battery apparatus (battery pack 70) [par. 0045; Fig. 1] comprising:
an upper case (upper case 66 or housing 63) comprising fixing parts (rotation supporting shafts 53) that protrude in left and right directions from side surfaces of the upper case, respectively, [pars. 0045-47; Figs. 1,4,5] wherein each of the fixing parts comprises a catching protrusion (protrusion 52) that protrudes from an end portion thereof [pars.0050-51,0058,0062]; and
a handle (handle unit 40) comprising coupling parts (shaft hooks 27,29) that are disposed at ends of the handle and coupled to the fixing parts, respectively [pars. 0048-49; Figs. 1-8].
Regarding Claim 2, Choi discloses the battery apparatus of claim 1, wherein the upper case further comprises:
a seating surface (line groove 57A) that supports the handle disposed at a fixed position [par. 0058; Fig. 5];
a recessed surface recessed downward from a portion of the seating surface (straight line surface 57B portion of landing lane 57 supporting the stabilizing unit 26 [par. 0063; Fig. 7] or semi-circular surface 57B [par. 0058; Fig. 5]); and
a limiting surface (rotational stoppers 59) that is disposed below the fixing parts and perpendicular to the seating surface [par. 0064; Fig. 7].
Regarding Claim 3, Choi discloses the battery apparatus of claim 1, wherein the handle further comprises a grip (i.e., section of handle including grip part 34) that connects between the coupling parts [par. 0055; Fig. 3].
Regarding Claim 4, Choi discloses the battery apparatus of claim 3, wherein the grip has a curved shape corresponding to a shape of an outermost surface of the upper case [pars. 0048,0057-58; Fig. 1].
Regarding Claim 9, Choi discloses the battery apparatus of claim 1, wherein each of the coupling parts further comprises:
a fixing protrusion (snap protrusions 38) configured to generate frictional force with respect to a surface of the upper case and to reduce a gap between the handle and the upper case [pars. 0059,0069; Figs. 3-4,8]; and
a rotating protrusion (shoulder protrusions 25) configured to restrict the handle from rotating relative to the upper case [pars. 0049,0063-64; Figs. 2,6-7].
Claim(s) 10 is/are rejected under 35 U.S.C. 102(1) as anticipated by Choi or, in the alternative, under 35 U.S.C. 103 as obvious over Choi, as applied to claim 9 above.
Regarding Claim 10, Choi discloses the battery apparatus of claim 9, wherein a cross-sectional shape of the rotating protrusion defines two or more curvatures (i.e., each coupling part comprises an outer peripheral surface defined by a multi-radius, non-uniform profile, including a substantially circular outer circumferential surface of the main ring body (ring unit 24) having a first curvature and a distinct projecting curved transition/outer surface of the shoulder protrusion 25 and/or neck extension connecting toward grip unit 35 having a second, different curvature [Choi – pars. 0049-50,0064; Figs. 2-3,6].
To the extent that Applicant contends that Choi does not explicitly disclose an outer circumferential surface of each coupling part having two or more curvatures, configuring the outer peripheral surface of a pivot hub with two or more curvatures would have been obvious to a person of ordinary skill in the art in order to smoothly blend the enlarged circular pivot hub into the adjoining hand leg/grip while providing a structural shoulder that abuts rotation stopper 59 to define a reliable rotational limit stop without sharp stress concentrations [Choi – pars. 0049-50,0064; Figs. 2,6]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the outer circumferential surface of each of Choi’s rotational protrusions to have two or more curvatures in order to smoothly blend the enlarged circular pivot hub into the adjoining hand leg/grip while providing a structural shoulder that abuts rotation stopper to define a reliable rotational limit stop without sharp stress concentrations [Choi – pars. 0049-50,0064; Figs. 2,6].
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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claim 3 above, and further in view of Jones (US5637420).
Regarding Claim 5, Choi discloses the battery apparatus of claim 3, but fails to disclose wherein the grip comprises a protrusion that has a bar-shape and protrudes downward toward the upper case. However, Jones, from the same field of endeavor, teaches a battery apparatus having an upper cover 16 and a carrying handle 20 with a gripping portion 21, wherein the underside of the gripping portion is formed with a downwardly projecting bar-shaped protrusion/reinforcement section 23 protruding downward toward the battery cover/upper case in order to reinforce and strengthen the grip under lifting loads [Jones – C3:L48-51; Fig. 3]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the grip of Choi to comprise a protrusion that has a bar-shape and protrudes downward toward the upper case as taught by Jones in order to reinforce and strengthen the grip under lifting loads [Jones – C3:L48-51; Fig. 3].
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claim 1 above, and further in view of Hyeong (KR20140050200A – foreign copy and machine translation attached).
Regarding Claim 6, Choi discloses the battery apparatus of claim 1, wherein each of the coupling parts defines a connection hole (ring unit 24 including a shaft insertion hole 21/21A, opening 21B and outer protrusion hole 23) coupled to one of the fixing parts, [pars. 0046,0048-51; Figs. 2-3]. Choi fails to explicitly disclose wherein each of the coupling parts comprises a plurality of inner protrusions that protrude from an inner circumferential surface of the connection hole toward a central axis of the connection hole. However, Hyeong, from the same field of endeavor, teaches a battery apparatus having an upper cover 1/30 comprising fixing parts (rotation protrusions 10) and a rotatable handle 2/20 comprising coupling parts disposed at ends of the handle (i.e., insertion hole 22) and coupled to the fixing parts, wherein each coupling part includes an inner protrusion (contact plate 222) that protrudes from an inner circumferential surface of the connection hole toward a central axis of the connection hole to engage with first and second locking jaws/steps 121/122 formed on the fixing parts of the upper cover [Hyeong – pars. 0004-7,0019-32; Figs. 1-5]. While Hyeong illustrates a single inner contact plate protrusion within the connection hole, it is well known in the mechanical arts to duplicate or provide a plurality of engaging retention features to evenly balance mechanical loads across an interface [MPEP 2144.04]. Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the connection holes of Choi’s coupling parts to a plurality of inner protrusions that protrude from an inner circumferential surface of the connection holes toward a central axis of the connection hole as taught by Hyeong in order to provide positive, balanced mechanical engagement surfaces that trap the handle behind the boss retention catching protrusions, thereby symmetrically distributing lifting loads around the pivot circumference to prevent binding during handle rotation and resist axial pull-off forces when carrying a heave battery pack [Choi – pars. 0006-7,0009-10,0032; Hyeong – pars. 0002,0008,0010,0028,0030,0032].
Regarding Claim 7, Choi and Hyeong each disclose complementary mating profiles between the rotatable handle hub openings and casing bosses to permit installation at a specific orientation. Specifically, Hyeong teaches that the inward radial protrusion (i.e., the contact plate 222) and its adjacent insertion slot 223 have a shape corresponding to the shape of the catching protrusion tabs 121,122 on the boss, allowing the catching tabs to pass through the slot and seat against the contact plate [Hyeong – pars. 0030-32; Figs. 4-5]. Therefore, before the effective filing date of the claimed invention, it would have been obvious to have configured each of the plurality of inner protrusions with a shape corresponding to the shape of the catching porotrusion as taught by Heong in order to ensure smooth axial sliding clearance during handle assembly while establishing continuous, full-surface contact engagement behind the catching tabs when rotated to prevent axial escape and dislodgement under heavy loads and vibration [Hyeong – pars. 0002,0008,0010,0028,0032]
Regarding Claim 8, modified Choi discloses the battery apparatus of claim 6, wherein each of the plurality of inner protrusions is configured to:
face the catching protrusion based on one of the coupling parts being coupled to one of the fixing parts (i.e., Heong teaches that during axial assembly, the inward radial projection/contact plate 222 and slot 223 are positioned to face and pass over catching tabs 121,122 during push-on coupling) [Hyeong – pars. 0031,0035-37; Choi – pars. 0066-67]]; and
be restricted by the catching protrusion in a left-right direction based on the handle being rotated relative to the upper case (i.e., Hyeong teaches that once rotated, contact plate 222 is trapped behind the catching tabs 121/122 and is blocked against detachment along the axial/left-right direction) [Hyeong – pars. 0028,0032; Choi – pars. 0025,0051,0067-68]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to configure the plurality of inner protrusions to face the catching protrusions during coupling and be restricted thereby in the left-right direction upon handle rotation as taught by the combination of Choi and Hyeong in order to provide a simplified, tool-free rotary coupling assembly that avoid complex fasteners [Choi – pars. 0009,0032] while establishing an interlocking bayonet connection that prevents accidental axial separation and damage to the battery module during lifting and transportation [Cho – pars. 00067-7,0010; Hyeong – pars. 0002,0008,0010,0032].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
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