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 .
Claim Objections
Claims 8, 9 and 17 are objected to because of the following informalities:
In claim 8, line 7-8, “the second coupling portion” should be replaced with --a second coupling portion--, since this is the first recitation of a second coupling portion in independent claim 8.
In claim 9, line 3, “a second coupling portion” should be replaced with –the second coupling portion--, in order to refer back to the second coupling portion introduced in claim 8.
In claim 17, line 2, “the depth” should be replaced with --a depth--, since a depth was not previously recited in independent claim 8.
Appropriate correction is required.
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.
Claim(s) 8-10, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fauteux et al (EP 3327888 A1).
Regarding claim 8, Fauteux et al teaches (see Fig. 1) a battery charger (10), comprising: a housing defining a vent (34); and a handle (40) comprising (see annotated Fig. 1, provided on the next page below): a coupling portion (A) coupled to the housing, the coupling portion comprising a cover portion (A2), the cover portion disposed over the vent (as shown in Fig. 1, the cover portion A2 is disposed over a portion of the vent 34); and a grip portion (C) adjacent to the coupling portion and a second coupling portion (B), the grip portion (C) having a width that is less than a width of the first coupling portion (A) (as shown in Fig. 1, grip C has a width that is less than a width of coupling portion A).
Regarding claim 9, Fauteux et al teaches the battery charger of claim 8, wherein the coupling portion (A) is a first coupling portion, the handle further comprising: the second coupling portion (B) coupled to the housing; wherein the grip portion (C) is disposed between the first coupling portion (A) and the second coupling portion (B) (see Fig. 1).
Regarding claim 10, Fauteux et al teaches the battery charger of claim 9, wherein the first coupling portion (A) has a first width, the second coupling portion (B) has a second width, and the grip portion (C) has a third width, wherein the third width is less than the first width and the second width (as shown in Fig. 1, the width of grip C is less than the width of the first (A) and second (B) coupling portions).
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Regarding claim 16, Fauteux et al teaches the battery charger of claim 8, wherein the cover portion (A2) comprises an uninterrupted, continuous surface having the width of the first coupling portion and configured to prevent the passage of debris (as shown in Fig. 1, the upper surface of the cover portion A2 comprises an uninterrupted, continuous surface having the first width and configured to prevent the passage of debris due to it being a solid surface).
Regarding claim 17, Fauteux et al teaches the battery charger of claim 8, wherein the first (A) and second (B) coupling portions are coupled to a substantially planar surface of the housing (for example, the substantially planar surface of the housing containing vents 34), wherein a depth is measured from the planar surface of the housing (Fig. 1 shows a depth that can be measured between the planar surface containing vents 34 to the grip C).
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.
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) 1-4, 6, 7, 11-14 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fauteux et al (EP 3327888 A1).
Regarding claim 1, Fauteux et al teaches (see Fig. 1) a handle (40) for a battery charger body (10), the handle comprising (see annotated Fig. 1, provided above): a first coupling portion (A), the first coupling portion comprising a contact portion (A1) configured to be coupled to the battery charger body (as shown in Fig. 1) and a cover portion (A2), the cover portion having a first width (as shown in Fig. 1); a second coupling portion (B) configured to be coupled to the battery charger body (as shown in Fig. 1), the second coupling portion having a second width (as shown in Fig. 1); a grip portion (C) disposed between the first coupling portion and the second coupling portion, the grip portion having a third width that is less than the first width and the second width (as shown in Fig. 1, grip C has a width that is less than the width of cover portion A2 and the width of second coupling portion B).
Regarding claim 2, Fauteux et al teaches (see annotated Fig. 1, provided above) the handle of claim 1, wherein the first coupling portion further comprises an extension portion (A3) disposed between the contact portion (A1) and the cover portion (A2)
Regarding claims 1, 2, 4 and 7: Fauteux et al shows a depth from the contact portion to the cover portion (see Fig. 1). Fauteux et al does not specifically state the size of the depth, and therefore, does not specifically teach: (claim 1) wherein a depth from the contact portion to the cover portion is 45 mm or more; (claim 2) the extension portion having a depth of 45 mm or more; (claim 4) wherein the first width is larger than the second width; (claim 7) wherein the depth from the contact portion to the cover portion is 60 mm or more.
However, one of ordinary skill in the art prior to the effective filing date would recognize that the depth from the contact portion to the cover portion, and the depth of the extension portion, and the respective widths of the handle portions could be varied according to a desired clearance or for ornamental purposes.
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to modify Fauteux et al to make a depth from the contact portion to the cover portion is 45 mm or more; the extension portion having a depth of 45 mm or more; the first width being larger than the second width; and the depth from the contact portion to the cover is 60 mm or more, since this would provide enough clearance for a user to easily fit their hand between the grip portion and the charger body to grasp the grip portion. One of ordinary skill in the art prior to the effective filing date would also recognize that the depth can be enlarged in order to easily fit a gloved hand between the grip portion and the charger body. Furthermore, the particular depth and width represents a change in size/proportion, which are considered not sufficient to patentably distinguish over the prior art (see MPEP 2144.04).
Regarding claim 3, Fauteux et al teaches the handle of claim 2, wherein the contact portion (A1) comprises a planar portion configured to abut the battery charger body (as shown in Fig. 1, the contact portion A1 includes one or more planar portions abutting the charger body), wherein the extension portion (A3) is substantially perpendicular to the plane of the planar portion (as shown in Fig. 1, the extension portion A3 is substantially perpendicular to the plane of the contact portion A1 containing the circles) (It is noted that the term “substantially” allows some deviation from completely or exactly perpendicular).
Regarding claim 6, Fauteux et al teaches the handle of claim 1, wherein the cover portion (A2) comprises an uninterrupted, continuous surface having the first width and configured to prevent the passage of debris (as shown in Fig. 1, the upper surface of the cover portion A2 comprises an uninterrupted, continuous surface having the first width and configured to prevent the passage of debris due to it being a solid surface).
Regarding claim claims 11-14, the teachings of Fauteux et al, as applied to claims 8 and 10, have been discussed above.
Fauteux et al shows a depth from the contact portion to the cover portion (see Fig. 1). Fauteux et al does not specifically state the size of the depth, and therefore, does not specifically teach: (claim 11) The battery charger of claim 10, wherein the first width is larger than the second width; (claim 12) The battery charger of claim 8, wherein an outermost portion of the handle has a depth of at least 45 mm from the housing; (claim 13) The battery charger of claim 12, wherein the grip portion has a depth from the housing of at least 45 mm; and (claim 14) The battery charger of claim 12, wherein an outermost portion of the handle has a depth of at least 60 mm from the housing.
However, one of ordinary skill in the art prior to the effective filing date would recognize that the respective widths of the handle portions could be varied, and the depth from the grip portion to the housing, and the depth of the outermost portion of the handle can also be varied according to a desired clearance or for ornamental purposes.
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to modify Fauteux et al to make the first width is larger than the second width; an outermost portion of the handle has a depth of at least 45 mm from the housing; the grip portion has a depth from the housing of at least 45 mm; and an outermost portion of the handle has a depth of at least 60 mm from the housing, since this would provide enough clearance for a user to easily fit their hand between the grip portion and the charger body to grasp the grip portion. One of ordinary skill in the art prior to the effective filing date would also recognize that the depth can be enlarged in order to easily fit a gloved hand between the grip portion and the charger body. Furthermore, the particular depth and width represents a change in size/proportion, which are considered not sufficient to patentably distinguish over the prior art (see MPEP 2144.04).
Regarding claims 18 and 20, Fauteux et al teaches (claim 18) (see Fig. 1) a battery charger (10), comprising: a housing defining a vent (34) having a width and a length (as shown in Fig. 1, the vent has a width and a length); and a handle (40) comprising (see annotated Fig. 1, provided above): a coupling portion (A) coupled to the housing, the coupling portion comprising an uninterrupted, continuous cover portion (A2) that covers an area of a transverse projection of the width and length of the vent (34) (as shown in Fig. 1, continuous cover portion A2 covers a portion of an area of a transverse projection of the width and length of the vent 34); and a grip portion (C) adjacent to the coupling portion (A), the grip portion (C) having a width that is less than a width of the coupling portion (A) (as shown in Fig. 1, the width of the grip C is less than a width of the coupling portion A).
Fauteux et al does not specifically teach: (claim 18) that the uninterrupted, continuous cover portion (A2) covers an entire area of a transverse projection of the width and length of the vent (34); and (claim 20) The battery charger of claim 18, wherein an outermost portion of the handle is at least 45 mm from the housing.
However, one of ordinary skill in the art prior to the effective filing date would recognize that the respective widths of the uninterrupted, continuous cover portion and the width and length of the vent could be varied, and the distance of an outermost portion of the handle from the housing can also be varied according to a desired clearance or for ornamental purposes.
Therefore, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to modify Fauteux et al to make the uninterrupted, continuous cover portion covers an entire area of a transverse projection of the width and length of the vent; and an outermost portion of the handle is at least 45 mm from the housing, since this would provide a desired appearance and enough clearance for a user to easily fit their hand between the grip portion and the charger body to grasp the grip portion. One of ordinary skill in the art prior to the effective filing date would also recognize that the depth can be enlarged in order to easily fit a gloved hand between the grip portion and the charger body. Furthermore, the particular depth and width represents a change in size/proportion, which are considered not sufficient to patentably distinguish over the prior art (see MPEP 2144.04).
Regarding claim 19, Fauteux et al teaches the battery charger of claim 18, wherein the coupling portion (A) is a first coupling portion, the handle further comprising: a second coupling portion (B) coupled to the housing; wherein the grip portion (C) is disposed between the first coupling portion (A) and the second coupling portion (B) (see annotated Fig. 1, provided above).
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fauteux et al (EP 3327888 A1) in view of Hsu (US D585,822 S).
Regarding claims 5 and 15, the teachings of Fauteux et al, as applied to claims 1 and 8, have been discussed above.
Fauteux et al does not specifically teach wherein the grip portion comprises a plurality of transverse channels along the width of the grip portion.
Hsu teaches a compact generator, which is capable of charging a battery via the electrical output(s) of the generator and the cable clamps (as shown in Figs. 1, 4 & 5), including handle having a grip portion, wherein the grip portion comprises a plurality of transverse channels along the width of the grip portion (see the grip portion of the handle, as shown in Figs. 1 & 2, including a texture creating a plurality of transverse channels along a width of the grip).
In view of the teachings of Hsu et al, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to include with the grip portion of Fauteux et al, wherein the grip portion comprises a plurality of transverse channels along the width of the grip portion, since this would provide an ornamental appearance and provide a texture that would reduce slippage of the grip in a user’s hand.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the additional references cited on the attached PTO-892, which are directed to handle design for various devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jared Fureman whose telephone number is (571)272-2391. The examiner can normally be reached M-F 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at 571-272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JARED FUREMAN/Primary Examiner, Art Unit 2859
