DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is responsive to the amendment filed on 06/30/26. The applicant has overcome most of the objections and the prior art rejection. However, applicant’s amendment has not yet satisfactorily overcome the double patenting rejections. Refer to the aforementioned amendment for specific details on applicant's rebuttal arguments and/or remarks. Therefore, the present claims are now finally rejected over the remaining grounds of rejection as formulated hereinbelow and for the reasons of record:
Election/Restrictions and Claim Disposition
Claims 32, 35-36 ad 41-46 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention/species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/02/25.
Claims 29-30, 32-33 and 35-46 are pending; of which claims 32, 35-36 and 41-46 had been previously withdrawn from consideration; and claims 1-28, 31 and 34 had been previously cancelled. Claims 29-30, 33 and 37-40 are under examination.
Claim Objections
Claims 32 and 35-36 are objected to because of the following informalities: the status identifier of the foregoing claims is incorrect as those claims have been withdrawn from consideration. Appropriate correction is required.
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 29-30, 33 and 37-40 are still rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11233282. Although the claims at issue are not identical, they are not patentably distinct from each other because:
US Patent’282 claims the following (see claims 1-13):
1. A battery-powered portable tool, comprising: a battery pack containing at least one all-solid-state battery cell within a housing; a tool main body, on which and/or inside which the battery pack is mountable and from which the battery pack is demountable; and a battery temperature-measurement circuit disposed only in the battery pack or partially in the tool main body and partially in the battery pack; wherein the battery temperature-measurement circuit comprises: a high-temperature measurement circuit that outputs accurate measurement results in a high-temperature range but is less accurate in a low-temperature range, the high-temperature range differing from the low-temperature range; a low-temperature measurement circuit that outputs accurate measurement results in the low-temperature range but is less accurate in the high-temperature range; and a switching apparatus configured to select and/or output a signal representative or indicative of the battery temperature based on (i) an output of the low-temperature measurement circuit when an output value of the high-temperature measurement circuit enters a first abnormal range and (ii) an output of the high-temperature measurement circuit when an output value of the low-temperature measurement circuit enters a second abnormal range.
2. The battery-powered portable tool according to claim 1, wherein: the high-temperature measurement circuit comprises a first circuit in which a thermistor and a first voltage-divider resistance for high temperature are connected in series; and the low-temperature measurement circuit comprises a second series circuit in which the thermistor and a second voltage-divider resistance for low temperature are connected in series.
3. The battery-powered portable tool according to claim 2, wherein the resistance value of the first voltage-divider resistance for high temperature is lower than the resistance value of the second voltage-divider resistance for low temperature.
4. The battery-powered portable tool according to claim 1, wherein a portion of the high-temperature measurement circuit and a portion of the low-temperature measurement circuit are contained within the tool main body.
5. The battery-powered portable tool according to claim 1, wherein the high-temperature measurement circuit and the low-temperature measurement circuit are contained within the battery pack.
6. The battery-powered portable tool according to claim 1, wherein the lower-limit temperature at which the high-temperature measurement circuit outputs accurate measurement results is higher than the upper-limit temperature at which the low-temperature measurement circuit outputs accurate measurement results.
7. The battery-powered portable tool according to claim 1, further comprising: an actuator configured to operate using electric power supplied by the battery pack, the actuator being contained within the interior of the tool main body; wherein the following relationship is satisfied: (maximum output of the actuator at −20° C.)/(maximum output of the actuator at +50° C.) >0.5.
8. The battery-powered portable tool according to claim 1, further comprising: an actuator configured to operate using electric power supplied by the battery pack, the actuator being contained within the interior of the tool main body; wherein the portable tool is configured to operate the actuator even if the ambient temperature is 0° C. or lower, as long as the ambient temperature is −30° C. or higher.
9. The battery-powered portable tool according to claim 1, further comprising: an actuator configured to operate using electric power supplied by the battery pack, the actuator being contained with the interior of the tool main body; wherein the portable tool is configured to operate the actuator even if the ambient temperature is +50° C. or higher, as long as the battery temperature is +100° C. or lower.
10. The battery-powered portable tool according to claim 1, wherein the battery pack has an electric energy storage capacity per unit of battery pack weight of 200 Watt-hours/kg or more.
11. The battery-powered portable tool according to claim 1, wherein the battery pack has an electric energy storage capacity per unit of battery pack volume of 300 Watt-hours/l or more.
12. The battery-powered portable tool according to claim 2, further comprising: an actuator configured to operate using electric power supplied by the battery pack, the actuator being contained within the interior of the tool main body; wherein: the maximum output of the actuator at −20° C. is at least 50% of the maximum output of the actuator at +50° C., the portable tool is configured to operate the actuator even if the ambient temperature is 0° C. or lower, as long as the ambient temperature is −30° C. or higher; the portable tool is configured to operate the actuator even if the ambient temperature is +50° C. or higher, as long as the battery temperature is +100° C. or lower; and the battery pack has an electric energy storage capacity per unit of battery pack weight of 200 Watt-hours/kg or more.
13. A battery pack configured to be mounted on a tool main body, wherein when the battery pack is mounted on the tool main body, a battery-powered portable tool according to claim 1 is completed.
In this case, the claims of US Patent’282 fully encompass the more generic/broader subject matter recited in the claims of the present application. In re Goodman, 11 F.3d 1046, 1053, 29 USPQ2d 2010, 2016 (Fed. Cir. t993); In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967). Further, combinations of independent claim 1 with any one of dependent claims 2-13 are obvious variations and/or modifications.
Claims 29-30, 33 and 37-40 are still rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 11955615. Although the claims at issue are not identical, they are not patentably distinct from each other because:
US Patent’615 claims the following (see claims 1-20):
1. A battery-powered portable tool comprising: a battery pack containing at least one all-solid-state battery cell; a tool main body, on which and/or inside which the battery pack is mountable and from which the battery pack is demountable; and a plurality of components; wherein the plurality of components is disposed in a first layout when the temperature is low and is disposed in a second layout when the temperature is high, the first layout differing from the second layout; the plurality of components is configured to automatically switch from the first layout to the second layout and vice versa in accordance with a temperature change; and the plurality of components includes: a warming-required component, which requires warming when the temperature is lower than a first boundary temperature, and a heat-dissipation-required component, which requires heat dissipation when the temperature is higher than a second boundary temperature; the warming-required component and the heat-dissipation-required component are both disposed in one of the battery pack or the tool main body; the first boundary temperature is lower than the second boundary temperature, and the plurality of components is switched from the first layout to the second layout and vice versa within a temperature range between the first boundary temperature and the second boundary temperature.
2. The battery-powered portable tool according to claim 1, further comprising: a bimetal or bimetal strip configured to switch the plurality of components between the first layout and the second layout.
3. The battery-powered portable tool according to claim 1, wherein the temperature range, in which the plurality of components is switched between the first layout and the second layout and vice versa, is between −5° C. and +50° C.
4. The battery-powered portable tool according to claim 2, further comprising: a heat-dissipating member, wherein the bimetal or bimetal strip has the property of changing its shape between a first configuration and a second configuration in accordance with temperature, and the bimetal or bimetal strip is configured such that: the heat-dissipation-required component and the heat-dissipating member are in a noncontacting state in the first configuration due to the temperature being equal to or lower than the first boundary temperature, and the heat-dissipation-required component and the heat-dissipating member are brought into contact in the second configuration due to the temperature being equal to or higher than the second boundary temperature.
5. The battery-powered tool according to the claim 4, wherein the bimetal or bimetal strip changes shape such that it switches between the contact state and the noncontacting state at the first boundary temperature.
6. The battery-powered tool according to claim 4, wherein the bimetal or bimetal strip changes shape such that it switches between the contact state and the noncontacting state at the second boundary temperature.
7. The battery-powered tool according to claim 1, wherein: the warming-required component includes a microprocessor, and the heat-dissipation-required component includes an inverter having at least one transistor.
8. The battery-powered portable tool according to claim 7, further comprising: a bimetal or bimetal strip configured to switch the plurality of components between the first layout and the second layout by changing its shape between a first configuration and a second configuration and vice versa in accordance with temperature; and a heat-dissipating member, wherein: the temperature range, in which the plurality of components is switched by the bimetal or bimetal strip from the first layout to the second layout and vice versa, is between −5° C. and +50° C., and the bimetal or bimetal strip is configured such that: the heat-dissipation-required component and the heat-dissipating member are in a noncontacting state in the first configuration due to the temperature being equal to or lower than the first boundary temperature, and the heat-dissipation-required component and the heat-dissipating member are brought into contact in the second configuration due to the temperature being equal to or higher than the second boundary temperature.
9. A battery-powered portable tool comprising: a battery pack containing at least one all-solid-state battery cell; a tool main body, on which and/or inside which the battery pack is mountable and from which the battery pack is demountable; and a plurality of components; wherein: the plurality of components is arranged in a first physical configuration in a first temperature range, the plurality of components is arranged in a second physical configuration in a second temperature range that is higher than the first temperature range, the first physical configuration differs from the second physical configuration, the plurality of components is configured to automatically switch: from the first physical configuration to the second physical configuration in response to a change from the first temperature range to the second temperature range, and from the second physical configuration to the first physical configuration in response to a change from the second temperature range to the first temperature range, and the plurality of components comprises: a warming-required component that requires warming when the temperature is lower than a first boundary temperature, and a heat-dissipation-required component that requires heat dissipation when the temperature is higher than a second boundary temperature; and wherein: the warming-required component and the heat-dissipation-required component are both disposed in one of the battery pack or the tool main body; the first boundary temperature is lower than the second boundary temperature, and the plurality of components is configured to be switched from the first physical configuration to the second physical configuration and vice versa between the first boundary temperature and the second boundary temperature.
10. The battery-powered portable tool according to claim 9, further comprising: a bimetal or bimetal strip configured to switch the plurality of components between the first physical configuration and the second physical configuration.
11. The battery-powered portable tool according to claim 9, wherein the plurality of components is switched from the first physical configuration to the second layout and vice versa between −5° C. and +50° C.
12. The battery-powered portable tool according to claim 10, further comprising: a heat-dissipating member, wherein the bimetal or bimetal strip changes from a first shape to a second shape and vice verso in accordance with a change in temperature, and the bimetal or bimetal strip is configured to cause: the heat-dissipation-required component to be spaced apart from the heat-dissipating member while the temperature is equal to or lower than the first boundary temperature and the bimetal or bimetal strip has assumed the first shape, and the heat-dissipation-required component to contact the heat-dissipating member while the temperature is equal to or higher than the second boundary temperature and the bimetal or bimetal strip has assumed the second shape.
13. The battery-powered tool according to the claim 12, wherein the bimetal or bimetal strip changes from the first shape to the second shape or vice versa in a temperature range encompassing the first boundary temperature.
14. The battery-powered tool according to the claim 12, wherein the bimetal or bimetal strip changes from the first shape to the second shape or vice versa in a temperature range encompassing the second boundary temperature.
15. The battery-powered tool according to claim 9, wherein: the warming-required component includes a microprocessor, and the heat-dissipation-required component includes an inverter having at least one transistor.
16. The battery-powered portable tool according to claim 15, further comprising: a bimetal or bimetal strip configured to switch the plurality of components between the first physical configuration and the second physical configuration and vice versa by changing from a first shape to a second shape and vice versa in accordance with a change in temperature; and a heat-dissipating member, wherein: the temperature range, in which the plurality of components is switched by the bimetal or bimetal strip from the first physical configuration to the second physical configuration and vice versa, is between −5° C. and +50° C., and the bimetal or bimetal strip is configured to cause: the heat-dissipation-required component to be spaced apart from the heat-dissipating member while the temperature is equal to or lower than the first boundary temperature and the bimetal or bimetal strip has assumed the first shape, and the heat-dissipation-required component to directly contact the heat-dissipating member while the temperature is equal to or higher than the second boundary temperature and the bimetal or bimetal strip has assumed the second shape.
17. A battery-powered portable tool comprising: a battery pack containing at least one all-solid-state battery cell; a tool main body, on which and/or inside which the battery pack is mountable and from which the battery pack is demountable; a warming-required component, which requires warming when the temperature is lower than a first boundary temperature; and a heat-dissipation-required component, which requires heat dissipation when the temperature is higher than a second boundary temperature; wherein: the warming-required component and the heat-dissipation-required component are both disposed in one of the battery pack or the tool main body; the first boundary temperature is lower than the second boundary temperature; a first layout of the warming-required component and the heat-dissipation-required component automatically switches in response to a temperature change to a second layout of the warming-required component and the heat-dissipation-required component and vice versa within a temperature range between the first boundary temperature and the second boundary temperature; and the first layout differs from the second layout.
18. The battery-powered portable tool according to claim 17, wherein: the warming-required component includes a microprocessor, and the heat-dissipation-required component includes an inverter having at least one transistor.
19. The battery-powered portable tool according to claim 17, further comprising: a heat-dissipating member; and a bimetal or bimetal strip; wherein the bimetal or bimetal strip has the property of changing its shape between a first configuration and a second configuration in accordance with temperature, and the bimetal or bimetal strip is configured such that: the heat-dissipation-required component and the heat-dissipating member are in a noncontacting state in the first layout due to the temperature being equal to or lower than the first boundary temperature, and the heat-dissipation-required component and the heat-dissipating member are brought into contact in the second layout due to the temperature being equal to or higher than the second boundary temperature.
20. The battery-powered portable tool according to claim 17, wherein the temperature range, in which the plurality of components is switched between the first layout and the second layout and vice versa, is between −5° C. and +50° C.
In this case, the claims of US Patent’615 fully encompass the more generic/broader subject matter recited in the claims of the present application. In re Goodman, 11 F.3d 1046, 1053, 29 USPQ2d 2010, 2016 (Fed. Cir. t993); In re Braithwaite, 379 F.2d 594, 154 USPQ 29 (CCPA 1967). Further, combinations of independent claims 1, 9 and 17 with any one of dependent claims 2-8, 10-16 and 18-20 are obvious variations and/or modifications.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: the applicant’s reply makes evident the reasons for allowance. Refer to the amendment dated 06/30/26 for details.
Response to Arguments
Applicant’s arguments, filed 06/30/26, with respect to claims 29-30, 33 and 37-40 have been fully considered and are persuasive. Thus, the prior art rejection of those claims has been withdrawn.
With respect to the double patenting rejections, applicant is reminded that 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A. Smith can be reached on (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752
Prosecution Insights