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 .
Response to Amendment
Acknowledgement is made of amendment filed on 01/21/2026 in which claims 1 and 13 are currently amended, claims 5 and 17 have been canceled while claim 21 has been newly added. By this amendment, claims 1-4,6-16,18-21 are now pending in the application for prosecution.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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 21 is rejected under 35 U.S.C. 103 as being unpatentable over Gardner et al., (Gardner) USPAT 5,391,972 in view of Jung et al., (Jung) KR 20170012669 A(machine Translation).
Regarding claim 21: Gardner at least discloses and shows in Figs. 16-18: A battery pack(14) for a power tool(col. 13, lines 30-34), comprising: a housing(126) comprising a first material(a suitable substantially rigid plastic material)(see col. 7, lines 31-34); a cell assembly(210) disposed in the housing(126) and comprising a plurality of cell units(124), wherein each of the plurality of cell units(124) comprises a positive electrode(218) and a negative electrode(222)(see Figs. 17-18 and col. 9, lines 15-25 and 26-31), and the plurality of cell units(124) are stacked sequentially along an up-and-down direction(see Figs. 3,11,13 and 16)(note-"stick pack" configuration of battery pack (FIGS. 3, 11 and 13) is advantageous for packs of a smaller total number of cells and for tool environments, for example, where the simple elongated cylindrical form of FIG. 3 is desirable; or where the more compact but essentially flat form of Fig. 13 is appropriate; see col. 8, lines 36-43); and a cell support(232) comprising a second material, which is configured to support at least the cell assembly(preferably the boot 232 is of natural rubber, or as an alternative, a flexible plastic)(see col. 9, lines 57-61); wherein the cell support(232) is at least disposed at front and rear ends of the cell assembly(210) to encapsulate both ends(note-the cell subassembly 210 is enshrouded in a tight fitting "boot" 232; see col. 9, lines 57-59), at least part of the cell support(232) encapsulates(enshrouds) the positive electrode(218) of each of the plurality of cell units(124) and the negative electrode(222) of each of the plurality of the cell units(124)( see col. 9, lines 57-59), and the first material is different from the second material(note- that rigid plastic material is different from natural rubber or flexible plastic).
Gardner does not teach the limitations of:
the each of the plurality of cell units has a flat pouch-like structure
Jung discloses factual evidence of, each of the plurality of cell units(100) has a flat pouch-like structure(see [0003],[0025],[0026]).
Gardner and Jung are battery pack analogous art. It would have been obvious to combine the teachings of Jung with Gardner by having the each of the plurality of cell units has a flat pouch-like structure, as recited, to make the battery pack heat-sealed and to further provide methods which can reliably protect the battery pack including a battery cell for the external vibration or impact, as per the teachings of Jung ([0004]).
Accordingly claim 21 would have been obvious.
Allowable Subject Matter
Claims 1-4,6-16,18-20 are allowed. Reasons for allowance were already given in office action paper No./mail date 20251020.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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M'BAYE DIAO
Primary Examiner
Art Unit 2859
/M BAYE DIAO/Primary Examiner, Art Unit 2859 February 19, 2026