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 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 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) 1-2, 6-7, and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suchoza (US 2024/0423141) in view of Nie et al. (US 2023/0380354).
In Reference to Claim 1
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner below)
Suchoza (Such) discloses:
A backpack power equipment comprising:
a power equipment including a motor (116) (See Such, Paragraph [0033]);
a base frame (12) to be worn on a user's back (See Such, Paragraph [0019]);
a connecting member (A) connecting the power equipment (116) to the base frame (12) about an axis at a first height (B) from a bottom of the base frame (12);
a first battery compartment (i.e.-casing and cover) mounted to the base frame (12) to receive a first battery pack (76) (See Such, Paragraphs [0034]-[0035]);
a first battery connector mounted to the base frame (12) to be connected to the first battery pack (76) that is inserted into the first battery compartment a motor controller module (78) mounted to the base frame to control operations of the motor of the power equipment (See Such, Paragraphs [0027]-[0029] & [0034]-[0035]); and
wherein a bottom of the first battery compartment (C), a bottom of the first battery connector, and a bottom of the motor controller module (78) are all positioned above the first height (B).
Such discloses the claimed invention except:
The controller includes a separate controller for battery management.
Nie et al. (Nie) discloses a battery backpack blower device. (See Nie, Abstract). Nie discloses using a separate battery control module and a motor control module to manage the battery and motor control. (See Nie, Paragraph [0074).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a battery control module (power) and motor control module instead of a single motor control module in the same location, as both references are directed towards battery backpack blower devices. One of ordinary skill in the art would have recognized that using two separate controllers would have been a simple substitution of one known device (single controller) for two separate devices to yield the predictable result of control power and motor operations. Additionally, one of ordinary skill in the art would have recognized that separate but connected control modules (i.e.-separate logic blocks or separate circuit boards) as one of ordinary skill in the art would have recognized that making a single controller circuit separate circuits is a well-known variant in the art. Finally, one of ordinary skill in the art would have recognized that separate circuit boards would allow for easy replacement in the event of a circuit board failure.
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In Reference to Claim 2
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses:
wherein the motor controller module (78) is positioned adjacent to the battery management module (also 78, see obviousness rejection below). (See Such, Paragraphs [0027]-[0029] & Nie, Paragraph [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a battery control module (power) and motor control module instead of a single motor control module in the same location, as both references are directed towards battery backpack blower devices. One of ordinary skill in the art would have recognized that using two separate controllers would have been a simple substitution of one known device (single controller) for two separate devices to yield the predictable result of control power and motor operations. Additionally, one of ordinary skill in the art would have recognized that separate but connected control modules (i.e.-separate logic blocks or separate circuit boards) as one of ordinary skill in the art would have recognized that making a single controller circuit separate circuits is a well-known variant in the art. Finally, one of ordinary skill in the art would have recognized that separate circuit boards would allow for easy replacement in the event of a circuit board failure.
In Reference to Claim 6
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses:
further comprising: a stand (D) mounted to the base frame (12) below the first height (B), wherein the stand (D) is to hold the backpack power equipment at an upright position when the backpack power equipment is positioned on a horizontal surface.
The Examiner notes that frame portion (D) would hold the backpack upright when placed on a flat surface.
In Reference to Claim 7
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses:
further comprising a foot (E) extending from the stand (D) in a direction toward the power equipment (116), wherein the foot (E) assists in holding the base frame (12) and the power equipment (116) at the upright position. (See Such, Figures 7-8).
The Examiner notes that the piece (E) extends at least in one direction towards the power equipment and additionally that piece (E) includes a portion that would be between the ground and the stand (D) thus assisting the holding of the base frame and power equipment upright.
In Reference to Claim 9
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses:
further comprising: a harness mounted to the base frame, the harness including: a lumbar support; a pair of shoulder straps connected to the lumbar support; and a hip strap removably connected to the lumbar support. (See Such, Paragraph [0019] w/respect to straps and belt and ergonomic supporting back place).
In Reference to Claim 10
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses:
wherein an upper portion of the base frame (12) above the first height (B) is heavier than a lower portion of the base frame (12) below the first height (B). (See Such, Figures 7-8).
The Examiner notes that as the lower portion below the first height is merely a lightweight portion of the frame assembly, while the upper portion encompasses the batteries and controllers that the lower portion will be lighter than the upper portion.
Claim(s) 8, 11-12, and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suchoza (US 2024/0423141) in view of Nie et al. (US 2023/0380354), further in view of Yamaoka et al. (US 2016/0345714).
In Reference to Claim 8
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses the claimed invention except:
wherein the connecting member comprises: a housing; a tube rigidly constrained in the housing; and a sleeve mounted to the power equipment, wherein the tube is inserted within the sleeve and the sleeve provides a smooth surface about which the tube is to rotate.
Yamaoka et al. (Yama) discloses a battery backpack with a connecting member for an axial blower. (See Yama, Abstract). Yama discloses wherein the connecting member comprises: a housing (310); a tube (350) rigidly constrained in the housing (310); and a sleeve (318) mounted to the power equipment, wherein the tube (350) is inserted within the sleeve (318) and the sleeve (318) provides a smooth surface about which the tube (350) is to rotate. (See Yama, Figures 8-9, Paragraphs [0108]-[0109]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the pivoting mechanism of Yama, as both references are directed towards battery backpacks with connecting members for axial blowers. One of ordinary skill in the art would have recognized that the pivoting mechanism of Yama would have allowed for the movement and rotation of the axial blower of Such increasing the versatility through a multi-axis connection and providing a safe cord connection improving user experience and reducing obstructions. (See Yama, Paragraph [0108]).
In Reference to Claim 11
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner below)
Such discloses:
A backpack blower comprising:
a base frame (12) to be worn on a user of the backpack blower's back (See Such, Paragraph [0019]);
an axial blower having a motor (116) (See Such, Paragraph [0033]);
a connecting member (A) connecting the axial blower (116) to the base frame at a first height (B) from a bottom of the base frame (12),
at least one battery compartment (i.e.-casing and cover) to receive at least one battery pack (76) (See Such, Paragraphs [0034]-[0035]);
at least one battery connector to connect to the at least one battery pack (76) that is inserted in the at least one battery compartment (See Such, Paragraphs [0027]-[0029] & [0034]-[0035]);
a first module (78) to control the motor of the axial blower (116) (See Such, Paragraphs [0027]-[0029] & [0034]-[0035]); and
wherein a bottom of the at least one battery compartment, a bottom of the at least one battery connector, and a bottom of the first module (78) are all mounted on the base frame above the first height (B) to cause an upper portion of the base frame (12) above the first height (B) to be heavier than a lower portion of the base frame (12) below the first height.
The Examiner notes that as the lower portion below the first height is merely a lightweight portion of the frame assembly, while the upper portion encompasses the batteries and controllers that the lower portion will be lighter than the upper portion.
Such discloses the claimed invention except:
wherein the connecting member enables the axial blower to be rotatable with respect to the base frame and a second module to manage operation of the at least one battery pack electrically connected to the base frame.
Nie et al. (Nie) discloses a battery backpack blower device. (See Nie, Abstract). Nie discloses using a separate battery control module and a motor control module to manage the battery and motor control. (See Nie, Paragraph [0074). Additionally, Nie discloses vertically rotatably mounting the axial blower to the base frame. (See Nie,
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a battery control module (power) and motor control module instead of a single motor control module in the same location, as both references are directed towards battery backpack blower devices. One of ordinary skill in the art would have recognized that using two separate controllers would have been a simple substitution of one known device (single controller) for two separate devices to yield the predictable result of control power and motor operations. Additionally, one of ordinary skill in the art would have recognized that separate but connected control modules (i.e.-separate logic blocks or separate circuit boards) as one of ordinary skill in the art would have recognized that making a single controller circuit separate circuits is a well-known variant in the art. Finally, one of ordinary skill in the art would have recognized that separate circuit boards would allow for easy replacement in the event of a circuit board failure.
Yamaoka et al. (Yama) discloses a battery backpack with a connecting member for an axial blower. (See Yama, Abstract). Yama discloses wherein the connecting member comprises: a housing (310); a tube (350) rigidly constrained in the housing (310); and a sleeve (318) mounted to the power equipment, wherein the tube (350) is inserted within the sleeve (318) and the sleeve (318) provides a smooth surface about which the tube (350) is to rotate. (See Yama, Figures 8-9, Paragraphs [0108]-[0109]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the pivoting mechanism of Yama, as both references are directed towards battery backpacks with connecting members for axial blowers. One of ordinary skill in the art would have recognized that the pivoting mechanism of Yama would have allowed for the movement and rotation of the axial blower of Such increasing the versatility through a multi-axis connection and providing a safe cord connection improving user experience and reducing obstructions. (See Yama, Paragraph [0108]).
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In Reference to Claim 12
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination as modified by Yama discloses:
wherein the first module is a motor controller module (78) and the second module is a battery management module (78). (See Nie, Paragraph [0074).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a battery control module (power) and motor control module instead of a single motor control module in the same location, as both references are directed towards battery backpack blower devices. One of ordinary skill in the art would have recognized that using two separate controllers would have been a simple substitution of one known device (single controller) for two separate devices to yield the predictable result of control power and motor operations. Additionally, one of ordinary skill in the art would have recognized that separate but connected control modules (i.e.-separate logic blocks or separate circuit boards) as one of ordinary skill in the art would have recognized that making a single controller circuit separate circuits is a well-known variant in the art. Finally, one of ordinary skill in the art would have recognized that separate circuit boards would allow for easy replacement in the event of a circuit board failure.
In Reference to Claim 15
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination as modified by Yama discloses:
further comprising: a stand (D) mounted to the base frame (12), wherein the stand (D) is to hold the backpack blower at an upright position when the backpack blower is positioned on a horizontal surface; and a foot (E) extending from the stand (D) in a direction toward the axial blower (116), wherein the foot (E) assists in holding the base frame (12) at the upright position.
The Examiner notes that the piece (E) extends at least in one direction towards the power equipment and additionally that piece (E) includes a portion that would be between the ground and the stand (D) thus assisting the holding of the base frame and power equipment upright.
In Reference to Claim 16
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination as modified by Yama discloses:
further comprising: a harness mounted to the base frame, the harness including: a lumbar support; a pair of shoulder straps connected to the lumbar support; and a hip strap removably connected to the lumbar support. (See Such, Paragraph [0019] w/respect to straps and belt and ergonomic supporting back place).
In Reference to Claim 17
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination as modified by Yama discloses:
wherein the axial blower comprises: a baffle (46) ;a fan (54) housed in the baffle (46); and a motor shaft connecting the motor to the fan, wherein a portion of the motor shaft extends beyond an outer surface of the fan (54), and wherein a runout of the motor shaft is measurable. (See Such, Paragraph [0021]).
The Examiner notes that the mechanical coupling of the motor and the impeller requires a shaft connection which will extend between the motor and impeller and thus said connection will extend beyond an outer surface of the impeller of which extension is measurable.
In Reference to Claim 18
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner below)
The Such-Nie combination as modified by Yama discloses:
A backpack blower comprising:
a base frame (12) to be worn on a user of the backpack blower's back (See Such, Paragraph [0019]), the base frame (12) including a stand (D) having a foot (E) that extends in one direction from the stand (D), wherein the stand (D) and the foot (E) are to hold the backpack blower at an upright position when the backpack blower is positioned on a horizontal surface; (See Such, Figures 7-8).
The Examiner notes that the piece (E) extends at least in one direction towards the power equipment and additionally that piece (E) includes a portion that would be between the ground and the stand (D) thus assisting the holding of the base frame and power equipment upright.
an axial blower (116) having a motor (See Such, Paragraphs [0021] & [0033]);
a connecting member (A) connecting the axial blower (116) to the base frame (12) at a first height (B) from a bottom of the base frame (12),
a first battery compartment (i.e.-casing and cover) to receive at least one battery pack (76) (See Such, Paragraphs [0034]-[0035]);
at least one battery connector to connect to the at least one battery pack (76) inserted in the at least one battery compartment (See Such, Paragraphs [0027]-[0029] & [0034]-[0035]);
a first motor controller module (78) comprising electronics to control the motor of the axial blower (See Such, Paragraphs [0027]-[0029] & [0034]-[0035]); and
wherein a bottom of the at least one battery compartment, a bottom of the battery connector, and a bottom of the first motor controller module (78) are all mounted on the base frame (12) above the first height (B) to cause an upper portion of the base frame (12) above the first height (B) to be heavier than a lower portion of the base frame (12) below the first height (B).
The Examiner notes that as the lower portion below the first height is merely a lightweight portion of the frame assembly, while the upper portion encompasses the batteries and controllers that the lower portion will be lighter than the upper portion.
Such discloses the claimed invention except:
wherein the connecting member enables the axial blower to be vertically rotatable with respect to the base frame and a second battery management module comprising electronics to manage operation of the at least one battery pack electrically connected to the base frame inserted in the at least one battery compartment.
Nie et al. (Nie) discloses a battery backpack blower device. (See Nie, Abstract). Nie discloses using a separate battery control module and a motor control module to manage the battery and motor control. (See Nie, Paragraph [0074). Additionally, Nie discloses vertically rotatably mounting the axial blower to the base frame. (See Nie,
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a battery control module (power) and motor control module instead of a single motor control module in the same location, as both references are directed towards battery backpack blower devices. One of ordinary skill in the art would have recognized that using two separate controllers would have been a simple substitution of one known device (single controller) for two separate devices to yield the predictable result of control power and motor operations. Additionally, one of ordinary skill in the art would have recognized that separate but connected control modules (i.e.-separate logic blocks or separate circuit boards) as one of ordinary skill in the art would have recognized that making a single controller circuit separate circuits is a well-known variant in the art. Finally, one of ordinary skill in the art would have recognized that separate circuit boards would allow for easy replacement in the event of a circuit board failure.
Yamaoka et al. (Yama) discloses a battery backpack with a connecting member for an axial blower. (See Yama, Abstract). Yama discloses wherein the connecting member comprises: a housing (310); a tube (350) rigidly constrained in the housing (310); and a sleeve (318) mounted to the power equipment, wherein the tube (350) is inserted within the sleeve (318) and the sleeve (318) provides a smooth surface about which the tube (350) is to rotate. (See Yama, Figures 8-9, Paragraphs [0108]-[0109]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the pivoting mechanism of Yama, as both references are directed towards battery backpacks with connecting members for axial blowers. One of ordinary skill in the art would have recognized that the pivoting mechanism of Yama would have allowed for the movement and rotation of the axial blower of Such increasing the versatility through a multi-axis connection and providing a safe cord connection improving user experience and reducing obstructions. (See Yama, Paragraph [0108]).
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Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suchoza (US 2024/0423141) in view of Nie et al. (US 2023/0380354), further in view of Yang et al. (US 2023/0270058).
In Reference to Claim 3
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination discloses: a second battery (76) connected adjacent to the first battery (76) and above the first height (B).
The Such-Nie combination discloses the claimed invention except:
The second battery and first battery have separate first and second compartments mounted to the base frame.
Yang discloses a battery mounting compartment system. (See Yang, Paragraphs [0069]-[0073]). Yang discloses separate battery compartments for mounting and connecting first and second batteries. (See Yang, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
In Reference to Claim 4
(See Suchoza, Figures 1-6 and 8, and Figure 7 as annotated by Examiner above)
The Such-Nie combination as modified by Yang discloses:
wherein the motor controller module (78) and the battery management module (78) are positioned between the first and second battery connector compartments and the base frame (12). (See Such, Paragraphs [0027]-[0029] & See Yang, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
In Reference to Claim 5
The Such-Nie combination as modified by Yang discloses:
further comprising: a battery guard having: a first portion (F) cantilevered from the base frame; and a second portion (G) connected to a free end of the first portion (F), the second portion (G) having a larger width than the first portion (F), wherein the first portion (F) and the second portion (G) form of the battery guard form parts of the first and second battery compartments (212), and wherein the second battery compartment (212) is separated from the first battery compartment (212) by the first portion (G). (See Yang, Figures 14-15, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
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Claim(s) 13-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suchoza (US 2024/0423141) in view of Nie et al. (US 2023/0380354) and Yamaoka et al. (US 2016/0345714), further in view of Yang et al. (US 2023/0270058).
In Reference to Claim 13
The Such-Nie combination as modified by Yama discloses:
wherein the at least one battery compartment includes a first battery compartment (i.e.-casing), and connector to connect to and support the at least one battery (76), wherein the at least one battery connector is mounted to the base frame (12) such that wherein the first module (78) is positioned between the first battery (76) and the base frame (12), and the second module (78) is positioned between the at least one second battery (76) and the base frame (12). (See Such, Paragraphs [0027]-[0029] & [0034]-[0035] and See Nie, Paragraph [0074).
The Such-Nie combination as modified by Yama discloses the claimed invention except:
a second battery compartment.
Yang discloses a battery mounting compartment system. (See Yang, Paragraphs [0069]-[0073]). Yang discloses separate battery compartments for mounting and connecting first and second batteries. (See Yang, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
In Reference to Claim 14
The Such-Nie combination as modified by Yama and Yang discloses:
further comprising: a battery guard having: a first portion (F) cantilevered from the base frame; and a second portion (G) connected to a free end of the first portion (F), the second portion (G) having a larger width than the first portion (F), wherein the first portion (F) and the second portion (G) form of the battery guard form parts of the first and second battery compartments (212), and wherein the second battery compartment (212) is separated from the first battery compartment (212) by the first portion (G). (See Yang, Figures 14-15, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
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In Reference to Claim 19
The Such-Nie combination as modified by Yama discloses:
wherein the at least one battery compartment includes a first battery compartment (i.e.-casing), and connector to connect to and support the at least one battery (76), wherein the at least one battery connector is mounted to the base frame (12) such that wherein the first module (78) is positioned between the first battery (76) and the base frame (12), and the second module (78) is positioned between the at least one second battery (76) and the base frame (12). (See Such, Paragraphs [0027]-[0029] & [0034]-[0035] and See Nie, Paragraph [0074).
The Such-Nie combination as modified by Yama discloses the claimed invention except:
a second battery compartment.
Yang discloses a battery mounting compartment system. (See Yang, Paragraphs [0069]-[0073]). Yang discloses separate battery compartments for mounting and connecting first and second batteries. (See Yang, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
In Reference to Claim 20
The Such-Nie combination as modified by Yama and Yang discloses:
further comprising: a battery guard having: a first portion (F) cantilevered from the base frame; and a second portion (G) connected to a free end of the first portion (F), the second portion (G) having a larger width than the first portion (F), wherein the first portion (F) and the second portion (G) form of the battery guard form parts of the first and second battery compartments (212), and wherein the second battery compartment (212) is separated from the first battery compartment (212) by the first portion (G). (See Yang, Figures 14-15, Paragraphs [0069]-[0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the separate battery mounting compartment connection of Yang, as both references are directed towards backpack battery mount devices. One of ordinary skill in the art would have recognized that the battery compartment system of Yang would have prevented unwanted rigid collision of the battery with the casing and provided adequate cooling for the battery pack. (See Yang, Paragraphs [0069]-[0073]).
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Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Remy and Barth show backpack power devices within the general state of the art of invention.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW THOMAS LARGI whose telephone number is (571)270-3512. The examiner can normally be reached 8:00 - 4:00 M-F.
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, Essama Omgba can be reached at (469) 295-9278. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW T LARGI/Primary Examiner, Art Unit 3746