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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/2/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the connection section and the output section and the base section positioned near the connection section all configured to be positioned between the first hook section and the second hook section when placed in the left-right direction of Claim 2 lines 5-7, when viewed from the left-right direction, the connection section configured to protrude so as to not substantially overlap with the body section and the battery pack when the hanging hook is in the storage position of Claim 4 lines 1-3, the first hook section and the second hook section being positioned on an outer side of the left-right direction of the body section in the storage position of Claim 5 lines 8-9, the hanging hook disposed at a position at which the hanging hook does not overlap with the battery pack when viewed from a mounting direction side of the battery pack in the storage position of Claim 5 lines 8-11must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a flashlight, does not reasonably provide enablement for all embodiments of an electric device. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make or use the invention commensurate in scope with these claims.
Claims 1 and 5, and claims depending therefrom, are directed to “An electric device, comprising: a body section, configured to convert power to a predetermined conversion output and output the power converted forward; a battery pack, detachably mounted to the body section; and a hanging hook…” The claims do not require the electric device be a flashlight, light emission from any portion of the electric device, or specify the predetermined conversion output of the body section. However, the Specification discloses only an embodiment of an electric device as claimed being a flashlight (see, e.g., Specification paragraphs 4 and 19). Furthermore, the phrasing “electric device” encompasses devices broadly so as to include all devices powered by an electric component, and the required structure of a body section and detachable battery pack still encompass a broad range of electric devices capable of having a hook or being hung by a hook (e.g, power tools, yard equipment, hand held vacuum, etc.). Therefore, the claims encompass a scope beyond that reasonably disclosed by the original disclosure, and specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make or use the invention commensurate in scope with these claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 3, and 5-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
With regards to Claims 2 and 3, Claim 2 lines 5-7 recite the limitation “the connection section and the output section and the base section positioned near the connection section are all configured to be positioned between the first hook section and the second hook section when placed in the left-right direction”. It is unclear as to whether the connection section, output section, and base section near the connection section must be configured to be positioned between the first hook section and second hook section when the first hook section and second hook section are aligned in the left-right direction, whether the connection section, output section, and base section near the connection section must be configured to be positioned between the first hook section and second hook section when the connection section, output section, and base section near the connection section are placed in the left-right direction, or whether another required alignment is intended. For the purpose of examination, the examiner understands this limitation such that when the first hook section and second hook section are aligned with the left-right direction, the connection section, the output section, and the end of the base section positioned nearest the connection section are all configured to be between the first and second hook sections. The applicant is encouraged to clarify the alignment arrangement in the claim language, fully supported by the original disclosure.
With regards to Claim 5 and claims depending therefrom, Claim 5 lines 8-9 recite the limitation “in the storage position, the first hook section and the second hook section being positioned on an outer side of the left-right direction of the body section”. It is unclear as to whether, in the storage position, the first hook section and the second hook section are on an outer side of the body section in a left-right direction (i.e., the first hook section and second hook section are positioned on outer sides of the body section and opposite one another), or the first hook section and the second hook section are positioned on a same side being an outer side in a direction extending from left to right of the body section, or whether another arrangement is intended. For the purpose of examination, the examiner understands this limitation such that the first hook section and the second hook section are positioned on outer sides of the body section and opposite one another in the storage position. The applicant is encouraged to clarify in the claim language the intended arrangement of the first hook section and the second hook section relative the body section in the storage position, fully supported by the original disclosure.
Applications filed after March 15th 2013
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 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.
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.
Claims 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (US 2019/0017662) in view of Hopkins et al. (US 2022/0221115).
With regards to Claim 1, Zheng et al. discloses an electric device, comprising: a body section (comprising the section formed by portions [1,2], see paragraph 18 and Figure 1), configured to convert power to a predetermined conversion output and output the power converted forward (see paragraph 5); a battery pack [100] (see paragraph 18 and Figures 1, 2, and 3; the element [100] disclosed as a power supply is substantially a battery pack as suggested by the Figures); and a hanging hook [4], configured to be connected to the body section (see paragraphs 18 and 10 and Figure 6) and hung on an external long member extending in a left-right direction (see paragraph 18 and Figures 2 and 4; the hook [4] is substantially configured to be hung on an external long member extending in a left-right direction), and the hanging hook [4] comprising a first hook section which is configured to have one end connected to the body section and hook onto the long member, a second hook section which is configured to be provided at a position shifted in the left-right direction with respect to the first hook section, have one end connected to the body section, and hook onto the long member, and a connecting section which connects the other end of the first hook section and the other end of the second hook section so as not to move relative to each other (see Figures 2, 4, and 6; the hook [4] substantially includes a first and second hook section each connected to opposite ends of the body section and including a connecting section connecting ends of the first and second hook sections distal from the body section), and the hanging hook [4] being configured to be movable between a hooking position at which when viewed from the left-right direction, the first hook section, the second hook section, and the connecting section protrude so as not to substantially overlap with the body section and the battery pack (see Figure 6) and a storage position at which the first hook section and the second hook section are stored so as to substantially overlap with the body section, and the connecting section protrudes so as not to substantially overlap with at least the battery pack (see Figure 1).
Zheng et al. does not explicitly disclose the battery pack is detachably mounted to the body section.
Hopkins et al. teaches a battery pack detachably mounted to the body section (see paragraphs 4 and 39 and Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric device of Zheng et al. to include a battery pack detachably mounted to the body section, as taught by Hopkins et al. One would have been motivated to do so in order to allow for replacement of a power supply to the electric device (see Hopkins et al. paragraph 39).
With regards to Claim 2, Zheng et al. and Hopkins et al. disclose the electric device as discussed above with regards to Claim 1.
Zheng et al. further discloses the body section comprises an output section [2] configured to output the conversion output (see paragraph 19), a base section [1] (see paragraph 18 and Figures 1 and 2), and a connection section (comprising the section with portion [6], see paragraph 18 and Figures 1 and 2) which connects the output section [2] and the base section [1] to be rotatable relative to each other (see paragraph 18 and Figures 1, 3, and 4), and the connection section [6] and the output section [2] and the base section [1] positioned near the connection section [6] are all configured to be positioned between the first hook section and the second hook section when placed in the left-right direction (see Figures 1, 4, and 5; in a left-right direction, the connection section, output section, and base section positioned near the connection section are substantially between the first and second hook section).
Zheng et al. does not explicitly disclose the base section is configured to allow the battery pack to be detachable.
Hopkins et al. teaches a base section (comprising the section [14], see paragraph 21 and Figure 1) configured to allow the battery pack to be detachable (see paragraphs 21 and 39 and Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric device of Zheng et al. to include the base section is configured to allow the battery pack to be detachable, as taught by Hopkins et al. One would have been motivated to do so in order to allow for replacement of a power supply to the electric device (see Hopkins et al. paragraph 39).
With regards to Claim 3, Zheng et al. and Hopkins et al. disclose the electric device as discussed above with regards to Claim 2.
Zheng et al. further discloses when the hanging hook [4] is in the storage position (see Figures 1 and 4), the connecting section is configured to be in a position at which the connecting section does not contact the output section [2] when the output section [2] rotates with respect to the base section [1] (see Figures 1 and 4; the output section [2] can substantially rotate with respect to the base position [1] without contact between the output section [2] and the connecting section of the hanging hook [4]).
With regards to Claim 4, Zheng et al. and Hopkins et al. disclose the electric device as discussed above with regards to Claim 1.
Zheng et al. further discloses when the hanging hook [4] is in the storage position (see Figures 1 and 4), when viewed from the left-right direction, the connecting section is configured to protrude so as not to substantially overlap with the body section and the battery pack (see Figures 1 and 4).
With regards to Claim 5, Zheng et al. and Hopkins et al. disclose an electric device, comprising: a body section (comprising the section formed by portions [1,2], see paragraph 18 and Figure 1), configured to convert power to a predetermined conversion output and output the power converted forward (see paragraph 5); a battery pack [100] (see paragraph 18 and Figures 1, 2, and 3; the element [100] disclosed as a power supply is substantially a battery pack as suggested by the Figures); and a hanging hook [4], (see paragraphs 18 and 10 and Figure 6) connected to the body section (see paragraph 18) to be movable between a storage position (see Figure 1 and 4) and a hooking position (see Figure 6), and comprising a first hook section and a second hook section configured to be hookable onto a long member extending in a left-right direction (see Figures 2, 4, and 6; the hook [4] substantially includes a first and second hook section each connected to opposite ends of the body section), and in the storage position (see Figures 1 and 4), the first hook section and the second hook section being positioned on an outer side of the left-right direction of the body section (see Figures 4, 5, and 6; due to the attachment of the first hook section and the second hook section with outer portions of the body section, in the storage position the first hook section and second hook section are each positioned on outer sides of the body section in left-right directions) and the hanging hook [4] is disposed at a position at which the hanging hook [4] does not overlap with the battery pack [100] when viewed from a mounting direction side of the battery pack [100] (see Figures 1 and 5; due to the attachment of the first hook section and the second hook section with outer portions of the body section, in the storage position the first hook section and second hook section are each positioned on outer sides of the body section in left-right directions, and the battery pack [100] is substantially disposed internally to the portion [10], thereby substantially the hanging hook [4] is disposed at a position at which the hanging hook [4] does not overlap with the battery pack [100] when viewed from a mounting direction side of the battery pack [100]), and in the hooking position (see Figure 6), the first hook section and the second hook section protruding to a rear side beyond the body section to be hookable onto the long member (see Figure 6).
Zheng et al. does not explicitly disclose the battery pack is detachably mounted to the body section.
Hopkins et al. teaches a battery pack detachably mounted to the body section (see paragraphs 4 and 39 and Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric device of Zheng et al. to include a battery pack detachably mounted to the body section, as taught by Hopkins et al. One would have been motivated to do so in order to allow for replacement of a power supply to the electric device (see Hopkins et al. paragraph 39).
With regards to Claim 7, Zheng et al. and Hopkins et al. disclose the electric device as discussed above with regards to Claim 5.
Zheng et al. further discloses the hanging hook [4] is formed in a long rod shape and comprises the first hook section constituting one end section in a longitudinal direction of the hanging hook, the second hook section constituting the other end section in the longitudinal direction of the hanging hook (see Figure 2), and a connecting section constituting a middle section in the longitudinal direction of the hanging hook (see Figure 2), and in the storage position (see Figures 1 and 4), the first hook section and the second hook section are bent in a U- shape that opens toward the rear side when viewed from the left-right direction (see Figures 1 and 4), the connecting section connects an upper end section of the first hook section and an upper end section of the second hook section to each other, and a lower end section of the first hook section and a lower end section of the second hook section are bent toward an inner side of the left-right direction and rotatably connected to the body section with the left-right direction as an axial direction (see paragraph 18 and Figures 1 and 4).
With regards to Claim 8, Zheng et al. and Hopkins et al. disclose the electric device as discussed above with regards to Claim 7.
Zheng et al. further discloses the body section is configured to comprise an output section [2] which outputs the conversion output (see paragraph 19), a base section [1] (see paragraph 18 and Figures 1 and 2), and a connection section (comprising the section with portion [6], see paragraph 18 and Figures 1 and 2) which is provided on the base section [1] and connects a rear end section of the output section [2] (see paragraph 18 and Figures 1, 3, and 4), and in the storage position (see Figures 1 and 4), the first hook section and the second hook section are positioned on an outer side of the left-right direction of the connection section [6] (see Figures 1, 4, and 5; in a left-right direction, the connection section [6] is substantially on an inner side of the first and second hook sections).
Zheng et al. does not explicitly disclose the battery pack is detachably mounted to the base section.
Hopkins et al. teaches a base section (comprising the section [14], see paragraph 21 and Figure 1), the battery pack is detachably mounted to the base section (see paragraphs 21 and 39 and Figure 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric device of Zheng et al. to include a battery pack detachably mounted to a base section, as taught by Hopkins et al. One would have been motivated to do so in order to allow for replacement of a power supply to the electric device (see Hopkins et al. paragraph 39).
Allowable Subject Matter
Claims 6 and 9-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 1st paragraph, and under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With regards to Claim 6, the prior art of record fails to disclose or fairly suggest the arrangement of the battery pack mounted to a lower end section of the body section, and the hanging hook is positioned above the battery pack, and in the hooking position, the first hook section and the second hook section protrude to the rear side beyond the battery pack, in combination with the remaining limitations of the claim from which Claim 6 depends.
With regards to Claim 9 and claims depending therefrom, the prior art of record fails to disclose or fairly suggest the connection section covers the rear end section of the output section from an outer side and a rear side of the left-right direction and comprises an opening section which opens upward, the rear end section of the output section is rotatably connected to the connection section with the left-right direction as the axial direction, and in the storage position, the hanging hook is positioned at a position at which the hanging hook does not overlap with the opening section when viewed from above, in combination with the remaining limitations of the claims from which Claim 9 depends.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the prior art discussed in this action, the applicant is directed to form 892, and particularly the references Hsu (US 6,802,623), which discloses at least an electric device including a battery pack, a body section, and a hook movable between a storage position and a hanging position in which the electric device can be hung from a pole, the hook including a first hook section, second hook section, and a connecting section, Sharrah (USU 2022/0003394), which discloses at least an electric device including a rotating output section and a base section, a hook including a first hook section, a second hook section, and a connecting section for allowing the electric device to be hung from an elongated pole, Gross (US 2019/0003657), which discloses at least an electric device including a battery pack, a body section, and a hook movable between a storage position and a hanging position in which the electric device can be hung from a pole, the hook including a first hook section, second hook section, and a connecting section, Arena (US 2017/0284646), an electric device including a battery pack, a body section, and a hook movable between a storage position and a hanging position in which the electric device can be hung from a pole, the hook including a first hook section, second hook section, and a connecting section, and Wei (US 2011/0141751), which disclose at least an electric device including a body section and a hook movable between a storage position and a hanging position in which the electric device can be hung from a pole, the hook including a first hook section, second hook section, and a connecting section.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN KRYUKOVA whose telephone number is (571)272-3761. The examiner can normally be reached M-F 9a.m. - 4p.m.
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, Jong-Suk (James) Lee can be reached at 5712727044. 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.
/ERIN KRYUKOVA/Primary Examiner, Art Unit 2875
