WEARABLE AND REPLACEABLE POUCH OR SKIN FOR HOLDING A PORTABLE BATTERY PACK
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
In response to communication filed on 1/29/2026:
No claims have been amended; no new matter has been entered.
Previous double patenting rejections have been withdrawn.
Previous rejections under 35 USC 103 have been upheld.
Response to Arguments
Applicant's arguments filed 1/29/2026 have been fully considered but they are not persuasive.
The Applicant discloses: “However, this [the structure in Weinstein, Fig. 8] is not the same physical structure as the spring of the present invention nor is this structure placed in the same position on the cable as in the present invention. Weinstein does not describe the structure between the end of the cord portion 262 and the head 264, nor does Weinstein describe any type of spring or protective structures for its cables at all. Importantly, the structure between the end of the cord portion 262 and the head 264 does not extend through the battery cover of Weinstein as in the present application. Moreover, Weinstein fails to teach any type of protective structure that extends through the battery cover of the portable power charger such that a portion of the spring is positioned inside the battery cover and a portion of the spring is positioned outside the battery cover. Thus, Weinstein fails to teach "wherein the at least one lead includes a cable portion with a spring provided around the cable portion, wherein the cable portion and the spring are held within the battery cover such that a portion of the spring is positioned inside the battery cover and a portion of the spring is positioned outside the battery cover."
The Examiner respectfully traverses. As disclosed in previous Action, annotated Figs. 8 and 9B show half of the spring faces outward while the other half faces inward.
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Annotated figures 8 and 9A of Weinstein
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.
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.
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.
Claims 1-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over McElroy et al. (US 2011/0173731 A1), Thomas et al. (US 2010/0115680 A1) and further in view of Weinstein et al. (US 2013/0043827 A1).
Regarding claims 1, 6, 11, and 13, McElroy et al. teach a system for supplying power to at least one power consuming device (Paragraph 0059; Figure 2A disclose a portable power system assembly, element 200A.) comprising:
a battery pack including at least one battery (Fig.1 discloses a power plate, element 102, which is similar to power plate, element 202, in Fig. 2A. The power plate, element 102/202, comprises multiple battery cells, elements 122a-p.), control electronics (Fig. 1 discloses the power plate, element 102, (analogous to element 202 in Fig. 2A), comprises a processor, element 128, relating to the control electronics limitation.), and
at least one remote device (Paragraph 0037; Figs. 1; 2A disclose that the display, element 106, 208 may be any device suitable for visually conveying dynamic information to a user of the portable power system assembly, element 200A.);
wherein the at least one battery includes a battery cover operable to accommodate wires of at least one lead (Figs. 1 and 2A disclose a cover, elements 120 and 204 respectively. Further, these cover cables, element 210, connected to the power plate, element 202.);
wherein the control electronics measure the state of charge of the at least one battery (Paragraph 0048; Fig. 1 discloses the power plate, element 102, (analogous to element 202 in Fig. 2A), comprises a processor, element 128, relating to the control electronics limitation. Further, the processor controls a charge level module, element 132.);
However, McElroy does not disclose the addition of a communications interface; wherein the communications interface is operable to connect to a network to transmit the state of charge of the at least one battery to the at least one remote device; and
wherein the at least one remote device is operable to display a state of charge of the at least one battery.
Thomas et al. teach an armored garment (Fig. 1, element 100) comprising body armor (Fig. 1, element 101) operatively associated with a garment (Fig. 1, element 103) wherein the body armor (Fig. 1, element 101) comprises an armor plate (Fig. 2, element 201) and an electrical energy storage (Fig. 2, element 203) that conforms to the armor plate (Fig. 2, element 201)(Paragraphs 0021-0022). Further, a communications interface is operable to connect to a network to transmit the state of charge of the at least one battery to the at least one remote device (Paragraph 0047; Figure 6 disclose a wireless transmitter, element 625, may be provided for reporting the health and/or charge condition of the electrical energy storage layer, element 203.). Although not explicitly disclosed by Thomas, the ordinary artisan may at once envisage a separate wireless device (remote device) by which the health and/or charge condition of the electrical energy storage layer may be viewed.
Therefore, it would have been obvious to one of ordinary skill in the art to have modified the portable power assembly of McElroy with the wireless transmitter of Thomas in order to transmit a charge condition to a remote location, such as to the location of a military commander or supervising officer.
However, neither McElroy nor Thomas et al. teach wherein the at least one lead includes a cable portion with a spring provided around the cable portion, wherein the cable portion and the spring are held within the battery cover such that a portion of the spring is positioned inside the battery cover and a portion of the spring is positioned outside the battery cover.
Weinstein et al. teach a charger unit comprising a charger housing with a power input and at least one power output. A rechargeable battery is disposed within the charger housing and is operatively connected with the power input (Paragraph 0011; Figure 8, element 210 discloses the entire charger unit.). Further, the cover (Fig. 8, element 220) comprises two leads (Fig. 8, element 262) with a spring around the cable portion (See annotated figure 8 below.); wherein the cable portion and the spring are held within the battery cover such that a portion of the spring is positioned inside the battery cover and a portion of the spring is positioned outside the battery cover (Annotated Figs. 8 and 9B show half of the spring faces outward while the other half faces inward.).
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Annotated figures 8 and 9A of Weinstein
Therefore, it would have been obvious to one of ordinary skill in the art to modify McElroy and Thomas with Weinstein in order to avoid parts from sticking out.
Regarding claim 2, the combination of McElroy, Thomas, and Weinstein et al.t each the system of claim 1. Further, McElroy et al. teach wherein the at least one power consuming device includes at least one power distribution (Fig. 2A, element 204 discloses the power plate.) and data hub (Fig. 2A, element 206 discloses a hub.), and wherein the at least one power distribution and data hub is operable to supply power to at least one peripheral device (Paragraph 0059 disclose both are operable to supply power via cables, elements 210, 212, and 214.).
Regarding claim 3, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. Further, McElroy et al. teach wherein one or more of the battery covers of the at least one battery, the at least one power distribution and data hub, and a battery back plate of the at least one battery have a curvature or a contour adapted to conform to a curvature or a contour of a load-bearing platform or a wearer (Figs. 2A and 2B clearly illustrate the curvature of the power plates, elements 202, 204.).
Regarding claims 4 and 5, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. Further, McElroy et al. teach wherein the at least one power distribution and data hub and/or the at least one battery include at least one layer of a material resistant to heat, bullets and/or shrapnel (Paragraphs 0039-0040 disclose that the power plates, elements 202 and 204 and constituent components thereof may be military ruggedized for field use. Further, the armor plate, element 120, provides ballistic protection which inherently is bullet and shrapnel resistant.).
Regarding claim 7, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. Further, McElroy et al. teach wherein the at least one peripheral device includes at least two peripheral devices, and wherein the power distribution and data hub is operable to transfer data between the at least two peripheral devices (Paragraph 0060; Fig. 2B discloses the portable power system, element 200A, may further include a GPS device, element 216, a battery charger, element 218, a land radio, element 220, and a multi-band raid, element 222.).
Regarding claim 8, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. Further, McElroy et al. teach wherein the power distribution and data hub is enclosed in a wearable pouch (Paragraph 0023 discloses the enclosure in a sleeve.).
Regarding claim 9, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. Further, McElroy et al. teach wherein the power distribution and data hub is operable to measure a bus voltage of the at least one battery and transmit the bus voltage to the at least one remote device, wherein the state of charge is related to the bus voltage. (Paragraph 0048; Fig. 1 discloses the power plate, element 102, (analogous to element 202 in Fig. 2A), comprises a processor, element 128, relating to the control electronics limitation. Further, the processor controls a charge level module, element 132.)
Regarding claim 10, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. Further, McElroy et al. teach wherein the at least one remote device includes a tablet or a smartphone (Paragraph 0037 discloses that the display, figure 2A, element 208, may be any device suitable for visually conveying dynamic information to a user of the portable power system assembly, element 200A.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over McElroy et al. (US 2011/0173731 A1), Thomas et al. (US 2010/0115680 A1), and Weinstein et al. (US 2013/0043827 A1) as applied to claim 1 above, and further in view of Hilliard et al. (US 8,720,762 B2).
Regarding claim 12, the combination of McElroy, Thomas, and Weinstein et al. teach the system of claim 1. However, they do not teach wherein the battery pack is Modular Lightweight Load- carrying Equipment (MOLLE)-compatible.
Hilliard et al. teach the ability to have a wearable pouch including MOLLE compatible attachment devices (Fig. 2 discloses a load carrier system, element 200 comprising straps, elements 206 and 216 making the system MOLLE-compatible. Col. 7, lines 55-65 discloses the system provides a reduction in weight.).
Therefore, would have been obvious to one having ordinary skill in the art to take the modified device of McElroy, Thomas, and Weinstein and include MOLLE compatible attachment portions as demonstrated by Hilliard because such a change would allow the modified device to attach to additional surfaces or objects thereby increasing the overall versatility of the pouches of McElroy.
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 DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Tavares-Crockett can be reached at 571-272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 February 18th, 2026