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 .
This action is in response to the amendment filed on 09/08/26.
Claims 1-11, 15-17 and 20-22 are pending and have been examined.
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 1, 5, 6, 8 and 10 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. Claims 1, 5, 6, 8 and 10 have been amended to recite that the charging port and charge indicator, respectively, are “flush with the end of said housing.” However, the specification as originally filed does not expressly describe the charging port or charge indicator as being flush with the end of the battery housing. Furthermore, the originally filed drawings do not identify or clearly illustrate such a flush relationship. The original disclosure therefore does not appear to reasonably convey to one of ordinary skill in the art that the inventor had possession of the specifically claimed flush arrangements as of the effective filing date.
Claims 17 and 21-22 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement.
Claims 17 and 21-22 has been amended to recite “wherein ends of selected ones of said battery cells are longitudinally staggered relative to ends of other ones of said battery cells.” However, the specification as originally filed does not describe the opposed ends of selected battery cells as being longitudinally staggered relative to the ends of other battery cells. Furthermore, FIG. 4 of the originally filed drawings illustrates a cross-sectional arrangement of battery cells 22, 24, 56, 58, and 62 within the battery housing. Although FIG. 4 illustrates the relative positioning of the battery cells in directions transverse to their longitudinal axes, it does not illustrate the longitudinal ends of the cells or establish that the ends of selected cells are offset relative to the ends of other cells along their longitudinal axes.
The originally filed specification and drawings do not reasonably convey to one of ordinary skill in the art that the inventor was in possession of the claimed arrangement wherein ends of selected battery cells are longitudinally staggered relative to ends of other battery cells at the time of filing.
Accordingly, absent an identification of adequate support in the original disclosure, the amended limitations fail to satisfy the written description requirement of 35 U.S.C. 112(a).
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 1-11, 15-17 and 20-22 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor regards as the invention.
Claims 1, 8 and 10 recite “wherein said charging port is flush with the end of said housing,” and claims 5 and 6 recite “wherein said charge indicator is flush with the end of said housing.” The specification and drawings do not expressly identify or describe a flush relationship between the charging port and the end of the housing or between the charge indicator and the end of the housing. Although the term “flush” generally refers to surfaces that are level with one another, the claims do not identify which particular surfaces of the charging port and charge indicator are required to be flush with the end of the housing. Furthermore, the specification and drawings do not provide clarification as to whether the flush relationship refers to the outer surface, an exposed face, a mounting surface, or another portion of the respective component.
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.
Claim(s) 1-3, 6-8, 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (WO 2021/084990) in view of Gustafson et al. (2024/0055984).
Regarding claims 1 and 8, Yoshida discloses a power tool system comprising: a battery pack (100; fig. 1) having a housing (Fig. 3) and a plurality of battery cells (145-149; Figs. 3 and 10) within said housing, wherein said battery cells have parallel longitudinal axes extending in a longitudinal direction (Figs. 3, 7 and 10); and a power tool device (1) configured to be coupled to said battery pack, wherein said power tool device is configured to rotate a tool (9) about a rotation axis of said power tool device while said power tool device is coupled to said battery pack, and wherein said rotation axis extends in said longitudinal direction (along the tool’s 9 longitudinal axis), but fails to disclose wherein said housing includes a charging port disposed on an end of said housing. Gustafson discloses a power tool comprising a battery pack with a housing a cells within said housing, wherein said housing includes a charging port disposed on an end of said housing for the purposes of charging battery cells within the battery pack. It would have been obvious to one having ordinary skills in the art before the effective filling date of the claimed invention to provided Yoshida’s battery housing with a charging port as taught by Gustafson in order to provide an additional charging interface permitting the battery pack to be charged using an external USB power source, thereby increasing charging flexibility and convenience.
Regarding claim 2, Yoshida discloses wherein said power tool device comprises a handle (2) having a surface configured to be gripped by a user while using said power tool device, wherein said handle has a grip centerline axis inherently passing through said surface that extends in said longitudinal direction (Fig. 1).
Regarding claims 3 and 7, Yoshida discloses wherein said housing comprises a first connector (115; best shown in Figs. 1 and 3), and said power tool device comprises a second connector (10 with rails 11a, 11b; Fig. 1), wherein said second connector is configured to slidably engage with said first connector along a sliding axis extending in said longitudinal direction to couple said power tool device to said housing of said battery pack.
Regarding claim 6, Gustafson also discloses wherein said housing includes a charger indicator (par. 30).
Regarding claim 10, Yoshida discloses a battery pack (100; Fig. 1) comprising: a housing; a plurality of battery cells (145-149; Fig. 10) within said housing, wherein said battery cells have longitudinal axes extending in a longitudinal direction; and a connector (115; Fig. 1) coupled to said housing, wherein said connector is configured to slidably engage with a power tool device (1) along a sliding axis that extends in said longitudinal direction (Fig. 1).
Regarding claim 20, the modified invention of Yoshida fails to disclose wherein the battery cells have a length of 70 millimeters that extend in said longitudinal direction, and a diameter of 21 millimeters. However, it is construed that the dimensions as claimed are commercially known and it is old and well known practically sized in the industry. Therefore, it would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to have provided the modified invention of Yoshida comprising the claimed dimensions to conform with the commonly selected size on the market. Furthermore, since it is well known and within the general skill of a worker in the art to select a well-known design configuration on the basis of its suitability for the intended use as matter of obvious design choice
Claim(s) 4-5, 9, 11 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (WO 2021/084990) in view of Gustafson et al. (2024/0055984), as applied above in claims 1, 6 and 10, and further in view of Ogino et al. (2011/0244274).
Regarding claims 4, 9 and 11, the modified invention of Yoshida discloses a power tool system, substantially as claimed, comprising a plurality of battery cells, but does not specifically discloses wherein the battery cells comprise a first cell, a second cell, a third cell, a fourth cell and a fifth cell, and wherein the axes of said first cell and said second cell define a first plane, and wherein the axes of said third cell and said fourth cell define a second plane, and wherein the axes of said first cell and said third cell define a third plane, and wherein the axes of said second cell and said fourth cell define a fourth plane; and wherein the first plane is parallel to the second plane, and the third plane is parallel to the fourth plane, and wherein the first plane and the second plane are perpendicular to the third plane and the fourth plane, and wherein the axis of the fifth cell extends between the first plane and the second plane and between the third plane and the fourth plane.
Ogino discloses a battery pack comprising five cylindrical battery cells 20(1)–20(5), as shown in FIG. 7 (a first battery cell 20(2), a second battery cell 20(1), a third battery cell 20(4), a fourth battery cell 20(5), and a fifth battery cell 20(3)). The longitudinal axes of the first and second battery cells 20(2) and 20(1) define a first plane, while the longitudinal axes of the third and fourth battery cells 20(4) and 20(5) define a second plane, wherein the first plane is parallel to the second plane. Furthermore, the longitudinal axes of the first and third battery cells 20(2) and 20(4) define a third plane, while the longitudinal axes of the second and fourth battery cells 20(1) and 20(5) define a fourth plane, wherein the third plane is parallel to the fourth plane. As shown in FIG. 7, the first and second planes are perpendicular to the third and fourth planes, and the longitudinal axis of the fifth battery cell 20(3) extends between the first and second planes and between the third and fourth planes. 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 Yoshida’s battery pack to incorporate the five-cell arrangement taught by Ogino, in order to provide a compact arrangement of battery cells within the battery housing and efficiently utilize the available internal space.
Regarding claim 5, Gustafson also discloses wherein said housing includes a charger indicator (par. 30)
Regarding claim 15, Ogino discloses wherein said first battery cell 20(2) comprises a first circumference having a first uppermost point-and a first lowermost point, wherein said second battery cell 20(1) comprises a second circumference having a second lowermost point disposed vertically, and wherein said first cell and said second cell are spaced apart between said first uppermost point and said second lowermost points (Fig. 8).
Regarding claim 16, Ogino discloses wherein the third battery cell 20(4) comprises-including a third circumference having a third uppermost point and a third lowermost point, wherein said fourth cell 20(5) comprises a fourth circumference having a fourth lowermost point, and wherein said third cell and said fourth cell are spaced apart-second circumference further comprises a second uppermost point disposed vertically between said third uppermost point and said fourth lowermost points (Fig. 8).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6-7, 10-11, 14 and 19 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
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 MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270 - 1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
