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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/463,618
`
`03/20/2017
`
`SHINTARO TANAKA
`
`20296.0096USW1
`
`7904
`
`53148
`
`759°
`
`08/26/20”
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`AKHTAR' KIRAN QURAISHI
`
`ART UNIT
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/26/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/463,618
`Examiner
`KIRAN Q AKHTAR
`
`Applicant(s)
`TANAKA, SHINTARO
`Art Unit
`AIA (FITF) Status
`1723
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 04 June 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s) 4—6 and 9 is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—3 and 7—8 is/are rejected.
`
`E] Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11):] The drawing(s) filed on
`
`is/are: a)C] accepted or b)Ej objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190820
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 2
`
`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 the amendment received June 4, 2019:
`
`Claims 1 & 7 have been amended, Claims 4-6 & 9 have been withdrawn.
`
`Therefore Claims 1-3 & 7-8 are pending in this office action.
`
`The objection to the Drawings has been withdrawn.
`
`The text of those sections of Title 35, U.S.C. code not included in this action can
`
`be found in the prior Office Action issued on January 4, 2019.
`
`Response to Arguments
`
`Applicant's arguments filed 6/4/19 have been fully considered but they are not
`
`persuasive.
`
`Applicant Argues
`
`The retectieri reties en element 47 at twamete as meeting the requirement ter the
`
`guide rails in claim 1. Hewever, etement 47 is net substantialiy liaeariy inclined with
`
`respect te the main surface at the battery eernpartrnent treni one end to the ether as
`
`required by claim l. Rather, element 47 extends paraitet te the main surface at the
`
`battery compartment trem one end to the ether and is previded with a short segment at
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 3
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`ihereesed thickheee hear ehe ehd. This; deee rtet suggest the substarttiatiy tirtear
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`ihciihatieh train the tiret end to the eecend ehd required for the guide raiis ef ciaim t.
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`twamete iikewise taiie te discteee er suggest the cerrespehdihg guide greevee in
`
`the side surfaces required fer the battery et eiaim 7’.
`
`Examiner reeeeettuity disagreee.
`
`Iwamoto discloses in Figure 6 and inclined portion indicated by the arrow (see
`
`annotated Figure 6 below) on each of the guide rails 47 being eubetaetieiiy iirieariy
`
`ihciined with respect to the ceiling wall portion 41 (main surface) of the inlet opening 45
`
`(battery compartment) from the first end to the second end. As disclosed in Figure 6, the
`
`incline on the guide rail is substantially linear and is inclined with respect to the main
`
`surface, the incline inclines from the right (first end) to the left (second end).
`
`Furthermore Iwamoto discloses corresponding slot portions 57 (guide grooves).
`
`Therefore all of the limitation of claim 1 and claim 7 are anticipated by Iwamoto.
`
`Fig. 5
`
`
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 4
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`Abstract
`
`The abstract of the disclosure is objected to because the revise abstract is still
`
`over 150 words. The abstract should be within the range of 50 to 150 words in length.
`
`Correction is required. See MPEP § 608.01 (b).
`
`Applicant is reminded of the proper language and format for an abstract of the
`
`disclosure.
`
`The abstract should be in narrative form and generally limited to a single
`
`paragraph on a separate sheet within the range of 50 to 150 words in length. The
`
`abstract should describe the disclosure sufficiently to assist readers in deciding whether
`
`there is a need for consulting the full patent text for details.
`
`The language should be clear and concise and should not repeat information
`
`given in the title.
`
`It should avoid using phrases which can be implied, such as, “The
`
`disclosure concerns,” “The disclosure defined by this invention,” “The disclosure
`
`describes,” etc.
`
`In addition, the form and legal phraseology often used in patent claims,
`
`such as “means” and “said,” should be avoided.
`
`Claim Rejections - 35 USC § 102
`
`Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by lwamoto et al. (US PG Publication 2011/0076523).
`
`With respect to claim 1, lwamoto et al. discloses an electronic device
`
`comprising:
`
`a battery pack 50 (battery); and
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 5
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`a housing section 40 (housing) including an inlet opening 45 (battery
`
`compartment) for the battery;
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`wherein the battery pack 50 (battery) has a flat surface 51 (main surface) and a
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`left and right side surfaces 53 (pair of side surfaces) perpendicular to the flat surface 51
`
`(main surface), [Figure 6; 0043];
`
`wherein the inlet opening 45 (battery compartment) is a recess in a ceiling wall
`
`portion 41 (main surface) of the housing section 40 (housing), [0040-0052; Figure 6];
`
`wherein the inlet opening 45 (battery compartment) has a ceiling wall portion 41
`
`(main surface) and a pair of side surfaces, the ceiling wall portion 41 (main surface) of
`
`the inlet opening 45 (battery compartment) being configured to face the flat surface 51
`
`(main surface) of the battery pack 50 (battery) and the left and right side wall portions
`
`43 (side surfaces) of the inlet opening 45 (battery compartment) being configured to
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`face the respective left and right side surfaces 53 (side surfaces) of the battery pack 50
`
`(battery) when the battery pack 50 (battery) is disposed in the inlet opening 45 (battery
`
`compartment), [0040-0052; Figure 6];
`
`wherein each of the side surfaces 43 of the inlet opening 45(battery
`
`compartment) has a guide rail 47 for guiding the battery pack 50 (battery) into the inlet
`
`opening 45(battery compartment), [0040; Figure 6]’
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`wherein each of the side surfaces 53 of the battery pack 50 (battery) has a slot
`
`portion 57 (guide groove) for engaging with a corresponding guide rail 47 of the inlet
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`opening 45 (battery compartment), [0040-0052; Figure 6]; and
`
`wherein each of the guide rails 47 has a first end at the primary end of the
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`housing section 40 (housing) and a second end at an opposite end of the primary end of
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 6
`
`the housing section 40 (housing), each of the guide rails 47 being substantially linearly
`
`inclined with respect to the ceiling wall portion 41 (main surface) of the inlet opening 45
`
`(battery compartment) from the first end to the second end such that a
`
`distance between the first end of the guide rail 47 and the main surface 41 of the inlet
`
`opening 45 (battery compartment) is greater than a distance between the second end of
`
`the guide rail 47 and the main surface of the inlet opening 45 (battery compartment).
`
`Fig. 5-
`
`
`
`[Figure 6]
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 7
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`
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`The further limitation regarding “the recess being formed by cutting away an area
`
`including a primary end of the housing” is a product-by-process limitation that does not
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`further limit the scope of the claim.
`
`“[E]ven though product-by-process claims are limited by and defined by the
`
`process, determination of patentability is based on the product itself. The patentability of
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`a product does not depend on its method of production. If the product in the product-by-
`
`process claim is the same as or obvious from a product of the prior art, the claim is
`
`unpatentable even though the prior product was made by a different process.”
`
`In re
`
`Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
`
`Once the Examiner provides a rationale tending to show that the claimed product
`
`appears to be the same or similar to that of the prior art, although produced by a
`
`different process, the burden shifts to applicant to come forward with evidence
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 8
`
`establishing an unobvious different between the claimed product and the prior art
`
`product (In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983), MPEP
`
`2113).
`
`With respect to claim 7, lwamoto et al. discloses a battery pack 50 (battery)
`
`configured te be disposed in an inlet opening 45 (battery compartment) of an electrenic
`
`device fer supplying electricity tn the electrcnie device, the battery pack 50 (battery)
`
`cernprieing:
`
`e flat surface 51 (main surface); and
`
`a left and right side surfaces 53 (pair of side surfaces) perpendicular to the
`
`flat surface 51 (main surface), [Figure 6; 0043]
`
`wherein each rat the left and right side surfaces 53 (side surfaces) has a slot
`
`portion 57 (guide groove) tcr guiding the battery pack 50 (battery) inte the inlet opening
`
`45 (battery compartment), and
`
`wherein each et the slot portions 57 (guide grooves) here a first end and a second
`
`end eppesite te the first end, eeeh cf the slot portions 57 (guide grooves) being
`
`substantially linearly inclined with respect in the flat surface 51 (main surface) item the
`
`tirst end at the slot portion 57 (guide groove) tn the secend end of the slot portion 57
`
`(guide groove) such that a distance between the first end et the slot portion 57 (guide
`
`groove) and the flat surface 51 (main surface) is greater then e distance between the
`
`eecend end et the guide greeve end the flat surface 51 (main surface). [Figure 8]
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 9
`
`
`
`Claim Rejections - 35 USC § 103
`
`Claims 2-3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over lwamoto et al. (US PG Publication 2011/0076523).
`
`With respect to claim 2, lwamoto et al. discloses wherein each of the slot
`
`portions 57 (guide grooves) has a first end at the primary end of the housing and a
`
`second end at the opposite end of the primary end of the housing wherein each of the
`
`slot portions 57 (guide grooves) is inclined with respect to the main surface of the
`
`battery from the first end of the slot portion 57 (guide groove) to the second end of the
`
`slot portion 57(guide groove) such that a distance between the first end of the slot
`
`portion 57 (guide groove) and the main surface of the battery is greater than a distance
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 10
`
`between the second end of the slot portion 57 (guide groove) and the main surface of
`
`the battery [Figure 6].
`
`
`
`Iwamoto et al. further discloses that when the battery is inserted and pulled into
`
`the housing there is a possibility of inducing sliding resistance and leading to degrading
`
`the operability in inserting/pulling the battery pack furthermore repeatedly
`
`inserted/pulled batteries will induce degradation of the surface state, such as the
`
`occurrences of surface damages in the mounting flat surface of the battery pack and
`
`the ceiling wall surface of the housing section
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 11
`
`Therefore the gap between the battery pack and housing and the shape of the
`
`guide rails can be varied to help prevent degradation, damage and “fluttering”.
`
`[0005-
`
`0006; 0050]
`
`Although Iwamoto et al. doesn’t specifically disclose wherein an inclination angle
`
`of the guide rails is equal to an inclination angle of the guide grooves.
`
`Since the shape of the guide rails and guide grooves is a result effective variable
`
`that determines the amount of damage, degradation and movement of the battery, it
`
`would have been obvious to one having ordinary skill in the art as of the effective filing
`
`date of the claimed invention to have a varied the shape of the guide rails and guide
`
`grooves in order to prevent damage and degradation of the battery and battery housing
`
`as suggested by Iwamoto et al. [Iwamoto et al. 0005-0009; 0050-0055].
`
`With respect to claim 3, Although Iwamoto et al. doesn’t specifically disclose
`
`wherein each of the slot portions 57 (guide grooves) has a greater width at the first end
`
`than at the second end. [Figure 6].
`
`Iwamoto et al. discloses that when the battery is inserted and pulled into the
`
`housing there is a possibility of inducing sliding resistance and leading to degrading the
`
`operability in inserting/pulling the battery pack furthermore repeatedly inserted/pulled
`
`batteries will induce degradation of the surface state, such as the occurrences of
`
`surface damages in the mounting flat surface of the battery pack and the ceiling wall
`
`surface of the housing section
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 12
`
`Therefore the gap between the battery pack and housing and the shape of the
`
`guide rails and guide grooves can be varied to help prevent degradation, damage and
`
`“fluttering”.
`
`[0005-0006; 0050]
`
`Since the shape of the guide rails and guide grooves is a result effective variable
`
`that determines the amount of damage, degradation and movement of the battery, it
`
`would have been obvious to one having ordinary skill in the art as of the effective filing
`
`date of the claimed invention to have a varied the shape of the guide rails and guide
`
`grooves in order to prevent damage and degradation of the battery and battery housing
`
`as suggested by lwamoto et al. [lwamoto et al. 0005-0009; 0050-0055].
`
`With respect to claim 8, although lwamoto et al. doesn’t specifically disclose
`
`wherein each of the slot portions 57 (guide grooves) has a greater width at the first end
`
`than at the second end. [Figure 6].
`
`lwamoto et al. discloses that when the battery is inserted and pulled into the
`
`housing there is a possibility of inducing sliding resistance and leading to degrading the
`
`operability in inserting/pulling the battery pack furthermore repeatedly inserted/pulled
`
`batteries will induce degradation of the surface state, such as the occurrences of
`
`surface damages in the mounting flat surface of the battery pack and the ceiling wall
`
`surface of the housing section
`
`Therefore the gap between the battery pack and housing and the shape of the
`
`guide rails and guide grooves can be varied to help prevent degradation, damage and
`
`“fluttering”.
`
`[0005-0006; 0050]
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 13
`
`Since the shape of the guide rails and guide grooves is a result effective variable
`
`that determines the amount of damage, degradation and movement of the battery, it
`
`would have been obvious to one having ordinary skill in the art as of the effective filing
`
`date of the claimed invention to have a varied the shape of the guide rails and guide
`
`grooves in order to prevent damage and degradation of the battery and battery housing
`
`as suggested by lwamoto et al. [lwamoto et al. 0005-0009; 0050-0055].
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`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
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee 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
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`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 KIRAN QURAISHI AKHTAR whose telephone number is
`
`(571)270-7589. The examiner can normally be reached on Monday-Friday 9AM-7PM.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 15/463,618
`Art Unit: 1723
`
`Page 14
`
`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, Milton I Cano can be reached on 571-272—1398. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/KIRAN Akhtar/
`
`Examiner, Art Unit 1723
`
`/MILTON I CANO/
`
`Supervisory Patent Examiner
`Art Unit 1723
`
`