They might be in trouble with potentially having their patent application rejected, but does mean they are infringing the other patents?
Wouldn't it just mean that their variation is simply not novel enough to warrant granting a new patent?
The discussion seem quite extensive (see attached).
I think the examiner is more interested in obviousness than novelty. If the examiner rejects based on novelty against the claims of an active patent, then I think there would likely be potential infringement issue. Same with direct obviousness. However, for obviousness against combination of patents (sec 103 - the current batteriser prior art), it's a lot less clear to me (not lawyer);
seems like you could have a patent rejected but be ok to enter market in many/most cases but can’t find that stated anywhere. I think this case may fall under the “Doctrine of equivalents”
https://en.wikipedia.org/wiki/Doctrine_of_equivalents but I don’t really know.
I doubt that's the only reason for the delay though.
I doubt it's a reason for any delay.
Agreed in this case. However, half the use of a patent is to be “reasonably assured you can enter the space”; if they are
really sincere that they wish to enter the market as a serious company it would be dumb not wait out the short period until fully examined by the USPTO since the space is fairly convoluted, and the number of units they wish to send out is definitely enough to get them noticed if there is an infringement issue present. If they wait, then they can possibly maneuver a bit to get out of infringement (if any found) and if they're rejected but not in infringement, then no big deal in-terms of shipping units. I think they knew this would be the normal thing to do, which is why at the bottom of their Indiegogo page, the timeline clearly says “2010-2013 … Patents” as if they had done it before presale.
The discussion seem quite extensive (see attached).
Attached file from the patent examiner which is in reference to previous attachment; not a quick read but makes the other file from Batteroo more readable.