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 .
Claim Status
Claims 1-4, 6-8, 10-14, 16, 19 and 21-23 are under examination.
Claims 5, 9, 15, 18, and 20 are canceled.
Claims 17 and 24 are withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Maintained Claim Interpretation
Claim 14 recites in Line 2, “semi-permeable membrane is overmolded with a plastics material”. The examiner will interpret “overmolded” as in the instant specification in Page 22: Lines 30-31 as “A semi-permeable membrane "overmolded" with a plastics material is understood to mean a semi-permeable membrane which is at least partially encased by a plastics material.”
Claim Rejections - 35 USC § 103
Claims 1-3, 6, 10, 12-13, 16, 19 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Draexlmaier et al. (DE202019100048(U1) as cited in IDS and using Machine Translation as English version, attached, same translation as provided by applicant), in view of Nakayama et al. (U.S. PGPub US 2021/0396324 A1 with Foreign Application Priority Date of October 25th, 2018 as previously cited), in view of Misra et al. (U.S. Patent US 6,562,517 B1 as previously cited), in view of Bauer et al. (U.S. PGPub US 2012/0247338 A1), in view of Sanders et al. (WO 2018/183804 A1).
Regarding claim 1, Draexlmaier et al. discloses a battery shell, in particular a battery shell of a traction battery (i.e., at least housing that encloses a traction battery of the motor vehicle as disclosed in [0009], etc., whereby as disclosed in [0010] a plastic base body can be attached to the housing from the outside, etc., such that skilled artisan would appreciate that said housing and plastic base body at least comprise a battery shell lacking any further distinction thereof as to said battery shell),
the battery shell being formed from a plastics material (i.e., housing can be made of plastic as discussed in [0009]-[0010], etc., whereby as disclosed in [0010] a plastic base body can be attached to the housing from the outside, etc., such that skilled artisan would appreciate that said housing and plastic base body at least comprise a battery shell formed from a plastics material, lacking any further chemical distinction thereof as to said plastics material and/or battery shell, also see [0012]-[0013], [0019]),
the battery shell having a semi-permeable membrane (i.e., at least membrane ref. 124 is semi-permeable as discussed in [0028], also see [0018], [0020]),
the semi-permeable membrane being designed to be permeable to a gaseous substance and impermeable to a liquid substance (i.e., at least the membrane can be flexible and alternatively or additionally air-permeable and liquid-impermeable as disclosed in [0021]),
the battery shell having a receiving geometry having a ventilation opening (i.e., at least pressure equalization channel ref. 122 between the interior ref. 116 and the environment ref. 118 as disclosed in [0028] and shown in Annotated Fig. 1, etc., lacking any further distinction thereof as to said receiving geometry and/or ventilation opening, also see [0009], [0029], [0033], [0045]),
the receiving geometry being designed for connection to the semi-permeable membrane (i.e., at least plastic body ref. 110 mounted over at least one opening ref. 108 through wall ref.104, etc., as disclosed in [0026], whereby a shoulder in a wall of the channel can be formed as a welding surface, etc., as disclosed in [0019], and whereby as disclosed in [0028] the membrane is firmly bonded to the plastic round body ref. 110, also see [0019]-[0021], [0026], [0030]),
wherein the semi-permeable membrane is integrally bonded or frictionally connected to the battery shell (i.e., at least membrane is firmly bonded to the plastic base body, whereby the membrane can be welded to the plastic body base, and whereby the pressure equalization channel can have a welding surface for welding, for example, a shoulder in a wall of the channel can be formed as a welding surface, etc., as disclosed in [0019], such that the skilled artisan would appreciate that welding said membrane to the plastic base body at least provides said semi-permeable membrane is frictionally connected to the battery shell, lacking any further distinction thereof as to said integrally bonded and/or frictionally connected, also see [0020], [0028], [0032], Fig. 1).
However, Draexlmaier et al. does not explicitly disclose the battery shell has a parasol mushroom valve, in particular the receiving geometry has a parasol mushroom valve, in particular a membrane carrier has a parasol mushroom valve. Furthermore, Draexlmaier et al. does not explicitly disclose the semi-permeable membrane and the parasol mushroom valve are arranged in flow channels connected in parallel. Furthermore, Draexlmaier et al. does not explicitly disclose the parasol mushroom valve is form-fittingly connected to the membrane carrier. Furthermore, Draexlmaier et does not explicitly disclose the semi-permeable membrane is designed to prevent a liquid substance from flowing through into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar; wherein the parasol mushroom valve is designed to prevent a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar; and wherein the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell.
Nakayama et al. teaches a ventilation component (Title). Nakayama et al. further teaches a receiving geometry has a valve (i.e., at least ventilation component ref. 1 is a component to be attached to a housing ref. 2 having a ventilation opening ref. 5 as shown in Fig. 3, etc., as taught in [0026], such that said ventilation valve ref. 20, etc., is at least as taught in [0033] and shown in Figs. 6A-B, so that said housing at least has a receiving geometry so as to be attached to said housing as shown in Figs. 2 and 4-5, and lacking any further distinction thereof as to said receiving geometry, also see [0023]-[0024], [0035], Figs. 1-2, Figs. 4-5).
Nakayama et al. further teaches in particular a membrane carrier has a valve (i.e., at least structural member ref. 30 functions as the shaft portion supporting the ventilation valve ref. 20 that is the valve portion, etc., as taught in [0033], lacking any further distinction thereof as to said membrane carrier, etc., also see [0035], [0048]-[0059], Figs. 1-2 and 4-5).
Furthermore, Nakayama et al. teaches in [0023] regular ventilation is carried out via the gas-permeable membrane in a state where the ventilation valve is closed and, on the other hand, when a difference between the a pressure inside the housing and a pressure outside the housing increases to be equal to or higher than a predetermined value, the ventilation valve is opened to discharge a lot of gas from inside the of the housing in a short time, for example, etc., whereby as disclosed in [0061] the ventilation component ref. 1 has a structure in which the gas-permeable membrane ref. 10 is accommodated in such a manner that the gas-permeable membrane ref. 10 is positioned inner than the inner circumferential surface forming the through-hole ref. 25 of the ventilation valve ref. 20 when viewed in plane, and thus the cross section of the flow path through which the gas passes and the valve portion of the ventilation valve ref. 20 are secured as large as possible in a limited space in the ventilation component ref. 1, and thereby, when the pressure inside the housing ref. 2 rises rapidly, the ventilation valve ref. 20 is opened and the gas is discharged promptly to the outside of the housing ref. 2 through the path including the flow path ref. 32d, the inner space ref. 40 and the ventilation path ref. 50, etc., which at least provides the semi-permeable membrane and the valve are arranged in flow channels connected in parallel, such that the skilled artisan would appreciate that said gas-permeable membrane and ventilation valve are at least arranged in flow channels connected in parallel so as to be annularly positioned as shown in Figs. 1-2 and 4-5 and such that said gas-permeable membrane is at least are arranged in a flow channel such as through hole ref. 31h (i.e., with regards to said gas-permeable membrane ref. 10) is at least arranged in a flow channel such as flow path ref. 32d (i.e., with regards to said ventilation valve ref. 20), etc., and lacking any further distinction thereof (also see [0026], [0033], [0037]-[0038], [0047], [0057]).
Furthermore, Nakayama et al. teaches in [0033] as shown in Fig. 2 the structural member ref. 30 has a support portion ref. 35 and a valve seat portion ref. 36, whereby the support portion ref. 35 supports the inner circumferential portion ref. 21, and as shown in Fig. 4 and Fig. 5 the valve seat portion ref. 36 is in contact with the outer circumferential portion ref. 22 when the ventilation valve ref. 20 is closed and is out of contact with the outer circumferential portion ref. 22 when the ventilation valve is opened, such that the umbrella valve usually includes a valve portion that serves for opening and closing, etc., which at least provides the valve is form-fittingly connected to the membrane carrier, such that the skilled artisan would appreciate that said valve is at least form-fittingly connect to said membrane carrier (i.e., at least structural member) so as to support the inner circumferential portion, etc., and lacking any further structural distinction thereof as to said form-fittingly and/or membrane carrier (also see [0026], Figs. 1-2, [0035], [0047]-[0048], [0057], Figs. 4-5).
Nakayama et al. further teaches in [0005] the present invention provides a ventilation component that is suitable for ventilation aiming at explosion prevention, and that includes a ventilation valve advantageous from the viewpoint of heat resistance.
Therefore, Draexlmaier et al. and Nakayama et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Draexlmaier et al. that discloses the battery shell, receiving geometry, membrane carrier, etc. further to include a membrane carrier (i.e., at least support member) has a valve (e.g., umbrella valve), the semi-permeable membrane and the valve are arranged in flow channels connected in parallel, and the valve is form-fittingly connected to the membrane carrier as taught by Nakayama et al. so as to provide a ventilation component that is suitable for ventilation aiming at explosion prevention, and that includes a ventilation valve advantageous from the viewpoint of heat resistance.
However, as discussed above, Draexlmaier et al. in view of Nakayama et al. do not explicitly disclose the battery shell has a parasol mushroom valve, in particular the receiving geometry has a parasol mushroom valve, in particular the membrane carrier has a parasol mushroom valve. Furthermore, Draexlmaier et al. in view of Nakayama et al. does not explicitly disclose the semi-permeable membrane is designed to prevent a liquid substance from flowing through into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar; wherein the parasol mushroom valve is designed to prevent a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar; and wherein the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell.
Misra et al. teaches a lead-acid battery vent valve-catalyst carrier assembly (Title). Misra et al. further teaches [C5:L59-67 and C6:L1-16] gases residual to the electrolytic and condensation process are channeled inwardly toward the valve ref. 36 as seen in Fig. 1C, etc., whereby relief valve ref. 36 illustrated in Fig. 1C is preferably a flexible inverted mushroom-shaped cap ref. 76 preferably made of rubber and provided with an integral axial stem ref. 72 extending through aperture ref. 58, etc., whereby as gas pressure builds within the battery case the gas passes between the element side bars and into the open interior ref. 44 of lower cylindrical portion ref. 15, to exert force on the underside of valve cap ref. 76 and the edges of the mushroom-shaped valve cap ref. 76 to unseat valve cap ref. 76 from recessed seating surface ref. 78, etc., such that said mushroom-shaped valve cap of said relief valve is at least a parasol mushroom valve lacking any further structural distinction thereof.
Misra et al. further teaches in [C6:L1-16] the specific actuation properties of the valve to facilitate pressure release are determined by the properties of the rubber utilized to manufacture valve cap ref. 76, whereby for example, a rubber durometer value of 50 yields a differential pop-off pressure of 0.5 to 5.0 psi (i.e., 34 mbar to 344 mbar), and as pressure rises above the durometer-controlled threshold, valve cap ref. 76 unseats, discharging gas upwardly through valve openings ref. 60, which at least provides a range that overlaps the claimed range of the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Misra et al. further teaches in [C2:L24-27] the battery further includes a vent valve assembly within the aperture including valve means for relieving pressure internal of the battery in excess of a predetermined level above ambient, etc.
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Draexlmaier et al. and Nakayama et al. that discloses the battery shell, receiving geometry, a membrane carrier (i.e., at least support member) has a valve (e.g., umbrella valve), the semi-permeable membrane and the valve are arranged in flow channels connected in parallel, and the valve is form-fittingly connected to the membrane carrier to further include the parasol mushroom valve (i.e., at least relief valve with mushroom-shaped valve cap), and the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell (i.e., at least a differential pop-off pressure of 0.5 to 5.0 psi (i.e., 34 mbar to 344 mbar)) as taught by Misra et al. so as to provide a battery that includes a vent valve assembly within the aperture including valve means for relieving pressure internal of the battery in excess of a predetermined level above ambient. Furthermore, and as put forth by the examiner, the skilled artisan would appreciate substituting one known valve (e.g., umbrella valve) for another such as a parasol mushroom valve so as to provide a battery that includes a vent valve assembly within the aperture including valve means for relieving pressure internal of the battery in excess of a predetermined level above ambient.
Furthermore, and as put forth by the examiner, the skilled artisan would appreciate duplicating said valves in said battery shell, etc., so as to relieving pressure internal of the battery in excess of a predetermined level above ambient, whereby simply duplicating said valves has no patentable significance lacking any new and/or unexpected results (MPEP 2144.04, VI., B.).
However, as discussed above, Draexlmaier et al. in view of Nakayama et al. in view of Misra et al. do not explicitly disclose the semi-permeable membrane is designed to prevent a liquid substance from flowing through into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar; wherein the parasol mushroom valve is designed to prevent a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar.
Bauer et al. teaches a venting device for a housing and method for producing the same (Title). Bauer et al. further teaches in [0050] for producing the venting device ref. 12, the membrane ref. 18 is attached with its membrane edge ref. 20 on the housing section ref. 22 of the battery housing ref. 14 so that the membrane section ref. 24 is stretched flat across the venting opening ref. 16, and subsequently, the protective cap ref. 26 is pushed onto the battery housing ref. 14. Bauer et al. further teaches in [0051] the interior ref. 34 of the battery housing ref. 14 is subsequently loaded with overpressure relative to the environment ref. 36, and for this purpose, in the environment ref. 36 an underpressure of approximately 75 mbar and 100 mbar relative to the pressure in the interior ref. 34 of the battery housing ref. 14 is generated, whereby this causes the membrane section ref. 24 to be stretched in axial direction away from the interior ref. 24 to the exterior into the outer end position ref. 40, and the membrane section ref. 24 is stretched in this way, such that in addition or alternatively, the environment ref. 36 can be loaded with overpressure relative to the pressure in the interior ref. 34 so that the membrane section ref. 24 is deformed relative to the interior ref. 34 into the inner end position ref. 38 so that it is also possible to first generate an overpressure relative to the environment ref. 36 and subsequently an underpressure, and the prestraining action of the membrane ref. 18 can also be realized solely by means of overpressure or underpressure. Bauer et al. further teaches in [0056] when pressure differences between the interior ref. 34 and the environment ref. 36 of less than 20 mbar occur, the folds of the membrane section ref. 124 are unfolded in an accordion-like fashion toward the interior in inward direction or away from the interior in outward direction so that the pressure differences are compensated by unfolding of the membrane section ref. 124, and the membrane section ref. 124 is cleaned by its deformation in analogy to the first embodiment of Fig. 1, and for larger pressure differences the pressure compensation takes place as in the first embodiment by gas exchange through the membrane ref. 118, which at least provides the semi-permeable membrane is designed to prevent a liquid substance from flowing through into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar, so as to provide a pressure compensation by means of gas exchange is to take place without allowing passage of moisture into the housing or liquid flow out of the housing, etc., as taught in [0063], and further provides a range that is within the claimed range of an overpressure on the outer side of the battery shell of up to 300 mbar, thus a prima face case of obviousness exists (MPEP 2131.03, I.).
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Draexlmaier et al. and Nakayama et al. and Misra et al. that discloses the battery shell, receiving geometry, a membrane carrier (i.e., at least support member) has a valve (e.g., umbrella valve), the semi-permeable membrane and the valve are arranged in flow channels connected in parallel, and the valve is form-fittingly connected to the membrane carrier to further include the semi-permeable membrane is designed to prevent a liquid substance from flowing through into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar as taught by Bauer et al. so as to provide a pressure compensation by means of gas exchange is to take place without allowing passage of moisture into the housing or liquid flow out of the housing, etc.
However, as discussed above, Draexlmaier et al. in view of Nakayama et al. in view of Misra et al. in view of Bauer et al. do not explicitly disclose the parasol mushroom valve is designed to prevent a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar.
Sanders et al. teaches a vent with relief valve (Title). Sanders et al. further teaches Page 2:L17-23 the present technology combines the function of a protective vent with the functionality of a 1-way relief valve, etc. Sanders et al. further teaches Page 2:L24-30 Figs. 1-2 is an example assembly ref. 10 having a vent and relief valve, etc., whereby the assembly ref. 10 is generally configured to couple to a casing ref. 40, etc. (also see Page 3:L16-25). Sanders et al. further teaches Page 3:L4-16 in some embodiments, the vent ref. 20 is also configured to prevent liquids from entering into the casing ref. 40, etc. Sanders et al. further teaches Page 10:L22-27 the relief valve ref. 440 can also be other types of relief valves, but will generally be a one-way relief valve, and the relief valve ref. 440 can be any type of umbrella valve, etc., whereby as taught in Page 11:L4-12 the umbrella valve ref. 440 is configured to unseal from the mounting surface ref. 450 when the pressure in the second fluid flow pathway is greater than the pressure in the first fluid flow pathway from 0.5 psi to 1 psi (i.e., 34.5 mbar to 69 mbar), etc., which at least provides the parasol mushroom valve (i.e., at least umbrella valve) is designed to prevent a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell, and further provides a range that is within the claimed range of an overpressure on the outer side of the battery shell of up to 300 mbar, thus a prima facie case of obviousness exists (MPEP 2144.05, I.), such that the skilled artisan would appreciate that since Sanders et al. teaches a one-way relief valve and further teaches overpressures ranging from 34.5 mbar to 69 mbar prior to opening said umbrella valve (i.e., at least parasol mushroom valve) that this at least provides preventing a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell, lacking any further distinction thereof (also see Pages 6-8 with regards to Figs. 7-8).
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. that discloses the battery shell, receiving geometry, a membrane carrier (i.e., at least support member) has a valve (e.g., umbrella valve), the semi-permeable membrane and the valve are arranged in flow channels connected in parallel, and the valve is form-fittingly connected to the membrane carrier that include the semi-permeable membrane is designed to prevent a liquid substance from flowing through into the battery shell in the case of an overpressure on the outer side of the battery shell to further include the parasol mushroom valve (i.e., at least umbrella valve) is designed to prevent a flow from flowing into the battery shell in the case of an overpressure on the outer side of the battery shell of up to 300 mbar (i.e., from 34.5 mbar to 69 mbar) as taught by Sanders et al. so as to provide a one-way relief valve, and further prevent liquids from entering into the casing, etc.
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Annotated Figure 1 (Draexlmaier et al.)
Regarding claim 2, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses the semi-permeable membrane and battery shell (i.e., at least battery shell comprises a housing and plastic base body as discussed above in claim 1). Draexlmaier et al. further discloses the semi-permeable membrane is connected directly to the battery shell, the semi-permeable membrane being welded or glued to the battery shell (i.e., at least membrane is firmly bonded to the plastic base body, whereby the membrane can be welded to the plastic body base, and whereby the pressure equalization channel can have a welding surface for welding, for example, a shoulder in a wall of the channel can be formed as a welding surface, etc., as disclosed in [0019], which at least provides said semi-permeable is connected directly to the battery shell such as connected by welding from the group.
Regarding claim 3, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Since Draexlmaier et al. discloses the semi-permeable membrane is connected directly to the battery shell, the semi-permeable membrane being welded or glued to the battery shell (i.e., at least membrane is firmly bonded to the plastic base body, whereby the membrane can be welded to the plastic body base, and whereby the pressure equalization channel can have a welding surface for welding, for example, a shoulder in a wall of the channel can be formed as a welding surface, etc., as disclosed in [0019], the skilled artisan would appreciate that this at least provides the semi-permeable membrane is connected at least indirectly to the battery shell, such that connected at least indirectly is broad in scope and at least encompasses being directly connected as well as indirectly connected, and lacking any further distinction thereof as to said connected at least indirectly.
Draexlmaier et al. further discloses the semi-permeable membrane being connected directly to a membrane carrier (i.e., at least membrane can be connected to a membrane carrier as disclosed in [0020]),
the membrane carrier being frictionally and/or form-fittingly connected to the battery shell (i.e., at least a membrane carrier can be a structural element that runs at least around the membrane, whereby the membrane carrier can be pressed into the pressure equalization channel, whereby the membrane carrier can have a thread, and the membrane carrier can be screwed into the pressure equalization channel with the membrane, etc., as disclosed in [0020], which at least provides the membrane carrier being frictionally and/or form-fittingly connected to the battery shell so as to be pressed into and/or screwed into the pressure equalization channel, and lacking any further distinction thereof as to said frictionally and/or form-fittingly connected).
Regarding claim 6, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 3. Draexlmaier et al. further discloses in [0015] the pressure equalization channel can be a recess in the plastic base body, etc., whereby as disclosed in [0020] the membrane carrier can be pressed into the pressure equalization channel, etc., which at least provides the membrane carrier is pressed into the battery shell, such that said housing and plastic base body at least comprise a battery shell as discussed above in claim 1, and lacking any further distinction thereof as to said battery shell.
Regarding claim 10, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim1. Draexlmaier et al. further discloses the receiving geometry has no undercut (See Annotated Fig. 1 above in claim 1).
Regarding claim 12, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses the ventilation opening is designed in the shape of a slit (i.e., at least pressurization channels ref. 122 have a rectangular cross-sectional area, etc., as disclosed in [0033], such that a rectangular cross-sectional area is a least a shape of a slit, lacking any further structural distinction thereof as to said slit, also see [0015]-[0017], [0028]).
Regarding claim 13, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses in [0015] the pressure equalization channel can be a recess in the plastic base body, etc., which at least provides the ventilation opening is arranged in a depression of the receiving geometry, such that said recess of the plastic base body is at least a depression of the receiving geometry, lacking any further structural distinction thereof (also see Fig. 1, [0016]-[0020]).
Regarding claim 16, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses the battery shell having an inner side, wherein the semi-permeable membrane is arranged on the inner side of the battery shell (See Annotated Fig. 1 above in claim 1), such that the skilled artisan would appreciate that said semi-permeable membrane is at least arranged on an inner side so that the pressure equalization channel ref. 122 is closed by said membrane ref. 124, etc., as disclosed in [0028] and said membrane ref. 124 is protected by a cover ref. 128 so that said cover ref. 128 has openings and prevents mechanical damage to the membrane ref. 124 from the environment ref. 118 as disclosed in [0029], and lacking any further distinction thereof as to said inner side of the battery shell.
Regarding claim 19, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses the battery shell has a protective cover (i.e., at least the membrane ref. 124 is protected by a cover ref. 128, etc., as disclosed in [0029]).
Regarding claim 21, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 19. Draexlmaier et al. further discloses the protective cover (i.e., at least cover ref. 128 as discussed above in claim 19) has a contacting element (See Annotated Fig. 1 above in claim 1).
Regarding claim 22, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses a traction battery, in particular a traction battery for a motor vehicle, comprising a battery shell according to claim 1 (i.e., at least traction battery of the motor vehicle as discussed in [0009]).
Regarding claim 23, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Draexlmaier et al. further discloses a motor vehicle comprising a battery shell according to claim 1 (i.e., at least motor vehicle such as an electric vehicle as discussed above in [0026])
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. as applied to claim 3 above, or in the alternative, in view of Engel et al. (WO2016146216(A1) and using Machine Translation as English version as previously cited).
Regarding claim 4, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 3. Although Draexlmaier et al. does not explicitly disclose the semi-permeable membrane is welded or glued to the membrane carrier, since Draexlmaier et al. discloses in [0020] the membrane carrier and the membrane can be interchangeable, and further discloses in [0019] the membrane can be welded to the plastic base body, whereby the pressure equalization channel can have a welding surface for welding, etc., one having ordinary skill in the art before the effective filing date would appreciate welding said membrane carrier to the semi-permeable membrane given the finite number of possibilities of joining said pieces (i.e., plastic base body, membrane carrier and/or membrane) as put forth by Draexlmaier et al..
In the alternative, and as brought forth by the examiner in the interest of compact prosecution, Engel et al. teaches a device for equalizing an internal pressure in a closed housing (Title). Engel et al. further teaches the battery shell having a semi-permeable membrane, the semi-permeable membrane being designed to be permeable to a gaseous substance and impermeable to a liquid substance (i.e., at least as disclosed in [0048]-[0049] as can be seen in particular from Figs. 1 and 2, a gas-permeable membrane ref. 10, etc., such that said semi-permeable membrane is a least semi-permeable so as to be gas-permeable and watertight, lacking any further distinction thereof as to said semi-permeable membrane, also see [0007], [0009], [0017], [0025]).
Engel et al. further teaches in [0048]-[0049] as can be seen in particular from Figs. 1 and 2, a gas-permeable membrane ref. 10, which is deformable depending on a change in the internal pressure in the housing ref. 1, which according to this embodiment, is designed as a ring membrane ref. 10 and covers the first, radially outward arranged gas passage channel ref. 4 of the carrier element ref. 3 and seals it watertight, whereby the membrane ref. 10 is supported on support surfaces refs. 11-12 of the first and second carrier parts refs. 3a-b and is fastened to them, for example glued to them, etc., which at least provides a semi-permeable membrane is welded or glued to the membrane carrier (also see [0044]), lacking any further distinction thereof. Engel et al. further teaches in [0014] the object of the invention is therefore to create a pressure compensation device of the generic type which meets the requirements for simple and cost-effective.
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. and Engel et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. that discloses the battery shell, semi-permeable membrane and membrane carrier to further include the semi-permeable membrane is welded or glued to the membrane carrier as taught by Engel et al. so as to be fastened to them so as to create a pressure compensation device of the generic type which meets the requirements for simple and cost-effective.
Claims 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. as applied to claim 1 above, and further in view of Heim et al. (U.S. PGPub US 2013/0032219 A1).
Regarding claim 11, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell and receiving geometry as discussed above in claim 1. However, Draexlmaier et al. does not explicitly disclose the receiving geometry has more than two support ribs.
Heim et al. teaches a pressure compensation device for a housing of an electrochemical device (Title). Heim et al. further teaches in [0059] the housing ref. 102 comprises a housing wall ref. 108, with a, for example, substantially circular, recess ref. 110, which is closed by a pressure compensation device designated as a whole by ref. 112, which at least provides a battery shell such that said housing, housing wall, pressure compensation device, etc., are at least a battery shell commensurate in scope with that disclosed by Draexlmaier et al. as discussed above in claim 1. Heim et al. further teaches the receiving geometry has more than two support rib(s) (i.e., at least reinforcement structure ref. 131, which may in particular, comprise a central ring ref. 133, which is held by a plurality of, for example, four, struts ref. 135, etc., as disclosed in [0063], such that four struts (more than two) are at least support ribs so as to provide a reinforcement structure, and a lacking any further structural distinction thereof as to said support rib). Heim et al. further teaches in [0007] providing a pressure compensation device of the type mentioned in the outset, which allows both reliable pressure compensation between the interior of the housing and the exterior of the housing of an electrochemical device and also ensures reliable bursting protection in the event of excess internal pressure in the housing, the pressure compensation device being simply constructed and easily producible.
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. and Heim et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. that discloses the battery shell and receiving geometry to further include more than two support ribs (e.g., four strut(s)) so as to provide a reinforcement structure as taught by Heim et al. so as to provide a pressure compensation device, which allows both reliable pressure compensation between the interior of the housing and the exterior of the housing of an electrochemical device and also ensures reliable bursting protection in the event of excess internal pressure in the housing, the pressure compensation device being simply constructed and easily producible.
Regarding claim 14, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. However, Draexlmaier et al. does not explicitly disclose the semi-permeable membrane is overmolded with a plastics material, in particular is overmolded with polyethylene.
Heim et al. teaches a pressure compensation device for a housing of an electrochemical device (Title). Heim et al. further teaches in [0075]-[0077] the clamping element ref. 120 and/or carrier element ref. 114 is preferably formed from a plastics material, etc., whereby in particular, the carrier element ref. 114 may comprise a polyethylene material, etc., whereby as taught in [0078] the clamping element ref. 120 and the carrier element ref. 114 may be basically fixed to one another in any manner in order to clamp the membrane element ref. 116 between them, etc., which at least provides the semi-permeable membrane is overmolded with a plastics material, in particular is overmolded with polyethylene (i.e., is at least overmolded as evidenced by the instant specification in Page 22:Lines 30-31 so as to at least be partially encased). Heim et al. further teaches in [0007] providing a pressure compensation device of the type mentioned in the outset, which allows both reliable pressure compensation between the interior of the housing and the exterior of the housing of an electrochemical device and also ensures reliable bursting protection in the event of excess internal pressure in the housing, the pressure compensation device being simply constructed and easily producible.
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. and Heim et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. that discloses the battery shell and semi-permeable membrane to further include the semi-permeable membrane is overmolded with a plastics material, in particular is overmolded with polyethylene as taught by Heim et al. so as to provide a pressure compensation device, which allows both reliable pressure compensation between the interior of the housing and the exterior of the housing of an electrochemical device and also ensures reliable bursting protection in the event of excess internal pressure in the housing, the pressure compensation device being simply constructed and easily producible.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. as applied to claim 1 above, and further in view of Klavdija et al. (WO2017178564(A1) and using Machine Translation as English version).
Regarding claim 7, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. Furthermore, Draexlmaier et al. discloses the connection between the battery shell and the semi-permeable membrane as discussed above in claim 1.
However, Draexlmaier et al. does not explicitly disclose the connection between the battery shell and the semi-permeable membrane is designed to release at a defined pressure difference, in particular at a pressure difference of more than 15 mbar.
Klavdija et al. teaches a pressure relief device for a battery housing, battery housing comprising the pressure relief device, battery and method for battery pressure relief (Title). Klavdija et al. further teaches in [0011] according to the invention, a pressure relief device for a battery housing is proposed, which is designed to compensate for a pressure difference between an internal pressure of the battery housing and an ambient pressure of the battery housing, which occurs due to a thermal runaway of at least one battery cell, wherein the pressure relief device comprises: a separating element for separating an inner region of the battery housing from an outer region of the battery housing, wherein the separating element is designed such that it expands and deforms in the event of a predeterminable pressure difference occurring between the internal pressure of the battery housing and the ambient pressure of the battery housing. Klavdija et al. further teaches in [0051] the pressure relief device ref. 1, i.e., in particular the bursting membrane ref. 3, etc., are coordinated with one another in such a way that the separating element ref. 3 is severed before the critical internal pressure of 0.5 bar (i.e., 500 mbar) is reached and the venting gas can escape, etc. (also see [0055]-[0056], Figs. 7-8), which at least provides a value of the defined pressure (i.e., 500 mbar) that is within the claimed range of designed to release at a defined pressure difference of more than 15 mbar, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Regarding claim 8, Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. disclose the battery shell as discussed above in claim 1. However, Draexlmaier et al. does not explicitly disclose the semi-permeable membrane has a predetermined breaking point, the predetermined breaking point being designed to burst at a defined pressure difference of more than 15 mbar.
Klavdija et al. teaches a pressure relief device for a battery housing, battery housing comprising the pressure relief device, battery and method for battery pressure relief (Title). Klavdija et al. further teaches in [0011] according to the invention, a pressure relief device for a battery housing is proposed, which is designed to compensate for a pressure difference between an internal pressure of the battery housing and an ambient pressure of the battery housing, which occurs due to a thermal runaway of at least one battery cell, wherein the pressure relief device comprises: a separating element for separating an inner region of the battery housing from an outer region of the battery housing, wherein the separating element is designed such that it expands and deforms in the event of a predeterminable pressure difference occurring between the internal pressure of the battery housing and the ambient pressure of the battery housing, etc., whereby as disclosed in [0039] the pressure relief device ref. 1 has a separating element ref. 3, which is preferably a gas-permeable membrane, etc., and Klavdija et al. further teaches in [0051] the pressure relief device ref. 1, i.e., in particular the bursting membrane ref. 3, etc., are coordinated with one another in such a way that the separating element ref. 3 is severed before the critical internal pressure of 0.5 bar (i.e., 500 mbar) is reached and the venting gas can escape, etc. (also see [0055]-[0056], Figs. 7-8), which at least provides the semi-permeable membrane has a predetermined breaking point, the predetermined breaking point (i.e., at least severed at critical internal pressure of 0.5 bar is at least a predetermined breaking point, lacking any further distinction thereof) being designed to burst at a defined pressure difference, such that a value of the defined pressure (i.e., 500 mbar) is within the claimed range of designed to burst at a defined pressure difference of more than 15 mbar, thus a prima facie case of anticipation exists (MPEP 2131.03, I.).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 6, 10, 12-13, 16, 19 and 21-23 rejected under 35 U.S.C. 103 in view of Draexlmaier et al. and Nakayama et al. and Misra et al. 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. Therefore, in light of the amendment(s) to the claim(s), a new grounds of 35 U.S.C. 103 rejection is made for claims 1-3, 6, 10, 12-13, 16, 19, and 21-23 in view of Draexlmaier et al. and Nakayama et al. and Misra et al. and Bauer et al. and Sanders et al. See the current 35 U.S.C. 103 rejection above for the claims that depend therefrom.
As to applicant’s arguments Page 7, “Finally, Applicant has amended independent claim 1 to further recite that the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell.”, as well as applicant’s arguments Page 8, “Applicant submits that none of these added limitations are described or suggested by Draexlmaier, Nakayama, nor Misra, separately or in any proper combination”, the examiner asserts Misra et al. further teaches in [C6:L1-16] the specific actuation properties of the valve to facilitate pressure release are determined by the properties of the rubber utilized to manufacture valve cap ref. 76, whereby for example, a rubber durometer value of 50 yields a differential pop-off pressure of 0.5 to 5.0 psi (i.e., 34 mbar to 344 mbar), and as pressure rises above the durometer-controlled threshold, valve cap ref. 76 unseats, discharging gas upwardly through valve openings ref. 60, which at least provides a range that overlaps the claimed range of the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell, thus a prima facie case of obviousness exists (MPEP 2144.05, I.).
Misra et al. further teaches in [C2:L24-27] the battery further includes a vent valve assembly within the aperture including valve means for relieving pressure internal of the battery in excess of a predetermined level above ambient, etc.
Therefore, Draexlmaier et al. and Nakayama et al. and Misra et al. are analogous in the field of batteries, and it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Draexlmaier et al. and Nakayama et al. that discloses the battery shell, receiving geometry, a membrane carrier (i.e., at least support member) has a valve (e.g., umbrella valve), the semi-permeable membrane and the valve are arranged in flow channels connected in parallel, and the valve is form-fittingly connected to the membrane carrier to further include the parasol mushroom valve (i.e., at least relief valve with mushroom-shaped valve cap), and the parasol mushroom valve is designed to open when there is an overpressure of 100 mbar inside the battery shell (i.e., at least a differential pop-off pressure of 0.5 to 5.0 psi (i.e., 34 mbar to 344 mbar)) as taught by Misra et al. so as to provide a battery that includes a vent valve assembly within the aperture including valve means for relieving pressure internal of the battery in excess of a predetermined level above ambient. Furthermore, and as put forth by the examiner, the skilled artisan would appreciate substituting one known valve (e.g., umbrella valve) for another such as a parasol mushroom valve so as to provide a battery that includes a vent valve assembly within the aperture including valve means for relieving pressure internal of the battery in excess of a predetermined level above ambient.
See the current 35 U.S.C. 103 rejection for the remaining limitations and the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Eslami et al. (U.S. Patent US 8,413,496 B2) discloses a pressure compensation device (Title), whereby as disclosed in Abstract a pressure-compensation unit, particularly for a tank-pressure sensor in a tank of a motor vehicle, and the pressure-compensation unit includes a housing lid and a gas-permeable filter diaphragm, which covers an air hole, such that the pressure-compensation unit includes a cap-shaped cover element, which covers the filter diaphragm
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 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 than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723