DETAILED ACTION
Response to Amendment
Applicant’s amendment filed on December 8, 2025, has been entered. Claims 1-5 and 7-18 are pending in the application. Claim 8 remains objected to due to a minor informality. Claim 9 remains rejected under 35 U.S.C. 112 for being indefinite.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 recites “polyvinylidene fluoride (PVDF) polypropylene,” in line 3.
A comma should be inserted after (PVDF) to recite “polyvinylidene fluoride (PVDF), polypropylene,”
Appropriate correction is required.
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.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites a “to form a passage between the cover through which the internal gas is discharged” in lines 3-4. Claim 9 is unclear, because the present specification states in [0075] (also see Fig. 11) that when the internal pressure is greater than the elastic force of the elastic member 253, the cover 252 may move upward, and thus, the body 251 and the cover 252 are spaced apart from each other.
Therefore, the language of claim 9 as presently recited is unclear. Claim 9 should recite “to form a passage between the cover and the body through which the internal gas is discharged” in lines 3-4.
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.
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, 2, 3, 7, 9, 11, 12, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2020053179 A (Sasaki ‘155 – citing to US 20220006155 A1 as an English translation from the IDS filed on December 21, 2022) in view of US 20190064275 A1 (Han ‘275), and further in view of JP 2002313303 A (Sunakawa ‘303).
Regarding claim 1, Sasaki ‘155 teaches a secondary battery (power storage device 10 is a secondary battery; [0220]) comprising:
an electrode assembly (positive and negative electrode; [0085]);
a battery case (housing 100; [0086]), in which an accommodation part accommodating the electrode assembly is formed (the power storage device element 400 is accommodated within the housing; [0086] & Fig. 1), and a sealing part is formed along an outer circumferential surface thereof (on the periphery of the housing 100, the packaging materials 110, 120 are heat-sealed to form a peripheral bonded portion 130; [0087] & Fig. 1);
a connection pipe (valve device 200 has a seal attachment portion 220 with a vent passage A1 having a perfectly circular cross section; [0122] – [0124] & Fig. 7) having one side connected to the accommodation part of the battery case (one side of the seal attachment portion 220 is connected to the inside of the housing 100; Fig. 8) and the other side connected to the outside of the battery case and passing through the battery case (the other side of the seal attachment portion 220 connected to the valve function portion 210 of valve device 200 is connected to the outside of the housing 100 and passes through the housing 100; Fig. 8; valve device 200 communicates with the inside of the housing 100; [0093]); and
an aroma valve (valve device 200 has a valve function portion 210; [0122]) connected to the other side of the connection pipe and disposed outside the battery case (valve function portion 210 is connected to the other side of the seal attachment portion 220 near L4 outside of the housing 100; Fig. 8) so as to open to discharge an internal gas when an internal pressure of the battery case is greater than or equal to a predetermined pressure (inside valve function portion 210 is a valve mechanism configured to discharge a gas generated in the housing 100; [0127]; valve device 200 is configured to, when the internal pressure of the housing 100 reaches a predetermined value or higher due to a gas generated in the housing 100, release the gas in the housing 100 to the outside; [0093]).
Sasaki ‘155 discloses the power storage device being a secondary battery ([0220]), wherein the housing 100 may be a pouch-typed housing ([0209]), but does not provide the structural details of the secondary battery.
Han ‘275, like Sasaki ‘155, discloses a pouch-type secondary battery and provides the structural details thereof. In particular, Han ‘275 discloses a secondary battery 100 including an electrode assembly 110, a case 120, an electrode tab 130, a first reference electrode 141 and a second reference electrode 142 ([0041]). The electrode assembly 110 includes at least one positive electrode plate, at least one negative electrode plate and at least one separator ([0042]). Each positive electrode plate and each negative electrode plate included int eh electrode assembly 110 may be configured to be disposed so that a separator is interposed therebetween ([0042]). In other words, a separator may be located at every region between the positive and negative electrode plates ([0042]). The positive electrode plate and the negative electrode plate are physically separated from each other by the separator, which may prevent a short circuit from each other ([0043]). The electrode assembly 110 may be accommodated in the case 120 in a state where a plurality of positive electrode plates and a plurality of negative electrode plates are alternately stacked ([0043]). The case 120 may include an upper pouch 121 and a lower pouch 122 ([0046]; Figs. 1 & 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, for the power storage device element 400, as taught by Sasaki ‘155, to include an electrode assembly having a plurality of positive electrode plates and a plurality of negative electrode plates alternately stacked with separators disposed between each positive and negative electrode plate, because the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, A.).
Sasaki ‘155 discloses a valve mechanism inside the valve function portion 210, configured to discharge a gas generated in the housing 100 including a valve seat 212, a ball 214, a spring 216, and a membrane 218, wherein the valve mechanism provided is not limited as long as it can reduce an increased internal pressure of the housing 100 due to a gas ([0127]).
Sasaki ‘155 does not disclose the entire structure of the aroma valve comprising: a body having an exhaust hole formed therein; a cover provided on an outer surface of the body to cover the exhaust hole; and an elastic member configured to surround the cover, wherein the elastic member has an end directly fixed to the body and fixes the cover to the body by the elastic forcer thereof.
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[AltContent: textbox (Fig. 1 of Sunakawa ‘303)]Sunakawa ‘303 discloses a structure of a safety valve for a sealed battery in Fig. 1 ([0011]). A recess 2 is formed in a lid 1 for closing an opening of a battery case, and a hollow cylindrical valve cylinder 3 formed in a bottom wall 2a of the recess 2 ([0012]). A cap-shaped valve body 4 is attached to the valve tube portion 3 ([0012]). A foam member 5 is provided on the valve body inner top surface 4a ([0013]). The foam member 5 is impregnated with the sealing agent 6 such as silicone oil, and the sealing agent 6 is applied to the valve tube portion 3 and the valve body 4 ([0013]). The valve body 4 and the foam member 5 is made of an ethylene or propylene rubber ([0021]).
When the internal pressure of the battery is lower than the atmospheric pressure, the top surface portion 4a on the inner surface of the valve body 4 is pushed to the inside of the battery by the atmospheric pressure, and the foam member 5 is elastically deformed to be compressed ([0015]). When the battery internal pressure rises due to gas generation above a predetermined valve opening pressure, a gap is created between the valve body 4 and the valve tube portion 3 ([0003] & [0022])
As shown in Fig. 1, the valve tube portion 3, corresponding to the body, has a hollow exhaust hole formed therein with a foam member 5, corresponding to the cover, provided on an upper surface of the hollow exhaust hole of the valve cylinder 3, and a valve body 4, corresponding to the elastic member, that surrounds the foam member 5 and is directly fixed to the valve cylinder 3 with a sealing agent 6, and fixes the foam member 5 to the valve cylinder 3 when the internal pressure of the battery is lower than the atmospheric pressure.
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the structure of the aroma valve in the secondary battery, as taught by Sasaki ‘155, to have a valve tube portion 3, corresponding to the body, with a hollow exhaust hole formed therein with a foam member 5, corresponding to the cover, provided on an upper surface of the hollow exhaust hole of the valve cylinder 3, and a valve body 4, corresponding to the elastic member, that surrounds the foam member 5 and is directly fixed to the valve cylinder 3 with a sealing agent 6, and fixes the foam member 5 to the valve cylinder 3 when the internal pressure of the battery is lower than the atmospheric pressure, as suggested by Sunakawa ‘303, to create a gap between the valve body 4 and the valve tube portion 3 to discharge gas when the internal pressure rises above a predetermined pressure.
Regarding claim 2, Sasaki ‘155 teaches the secondary battery of claim 1, wherein the connection pipe comprises a polypropylene (PP) material (a casing of the valve device 200 is preferably formed of a material such as polypropylene (PP); [0093] of Sasaki ‘155).
Regarding claim 3, Sasaki ‘155 teaches the secondary battery of claim 2, wherein the battery case comprises an upper and a lower case (housing 100 includes packaging materials 110 and 120; [0087] & Fig. 8 of Sasaki ‘155),
each of surfaces facing each other on outer circumferential surfaces of the upper case and the lower case comprises a polypropylene (PP) material (the heat-sealable resin layers 35, i.e., the innermost layers of the packaging materials 110, 120 comprise a polypropylene material; [0117] - [0122] of Sasaki ‘155),
the connection pipe passes between the outer circumferential surfaces of the upper case and the lower case (the seal attachment portion 220 passes between the packaging materials 110, 120; Fig. 8 of Sasaki ‘155), and
an outer surface of the connection pipe is sealed together with the outer circumferential surfaces of the upper case and the lower case (the outer circumferential surface of the seal attachment portion 220 and the heat-sealable resin layers 35, i.e., the innermost layers of the packaging materials 110, 120, are fused and bonded; [0131] & Fig. 8 of Sasaki ‘155).
Regarding claim 7, Sasaki ‘155 teaches the secondary battery of claim 1, wherein, when the internal pressure of the battery case is equal to or greater than the elastic force of the elastic member, the cover and the body are spaced apart from each other so that the exhaust hole is opened to discharge the internal gas (when the battery internal pressure rises due to gas generation above a predetermined valve opening pressure, a gap is created between the valve body 4 and the valve tube portion 3 to discharge gas to the outside; [0003] & [0022] of Sunakawa ‘303), and
when the internal pressure of the battery case is lowered after discharging the internal gas, the cover and the body are in close contact with each other by restoring force of the elastic member so that the exhaust hole is sealed (when the internal pressure of the battery is lower than the atmospheric pressure, the top surface portion 4a on the inner surface of the valve body 4 is pushed to the inside of the battery by the atmospheric pressure, and the foam member 5 is elastically deformed to be compressed, wherein the valve body 4 and the valve tube portion 3 are in close contact due to the compression of the foam member 5; [0015] & Fig. 1 of Sunakawa ‘303).
Regarding claim 9, Sasaki ‘155 teaches the secondary battery of claim 1, wherein a first portion of the elastic member adheres to an outer surface of the cover (an upper surface of the foam member 5 adheres to the valve body inner top surface portion 4a of the valve body 4; [0013] & Fig. 1 of Sunakawa ‘303), and a second portion of the elastic member does not adhere to the outer surface of the cover to form a passage between the cover and the body through which the internal gas is discharged (a lower surface of the foam member 5 is not adhered to any surface of the valve body 4; Fig. 1 of Sunakawa ‘303; further, when the battery internal pressure rises due to gas generation above a predetermined valve opening pressure, a gap is created between the valve body 4 and the valve tube portion 3 to discharge gas to the outside; [0003] & [0022] of Sunakawa ‘303).
Regarding claims 11 and 12, Sasaki ‘155 teaches the secondary battery of claim 1, wherein the aroma valve further comprises an adhesive between the body and the cover to allow the cover to adhere to the body, wherein the adhesive comprises silicone oil (the foam member 5 is impregnated with the sealing agent 6 such as silicone oil, and the sealing agent 6 is applied to the valve tube portion 3 and the valve body 4; [0013] & Fig. 1 of Sunakawa ‘303).
Regarding claim 16, Sasaki ‘155 teaches the secondary battery of claim 1, wherein a battery pack comprises the secondary battery (this configuration takes into account, for example, applications to electric vehicles, such as a hybrid car and an electric car in which multiple power storage devices are connected in series and used at a high voltage; [0085] of Sasaki ‘155).
Regarding claim 18, Sasaki ‘155 teaches the secondary battery of claim 1, wherein the aroma valve is provided vertically with respect to the connection pipe (as shown in Fig. 7 of Sasaki ‘155, the valve function portion 210 is provided vertically with respect to the vent passage A1 of the seal attachment portion 220; [0122]).
Claims 4, 5, 10, 13, 14, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2020053179 A (Sasaki ‘155 – citing to US 20220006155 A1 as an English translation from the IDS filed on December 21, 2022) in view of US 20190064275 A1 (Han ‘275), and further in view of CN 208240738 U (Chen ‘738 – citing to the attached English translation) and US 4745039 A (Yoshinaka ‘039).
Regarding claim 4, Sasaki ‘155 teaches a secondary battery (power storage device 10 is a secondary battery; [0220]) comprising:
an electrode assembly (positive and negative electrode; [0085]);
a battery case (housing 100; [0086]), in which an accommodation part accommodating the electrode assembly is formed (the power storage device element 400 is accommodated within the housing; [0086] & Fig. 1), and a sealing part is formed along an outer circumferential surface thereof (on the periphery of the housing 100, the packaging materials 110, 120 are heat-sealed to form a peripheral bonded portion 130; [0087] & Fig. 1);
a connection pipe (valve device 200 has a seal attachment portion 220 with a vent passage A1 having a perfectly circular cross section; [0122] – [0124] & Fig. 7) having one side connected to the accommodation part of the battery case (one side of the seal attachment portion 220 is connected to the inside of the housing 100; Fig. 8) and the other side connected to the outside of the battery case and passing through the battery case (the other side of the seal attachment portion 220 connected to the valve function portion 210 of valve device 200 is connected to the outside of the housing 100 and passes through the housing 100; Fig. 8; valve device 200 communicates with the inside of the housing 100; [0093]); and
an aroma valve (valve device 200 has a valve function portion 210; [0122]) connected to the other side of the connection pipe and disposed outside the battery case (valve function portion 210 is connected to the other side of the seal attachment portion 220 near L4 outside of the housing 100; Fig. 8) so as to open to discharge an internal gas when an internal pressure of the battery case is greater than or equal to a predetermined pressure (inside valve function portion 210 is a valve mechanism configured to discharge a gas generated in the housing 100; [0127]; valve device 200 is configured to, when the internal pressure of the housing 100 reaches a predetermined value or higher due to a gas generated in the housing 100, release the gas in the housing 100 to the outside; [0093]).
Sasaki ‘155 discloses the power storage device being a secondary battery ([0220]), wherein the housing 100 may be a pouch-typed housing ([0209]), but does not provide the structural details of the secondary battery.
Han ‘275, like Sasaki ‘155, discloses a pouch-type secondary battery and provides the structural details thereof. In particular, Han ‘275 discloses a secondary battery 100 including an electrode assembly 110, a case 120, an electrode tab 130, a first reference electrode 141 and a second reference electrode 142 ([0041]). The electrode assembly 110 includes at least one positive electrode plate, at least one negative electrode plate and at least one separator ([0042]). Each positive electrode plate and each negative electrode plate included int eh electrode assembly 110 may be configured to be disposed so that a separator is interposed therebetween ([0042]). In other words, a separator may be located at every region between the positive and negative electrode plates ([0042]). The positive electrode plate and the negative electrode plate are physically separated from each other by the separator, which may prevent a short circuit from each other ([0043]). The electrode assembly 110 may be accommodated in the case 120 in a state where a plurality of positive electrode plates and a plurality of negative electrode plates are alternately stacked ([0043]). The case 120 may include an upper pouch 121 and a lower pouch 122 ([0046]; Figs. 1 & 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, for the power storage device element 400, as taught by Sasaki ‘155, to include an electrode assembly having a plurality of positive electrode plates and a plurality of negative electrode plates alternately stacked with separators disposed between each positive and negative electrode plate, because the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, A.).
Sasaki ‘155 discloses a valve mechanism inside the valve function portion 210, configured to discharge a gas generated in the housing 100 including a valve seat 212, a ball 214, a spring 216, and a membrane 218, wherein the valve mechanism provided is not limited as long as it can reduce an increased internal pressure of the housing 100 due to a gas ([0127]).
Sasaki ‘155 does not disclose the entire structure of the aroma valve comprising: a body having an exhaust hole formed therein; a cover provided on an outer surface of the body to cover the exhaust hole; and an adhesive provided between the body and the cover to allow the cover and the body to adhere to each other; and a cap on the outside of the cover coupled to the body.
Chen ‘738 discloses a secondary battery that includes an exhaust valve 16, which includes a valve body 160 and a valve sleeve 162 ([0073]). The valve sleeve 162 corresponds to the cover, because the valve sleeve 162 covers the valve body 160 and covers the exhaust port 1600 ([0074] & Fig. 5). When the gas discharged from the exhaust port 1600 acts on the valve sleeve 162, the valve sleeve 162 is deformed by force and is compressed and deformed to the side away from the valve body 160, wherein the valve sleeve 162 moves away from the valve body 160 so that a gap is formed between the valve sleeve 162 and the valve body 160 to form an exhaust channel for the gas to be discharged ([0075]).
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The exhaust valve 16 may also include a cover 164, corresponding to the cap, connected to the valve body 160 ([0081] & Fig. 5). The valve cover 164 has a vent hole 1642 that communicates with the receiving cavity 1640 so that gas may be discharged through the exhaust channel to the outside through the vent hole 1642 ([0084] & Fig. 5). The valve cover 164 may reduce the risk of external debris entering the secondary battery ([0086]).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the structure of the aroma valve in the secondary battery, as taught by Sasaki ‘155, to have a valve body with a valve sleeve, corresponding to the cover, that covers the valve body having an exhaust port with a valve cover connected to the valve body, to reduce the risk of external debris entering, but to also allow for gas to be discharged through the exhaust channel to the outside through the vent hole of the valve cover, as suggested by Chen ‘738.
Chen ‘738 does not disclose an adhesive provided between the body and the cover to allow the cover and the body to adhere to each other.
Yoshinaka ‘039 discloses a valve chamber having a breathing hole 4, a rubber layer 5 that is in turn elastically urged against the bottom of the valve chamber by an elastic pad 6 (col. 3, lines 13-32). The communication between the atmosphere and the interior of the battery casing through the breathing hole 4 is interrupted by the rubber layer 5 urged by the elasticity of the elastic pad 6 against the bottom of the valve chamber (col. 4, lines 3-23). Preferably, an annular portion of the bottom of the valve chamber around the breathing hole may be applied with a liquid sealing agent, for example, silicone oil, to facilitate the selective opening and closing of the safety valve (col. 4, lines 3-23).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to modify the valve mechanism of the secondary battery, as taught by Sasaki ‘155 in view of Chen ‘738, to further include a liquid sealing agent, for example, silicone oil, to facilitate the selective opening and closing of the safety valve, as suggested by Yoshinaka ‘039, allowing the body and the cover to adhere to each other.
Regarding claim 5, Sasaki ‘155 teaches the secondary battery of claim 4, wherein the adhesive comprises silicone oil (an annular portion of the bottom of the valve chamber around the breathing hole may be applied with a liquid sealing agent, for example, silicone oil, to facilitate the selective opening and closing of the safety valve; col. 4, lines 3-23 of Yoshinaka ‘039).
Regarding claim 10, Sasaki ‘155 teaches the secondary battery of claim 1, wherein Sasaki ‘155 further discloses that the valve seat 212 of the valve device of Sasaki ‘155 may be an O-ring ([0056]), wherein the valve seat 212 is between the ball 214, corresponding to the cover, and the valve function portion 210, corresponding to the body ([0127]). When the place of the valve seat that touches the ball in the valve mechanism has a shape that conforms to the surface shape of the ball, the amount of helium (gas) leakage can be readily set in a desired range ([0056]).
Therefore, Sasaki ‘155 discloses that the aroma valve may further comprise an O-ring provided between the cover and the body, because, the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, A.).
Regarding claims 13 and 14, Sasaki ‘155 teaches the secondary battery of claim 4, wherein the aroma valve is provided vertically with respect to the connection pipe (as shown in Fig. 7 of Sasaki ‘155, the valve function portion 210 is provided vertically with respect to the vent passage A1 of the seal attachment portion 220; [0122]), wherein the exhaust hole of the aroma valve extends vertically with respect to an internal discharge passage of the connection pipe, which is formed in a longitudinal direction of the connection pipe (as shown in Fig. 7 of Sasaki ‘155, the vent passage A1 extends vertically with respect to the valve function portion 210 where a gap is formed between the ball 214 and the valve 212, and gas is discharged outside the housing 100 through an outlet O1; [0129]).
Regarding claim 15, Sasaki ‘155 teaches the secondary battery of claim 13, further comprising a membrane, through which a gas passes, and a liquid does not pass, on the exhaust hole of the aroma valve (as shown in Fig. 7 of Sasaki ‘155, a membrane 218 formed of a PTFE membrane that only allows a gas to permeate is located within the valve function portion 210 above the vent passage A1; [0128]).
Regarding claim 17, Sasaki ‘155 teaches the secondary battery of claim 4, wherein the cap comprises a cap hole for discharging the gas (the valve cover 164 has a vent hole 1642 that communicates with the receiving cavity 1640 so that gas may be discharged through the exhaust channel to the outside through the vent hole 1642; [0084] & Fig. 5 of Chen ‘378).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2020053179 A (Sasaki ‘155 – citing to US 20220006155 A1 as an English translation from the IDS filed on December 21, 2022) in view of US 20190064275 A1 (Han ‘275) and JP 2002313303 A (Sunakawa ‘303), and further in view of US 20090130531 A1 (Matsuda ‘531).
Regarding claim 8, Sasaki ‘155 teaches the secondary battery of claim 1, but does not disclose that the elastic member is made of a material comprising at least one or more of natural rubber, a poly-isoprene-based material, polyvinylidene fluoride (PVDF), polyvinyl fluoride (PVF), poly-3hydroxybutrate (PHB), polyvinyl acetate (PVA), polychlorotrifluoroethylene (PCTFE), polyamide, polyactic acid, polyethylene terephthalate, polyvinylchloride, polyvinyl alcohol, polystyrene, poly methyl methacrylate (PMMA), polytetrafluoroethlene (PTFE), poly carbonate, polysulfone, and polynorbone.
Matsuda ‘531 discloses a check valve made of an elastic material. The elastic material may be synthetic resins, such as polyvinyl alcohol, polyethylene terephthalate, polycarbonate, polystyrene, polyvinyl chloride, and rubbers such as natural rubber, isoprene rubber, styrene-butadiene rubber, etc.
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to select natural rubber, polyvinyl alcohol, polyethylene terephthalate, polycarbonate, polystyrene, or polyvinyl chloride, for example, as the material of the elastic member, because the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Response to Arguments
Applicant's arguments filed December 8, 2025, have been fully considered. Applicant asserts that Yoshinaka does not disclose the recited configuration, wherein the elastic member has an end directly fixed to the body, of amended claim 1. However, applicant’s argument is moot in view of JP 2002313303 A (Sunakawa ‘303).
As shown in Fig. 1 of Sunakawa ‘303, the valve tube portion 3, corresponding to the body, has a hollow exhaust hole formed therein with a foam member 5, corresponding to the cover, provided on an upper surface of the hollow exhaust hole of the valve cylinder 3, and a valve body 4, corresponding to the elastic member, that surrounds the foam member 5 and is directly fixed to the valve cylinder 3 with a sealing agent 6, and fixes the foam member 5 to the valve cylinder 3 when the internal pressure of the battery is lower than the atmospheric pressure.
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 TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725