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 .
Election/Restrictions
Claims 56, 57, 60, 61, 63, 64, 71 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected battery, system, and device, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/10/2026.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Covert et al (5,462,100).
Covert et al disclose a two-phase valve (33, 63) comprising the valve being partially immersed in fuel in a fuel tank ([working]liquid storage region 11; figure 1), wherein there is a “first valve arrangement” 33, which serves to prevent entry of liquid fuel into the canister 30, wherein the valve 33 is between an inlet port in the fuel region and an outlet port 31, and closes to avoid sloshing as it floats when the fluid level is at a first threshold (column 3, lines 22-28). The “second valve arrangement” 63, between an inlet port and an outlet port 41, wherein the float valve selectively closes when the tank fluid reaches second threshold value (see figure 1, wherein 33 and 63 are present at different height positions in the tank, therefore a first and a second fluid level, and wherein 63 is lower than 33; column 3, lines 41-67; instant claims 1, 2).
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Therefore, the device of Covert et al teaches the invention as set forth by the instant claims 1 and 2.
Claim(s) 1 and 2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ehrman et al (6,899,119).
Ehrman et al disclose a fuel tank wherein the level above the liquid if vapor fluid comprising a valve 10 wherein the valve comprises a valve body (cylindrical housing and wall 24, 27) defining a control space 36, which is partially immersed in a fluid, further comprising an inlet port 36 and outlet port 30 (first valve arrangement defining a first flow path). The valve further comprises a second valve arrangement and flow path, wherein a second valve inlet port (aperture 28), and second outlet port 40, with flow path control space 26. The first valve arrangement and outlet remove vapor, and the float member 42 and control member 46 which is displaceable between and open state and closed state. When the liquid in the fuel tank is below the buoyancy level of the float member 42, the outlet port 30 is open by the control member 46, and the fuel vapor may be removed via the draining port 40. When the liquid level rises wherein float member 42 is displaced into a closed position the draining port 40 is closed and the outlet port 30 remains open, meeting the limitations of the instant claim for the first and second threshold values, and the second threshold value is lower than the first (lower than the first threshold with draining port 40 lower than the first valve arrangement outlet port 30 (column 3, line 34-column 4, line 22; instant claims 1 and 2).
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Allowable Subject Matter
Claims 17, 19-24, 27, 30, 31, 34, and 39 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The claims require that the first and second valve arrangements first and second chambers wherein those chambers may include sealing members, further wherein as those which are vertically stacked. The cited prior art of record teaches first and second valve arrangements, however, the valves do no define distinct chambers having sealing members and are not vertically stacked.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMANDA C. WALKE/Primary Examiner, Art Unit 1722
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