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 .
Response to Arguments
Applicant’s argument that Kotowicz fails to teach “reshaping” and therefore fails to read upon the currently amended claims is not persuasive. Applicant’s arguments have narrowly interpreted “reshaping” as referring to the embossing, bending, or deep drawing operations as recited in the specification and excluding the pressure casting recited by Kotowicz. However, examiner notes the Merriam-Webster dictionary defines reshaping as “to give a new form or orientation to” and based upon this dictionary definition is interpreting Kotowicz’s pressure casting as giving new form to material and therefore falling within the definition of reshaping.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-4, 7, and 9-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kotowicz (US 2015/0330421 A1).
Regarding claim 1, Kotowicz discloses a housing element (Kotowicz 15) comprising a housing wall (see Kotowicz figure 1) and a receiving structure (Kotowicz 20) for a pressure compensation element (Kotowicz 60), wherein the receiving structure comprising a through-opening (Kotowicz 45) for the passage of gas, wherein the receiving structure comprises at least one pressure compensation element abutment face (Kotowicz 55) that is raised (see Kotowicz figure 3), relative to an outer face of a base region of the housing wall and the receiving structure is formed by a pressure casting method (Kotowicz [0054]) where raw material is reshaped into a housing wall with a receiving structure. Examiner notes that the claim language “reshaping” has been interpreted as including the recited pressure casting process where material is reshaped to form the housing wall and receiving structure.
Regarding claim 2, Kotowicz as applied to claim 1 discloses the receiving structure comprises a raised web (Kotowicz 30) extending around the pressure compensation element abutment face (see Kotowicz figure 4).
Regarding claim 3, Kotowicz as applied to claim 2 further discloses the web (Kotowicz 30) is provided with at least one discharge opening (Kotowicz 40).
Regarding claim 4, Kotowicz as applied to claim 1 teaches the pressure compensation element abutment face (Kotowicz 55) is inclined (see Kotowicz figure 3) relative to the outer face of the base region of the housing wall.
Regarding claim 7, Kotowicz as applied to claim 1 discloses the receiving structure is formed in one piece with the housing wall (Kotowicz [0007]).
Regarding claim 9, Kotowicz teaches a combination of a pressure compensation element (Kotowicz 60) and a housing element (Kotowicz 15), said housing element comprising a housing wall (see Kotowicz figure 1) and a receiving structure (Kotowicz 20) for a pressure compensation element (Kotowicz 60), wherein the receiving structure comprising a through-opening (Kotowicz 45) for the passage of gas, wherein the receiving structure comprises at least one pressure compensation element abutment face (Kotowicz 55) that is raised (see Kotowicz figure 3), relative to an outer face of a base region of the housing wall, the receiving structure is formed by a pressure casting method (Kotowicz [0054]) where raw material is reshaped into a housing wall with a receiving structure, wherein the pressure compensation element comprises a pressure compensation element membrane (Kotowicz [0032]) that is arranged on the pressure compensation element abutment face (see Kotowicz figure 3). Examiner notes that the claim language “reshaping” has been interpreted as including the recited pressure casting process where material is reshaped to form the housing wall and receiving structure.
Regarding claim 10, Kotowicz as applied to claim 9 further discloses the pressure compensation element membrane is adhesively bonded (Kotowicz [0032]) to the pressure compensation element
abutment face.
Regarding claim 11, Kotowicz as applied to claim 9 further discloses the pressure compensation element comprises a protective cap (Kotowicz 25), which covers the pressure compensation element membrane (see Kotowicz figures 2 and 3).
Regarding claim 12, Kotowicz as applied to claim 11 further discloses the protective cap (Kotowicz 25) comprises two elements (Kotowicz 100 and 105) that comprise intersecting ventilation channels (Kotowicz 130 and 140) that form a torturous flowpath
Regarding claim 13, Kotowicz as applied to claim 12 discloses the protective cap (Kotowicz 25) comprises two elements (Kotowicz 100 and 105) that comprise intersecting ventilation channels (Kotowicz 130 and 140) that form a torturous flowpath.
Regarding claim 14, Kotowicz as applied to claim 11 further discloses the protective cap (Kotowicz 25) comprises a collar (Kotowicz 156), which laterally covers a rim of the pressure compensation element membrane (see Kotowicz figure 3).
Regarding claim 15, Kotowicz discloses a method for producing a combination of a housing element (Kotowicz 15) and a pressure compensation element (Kotowicz 60), comprising the following steps:
Reshaping a housing wall of the housing element for forming a receiving structure (Kotowicz [0054]). Examiner notes that the claim language “reshaping” has been interpreted as including the recited pressure casting process where material is reshaped to form the housing wall and receiving structure;
Producing a through-opening (Kotowicz 45) in the region of the receiving structure, wherein the receiving structure comprises at least one pressure compensation abutment face (Kotowicz 55) that is raised (see Kotowicz figure 2), relative to an outer face of a base region
of the housing wall;
Arranging a pressure compensation element membrane (Kotowicz 60) on the at least one pressure compensation element abutment face (see Kotowicz figure 3).
Regarding claim 16, Kotowicz as applied to claim 15 further discloses a protective cap (Kotowicz 25) is arranged on the side of the pressure compensation element membrane of the pressure compensation element that faces away from the receiving structure of the housing element (see Kotowicz figure 3).
Allowable Subject Matter
Claims 5 and 6 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 following is a statement of reasons for the indication of allowable subject matter: Current prior art of record fails to teach the housing element comprising two partial pressure compensation element abutment faces that are inclined relative to the outer face of the base region of the housing wall and have mutually different slope directions as recited in claims 5 and 6.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHARLES R BRAWNER whose telephone number is (571)272-0228. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm EST.
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/CHARLES R BRAWNER/ Examiner, Art Unit 3762
/STEVEN B MCALLISTER/ Supervisory Patent Examiner, Art Unit 3762