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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/23/2026 has been entered.
Response to Arguments
Applicant’s amendment to independent claim 15 are persuasive and after further consideration a new rejection has been written in view of Kotowicz (US 2015/0330421 A1) and Appleby et al. (US 2011/0189440 A1).
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.
Claims 23 and 24 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.
Regarding claim 23 and 24, it is unclear from the claim language if the at least two partial pressure compensation element abutment faces includes the at least one pressure compensation element abutment face recited in claim 15 or not. In applying art, the limitation has been interpreted as including the at least one pressure compensation element abutment face of claim 15 as one of the partial pressure compensation element abutment faces.
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.
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.
Claim(s) 15-22 and 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kotowicz (US 2015/0330421 A1) in view of Appleby et al. (US 2011/0189440 A1).
Regarding claim 15, Kotowicz discloses a method for producing a combination of a housing element (Kotowicz 15) and a pressure compensation element (Kotowicz 60 and 40), comprising the following steps:
Reshaping a housing wall of the housing element for forming a receiving structure (Kotowicz 20) by pressure casting (Kotowicz [0054]) and that other manufacturing methods are conceivable (Kotowicz [0054]);
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 50) 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) of the pressure compensation element (Kotowicz 60 and 40) on the at least one pressure compensation element abutment face (Kotowicz 50).
Kotowicz is silent regarding the reshaping step comprising embossing, bending, or deep-drawing.
However, Appleby teaches a method for manufacturing castings and teaches that pressure casting and hot embossing are useable manufacturing methods for producing a mold(Appleby [0311]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Kotowicz’s method to make a substitution of Appleby’s known hot embossing method for Kotowicz’s known pressure casting method to produce a predictable result of producing the housing element without requiring a pressure casting mold.
Regarding claim 16, Kotowicz and Appleby as applied to claim 15 further teach a protective cap (Kotowicz 25) is arranged on the side of the pressure compensation element membrane (Kotowicz 60) of the pressure compensation element (Kotowicz 60 and 40) that faces away from the receiving structure of the housing element (see Kotowicz figure 3).
Regarding claim 17, Kotowicz and Appleby as applied to claim 16 teach the protective cap (Kotowicz 25) comprises two elements (Kotowicz 100 and 105) that comprise multiple intersecting ventilation channels (Kotowicz 130 and 140) that form a torturous flowpath.
Regarding claim 18, Kotowicz and Appleby as applied to claim 17 teach the protective cap (Kotowicz 25) comprises two elements (Kotowicz 100 and 105) that comprise multiple intersecting ventilation channels (Kotowicz 130 and 140) that form a torturous flowpath.
Regarding claim 19, Kotowicz and Appleby as applied to claim 16 further teach 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 20, Kotowicz and Appleby as applied to claim 15 teach the receiving structure comprises a raised web (Kotowicz 30) extending around the pressure compensation element abutment face (see Kotowicz figure 4).
Regarding claim 21, Kotowicz and Appleby as applied to claim 20 further teach the web (Kotowicz 30) is provided with at least one discharge opening (Kotowicz 40).
Regarding claim 22, Kotowicz and Appleby as applied to claim 15 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. Examiner notes the claim language is only drawn to a relative angle between the pressure compensation element abutment face and outer face of the base region of the housing wall and therefore, Kotowicz’s figure 3 showing a horizontal outer face of the base region of the housing wall and an inclined pressure compensation element abutment face therefore reads upon the claim limitation.
Regarding claim 25, Kotowicz and Appleby as applied to claim 15 teaches the receiving structure is formed in one piece with the housing wall (Kotowicz [0007]).
Regarding claim 26, Kotowicz and Appleby as applied to claim 15 further teaches the pressure compensation element membrane is adhesively bonded (Kotowicz [0032]) to the pressure compensation element abutment face.
Claim(s) 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kotowicz (US 2015/0330421 A1) and Appleby et al. (US 2011/0189440 A1) as applied to claim 15 above, and further in view of Bahn (US 2012/0047828 A1).
Regarding claim 23, Kotowicz and Appleby as applied to claim 15 teach the pressure compensation element abutment face is inclined relative to the base region of the housing wall (see Kotowicz figure 3).
Kotowicz and Appleby are silent regarding the receiving structure comprising at least 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.
However, Bahn teaches a roof ventilation system (see Bahn figure 1) wherein the vent comprises a ventilation opening (Bahn 130) situated at a crest line of a roof ridge (Bahn 120)that forms two mutually inclined roof surfaces (Bahn 112, see Bahn figure 2) to promote drainage of liquids (Bahn [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Kotowicz’s pressure compensation element abutment face to utilize Bahn’s teachings of two surfaces sloped in mutually different directions with a vent at the crest to modify Kotowicz’s pressure compensation element to have two sloped surfaces with the ventilation opening at the crest to produce a predictable result of improving the drainage of the pressure compensation element.
Regarding claim 24, Kotowicz, Appleby, and Bahn as applied to claim 23 teach the at least two partial pressure compensation element abutment faces adjoin one another along a crest line and slope down from the crest line along mutually different slope directions (see Bahn figure 2).
Conclusion
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
/HELENA KOSANOVIC/Supervisory Patent Examiner, Art Unit 3762
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