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 arguments, filed 02/06/2026, with respect to the rejection(s) of claim(s) 1-5, 7-17, and 20-21 under USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kleinke (US-20180292020-A1).
Allowable Subject Matter
Claims 9 and 13-14 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:
Regarding claim 9, Kleinke discloses the vent valve according to claim 8. Kleinke does not disclose or teach wherein the recess is configured to be separated from the protrusion when the valve core moves from the first position to the second position relative to the base. That is, the parts 20 of Kleinke (see e.g., Kleinke; fig. 1) which correspond to section including the recess do not move when the screen 15 moves from the first position to the second position relative to the base. Rather, the parts 20 are positioned to hold the root of the screen 15 in position for emergency degassing which lifts the tip of the screen 15. There is no further art or motivation for one of ordinary skill in the art to modify the parts 20 of Kleinke to move and separate from the protrusion. Therefore, claim 9 is considered allowable if rewritten in independent form including the depending claims 1, 7, and 8.
Regarding claim 13, Kleinke discloses the vent valve according to claim 1. Kleinke does not disclose or teach wherein the valve core is configured to move within the central channel in a first direction relative to the base, and, when the valve core is in the second position, at least part of the flow flows through the first gas channel in a second direction different from the first direction, the flow through the first gas channel flow that is outside the central channel. Particularly, the screen 15 corresponding to the valve core does not move within the central channel, and is not positioned to be within the central channel. Therefore, the screen 15 corresponding to the valve core cannot move within the central channel in a first direction relative to the base. Moreover, there is no further art or motivation for one of ordinary skill in the art to move the screen 15 to be positioned within the central channel and move within the central channel in a first direction relative to the base because flow to the gas permeable membrane would be blocked, inhibiting a primary function of the provided pressure-compensation device. As such, claim 13 is considered allowable if rewritten in independent form including depending claim 1.
Regarding claim 14, Kleinke does not provide the vent valve according to claim 13. Therefore, for at least this reason, claim 14 is considered allowable if rewritten in independent form including depending claims 1 and 13.
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 5 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.
The term “near” in claim 5 is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “near” renders the position of the first gas channel indefinite in claim 5.
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) 1-5, 7-8, 10-11, 15-17, and 20-23 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kleinke (US-20180292020-A1).
Regarding claim 1, Kleinke discloses a vent valve including a breathable membrane (see e.g., Kleinke; fig. 1, [0047], regarding gas-permeable membrane 8), comprising: a base defining a central channel (see e.g., Kleinke; fig. 1, [0043], regarding component 20 being part of the base defining central channel 4); and a valve core (see e.g., Kleinke; fig. 1; [0043], regarding screen 15 and the upper part of inner half 20) having a breathable membrane (see e.g., Kleinke; fig. 1, regarding gas-permeable membrane 8 connected to upper part of inner half 20) and at least one first gas channel (see e.g., Kleinke; fig. 1, [0047], regarding the at least one first gas channel which is sealed by the screen 15 at sealing lip 17 on sealing surface 19, the channel which opens during emergency degassing), the valve core movably connected with the base (see e.g., Kleinke; [0040], regarding emergency degassing which is when the sealing lip lifts off the sealing surface), the valve core configured to move together with the at least one first gas channel from a first position to a second position relative to the base in response to gas pressure (see e.g., Kleinke; [0040], fig. 1, regarding when emergency degassing occurs, the sealing lip lifts from a first position to a second position, which is with the at least one first gas channel in the sense that the lip that forms the boundary of the gas channel is lifted, and is relative to the base 20), when the valve core is in the second position, the at least one first gas channel is at least partially opened to allow flow to bypass the breathable membrane ( see e.g., Kleinke; [0040], regarding when emergency degassing occurs, the sealing lip of the screen 15 lifts from a first position to a second position in response to gas pressure, which opens the first gas channel to allow airflow to go around and therefore bypass the breathable membrane).
Regarding claim 2, Kleinke discloses the vent valve according to claim 1, further comprising a cover connected with the base (see e.g., Kleinke; fig. 1, [0043], regarding outer half 21 corresponding to a cover) and including at least one second gas channel (see e.g., Kleinke; fig. 1, [0039], [0053], regarding lattice-like through-holes 14 so that the inner pressure and the outer pressure can be applied to the membrane and the screen), wherein, when the valve core is in the first position, flow through the at least one first gas channel is blocked (see e.g., Kleinke; fig. 1, regarding the normal operation state wherein the lip 17 seals the first gas channel), wherein, when the valve core is in the second position, the central channel, the first gas channel and the second gas channel are in fluid communication (see e.g., Kleinke; fig. 1, [0040], regarding the state when the lip 17 lifts off such that the first gas channel is open, and therefore the first gas channel, the second gas channel of the through holes 14, and the central channel 4 are in fluid communication).
Regarding claim 3, Kleinke discloses the vent valve according to claim 2, wherein the cover limits displacement of the valve core relative to the base (see e.g., Kleinke; fig. 1, wherein the cover 21 is above the screen 15 such that the displacement of the screen 15 would be limited by the cover 21; during emergency degassing, the screen 15 would not be able to lift past the cover 21).
Regarding claim 4, Kleinke discloses the vent valve according to claim 1, wherein the valve core has a side wall contained in the central channel (see e.g., Kleinke; fig. 1, wherein the upper part of 20 and part of the screen 15 may correspond with the side wall of the valve core) and an opening surrounded by the side wall, wherein the breathable membrane covers the opening (see e.g., Kleinke; fig. 1, wherein the breathable membrane covers the section around upper part 20), wherein the first gas channel is formed on the side wall (see e.g., Kleinke; fig. 1, wherein the screen 15 which forms the first gas channel is held by the upper part of 20 such that the side wall component forms the first gas channel when the screen 15 lifts during emergency degassing).
Regarding claim 5, Kleinke discloses the vent valve according to claim 4, wherein the valve core comprises a first end formed by extension of the side wall (see e.g., Kleinke; fig. 1, wherein the extension of the tip of the screen 15 may correspond with the first end formed by extension of the root portion corresponding to the side wall portion), the first end configured to move away from the base while the valve core moves from the first position to the second position relative to the base (see e.g., Kleinke; fig. 1, [0040], regarding emergency degassing where lip 17 lifts up and therefore moves away from the base, lower part of 20), wherein the first gas channel is arranged on the side wall of the valve core near the first end (see e.g., Kleinke; fig. 1, wherein the gas channel is when the lip of the screen 15 lifts up, which is near the first end), the first end configured to move away from the base while the valve core moves from the first position to the second position such that the first gas channel is outside the central channel (see e.g., Kleinke; fig. 1, [0040], regarding the lifting of the sealing lip during emergency degassing, the first channel formed being outside the central channel 4) and configured to receive flow discharged from the central channel (see e.g., Kleinke; [0045], regarding that during emergency degassing, screen 15 is released for a direct path between inner side 1 and outer side 2, wherein the inner side 1 includes the section of the central channel as shown in fig. 1).
Regarding claim 7, Kleinke discloses the vent valve according to claim 1, further comprising a retaining member, the valve core movably connected with the base through the retaining member, the retaining member configured to maintain the valve core at least in the first position (see e.g., Kleinke; fig. 1, wherein the upper half of 20 may correspond with the retaining member, the valve core screen 15 movable connected with the base, the lower half of part 20 through the retaining member; the upper and lower halves of 20 secure an end of the screen 15 so that the screen is maintained in a first position and movably connected with the base through the retaining member).
Regarding claim 8, Kleinke discloses the vent valve according to claim 7, wherein the retaining member comprises a connecting part and an extension part extending from the connecting part (see e.g., Kleinke; fig. 1, wherein the upper half of 20 has a connecting part and an extension part), the extension part having at least one protrusion (see e.g., Kleinke; fig. 1, wherein the upper half of 20 has a connecting part and an extension part wherein the extension part is a protrusion towards the bottom half of 20 to interlock together), wherein the connecting part is connected to one of the valve core or the base (see e.g., Kleinke; fig. 1, wherein the upper half of 20 is connected to the screen 15 and the lower half of 20), wherein the other of the valve core or the base includes at least one recess corresponding to the at least one protrusion, the protrusion is configured to engage with the recess to maintain the valve core in the first position (see e.g., Kleinke; fig. 1, regarding the lower half of 20 which includes a recess for the protrusion of the upper half, and which holds the screen 15 in place to maintain in a first position).
Regarding claim 10, Kleinke discloses the vent valve according to claim 1, wherein one of the valve core or the base includes a retaining part (see e.g., Kleinke; fig. 1, wherein the base 20 has a retaining part, which is the recess in which the root of the screen 15 sits), and the other of the valve core or the base includes a matching part corresponding to the retaining part (see e.g., Kleinke; fig. 1, wherein the root of the screen 15 has a corresponding matching part situated in the parts 20).
Regarding claim 11, Kleinke discloses the vent valve according to claim 10, wherein the retaining part and the matching part are configured to maintain the valve core at least in the first position through interference fit or friction fit (see e.g., Kleinke; fig. 1, wherein the end of the screen 15 is situated in the recesses of portions 20, which correspond with an interference or friction fit).
Regarding claim 15, Kleinke discloses a battery assembly (see e.g., Kleinke; [0013]-[0014], regarding the application of the device in batteries), comprising: a battery shell configured to accommodate the battery cells (see e.g., Kleinke; [0013]-[0014], regarding the housing of the battery cells), the battery shell having an opening (see e.g., Kleinke; [0009]-[0020], regarding the application of the pressure device in the battery housing which necessitates that the battery housing have an opening for the position and functionality of the pressure device); a vent valve including a breathable membrane (see e.g., Kleinke; fig. 1, [0047], regarding gas-permeable membrane 8), the vent valve connected with the battery cell shell through the opening (see e.g., Kleinke; [0009]-[0020], regarding the application of the pressure device in the battery housing which necessitates that the battery housing have an opening in which the pressure device connects for the functionality of the pressure device), wherein the vent valve comprises: a base defining a central channel (see e.g., Kleinke; fig. 1, [0043], regarding component 20 being part of the base defining central channel 4); and a valve core movable connected with the base (see e.g., Kleinke; fig. 1; [0043], regarding screen 15 and the upper part of inner half 20, [0040], regarding emergency degassing which is when the sealing lip lifts off the sealing surface) and including at least one first gas channel (see e.g., Kleinke; fig. 1, [0047], regarding the at least one first gas channel which is sealed at sealing lip 17 on sealing surface 19 which opens during emergency degassing, wherein the first gas channel opens when the sealing lip raises), the valve core is configured to move from a first position to a second position relative to the base in response to a gas pressure, wherein, when the valve core is in the second position, the first gas channel is at least partially opened to allow airflow to bypass the breathable membrane (see e.g., Kleinke; [0040], fig. 1, regarding when emergency degassing occurs, the sealing lip of the screen 15 lifts from a first position to a second position in response to gas pressure, which opens the first gas channel to allow airflow to go around and therefore bypass the breathable membrane).
Regarding claim 16, Kleinke discloses the battery assembly according to claim 15, wherein the vent valve further comprises a cover connected with the base (see e.g., Kleinke; [0043], regarding outer half 21 corresponding to a cover) and including at least one second gas channel (see e.g., Kleinke; fig. 1, [0039], [0053], regarding lattice-like through-holes 14 so that the inner pressure and the outer pressure can be applied to the membrane and the screen) wherein, when the valve core is in the first position, flow through the first gas channel to the second gas channel is blocked (see e.g., Kleinke; fig. 1, [0047], wherein under normal operation the first gas channel is not open to allow airflow from the first gas channel to the second gas channel), wherein, when the valve core is in the second position, the central channel, the first gas channel and the second gas channel are in fluid communication (see e.g., Kleinke; fig. 1, [0040], regarding the state when the lip 17 lifts off such that the first gas channel is open, and therefore the first gas channel, the second gas channel of the through holes 14, and the central channel 4 are in fluid communication).
Regarding claim 17, Kleinke discloses the battery assembly according to claim 15, wherein the vent valve further comprises a retaining member, the valve core movably connected with the base through the retaining member, the retaining member configured to maintain the valve core at least in the first position (see e.g., Kleinke; fig. 1, wherein the upper half of 20 may correspond with the retaining member, the valve core screen 15 movable connected with the base, the lower half of part 20 through the retaining member; the upper and lower halves of 20 secure an end of the screen 15 so that the screen is maintained in a first position and movably connected with the base through the retaining member).
Regarding claim 20, Kleinke discloses the vent valve according to claim 1, wherein the base blocks flow through the at least one first gas channel when the valve core is in the first position (see e.g., Kleinke; fig. 1, wherein the first gas channel is sealed by the screen 15 and the base lower half of 20, so the base which forms a boundary of the first gas channel is thus preventing flow), wherein flow through the at least one first gas channel is unblocked by the base when valve core is in the second position (see e.g., Kleinke; fig. 1, [0040], regarding emergency degassing which lifts the screen 15 to allow flow through the first gas channel and thus the lower half of 20 is no longer preventing the flow of gas).
Regarding claim 21, Kleinke discloses the battery assembly of claim 1, wherein the at least one first gas channel is completely outside the central channel of the base when the valve core is in the second position (see e.g., Kleinke; fig. 1, [0040], regarding the operation of the valve such that when the screen 15 forming the borders of the at least one first gas channel is in the second position, the position is completely outside the central channel of the based).
Regarding claim 22, Kleinke discloses the vent valve according to claim 1, wherein, when the valve core is in the first position, flow moves through the breathable membrane when balancing a pressure internal to a battery assembly with a pressure external to the battery assembly (see e.g., Kleinke; fig. 1, [0047], regarding a pressure compensation is carried out merely by the gas-permeable membrane).
Regarding claim 23, Kleinke discloses the battery assembly according to claim 15, wherein the vent valve is configured to direct flow vented from within the battery cell shell through the breathable membrane when the valve core is in the first position (see e.g., Kleinke; [0047], [0050], regarding pressure compensation is carried out by the gas-permeable membrane).
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.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kleinke (US-20180292020-A1).
Regarding claim 19, Kleinke discloses the battery assembly of claim 15. Kleinke discloses that the batteries with the pressure compensation device in the context of vehicles (see e.g., Kleinke; [0013]-[0017]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have included the battery assembly with pressure device as disclosed by Kleinke in a vehicle in order to protect against oil and dirt (see e.g., Kleinke; [0025]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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