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 .
Summary
This is a non-final office action for application 18/215,879 filed on 06/29/2023. Claims 1-6 are pending.
Priority
Acknowledgment is made of applicant’s provisional Application No. 63/357,259 filed on 06/30/2022.
Claim Objections
Claims 2, 4 and 6 are objected to because of the following informalities:
Claim 2 line 2 recites “condense” but should recite “condenses” for the sake of proper grammar.
Claim 4 line 2 recites both “direct” and “condense” but should recite “directs” and “condenses” for the sake of proper grammar.
Claim 6 line 13 recites “condense” but should recite “condenses” for the sake of proper grammar.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Leeson et al. (US-4072799-A) and further in view of Burns et al. (US-5206097-A).
Regarding Claim 1, Leeson discloses a containment apparatus for collecting liquid and vaporized electrolyte from a battery relief vent (see e.g. "vent plug assembly" in Column 3 lines 33-34 and FIG. 7) comprising:
a body (see e.g. "base" in Column 3 line 35 and part number 12 in FIG. 7) comprising a reservoir (see e.g. " the liquid phase in the stream to settle out and flow down bottom portion 15 " in Column 7 lines 45-46 and annotated figure below), a relief vent aperture (see e.g. "an explosion chamber is formed in annular space 36" in Column 4 lines 37-38 and part number 36 in FIG. 2 and annotated figure below), an internal baffle (see e.g. " baffle 50" in Column 7 line 12 and part number 50 in FIG. 2 and annotated figure below), and an upper vent aperture (see e.g. " annular opening 38 through which the gases are ultimately vented to the atmosphere." in Column 4 lines 48-50 and part number 38 in FIG. 2 and annotated figure below); and a push-on connection that attaches said relief vent aperture to said battery relief vent (see e.g. "threads 14" in Column 3 line 36 and part number 14 in FIG. 7 and part number "While the above discussion has been directed toward vent systems for batteries wherein the plug assembly is threaded into its respective vent well, it can be appreciated that the concepts taught and inventions claimed also apply to a vent system wherein the vent plug has no threads and can be press fitted into the well." in Column 8 lines 32-37).
Leeson expressly teaches that, although threads 14 are shown, the vent plug may alternatively “have no threads and can be press fitted into the well” (Column 8 lines 32–37). Thus it would be obvious to a person of ordinary skill in the art that a press-fit attachment is a push-on connection under the broadest reasonable interpretation of the claim, as it attaches by axial insertion without requiring separate fastening structure.
Leeson does not disclose that the containment apparatus comprises a viewing window on an external side of said body.
Burns, however, in the same field of endeavor, battery packages that contain electrolyte as well as vents to release it, discloses a vent for a battery housing (see e.g. "a vent to release excess pressure from the interior of the housing" in Column 3 lines 23-24) that comprises a viewing window (see e.g. "the battery housing 110 contains a communication port 108 in one of the exterior surfaces 120. The communications port or multi-functional window serves as a port to provide information about the battery type, the battery capacity, the state of charge of the battery, the number of charge/discharge cycles, the temperature of the battery, the size of the battery and other parameters. Communications ports 108 also serves as a vent to release excess pressure from the interior of the housing 110." in Column 3 lines 15-24).
Burns further teaches that incorporating a transparent window into a battery housing allows internal conditions to be monitored without requiring additional openings or structural complexity (see e.g. Column 3 line 68-Column 4 line 2 and Column 1 line 52-Column 2 line 12). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the containment apparatus of Leeson et al. such that it includes a viewing window as taught by Burns et al. in order to permit external observation of internal battery conditions while maintaining a sealed housing as suggested by Burns. The proposed modification merely applies a known technique (providing a transparent monitoring window in a battery housing) to a known battery vent containment structure to yield the predictable result of enabling visual inspection of internal conditions.
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(Leeson, figure 2, annotated for illustration)
Regarding Claim 2, Leeson in view of Burns discloses the containment apparatus of claim 1 (see e.g. claim 1 rejection above).
Leeson further discloses that said liquid and vaporized electrolyte released from said battery relief vent deflects and condense on said internal baffle and window in order to capture said electrolyte within said reservoir (see e.g. "the process of seeking an exit from the vent plug enclosure, the contact of the fluid stream with the baffles and the internal surfaces of the enclosure produces a scrubbing effect which causes most of the liquid phase in the stream to settle out and flow down bottom portion 15 until it reaches drain opening 16 and returns to the cell below. The gaseous phase continues to flow to the atmosphere" in Column 7 lines 41-49).
Regarding Claim 4, Leeson in view of Burns discloses the containment apparatus of claim 1 (see e.g. claim 1 rejection above).
Lesson further discloses that said baffle comprises a V-shaped extension positioned above said push-on connection (see e.g. annotated figure below) and a channel that direct said vaporized electrolyte to said upper vent aperture (see e.g. annotated figure below).
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(Leeson, figure 2, annotated for illustration)
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Leeson et al. (US-4072799-A) in view of Burns et al. (US-5206097-A) as applied to claim 1 above, and further in view of Adams et al. (US-5422199-A).
Regarding Claim 3, Leeson in view of Burns discloses the containment apparatus of claim 1 (see e.g. claim 1 rejection above).
Leeson in view of Burns does not disclose that the push-on connection further comprises a rubber O-ring and a fixed stop.
Adams, however, in the same field of endeavor, battery venting systems, discloses a containment apparatus with a push-on connection comprising a rubber O-ring (see e.g. "o-ring seal 40" in Column 5 line 48 and part number 40 in FIG. 3) and a fixed stop (see e.g. "edge abutment 38" in Column 5 line 46 and part number 38 in FIG. 2).
Adams further teaches that these serve to seal the containment apparatus to the battery relief vent and reduce undesired fluid leakage around the edge of the apparatus (see e.g. Column 4 lines 61-66). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the containment apparatus of Lesson et al. in view of Burns et al. such that the push-on connections includes a rubber o-ring and a fixed stop as taught by Adams et al. in order to better seal the containment apparatus to the battery and reduce undesired fluid leakage around the edges as suggested by Adams.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Leeson et al. (US-4072799-A) in view of Burns et al. (US-5206097-A) as applied to claim 1 above, and further in view of Searles (US-20200220133-A1).
Regarding Claim 5, Leeson in view of Burns discloses the containment apparatus of claim 1 (see e.g. claim 1 rejection above).
Leeson in view of Burns does not disclose that the viewing window comprises an installation direction indicator.
Searles, however, in the same field of endeavor, battery apparatuses, discloses a installation direction indicator on a battery housing (see e.g. "the top cap includes the label portion 324 which may be used to ensure the correct orientation of the battery, but in other examples the orientation indicator could be another feature such as a marking, sticker, ridge or other visually noticeable feature provided on one side of the battery pack." in paragraph [0093]).
Searles further teaches that this ensures there is a reference to determine which way round the battery pack should be inserted (see e.g. paragraph [0055]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the view window of Leeson et al. in view of Burns et al. such that it comprises an installation direction indicator as taught by Searles in order to determine which way round the containment apparatus goes as suggested by Searles. Providing such an indicator is a routine and predictable design choice to allow a user to determine the correct orientation of the containment apparatus during installation.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Leeson et al. (US-4072799-A) in view of Burns et al. (US-5206097-A) in view of Adams et al. (US-5422199-A) and further in view of Searles (US-20200220133-A1).
Regarding Claim 6, Leeson discloses a containment apparatus for collecting liquid and vaporized electrolyte from a battery relief vent (see e.g. “vent plug assembly” in Column 3 lines 33-34 and FIG. 7) comprising:
a body (see e.g. “base” in Column 3 line 35 and part number 12 in FIG. 7) comprising a reservoir (see e.g. “ the liquid phase in the stream to settle out and flow down bottom portion 15 “ in Column 7 lines 45-46 and annotated figure below), a relief vent aperture (see e.g. “an explosion chamber is formed in annular space 36” in Column 4 lines 37-38 and part number 36 in FIG. 2 and annotated figure below), an internal baffle (see e.g. “ baffle 50” in Column 7 line 12 and part number 50 in FIG. 2 and annotated figure below), and an upper vent aperture (see e.g. “ annular opening 38 through which the gases are ultimately vented to the atmosphere.” in Column 4 lines 48-50 and part number 38 in FIG. 2 and annotated figure below); and a push-on connection that attaches said relief vent aperture to said battery relief vent (see e.g. “threads 14” in Column 3 line 36 and part number 14 in FIG. 7 and part number “While the above discussion has been directed toward vent systems for batteries wherein the plug assembly is threaded into its respective vent well, it can be appreciated that the concepts taught and inventions claimed also apply to a vent system wherein the vent plug has no threads and can be press fitted into the well.” in Column 8 lines 32-37).
Leeson expressly teaches that, although threads 14 are shown, the vent plug may alternatively “have no threads and can be press fitted into the well” (Column 8 lines 32–37). Thus it would be obvious to a person of ordinary skill in the art that a press-fit attachment is a push-on connection under the broadest reasonable interpretation of the claim, as it attaches by axial insertion without requiring separate fastening structure.
Leeson further discloses that said baffle comprises a V-shaped extension positioned above said push-on connection (see e.g. annotated figure below) and a channel that directs said vaporized electrolyte to said upper vent aperture (see e.g. annotated figure below) wherein said liquid and vaporized electrolyte released from said battery relief vent deflects and condense on said internal baffle and window in order to capture said electrolyte within said reservoir (see e.g. “the process of seeking an exit from the vent plug enclosure, the contact of the fluid stream with the baffles and the internal surfaces of the enclosure produces a scrubbing effect which causes most of the liquid phase in the stream to settle out and flow down bottom portion 15 until it reaches drain opening 16 and returns to the cell below. The gaseous phase continues to flow to the atmosphere” in Column 7 lines 41-49).
Leeson does not disclose that the containment apparatus comprises a viewing window on an external side of said body. Burns, however, in the same field of endeavor, battery packages that contain electrolyte as well as vents to release it, discloses a vent for a battery housing (see e.g. “a vent to release excess pressure from the interior of the housing” in Column 3 lines 23-24) that comprises a viewing window (see e.g. “the battery housing 110 contains a communication port 108 in one of the exterior surfaces 120. The communications port or multi-functional window serves as a port to provide information about the battery type, the battery capacity, the state of charge of the battery, the number of charge/discharge cycles, the temperature of the battery, the size of the battery and other parameters. Communications ports 108 also serves as a vent to release excess pressure from the interior of the housing 110.” in Column 3 lines 15-24).
Burns further teaches that incorporating a transparent window into a battery housing allows internal conditions to be monitored without requiring additional openings or structural complexity (see e.g. Column 3 line 68-Column 4 line 2 and Column 1 line 52-Column 2 line 12). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the containment apparatus of Leeson et al. such that it includes a viewing window as taught by Burns et al. in order to permit external observation of internal battery conditions while maintaining a sealed housing as suggested by Burns.
Leeson in view of Burns does not disclose that the push-on connection further comprises a rubber O-ring and a fixed stop for attaching said relief vent aperture to said battery relief vent. Adams, however, in the same field of endeavor, battery venting systems, discloses a containment apparatus with a push-on connection comprising a rubber O-ring (see e.g. “o-ring seal 40” in Column 5 line 48 and part number 40 in FIG. 3) and a fixed stop (see e.g. “edge abutment 38” in Column 5 line 46 and part number 38 in FIG. 2).
Adams further teaches that these serve to seal the containment apparatus to the battery relief vent and reduce undesired fluid leakage around the edge of the apparatus (see e.g. Column 4 lines 61-66). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the containment apparatus of Leeson et al. in view of Burns et al. such that the push-on connection includes a rubber O-ring and a fixed stop as taught by Adams et al. in order to better seal the containment apparatus to the battery and reduce undesired fluid leakage around the edges as suggested by Adams.
Leeson in view of Burns and further in view of Adams does not disclose that the viewing window comprises an installation direction indicator. Searles, however, in the same field of endeavor, battery apparatuses, discloses an installation direction indicator on a battery housing (see e.g. “the top cap includes the label portion 324 which may be used to ensure the correct orientation of the battery, but in other examples the orientation indicator could be another feature such as a marking, sticker, ridge or other visually noticeable feature provided on one side of the battery pack.” in paragraph [0093]).
Searles further teaches that this ensures there is a reference to determine which way round the battery pack should be inserted (see e.g. paragraph [0055]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the viewing window of Leeson et al. in view of Burns et al. and further in view of Adams et al. such that it comprises an installation direction indicator as taught by Searles in order to determine the correct orientation of the containment apparatus as suggested by Searles. Providing such an indicator is a routine and predictable design choice to allow a user to determine the correct orientation of the containment apparatus during installation.
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(Leeson, figure 2, annotated for illustration)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure:
Riggs et al. (US-2240461-A)
Olsson (US-3664879-A)
Chen (CN 106972133 A)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSE EFYMOW whose telephone number is (571)270-0795. The examiner can normally be reached Monday - Thursday 10:30 am - 8:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TONG GUO can be reached at (571) 272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J.E./Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723