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 .
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.
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, 3-6, 8, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2004-314311 A with a machine translation (filed 15 May 2025) (hereinafter “Araki”) being used as the English language equivalent translation, and further in view of JP 2000-324971 A with a machine translation (filed 15 May 2025) (hereinafter “Kainuma”) being used as the English language equivalent translation..Regarding claims 1 and 20 Araki teaches a humidity control agent (moisture-absorbing device) 7 comprising a moisture absorbing and discharging nonwoven fabric structure 1, and along a thickness direction of the moisture absorbing and discharging nonwoven fabric structure 1, the moisture absorbing and discharging nonwoven fabric structure 1 includes a packaging material (upper film) 8, a moisture absorbing and discharging layer (moisture-absorbing core) 2, and a packaging material (substrate) 9 having no moisture permeability or breathability stacked together (Figures 1b and 3b, and page 14, under the “Explanation of Symbols” heading), where the packaging material (upper film) 8, the moisture absorbing and discharging layer (moisture-absorbing core) 2, and the packaging material (substrate) 9 corresponds to the claimed moisture absorbing layer, and along its thickness direction, the moisture absorbing layer 2, 8, 9 includes the upper film 8, the moisture absorbing core 2 and the substrate 9 being stacked together. Araki teaches the packaging material (upper film) 8 is connected to the packaging material (substrate) 9 to enclose the moisture absorbing and discharging layer (moisture-absorbing core) 2 therebetween (Figures 1b and 3b). Araki teaches the moisture absorbing and discharging nonwoven fabric structure 1 further includes a surface sheet (airtight and waterproof layer) 4 comprising a film having no moisture permeability or air permeability (page 7, first full paragraph). Araki teaches the moisture absorbing and discharging nonwoven fabric structure 1 is cut into an appropriate size and shape (page 9), corresponding to the constituent components, including the moisture absorbing and discharging layer (moisture-absorbing core) 2 and the surface sheet (airtight and waterproof layer) 4, having the same area. Araki also teaches the cut moisture absorbing and discharging nonwoven fabric structure 1 is then housed in the packaging material 8 and 9, where the edges of each of these layers 8, 9 are coplanar (Figure 3b and page 9), corresponding to layers 8, 9 having the same area. Araki teaches the packaging material (substrate) 9 has an area of S1, the packaging material (upper film) 8 has an area of S2, the surface sheet (airtight and waterproof layer) 4 has an area of S3, and the moisture absorbing and discharging layer (moisture-absorbing core) 2 has an area of S4, where: (i) the edges of the packaging material (substrate) 9 and the edges of the packaging material (upper film) 8 are respectfully coplanar; and (ii) the edges of the surface sheet (airtight and waterproof layer) 4 and the edges of the moisture absorbing and discharging layer (moisture-absorbing core) 2 are respectfully coplanar, where the length of the packaging material (substrate) 9 and the packaging material (upper film) 8 (correlating to the areas of S1 and S2, respectfully) is greater than the length of the surface sheet (airtight and waterproof layer) 4 and the moisture absorbing and discharging layer (moisture-absorbing core) 2 (correlating to the areas of S3 and S4, respectfully) (corresponding to S1=S2>S3=S4) (Figures 1b and 3b, and page 9), which corresponds to: (1) S1>S2>S3=S4; (2) at least one of S1 to S4 is different from the remaining ones of S1 to S4, provided S3=S4; and (3) S1=S2. In addition, Araki teaches when the surface sheet includes a sheet 3 having moisture permeability or breathability on both sides, the moisture absorption rate/release rate is fast, and when the surface sheet 3 having air permeability and the surface sheet 4 having moisture permeability or non-air permeability are used on the other side, the moisture absorption/release rate can be freely changed by appropriately changing the moisture permeability of the moisture permeability sheet or the air permeability of the breathable sheet (paragraph bridging pages 7-8). Araki does not explicitly teach the surface sheet (airtight and waterproof layer) 4 is located directly between the packaging material (upper film) 8 and the moisture absorbing and discharging layer (moisture-absorbing core) 2. It would have been obvious to one having ordinary skill in the art at the time of the invention to provide the moisture absorbing and discharging nonwoven fabric structure 1, including the surface sheets 3, 4 and moisture absorbing and discharging layer (moisture-absorbing core) 2, in an inverse orientation to customize the moisture absorption/release rate to a desired level. See “Annotated Figures 1(b) and 3(b),” shown below, for the structural result of the proposed modification, which corresponds to the surface sheet (airtight and waterproof layer) 4 is located directly between the packaging material (upper film) 8 and the moisture absorbing and discharging layer (moisture-absorbing core) 2.
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In addition, Araki teaches, as background information, that liquid leaking from the end of the film is undesirable (page 3, first full paragraph). Araki also teaches by using a material having functions such as waterproofness for the packaging material 8 or 9, a humidity control agent (moisture-absorbing device) 7 having these functions can be obtained (page 10, first full paragraph). Araki does not explicitly teach the packaging material (upper film) 8 is a waterproof and breathable film. Kainuma teaches a mat comprising a water-absorbing layer 2 arranged on the back surface side and a moisture-permeable waterproof layer (waterproof and breathable film) 3 arranged at the front surface side (abstract). Kainuma teaches the moisture-permeable waterproof layer (waterproof and breathable film) prevents water absorbed in the water-absorbing layer 2 from oozing out onto the surface of the mat (paragraph [0030]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the packaging material (upper film) 8 of Araki with the moisture-permeable waterproof layer (waterproof and breathable film) of Kainuma to prevent absorbed moisture in liquid form from oozing out of Araki’s humidity control agent (moisture-absorbing device) 7.Regarding claim 3 In addition, Araki teaches the packaging material (substrate) 9 has no moisture permeability or air breathability (airtight sealing layer) (page 7, first full paragraph).Regarding claim 4 In addition, Araki teaches the packaging material (substrate) 9 and the packaging material (upper film) 8 are joined (connected) at their peripheral edges by non-limiting methods, including thermocompression bonding, ultrasonic sealing, ultrasonic sealing cut, high frequency welder, sealing using a thermoplastic resin, and the like (page 9), which corresponds to a structure implied by the claimed hot-melt welding method. In the alternative, the use of product-by-process limitations has been noted in claim 4, for example, "the upper film and substrate are connected by hot-melt welding". "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process", In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) and United Therapeutics Corp. v Liquidia Techs., Inc., 74 F.4th 1360, 1373, 2023 USPQ2d 862 (Fed. Cir. 2023). Further, "although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious difference between the claimed product and the prior art product", In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir.1983). See MPEP § 2113. Regarding claim 5 In addition, Araki teaches the packaging material (upper film) 8 is a moisture permeable film, and moisture permeable films comprise a material such as a nonwoven fabric (compounded with non-woven cloth) (paragraph bridging pages 9-10).Regarding claim 6 In addition, Araki teaches the moisture absorbing and discharging layer (moisture-absorbing core) 2 may be made of a fiber material, a resin material, and a powder material (paragraph bridging pages 4-6 and first full paragraph on page 6).Regarding claim 8 The limitations from claim 1 have been set forth above. In addition, Araki teaches the sheet 4 (airtight and waterproof layer) may include a film having no moisture permeability or air permeability (page 7, first full paragraph). Araki does not explicitly teach the sheet 4 (airtight and waterproof layer) is a plastic sheet or closed-cell foam. Kainuma teaches a mat comprising waterproof sheets 11 and 14 having waterproofness that does not allow passage of not only water but also steam (airtight and waterproof layer), and is formed of a polyethylene sheet or the like (plastic sheet) (abstract and paragraph [0020]). Therefore, it would have been obvious to a person having ordinary skill in the art at the time of the invention to modify the sheet 4 of Araki with the polyethylene sheet of Kainuma to provide a material known in the art to impart the desired impermeable properties to the sheet 4 of Araki.Regarding claim 21 In addition, Araki teaches the material for the surface sheet 3 includes paper, a woven or knitted fabric, a cloth such as a nonwoven fabric (thermal insulation buffer layer including a first thermal insulation buffer layer), etc. (paragraph bridging pages 6-7). Araki illustrates the surface sheet (first thermal insulation buffer layer) 3 is connected to the packaging material (upper film) 8 via either: the packaging material (substrate) 9; or the moisture absorbing and discharging layer (moisture-absorbing core) 2 and the surface sheet (airtight and waterproof layer) 4 (See “Annotated Figures 1(b) and 3(b),” shown above). Araki also illustrates a gap between: the edges of the surface sheet (first thermal insulation buffer layer) 3; and the edges of: the packaging material (upper film) 8; the moisture absorbing and discharging layer (moisture-absorbing core) 2; and the packaging material (substrate) 9 (moisture-absorbing layer 2, 8, 9) (“Annotated Figures 1(b) and 3(b) - 1,” shown below), which corresponds to a gap continuously extending between the moisture-absorbing layer 2, 8, 9 and the first thermal insulation buffer layer 3 along a circumferential direction of the moisture-absorbing layer 2, 8, 9 to enable water vapor to enter the moisture-absorbing layer 2, 8, 9 through the gap.
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Claims 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Araki and Kainuma as applied to claim 1 above, and further in view of JP 2004-156297 A with a machine translation (filed 15 May 2025) (hereinafter “Takeuchi”) being used as the English language equivalent translation.Regarding claim 10 The limitations for claim 1 have been set forth above. In addition, Araki does not explicitly teach the humidity control agent (moisture-absorbing device) 7 further includes a thermal insulation buffer layer, and the thermal insulation buffer layer is connected to the packaging material (upper film) 8. Takeuchi teaches a humidity control agent accommodating portion (moisture-absorbing device includes a moisture-absorbing layer) 2, where the portion 2 along its thickness direction comprises a stack of a humidity control agent (moisture absorbing layer) 4, an cover auxiliary member (upper film) 11, and a main body member (substrate) 10 (second full paragraph on page 6, and Figures 1-5), where the cover auxiliary member (upper film) 11 is connected to the main body member (substrate) 10 to enclose the humidity control agent (moisture absorbing layer) 4 therebetween (Figure 2). Takeuchi teaches the humidity control agent accommodating portion (moisture-absorbing device) 2 further includes a cushion member (thermal insulation buffer) 15, and the cushion member (thermal insulation buffer) 15 is connected to the cover auxiliary member (upper film) 11 (Figure 4; page 7, second full paragraph; and paragraph bridging pages 4 and 5). Takeuchi teaches the cushion member (thermal insulation buffer) 15 is provided in an embodiment for a seat member for a piece of furniture exhibiting a humidity control feature therein (page 7, 3rd full paragraph). Araki and Takeuchi are analogous inventions in the field of moisture absorbing articles. It would have been obvious to one skilled in the art at the time of the invention to modify the humidity control agent (moisture-absorbing device) 7 of Araki with the cushion member (thermal insulation buffer) 15 of Takeuchi to enable the humidity control agent (moisture-absorbing device) 7 of Araki to be useful in furniture seat applications.Regarding claim 11 In addition, Takeuchi teaches the cushion member (thermal insulation buffer) 15 includes a first cushion member (first thermal insulation buffer), and a water vapor transmission hole (gap) 3 exists between the humidity control agent (moisture absorbing layer) 4 and the first cushion member (thermal insulation buffer) 15 along a circumferential direction of the humidity control agent (moisture absorbing layer) 4 to enable water vapor to enter the humidity control agent (moisture absorbing layer) 4 through the water vapor transmission hole (gap) 3 (third full paragraph on page 6, and Figures 1-4).Regarding claim 12 In addition, Takeuchi teaches an exterior breathable sheet member (second thermal insulation buffer) 14 provided with a groove between adjacent edges of the exterior sheet member (second thermal insulation buffer) 14 which are present within the area of the humidity control agent accommodating portion 2 where the humidity control agent (moisture absorbing layer) 4 is located (Figures 1-4 and third full paragraph on page 7), which correspond to a second insulation buffer layer provided with a groove, and at least part of the humidity control agent (moisture absorbing layer) 4 is located in the groove to enable water vapor to enter the humidity control agent (moisture absorbing layer) 4 through the cushion member (thermal insulation buffer) 15.Regarding claims 13-14 In addition, Takeuchi teaches the humidity control agent accommodating portion (moisture-absorbing device includes a moisture-absorbing layer) is a structural member used as a building member or furniture member (under “Disclosure of the Invention” heading starting on page 3). Takeuchi teaches the main body member (substrate) 10 is part of this structural member 1 and the structural member is made from structural aluminum (under “Detailed Description of the Invention” heading starting on page 6, through page 7), which corresponds to the main body member (substrate) being made of a rigid material. Takeuchi also teaches the cushion member (thermal insulation buffer) 15 is connected to the main body member (substrate made of a rigid material) 10 through fitting portions (connecting element) 10a, 11a (first full paragraph on page 7, and Figures 3-4).Regarding claim 15 In addition, Takeuchi teaches the cushion member (thermal insulation buffer) 15 is attached to the auxiliary member 11, the auxiliary member 11 is attached to the main body member 10, and the humidity control agent (moisture absorbing layer) 4 is filled within the hollow portion 2 defined by the auxiliary member 11 and the main body member 10 (Figures 1-5, second full paragraph on page 7, paragraph bridging pages 6-7, second full paragraph on page 6), which corresponds to the thermal buffer layer is bonded to the moisture absorbing layer.Regarding claim 16 In addition, Takeuchi teaches the cushion member (thermal insulation buffer) 15 is a urethane sponge (foam) (paragraph bridging pages 4-5).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Araki and Kainuma as applied to claim 1 above, and further in view of JP 2005-149837 A with a machine translation (filed 15 May 2025) (hereinafter “Shoji”) being used as the English language equivalent translation.Regarding claims 17 and 18 The limitations for claim 1 have been set forth above. In addition, Araki teaches the moisture absorbing and discharging nonwoven fabric structure 1 is a humidity control agent (moisture-absorbing device) 7 which provides a dehumidifying effect by absorbing and releasing moisture according to the surrounding humidity environment (abstract and paragraph bridging pages 4-5). Araki does not explicitly teach an electrical apparatus, wherein the electrical apparatus includes a battery, and the battery is used for providing electric energy for the electrical apparatus, and the battery includes the humidity control agent (moisture-absorbing device) 7 according to claim 1. Shoji teaches a battery pack comprising humidity conditioning sheets, which absorbs moisture when ambient humidity is high and releases moisture when the ambient humidity is low (abstract). Shoji teaches the battery pack may be mounted in a vehicle which is driven by electrical energy (paragraphs [0001] – [0002]), which corresponds to the claimed battery and electrical apparatus. Araki and Shoji are analogous inventions in the field of dehumidifying sheets capable of absorbing and/or releasing moisture according to the surrounding environment. It would have been obvious to one skilled in the art at the time of the invention to modify the moisture absorbing and discharging nonwoven fabric structure of Araki into the battery pack application of Shoji to make the moisture absorbing and discharging nonwoven fabric structure of Araki useful in battery pack applications.
Response to Arguments
Applicant's arguments filed 6 August 2026 have been fully considered but they are not persuasive.
The applicant argued one skilled in the art would not have been led to make the modification proposed in the rejection of record (obvious to rearrange the order of layers) because Araki teaches adjusting moisture absorption/release rates by changing the moisture permeability of the moisture permeable sheet or the air permeability of the breathable sheet relate to the materials of the specific sheets, and Araki fails to provide any teachings regarding the order of the sheets within the device itself. The outstanding Office action has failed to explain why it is believed that one of ordinary skill in the art would have been led to arrange the order of layers to customize the moisture absorption/release rate. This argument is not persuasive. The examiner respectfully submits that changing the order to the layers corresponds to changing the materials of the layers when considering the stacked configuration of said layers. In other words, when considering a stack of layers A/B/C from the prior art, where A is a permeable film and C is an impermeable film, the inverse stack of C/B/A would be considered changing the material of the initial layer A with the material disclosed for layer C, and the same for changing the material of the initial layer C with the materials disclosed for layer A. Moreover, the examiner respectfully submits it would have been readily apparent to one skilled in the art for why such an arrangement would have been advantageous. Specifically, as can be seen in “Annotated Figures 1(b) and 3(b)”, positioning the impermeable layers 4, 9 would decrease the absorption rate when compared to the other embodiments from Araki because such a positioning would reduce the space through which moisture may travel to be absorbed/released.
The applicant argued a mere rearrangement of parts may be obvious only if the rearrangement would not have modified the operation of the device. The examiner respectfully submits the modification proposed in the rejection of record no longer relies on a mere rearrangement of parts rationale; but rather, relies on a modification of the layers within the stack to tailor the moisture absorption/release rate, based on the layered configuration of said stack. In other words, there exists motivation for why one skilled in the art would modify Araki to arrive at the claims.
The applicant argued the substrate 9 and the upper film 8 from Araki are not coplanar because the outer edge of element 9 extends well outward of the outer edge of element 8 and thus cannot be considered to be coplanar. The applicant highlights the solid shading of substrate 9 as evidence of this position. The examiner respectfully disagrees. Upon review of the other embodiments illustrated by Araki, it is clear that the joining area 6 is provided with the same solid shading highlighted by the applicant, even in the embodiments were the same dotted shading of film 8 is used on either side of the stack. Please see Figures 2(a) through 3(d), with emphasis directed to Figures 2(a), 3(a), 3(c), and 3(d). It is noted that Araki teaches a method of forming the joined portion 6 preferably includes an ultrasonic seal cut method, which requires the stacking of the packaging materials 8 or 9, which are cut and joined at their outer peripheral edges. See page 9 from Araki. This provides sufficient evidence that the edge of the packaging materials 8, 9 are coplanar in an area of the joined part 6, contrary to the position taken by the applicant.
The remaining arguments are directed to dependent claims being patentable for at least the same reasons above. The examiner respectfully submits the arguments present by the applicant have been addressed and the dependent claims are also considered to be unpatentable for at least the same reasons.
It is respectfully noted the arguments provided by the applicant with regards to claim 21 are not commensurate in scope with the rejection of record because the examiner does not rely on Takeuchi to reject claim 21.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRIAN HANDVILLE whose telephone number is (571)272-5074. The examiner can normally be reached Monday through Thursday, from 9 am to 4 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783
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