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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 24 October 2025 has been entered.
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 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2004-314311 A with a machine translation (submitted on 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 (submitted on 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 (moisture-absorbing layer) 1, and along a thickness direction of the moisture absorbing and discharging nonwoven fabric structure (moisture-absorbing layer) 1, the moisture absorbing and discharging nonwoven fabric structure (moisture-absorbing layer) 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). 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 (moisture-absorbing layer) 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 (moisture-absorbing layer) 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 (moisture-absorbing layer) 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 layer) 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 layer) 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 layer) 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 (moisture-absorbing layer) 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, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04. Also 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.
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 (submitted on 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 (submitted on 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
The examiner has relied on a different interpretation of the prior art references, specifically Araki and Kainuma, to arrive at the claimed moisture-absorbing device. Therefore, any arguments not explicitly addressed should be considered as corresponding to an interpretation of the prior art which is no longer commensurate in scope with the updated rejection of record.
Applicant's arguments filed 24 October 2025 have been fully considered but they are not persuasive.
The applicant argued the modification of Araki by Kainuma, as proposed in the rejection of record, would impermissibly change the principle of operation of the device. The applicant then described the required operation of Araki includes at least one of the surface sheets has moisture permeability and air permeability, permitting excellent moisture absorbing and discharging properties. The examiner respectfully disagrees and contends that the proposed modification does not prevent the moisture permeability and air permeability, or breathability of the humidity control agent (moisture-absorbing device) 7 because there exists a physical path for moisture transport. See “Annotated Figures 1(b) and 3(b).” Moreover, Araki recognizes 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.
The applicant argued the limitation requiring S1=S2=S3>S4 (now S1>S2>S3=S4 in claim 1 and S1=S2>S3=S4 in claim 20) from old claim 9 was rejected based solely on the drawings from Araki, which is not appropriate because Araki does not teach the drawings are drawn to scale. The applicant also cited MPEP §2125 for support. The examiner agrees that the drawings from the prior art cannot be relied upon to show precise proportions when the prior art fails to teach that the drawings are drawn to scale. However, the examiner does not rely on precise proportions or particular sizes to meet the claims. The examiner is of the position that Araki provides sufficient detail in the Figures that the packaging materials (upper film and substrate) 8, 9 are larger than the encompassed packaging material (substrate) 9 and packaging material (upper film) 8, which corresponds to S1 and S2 are larger than S3 and S4. Moreover, due to the fact that Araki illustrates: the edges of the packaging material (substrate) 9 and the edges of the packaging material (upper film) 8 are respectfully coplanar; and the edges of the surface sheet (airtight and waterproof layer) 4 and the edges of the moisture absorbing and discharging layer (moisture-absorbing layer) 2 are respectfully coplanar, S1=S2 and S3=S4. When combining these observations, S1=S2>S3=S4 which meets the scopes from at least claims 1 and 20. MPEP §2125 states “[t]he drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979),” which is applicable in the instant case.
The applicant argued Araki merely shows a cross-sectional view, and it is not possible to determine areas of the layers based only on the two-dimensional views. The examiner respectfully submits this portion of the claim no longer relies on only the figures. On the contrary, the examiner relies on the description to show how the S1 to S4 areas from Araki are met, which is provided in the updated rejection of record.
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 over the updated rejections of record.
Conclusion
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/BRIAN HANDVILLE/Primary Examiner, Art Unit 1783
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