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 Amendment
This Office Action is responsive to the Amendment filed February 27, 2026.
The following rejections are overcome:
Claim 10 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.
Claim(s) 1-6 & 10 under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of Rink et al. U.S. Pub. 2024/0047815.
Claim(s) 7-9 under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of Rink et al. U.S. Pub. 2024/0047815, and further in view of Clement et al., US Pub. 2018/0094737.
Claim(s) 11-16 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of Rink et al. U.S. Pub. 2024/0047815, and further in view of Clement et al., US Pub. 2018/0094737.
Claim(s) 17-19 under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of Rink et al. U.S. Pub. 2024/0047815, and further in view of Clement et al., US Pub. 2018/0094737, and further in view of McEvoy et al. US Pub. 2018/0023725.
Claims 1-18, 20, and newly added claim 21 are rejected as follows:
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.
Claim(s) 1-6 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of HERRMANN et al., DE-102020209759-A1.
With respect to claim 1, Kuhn teaches an assembly (10; Fig.1B), comprising an enclosure (enclosure formed by 70, 40 & 54; Fig. 2A below);
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and an accessory component (14; Fig.1B) received within an opening formed through a wall of the enclosure (valve 14 engages with the bottom of the enclosure at the diaphragm 54 that sealingly engages with valve 14; Col. 3, lines 45-48), wherein an indicator tab of the accessory component (indicator assembly 60 may include switch 52; ; Col. 3, lines 60-67; Fig. 2A below) is configured to flex between a first position and a second position for providing a visual indication that the accessory component is properly assembled relative to the sealed enclosure (switch 52 may send a signal to the indicator assembly 60 such that the LED 68 is illuminated to visually indicate that the valve has been actuated; Col. 4, lines 24-30; Fig. 2A below: Examiners Note: a switch has a first and second position, on and off).
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With respect to claim 3, the accessory component is a pressure relief valve (pressure relief valve 14; Fig.1B). With respect to claim 6, the indicator tab is configured to flex between the first position and the second position as the accessory component is moved into further engagement with the wall (indicator assembly 60 may include switch 52; ; Col. 3, lines 60-67; Fig. 2A below; switch 52 may send a signal to the indicator assembly 60 such that the LED 68 is illuminated to visually indicate that the valve has been actuated; Col. 4, lines 24-30; Fig. 2A below: Examiners Note: a switch has a first and second position, on and off; valve 14 engages with the bottom wall of the enclosure at the diaphragm 54 that sealingly engages with valve 14; Col. 3, lines 45-48). With respect to claim 10, the accessory component includes a mounting flange having a ring-like protrusion (Fig. 2A above), and further comprising a seal received over the ring-like protrusion (the diaphragm 54 that sealingly engages with valve 14; Col. 3, lines 45-48; the diaphragm seal is over a portion is the ring-like protrusion of the mounting flange; Fig. 2A above), and configured to seal against a portion of the wall when the accessory component is fully received within the opening (valve 14 engages with the bottom wall of the enclosure at the diaphragm 54 that sealingly engages with valve 14; Col. 3, lines 45-48).
Kuhn does not teach or suggest: that the enclosure is sealed (claim 1); the assembly is a traction battery pack (claim 2); in the second position, a portion of the indicator tab protrudes outwardly from a front surface of a mounting flange of the accessory component (claim 4); the first position, the portion does not protrude outwardly from the front surface (claim 5).
HERRMANN teaches that it is well known in the art to employ: a sealed enclosure ( battery cell elements (20) are each bordered on the peripheral side by a frame (30), the frames (30) being joined to form a hermetically sealed housing (14) of the cell stack (16);See the Abstract; claim 1); the assembly is a traction battery pack (The vehicle battery is designed here in particular as a traction battery pack; Description, paragraph 35; claim 2). The pressure compensation element 32 is designed as a valve device includes a housing and in the event of an overpressure, the strips 34 are pressed apart to accommodate the gas pressure that has arisen to let escape. See Description, paragraph 46 and Fig. 14.
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Kuhn and HERRMANN are analogous art from the same field of endeavor, namely fabricating pressure relief valves.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the sealed enclosure traction battery pack of HERRMANN, with the pressure relief valve of Kuhn, to manage excessive pressure in the assembly.
With respect to in the second position, a portion of the indicator tab protrudes outwardly from a front surface of the mounting flange of the accessory component (claim 4); it would have been obvious in the assembly of Kuhn in view of HERRMANN, as rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
With respect to the first position, the portion does not protrude outwardly from the front surface (claim 5); it would have been obvious in the assembly of Kuhn in view of HERRMANN, as rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
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.
Claim(s) 7-9 & 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of HERRMANN et al., DE-102020209759-A1, and further in view of Clement et al., US Pub. 2018/0094737.
Kuhn in view of HERRMANN teaches an assembly (10; Fig.1B), comprising an enclosure (enclosure formed by 70, 40 & 54; Fig. 2A), as described in the rejection recite herein above, including: an indicator tab of the accessory component (indicator assembly 60 may include switch 52; ; Col. 3, lines 60-67; Fig. 2A below) is configured to flex between a first position and a second position for providing a visual indication that the accessory component is properly assembled relative to the sealed enclosure (switch 52 may send a signal to the indicator assembly 60 such that the LED 68 is illuminated to visually indicate that the valve has been actuated; Col. 4, lines 24-30; Fig. 2A below: Examiners Note: a switch has a first and second position, on and off).
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With respect to claim 21, a mounting flange having a front surface and a rear surface (Fig. 2A); an annular protrusion extending from the rear surface; a seal received on the annular protrusion (the diaphragm 54 that sealingly engages with valve 14; Col. 3, lines 45-48; the diaphragm seal is over a portion is the ring-like protrusion of the mounting flange; Fig. 2A).
However, Kuhn does not teach or suggest: a cam tab of the accessory component is configured to engage a mating flange of the wall to mount the accessory component to the sealed enclosure (claims 7 & 21); the cam tab includes an outer plateau, an inner plateau, and an angled surface that connects between the outer plateau and the inner plateau (claim 8): a first thickness of the cam tab at the inner plateau is greater than a second thickness of the cam tab at the outer plateau (claim 9); a plurality of cam tabs extending from the rear surface (claim 21); a plurality of indicator tabs, each indicator tab being cantilevered from the mounting flange and positioned radially outward of a corresponding one of the plurality of cam tabs (claim 21); each indicator tab is configured to flex between a first position and a second position in response to compressive force generated by engagement of its corresponding cam tab with the corresponding mating flange, the second position causing a portion of the indicator tab to protrude outwardly from the front surface of the mounting flange to provide a visual indication that the accessory component is properly assembled relative to the sealed enclosure (claim 21).
Clement teaches that it is well known in the art to employ: a cam tab of the accessory component is configured to engage a mating flange of the wall to mount the accessory component to the sealed enclosure (cam tab 1308 is capable of mating flange of the wall; Fig. 14 below; claims 7 & 21): the cam tab includes an outer plateau, an inner plateau, and an angled surface that connects between the outer plateau and the inner plateau ( the cam tab is rectangular, and thus has angled corners that connect the plateaus; Fig. 14, below; claim 8).
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Kuhn, HERRMANN and Clement are analogous art from the same field of endeavor, namely fabricating pressure relief valves.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a cam tab of the accessory component of Clement, in the assembly of Kuhn in view of HERRMANN, in order to securely attach to other components.
With respect to a first thickness of the cam tab at the inner plateau is greater than a second thickness of the cam tab at the outer plateau (claim 9); it would have been obvious in the assembly of Kuhn in view of HERRMANN and Clement, since such a modification would have involved a mere change in size of the cam tab component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
With respect to a plurality of cam tabs extending from the rear surface (claim 21); it would have been obvious in the assembly of Kuhn in view of HERRMANN and Clement, as duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
With respect to a plurality of indicator tabs, each indicator tab being cantilevered from the mounting flange and positioned radially outward of a corresponding one of the plurality of cam tabs (claim 21); it would have been obvious in the assembly of Kuhn in view of HERRMANN and Clement, as duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Furthermore, rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
With respect to each indicator tab is configured to flex between a first position and a second position in response to compressive force generated by engagement of its corresponding cam tab with the corresponding mating flange, the second position causing a portion of the indicator tab to protrude outwardly from the front surface of the mounting flange to provide a visual indication that the accessory component is properly assembled relative to the sealed enclosure (claim 21); it would have been obvious in the assembly of Kuhn in view of HERRMANN and Clement, as rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
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.
Claim(s) 11-16 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of HERRMANN et al., DE-102020209759-A1, and further in view of Clement et al., US Pub. 2018/0094737.
With respect to claim 11, Kuhn teaches an assembly (10; Fig.1B), comprising an sealed enclosure (enclosure formed by 70, 40 & 54; Fig. 2A below); an accessory component received within an opening formed through a wall of the sealed enclosure (valve 14 engages with the bottom of the enclosure at the diaphragm 54 that sealingly engages with valve 14; Col. 3, lines 45-48); and an indicator tab of the accessory component is configured to move from a first position to a second position as the cam tab is moved into further engagement relative to the mating flange (indicator assembly 60 may include switch 52; ; Col. 3, lines 60-67; Fig. 2A below; Examiner’s note: switch may turn on and off based on several inputs, and thus capable of performing this function) , wherein the second position provides a visual indication that the accessory component is properly assembled relative to the sealed enclosure (switch 52 may send a signal to the indicator assembly 60 such that the LED 68 is illuminated to visually indicate that the valve has been actuated; Col. 4, lines 24-30; Fig. 2A below: Examiners Note: a switch has a first and second position, on and off).
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With respect to claim 12, the accessory component is a pressure relief valve (pressure relief valve 14; Fig.1B).
Kuhn does not teach or suggest: a cam tab of the accessory component is configured to engage a mating flange of the wall for mounting the accessory component to the sealed enclosure (claim 11); sealed enclosure (claim 11); the assembly is a traction battery pack (claim 12); the indicator tab protrudes outwardly from a front surface of a mounting flange of the accessory component to provide the visual indication (claim 13); the front surface faces in a direction away from an interior of the sealed enclosure (claim 14); the cam tab includes an outer plateau, an inner plateau, and an angled surface that connects between the outer plateau and the inner plateau (claim 15); a first thickness of the cam tab at the inner plateau is greater than a second thickness of the cam tab at the outer plateau (claim 16); the indicator tab is connected at one end to a mounting flange of the accessory component to establish a fulcrum about which the indicator tab can flex between the first position and the second position (claim 20).
HERRMANN teaches that it is well known in the art to employ: a sealed enclosure ( battery cell elements (20) are each bordered on the peripheral side by a frame (30), the frames (30) being joined to form a hermetically sealed housing (14) of the cell stack (16);See the Abstract; claim 1); the assembly is a traction battery pack (The vehicle battery is designed here in particular as a traction battery pack; Description, paragraph 35; claim 2). The pressure compensation element 32 is designed as a valve device includes a housing and in the event of an overpressure, the strips 34 are pressed apart to accommodate the gas pressure that has arisen to let escape. See Description, paragraph 46 and Fig. 14.
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Clement teaches that it is well known in the art to employ: a cam tab of the accessory component is configured to engage a mating flange of the wall for mounting the accessory component to the sealed enclosure (cam tab 1308 is capable of mating flange of the wall; Fig. 14 below; claim 11); the cam tab includes an outer plateau, an inner plateau, and an angled surface that connects between the outer plateau and the inner plateau (the cam tab is rectangular, and thus has angled corners that connect the plateaus; Fig. 14, below; claim 15).
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Kuhn, HERRMANN and Clement are analogous art from the same field of endeavor, namely fabricating pressure relief valves.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the sealed enclosure traction battery pack of HERRMANN, with the pressure relief valve of Kuhn, to manage excessive pressure in the assembly.
With respect to a cam tab of the accessory component is configured to engage a mating flange of the wall for mounting the accessory component to the sealed enclosure; it would have been obvious to employ the cam tab of the accessory component of Clement, in the assembly of Kuhn in view of HERRMANN, in order to securely attach to other components.
With respect to the indicator tab protrudes outwardly from a front surface of a mounting flange of the accessory component to provide the visual indication (claim 13);it would have been obvious in the assembly of Kuhn, in view of HERRMANN and Clement, would have been obvious to provide more accessibility to the visual indicator. The skilled artisan recognizes improved accessibility for repairs. Clement teaches the mounting flange at 1306; Fig. 14 above. Furthermore, rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
With respect to the front surface faces in a direction away from an interior of the sealed enclosure (claim 14); it would have been obvious in the assembly of Kuhn, in view of HERRMANN and Clement, as rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
With respect to a first thickness of the cam tab at the inner plateau is greater than a second thickness of the cam tab at the outer plateau (claim 16); it would have been obvious in the assembly of Kuhn in view of HERRMANN and Clement, since such a modification would have involved a mere change in size of the cam tab component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
With respect to the indicator tab being connected at one end to a mounting flange of the accessory component to establish a fulcrum about which the indicator tab can flex between the first position and the second position (claim 20) ; it would have been obvious in the assembly of Kuhn in view of HERRMANN and Clement, since such a modification would have involved a mere change in size of the cam tab component. Clement teaches the mounting flange at 1306; Fig. 14 above. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
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.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuhn et al. U.S. Pat. 11,480, 265 in view of HERRMANN et al., DE-102020209759-A1, and further in view of Clement et al., US Pub. 2018/0094737, and further in view of McEvoy et al. US Pub. 2018/0023725.
Kuhn in view of HERRMANN and Clement teach an assembly as described in the rejection recited hereinabove. With respect to claim 17, the accessory component includes a ring-like protrusion that protrudes from a mounting flange (See Clement, Fig. 14, below).
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Kahn does not expressly disclose: a seal received over the ring-like protrusion and configured to seal against a portion of the wall when the cam tab is moved into full engagement relative to the mating flange (claim 18).
McEvoy teaches that it is well known in the art to employ: a seal configured to seal against a portion of the wall when the cam tab is moved into full engagement relative to the mating flange (lip-shaped seal with an O-ring may be used in indicator housing; ring seals are capable of sealing in multiple locations [0052]; claim 18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the ring seal of McEvoy, to be received over the ring-like protrusion of the mounting flange of Kuhn in view of HERRMANN and Clement, to provide a protective sealing between the mounting flange and adjacent abutment.
Response to Arguments
Applicant asserts that Rink et al. U.S. Pub. 2024/0047815 is disqualified as prior art, because the reference is co-owned with the subject application and only qualifies as prior art under 102(a)(2). The subject matter of Rink at the time of filing was owned by the same assignment of the instant application, and cannot be prior art under 102(a)(2). Therefore, the reference is not available for use as qualifying prior art within this rejection. The assertion is correct, and this secondary reference is overcome. Applicant did not set forth any arguments addressing the primary reference Kuhn et al. U.S. Pat. 11,480, 265. Therefore, the reference is reapplied with an replacement for Rink.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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