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 .
Election/Restrictions
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/30/2026.
Applicant’s election without traverse of Invention I, drawn to claims 1-13, a case/a battery/a power consuming apparatus in the reply filed on 03/30/2026 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a pressure balancing mechanism(s) in claims 1-3 and 10. Applicant’s specification indicates that the pressure balancing mechanism includes “As shown in Fig. 9, the pressure balancing mechanism 113 may comprise a valve plate 1131, a valve cover 1132, a valve body 1133, and an air flow channel 1134.” (See [0098]-[00100]).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites "the pressure balancing mechanism" however there are two pressure balancing mechanisms recited in claim 1 so it is unclear which pressure balancing mechanism is being referred to. In addition, claim 10 recites “the pressure
balancing mechanism is a pressure relief mechanism that is used, when not connected to the ventilation assembly, to actuate to release the internal pressure of the case when the internal pressure reaches a threshold” it is unclear when this condition occurs since in Applicant’s specification the pressure balancing mechanism is always connected to the ventilation assembly. Furthermore it is unclear if the condition is met by if the condition “when not connected to the ventilation assembly” never occurs. Further clarification and appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Yan (US 20130111939 A1).
Regarding claim 1, Yan discloses a case of a battery (see Fig. 1 10 [0024]), characterized in that the case is provided with at least two pressure balancing mechanisms ( see Fig. 1 15 and 12 and/or 13), the pressure balancing mechanisms being used to balance the pressure inside and outside the case ( [0021]-negative pressure is compensated for [0024] positive pressure is compensated for), and the at least two pressure balancing mechanisms being connected to a ventilation assembly (see Fig. 1 piping and other mechanisms connected at 60 at either end of housing) at an outer side of the case,
wherein a first ventilation assembly ( see Fig. 1 piping connected at 60 connected to 12 and 13 or piping connected at 60 connected to 15) connected to a first pressure balancing mechanism ( see Fig. 1 12 and/or 13 or 15) in the at least two pressure balancing mechanisms is used to open the first pressure balancing mechanism to introduce air into the case ([0024] 12 and 13 or [0020][0025] air is circulated so air is introduced into dryer device 50) , and a second ventilation assembly (piping connected at 60 connected to 15 or piping connected at 60 connected to 12 and 13) connected to a second pressure balancing mechanism (15 or 12 and/or 13) in the at least two pressure balancing mechanisms is used to open the second pressure balancing mechanism so that the air in the case is discharged ([0024 or [0020] air discharged into case).
Regarding claim 2, Yan discloses all of the claim limitations as set forth above.
In addition, Yan discloses that the first ventilation assembly (see Fig. 1 piping connected at 60 connected to 12 and 13) is configured to be connected to an air outlet of an air conditioner ([0015], drying device 50 is part of air conditioner and claim 10) and the second ventilation assembly (piping connected at 60 connected to 15) is configured to be connected to an air inlet of the air conditioner (a circulating in circulating air mode [0020][0025]-closed loop mode) system, so that the air in the case enters an air flow circulation of the air conditioner (air from 15 flows back into drying device 50).
Regarding claim 3, Yan discloses all of the claim limitations as set forth above.
In addition, Yan discloses that the first pressure balancing mechanism ( see Fig. 1 12 and/or 13 or 15) and the second pressure balancing mechanism (15 or 12 and/or 13) are respectively provided on two opposite walls of the case (10) (see Fig. 1).
Regarding claim 10, Yan discloses all of the claim limitations as set forth above.
In addition, Yan discloses characterized in that the pressure balancing mechanism is a pressure relief mechanism that is used (gas is discharged when the pressure is positive ([0006] [0019][0026]), when not connected to the ventilation assembly (piping connected 12 directly), to actuate to release the internal pressure of the case when the internal pressure reaches a threshold ([0006] [0019][0026]).
Regarding claim 11, Yan discloses all of the claim limitations as set forth above.
In addition, Yan discloses a battery (See Fig. 1 [0024]), characterized by comprising: battery cells (1 [0024]); and a case (10) according to claim 1, wherein the battery cells are accommodated in the case.
Regarding claim 12, Yan discloses all of the claim limitations as set forth above.
In addition, Yan discloses a power consuming apparatus (motor vehicle), characterized by comprising a battery according to claim 11 for supplying electric energy ([0015]).
Regarding claim 13, Yan discloses all of the claim limitations as set forth above.
In addition, Yan discloses a that the power consuming apparatus further comprises an air conditioner (50), with an air outlet of the air conditioner being connected to the first ventilation assembly (see Fig. 1 piping connected at 60 connected to 12 and 13), and an air inlet of the air conditioner being connected to the second ventilation assembly (piping connected at 60 connected to 15 a circulating in circulating air mode [0020][0025]-closed loop mode, air from 15 flows back into drying device 50).
Allowable Subject Matter
Claims 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vieth (US 2374513 A) discloses a venting valve with a pressure balancing mechanism and a venting assembly (see Fig. 1 and columns 1-2). Gretag (GB 2057639 A) discloses a valve which shuts off and opens an airway which comprises a pressure balancing mechanism and a venting assembly (See Fig. 1 pgs. 1-2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726
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