RESPONSE TO AMENDMENT
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 .
Amendments to the specification and the claims, filed 01 July 2026, have been entered in the above-identified application.
Claims 1-20 remain pending in the application
Withdrawn Objections/Rejections
The 35 U.S.C. §102 rejections of claims 1-5, 7, 8-12, 14, and 15-19 as being anticipated by Moon (US Patent Application Publication No. 2023/0163406) made of record in the office action mailed on 17 April 2026, pages 6-8, have been withdrawn due to Applicant’s amendment in the response filed 01 July 2026.
The 35 U.S.C. §102 rejections of claims 1-5, 7, 8-12, and 14 as being anticipated by Dallmer (German Patent Application Publication No. 102004007454) made of record in the office action mailed on 17 April 2026, pages 8-11, have been withdrawn due to Applicant’s amendment in the response filed 01 July 2026.
The 35 U.S.C. §103 rejections of claims 6, 13, and 20 as unpatentable over Moon (US Patent Application Publication No. 2023/0163406) in view of Kusunoki (US Patent Application Publication No. 2015/0072184) made of record in the office action mailed on 17 April 2026, page 12, have been withdrawn due to Applicant’s amendment in the response filed 01 July 2026.
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 5 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 5 recites the limitation “a chamber” which renders the claim vague and indefinite. It is unclear if “a chamber” is the same chamber as “a chamber” in claim 1 line 2, or if it is a separate chamber altogether.
Claim Rejections - 35 USC § 102/103
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-5, 7-9, 11-12, 14-16, and 18-19 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Yue (Chinese Patent Application Publication No. 116557615). For prior art discussion see English translation for CN-116557615-A.
Regarding claims 1, 8, and 15, Yue teaches a vehicle ([0052]) which includes a battery ([0052]) having a drain assembly (electromagnetic drain valve) (abstract). The drain assembly includes a first section within the housing (fig. 6 ref. #50) and a second section outside of the housing (the fluid flow path, which flows from inside of the battery housing ref. #11 to the exterior, flows through the second section). The drain assembly includes a chamber in the first section (valve body, [0054] and fig. 4 ref. #51) coupled to one side of a housing of the battery (fig. 6 ref. #50 and #11), the chamber having a wall (the wall of the electromagnet that touches the inside of the chamber, fig. 4 ref. #52, see below). Further, the drain assembly includes a fluid path through the chamber for flow of a fluid from the battery ([0092], fluid flows through the first and second openings, fig. 4 ref. #512 and #513, from inside to outside of the battery housing).
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The drain assembly also includes a plug (magnet piston) disposed at a first position in the chamber out of the fluid path ([0092] and fig. 4 ref. #53, the first position being when the electromagnet is on and the plug ref. #53 is out of the fluid path), and a retaining device (electromagnet, [0092] and fig. 4 ref. #42) that secures the plug to the wall of the chamber to retain the plug in the first position ([0092], the magnet will against the wall through the spring in fig. 4, see above).
A sensor activates the retaining device when an environmental parameter of the battery exceeds a threshold ([0095], the threshold being when any amount of water), and a spring biases the plug towards a second position in the fluid path ([0058] and fig. 4 ref. #54).
Yue does not explicitly teach a sensor activates the retaining device to release the plug from the wall when an environmental parameter of the battery exceeds a threshold.
However, the limitation “when an environmental parameter of the battery exceeds a threshold” is a functional limitation. Apparatus claims cover what a device is, and not what the device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim (MPEP 2114.II). As Yue teaches a sensor that controls the retaining device dependent on an environmental parameter ([0027]-[0028]), the drain assembly of Yue is capable of having the sensor activate the retaining device to release the plug from the wall when an environmental parameter of the battery exceeds a threshold, and therefore this limitation is anticipated by Yue.
Alternatively, Yue does teach that when the retaining device (electromagnet) is de-energized, the spring pushes the plug (magnetic piston) into the second position ([0058]). Furthermore, Yue teaches the sensor controlling the drain valve ([0027]-[0028]) in the presence of water ([0095]). Activating the retaining device (de-energizing the electromagnet) with the sensor to release the plug from the wall when an environmental parameter of the battery exceeds a threshold (when there is no liquid detected) would allow for the battery to be resealed, in turn preventing any contaminants from entering the battery housing.
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the sensor to activate the retaining device to release the plug from the wall. One of ordinary skill in the art would have been motivated to include this as a means to prevent contaminants from entering the battery housing.
Regarding claims 2, 9, and 16, Yue does not explicitly teach the retaining device releases the plug when one of: (i) a temperature at the drain assembly is at or above a temperature threshold; and (ii) a pressure at the drain assembly is at or above a pressure threshold.
However, the limitation “the retaining device releases the plug when one of: (i) a temperature at the drain assembly is at or above a temperature threshold; and (ii) a pressure at the drain assembly is at or above a pressure threshold” is a functional limitation. Apparatus claims cover what a device is, and not what the device does. A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim (MPEP 2114.II). As Yue teaches the sensor controlling the drain valve ([0027]-[0028]) in the presence of water ([0095]), this will result in some change in temperature or pressure. The change in temperature or pressure could be set as the threshold for either variable. Therefore, Yue is capable of the retaining device releasing the plug when one of a temperature or pressure threshold is surpassed at the drain assembly, and this limitation is anticipated by Yue.
Regarding claims 4, 11, and 18, Yue teaches the spring is within the chamber to a side of the fluid path (fig. 4 ref. #51 and #54, when the plug, ref. #53, is pulled into the first position the spring will be out of the fluid path).
Regarding claims 5, 12, and 19, Yue teaches the fluid path extends between an inlet within the housing of the battery ([0092], fig. 4 ref. #513, and fig. 6 ref. #50, as the drain valve is contained within the battery housing the inlet must be within the battery housing) and an outlet outside of the battery housing (fig. 6 ref. #119, the outlet including space outside of the battery housing). The first position is in a chamber to one side of the inlet ([0092] and fig. 4, when the magnetic piston, ref. #53, is pulled to the electromagnet, ref. #53, it will be to one side of the inlet) and the second position is in front of the inlet (fig. 4, the position of ref. #53).
Regarding claims 7 and 14, Yue further teaches the fluid is a coolant ([0095]).
Claim 2, 9, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Yue (Chinese Patent Application Publication No. 116557615) in view of Moon (US Patent Application Publication No. 2023/0163406). For prior art discussion see English translation for CN-116557615-A.
Yue is relied upon as described above.
Yue does not explicitly teach the retaining device releases the plug when one of: (i) a temperature at the drain assembly is at or above a temperature threshold; and (ii) a pressure at the drain assembly is at or above a pressure threshold.
Moon teaches a mechanical vent for a battery pack (title) with a plug (fig. 5 ref. #142) and a retaining device (fig. 5 ref. #146, and [0041]). Moon further teaches the retaining device releases the plug when a temperature at the drain assembly is at or above a temperature threshold ([0042], the retaining device ruptures, melts, or changes shape, in turn allowing the plug to seal the battery pack). This seals in any toxic gas generated due to thermal runaway of the battery, in turn increasing overall safety of the battery ([0034]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to have the retaining device releases the plug at or above a temperature threshold, as taught by Moon, in the battery vent of Yue. One of ordinary skill in the art would have been motivated to make this inclusion for the increased safety of the battery.
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Yue (Chinese Patent Application Publication No. 116557615) in view of Becker (US Patent No. 4,457,334). For prior art discussion see English translations for CN-116557615-A.
Yue is relied upon as described above.
Yue does not explicitly teach the retaining device is selected from the group consisting of a retractable pin and a trap door.
Becker teaches a pressure sensitive valve actuator (title) that seals off flow through a valve when a pressure threshold at the valve has been exceeded (abstract). Becker further teaches that valve includes a plunger (figs. 1 and 2 ref. #44) that is held out of a flow path (valve throat, figs 1 and 2 ref. #36) with a retaining device that is a retractable pin (figs. 1 and 2 ref. #50) (page 4 column 2 line 63 to page 5 column 3 line 10). The use of the retractable pin to hold the plunger out of the flow path allows for the plunger to be securely held, while also allowing for an adjustable pressure threshold (page 5 column 3 lines 4-8).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the retaining device of Becker in the valve of Yue. One of ordinary skill in the art would have been motivated to make this inclusion for the secure holding of the plunger and easily adjustable pressure threshold.
Claims 6, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yue (Chinese Patent Application Publication No. 116557615) in view of Kusunoki (US Patent Application Publication No. 2015/0072184). For prior art discussion see English translation for CN-116557615-A.
Yue is relied upon as described above.
Yue is silent to the drain assembly further comprising a drain valve in the fluid path at the outlet.
Kusunoki teaches a battery (energy storage apparatus) that includes an outer housing with a passageway to allow for the passage of gas out of the housing (abstract). Kusunoki also teaches that there is a drain valve (pressure valve) in the fluid path at the outlet ([0085] and fig. 5 ref. #150).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to include the drain valve of Kusunoki in the outlet of Yue. One of ordinary skill in the art would have been motivated to make this inclusion as it functions as a one-way valve, which allows for fluids to pass out of the outlet without allowing for undesired fluids to infiltrate the battery housing.
Response to Arguments
Applicant’s arguments in the response filed on 01 July 2026 regarding the prior art rejections made of record in the office action mailed on 17 April 2026 have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 01 July 2026 regarding the 35 U.S.C. §102 of claims 1-5, 7, 8-12, 14, and 15-19 of record as being anticipated by Moon (US Patent Application Publication No. 2023/0163406) have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 01 July 2026 regarding the 35 U.S.C. §102 of claims 1-5, 7, 8-12, and 14 of record as being anticipated by Dallmer (German Patent Application Publication No. 102004007454) have been considered but are moot due to the new grounds of rejection.
Applicant’s arguments in the response filed on 01 July 2026 regarding the 35 U.S.C. §103 of claims 6, 13, and 20 of record as being unpatentable over Moon (US Patent Application Publication No. 2023/0163406) in view of Kusunoki (US Patent Application Publication No. 2015/0072184) have been considered but are moot due to the new grounds of rejection.
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.
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 09/04/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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