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 § 102
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) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Inoue JP2018037217A (using machine English translation provided).
Regarding claim 1, Inoue discloses a housing container (Inoue, Fig. 1, element 2) comprising:
a plurality of exterior walls (Inoue, Fig. 1, elements 3-6), the plurality of exterior walls forming an internal space for housing a content (Inoue, [0016),
wherein a part or a whole of the plurality of exterior walls (Inoue, Fig. 1, element 3) has a pressure adjusting portion formed therein (Inoue, Figs. 1 and 6, element 20), and
the pressure adjusting portion includes a pressure plate (Inoue, Fig. 6, element 22) that is elastically deformable according to a volume change in the internal space (Inoue, [0038]).
Regarding claim 2, Inoue also discloses wherein the pressure adjusting portion includes an edge portion (Inoue, Fig. 5, edge portion of element 22) opening to an outside of the container (Inoue, Fig. 5, edge portion of element 22 opening to element 3),
and a retaining portion (Inoue, Fig. 10, element 41) that is formed so as to be continuous from the pressure plate to the edge portion (Inoue, [0037]) and is elastically deformable according to a deformation of the pressure plate (Inoue, [0037]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue JP2018037217A (using machine English translation provided) in view of Kanemoto US20140038027A1.
Regarding claim 3, Inoue does not disclose wherein the pressure plate is formed in a circular shape.
Kanemoto teaches wherein the pressure plate (Kanemoto, Fig. 14, element 18) is formed in a circular shape. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the pressure plate of Kanemoto to Inoue thereby gas is discharged to the outside (Kanemoto, [0208]).
Regarding claim 4, Inoue does not disclose wherein the pressure plate is formed in an elliptic shape.
Kanemoto teaches wherein the pressure plate (Kanemoto, Fig. 14, element 18) is formed in an elliptic shape. Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the pressure plate of Kanemoto to Inoue thereby gas is discharged to the outside (Kanemoto, [0208]).
Regarding claim 5, modified Inoue further teaches wherein the pressure plate includes a thin portion (Inoue, Fig. 10, outer edges of element 22), and a thick portion (Inoue, Fig. 10, overlapping portion of elements 22 and 30) that is formed more to a central side of the pressure plate than the thin portion and has a larger thickness than the thin portion (Inoue, as reasonably suggested by Fig. 10, outer edges of element 22, overlapping portion of elements 22 and 30 more to a central side of element 22).
Regarding claim 6, Inoue does not disclose wherein the housing container is formed so as to be cylindrical by the plurality of exterior walls.
Kanemoto teaches wherein the housing container (Kanemoto, Fig. 14, element 11) is formed so as to be cylindrical (Kanemoto, Fig. 14) by the plurality of exterior walls (Kanemoto, Fig. 14, elements 12 and 15-16). Therefore it would be obvious to the skilled artisan to add the housing container of Kanemoto to Inoue thereby accommodating a cylindrical electrochemical element (Kanemoto, [0012]).
Regarding claim 7, modified Inoue does not teach wherein the pressure adjusting portion is formed in a side face wall among the plurality of exterior walls.
Kanemoto teaches wherein the pressure adjusting portion (Kanemoto, Fig. 14, element 18) is formed in a side face wall (Kanemoto, Fig. 14, element 16) among the plurality of exterior walls (Kanemoto, Fig. 14, elements 12 and 15-16). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the pressure adjusting portion of Kanemoto to Inoue thereby gas is discharged to the outside (Kanemoto, [0208]).
Regarding claim 8, modified Inoue does not teach wherein the pressure adjusting portion is formed in at least one of a top face wall or a bottom face wall among the plurality of exterior walls.
Kanemoto teaches wherein the pressure adjusting portion (Kanemoto, Fig. 14, element 18) is formed in at least one of a top face wall (Kanemoto, Fig. 14, element 16) among the plurality of exterior walls (Kanemoto, Fig. 14, elements 12 and 15-16). Therefore it would be obvious to the skilled artisan before the effective filing date of the claimed invention to add the pressure adjusting portion of Kanemoto to Inoue thereby gas is discharged to the outside (Kanemoto, [0208]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wippermann US4354619A (discloses a pill dispenser comprising a similar structure to the claimed invention),
McGill US5913342A (discloses a housing container for dispensing semi-solid products teaching the limitations of claims 1, 3-4 and 6-7 as currently drafted, interpreting the pleated wall as a plate),
Aoki US20150109383A1 (discloses a recycling housing container disclosing all of the limitations of claim 1 as currently drafted),
Toma JP2019097826A (discloses a cosmetic housing container encompassing all of the claim limitations of claims 1, 3-6 and 8, as currently drafted),
Laasch US20200411914A1 (discloses a container comprising an elastically deformable member that changes with the internal pressure).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JARED HANSEN whose telephone number is (571)272-4590. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can 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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/JARED HANSEN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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