DETAILED ACTION
This is the first office action on the merits for 18/689,701, filed 3/6/2024, which is a national stage entry of PCT/JP2022/029893, filed 8/4/2022, which claims priority to Japanese application JP2021-151486, filed 9/16/2021.
Claims 1-4 are pending, and are considered herein.
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 .
Additional Prior Art
The Examiner wishes to apprise the Applicant of the following references, which are not currently applied in a rejection.
U.S. Patent Application Publication 2010/0167109 A1: This reference teaches a valve manifold connected to the outer case of a battery (Figs. 1-2).
U.S. Patent Application Publication 2016/0036025 A1: This reference teaches a replaceable valve connected to the outer case of a battery (Figs. 1-2).
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holden, et al. (U.S. Patent Application Publication 2002/0061434 A1).
In reference to Claim 1, Holden teaches a pressure-regulating valve 100 for a power storage module (Figs. 1 and A-H, paragraphs [0064]-[0081] and [0043]-[0045]).
Holden teaches that a case 102 accommodating a valve body 56 (Fig. C, paragraph [0079]) in a valve chamber (formed by items 104/126, Fig. C, paragraph [0072]) is to be attached to a power storage device (i.e. a battery, Fig. 1, paragraphs [0043]-[0045]).
Holden teaches that the case 102 has a sealing surface (i.e. the surface contacting item 136) that is provided with a sealing member 136 (Fig. C, paragraph [0073]) and is to contact the power storage device (Fig. 1, paragraphs [0043]-[0045]).
Holden teaches that the case 102 comprises an attaching portion 114 attachable to the power storage device (battery) by moving along a predetermined slide direction along the sealing surface (i.e. via rotation of the camming surfaces 140/138 against camming surfaces 142, Figs. C-D, paragraphs [0074]-[0075]).
It is noted that “is to contact the power storage device” and “attachable to the power storage device by moving along a predetermined slide direction along the sealing surface” are intended use limitations of the claim.
The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
In reference to Claim 2, Holden teaches that the case 102 has a pair of edge portions along the slide direction, corresponding to the outer edges of item 106, shown in Fig. C.
Holden teaches that the attaching portion 114 is a locked portion that is locked by the power storage device (i.e. locked into the power storage device) by protruding to outside from each of the edge portions (i.e. extending below the edge of the edge portions of item 106, paragraphs [0074]-[0075]).
In reference to Claim 3, Holden teaches a power storage unit comprising a pressure-regulating valve for a power storage module according to claim 1 (described above), and a power storage device, wherein the power storage device has a holding portion 16 to hold the attaching portion 114 (Fig. 1, paragraphs [0043]-[0045]).
In reference to Claim 4, Holden teaches that the holding portion 16 has a plurality of pairs of clamping portions 142 to clamp the case 102 from a direction along the sealing surface and orthogonal to the slide direction (i.e. extending in the vertical direction of the battery, Fig. C, paragraph [0075]).
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Langan, et al. (U.S. Patent Application Publication 2008/0085444 A1).
In reference to Claim 1, Langan teaches a pressure-regulating valve (i.e. fluid regulation system) 50’ for a power storage module (Figs. 29-30, paragraphs [0083]-[0087]).
Paragraph [0087] further describes the pressure regulation properties of this valve structure.
The valve of Langan comprises a case 70’ accommodating a valve body 66 in a valve chamber 74 to be attached to a power storage device (i.e. battery housed in can 34, Figs. 1-3, paragraphs [0078]-[0082]).
Langan teaches that the case has a sealing surface (i.e. bottom 35 of can 34) that is provided with a sealing member 62 and is to contact the power storage device housed within can 34 (paragraphs [0083]-[0087]). This sealing member is taught to seal the device (i.e. close the apertures within the valve) in paragraph [0083]).
Langan teaches that the case has an attaching portion 66 attachable to the power storage device by moving along a predetermined slide direction along the sealing surface (i.e. along ledge 71 in case 70, Fig. 29, paragraph [0084]).
It is noted that “is to contact the power storage device” and “attachable to the power storage device by moving along a predetermined slide direction along the sealing surface” are intended use limitations of the claim.
The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus.
In reference to Claim 2, Langan teaches that the case 70’ has a pair of edge portions 71 along the slide direction, and the attaching portion 66 is a locked portion that is locked by the power storage device (paragraph [0091]) by protruding to outside from each of the edge portions (i.e. having a footprint that extends outside of the edge portions 71).
In reference to Claim 3, Langan teaches a power storage unit (i.e. battery) comprising a pressure-regulating valve for a power storage module according claim 1, and a power storage device (Figs. 29-30, paragraphs [0083]-[0087]).
Fig. 29 teaches that the power storage device has a holding portion (i.e. can 34) to hold the attaching portion 66 (paragraph [0083]).
Claims 1 and 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by van Rensburg, et al. (U.S. Patent Application Publication 2012/0164545 A1).
In reference to Claim 1, van Rensburg teaches a pressure-regulating valve (i.e. fluid regulation system) 50’ for a power storage module (Figs. 7-8, paragraphs [0052]-[0057], [0059]-[0067], and [0079]).
Paragraph [0063] further describes the pressure regulation properties of this valve structure.
The valve of van Rensburg comprises a case 70 accommodating a valve body 66 in a valve chamber 74 to be attached to a power storage device (i.e. battery housed in can 34, Figs. 7-8, paragraph [0053]).
Van Rensburg teaches that the case 70 has a sealing surface (i.e. bottom 35 of can 34) that is provided with a sealing member (i.e. gasket 38, Fig. 8, paragraph [0053]) and is to contact the power storage device housed within can 34 (Fig. 8, paragraph [0053]). This sealing member 38 is taught to seal the space between items 34 and 36 (paragraph [0053]).
Van Rensburg teaches that the case has an attaching portion 66 attachable to the power storage device by moving along a predetermined slide direction along the sealing surface (i.e. within the perimeter of the gasket, paragraphs [0056]-[0057]).
It is noted that “is to contact the power storage device” and “attachable to the power storage device by moving along a predetermined slide direction along the sealing surface” are intended use limitations of the claim.
The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus.
In reference to Claim 3, Langan teaches a power storage unit (i.e. battery) comprising a pressure-regulating valve for a power storage module according claim 1, and a power storage device (Figs. 7-8, paragraphs [0052]-[0057], [0059]-[0067], and [0079]).
Fig. 7 teaches that the power storage device has a holding portion 100/104 to hold the attaching portion 66 (paragraph [0079]).
In reference to Claim 4, Fig. 7 teaches that the holding portion 100/104 has a plurality of pairs of clamping portions 104 to clamp the case 70 from a direction along the sealing surface and orthogonal to the slide direction (paragraph [0079]).
Conclusion
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/SADIE WHITE/Primary Examiner, Art Unit 1721
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