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Claims 16 and 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species and/or subspecies, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 19, 2025. Additionally, although claim 18 is not indicated as withdrawn, claim 18 depends on withdrawn claim 16, and reads on a nonelected species and/or subspecies. Claim 18 is, therefore, also, withdrawn from consideration.
Applicant’s election without traverse of Species 2, see figs. 13, 17 and 18, and Valve Subspecies A, see figs. 5, 6, 10, 11 and 13, drawn to claims 1-15 and 19-20, in the reply filed on November 19, 2025, 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. 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.
Claim Objections
Claim 15 is objected to because of the following informalities:
In claim 15, line 6, the recitation “the second of the body” should read –the second end of the body--.
Appropriate correction is required.
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.
Claims 7-10, 12 and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US2025/0125511 (“Long”).
Regarding claim 7, Long discloses (see figs. 4 and 5) a valve assembly for a battery pack (20), comprising:
a body (141) that includes a first end (bottom end, relative to the orientation of fig. 4) that is opposite a second end (top end, relative to the orientation of fig. 4) and defines a central axis (central longitudinal axis of body 141) therethrough;
a valve element (mainly defined by 142 and 143) having a rim (portion on which sealing ring 145 is disposed) that is operably coupled to the first end of the body and a barrel (143) that extends toward the second end of the body, the valve element and the body being coaxially aligned along the central axis; and
a retainer (142) that extends through the barrel and couples the valve element to the body, wherein the body includes a plurality of vents (see openings which extend through body 141 in perspective view of fig. 6) that are selectively opened (see fig. 5) or closed (see fig. 4) by displacement of the valve element relative to the first end of the body.
Additionally, with regards to the recitation “for a battery pack”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Since the prior art comprises the structure required by the claim to perform the intended use, it is capable of performing the intended use and meets the claim.
Regarding claim 8, Long discloses the body (141) includes a plurality of tabs (1412) arranged on an outer sidewall (cylindrical wall encasing portion 143), each tab extending outwardly from the outer sidewall relative to the central axis (see fig. 6).
Regarding claim 9, Long discloses each tab (1412) has a hinge portion (portion connecting to cylindrical wall of body 141) about which the tab is configured to be rotated during installation of the body (141) with a pack wall (22) of the battery pack (20).
Regarding claim 10, Long discloses the plurality of tabs (1412) are integrally formed with the body (141) as a unitary structure (see figs. 4 and 6).
Regarding claim 12, Long discloses the plurality of vents (see openings which extend through body 141 in perspective view of fig. 6) are spaced radially about the central axis (central longitudinal axis of body 141).
Regarding claim 14, Long discloses a biasing element (146) is connected to the retainer (142) to have a tension preload (biasing valve assembly to closed position as illustrated in fig. 4) that is set by axially compressing the retainer (spring 146 presses against head 1421a of the retainer 142).
Claims 15, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US3587632 (“Clay”).
Regarding claim 15, Clay discloses a valve assembly for a battery pack, comprising:
a body (mainly defined by 14 and 40) that defines a central axis (central longitudinal axis of valve assembly 10), the body including a first end (bottom end, relative to the orientation of the figure) that is opposite a second end (top end, relative to the orientation of the figure), a plate (“spider flange 37”) that is disposed between the first end and the second end, a plurality of vents (openings 52 extending through spider flange or plate 37) that are formed through the plate, and a stem (36) that is centrally disposed on the plate;
a valve element (mainly defined by 20) that is operably attached to the first end of the body, the valve element having a barrel (internally threaded protrusion of member 20, which receives externally threaded bottom end of shaft 28, relative to the orientation of the figure) that extends toward the second of the body; and
a retainer (mainly defined by 28) that has a shaft (28) disposed within the barrel of the valve element, the shaft connecting a head to a foot (threaded upstream and downstream ends of shaft 28, respectively) of the retainer,
wherein a biasing element (45) is operably coupled between the head of the retainer and a seat (47) formed on the stem, and wherein the barrel of the valve element abuts the head (threaded upstream end of shaft 28) of the retainer.
With regards to the recitation “for a battery pack”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Since the prior art comprises the structure required by the claim to perform the intended use, it is capable of performing the intended use and meets the claim.
Regarding claim 19, Clay discloses an insulator (17) configured to be disposed between the body (14 and 40) and a pack wall (16) of the battery pack (“pressure vessel”).
Regarding claim 20, Clay discloses a seal (32) is disposed between the valve element (20) and the foot (threaded downstream end of shaft 28) of the retainer (28).
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.
Claims 1, 2, 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over CN113775799 (“Wu”) in view of US7807282 (“Hamada”).
Regarding claim 1, Wu discloses a valve assembly for a battery pack, comprising:
a body (200) having a flange (radially extending flange which defines annular groove for sealing ring 280 and body portions 220 and 230; see fig. 5) extending from an outer sidewall (radially outer wall) at a first end (top end, relative to the orientation of fig. 5), an inner sidewall (radially inner wall of body 200) that defines a chamber (interior chamber of body 200), and a plate (plate portion of body 200 through which openings 210 and 201 extends) disposed between the first end and a second end (bottom end, relative to the orientation of fig. 5), wherein the plate includes a plurality of slots (201; see fig. 5) formed therethrough, and wherein the body is a unitary component (see fig. 5);
a valve element (410) operably coupled to the first end of the body;
a sealing element (250) disposed between a portion (bottom surface, relative to the orientation of fig. 7) of the valve element and the body;
a retainer (420), wherein the retainer is centrally disposed in the body and is configured to connect the valve element with the body; and
a biasing element (430).
Wu is silent to the body being formed of a metal material.
However, Hamada teaches (see specification col. 9, lines 57-59) a body (140) formed of a metal material.
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Wu by configuring the body to be formed of a metal material, as taught by Hamada, to ensure sufficient pressure and chemical resistance to the operating environment.
Additionally, with regards to the recitation “for a battery pack”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. Since the prior art comprises the structure required by the claim to perform the intended use, it is capable of performing the intended use and meets the claim.
Regarding claim 2, Wu discloses a membrane (320) attached (via valve element 410; see fig. 7) to at least one of the retainer (420) or the body (200), the membrane being configured to provide passive pressure relief (see flow arrows through channels 402, 401 and 31 in fig. 7) when the valve element (410) is in a closed position (see closed position of fig. 7).
Regarding claim 4, Wu discloses the membrane (320) is coupled to (via valve element 410 and clip 310) a foot (top portion of retainer 420, relative to the orientation of fig. 7) of the retainer (420) proximate the first end (top end, relative to the orientation of fig. 7) of the body (200) and at least partially covers a channel (402; see fig. 7) formed through the retainer.
Regarding claim 5, Wu discloses the membrane (320) is secured to (via valve element 410 and annular clip 310; see figs. 6 and 7) the retainer (420) by an annular clip (310).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Long, as applied to claim 7, in view of WO2021/020460 (“Narita”).
Regarding claim 11, Long discloses the plurality of vents (see openings which extend through body 141 in perspective view of fig. 6) being relatively the same size relative to one another.
Long does not disclose the plurality of vents vary in size relative to one another.
However, Narita teaches (see fig. 9) a plurality of vents (906), which vary in size relative to one another (vent openings 906 closer to a radial center are smaller than vent openings 906 distal from the radial center).
It would have been obvious to one having ordinary skill in the art at the time of filing of the invention to modify the invention of Long by configuring the plurality of vents to vary in size relative to one another, as taught by Narita, to be able to fit more vents within a given area.
Allowable Subject Matter
Claims 3, 6 and 13 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the closest prior art does not disclose or render obvious the valve assembly, wherein the membrane is coupled to a head of the retainer proximate the second end of the body and at least partially covers a channel formed through the retainer, in combination with the limitations of the base claim and any intervening claim(s).
Regarding claim 6, the closest prior art does not disclose or render obvious the valve assembly, wherein the membrane is disposed around a plurality of apertures formed through the inner sidewall of the body, the membrane being arranged within a gap that is in fluid communication with the chamber of the body, in combination with the limitations of the base claim and any intervening claim(s).
Regarding claim 13, the closest prior art does not disclose or render obvious the valve assembly, wherein the body includes an inner sidewall that defines a chamber, an annular gap between an outer sidewall and the inner sidewall, and a stem that is configured to guide the barrel of the valve element during operation, and wherein the body is integrally formed as a unitary structure, in combination with the limitations of the base claim.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. KR20130025932 and US6695007 disclose a spring biased directional check valve. CN112483694 and CN115020906 disclose a safety valve for a battery device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hailey K. Do whose direct telephone number is (571)270-3458 and direct fax number is (571)270-4458. The examiner can normally be reached on Monday-Thursday (8:00AM-5:00PM ET) and Friday (8:00AM-12:00PM ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors, Kenneth Rinehart at 571-272-4881, or Craig M. Schneider at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAILEY K. DO/Primary Examiner, Art Unit 3753