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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement(s) was/were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) was/were considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “the projection is located outside the cover as viewed along an axis of the gas outlet” as recite in claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 3-5 are 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 3 depends from claim 1.
Claim 3 necessitates that “the first valve body comprises a first portion and a second portion, wherein the first portion faces the tubular portion, and the second portion is located around the first portion and closer to the case than the first portion is.”
Claim 1 necessitates that, the first valve body comprises: a first pressure receiving surface facing inside of the case via the gas outlet; and a second pressure receiving surface located around the first pressure receiving surface, wherein the second pressure receiving surface is configured to receive a pressure of gas escaping from the gas outlet to the outside of the case when the first valve body opens the gas outlet.”
It is unclear and indefinite how applicant distinguishes between the “a first portion and a second portion” as recited in claim 3 and “a first pressure receiving surface…and a second pressure receiving surface” as recited in claim 1. It is the office’s position that the first portion is merely the first pressure receiving surface and that that the second portion is merely the second pressure receiving surface.
Claim 9 necessitates that “the projection is located outside the cover as viewed along an axis of the gas outlet”. It is unclear and indefinite what applicant intends to claim with such phrasing because the projection is illustrated as being set within the cover”
Claims not specifically recited are rejected as being dependent upon a rejected base claim.
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.
Claim(s) 1, 2, 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ford et al. (U.S. Patent 3,100,502), hereafter “Ford”.
In regards to claim 1, Ford discloses a valve mounted on a case (2), the valve configured to open and close a gas outlet (O) through which gas inside the case (2) escapes to outside of the case, the valve comprising: a first valve body (41) configured to open and close the gas outlet (O); an elastic member (47) configured to press the first valve body (41) toward the gas outlet; and a support (29) configured to support the elastic member (47), wherein the first valve body (41) comprises: a first pressure receiving surface (1PRS) facing inside of the case via the gas outlet (O); and a second pressure receiving surface (2PRS) located around the first pressure receiving surface (1PRS), wherein the second pressure receiving surface (2PRS) is configured to receive a pressure of gas escaping from the gas outlet (O) to the outside of the case when the first valve body (41) opens the gas outlet (O).
In regards to “that houses a battery,” 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. If the prior art structure is capable of performing the intended use, then it meets the claim.
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In regards to claim 2, a flow passage (23) located between the first valve body (41) and the case, wherein when the first valve body (41) opens the gas outlet (O), the gas escaping from the gas outlet (O) to the outside of the case flows through the flow passage.
In regards to claims 6 and 9, the first valve body (41) further comprises a projection (portion indicated by 37) on a periphery of the first valve body (41), wherein the projection (portion indicated by 37) projects in a direction away from the case (12), and the projection (portion indicated by 37) is configured to hinder the gas escaping from the gas outlet (O) to the outside of the case (12) from flowing to an opposite surface (portion facing 42) of the first pressure receiving surface (1PRS) and an opposite surface (portion facing 42) of the second pressure receiving surface (2PRS).
The office notes that, as best understood, and at least to the same extent illustrated by applicant, “the projection is located outside the cover as viewed along an axis of the gas outlet.”
In regards to claim 7, the support (29) comprises a cover configured to cover an opposite surface of the first pressure receiving surface (1PRS) and an opposite surface of the second pressure receiving surface (2PRS), and the cover (29) comprises a first through hole (1TH) extending through the cover (29).
In regards to claim 8, the support (29) further comprises a second valve body (60) configured to open and close the first through hole (1TH), the second valve body (60) is configured to close the first through hole (1TH) to prohibit gas from flowing through the first through hole (1TH) when a pressure in a space between the first valve body (41) and the cover (29) is lower than a predetermined value and configured to open the first through hole (1TH) to allow gas to flow through the first through hole (1TH) when the pressure in the space between the first valve body (41) and the cover (29) is higher than the predetermined value.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ford et al. (U.S. Patent 4,691,734), hereafter “Fort”.
In regards to claim 1, Fort discloses a valve mounted on a case (vessel), the valve configured to open and close a gas outlet (O) through which gas inside the case (vessel) escapes to outside of the case, the valve comprising: a first valve body (28) configured to open and close the gas outlet (O); an elastic member (30) configured to press the first valve body (28) toward the gas outlet; and a support (24) configured to support the elastic member (30), wherein the first valve body (28) comprises: a first pressure receiving surface (1PRS) facing inside of the case via the gas outlet (O); and a second pressure receiving surface (2PRS) located around the first pressure receiving surface (1PRS), wherein the second pressure receiving surface (2PRS) is configured to receive a pressure of gas escaping from the gas outlet (O) to the outside of the case when the first valve body (28) opens the gas outlet (O).
In regards to “that houses a battery,” 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. If the prior art structure is capable of performing the intended use, then it meets the claim.
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In regards to claim 10, the first valve body (28) further comprises a second through hole (48) and a third valve body (34), wherein the second through hole (48) extends from the first pressure receiving surface to an opposite surface of the first pressure receiving surface, and the third valve body (34) is configured to open and close the second through hole (48) and the third valve body (34) is configured to open the second through hole (43) to allow gas to flow through the second through hole (43) when a pressure received by the first pressure receiving surface is lower than a predetermined value and configured to close the second through (43) hole to prohibit gas from flowing through the second through hole (43) when the pressure received by the first pressure receiving surface is higher than the predetermined value.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freiler (U.S. Patent 5,203,372.
In regards to claim 1, Freiler discloses a valve mounted on a case (14), the valve configured to open and close a gas outlet (O) through which gas inside the case (14) escapes to outside of the case, the valve comprising: a first valve body (22) configured to open and close the gas outlet (O); an elastic member (16, 18) configured to press the first valve body (22) toward the gas outlet; and a support (11) configured to support the elastic member (16, 18), wherein the first valve body (22) comprises: a first pressure receiving surface (1PRS) facing inside of the case via the gas outlet (O); and a second pressure receiving surface (2PRS) located around the first pressure receiving surface (1PRS), wherein the second pressure receiving surface (2PRS) is configured to receive a pressure of gas escaping from the gas outlet (O) to the outside of the case when the first valve body (22) opens the gas outlet (O).
In regards to “that houses a battery,” 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. If the prior art structure is capable of performing the intended use, then it meets the claim.
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In regards to claim 2, a flow passage located between the first valve body (22) and the case, wherein when the first valve body (22) opens the gas outlet (O), the gas escaping from the gas outlet (O) to the outside of the case flows through the flow passage.
In regards to claim 3, the case comprises an opening configured to allow the inside of the case to communicate with the outside of the case, the valve further comprises a mounting portion (MP) and a tubular portion (TP), wherein the mounting portion (MP) is located along a periphery of the opening and mounted on the case (14), and the tubular portion (TP) projects from the mounting portion (MP) in a direction away from the case, the gas outlet (O) is defined at an end of the tubular portion (TP), and the first valve body (22) comprises a first portion (1PRS) and a second portion (2PRS), wherein the first portion (1PRS) faces the tubular portion (TP), and the second portion (2PRS) is located around the first portion (1PRS) and closer to the case than the first portion is.
In regards to claim 4, the flow passage comprises an upstream flow passage defined between a side surface of the tubular portion and the first valve body and a downstream flow passage defined between the mounting portion and the first valve body, and an area of the upstream flow passage is larger than an area of the downstream flow passage while the first valve body is moving a predetermined distance from a closed state.
In regards to claim 5, the first valve body (22) moves more than a predetermined distance from a closed state, D1 ≤ D2 ≤ D3 is satisfied with respect to the flow passage, where D1 is an area of an opening flow passage defined between an upper surface of the tubular portion and first valve body, D2 is an area of an upstream flow passage defined between a side surface of the tubular portion and the first valve body, and D3 is an area of a downstream flow passage defined between the mounting portion and the first valve body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R.K. Arundale whose telephone number is 571-270-3453. The examiner can normally be reached on Monday-Friday (9:30AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881, and Craig Schneider can be reached 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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/ROBERT K ARUNDALE/Primary Examiner, Art Unit 3753