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
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) 2-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Girouard (US 9,404,598).
Regarding claim 2, Girouard discloses a pressure relief device (10) configured to vent a pressurized tank in a thermal event, the pressure relief device comprising: a body (20); a vent passage (30) disposed through the body and at least partially enclosed by a vent passage wall (the wall defining 30), the vent passage having a first end (the end on the side of 17) configured to be placed in fluid communication with an internal volume of a tank and a second end (the end on the side of 18) configured to be placed in fluid communication with the atmosphere; a plug (160) at least partially located in the vent passage, the plug comprising a seal portion (the left end of 160 with reference to Fig. 4) forming a seal with the vent passage wall and a control portion (the right end of 160 with reference to Fig. 4) spaced apart from the seal portion (Fig. 4; Col. 4 lines 49-64), and the plug preventing flow of gas through the vent passage from the first end to the second end while in a first position (as shown in Fig. 4) and the plug allowing flow of gas through the vent passage from the first end to the second end while in a second position (as shown in Fig. 5); a first triggering system (100, 132, and 134) configured to cause the plug to slidably move from the first position to the second position in response to thermal event detection at a first location; and a second triggering system (15) configured to cause the plug to slidably move from the first position to the second position in response to thermal event detection at a second location.
Regarding claim 3, Girouard further discloses the pressure relief device of Claim 2, wherein the first triggering system includes a shape memory alloy wire configured to shorten when exposed to a temperature above a threshold temperature. (Col. 13, lines 15-25)
Regarding claim 4, Girouard further discloses the pressure relief device of Claim 3, wherein a portion of the shape memory alloy wire is disposed within the body and the portion moves toward a first direction when the shape memory alloy wire shortens in response to exposure to the temperature above the threshold temperature (as shown in Fig. 5), and wherein the plug moves toward the first direction when the plug moves from the first position to the second position. (as shown in Fig. 4)
Regarding claim 5, Girouard further discloses the pressure relief device of Claim 3, wherein a portion of the shape memory alloy wire is disposed within the body and the portion moves along a wire axis when the shape memory alloy wire shortens in response to exposure to the temperature above the threshold temperature (as shown in Fig. 5), wherein the plug moves along a plug axis when the plug moves from the first position to the second position (as shown in Fig. 4), and wherein the wire axis is parallel to the plug axis. (Figs. 4 and 5)
Regarding claim 6, Girouard further discloses the pressure relief device of Claim 3, further comprising an intermediate trigger (132) being coupled to the shape memory alloy wire, and extending in a first elongate direction in an untriggered state (see how 132 extends in the radial direction), wherein movement of the intermediate trigger caused by shortening of the shape memory alloy wire in response to exposure to the temperature above the threshold temperature causes the plug to move from the first position to the second position, and wherein the plug extends in a second elongate direction (the axial direction of 160) that is perpendicular to the first elongate direction. (Figs. 4 and 5)
Regarding claim 7, Girouard further discloses the pressure relief device of Claim 3, wherein a portion of the shape memory alloy wire is disposed within the body and the portion moves in a first direction (the axial direction along 100) when the shape memory alloy wire shortens in response to exposure to the temperature above the threshold temperature, wherein the pressure relief device further comprises an intermediate trigger (132) being coupled to the shape memory alloy wire, and extending in an elongate direction (the radial direction of 132) in an untriggered state that is perpendicular to the first direction, and wherein movement of the intermediate trigger caused by the shortening of the shape memory alloy wire causes the plug to move from the first position to the second position. (Figs. 4 and 5)
Regarding claim 8, Girouard further discloses the pressure relief device of Claim 3, wherein the shape memory alloy wire is disposed in a tubular body (56) having fixed ends, the shape memory alloy wire being allowed to move along a longitudinal axis of the tubular body relative to the tubular body. (Figs. 4 and 5)
Regarding claim 9, Girouard further discloses the pressure relief device of Claim 8, wherein the tubular body is formed with a bend to extend or wrap around a tank of a fuel system. (Fig. 8)
Claim Rejections - 35 USC § 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 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.
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Girouard.
Regarding claim 10, Girouard further discloses the pressure relief device of Claim 2, wherein the second triggering system includes a moving part having an elongate shape and configured to be in a first state or a second state, the moving part moving from the first state to the second state in response to thermal event detection at the second location, thereby causing the plug to move from the first position to the second position, but fails to disclose the moving part is a cylinder.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the application to modify the shape of the moving part to be a cylinder and include a spring to bias the cylinder away from the plug since a change in shape of an element involves only routine skill in the art. The motivation for doing so would be to provide a shape that is able to move in and out of the passage linearly for easier and more reliable operation.
Regarding claim 11, Girouard further discloses the pressure relief device of Claim 10, wherein the cylinder is configured to move from the first state to the second state by moving within a trigger actuation passage in response to the thermal event detection at the second location. (Figs. 4 and 5)
Allowable Subject Matter
Claims 15-20 are allowed.
Claims 12-14 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J GRAY whose telephone number is (571)270-0544. The examiner can normally be reached 9:00 am - 5:00 pm, Monday - Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth Rinehart can be reached at 571 272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL J GRAY/Primary Examiner, Art Unit 3753
Prosecution Insights