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 § 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 1-8 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.
In claim 1, line 7, the phrase “the outlet” lacks antecedent basis and also raises double inclusion issues with the positive recitation of “a discharge port” in claim 1, lines 4 and 5. The claim recites “sealing which seals the outlet”, however, the claim further recites the “sealing melts” “to open the discharge port”. It is recommended that the phrase “the outlet” is changed to --the discharge port--.
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter of claims 1-8: The closest prior art being Baeder et al ‘823 and Guo ‘286 did not teach or suggest separately or in combination a fire extinguishing system configured to extinguish fire of a battery as claimed by the applicant, specifically a system comprising a case accommodating the battery and including a liquid passage arranged around the battery and a discharge port configured to discharge the extinguishing liquid within the liquid passage toward the battery; and sealing which seals the discharge port, wherein the sealing melts at a temperature equal to or higher than a predetermined melting temperature to open the discharge port, together in combination with the other claimed features of applicant’s invention and if the 35 U.S.C. 112(b) rejection is corrected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Baeder et al ‘823 and Guo ‘286 disclose fire extinguishing systems for batteries.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN J GANEY whose telephone number is (571)272-4899. The examiner can normally be reached M-F 9am-5:30pm.
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STEVEN J. GANEY
Primary Examiner
Art Unit 3752
/STEVEN J GANEY/ Primary Examiner, Art Unit 3752
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