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 the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-5, 7-9, 11-8, and 20 are is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding to claim 1: To the claim limitation “the first resistance threshold”, the limitation is cited as a critical value in the determination whether to fill an amount of oxygen. The Specification, as filed, even though teaches “A proper level of the first threshold value enables filling of oxygen at the optimum level to avoid running the battery with high internal resistance” (paragraph [0012], US 2023/0102119), but is silent how to determine such a proper level of the first threshold value. In addition, in paragraph [0050], the Specification simply teaches “first resistance threshold value Rt1 may be stored in the memory 26” without describing how such first resistance threshold is determined before storing it in the memory. With no detail disclosure on how to determine the first resistance threshold, one of ordinary skill in the art would not know how to obtain such resistance threshold for further deciding to whether to fill the oxygen.
Claims 4-5, 7-9, 11-18, and 20 are rejected because they depend on claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The most pertinent prior art is cited in the attached PTO-892 form. The cited prior art, as an individual or in the combination, does not read on the full scope of claim 1.
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/LAM S NGUYEN/ Primary Examiner, Art Unit 2853