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 .
Response to Amendment
That the amendment to the claim languages filed on 1/14/26 has been fully considered and made of record. Claims 1, 3, 5-9 10-11, 13-20 are now pending in that unelected claims 7-9 and 15-20 are existed should be canceled or taken an appropriate action.
Claim Objections
Claims 1, 3, 5-6, 10-11, 12-14 are objected to because of the following informalities:
The preamble should be updated to include a transition phrase “comprising” at the end, the following “preamble “is suggested.
--A formation system operatively with a battery for preventing electrolyte drawn out of the battery, the formation system comprising:”--
Note: “The word ‘comprising’ transitioning from the preamble to the body signals that the entire claim is presumptively (see § MPEP 2111.03-2111.04).
Since scope of the claims 1, 3, 5-6, 10-11, and 13-14 directed to a system as indicated in the preamble and claim will be rejected accordingly base on the system rather than outside element (e.g., the battery).
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, 3, 5-6, 10-11, and 13-14 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.
Since claims directed to a system (as indicated in the preamble) and claim recites a list of structure elements or components in the body of the claim (e.g., claim 1, about lines 3-14) however, it is not known as to how the elements is/are attached to one another in order to form the claimed “system”. Further, claim 1 as represented appears to be incomplete because no interconnect existed between each of elements as so to form a working system. It is suggested further define the interconnection of elements such as 11-14 20, 30, 40 base on Figs. 3-4 would overcome the incomplete or insufficient details between elements as noted above.
“close to “(claim 1, line 14) should be updated to: --“adjacent to a side of” --.
“and that abuts against the battery” (claim 1, line 14) should be more specific the use of: --“and the buffer member configured to abut against the side of the battery” --. For clarity of the claim.
“that abuts” (claim 5, line 2) should be updated to:-- “configured to abut” --.
“the first surface” (claim 6, line 2); “the middle” (claim 6, line 2) lacks proper antecedent basis.
“wherein the formation system further comprises”(claims 10-11, 13-14 lines 1-2) is redundant (of the preamble) should be updated to: --” further comprising:”--
“configured for” (claims 10-11, 13-14, line 2) should be deleted for clarity of the structure limitation.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3, 5-6, 10-11, and 13-14 as best understood is/are rejected under 35 U.S.C. 103 as being unpatentable over Han et al in view of XU et al. This rejection is set forth from the previous Action under 102/103 dated 10/31/25.
Response to Arguments
Applicant's arguments filed 1/14/26 have been fully considered but they are not persuasive. because the applied prior art discloses the broadly claimed system for same reason provided from record.
The claim objections:
The amendment to the claims still raise issues of claim objection (see new formulate objection above).
The 112 rejections:
The changes to the claim languages filed 1/14/26 does not overcome the 112 rejections (see 112 sections above).
The prior art:
Applicants contend that the modified Han/Xu fails to disclose the specific features of “a suction nozzle disposed corresponding to a liquid injection hole of the battery to collect a formation exhaust gas of the battery; and a negative pressure source connected to the suction nozzle to provide negative pressure environment for the suction nozzle;; the clamp further comprises a buffer member that is disposed on the side of the limiting member close to the battery and that abuts against the battery" (see applicant’s “Remarks” page 2, about ¶¶ (0010-0011) and page 3, ¶¶ (0001-0002). The Examiner disagrees and refer Applicant(s) to Fig. 1 of the Han reference which depicts suction nozzle 5, the vacuum source 6 (see Fig. 1), clamp (2-4) and buffer member as marked up below.
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Regarding to wherein “there is preset distance between the suction nozzle and the liquid injection hole to prevent electrolyte in the battery from being drawn out” is not a positive structure feature and this clearly met by the Han while connecting the suction nozzle to the outlet vent of the battery to ensure the electrolyte in the battery from spilling out. For this reason, the previous applied prior art retained for the same reason set forth from the record.
Applicant's arguments do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH N TRINH whose telephone number is (571)272-4569. The examiner can normally be reached M-TH ~5:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas J Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MINH N TRINH/Primary Examiner, Art Unit 3729
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