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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/12/26 has been entered.
Note: claims 1, 5-8 and 13-20 are now pending in that claims 7-9 and 15-20 are unelected and should be cancelled and/or taken an appropriate action.
Furthermore, unelected claims 19-20 directed to method invention and requested to be cancelled. Since, claims 19-20 is/are method claims and in improper dependent from the system invention.
An OA on the merits of claims 1, 5-6, 10, 13-14 as follows:
Claim Objections
Claims 1, 5-6, 10, 13-14 are objected to because of the following informalities:
“A formation system used during the production or formation of a battery for preventing electrolyte from being drawn out in formation of the battery, wherein that the formation system comprises:” (claim 1 preamble lines 1-3) should be updated as the following:
--- A battery formation system for preventing electrolyte drawn out of the battery, the battery formation system comprising:"--, for clarity of claim scope to which the claims directed to.
“wherein there is preset distance” (claim 1, line 9) should be update to positive structure limitation the use of: -- “a preset distance defined” --.
“the clamp comprises at least two limiting members disposed opposite each other at an interval, the battery is held between the two adjacent limiting members, and the two adjacent limiting member are movable relatively to change a clamping force on the battery;” (claim 1, lines 11-13) is awkwardly worded should be updated to: --” wherein the clamp comprises at least two limiting members disposed opposite each other at an interval, the two limiting members configured to hold the battery between thereto, and the at least two adjacent limiting member are configured to movable relatively to change of a clamping force while holding the battery”--.
“the clamp further comprises a base, on which each of the limiting members is movably disposed; the clamp further comprises a buffer member that is disposed on a side of the limiting member adjacent to a side of close to the battery and the buffer member is configured to abut that abuts against the side of the battery ( claim 1, lines 14-18) should be rewritten to: -- “wherein the clamp further comprises a base, and a buffer member, the at least two limiting members are disposed and movable on the base of the clamp, and the buffer member is disposed on a side of one of the at least two limiting members adjacent to a side of the battery and the buffer member is configured to abut against the side of the battery”--, for clarity of the structure claim formats.
“each limiting member” (claim 1, line 22) should be updated to: -- “on one of the at least two limiting members” --, to reflect changes which occurrence above in line 16 of claim 1, respectively.
“The formation system” (claims 5-6, 10, 13-14, line 1) should be updated to: --“The battery formation system” --. Appropriate correction is required.
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 5, 10, 13-14 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.
The phrase:
“wherein the projection of the first surface on the battery being is within the second surface” (claim 5, lines 1-2) is confusing and/or awkwardly worded and should be: -- “wherein a projection of the first surface of the buffer member is configured to be within the second surface of the battery.”—
“connecting” (claims 10, 13- 14, line 2) should be: --"connected” --.
Potential Allowable claim
Claim 6 is 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 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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