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 .
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.
Response to Amendment
The amendments filed on 02/24/2026 have been fully considered and are made of record.
Claims 1, 6, 12 and 16 have been amended.
Claims 5 and 15 have been cancelled.
Response to Arguments
Applicant's arguments filed on 02/24/2026 have been fully considered but are moot because new ground of rejection has been applied to amended limitations.
Claim Rejections - 35 USC § 103
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) 1 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Frank et al. (Pub NO. DE 10 2009 028 287 A1; hereinafter Frank; prior art listed on IDS filed on 01/10/2023) in view of Patent NO. CN 108107157 A; hereinafter CN; prior art listed in IDS filed on 01/10/2023).
Regarding Claim 1, Frank teaches a battery testing system (testing system for battery 1 in fig. 1 and Fig. below; See [0003]) comprising:
a test chamber (test chamber 14 in Fig. 1 and Fig. below; See [0020]-[0021]);
a battery test platform within the test chamber (battery test platform 12 in Fig. 1 and Fig. below; See [0020]),
the battery test platform being configured to accommodate a battery and to performing a test to the battery (battery test platform 12 accommodates batteries 1 and perform testing of batteries 1 in Fig. 1 and Fig. below; See [0020]-[0025]); and
an ignition device (ignition device 17/21 in Fig. 1 and Fig. below; See [0024]) configured to exhaust gases produced in the test chamber during the battery test while the exhaust gasses are in the battery testing system (21 breaks gases produced in test system, therefore it combusts exhaust gases in Fig. 1 and Fig. below; See [0024]).
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Frank teaches ignition device,
However Frank is silent about to combust exhaust gases; and a first gas inlet configured to introduce non-exhaust gases to the exhaust gases prior to combustion.
CN teaches regarding battery testing (See abstract) wherein ignition device to combust exhaust gases (See [0029]); a first gas inlet (blower 808; See [0028]) configured to introduce non-exhaust gases to the exhaust gases prior to combustion (gas inlet 808 introduces air for thorough combustion, therefore 808 introduces non-exhaust gases air prior to combustion; See [0028]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank by using ignition device to combust exhaust gases and a first gas inlet configured to introduce non-exhaust gases to the exhaust gases prior to combustion, as taught by CN in order to achieve thorough combustion (CN; [0028]).
Regarding Claim 12, Frank teaches an exhaust gas treatment device (testing system for battery 1 in fig. 1 and Fig. below; See [0003]) operable in a test chamber (test chamber 14 in Fig. 1 and Fig. below; See [0020]-[0021]) for battery testing (battery test platform 12 accommodates batteries 1 and perform testing of batteries 1 in Fig. 1 and Fig. below; See [0020]-[0025]),
the exhaust gas treatment device (exhaust gas treatment device 18/17/34 in Fig. 1 and Fig. below) comprising:
an ignition device (ignition device 17/21 in Fig. 1 and Fig. below; See [0024]) configured to exhaust gases produced in the test chamber during a battery test while the exhaust gasses are in the test chamber (21 breaks gases produced in test system, therefore it combusts in Fig. 1 and Fig. below; See [0024]).
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Frank teaches ignition device,
However Frank is silent about to combust exhaust gases; and a first gas inlet configured to introduce non-exhaust gases to the exhaust gases prior to combustion.
CN teaches regarding battery testing (See abstract) wherein ignition device to combust exhaust gases (See [0029]); a first gas inlet (blower 808; See [0028]) configured to introduce non-exhaust gases to the exhaust gases prior to combustion (gas inlet 808 introduces air for thorough combustion, therefore 808 introduces non-exhaust gases air prior to combustion; See [0028]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank by using ignition device to combust exhaust gases and a first gas inlet configured to introduce non-exhaust gases to the exhaust gases prior to combustion, as taught by CN in order to achieve thorough combustion (CN; [0028]).
Claim(s) 2-4, 6-11 and 13-14 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Frank in view of CN further in view of Sculto et al. (Pub NO. US 2021/0270160 A1; hereinafter Sculto).
Regarding Claim 2, Frank in view of CN teaches the battery testing system of claim 1. Frank in view of CN is silent about further comprising: a filter configured to remove contaminants from exhaust gasses passing therethrough; and a vent configured to direct exhaust gasses through the filter and to direct an air stream in which a downstream direction is a direction in which air is guided through the filter, wherein the filter is downstream of the ignition device such that the ignition device is configured to combust the exhaust gases prior to the exhaust gases being directed through the filter.
Sculto teaches further comprising: a filter configured to remove contaminants from exhaust gasses passing therethrough (filter 22 in fig. 1; See [0014]); and a vent configured to direct exhaust gasses through the filter and to direct an air stream in which a downstream direction is a direction in which air is guided through the filter (See the vent between 20 and 22 to direct air stream to filter 22 in Fig. 1; See [0014]-[0020]), wherein the filter is downstream of the ignition device such that the ignition device is configured to combust the exhaust gases prior to the exhaust gases being directed through the filter (ignition device 10 combusts at 16 prior to filter 22 in Fig. 1; See [0012]-[0020]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using a filter configured to remove contaminants from exhaust gasses passing therethrough; and a vent configured to direct exhaust gasses through the filter and to direct an air stream in which a downstream direction is a direction in which air is guided through the filter, wherein the filter is downstream of the ignition device such that the ignition device is configured to combust the exhaust gases prior to the exhaust gases being directed through the filter, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 3, Frank in view of CN in view of Sculto teaches the battery testing system of claim 2. Frank in view of CN is silent about wherein the filter comprises a cyclone filter adjacent to and downstream of the ignition device.
Sculto further teaches wherein the filter comprises a cyclone filter adjacent to and downstream of the ignition device (filter 22 performs at high temperature regeneration of particles, therefore 22 is cyclone filter; See [0014]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using the filter comprises a cyclone filter adjacent to and downstream of the ignition device, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 4, Frank in view of CN in view of Sculto teaches the battery testing system of claim 3. Frank in view of CN is silent about further comprising a fine-particle filter downstream of the cyclone filter and configured to filter contaminants from exhaust gasses which have passed through the cyclone filter.
Sculto further teaches further comprising a fine-particle filter downstream of the cyclone filter and configured to filter contaminants from exhaust gasses which have passed through the cyclone filter (See [0014]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using a fine-particle filter downstream of the cyclone filter and configured to filter contaminants from exhaust gasses which have passed through the cyclone filter, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 6, Frank in view of CN in view of Sculto teaches the battery testing system of claim 2. Frank in view of CN is silent about further comprising a second gas inlet between the ignition device and the filter and configured to introduce non-exhaust gases to exhaust gases after the combustion thereof and prior to the combusted exhaust gases being directed through the filter.
Sculto further teaches further comprising a second gas inlet between the ignition device and the filter (second gas inlet 20 between 16 and 22 in Fig. 1; See [0013]) and configured to introduce non-exhaust gases to exhaust gases after the combustion thereof and prior to the combusted exhaust gases being directed through the filter (20 introduces non-exhaust gases/oxidation catalyst before going to filter 22 and after combustion from 16 in fig. 1; See [0013]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using a second gas inlet between the ignition device and the filter (second gas inlet 20 between 16 and 22 in Fig. 1; See [0013]) and configured to introduce non-exhaust gases to exhaust gases after the combustion thereof and prior to the combusted exhaust gases being directed through the filter, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 7, Frank in view of CN in view of Sculto teaches the battery testing system of claim 2. Frank further teaches wherein the ignition device comprises a first ignition device adjacent to the battery test platform (first ignition device is 17 adjacent to testing system 12 in Fig. 1).
Regarding Claim 8, Frank in view of CN in view of Sculto teaches the battery testing system of claim 7. Frank further teaches further comprising a hood structure affixed to a top portion of the test chamber (See hood structure 34 to top portion of structure 14 in Fig. 1) such that the vent are attached to the hood structure (vent 37 are attached to hood structure 34 in Fig. 1).
Frank in view of CN is silent about the filter.
Sculto teaches further comprising: a filter configured (filter 22 in fig. 1; See [0014]);.
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank and CN by using a filter, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 9, Frank in view of CN in view of Sculto teaches the battery testing system of claim 8. Frank further teaches wherein the ignition device further comprises a second ignition device mounted on the hood structure (second ignition device 15/28 in Fig. 1).
Regarding Claim 11, Frank in view of CN in view of Sculto teaches the battery testing system of claim 1. Frank further teaches further comprising a fire-resistant screen (protective housing 25 is fire resistance screen in Fig. 1; See [0021]-[0024]), wherein a wall of the test chamber comprises a grid wall (grid wall 31/32 in Fig. 1; See [0023]), and the fire-resistant screen covers at least part of the grid wall at an outer side thereof (25 covers gridwall 31/32 in Fig. 1; See [0023]).
Regarding Claim 13, Frank in view of CN teaches the exhaust gas treatment device of claim 12. Frank in view of CN is silent about further comprising: a filter configured to remove contaminants from gasses passing therethrough; and a vent configured to direct the exhaust gasses through the filter and to form a directed air stream in which a downstream direction is a direction in which air is guided through the filter, wherein the filter is downstream of the ignition device such that the ignition device is configured to combust exhaust gases prior to the exhaust gases being directed through the filter.
Sculto teaches further comprising: a filter configured to remove contaminants from exhaust gasses passing therethrough (filter 22 in fig. 1; See [0014]); and a vent configured to direct exhaust gasses through the filter and to direct an air stream in which a downstream direction is a direction in which air is guided through the filter (See the vent between 20 and 22 to direct air stream to filter 22 in Fig. 1; See [0014]-[0020]), wherein the filter is downstream of the ignition device such that the ignition device is configured to combust the exhaust gases prior to the exhaust gases being directed through the filter (ignition device 10 combusts at 16 prior to filter 22 in Fig. 1; See [0012]-[0020]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using a filter configured to remove contaminants from exhaust gasses passing therethrough; and a vent configured to direct exhaust gasses through the filter and to direct an air stream in which a downstream direction is a direction in which air is guided through the filter, wherein the filter is downstream of the ignition device such that the ignition device is configured to combust the exhaust gases prior to the exhaust gases being directed through the filter, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 14, Frank in view of CN in view of Sculto teaches the exhaust gas treatment device of claim 13. Frank in view of CN is silent about wherein the filter comprises a cyclone filter adjacent to and downstream of the ignition device.
Sculto further teaches wherein the filter comprises a cyclone filter adjacent to and downstream of the ignition device (filter 22 performs at high temperature regeneration of particles, therefore 22 is cyclone filter; See [0014]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using the filter comprises a cyclone filter adjacent to and downstream of the ignition device, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 16, Frank in view of CN in view of Sculto teaches the exhaust gas treatment device of claim 14. Frank in view of CN is silent about further comprising a second gas inlet between the ignition device and the filter and configured to introduce non-exhaust gases to exhaust gases after the combustion thereof and prior to the combusted exhaust gases being directed through the filter.
Sculto further teaches further comprising a second gas inlet between the ignition device and the filter (second gas inlet 20 between 16 and 22 in Fig. 1; See [0013]) and configured to introduce non-exhaust gases to exhaust gases after the combustion thereof and prior to the combusted exhaust gases being directed through the filter (20 introduces non-exhaust gases/oxidation catalyst before going to filter 22 and after combustion from 16 in fig. 1; See [0013]).
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by using a filter configured to remove contaminants from exhaust gasses passing therethrough; and a vent configured to direct exhaust gasses through the filter and to direct an air stream in which a downstream direction is a direction in which air is guided through the filter, wherein the filter is downstream of the ignition device such that the ignition device is configured to combust the exhaust gases prior to the exhaust gases being directed through the filter, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Regarding Claim 17, Frank in view of CN in view of Sculto teaches a method for exhaust gas treatment in the battery testing system as claimed in claim 1. Frank further teaches the method comprising:
performing a battery test procedure on a battery;
igniting exhaust gases produced during the battery test procedure to combust the exhaust gases;
Frank in view of CN is silent about guiding the combusted gases through a filter; and filtering pollutants from the guided combusted gases.
Sculto teaches guiding the combusted gases through a filter (filter 22 in fig. 1; See [0014]); and filtering pollutants from the guided combusted gases (filtering from guided combustion gas 16 in fig. 1; See [0014]);
Therefore it would have been obvious to one of ordinary skill before the effective filling date of the claimed invention was made to modify the system of Frank in view of CN by guiding the combusted gases through a filter; and filtering pollutants from the guided combusted gases, as taught by Sculto in order to achieve efficient testing of exhaust gas (Sculto; [0019]).
Allowable Subject Matter
Claim 10 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.
Regarding Claim 10, none of the prior art fairly teaches or suggests the battery testing system of claim 8, wherein the hood structure comprises a safety flap mounted on a top portion of the hood structure such that: when the vent is operated, the generated air stream forces the safety flap to a closed position against a safety outlet in the hood structure thereby directing the air stream to a gas outlet in the hood structure; and when the vent is not operated, the safety flap is released to an open position away from the safety outlet in the hood structure thereby permitting a flow of exhaust gases through the safety outlet in the hood structure, wherein the test chamber comprises an air inlet configured to provide air from outside the test chamber into the test chamber.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ZANNATUL FERDOUS whose telephone number is (571)270-0399. The examiner can normally be reached Monday through Friday 8am to 5pm (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rodak Lee can be reached at 571-270-5628. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZANNATUL FERDOUS/Examiner, Art Unit 2858
/LEE E RODAK/Supervisory Patent Examiner, Art Unit 2858