Prosecution Insights
Last updated: April 18, 2026
Application No. 18/283,562

VACUUM HOPPER PRECHARGER

Non-Final OA §103§112
Filed
Sep 22, 2023
Examiner
INSLER, ELIZABETH
Art Unit
1774
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Tm Plaza Co. Ltd.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
92%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
348 granted / 524 resolved
+1.4% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
40 currently pending
Career history
564
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
33.9%
-6.1% vs TC avg
§112
26.4%
-13.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 524 resolved cases

Office Action

§103 §112
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. Drawings Figure 1, 2 and 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to because the lines of the figures and the reference numbers are blurry and make it unclear what the individual structures are delimited and where the reference numbers are pointing. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The disclosure is objected to because of the following informalities: the specification refers to “patent document 1”, “patent document 2” and “patent document 3”, but fails to recite what the actual patent documents are. If the documents are referring to actual patent publications, with specific figures as referred to figures 1, 2, and 3, those specific patent publications should be included. Appropriate correction is required. Claim Objections Claim 4 is objected to because of the following informalities: in line 4, “hollow 861” should read --hollow (861)-- . 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 appl icant regards as his invention. Claim 7 is 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. Claim 7 recites the limitation "the fixer" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claim(s) 1- 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung ( KR 10-1957503) (with page and line numbers referring to machine translation) in view o f Kim ( KR10-0690026B1 ) (with page and line numbers referring to machine translation) . Regarding claim 1, Jung discloses A vacuum hopper precharger (figures 3-4, reference #10) comprising: a base frame ( reference # 20) having a lower plate fixed to a ground (reference #23) , an upper plate ( top of reference #20, not labeled ) formed at ends of support bars ( reference #24 ) that are formed upward from a top of the lower plate ( reference #23 ), and an intermediate plate formed on the support bars (figures 4 and 4, see middle section, not labeled) ); a tray located on a top of the intermediate plate ( see figures 3 and 4, area and parts surrounding reference #100, not labeled ), and adapted such that a plurality of secondary batteries are seated therein (reference #100) ; a gas removal part installed on a bottom of the upper plate of the base frame, and intended to remove gas inside the secondary batteries ( reference #30 ); charging parts (50) each installed over the lower plate (21) of the base frame (20), and intended to charge the secondary batteries (100); a control unit intended to control the gas removal part, the charging parts, and the moving parts ( reference #50 ). However, the reference does not explicitly disclose the charging parts each installed over the lower part of the base frame and intended to charge the secondary battery. While the reference discloses moving parts fixed to the intermediate plate and intended to move the gas removal part (reference #40), the reference does not explicitly disclose wherein the moving parts are intended to move the charging parts vertically. Kim teaches another precharger of a battery with gas removal (abstract; figure 1). The reference teaches charging parts each installed over the lower plate of the base frame and intended to charge the secondary batteries (reference #40 ; page 3, lines 16-28; page 4, lines 6-9; page 5, lines 11-13) ; and moving parts fixed to the intermediate plate and intended to move the gas removal part and the charging parts vertically ( reference #31, 23, 25 35a, 40; page 3, lines 19-20; page 4, lines 31-45; page 5, lines 7-16 ). It would have been obvious to one of ordinary skill in the art before the time of filing to provide the charging parts of Kim on the lower plage of Jung; and modify the moving parts of Jung to move both the gas removal part and the charging parts vertically, as taught by Kim . One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach precharger s of a battery with gas removal . One of ordinary skill in t he art would be motivated to provide a char g ing part and moving parts that moves both the charging part and gas removal part to the tray with batteries because it moves the charging parts and gas removal part to line up with the batteries/cells for recharging the batteries/cells and removing the gas when needed and then moves the charging parts and gas removal part out of the way when not needed so it doesn’t interfere with the operation of the batteries/cells ( Kim page 3, lines 16-28 ; page 4, lines 6-9 ; page 4, lines 31-45; page 5, lines 7-16 ). Regarding claim 2, Jung in view of Kim discloses all the limitations as set forth above. The reference as modified further discloses wherein the gas removal part comprises a fixing part installed on a bottom of the upper plate (reference #60 and 61; page 4, lines 5-6); and a vacuum hopper coupled to the bottom of the fixing part and intended to remove gas inside the secondary batteries (reference #70). Regarding claim 3 , Jung in view of Kim discloses all the limitations as set forth above. The reference as modified further discloses wherein the vacuum hopper comprises : a coupling bar coupled to the bottom of the fixing part ( reference #71) a vacuum manifold coupled to a bottom of the coupling bar ( reference #72 ), and provided with a plurality of vacuum holes that are formed to penetrate from a top surface to a bottom surface (reference #721) ; a cover formed to cover a top of the vacuum manifold ( reference #73 ); couplers coupled to front surfaces of both sides of the vacuum manifold, adapted to communicate with the vacuum holes of the vacuum manifold ( reference #74 ), and connected to a vacuum pump (reference # 732 and an air pump on one side thereof (reference #733 ; a connecting pipe adapted to connect between the couplers ( reference #75 ); vacuum nozzles each formed in a cylindrical shape having a hollow formed therein, coupled through a bottom of the vacuum hole of the vacuum manifold, and adapted to store an electrolyte sucked from the secondary battery ( reference #76 and 761 ); opening/closing elements each adapted such that a top thereof is coupled to the cover, inserted through a top of the vacuum hole of the vacuum manifold, adapted such that a bottom thereof is formed in a size corresponding to the hollow of the vacuum nozzle and is located in an upper part of the vacuum nozzle, and configured to allow the upper hollow of the vacuum nozzle to be selectively opened and closed in response to a vertical movement of the vacuum nozzle ( reference #77 ); and a support holder adapted such that a top thereof is coupled to both side ends of the vacuum manifold and a bottom thereof is intended to support lower portions of the vacuum nozzles ( reference #78 ). Regarding claim 4 , Jung in view of Kim discloses all the limitations as set forth above. The reference as modified further discloses wherein each of the vacuum nozzles comprises: a body formed in a cylindrical shape (reference #763) having a hollow formed therein (reference #761) , provided with stop protrusions on an upper portion of an outer peripheral surface thereof (reference #762) so that the body is inserted through the bottom of the vacuum hole of the vacuum manifold (figure 10, reference #721) , and adapted to store the electrolyte sucked from the secondary battery ( figure 10, “electrolyte” ); an O-ring formed on the stop protrusion of the body, and intended to seal the vacuum hole of the vacuum manifold ( reference #764 ); an elastic member formed under the stop protrusions of the body ( reference #765 ); a fixer formed under the elastic member, and adapted to prevent the elastic member from being separated (reference #766) ; and a pad coupled to an end of the body, and adapted to come into close contact with a top of the secondary battery ( reference #767 ). Regarding claim 5 , Jung in view of Kim discloses all the limitations as set forth above. The reference as modified further discloses wherein the vacuum hopper comprises: a coupling bar coupled to a bottom of the fixing part (reference #71) a vacuum manifold coupled to a bottom of the coupling bar (reference #72), and provided with a plurality of vacuum depressions that are formed from a lower portion to an upper portion (reference #721); a communications pipe formed to allow the vacuum depressions of the vacuum manifold to communicate with each other (reference #75); couplers coupled to front surfaces of both sides of the vacuum manifold, adapted to communicate with the vacuum depressions of the vacuum manifold (reference #74), and connected to a vacuum pump (reference #732 and an air pump on one side (reference #733; vacuum nozzles each formed in a cylindrical shape having a hollow formed therein, coupled through a bottom of the vacuum depression of the vacuum manifold, and adapted to store an electrolyte sucked from the secondary battery (reference #76 and 761); and a support holder adapted such that a top thereof is coupled to both ends of the vacuum manifold and a bottom thereof is intended to support lower portions of the vacuum nozzles (reference #78). Regarding claim 6 , Jung in view of Kim discloses all the limitations as set forth above. The reference as modified further discloses wherein each of the vacuum nozzles comprises: a body formed in a cylindrical shape (reference #763) having a hollow formed therein (reference #761), provided with a through hole that is formed on an outer circumferential surface of the upper side, and so that the body is inserted through the bottom of the vacuum hole of the vacuum manifol d , and adapted to store the electrolyte sucked from the secondary battery (figure 10, “electrolyte”); an O-ring formed i n a top of the hollow of the body and adapted to come into close contact with an inner circumferential surface of the cover body and seal the vacuum depression of the vacuum manifold (reference #764); an elastic member formed under the cover body (reference #765); a fixer formed on a lower portion of the body and adapted to prevent the elastic member from being separated (reference #766); and a pad coupled to an end of the body, and adapted to come into close contact with a top of the secondary battery (reference #767). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung in view of Kim as applied to claim 1 above, and further in view of Choe ( KR 10-1865134B1 ) (with page and line numbers referring to machine translation) . Regarding claim 7, Jung in view of Kim discloses all the limitations as set forth above. Kim further discloses the base frame has an auxiliary frame installed below the intermediate plate (reference #40) and negative/positive electrode probes installed in the fixer of the auxiliary frame intended to charge the secondary battery (reference #45). However, the reference as modified does not explicitly disclose temperature sensors installed in the fixer of the auxiliary frame, and connected to the control unit to check the temperature of the secondary battery; and negative/positive electrode probes installed in the fixer of the auxiliary frame, and intended to charge the secondary battery. Choe teaches another vacuum system for batteries (title). The reference teaches the base frame has an auxiliary frame installed below the intermediate plate (reference #131) ; and each of the charging parts comprises: temperature sensors installed in the fixer of the auxiliary frame, and connected to the control unit to check the temperature of the secondary battery (reference #13). It would have been obvious to one of ordinary skill in the art before the time of filing to provide the temperature control system of Choe on base from of Jung . One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach vacuum systems for batteries . One of ordinary skill in t he art would be motivated to provide the temperature control system because the temperature of the secondary battery is continuously increased from heat generated during charging and discharging of the secondary battery and the temperature control system monitors the temperature of the battery and system and provides cooling fluid when the temperature of the battery gets too hot to maintain a set temperature to ensure the battery does not become damaged ( Choe page 5). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ELIZABETH INSLER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-0492 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 9:00am-5:00pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Claire X Wang can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-1051 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ELIZABETH INSLER/ Primary Examiner, Art Unit 1774
Read full office action

Prosecution Timeline

Sep 22, 2023
Application Filed
Mar 24, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
92%
With Interview (+25.8%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 524 resolved cases by this examiner. Grant probability derived from career allow rate.

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