Prosecution Insights
Last updated: April 19, 2026
Application No. 16/963,662

Pouch-Type Secondary Battery Having Electrolytic Solution Supplement Recess Portion Formed Therein

Final Rejection §103
Filed
Jul 21, 2020
Examiner
KOROVINA, ANNA
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
LG Chem, Ltd.
OA Round
6 (Final)
29%
Grant Probability
At Risk
7-8
OA Rounds
4y 4m
To Grant
54%
With Interview

Examiner Intelligence

Grants only 29% of cases
29%
Career Allow Rate
101 granted / 345 resolved
-35.7% vs TC avg
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 4m
Avg Prosecution
45 currently pending
Career history
390
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
18.7%
-21.3% vs TC avg
§112
22.9%
-17.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 345 resolved cases

Office Action

§103
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 Applicant amended claim 15 and cancelled claim 12; claim 2 was previously cancelled. Thus, claims 1, 3-11, and 13-16 are pending and considered in the present Office action. The 112 rejections are withdrawn in view of the amendment. The 103 rejections are maintained. Applicant’s arguments are not persuasive for the reasons detailed below. Response to Arguments Applicant’s argument that Sang provides no motivation to modify Uhm because Sang includes a selectively permeable membrane between the electrode assembly and air bag cavity is not persuasive because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Sang was relied upon not for the membrane between the electrode assembly and air bag cavity, but rather why Uhm would have appreciated multiple second recess portions. Uhm uses the second recess portion as a buffer space for gas generated by the battery, thereby enhancing safety, see e.g., [0013 and 0017]. Like Uhm, Sang also uses the recess portions to accommodate gas generated by the electrode assembly; specifically, multiple recess portions are advantageous from the standpoint of safety because they more fully accommodate the gas generated by the electrode assembly. Thus, Uhm would have appreciated multiple second recess portions from the standpoint of more fully accommodating the gas generated in the electrode assembly, thereby improving safety. Applicant’s comments that the gas pockets of Kikuchi are used during the manufacturing process or that Kikuchi explicitly teaches not to allow electrolyte into the gas pockets are not persuasive because the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In this case, Kikuchi explains gas generated by the electrode assembly leads to an increased distance between the electrodes, thereby leading to a deterioration of battery characteristics; to avoid a deterioration of battery characteristics due to gas generation, Kikuchi appreciates multiple gas pockets to accommodate enough gas so the battery elements do not expand. Uhm would have appreciated multiple second recess portions from the stand point of avoiding deterioration of battery characteristics by accommodate enough gas so that battery element does not expand. Applicant further argues it would not be obvious to modify Uhm with Kikuchi’s sealing force parameters (i.e., first sealing line has a sealing force different from the second sealing line) because Kikuchi describes the sealing forces during the manufacturing process (e.g., activation); applicant also highlights Kikuchi’s removal of the first gas pocked and formation of a permanent seal, hence that the completed battery cell of Kikuchi does not retain both recess portions. Applicant’s arguments are not persuasive because Uhm intends to open the sealing line of the recess portion (i.e., for gas collection to improve safety, etc.) during activation and/or use, see page 8-9 of the last Office action. Further, as detailed above, Sang motivates Uhm to use multiple recess portions from the standpoint of safety because they would be expected to more fully accommodate the gas generated by the electrode assembly both during activation and in use; Kikuchi motivates Uhm to use multiple recess portions from the standpoint of avoiding deterioration of the battery characteristics by accommodating enough gas so the battery elements in the electrode assembly do no expand during activation or in use. Regardless of whether Kikuchi removes gas pockets, Uhm would still have appreciated sealing lines with different sealing forces to enable the opening of the gas pockets at different times, e.g., activation vs. a battery in use, for the purpose of collecting gas generated by the electrode assembly, thereby achieving safety either during activation or during battery use, or to avoid expansion of the battery elements during activation or in use, thereby preventing battery characteristics from deteriorating. Claim Rejections - 35 USC § 103 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, and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uhm et al. (US 2015/0037663, of record), in view of Sang et al. (CN 207116558), Zheng (CN 205828563), Yun (KR20130134963, of record), and Kikuchi (JP2016009677), hereinafter Uhm, Sang, Zheng, Yun and Kikuchi. Regarding Claim 1, Uhm suggests a pouch-type secondary battery (e.g., 100, Fig. 1, [0058]) comprising: an electrode assembly (e.g., 160) structure containing a separator interposed between a positive electrode and a negative electrode, see e.g., [0022]. Uhm further discloses a battery case (170) comprising a first portion configured to receive the electrode assembly (e.g., 130, see Fig. 1) and a second recess portion (180) configured to receive a supplementary electrolytic solution (see e.g., [0059]). Uhm utilizes the second recess portion for gas collection, thereby improving the safety of the battery ([0013, 0017]), but does not suggest the second portion is a plurality of second recess portions, wherein each of the plurality of second recess portions are located at different sides of the first recess portion. However, Sang states a single gas collecting chamber cannot fully accommodate the gas generation of the battery, thereby affecting battery safety; to more fully exhaust gas, the pouch battery includes a plurality of second recess portions (2, 2), wherein each of the plurality of second recess portions are located at different sides of the first recess portion (1), see e.g., Fig.1, and pages 2-3. It would be obvious to one having ordinary skill in the art for Uhm to utilize a plurality of second recess portions with the expectation of more fully accommodating the gas generated by the battery, thereby improving the safety of the battery, as suggested by Sang. Kikuchi too appreciates multiple gas pockets (2, see Fig. 2) to accommodate enough gas so the battery element does not expend (i.e., swelling leads to an increased distance between electrodes, thereby leading to deterioration of battery characteristics, [0003]), and to prevent the edge seal (3) from peeling (which interrupts the current of the battery cell, such that charging/discharging does not continue, [0004]), so that continued charge/discharge and long term cycle stability can be realized, and deterioration of battery characteristics can be prevented, see e.g., [0019, 0059, 0067]. It would further be obvious to one having ordinary skill in the art to utilize a plurality of second recess portions to maintain the charge/discharge reaction, such that the distance between the electrode is not increased, thereby preventing battery characteristics from deteriorating and long term cycle stability can be improved, as suggested by Kikuchi Uhm does not suggest a depth of the plurality of second recess portions has a size smaller than a depth of the first recess portion. Zheng suggests the depth of the second recess portion (airbag 3) is 0.3 times to 0.8 times the depth of the first recess portion (battery body 2), thereby conducive to storing electrolyte and preventing electrolyte overflow, which is beneficial to subsequent battery packaging and processing, see e.g., Fig. 1 and [0038]. Moreover, Yun shows a first recess portion (110, 200) and a second recess portion (120, 300); the second recess portion, which has a depth shorter than the first recess portion (110, 200), collects gas so that local differences in adhesion between electrode plates is not caused, thereby preventing cell deformation, and deterioration in performance and stability of the cell, see Fig. 2b-2d. It would be obvious to one having ordinary skill in the art the depth of the second recess portions are smaller than the depth of the first recess portions with the expectation of storing electrolyte and preventing electrolyte overflow which is beneficial for subsequent battery packaging and processing. Further, it would be obvious to one having ordinary skill in the art the second recess portion (gas collection pocket) has a depth shorter than the first recess portion (electrode assembly holding pocket) with the expectation of collecting gas formed by the electrode assembly, such that cell deformation, and deterioration in performance and stability, is prevented, as suggested by Yun. Finally, Kikuchi suggest the volume of the gas pockets can be selected (e.g., not too small and not too large) to prevent the overall size/dead space of the battery from increasing, [0067]. One of ordinary skill in the art would be motivated to minimize the depth of the gas pockets to minimize the overall size of the battery or dead space therein. Uhm was modified by Sang to suggest a plurality of second recess portions; each of the second recess portions (2) are separated by a sealing line (e.g., 8, 9), thus the prior art suggests a first sealing line and a second sealing line, Fig.1. Further, Uhm suggests a sealing line (150) between the second recess portion and the first recess portion which is configured to prevent the supplementary electrolytic solution received in the second recess portion from moving into the first recess portion until gas is generated during activation and/or use; that is, Uhm suggests the sealing line is opened to (a) allow the gas to leak to the first recess portion from the second recess portion, preventing leakage of gas, and/or to (b) prevent reduction in lifespan of the battery due to loss of electrolyte by introduction of the electrolyte into the cell from the second recess portion to the first recess portion, see e.g., [0019-0021, 0058-0060]. It would be obvious to one having ordinary skill in the art the battery of Uhm, as modified by Sang, includes a first sealing line and second sealing line, which are configured to prevent the supplementary electrolytic solution received in each of the plurality of second recess portions from moving into the first recess portion are formed between the first recess portion and each of the plurality of second recess portions, until gas is generated in the cell during activation and/or use, with the expectation of (a) allowing the gas to leak from first recess portion to the second recess portion, preventing leakage of gas, and/or to (b) prevent reduction in lifespan of the battery due to loss of electrolyte by introduction of the electrolyte into the cell in the first recess portion from the second recess portion when gas is generated in the cell (i.e., during activation and/or in use), as suggested by Uhm. Additionally, Kikuchi suggests second recess portions (2) are separated by sealing lines (e.g., 4) to prevent the electrolyte in the first section from migrating to the gas pockets, thereby maintaining constant battery characteristics, [0065]. It would be obvious to one having ordinary skill in the art the first sealing line and the second sealing line are configured to prevent supplementary electrolytic solution in the second recess portions from moving to the first recess portion, to maintain constant battery characteristics of the electrode assembly, as suggested by Kikuchi. Uhm suggests edge sealing portions (e.g., 140) of the battery case, the first sealing line, and the second sealing line (e.g., suggested by Uhm, and Sang) each have a sealing force and a width (e.g., area); the first sealing line and the second sealing line each have a smaller sealing strength (by controlling the area/width of the seal line) to enable rupturing of the sealing lines due to gas generation, whereby leakage of gas is prevented, and/or a reduction in lifespan of the battery due to loss of electrolyte is prevented, see e.g., [0013, 0019-0021] and Fig. Thus, Uhm suggests the width of the first sealing line and the second sealing line is less than the width of each of the edge sealing portions, such that sealing force of the first sealing line and the second sealing line is less than the sealing force of each of the edge sealing portions. Uhm does not suggest the sealing force of the first sealing line is different from the sealing force of the second sealing line, such that the first sealing line is configured to be opened, and then the second line is configured to be opened after a predetermined time. However, Kikuchi suggests a first recess portion (1) is separated/sealed (i.e., separation zone, seal 4) from a plurality of second recess portions (2, 2, Fig. 2); the second recess portions (2) collect gas formed in the first recess portion during various processes of battery manufacture (e.g., aging, initial charge/discharge), thereby preventing the deterioration of battery characteristics, see e.g., abstract, [0008, 0019, 0055-0063, 0069-0071]). Moreover, Kikuchi suggests the battery includes a first gas pocket corresponding to the manufacturing process, and preferably a second gas pocket, different from the first gas pocket, for later gas storage; the peal strength of the second gas pocket is greater than the first gas pocket, thereby simplifying the manufacturing process and allowing storage of the gas at a later time, [0071]. Kikuchi suggests the second recess portions (2, 2) have a first sealing line (4) and an second sealing line (4), respectively, having a sealing force less than the edge sealing portions (3); the sealing force of the first sealing line is different from the sealing force of the second sealing line, such that the first sealing line is configured to be opened, and then the second line is configured to be opened after a predetermined time, thereby allowing gas to be stored later and the manufacturing process is simplified. It would be obvious to one having ordinary skill in the art the sealing force of the first sealing line is different from the sealing force of the second sealing line, such that the first sealing line is configured to be opened, and then the second line is configured to be opened after a predetermined time, from the stand point of storing the gas at a later time and to simplify the manufacturing process, as suggested by Kikuchi. Regarding Claim 3, Uhm was modified by Sang, Zheng, Yun and Kikuchi. The combination suggests the first sealing line and the second sealing line is configured to opened to allow the supplementary electrolyte solution to move to the first recess portion, when the first and second sealing lines are open, with the expectation of preventing leakage of gas, and/or to prevent reduction in lifespan of the battery due to loss of electrolyte, see e.g., [0019-0021, 0058-0060 of Uhm]. Regarding Claim 4, Uhm was modified by Sang, Zheng, Yun and Kikuchi. Both Uhm and Kikuchi suggest the sealing states of the edge sealing portions of the battery case are maintained when each of the plurality of sealing lines is opened given the edge seals have a strength greater than the seals between the recess portions, see rejection of claim 1. Further, Kikuchi suggests the edge seal (3) should be maintained so that current is not interrupted and the battery may continue charging/discharging, [0004]. It would be obvious to one having ordinary skill in the art the sealing states of the edge sealing portions of the battery case are maintained when each of the plurality of sealing lines is opened so that current is not interrupted and the battery can continue to charge/discharge. Regarding Claims 5 and 6, Uhm was modified by Sang, Zheng, Yun, and Kikuchi; the prior art suggests the battery case is provided with a first-direction sealing portion parallel to a first-direction edge of the battery case at which an electrode tab is located and a second-direction sealing portion perpendicular to the first-direction sealing portion, and one of the plurality of second recess portions is located between the second-direction sealing portion and the first recess portion (see e.g., Uhm Fig. 1, Sang Fig. 1, Kikuchi Fig. 2). Further, the prior art suggests the battery case is provided with the first-direction sealing portion parallel to the first-direction edge of the battery case at which an electrode tab is located and the second-direction sealing portion perpendicular to the first-direction sealing portion, and another one of the plurality of second recess portions is located between the first-direction sealing portion and the first recess portion, see e.g., Fig. 2 of Kikuchi. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uhm, Sang, Zheng, Yun and Kikuchi, further in view of Sawada (US 2017/0222197, of record), hereinafter Sawada. Regarding Claim 15, Uhm does not suggest a battery pack or how the cells are oriented therein. However, Sawada suggests a battery pack (1) comprising pouch-type secondary batteries (2, 2’) stacked in a state (N direction) in which a second recess portion (8) is disposed above the first recess portion (6), see e.g., Figs.1-3. The stack efficiently houses the gas generated by the battery in the second recess portion (8) and prevents back flow of the gas, [0101]. It would be obvious to one having ordinary skill in the art to stack the cells such that the second recess portions are above the first recess portions with the expectation of the gas generated in the electrode assembly is efficiently housed in the second recess portion and does not flow back to the first recess portions, as suggested by Sawada. The modification of Uhm (which was previously modified by Sang, Zheng, Yun and Kikuchi,) with Sawada suggests the supplementary electrolytic solutions in the second recess portion is configured to flow into the first recess portion. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uhm, Sang, Zheng, Yun and Kikuchi further in view of Sasaki (JP2013178950, of record) and Nagai (US 20130337305, of record), hereinafter Sasaki and Nagai. Regarding Claim 16, Uhm does not suggests an amount of the supplementary electrolytic solution received in the plurality of second recess portions is 10% to 20% of a total amount of an electrolytic solution injected into the first recess portion. However, Sasaki indicates the amount of electrolyte used in the second recess portion is selected to meet battery run time (e.g., used for a long period of time) without decreasing the performance of the battery due to the depletion of electrolyte, [0006, 0008, 0030, 0047]. Nagai suggests an excess amount of electrolyte should fall in a range of 5-20% to prevent electrolyte depletion/shortage such that capacity degradation due to high temperature cycling is reduced and to address durability at low temperature cycling, [0005]-[0009]. It would be obvious to one having ordinary skill in the art the second recess portion holds 5-20 % extra electrolyte with respect to what is held in the electrode assembly in the first recess portion with the expectation of preventing a decrease in performance based on the desired run time of the battery, as suggested by Sasaki and Nagai. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi (CN105742526), in view of Li (CN103050645, of record), Uhm (US 2015/0037663, of record), Gong (CN103840217, of record) and Yang (KR 20100118394, of record), hereinafter Hiroshi, Li, Uhm, Gong, and Yang. Interpreted according to instant Figure 6. Regarding Claim 7, Hiroshi describes a method of manufacturing a pouch-type secondary battery (see Figs.), the method comprising: a step of forming a first portion (21) and a second portion (30, 41) in a battery case sheet (1) to hold the electrode assembly (23) and gas, respectively. Hiroshi does not disclose using a first punch and a second punch to form the first recess portion and second recess portion for the electrode assembly and gas, respectively. However, Li forms a first recess portion (11) for the battery and a second recess portion (12, i.e., air bag) in a battery case sheet using a first punch and a second punch (i.e., two punching heads), thereby allowing gas generated during the formation process to be easily released, see e.g., [0015, 0039]; the punching is followed by sealing, [0040]. It would be obvious to one having ordinary skill in the art the first portion (21) and second portion (30, 41) of Hiroshi are punched with a first punch and a second punch, respectively, prior to sealing, to form a first recess portion and a second recess portion, respectively, thereby holding the electrode assembly and gas, with the expectation of allowing the gas generated in the electrode assembly during the formation process to be easily released, as suggested by Li. Further, Hiroshi describes a first sealing step of sealing first-direction sealing portions located at opposite sides (31, 32) and a second-direction sealing portion located at one side (33), except for a second-direction sealing portion located at another side which is oriented in a direction in which an electrolytic solution is injected (see Fig. 1(A)-1(B), [0065-0066]), a second sealing step of forming a sealing line (25, 26) between the first recess portion (21) and the second recess portion (i.e., 30, 41, see e.g., Fig. 1(B), [0066]), a step of injecting an electrolytic solution into the first recess portion (21, i.e., via nozzle 40, see e.g., Fig. 1(B), [0067]), and a third sealing step of temporarily sealing the second-direction sealing portion (37) at the another side which is oriented in the direction in which the electrolytic solution is injected, see Fig. 1(C) and [0069], so that activation (i.e., chemical conversion, [0071]) can be performed ([0005, 0063-0072]). Hiroshi does not suggest a step of injecting an electrolytic solution into the second recess portion (30, 41), wherein the step of injecting the electrolytic solution into the second recess portion (30, 41) is performed after the second sealing step (25, 26) but before a fourth sealing step which includes sealing a final sealing portion disposed on an opposite side of the second recess portion from the sealing line. However, Uhm suggests it is desirable to prevent deterioration of battery performance and gas/electrolyte leaks when the battery is subjected to activation and/or in use, [0005, 0013]. Specifically, Uhm suggests a battery case 170 including two pockets separated by a seal 150; the first pocket holds the electrode assembly 160 and the second pocket (180) holds extra electrolyte, e.g., [0058-0059], Fig. 1; when the battery is activated or in use (which is understood by one of ordinary skill in the art as following the activation step) the seal (150) between the two pockets, having a lower sealing strength that the seals around the case 170 ([0060]), opens to either move gas from the first pocket to the second pocket, thereby preventing leakage of gas, or prevents the reduction in lifespan of the battery cell due to loss of an electrolyte (in light of the additional electrolyte in the second pocket 180), e.g., [0059, 0062]. Gong suggests a battery having two pockets (7, 8); the first pocket (7) encapsulates (seals) an electrode assembly (i.e., winding core, see [0013, 0018, 0026], claim 1 and Fig.) and the second pocket (8), sealed and separated from the first pocket by a seal (3, encapsulation layer) which has a strength less than the seal around the battery, see e.g., [0014, 0019, 0026], claim 2. Electrolyte is injected (i.e., via secondary injection) into the second pocket after the battery is formed (encapsulated); the second pocket (8) is thereafter sealed/packaged, thereby forming two isolated pockets, [0026]. During battery bloating, the seal (3) between the first and second pockets is opened to replenish the electrolyte of the electrode assembly, thereby eliminating insufficient electrolyte (i.e., electrolyte shortage), deterioration in battery capacity and cycle performance, and increased internal resistance, see e.g., [0008, 0011, 0019]. It would be obvious to one having ordinary skill in the art to include a step of injecting an electrolytic solution into the second recess portion before the activation process (which was after the second sealing step forming seals 25, 26) with the expectation of providing pressure relief, eliminating electrolyte shortage during battery bloating, eliminating deterioration of battery capacity and cycle performance, and eliminating increased internal resistance. After the battery activation process, Yang suggests cutting the third seal (temporary seal 162, Fig. 3-4) to release the gas from the activation step, thus it would be obvious to one having ordinary skill in the art to remove the temporarily sealed portion 137 of Hiroshi by cutting. After activation Uhm and Gong suggest injecting the electrolytic solution into the second recess portion (hence, after the second sealing step 25, 26 of Hiroshi) with the expectation of providing pressure relief, eliminating electrolyte shortage during battery bloating, eliminating deterioration of battery capacity and cycle performance, and eliminating increased internal resistance during battery use. Hiroshi, as modified by Yang, Uhm, and Gong suggests a fourth sealing step (after activation and after filling the second recess portion with additional electrolyte to prepare the battery for use) which includes a final sealing portion disposed on an opposite side of the second recess portion from the sealing line. In view of the foregoing, the modification of Hiroshi with Li, Uhm, and Gong suggests the battery is capable of electrolyte replenishment during use thereof. Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hiroshi, Li, Uhm, Gong, and Yang, further in view of Zheng (CN 205828563), and Yun (KR20130134963, of record), hereinafter Zheng and Yun. Interpreted according to instant Figure 6. Regarding Claim 9, Hiroshi does not suggest whether the second recess portion is formed shorter than the second direction length of the first recess portion. Zheng suggests the depth of the second recess portion (airbag 3) is 0.3 times to 0.8 times the depth of the first recess portion (battery body 2), thereby conducive to storing electrolyte and preventing electrolyte overflow, which is beneficial to subsequent battery packaging and processing, see e.g., Fig. 1 and [0038]. Moreover, Yun shows a first recess portion (110, 200) and a second recess portion (120, 300); the second recess portion, which has a height shorter than the first recess portion (110, 200), collects gas so that local differences in adhesion between electrode plates is not caused, thereby preventing cell deformation, and deterioration in performance and stability of the cell, see Fig. 2b-2d. It would be obvious to one having ordinary skill in the art the height of the second recess portion is smaller than the height of the first recess portion with the expectation of storing electrolyte and preventing electrolyte overflow which is beneficial for subsequent battery packaging and processing, and because there is an expectation of collecting gas formed by the electrode assembly, such that cell deformation, and deterioration in performance and stability, is prevented, as suggested by Yun. Hiroshi was modified by Li, Uhm, Gong and Yang in the rejection of claim 7 (and Oh, cited above for the length of the second recess portion with respect to the first recess portion); the combination suggests the first sealing step and the second sealing step are performed after the step of forming the first recess portion and the second recess portion (see rejection of claim 7, e.g., [0040] of Li), wherein the second sealing step (forming 25, 26) includes sealing only between the first recess portion and the second recess portion (see rejection of claim 7, and figures of Hiroshi); the steps of injecting the electrolytic solution into the first recess portion (see e.g., Hiroshi, Fig. 1(B)) and the second recess portion (suggested by Uhm and Gong, both for the activation step or for use) are performed after the second sealing step (25, 26, Hiroshi suggests electrolyte is injected after the sealing steps forming seals 25, 26); the third sealing step (i.e., forming 137) is performed after the steps of injecting the electrolyte solution and includes performing third sealing (Fig. 1C of Hiroshi) for temporarily sealing (in preparation for activation/chemical conversion treatment), and performing an activation process and a degassing process (e.g., [0005, 0104] of Hiroshi) which involves removing the temporary seal by cutting (see Yang under the rejection of claim 7). The fourth sealing is performed after the activation and after additional electrolyte is added to the second recess portion (e.g., secondary injection in Gong, see also Uhm) when the battery is ready for use; the fourth sealing is adjacent to the second recess portion (see e.g., Gong and Uhm). Regarding Claim 10, Hiroshi does not suggest whether the first sealing step and the second sealing step are simultaneously performed. However, one of ordinary skill in the art would appreciate the time efficiency associated with performing multiple steps at once. Regarding Claim 11, Hiroshi suggests the second recess portion (30, 41) is located between the second direction sealing portion (37) and the first recess portion (21). Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (KR 20100118394, of record), in view of Li (CN103050645, of record), Uhm (US 2015/0037663, of record), and Gong (CN103840217, of record), hereinafter Yang, Li, Uhm and Gong. Interpreted according to instant Figure 3. Regarding Claim 7, Yang describes a method of manufacturing a pouch-type secondary battery, the method comprising: a step of forming a first recess portion (i.e., 120, electrode assembly 110 accommodating portion) using a first punch (i.e., die/punch), see pages 5 and 8/21. Yang discloses a second portion (i.e., 160, Fig. 3, page 8/21) for gas collection but does not disclose the second portion is a second recess portion formed using a second punch; however, Li forms a first recess portion (11) for the battery and a second recess portion (12, i.e., air bag) in a battery case sheet using a first punch and a second punch (i.e., two punching heads), followed by subsequent sealing ([0039-0040]), thereby allowing gas generated during the formation process to be easily released, see e.g., see also [0015, 0036-0037]. It would be obvious to one having ordinary skill in the art the gas collection region of Yang is punched with a second punch, then followed by subsequent sealing, to form a second recess portion with the expectation allowing gas generated during the formation process to easily release, as suggested by Li. After placing the electrode assembly 110 into the first recess 120, Yang suggests a first sealing step of sealing first-direction sealing portions located at opposite sides and a second-direction sealing portion located at one side (140), except for a second-direction sealing portion (150) located at another side which is oriented in a direction in which an electrolytic solution is injected and a step of injecting an electrolytic solution into the first recess portion (i.e., 120, see e.g., page 8, Fig. 2). Thereafter, Yang suggests a third sealing step (162, Fig. 3) of temporarily sealing the second-direction sealing portion at the another side which is oriented in the direction in which the electrolytic solution is injected (note: seal 162 is temporary because it is later cut in Fig. 4 to release gas after an activation step). After the activation step, Yang suggests a second sealing step of forming a sealing line (171) between the first recess portion and the second recess portion to finish the battery in preparation for use, page 8/21, Fig. 5. Yang does not suggest a step of injecting an electrolytic solution into the second recess portion, wherein the step of injecting the electrolytic solution into the second recess portion is performed after the second sealing step but before a fourth sealing step which includes sealing a final sealing portion disposed on an opposite side of the second recess portion from the sealing line. However, Uhm suggests it is desirable to prevent deterioration of battery performance and gas/electrolyte leaks when the battery is subjected to activation and/or in use, [0005, 0013]. Specifically, Uhm suggests a battery case 170 including two pockets separated by a seal 150; the first pocket holds the electrode assembly 160 and the second pocket (180) holds extra electrolyte, e.g., [0058-0059], Fig. 1; when the battery is in use (which is understood by one of ordinary skill in the art as following the activation step) the seal (150) between the two pockets, having a lower sealing strength that the seals around the case 170 ([0060]), opens to either move gas from the first pocket to the second pocket, thereby preventing leakage of gas, or prevents the reduction in lifespan of the battery cell due to loss of an electrolyte (in light of the additional electrolyte in the second pocket 180), e.g., [0059, 0062]. Gong suggests a battery having two pockets (7, 8); the first pocket (7) encapsulates (seals) an electrode assembly (i.e., winding core, see [0013, 0018, 0026], claim 1 and Fig.) and the second pocket (8), sealed and separated from the first pocket by a seal (3, encapsulation layer) which has a strength less than the seal around the battery, see e.g., [0014, 0019, 0026], claim 2. Electrolyte is injected (i.e., via secondary injection) into the second pocket after the battery is formed (encapsulated); the second pocket (8) is thereafter sealed/packaged, thereby forming two isolated pockets, [0026]. During battery bloating, the seal (3) between the first and second pockets is opened to replenish the electrolyte of the electrode assembly, thereby eliminating insufficient electrolyte (i.e., electrolyte shortage), deterioration in battery capacity and cycle performance, and increased internal resistance, see e.g., [0008, 0011, 0019]. It would be obvious to one having ordinary skill in the art to include a step of injecting an electrolytic solution into the second recess portion, wherein the step of injecting the electrolytic solution into the second recess portion is performed after the second sealing step but before a fourth sealing step which includes sealing a final sealing portion disposed on an opposite side of the second recess portion from the sealing line, as suggested by Uhm and Gong, with the expectation of providing pressure relief, eliminating electrolyte shortage during battery bloating, eliminating deterioration of battery capacity and cycle performance, and eliminating increased internal resistance. The modification of Yang with Li, Uhm, and Gong suggests the battery is capable of electrolyte replenishment during use thereof. Regarding Claim 8, Yang was modified by Li, Uhm and Gong (see rejection of claim 7). The combination suggests the first sealing step is performed after the step of forming the first recess portion and the second recess portion (suggested by Yang and Li); the step of injecting the electrolytic solution into the first recess portion is performed after the first sealing step (suggested by Yang); the third sealing step (temporary seal) is performed after the step of injecting the electrolytic solution into the first recess portion (Yang); the second sealing step (formed after battery activation) is performed after the third sealing step (formed to perform the activation of the battery); and the step of injecting the electrolytic solution into the second recess portion includes cutting the second-direction sealing portion temporarily sealed at the third sealing step, injecting an electrolytic solution into the second recess portion, and forming a second-direction sealing portion oriented in a direction in which the electrolytic solution is injected (i.e., fourth sealing step), see rejection of claim 7 further in view of Uhm and Gong. Claim(s) 7, 9, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mingzhe (KR 20130044705), Li (CN103050645, of record), Sasaki (JP2013178950, of record), Lee (US 2007/0072071), Yang (KR 20100118394, of record), and Uhm (US 2015/0037663, of record), hereinafter Mingzhe, Li, Sasaki, Lee, Yang, and Uhm. This set of claims is interpreted in view of instant Fig. 8 Regarding Claim 7, Mingzhe suggests a method of manufacturing a pouch-type secondary battery, the method comprising forming a first portion (which holds electrode assembly 110), see e.g., Fig. 3-4, [0022]) and a second portion (210, see e.g., [0024]). Mingzhe does not suggest suggests a step of forming a first recess portion and a second recess portion in a battery case sheet using a first punch and a second punch; however, Li forms a first recess portion (11) to accommodate the battery assembly and a second recess portion (12, i.e., air bag) for gas collection in a battery case sheet using a first punch and a second punch (i.e., two punching heads), followed by sealing, thereby allowing gas generated during the formation process to be easily released, see e.g., [0015, 0038-0039]. It would be obvious to one having ordinary skill in the art the first recess portion is punched with a first punch to accommodate the battery assembly and a second punch is used to form the second recess portion with the expectation of allowing gas generated during the formation process to easily release, as suggested by Li. Mingzhe suggests placing the electrode assembly (110) into the first recess portion, i.e., left of the center line CL, see e.g., Fig. 3, [0021-0022]; thereafter, Mingzhe performs a first sealing step of sealing first-direction sealing portions located at opposite sides (i.e., “left side” of 220, fold 240, see e.g., [0023-0024]) and a second-direction sealing portion located at one side (e.g., “lower side” of 220, see e.g., [0023-0024]), except for a second-direction sealing portion (i.e., “upper side” of 200, open part 250, see e.g., [0024]) located at another side which is oriented in a direction in which an electrolytic solution is injected (see e.g., Fig. 4,), and a step of injecting an electrolytic solution into the first recess portion, see e.g., Fig. 4, [0026]. Mingzhe does not suggest a second sealing step of forming a sealing line between the first recess portion and the second recess portion, a step of injecting an electrolytic solution into the second recess portion, wherein the step of injecting the electrolytic solution into the second recess portion is performed after the second sealing step, and that the battery is capable of electrolyte replenishment during use thereof. However, Sasaki suggests a battery package that includes a first recess 105 (space A1) for the electrode assembly 101 and a second recess 106 (space A2) separated by a thermal weld performed to form passage 108 (208,209) that enables gas generated in the first space A1 to move to the second space, or enables the refill of electrolyte from the second space A2 to the first space A1 as electrolyte is consumed by the battery, [0028, 0026]. After the thermal weld is formed between the first recess (105, space A1) and the second space (106, space A1), except for channel 108 which allows electrolyte/gas movement, electrolyte is filled into the first recess 105 (space A1) and the second recess 106 (space A2) through the side portion that is not heat sealed (i.e., insertion portion, [0029]). It would be obvious to one having ordinary skill in the art to perform a second sealing step of forming a sealing line between the first recess portion and the second recess portion, and a step of injecting an electrolytic solution into the second recess portion, wherein the step of injecting the electrolytic solution into the second recess portion is performed after the second sealing step, as suggested by Sasaki, to enable gas generated by the electrode assembly to move to the second recess step, or to enable the refill of electrolyte from the second recess step to the first recess step when electrolyte is consumed. While the electrolyte in Sasaki is filled into the first recess portion and second recess portion through the side including the tabs (131, 132, see e.g., [0029]), Lee suggests the side used to fill the battery with electrolyte preferably has few obstacles through which the electrolyte must pass, [0072]; thus, it would be obvious to one having ordinary skill in the art to fill the electrolyte into the first and second recess portions (105, 106) through open part 250 of Mingzhe to reduce the number of obstacles through which the electrolyte must pass. Mingzhe does not suggest a third sealing step of temporarily sealing the second-direction sealing portion at the another side which is oriented in the direction in which the electrolytic solution is injected; however, Sasaki suggest sealing the opening used to inject electrolyte into the first recess portion and the second recess portion so that the assembly and electrolyte inside the package 102 is sealed and ready for use. It would be obvious to one having ordinary skill in the art to seal the second direction sealing portion used to inject the electrolyte (as suggested by Mingzhe in view of Sasaki and Lee) to seal the electrode assembly and electrolyte in the container and enable the battery for use. While the prior art suggests a third sealing step, there is no suggestion of whether sealing the second-direction sealing portion is temporary. However, Yang suggests performing an activation process to form the necessary SEI film prior to using the final cell; specifically, a seal (162) is opened (Figs. 3-4) to allow the gas formed during battery activation to be removed (and/or to removed/replenished the electrolyte), see e.g., page 6-7/21. It would be obvious to one having ordinary skill in the art the second-direction seal is temporarily sealed to enable an activation process (and/or electrolyte replenishment), thereby forming the necessary SEI film. Up to this point, the modification of Mngzhe with Yang has left the second direction sealing portion open in light of the activation process performed prior to manufacture of the final cell; thus, the cell in not in final form. However, Uhm shows a battery cell having a final form that is ready for use. Uhm suggests a cell having two pockets; a pocket for the electrode assembly 260 and a pocket 280 for additional electrolyte (or gas) separated by a sealing line 250 between the pockets; the sealing line 250 has a strength lower than the other sealing portions so as to open to allow gas formed during activation or use to move to pocket 280, thereby preventing the leakage of gas. The battery is fully sealed around the perimeter, thereby suggesting a fourth sealing step that includes a final sealing portion (e.g., seal 240 on the right in Fig. 2) disposed on an opposite side of the second recess portion (280) from the sealing line (250), [0058-0062]. The fully sealed cell enables the extra electrolyte in space 250 to prevent reduction in lifespan due to loss of electrolyte, or prevent leakage of gas because it can move to space 280, [0062]. It would be obvious to one having ordinary skill in the art for the modified battery of Mingzhe to include a final sealing step forming a sealing portion, after activation, to allow the use of the battery such that leakage of gas is prevented because gas can move to the space below the space holding the electrode assembly, or to prevent reduction lifespan due to loss of electrolyte, provided electrolyte from the second pocket can move the electrode assembly, (suggested by Uhm ([0062]) and Sasaki (Figs. 3-4, [0036, 0039-0042])). The injection of the of electrolyte into the second recess portion occurs before the activation step (Uhm, i.e., [0005, 0013]) or during the activation step (Yang), and the fourth sealing step occurs after the activation step (i.e., to form the final form of the cells); thus, the prior art suggests the step of injecting the electrolytic solution into the second recess portion is performed before a fourth sealing step. Regarding Claim 9, Mingzhe suggest the second recess portion is formed shorter than the second direction length of the first recess portion, e.g., Figs. 4-5; see also Sasaki Fig. 3-4 and Uhm Fig. 2, where there is an expectation of gas collection and/or electrolyte storage when the length of the second recess portion is shorter than that of the first recess portion in the second direction length. Further regarding Claim 9, Mingzhe was modified by Li, Sazaki, Lee, Yang, and Uhm in the rejection of claim 7; the combination suggests the first sealing step and the second sealing step are performed after the step of forming the first recess portion and the second recess portion (Li), wherein the second sealing step includes sealing only between the first recess portion and the second recess portion; the steps of injecting the electrolytic solution into the first recess portion and the second recess portion are performed after the second sealing step (see rejection of claim 7 over Sasaki and Lee); and the third sealing step is performed after the steps of injecting the electrolyte solution and includes performing third sealing for temporarily sealing, performing an activation process and a degassing process, performing the fourth sealing so as to be adjacent to at least one of the first recess portion and the second recess portion, and removing the temporarily sealed portion by cutting (see rejection of claim 7 Sasaki, Yang and Uhm). Regarding Claim 13, Mingzhe (as modified by Sasaki) suggests the second recess portion is located between the first-direction sealing portion and the first recess portion, see e.g., Fig. 3 of Sasaki and Fig. 5 of Minzhe. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mingzhe, Li, Sasaki, Lee, Yang, and Uhm, further in view of Fujishima (US 20180309092), hereinafter Fujishima. This set of claims is interpreted in view of instant Fig. 8 Regarding Claim 14, Mingzhe does not suggests a process of bending the second direction sealing portion. However, Fujishima suggests bending sealing portions minimizes the volume of the portions that do not contribute to cell function and minimizes the volume of the pouch battery, [0028, 0049, 0099]. It would be obvious to one having ordinary skill in the art the second direction sealing portion of the battery is bent to minimize the volume of the pouch battery. 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 ANNA KOROVINA whose telephone number is (571)272-9835. The examiner can normally be reached M-Th 7am - 6 pm. 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, Ula Ruddock can be reached at 5712721481. 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. /ANNA KOROVINA/Examiner, Art Unit 1729 /ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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Prosecution Timeline

Jul 21, 2020
Application Filed
Feb 24, 2023
Non-Final Rejection — §103
May 02, 2023
Applicant Interview (Telephonic)
May 02, 2023
Examiner Interview Summary
Jun 01, 2023
Response Filed
Aug 15, 2023
Final Rejection — §103
Nov 07, 2023
Applicant Interview (Telephonic)
Nov 14, 2023
Examiner Interview Summary
Dec 22, 2023
Request for Continued Examination
Dec 29, 2023
Response after Non-Final Action
Feb 09, 2024
Non-Final Rejection — §103
May 16, 2024
Response Filed
Sep 05, 2024
Final Rejection — §103
Nov 21, 2024
Applicant Interview (Telephonic)
Nov 21, 2024
Examiner Interview Summary
Dec 06, 2024
Request for Continued Examination
Dec 09, 2024
Response after Non-Final Action
May 01, 2025
Non-Final Rejection — §103
Jul 23, 2025
Applicant Interview (Telephonic)
Jul 25, 2025
Examiner Interview Summary
Aug 07, 2025
Response Filed
Oct 16, 2025
Final Rejection — §103 (current)

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

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7-8
Expected OA Rounds
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Grant Probability
54%
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4y 4m
Median Time to Grant
High
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