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
In response to the amendment received December 1, 2025:
Claims 5-15 and 18-23 are pending. Claims 1-4 and 16-17 have been cancelled as per applicant’s request.
The core of the previous rejection is maintained with slight changes made in light of the amendment in view of Ota et al. (US 2017/0025646).
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 1, 2025 has been entered.
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.
Claims 5-8, 12-15, 18, 20 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2021/0399282) in view of Armacanqui et al. (US 2020/0303727) and Ota et al. (US 2017/0025646).
Regarding Claim 5, Huang et al. teaches a battery cell that is prismatic cell (Para. [0022]) comprising a housing (Fig. 1, #6) containing a porous metallic zinc anode (Para. [0023] and Fig. 1, #13) (i.e. a sheet-shaped cell comprising a sheet-shaped outer case and a power generation element contained in the sheet-shaped outer case, the power generation element comprising a negative electrode) a cathode (Fig. 1, #12) (i.e. a positive electrode), and a separator (Fig. 1, #3), an aqueous electrolyte such as alkaline electrolyte, electrolyte salts such as zinc sulfide and zinc cyanide and combinations thereof (Para. [0051]) (i.e. the aqueous electrolyte solution is an aqueous solution which contains an electrolyte salt and an alkaline electrolyte solution) wherein the anode is a substrate (such as copper, Para. [0031]) coated by zinc (Para. [0030]) wherein the zinc coating layer is applied via electrodeposition (Para. [0031]) and the porous metallic zinc anode is a foil (Para. [0006]) (i.e. the negative electrode comprises an electrolytic zinc foil) wherein zinc is an active metal element (Para. [0021]) (i.e. as an active material layer) wherein a tab (Fig. 6, #62) formed of copper (Para. [0036]) may provide an electrical connection between an external source and the tab (Para. [0034]) (i.e. a negative electrode external terminal).
Huang et al. does not teach a zinc alloy containing 0.001% by mass or more of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy containing 0.001% by mass or more of Bi as an alloy component) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Huang et al. does not teach a sheet-shaped outer case that is flexible wherein the sheet-shaped cell has a flexibility.
However, Ota et al. teaches a battery cell (Fig. 1B, #101) comprising a metal case (Fig. 5, #560) (i.e. outer case) that has certain mechanical flexibility (Para. [0144]) (i.e. that is flexible).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sheet-shaped outer case of Huang et al. to incorporate the teaching of having a certain mechanical flexibility as taught by Ota et al., as the outer case would be more impact resistant (Para. [0144]). Thus, the sheet-shape cell of modified Huang et al. would have a flexibility.
Regarding Claim 6, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. further teaches the pH of the aqueous electrolyte solution can vary from 0-15 (Para. [0051]) (i.e. overlapping with the claimed range of the aqueous electrolyte solution having a pH of less than 7). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Regarding Claim 7, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. does not teach a zinc alloy containing 0.002% to 0.644% by mass or more of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy containing 0.02% by mass of Bi as an alloy component, within the claimed range of 0.002 to 0.644%) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Regarding Claim 8, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. does not teach the electrolytic zinc foil does not contain indium or contains 0.04% by mass or less of indium.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising indium as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy containing 0.02% by mass of In, which is less than 0.04% by]) mass) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising indium at a concentration of 200 ppm (i.e. 0.02% by mass of indium, which is less than 0.04% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Regarding Claim 12, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. further teaches the battery (i.e. the sheet-shaped cell) (Fig. 1, #10) is a primary battery (Para. [0026]).
Regarding Claim 13, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. does not teach a zinc alloy containing 0.2% by mass or less of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy containing 0.02% by mass of Bi as an alloy component) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Regarding Claim 14, Huang et al. teaches a battery cell that is prismatic cell (Para. [0022]) comprising a housing (Fig. 1, #6) containing a porous metallic zinc anode (Para. [0023] and Fig. 1, #13) (i.e. a sheet-shaped cell comprising a sheet-shaped outer case and a power generation element contained in the sheet-shaped outer case, the power generation element comprising a negative electrode) a cathode (Fig. 1, #12) (i.e. a positive electrode), and a separator (Fig. 1, #3), an aqueous electrolyte such as alkaline electrolyte, electrolyte salts such as zinc sulfide and zinc cyanide and combinations thereof (Para. [0051]) (i.e. the aqueous electrolyte solution is an aqueous solution which contains an electrolyte salt and an alkaline electrolyte solution) wherein a zinc sheet is used alone as the electrode (Para. [0023], [0036], [0073]) and the porous metallic zinc anode is a foil (Para. [0006]) (i.e. the negative electrode consists of a zinc foil).
Huang further teaches a zinc coating layer is applied via electrodeposition (Para. [0031]). The combination of the known method of forming a zinc layer via electrodeposition with the metallic zinc anode which is a foil (i.e. zinc layer) forming the electrode alone would yield the predictable result of a zinc sheet forming an electrode alone continuing to operate in the same manner. Therefore it would have been obvious to one having ordinary skill in the art at the time the claimed invention was filed to combine the known method of forming a zinc layer via electrodeposition with the metallic zinc anode which is a foil (i.e. zinc layer) forming the electrode alone as the combination would yield the predictable result of a zinc sheet forming an electrode alone. The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Huang et al. does not teach a zinc alloy containing 0.001% by mass or more of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy containing 0.001% by mass or more of Bi as an alloy component) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Huang et al. does not teach a sheet-shaped outer case that is flexible wherein the sheet-shaped cell has a flexibility.
However, Ota et al. teaches a battery cell (Fig. 1B, #101) comprising a metal case (Fig. 5, #560) (i.e. outer case) that has certain mechanical flexibility (Para. [0144]) (i.e. that is flexible).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sheet-shaped outer case of Huang et al. to incorporate the teaching of having a certain mechanical flexibility as taught by Ota et al., as the outer case would be more impact resistant (Para. [0144]). Thus, the sheet-shape cell of modified Huang et al. would have a flexibility.
Regarding Claim 15, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 14.
Huang et al. does not teach a zinc alloy containing 0.2% by mass or less of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy containing 0.02% by mass of Bi as an alloy component) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Regarding Claim 18, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. teaches the porous metallic zinc anode is a foil (Para. [0006]) (i.e. the negative electrode comprises an electrolytic zinc foil) wherein zinc is an active metal element (Para. [0021]) (i.e. as an active material layer) wherein a tab (Fig. 6, #62) formed of copper (Para. [0036]) may provide an electrical connection between an external source and the tab (Para. [0034]) (i.e. a negative electrode external terminal).
Huang et al. further teaches using the zinc sheet alone as the electrode (Para. [0023], [0036], [0073]) wherein the zinc sheet comprises a substrate (such as copper, Para. [0031]) coated by zinc (Para. [0030]) wherein the zinc coating layer is applied via electrodeposition (Para. [0031]) (i.e. an electrolytic zinc foil)
Since Huang et al. discloses several embodiments in a single disclosure, it would be within the skill of one of ordinary skill in the art to look to the additional embodiments disclosed by Huang et al. to provide additional functionality to the cell, such that the negative electrode alone comprises the zinc sheet formed of copper coated with electrolytically deposited zinc, such that the tab is formed of copper coated with zinc (i.e. a part of the electrolytic zinc foil constitutes a negative electrode external terminal) and the ability to avoid the use of a separate current collector (i.e. separate tab material) outside of zinc would allow for reduced cost and weight for the resulting battery (Para. [0036]).
Regarding Claim 20, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 14.
Huang et al. does not teach a zinc alloy containing 0.002% to 0.644% by mass or more of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy composed of 0.02% by mass of Bi as an alloy component, within the claimed range of 0.002 to 0.644%) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Regarding Claim 22, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. does not teach a zinc alloy containing 0.01% by mass or more of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy composed of 0.02% by mass of Bi as an alloy component, within the claimed range of 0.01% or more) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Regarding Claim 23, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 14.
Huang et al. does not teach a zinc alloy containing 0.01% by mass or more of Bi as an alloy component.
However, Armacanqui et al. teaches an alkaline electrochemical battery (Para. [0005]) comprising a zinc anode (Para. [0041]) wherein the anode active material is a zinc alloy (Para. [0044]) comprising bismuth as main alloying elements at a concentration of 200 ppm (i.e. zinc alloy composed of 0.02% by mass of Bi as an alloy component, within the claimed range of 0.01% or more) (Para. [0046]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the zinc coating layer of Huang et al. to incorporate the teaching of zinc alloy comprising bismuth at a concentration of 200 ppm (i.e. 0.02% by mass), as it would provide electrochemical cells of improved performance characteristics (Para. [0073]) such as enhanced discharge performance (Para. [0054]) and reliability (Para. [0070], lines 8-11).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2021/0399282) in view of Armacanqui et al. (US 2020/0303727) as applied to claim 5 above, and further in view of Lee et al. (US 2016/0133882).
Regarding Claim 9, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. does not teach the sheet-type outer case is formed of a resin film comprising an electrically insulating moisture barrier layer.
However, Lee et al. teaches a pouch-type case for a secondary battery (i.e. a sheet-type cell outer case) formed of a resin layer (i.e. resin film) acting as an insulating layer blocking moisture penetration (i.e. comprising an electrically insulating moisture barrier layer) (Para. [0025]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Huang et al. as modified by Armacanqui et al. to incorporate the teaching of the pouch-type case as taught by Lee et al., as it would prevent the degradation of performance of the battery due to moisture penetration cause by corrosion during charge and discharge, improving the electrical performance of the secondary battery (Para. [0013]).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2021/0399282) in view of Armacanqui et al. (US 2020/0303727) as applied to claim 5 above, and further in view of Zhamu et al. (US 2017/0062869).
Regarding Claim 10, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. further teaches the cathode (i.e. positive electrode) is a carbon electrode (Para. [0037], lines 22-26) and the cathode current collector is sheet-shaped (Fig. 1, #1). Huang et al. does not teach a positive electrode comprises a carbon sheet as a current collector.
However, Zhamu et al. teaches an alkali metal battery (Para. [0017]) wherein the anode active material may be zinc (Para. [0038]) and a cathode current collector comprises a conductive foam structure (Para. [0023]) which is graphite fiber foam (i.e. a positive electrode comprises a carbon sheet as a current collector) (Para. [0032]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sheet-shaped carbon current collector Huang et al. as modified by Armacanqui et al. to incorporate the teaching of the graphite fiber foam cathode current collector as taught by Zhamu et al., as the porous carbon sheet could accommodate a large proportion of active materials and liquid electrolyte (Para. [0024], [0086]) providing high active material mass loading, high volumetric capacitance and high volumetric energy density (Para. [0083]).
Regarding Claim 11, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 10.
Huang et al. further teaches the cathode (i.e. positive electrode) is a carbon electrode (Para. [0037], lines 22-26) and the cathode current collector is sheet-shaped (Fig. 1, #1). Huang et al. does not teach a positive electrode comprises a carbon sheet as a current collector wherein the carbon sheet is a porous carbon sheet made of fibrous carbon.
However, Zhamu et al. teaches an alkali metal battery (Para. [0017]) wherein the anode active material may be zinc (Para. [0038]) and a cathode current collector comprises a conductive foam structure (Para. [0023]) which is graphite fiber foam (i.e. a positive electrode comprises a carbon sheet as a current collector wherein the carbon sheet is a porous carbon sheet made of fibrous carbon) (Para. [0032]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sheet-shaped carbon current collector Huang et al. as modified by Armacanqui et al. to incorporate the teaching of the graphite fiber foam cathode current collector as taught by Zhamu et al., as the porous carbon sheet could accommodate a large proportion of active materials and liquid electrolyte (Para. [0024], [0086]) providing high active material mass loading, high volumetric capacitance and high volumetric energy density (Para. [0083]).
Claims 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (US 2021/0399282) in view of Armacanqui et al. (US 2020/0303727) as evidenced by Mukai et al. (WO 2005/055345A). The English machine translation of Mukai et al. is attached and is referenced below.
Regarding Claim 19, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 5.
Huang et al. further teaches the anode is a substrate (such as copper, Para. [0031]) coated by zinc (Para. [0030]) wherein the zinc coating layer is applied via electrodeposition (Para. [0031]) and the porous metallic zinc anode is a foil (Para. [0006]) (i.e. the negative electrode comprises an electrolytic zinc foil). Thus, the electrolytic zinc foil as taught by Huang et al. formed via electrodeposition (i.e. by electrolysis) would be expected to have one side of the electrolytic zinc foil be smoother than the other side as evidenced by Mukai et al. which teaches a foil produced by electrolysis has smooth glossy surface on one side and an uneven matte surface on the other side (i.e. one surface of a foil is smoother than the other side when formed by electrolysis) (Para. [0076], [0089]). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01(I).
Regarding Claim 21, Huang et al. as modified by Armacanqui et al. teaches all of the elements of the invention in claim 14.
Huang et al. further teaches the anode is a substrate (such as copper, Para. [0031]) coated by zinc (Para. [0030]) wherein the zinc coating layer is applied via electrodeposition (Para. [0031]) and the porous metallic zinc anode is a foil (Para. [0006]) (i.e. the negative electrode comprises an electrolytic zinc foil). Thus, the electrolytic zinc foil as taught by Huang et al. formed via electrodeposition (i.e. by electrolysis) would be expected to have one side of the electrolytic zinc foil be smoother than the other side as evidenced by Mukai et al. which teaches a foil produced by electrolysis has smooth glossy surface on one side and an uneven matte surface on the other side (i.e. one surface of a foil is smoother than the other side when formed by electrolysis) (Para. [0076], [0089]). Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01(I).
Response to Arguments
Applicant's arguments filed December 1, 2025 have been fully considered but they are not persuasive.
Applicant argues the prismatic cell of Huang does not correspond to “sheet-shaped” and as Armacanqui fails to teach “electrolytic” there is no reasonable predictability for one skilled in the art to modify Huang in view of Armacanqui.
Examiner respectfully disagrees. As the cell of Huang (Fig. 1 , #10) has a sheet shape, the cell reads on a sheet-shaped cell. Regarding Armacanqui failing to teach “electrolytic”, Armacanqui is not relied upon for teaching the feature of electrolytic. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). It is unclear why the anode of Armacanqui must necessarily be an electrolytic anode in order for there to be a reasonable predictability. As Armacanqui teaches a zinc anode (Para. [0041]) and alkaline electrolyte including potassium hydroxide (Para. [0056]), as in Huang (Para. [0021] and [0058]) there is a reasonable expectation of success. Thus, the argument is not persuasive.
Applicant argues the benefits of Armacanqui are directed towards a gelled anode and there is no reasonable basis for one skilled in the art to expect whether to obtain the same or similar effects if the gelled anode including particulate anode active material is changed into a porous metallic zinc anode of foil of Huang, Armacanqui fails to teach reduction in gas generation due to Bi, and Armacanqui has relatively low surface discontinuity as opposed to Huang which has significant surface discontinuity and thus, one skilled in the art would not expect to obtain the benefits of Armacanqui by modifying Huang.
Examiner respectfully disagrees. Armacanqui further teaches the reduction in leakage (which leads to increased reliability) is the result of the use of HF [high-fines] zinc along with an optimized concentration of KOH. Huang et al. also teaches an alkaline electrolyte including potassium hydroxide (Para. [0056]). The HF zinc as taught by Armacanqui is a zinc powder containing bismuth (Para. [0088], [0008], [0045]). Thus, there is a reasonable expectation of success. Obviousness does not require absolute predictability, only a reasonable expectation of success, i.e., a reasonable expectation of obtaining similar properties. See MPEP 2144.08. Furthermore, it is unclear why the differences between the possible spherical particles formed in Armacanqui and the anode of Huang preclude the beneficial effects of incorporating the zinc alloy material as taught by Armacanqui, as for example, increased packing density can provide the improved/enhanced discharge performance (Para. [0054]). Thus, the argument is not persuasive.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claim.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
Conclusion
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729