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
Amendments have been entered. Amendments do overcome the 102 rejection, but do not overcome the rejection as previously set forth in non-final office action mailed 02/05/2026 .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over (CN-107579174-A) hereinafter referred to as ‘Hu’ in view of (CN-108448041-B) hereinafter referred to as ‘Chang’
Regarding Claim 1,
Hu teaches a battery core assembly (Hu, “The invention relates to the field of lithium ion batteries, in particular to an ultra-long cycle life high energy density”, pg. 1), comprising an encapsulation film and an electrode core assembly, wherein the electrode core assembly is arranged in an accommodating cavity defined by the encapsulation film (Hu, battery top seal area, 20, Fig. 2) and the electrode core assembly comprises at least one electrode core; and the electrode core assembly comprises a first electrode lead-out member and a second electrode lead-out member for current output (see annotated figure below),
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and a cap is arranged in the accommodating cavity at a first end portion of the electrode core assembly (Hu, tab protections spacer, 40, Fig. 3) the first end portion of the electrode core assembly has the first electrode lead-out member, the cap comprises an electrode lead-out hole penetrating, wherein the electrode lead out hole penetrates through the cap, the first electrode lead-out member passes through the electrode lead-out hole arranged on the cap, and the cap comprises a first liquid reservoir (Hu, “The invention protects the spacer 40 by the built-in ear protection with the liquid storage function, and increases the electrolyte retention without affecting the volumetric energy density of the battery.”, see pg.2) (see annotated figure below).
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Hu does not teach the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support, and the tab support has a hollow cavity, the hollow cavity has an opening on at least one cavity wall to communicate with the electrode lead-out hole on the cap, and the hollow cavity forms a second liquid reservoir storing an electrolyte solution.
Chang teaches the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support (Chang, positive pole and negative pole, 202 and 203, Fig. 4) , and the tab support has a hollow cavity, the hollow cavity has an opening on at least one cavity wall to communicate with the electrode lead-out hole on the cap (see annotated figure below)
Chang teaches that the support helps achieve parallel and series connections in the cell’s assembly (Chang, “four positive poles 203 and four negative poles 202 to realize parallel and series connection of the cells in the module. In other embodiments, the busbar can be electrically connected to different numbers of poles to form battery modules in different series and parallel forms.”, pg. 4).
Hu and Chang are analogous as they are both of the same field of battery assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cell arrangement as taught in Hu with the cell support as taught in Chang in order to allow for the cells to be arranged in series or in parallel.
Modified Hu does not teach wherein the and the hollow cavity forms a second liquid reservoir.
Hu teaches that cavities for liquid storage can benefit the battery through increasing electrolyte retention (Hu, “The invention protects the spacer 40 by the built-in ear protection with the liquid storage function, and increases the electrolyte retention without affecting the volumetric energy density of the battery.”, see pg.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tab support in Modified Hu as a liquid reservoir to further increase electrolyte retention without affecting energy density.
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Regarding Claim 2,
Modified Hu teaches the battery core assembly according to claim 1, wherein an electrolyte solution is disposed in the accommodating cavity; the first liquid reservoir is a recess recessed from an outer surface of the cap to an interior of the cap; and the first liquid reservoir communicates with the accommodating cavity (Hu, reservoir cavity, 42, Fig. 4) (Hu, “Wherein, the tab protection spacer 40 is provided with one or more cavities 42 for liquid storage, and one or more reinforcing sheets 44 are disposed therein”, see pg. 2).
Regarding Claim 3,
Modified Hu teaches the battery core assembly according to claim 2, wherein the cap and the encapsulation film are coupled to allow the first liquid reservoir to communicate with the accommodating cavity (Hu, “The volume of the liquid storage cavity 42 accounts for 20 to 95% of the outer volume of the ear protection spacer 40, and the cavity cannot be closed, and the opening faces the battery main body to ensure normal inflow and outflow of the electrolyte.”, see pg.2)
Regarding Claim 4,
Modified Hu teaches the battery core assembly according to claim 2, wherein the first liquid reservoir comprises a plurality of reinforcing ribs to divide the first liquid reservoir into a plurality of liquid storage units (Hu, reinforcing sheets, 44, Fig. 4)
Regarding Claim 5,
Modified Hu teaches the battery core assembly according to claim 2, wherein a length of the at least one electrode core extends along a first direction, and a thickness of the at least one electrode core extends along a second direction perpendicular to the first direction, and the cap comprises a plurality of first liquid reservoirs including the first liquid reservoir, and the plurality of first liquid reservoirs are arranged along the second direction (see annotated figure below).
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Regarding Claim 24,
Hu teaches a battery, comprising a casing (Hu, “The invention relates to the field of lithium ion batteries, in particular to an ultra-long cycle life high energy density”, pg. 1), and at least one battery core assembly encapsulated in the casing, wherein the at least one battery core assembly comprises an encapsulation film (Hu, battery top seal area, 20, Fig. 2) and an electrode core assembly, and wherein the electrode core assembly is arranged in an accommodating cavity defined by the encapsulation film, and the electrode core assembly comprises at least one electrode core; and the electrode core assembly comprises a first electrode lead-out member and a second electrode lead-out member for current output (see annotated figure below), the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support, and the tab support has a hollow cavity
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, and a cap is arranged in the accommodating cavity at a first end portion of the electrode core assembly (Hu, tab protections spacer, Fig. 3), the first end portion of the electrode core assembly having the first electrode lead-out member, the cap comprises an electrode lead-out hole penetratingThe invention protects the spacer 40 by the built-in ear protection with the liquid storage function, and increases the electrolyte retention without affecting the volumetric energy density of the battery.”, see pg.2) (see annotated figure below).
Hu does not teach the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support, and the tab support has a hollow cavity, the hollow cavity has an opening on at least one cavity wall to communicate with the electrode lead-out hole on the cap, and the hollow cavity forms a second liquid reservoir storing an electrolyte solution.
Chang teaches the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support (Chang, positive pole and negative pole, 202 and 203, Fig. 4) , and the tab support has a hollow cavity, the hollow cavity has an opening on at least one cavity wall to communicate with the electrode lead-out hole on the cap (see annotated figure below)_
Chang teaches that the support helps achieve parallel and series connections in the cell’s assembly (Chang, “four positive poles 203 and four negative poles 202 to realize parallel and series connection of the cells in the module. In other embodiments, the busbar can be electrically connected to different numbers of poles to form battery modules in different series and parallel forms.”, pg. 4).
Hu and Chang are analogous as they are both of the same field of battery assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cell arrangement as taught in Hu with the cell support as taught in Chang in order to allow for the cells to be arranged in series or in parallel.
Modified Hu does not teach wherein the and the hollow cavity forms a second liquid reservoir.
Hu teaches that cavities for liquid storage can benefit the battery through increasing electrolyte retention (Hu, “The invention protects the spacer 40 by the built-in ear protection with the liquid storage function, and increases the electrolyte retention without affecting the volumetric energy density of the battery.”, see pg.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tab support in Modified Hu as a liquid reservoir to further increase electrolyte retention without affecting energy density.
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Regarding Claim 25,
Modified Hu does not teach a battery pack, comprising a plurality of batteries, wherein each of the plurality of batteries comprises the battery.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery as taught in Hu to have multiple parts as an obvious duplication of parts to increase capacity (see MPEP 2144.04 (VI)(B)).
Claims 6-12, 15-21, 23, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over (CN-107579174-A) hereinafter referred to as ‘Hu’ in view of (CN-108448041-B) hereinafter referred to as ‘Chang’ (US-20210036295-A1) hereinafter referred to as ‘Park.’
Regarding Claim 6,
Modified Hu teaches the battery core assembly according to claim 1, wherein the electrode core assembly comprises an electrode core assembly body and two electrode lead-out members electrically connected to the electrode core assembly body, and a length of the electrode core assembly body extends along a first direction (see annotated figure below);
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Modified Hu does not teach the two electrode lead-out members are respectively led out from two opposite end portions of the electrode core assembly body in the first direction; and the battery core assembly comprises two caps including the cap, and the two caps are respectively arranged at the two opposite end portions of the electrode core assembly body in the first direction.
Park teaches the two electrode lead-out members are respectively led out from two opposite end portions of the electrode core assembly body in the first direction; and the battery core assembly comprises two caps including the cap, and the two caps are respectively arranged at the two opposite end portions of the electrode core assembly body in the first direction. (Park, “Also, such a pouch type battery cell may be a bidirectional drawn-out battery cell in which a pair of electrode leads 11 including an electrode lead of a first polarity and an electrode lead of a second polarity are drawn-out in opposite directions”, see [0049]).
Park teaches that this method arrangement reduces components and defects (Park, “According to an aspect of the present disclosure, since there is no application of an additional component, manufacturing of a battery module and battery pack is simplified and a defect rate is reduced.”, see [0030]).
Modified Hu and Park are analogous as they are both of the same field of battery arrangements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tab arrangement as taught in Modified Hu to have the tab arrangement as taught in Park in order to simplify the assembly process and reduce the risk of contact between tabs with opposite polarity.
Regarding Claim 7,
Modified Hu teaches the battery core assembly according to claim 6, wherein a length of the at least one electrode core extends along the first direction, and a thickness of the at least one electrode core extends along and a second direction perpendicular to the first direction (see annotated figure below).
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Modified Hu does not teach a battery pack, and the electrode core assembly body comprises at least two electrode cores including the at least one electrode core,
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery as taught in Hu to have multiple parts as an obvious duplication of parts to increase capacity (see MPEP 2144.04 (VI)(B)).
Regarding Claim 8,
Modified Hu teaches the battery core assembly according to claim 7, wherein two adjacent electrode cores of the at least two electrode cores are connected in parallel (Park, “Furthermore, the battery module may have parallel and/or serial electric connection between the battery cells,”, see [0004]), each of the at least two electrode cores comprises an electrode core body and two tabs, and the two tabs have opposite polarities and are electrically connected to the electrode core body, wherein the two tabs are respectively arranged at two opposite ends of the electrode core body in the first direction, and two adjacent tabs having a same polarity respectively of the two adjacent electrode cores are located on a same end of the electrode core body, and the two adjacent tabs are electrically connected (Park, “electrode leads 11 including an electrode lead of a first polarity and an electrode lead of a second polarity are drawn-out in opposite directions”, see [0049]).
Regarding Claim 9,
Modified Hu teaches wherein the electrode core assembly body further comprises a tab support located on the end portions of the electrode core assembly body (Chang, positive pole and negative pole, 202 and 203, Fig. 4) , and the tab support is electrically connected to and is disposed between the two adjacent tabs; and the first electrode lead-out member is electrically connected to the tab support (Chang, “when the battery unit 1 is electrically connected, the two positive tabs 112 and the negative tabs 11 of the two cells 103 in the fixed frame 102 are respectively arranged on both sides of the corresponding positive pole 203 and the negative pole 202”, see pg. 4).
Regarding Claim 10,
Modified Hu teaches the battery core assembly according to claim 9, wherein the tab support is connected to the first electrode lead-out member and a corresponding tab on different surfaces of the tab support (Chang, “ parallel to the sides of the positive pole 203 and the negative pole 202. The positive pole 203 and the negative pole 202 maintain a flat and vertical initial state, and the tabs are welded to the side walls of the poles by a laser beam to achieve surface contact and electrical connection between the tabs and the poles, wherein the positive tabs 112 are welded to the positive pole 203, and the negative tabs 111 are welded to the negative pole 202”, see pg. 4).
Regarding Claim 11,
Modified Hu the battery core assembly according to claim 9, wherein the tab support comprises two first surfaces opposite to each other, and the two adjacent tabs are respectively attached to the two first surfaces of the tab support (see annotated figure below).
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Regarding Claim 12,
Modified Hu teaches the battery core assembly according to claim 11, support comprises the two first surfaces, a third surface and a fourth surface located between the two first surfaces, and the third surface faces the electrode core body; and the tab support is connected to the first electrode lead-out member through the fourth surface, wherein the tab support is a square piece (see annotated figure below)
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Regarding Claim 15,
Modified Hu the battery core assembly according to claim 11, wherein the tab support is a U-shaped piece having an opening, the U-shaped piece comprises two opposite side walls and a bottom wall between the two opposite side walls, and outer surfaces of the two opposite side walls are the two first surfaces respectively (Chang, “The positive pole 203 and the negative pole 202 are U-shaped sheet metal plates made of the same metal material.”, see pg. 4).
Regarding Claim 16,
Modified Hu teaches the battery core assembly according to claim 15, wherein the opening of the U-shaped piece faces the electrode core body, and the tab support electrically connected to the first electrode lead-out member through the bottom wall (see annotated figure below).
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Regarding Claim 17,
Modified Hu the battery core assembly according to claim 15, wherein the opening of the U-shaped piece faces the cap, and the tab support electrically connected to the first electrode lead-out member through one of the side walls (see annotated figure below)
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Regarding Claim 18,
Modified Hu teaches the battery core assembly according to claim 15, wherein the opening of the U-shaped piece communicates with the electrode lead-out hole on the cap (Chang, “positive pole 203, and the positive pole ear 112 and the positive pole 203, and the negative pole ear 111 and the negative pole 202 are welded by a laser beam to form a metallurgical bond.”, see pg. 3) and an cavity in the U-shaped piece forms a second liquid reservoir.
Modified Hu does not teach wherein the and the hollow cavity forms a second liquid reservoir.
Hu teaches that cavities for liquid storage can benefit the battery through increasing electrolyte retention (Hu, “The invention protects the spacer 40 by the built-in ear protection with the liquid storage function, and increases the electrolyte retention without affecting the volumetric energy density of the battery.”, see pg.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tab support in Modified Hu as a liquid reservoir to furth increase electrolyte retention without affecting energy density.
Regarding Claim 19,
Modified Hu teaches assembly according to claim 9, wherein an insulating spacer is disposed between the tab support and the electrode core body (Hu, “glue 30 is attached on both sides, so that the spacer is integrated with the battery to improve production efficiency and quality reliability.”, pg. 3).
Regarding Claim 20,
Modified Hu the battery core assembly according to claim 19, wherein each of two opposite ends of the electrode core body in the first direction has a V-shaped end in a cross-sectional view with a tip protruding outward, the two tabs of each of the at least two electrode cores are respectively located at tips of the two V-shaped ends, and V-shaped ends of two adjacent electrode core bodies at a same end form a V-shaped space; and the insulating spacer has a shape matching the V-shaped space (Chang, “ The pole support 201 has a V-shaped protrusion 209 at the bottom. When the pole assembly 2 is installed on the fixed frame 102, the V-shaped protrusion 209 separates the two positive pole ears 112 on both sides of the positive pole 203, and the two negative pole ears 111 on both sides of the negative pole 202.”, see pg. 4).
Regarding Claim 21,
Modified Hu teaches The battery core assembly according to claim 20, wherein an angle of the V-shaped space is 90-150 degrees (Park, see Fig. 9) (Park, “The first bent portion B1 and the second bent portion B2 are bent in opposite directions, and bending angles θ are the same in the range of about 30° to about 50°”, see [0064]) (The examiner notes that the bending angle is 30-50 degrees relative to the vertical direction, but when considered relative to the horizontal it is 90+30 to 90+50, which is 120-140 degrees).
Regarding Claim 23,
Modified Hu teaches the battery core assembly according to claim 6, wherein the cap has an accommodating space on a side of the cap facing the electrode core assembly body (Hu, liquid storage cavity, 42, see fig. 4)
Regarding Claim 26,
Modified Hu teaches a battery comprising a casing, and at least one battery core assembly encapsulated in the casing (Hu, “The invention relates to the field of lithium ion batteries, in particular to an ultra-long cycle life high energy density”, pg. 1), wherein the at least one battery core assembly comprises an encapsulation film and an electrode core assembly, and wherein the electrode core assembly is arranged in an accommodating cavity defined by the encapsulation film (Hu, battery top seal area, 20, Fig. 2), and the electrode core assembly comprises at least one electrode core; and the electrode core assembly comprises a first electrode lead-out member and a second electrode lead-out member for current output the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support, and the tab support has a hollow cavity, and a cap is arranged in the accommodating cavity at a first end portion of the electrode core assembly (Hu, tab protections spacer, 40, Fig. 3), the first end portion of the electrode core assembly having the first electrode lead-out member, the cap comprises an electrode lead-out hole penetrating (see annotated figure below)
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Hu does not teach a vehicle.
Park teaches the secondary battery as the part of a vehicle (Park, “Secondary batteries are widely used not only for small apparatuses, such as portable electronic devices, but also for medium and large apparatuses, such as vehicles and power storage apparatuses”, see [0003]).
Park teaches that vehicles are a common use for batteries can be used for EV vehicles (Park, “Preferably, the vehicle 200 may be an EV. The battery pack 100 may be used as an electric energy source driving the vehicle 200 by providing driving power to a motor of the EV.”, see [0102]).
Hu and Park are analogous as they are both of the same field of battery arrangements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tab arrangement as taught in Hu to have the vehicle application as taught in Park in order to provide power to the drive motor of an EV.
Hu does not teach the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support, and the tab support has a hollow cavity, the hollow cavity has an opening on at least one cavity wall to communicate with the electrode lead-out hole on the cap, and the hollow cavity forms a second liquid reservoir storing an electrolyte solution.
Chang teaches the electrode core assembly comprises an electrode core assembly body, the electrode core assembly body comprises a tab support (Chang, positive pole and negative pole, 202 and 203, Fig. 4) , and the tab support has a hollow cavity, the hollow cavity has an opening on at least one cavity wall to communicate with the electrode lead-out hole on the cap (see annotated figure below).
Chang teaches that the support helps achieve parallel and series connections in the cell’s assembly (Chang, “four positive poles 203 and four negative poles 202 to realize parallel and series connection of the cells in the module. In other embodiments, the busbar can be electrically connected to different numbers of poles to form battery modules in different series and parallel forms.”, pg. 4).
Hu and Chang are analogous as they are both of the same field of battery assembly.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cell arrangement as taught in Hu with the cell support as taught in Chang in order to allow for the cells to be arranged in series or in parallel.
Modified Hu does not teach wherein the and the hollow cavity forms a second liquid reservoir.
Hu teaches that cavities for liquid storage can benefit the battery through increasing electrolyte retention (Hu, “The invention protects the spacer 40 by the built-in ear protection with the liquid storage function, and increases the electrolyte retention without affecting the volumetric energy density of the battery.”, see pg.2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tab support in Modified Hu as a liquid reservoir to further increase electrolyte retention without affecting energy density.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over (CN-107579174-A) hereinafter referred to as ‘Hu’ in view of (CN-108448041-B) hereinafter referred to as ‘Chang ,in view of (US-20210036295-A1) hereinafter referred to as ‘Park’ in further view of’ in further view of (US-20170125769-A1) hereinafter referred to as ‘Yang’
Regarding Claim 22,
Modified Hu does not teach the battery core assembly according to claim 19, wherein the insulating spacer is fixed to the tab support by a snap mechanism
Yang teaches wherein the insulating spacer is fixed to the tab support by a snap mechanism (Yang, “With the snap teeth mentioned above, the battery spacer may be stably fixed with the insulating member, thus further improving the stability of the position of the electric cores.”, see [0019])
Yang teaches that this stabilizes the electrodes (Yang, “With the snap teeth mentioned above, the battery spacer may be stably fixed with the insulating member, thus further improving the stability of the position of the electric cores.”, see [0019]).
Modified Park and Yang are analogous as they are both of the same field of battery arrangements and caps.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cell arrangement as taught in Hu with the snap mechanism as taught in Yang in order to stabilize the electrodes.
Response to Arguments
Arguments filed on 04/28/2026 have been entered. Arguments are fully considered.
On pg. 9 , The applicant argues:
“Even if Chang’s U-shaped poles 202/203 can be characterized as having empty space, Chang does not describe that empty space as a hollow cavity of a tab support configured to store electrolyte, nor does Chang disclose any feature corresponding to the claim requirement that the hollow cavity has an opening that enables electrolyte to flow into and/or out of the cavity, such that it functions as a second liquid reservoir. Therefore, Chang does not teach a "second liquid reservoir storing electrolyte solution.”
However, this is not convincing. Hu teaches that the liquid storage increases electrolyte retention without affecting the energy density (Hu, see pg. 2). Chang teaches a support (Chang, positive pole and negative pole, 202 and 203, Fig.4). Chang teaches the support are beneficial (Change, see pg. 4). It would have been obvious to one of ordinary skill to have modified Hu with the support of Chang in order to take advantage of the benefits in the support. One of ordinary skill in the art would further take the hollow cavity as taught in the combination of Hu and Chang to create a second cavity due to the benefits as outlined in Hu (Hu, see pg. 2). Creating a second reservoir in the cavity created by the combination of Hu and Chang. The examiner considers not just Chang alone and the features taught, but also the features that would be an obvious combination to one of ordinary skill in the art (see MPEP 2145 (IV)).
On pg. 9, the applicant argues:
“Further, if Chang's poles 202/203 are treated as the claimed tab support, Chang then
lacks the claimed lead-out member electrically connected to the tab support. Chang's structure is designed for direct module interconnection using poles and busbars, there is no separate, cell- level "electrode lead-out member" as recited in claim 1. Further, because Chang already connects the poles to the busbars, Chang provides no teaching or need for an additional lead-out member, and thus provides no basis and no motivation to modify Hu in the manner asserted in the Office Action.”
However, this is not convincing. Chang teaches an electrode lead out member in the form of negative electrode tabs 111, which are lead through the negative pole 202 (Chang, see Fig. 2). Chang teaches that the support helps achieve parallel and series connections in the cell’s assembly and a gap provides position (Chang, “four positive poles 203 and four negative poles 202 to realize parallel and series connection of the cells in the module. In other embodiments, the busbar can be electrically connected to different numbers of poles to form battery modules in different series and parallel forms.”, pg. 4)(Chang, “In order to improve the heat dissipation performance during the use of the battery, the fixing frame is fastened by a bonding method, and the position of the corresponding guiding groove on the heat dissipation plate is provided with a gap for ensuring the normal assembly of the positioning protrusion and the guiding groove”, see pg. 3). Therefore, one of ordinary skill would have been motivated to apply the teachings and structure of Chang to a similar structure as taught in Hu (see MPEP 2143 (I)(B)).
On pg. 10, the applicant states:
“Hu's disclosure of electrolyte storage cavities in a cap/spacer does not suggest creating a second reservoir inside a tab support, nor does Hu suggest a communication path between a tab-support cavity and an opening for electrolyte flow. The Examiner's reasoning does not identify where Hu teaches, suggests, or motivates creating that particular element or flow path, or why a person of ordinary skill in the art would implement it in that specific manner.
Amended claim 1 requires converting the tab support itself into an electrolyte reservoir and further requires fluid communication from an opening. This is not merely "more of the
same" electrolyte-storage cavity. It is a different element with different structure and interactions. A conclusion of obviousness cannot rest on the fact that both structures relate to electrolyte retention. The Examiner fails to provide a reasonable explanation why a person of ordinary skill in the art would expect Hu's cap/spacer cavity concept to be implemented inside the tab support with a communication opening to the cap lead-out hole, Hu does not even disclose a tab support. A motivation to improve electrolyte retention does not automatically make any reservoir placement and any fluid communication obvious, particularly where Hu is silent on the tab support.”
However, this is not convincing. The examiner notes that the second reservoir would not be in Hu alone, but would be obvious to one of ordinary skill in the art studying both Hu and Chang. Chang teaches a second cavity in the U-shaped support represented by the poles taught in Chang. (Chang, positive pole and negative pole, 202 and 203, Fig.4). Chang teaches the support are beneficial (Chang, see pg. 4). It would have been obvious to one of ordinary skill to have modified Hu with the support of Chang in order to take advantage of the benefits of the support. One of ordinary skill in the art would further take the hollow cavity as taught in the combination of Hu and Chang to create a second cavity due to the benefits as outlined in Hu (Hu, see pg. 2). This is an obvious matter of duplication of an advantage with known results (see 2144.04 (VI)(B)). This would further promulgate the benefits of Hu, increasing the electrolyte retention. The applicant states that this is not merely a substitution, but neither Hu nor Chang discourage or teach away from the combination. Hu might not by itself teach a tab support, but in combination with Chang, one of ordinary skill in the art would find it obvious to apply the benefits of a tab support, as outlined above. It is not clear to the examiner, why the lack of the feature in Hu would make the combination nonobvious, especially when the structure of both Hu and Chang are similar pouch cell batteries and the implementation of the support of Chang into Hu would not render the pouch cell unable to be used for its intended purpose (see MPEP 2143.01 (V)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.P.M./Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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