DETAILED ACTION
Claims 1-20 are presented for examination, wherein claims 1, 9-12, and 14-17 are currently amended; plus, claims 14-18 and the subject matter of Sub-Species A.2 are withdrawn.
The objection to Figures 1-2 is withdrawn, as a result of the May 28, 2026 filing, which is entered.
The 35 U.S.C. § 112(b) rejection of claims 9-13 is withdrawn, as a result of the amendments to claims 9-12, from which claim 13 depends.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 216435961, published May 2022, citations to US 2024/0128487) in view of Hu (US 2020/0185664).
Regarding newly amended independent claim 1, Li teaches a battery (e.g. item 1) comprising a battery cell (e.g. item 20) and a battery shell (e.g. item 10) comprising
(i) a first cover body (e.g. item 11) that may have a plate-shaped structure with a thickness of e.g. 0.05 mm to 0.3 mm (i.e. 50-300 µm);
(ii) a second cover body (e.g. item 12) that may have a plate-shaped structure with a thickness of e.g. 0.05 mm to 0.3 mm (i.e. 50-300 µm), wherein said second cover body may be identical to said first cover body in order to reduce the number of parts, reduce maintenance costs, and/or avoid manufacturing assembly problems; and,
(iii) an annular middle frame (e.g. item 13) that may be formed as an integrally molded structure; alternatively, said annular middle frame may be formed of two or more plates connected sequentially together,
wherein said annular middle frame comprises two opposite first faces in a Y-direction and two opposite second faces in a Z-direction, each first face at opposite ends contacting said two opposite second faces,
wherein said annular middle frame with a wall thickness range of 0.1 mm to 0.3 mm (i.e. 100-300 µm), said annular middle frame wall thickness is greater than or equal to said thickness of said first cover body and also greater than or equal to said thickness of said second cover body,
wherein said annular middle frame has an internally hollow annular structure that has two open faces on opposite ends of said annular middle frame in an X-direction, each open face adjacent to one of said first and second cover bodies,
wherein said annular middle frame is arranged between said first cover body and said second cover body such that said two open faces are respectively covered by said first and second cover bodies;
said first cover body, said annular middle frame, and said second cover body are sequentially connected to form a closed cavity,
wherein said battery cell comprising a stacked body of a positive electrode sheet, an insulation diaphragm, and a negative electrode sheet, ,
wherein said battery cell is arranged in said closed cavity with an electrolyte so said closed cavity has a high requirement for sealing so that said electrolyte does not leak
(e.g. ¶¶ 0002, 06-08, 12-14, 17-20, 59-62, 66, and 73-74 plus e.g. Figures 1-2 and 4; see further Annotated Figure 2, infra), reading on “housing,” said battery shell comprising:
(1) said first cover body (e.g. item 11) that may have said plate-shaped structure and said second cover body (e.g. item 12) that may have said plate-shaped structure (e.g. supra), reading on “two cover plates” and “the two cover plates are both …plates…;” and,
(2) said annular middle frame (e.g. item 13) that may be formed as said integrally molded structure; alternatively, said annular middle frame formed of two or more plates connected sequentially together,
wherein said annular middle frame comprises two opposite first faces in said Y-direction and two opposite second faces in said Z-direction, each first face opposite ends contacting said two opposite second faces,
wherein said annular middle frame has said internally hollow annular structure that has two open faces on opposite ends of said annular middle frame in said X-direction, each open face adjacent to one of said first and second cover bodies
(e.g. supra), reading on “a middle frame,” and “the middle frame has two openings opposite to each other in the first direction,”
wherein said annular middle frame is arranged between said first cover body and said second cover body such that said two open faces, which are on said opposite ends of said annular middle frame in said X-direction, are respectively covered by said first and second cover bodies; and, wherein said first cover body, said annular middle frame, and said second cover body are sequentially connected to form said closed cavity (e.g. supra), reading on the newly amended limitation “the two cover plates are configured to respectively cover the two openings in the first direction” and the originally filed limitation “the middle frame and the two cover plates jointly define an accommodating space.”
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Li does not expressly teach said first cover body and said second cover body having the newly amended limitation “arc shaped in the first direction.”
However, Hu teaches a battery pack comprising arcuate electrode assemblies and an arcuate packaging housing optimizes utilization of space and improves unit energy density,
wherein said arcuate electrode assemblies may have a curvature radius greater than or equal to about 15 mm, such as 20 mm or greater, to satisfy design requirements of a portable device worn at e.g. a human wrist or ankle; and,
wherein said arcuate packing housing curved along an arc length direction (e.g. item 25) comprising
a first arcuate plate (e.g. item 11) and
a second arcuate plate (e.g. item 16),
wherein said first and second arcuate plates may have a curvature radius matching those of said arcuate electrode assemblies, said matching may include, but not limited to, the same curvature or the same arcuate center
(e.g. ¶¶ 0002, 12-13, 17, 37-39, 50-51 plus e.g. Figures 1-9).
As a result, it would have been obvious to shape said battery of Li—including said battery cell and said battery shell, with said first cover body, said second cover body, and said annular middle frame—so that it has the arcuate shape of Hu in said x-direction, forming an arcuate battery and arcuate battery shell, since Hu teaches a battery and battery package formed as an arcuate battery and arcuate battery package optimizes utilization of space and improves unit energy density while satisfying design requirements of a portable device worn at e.g. a human wrist or ankle.
Further, it would have been obvious to shape said first cover body, said second cover body, and said annular middle frame of said arcuate battery packaging of Li as modified, so that they each have said curvature radius—in said x-direction—greater than or equal to about 15 mm, such as 20 mm or greater, as taught by Hu, since Hu teaches said curvature radius satisfies design requirements of a portable device worn at e.g. a human wrist or ankle, noting Li teaches said first cover body and said second cover body may be identical to one another (e.g. supra), so would have an identical curvature radius to one another.
Furthermore, Li teaches said first cover body, said annular middle frame, and said second cover body are sequentially connected to form said closed cavity;
wherein said battery cell is arranged in said closed cavity with said electrolyte so said closed cavity has a high requirement for sealing so that said electrolyte does not leak; and,
wherein said annular middle frame comprises two opposite first faces in said Y-direction and two opposite second faces in said Z-direction, each first face at opposite ends contacting said two opposite second faces (e.g. supra).
As a result, it would have been obvious to a person of ordinary skill in the art to shape said arcuate battery shell of Li as modified so that said two opposite first faces in said Y-direction of said annular middle frame have said arcuate shape of Hu—such that each said opposite first faces in said Y-direction of said annular middle frame seals with each of said arcuate first cover body and said arcuate second cover body of Li as modified—noting that each of said arcuate first and second cover body has said curvature radius in said x-direction, since Li teaches said battery cell is arranged in said closed cavity with said electrolyte so said closed cavity has a high requirement for sealing so that said electrolyte does not leak, noting said two opposite second faces in said X-direction retain a rectilinear shape of Li that each of said two opposite second faces in said X-direction seals to said arcuate first cover body and said arcuate second cover body—noting that each of said arcuate first and second cover body has said curvature radius in said x-direction.
Alternatively, it would have been obvious to a person of ordinary skill in the art to shape said arcuate battery shell of Li as modified so that said two opposite second faces in said X-direction of said annular middle frame have said arcuate shape of Hu—such that each said opposite second faces in said C-direction of said annular middle frame seals with each of said arcuate first cover body and said arcuate second cover body of Li as modified—noting that each of said arcuate first and second cover body has said curvature radius in said x-direction, since Li teaches said battery cell is arranged in said closed cavity with said electrolyte so said closed cavity has a high requirement for sealing so that said electrolyte does not leak, noting said two opposite first faces in said Y-direction retain a rectilinear shape of Li that each of said two opposite first faces in said Y-direction seals to said arcuate first cover body and said arcuate second cover body.
Li as modified reading on the newly amended limitation “the two cover plates are both arc shaped plates in a first direction.”
Regarding claim 2, Li as modified teaches the battery shell of claim 1, wherein Li teaches said annular middle frame that may be formed as said integrally molded structure; alternatively, said annular middle frame formed of two or more plates connected sequentially together,
wherein said annular middle frame comprises two opposite first faces in said Y-direction and two opposite second faces in said Z-direction, each first face at opposite ends contacting said two opposite second faces,
wherein said annular middle frame has said internally hollow annular structure that has two open faces on opposite ends of said annular middle frame in said X-direction, each open face adjacent to one of said first and second cover bodies
(e.g. supra), reading on “the middle frame comprises two first walls provided opposite to each other in a second direction and two second walls provided opposite to each other in a third direction, the two first walls and the two second walls are connected end to end in sequence, and the first direction, the second direction, and the third direction are perpendicular to each other.”
Regarding claims 3-4, Li as modified teaches the battery shell of claim 2, wherein said two opposite first faces in said Y-direction of said annular middle frame have said arcuate shape of Hu—such that each said opposite first faces in said Y-direction of said annular middle frame seals with each of said arcuate first cover body and said arcuate second cover body of Li as modified, noting said two opposite second faces in said X-direction retain a rectilinear shape of Li that each of said two opposite second faces in said X-direction seals to said arcuate first cover body and said arcuate second cover body; alternatively, said two opposite second faces in said X-direction of said annular middle frame have said arcuate shape of Hu—such that each said opposite second faces in said C-direction of said annular middle frame seals with each of said arcuate first cover body and said arcuate second cover body of Li as modified, noting said two opposite first faces in said Y-direction retain a rectilinear shape of Li that each of said two opposite first faces in said Y-direction seals to said arcuate first cover body and said arcuate second cover body (e.g. supra), reading on “the first wall has two arc edges opposite to each other in the first direction, and the two cover plates are respectively connected to the two arc edges” (claim 3) and the second wall has two straight edges opposite to each other in the first direction, and the two cover plates are respectively connected to the two straight edges” (claim 4).
Regarding claims 5-6, Li as modified teaches the battery shell of claim 1, wherein Li teaches said annular middle frame that may be formed as said integrally molded structure; alternatively, said annular middle frame formed of two or more plates connected sequentially together (e.g. supra), reading on “the middle frame is an integrally formed structure” (claim 5), wherein the process limitation “bending a plate” does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2113, see also instant specification, at e.g. ¶¶ 0016-17 and 93-95, reading on “the middle frame is formed by bending a plate, and two ends of the plate are connected” (claim 6).
Regarding claim 7, Li as modified teaches the battery shell of claim 1, wherein Li teaches said first cover body with said thickness of e.g. 0.05 mm to 0.3 mm (i.e. 50-300 µm) and said curvature radius greater than or equal to about 15 mm, such as 20 mm or greater; and, said second cover body with said thickness of e.g. 0.05 mm to 0.3 mm (i.e. 50-300 µm) and said curvature radius greater than or equal to about 15 mm, such as 20 mm or greater, wherein said second cover body may be identical to said first cover body (e.g. supra), reading on “arc angles of the two cover plates are same.”
Regarding claim 8, newly amended claims 9-12, plus claim 13, Li as modified teaches the battery shell of claim 1, wherein Li teaches said first cover body with said thickness of e.g. 0.05 mm to 0.3 mm (i.e. 50-300 µm) and said curvature radius greater than or equal to about 15 mm, such as 20 mm or greater; said second cover body with said thickness of e.g. 0.05 mm to 0.3 mm (i.e. 50-300 µm) and said curvature radius greater than or equal to about 15 mm, such as 20 mm or greater, wherein said second cover body may be identical to said first cover body; and, said annular middle frame with said wall thickness range of 0.1 mm to 0.3 mm (i.e. 100-300 µm), said annular middle frame wall thickness is greater than or equal to said thickness of said first cover body and also greater than or equal to said thickness of said second cover body (e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “a wall thickness of the middle frame is L, and 100 μm≤L≤1500 μm” (claim 8); the newly amended limitations “the wall thickness of the middle frame is larger than a wall thickness of each of the cover plates” (claim 9); “the wall thickness of the each of the cover plates is H, and 50 μm≤H≤1000 μm” (claim 10); “the wall thickness of the middle frame is L, the wall thickness of the each of the cover plates is H, and 50 μm≤L−H≤500 μm” (claim 11); “50 μm≤L−H≤200 μm, and 80 mm≤R≤300 mm…, wherein R is a curvature radius of the each of cover plates” (claim 12); plus, “80 mm≤R≤300 mm, and 50 μm≤L−H≤100 μm…” (claim 13).
Regarding claims 19-20, Li and Hu are applied as provided supra, with the following modifications.
Still regarding independent claims 19-20, Li as modified teaches said battery, wherein said battery of Li—including said battery cell and said battery shell, with said first cover body, said second cover body, and said annular middle frame—has the arcuate shape of Hu, forming an arcuate battery and arcuate battery shell (e.g. supra), reading on “arc battery” (claims 19-20), said battery comprising:
said first cover body, said annular middle frame, and said second cover body are sequentially connected to form said closed cavity,
wherein said battery cell comprising a stacked body of a positive electrode sheet, an insulation diaphragm, and a negative electrode sheet,
wherein said battery cell is arranged in said closed cavity with an electrolyte so said closed cavity has a high requirement for sealing so that said electrolyte does not leak,
(e.g. supra), reading on “an electrode assembly…the electrode assembly accommodated in the accommodating space” (claims 19-20) and said battery being an electric device, reading on “electric device” (claim 20), as claimed.
Response to Arguments
Applicant’s arguments filed May 28, 2026 have been fully considered but they are not persuasive.
First, the applicant alleges the following.
Li and Hu are fundamentally different housing structures. Li is directed to a shell structure having a first cover body, a second cover body, and an annular middle frame that together form a closed cavity with sealing requirements for electrolyte containment. Li does not address a curved housing structure as such, and does not describe any particular arc relationship for the cover bodies or the middle frame beyond what the examiner later imports from Hu.
Hu, by contrast, is directed to a battery pack having a first arcuate plate and a second arcuate plate, with arcuate electrode assemblies arranged on arcuate surfaces, and further includes a wing portion combining the first arcuate plate and the second arcuate plate, with openings on both sides of the packaging housing. Hu further teaches a separate “cover plate” that covers an opening on one side of the packaging housing. Thus, Hu’s housing is not similar to Li’s annular middle frame plus two cover bodies structure, and also is not similar to the present application’s middle frame and two cover plates structure.
From the manufacturing standpoint, the distinction is more pronounced. The present specification explains that the housing is divided into “two arc cover plates 15 and a middle frame 14 that are disposed separately,” and that the middle frame and the two cover plates "each are easy to manufacture," such that connecting those separately disposed parts reduces the manufacturing difficulty and cost of the housing and the arc battery.
Hu does not address the problem that the present application intended to resolve, namely reducing the manufacturing difficulty of an arc battery housing by dividing the housing into separately disposed structural parts. Hu instead focuses on a wing portion and side openings in the packaging housing.
For clarity, claim 1 has been amended to specifically define the first direction and tic the arc shape to this first direction. As amended, claim 1 now recites that “the two cover plates are both arc shaped plates in a first direction,” and that “the two cover plates are configured to respectively cover the two openings in the first direction.” Thus, in the present application, the two cover plates are not merely arc shaped in a general sense. Rather, the are shape of the two cover plates is formed along the first direction, which is also the opening direction of the middle frame.
Besides the fundamental difference between Li and Hu, there is also a significant structural difference. In the present application, the two cover plates are arc shaped plates, and the arc shape is formed along the first direction, which is also the opening direction. In contrast, Hu’s cover plate is shown as a flat plate, and the arc shape in Hu only applies to the edges, which are perpendicular to the opening direction of Hu’s structure.
(Remarks, at 6:6-7:5.)
In response, the examiner respectfully notes that the argument is not commensurate with the scope of the art or the rejection.
As noted in the prior and instant Office actions, Li teaches first cover body (e.g. item 11) that may have a plate-shaped structure; a second cover body (e.g. item 12) that may have a plate-shaped structure, wherein said second cover body may be identical to said first cover body; and, an annular middle frame (e.g. item 13), wherein said annular middle frame has said internally hollow annular structure that has two open faces on opposite ends of said annular middle frame in said X-direction, each open face adjacent to one of said first and second cover bodies.
Further, as noted in said Office actions, Hu teaches a battery pack comprising arcuate electrode assemblies and an arcuate packaging housing optimizes utilization of space and improves unit energy density, wherein said arcuate electrode assemblies may have a curvature radius greater than or equal to about 15 mm, such as 20 mm or greater, to satisfy design requirements of a portable device worn at e.g. a human wrist or ankle; and, wherein said arcuate packing housing curved along an arc length direction (e.g. item 25) comprising a first arcuate plate (e.g. item 11) and a second arcuate plate (e.g. item 16), wherein said first and second arcuate plates may have a curvature radius matching those of said arcuate electrode assemblies, said matching may include, but not limited to, the same curvature or the same arcuate center,
Finally, said Office actions severably provide proper motivation to modify the primary reference (e.g. see supra), rendering the instantly claimed invention obvious, as claimed.
Second, the applicant alleges the following.
For at least the above reasons, the rejection of claim 1 under 35 U.S.C. § 103 is respectfully traversed, and withdrawal of the rejection is respectfully requested.
The prior art does not disclose the features of claims 9-10, namely, a wall thickness L of the middle frame is larger than a thickness H of the cover plates; and 50 µm ≤ H ≤ 1000 µm.
The technical effect of these differences is to ensure that the housing is of high structural strength and can accommodate a larger electrode assembly, thereby optimizing the energy density of arc batteries having this housing. (Paragraph [0023] of the specification originally sumbitted).
In existing battery designs, a middle frame, as presented in claims 9-10, is not typically used. The first part of the housing includes a bottom wall (opposite to the open end) and four side walls surrounding it, and these components are integrated, another part of the housing includes a top cover. Because of the bottom wall and the four side walls are integrated molding, so the thickness of the bottom wall and the thickness of the side wall should be the same. And the top cover is welded with the side walls, to achieve the necessary welding strength between the top cover and the side walls, the thickness of the side wall should be thicker, so the bottom wall would be thicker, too. It will reduce the energy density of the battery. According to the present application, the middle frame and the two cover plates are separately disposed, so the thickness of the middle frame and the cover plates can be set independently, allowing to obtain a housing characterized in thicknesses defined in claims 9-10.
(Remarks, at 8:2-4.)
In response, the examiner respectfully notes that a prima facie case of obviousness has been established (see supra).
In the event the applicant is alleging unexpected results, an argument of counsel is insufficient to overcome a prima facie showing of obviousness. Since a prima facie case of obviousness is established, the burden shifts to the applicant to come forward with arguments or evidence to rebut the prima facie case. See e.g., In re Dillon, 919 F.2d 688, 692 (Fed. Cir. 1990). Rebuttal evidence and arguments can be presented by way of an affidavit or declaration under 37 CFR 1.132. However, arguments of counsel cannot take the place of factually supported objective evidence. See e.g., In re Huang, 100 F.3d 135, 139-40 (Fed. Cir. 1996). See also MPEP § 2145.
The showing of unexpected results must be commensurate in scope with the invention as claimed. The results must be due to the claimed features, not to unclaimed features.
The showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. MPEP § 716.02(d). Absent such showing, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” MPEP § 2144.05.
Furthermore, the unexpected property or result must actually be unexpected and of statistical and practical significance. MPEP § 716.02(a).
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ju et al (US 2016/0276635);
Hiroki (US 2016/0073519); and,
Slocum (US 2015/0140371).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
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