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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification are to the published application US 2024/0014513 A1, unless stated otherwise. Further, it is noted that italicized text in parentheses recited in any rejection under 35 U.S.C. 102 or 35 U.S.C. 103 indicates the element of the claimed invention to which the preceding prior art element corresponds. Additionally, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Response to Amendments and Arguments
Applicant’s amendments and Remarks filed on 16 June 2026 in response to the Non-Final Rejection dated 01 April 2026 have been entered and fully considered, respectively. Claims 1 and 6 have been amended and claims 11-20 are new. As such, claims 1-20 are pending and under consideration on the merits.
The rejection under 35 USC 112(b) previously set forth is withdrawn due to the present claim amendments, and the Examiner thanks Applicant for correction of the issues.
Applicant’s arguments on Pages 7-10 of the Remarks, directed towards the rejection of claims 1-8 under 35 U.S.C. 102/103 as anticipated by/obvious over Ramasubramanian and towards the rejection of claims 9-10 under 35 U.S.C. 103 as obvious over Ramasubramanian, have been fully considered.
Applicant's arguments are moot, as the 35 U.S.C. 102/103 rejection over Ramasubramanian, and the 35 U.S.C. 103 rejection over Ramasubramanian previously set forth in the Non-Final Rejection are overcome and hereby withdrawn as a result of the amendments to claim 1.
New grounds of rejection are set forth below, necessitated by the amendments to the claims and made in view of newly cited prior art identified as a result of additional search and consideration completed by the undersigned Examiner.
Claim Objections
Claim 17 is objected to because of the following informality:
Regarding claim 17, “the sheet unit comprises a positive electrode sheet, a negative electrode sheet separator disposed between the positive electrode sheet and the negative electrode sheet” constitutes improper grammar, which hinders the readability of the claim. In order to overcome the objection, the following amendment is respectfully suggested: “the sheet unit comprises a positive electrode sheet, a negative electrode sheet, and a separator disposed between the positive electrode sheet and the negative electrode sheet.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 is indefinite as the recitation of possible elements is not properly claimed in the alternative. Treatment of claims reciting alternatives is not governed by the particular format used (e.g., alternatives may be set forth as "a material selected from the group consisting of A, B, and C" or "wherein the material is A, B, or C"). See, e.g., the Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications ("Supplementary Guidelines"), 76 Fed. Reg. 7162, 7166 (February 9, 2011). Alternative expressions are permitted if they present no uncertainty or ambiguity with respect to the question of scope or clarity of the claims. A Markush grouping is a closed group of alternatives, i.e., the selection is made from a group "consisting of" (rather than "comprising" or "including") the alternative members. Abbott Labs., 334 F.3d at 1280, 67 USPQ2d at 1196. If a Markush grouping requires a material selected from an open list of alternatives (e.g., selected from the group "comprising" or "consisting essentially of" the recited alternatives), the claim should generally be rejected under 35 U.S.C. 112(b) as indefinite because it is unclear what other alternatives are intended to be encompassed by the claim. If a claim is intended to encompass combinations or mixtures of the alternatives set forth in the Markush grouping, the claim may include qualifying language preceding the recited alternatives (such as "at least one member" selected from the group), or within the list of alternatives (such as "or mixtures thereof"). Id. at 1281. See MPEP 2173.05(h).
For the purposes of examination, claim 11 is interpreted as reciting “comprises at least one from the group consisting of polypropylene and rubber.” Alternatively, claim 11 can be amended to recite “comprises at least one of polypropylene or rubber” to overcome the aforementioned deficiency.
Appropriate action is required.
Claim Rejections - 35 USC § 102
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, 3-8, 11, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mao et al. (CN 112448104 A, herein English machine translation is utilized for all citations; “Mao”).
Regarding claim 1, Mao discloses an electric core (a battery cell) [¶6 of Page 2, ¶3, 7, 11-12, 14 of Page 3, FIG. 1] comprising a shell (a shell assembly) [¶6, 8 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶2, 4 of Page 4] having a containing cavity (having an accommodating cavity) [¶6 of Page 2, ¶3, 12, 14 of Page 3, ¶2, 7-8 of Page 5], an electrode group comprising multiple groups of electrodes contained in the containing cavity (an electrode assembly accommodated in the accommodating cavity) [element 2, ¶6, 8 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 4, 7 of Page 5, FIG. 1], and an elastic porous structure contained in the containing cavity (an elastic member accommodated in the accommodating cavity) [¶6, 8 of Page 2, ¶3, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 7 of Page 5].
The electrode group comprises multiple groups of electrodes electrically connected with each other [¶9 of Page 4, ¶4 of Page 5], wherein each group of electrodes comprises a positive electrode, a diaphragm, and a negative electrode[¶9 of Page 4, ¶4 of Page 5], that may be arranged as a lamination or winding type [¶9-11 of Page 4, ¶4 of Page 5], thereby, in totality, reading on the electrode assembly comprises a sheet unit, the sheet unit comprises a positive electrode sheet, a negative electrode sheet, a separator disposed between the positive electrode sheet and the negative electrode sheet, the positive electrode sheet, the negative electrode sheet, and the separator are wound or laminated to form the electrode assembly, as claimed.
The elastic porous structure is sheet-shaped [¶9 of Page 2, ¶3, 4 of Page 4, ¶4 of Page 5] and may be placed in any position in the shell [¶4 of Page 4], e.g. may be arranged on the bottom surface of the shell [¶8 of Page 2, ¶4 of Page 4, ¶4 of Page 5], thereby, reading on wherein the elastic member is attached to an outer surface the electrode assembly, as claimed. Electrolyte may enter and flow out of the elastic porous structure when the electric core is extruded [¶7 of Page 2, ¶3, 13-14 of Page 3, ¶5-6 of Page 4, ¶3, 7 of Page 5], wherein holes arranged in the elastic porous structure may contain electrolyte [¶5-6 of Page 4, ¶3, 7 of Page 5], thereby, reading on the elastic member has a pore structure for accommodating an electrolyte solution, as claimed. When the electric core is extruded (when the electrode assembly expands), the electrolyte in the elastic porous structure will be partially released to recharge the consumption of the electrolyte in the core, so as to prolong the service life of the lithium ion power battery [¶7 of Page 2, ¶3, 13-14 of Page 3, ¶7 of Page 5], therefore, the elastic porous structure is necessarily configured to deform, as claimed, when the electric core is extruded, so that electrolyte may be partially released to recharge the consumption of the electrolyte in the core, absent a showing of factually supported objective evidence to the contrary, see MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Regarding claim 3, in view of the rejection of claim 1 above, Mao discloses the electrode group is set to a plurality [element 2, ¶9 of Page 3, FIG. 1], wherein the plurality of electrode groups are arranged in sequence (a number of the electrode assemblies is set to a plurality, a plurality of electrode assemblies being arranged in sequence) [FIG. 1]. The elastic porous structure is provided between at least two adjacent electrode groups (the elastic member being provided between at least two adjacent ones of the electrode assemblies) [¶3-4 of Page 4, FIG. 1].
Regarding claim 4, in view of the rejection of claim 1 above, Mao discloses the elastic porous structure is distributed with the same number of groups of electrodes on both sides [FIG. 1].
Regarding claim 5, in view of the rejection of claim 5 above, Mao discloses the elastic porous structure may be placed in any position in the shell [¶4 of Page 4], and is provided between adjacent two electrode groups [FIG. 1], thereby, reading on the elastic member is provided between any adjacent two of the electrode assemblies, as claimed.
Regarding claim 6, in view of the rejection of claim 1 above, Mao further discloses that the outer surface of the electrode group comprises two wide surfaces provided oppositely along a first direction and two narrow surfaces provided oppositely along a second direction [FIG. 1]. The elastic porous structure is provided between at least two adjacent wide surfaces of electrode groups [¶3-4 of Page 4, FIG. 1] and is made of rubber [¶11, 12 of Page 2, ¶7, 8 of Page 4, ¶4 of Page 5], therefore, reading on attached to the wide surfaces, as claimed.
Mao discloses that each group of electrodes comprises a positive electrode, a diaphragm, and a negative electrode[¶9 of Page 4, ¶4 of Page 5], that may be arranged as, inter alia a winding type [¶9-11 of Page 4, ¶4 of Page 5], therefore, as a winding type group of electrodes, at least part of the narrow surfaces would necessarily be arc-shaped, as claimed, absent a showing of factually supported objective evidence to the contrary, see MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I), and thus, reads on at least part of the narrow surfaces being arc-shaped, as claimed.
Regarding claim 7, in view of the rejection of claim 1 above, the shell includes three sides (a case) [element 3, ¶6, 16 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶2, 4 of Page 5, FIG. 1] and an upper cover (a cover assembly) [element 4, ¶6 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶2, 4 of Page 5, FIG. 1]. The shell with three sides, has an opening (the case having an opening) [FIG. 1], and the elastic porous structure may be placed in any position in the shell [¶4 of Page 4], e.g. may be arranged on the bottom surface of the shell (the elastic member being provided between the case and the electrode assembly) [¶8 of Page 2, ¶4 of Page 4, ¶2, 4 of Page 5]. The upper cover is covered on the shell to cover the opening and form a closed containing cavity (the cover assembly covering the opening to seal the case and form the accommodating cavity) [¶8 of Page 2, ¶2 of Page 5, FIG. 1].
Regarding claim 11, in view of the rejection of claim 1 above, Mao further discloses that the elastic porous structure is made of rubber [¶11, 12 of Page 2, ¶7, 8 of Page 4, ¶4 of Page 5], see MPEP 2131.02(II).
Regarding claim 13, in view of the rejection of claim 1 above, Mao further discloses that the elastic porous structure is adjacent to the outer surface of the electrode group [FIG. 1] and may be placed in any position in the shell [¶4 of Page 4], e.g. may be arranged on the bottom surface of the shell [¶8 of Page 2, ¶4 of Page 4, ¶2, 4 of Page 5]. The elastic porous structure is made of rubber [¶11, 12 of Page 2, ¶7, 8 of Page 4, ¶4 of Page 5], thereby, reading on attached to both the outer surface of the electrode assembly and an inner surface of the shell assembly, as claimed.
Regarding claim 15, in view of the rejection of claim 1 above, Mao discloses that the electrode group comprises multiple groups of electrodes electrically connected with each other [¶9 of Page 4, ¶4 of Page 5], wherein each group of electrodes comprises the positive electrode, the diaphragm (the separator), and the negative electrode [¶9 of Page 4, ¶4 of Page 5].
The electric core [¶6 of Page 2, ¶3, 7, 11-12, 14 of Page 3, FIG. 1] comprises the electrode group comprising multiple groups of electrodes [element 2, ¶6, 8 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 4, 7 of Page 5, FIG. 1] and the elastic porous structure contained in the containing cavity [¶6, 8 of Page 2, ¶3, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 7 of Page 5, FIG. 1], therefore, the elastic porous structure is separate and distinct from the diaphragm between the positive electrode and the negative electrode in the groups of electrodes (the elastic member is separate and distinct from the separator disposed between the positive electrode sheet and the negative electrode sheet of the electrode assembly) [¶9 of Page 4, ¶4 of Page 5, FIG. 1].
Claims 9-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mao as applied to claim 1 under 35 U.S.C. 102(a)(1) above. Song et al. (US 2020/0227729 A1; “Song”) is relied upon as an evidentiary reference in support of the rejection.
Regarding claim 9, in view of the rejection of claim 1 above, Mao further discloses a lithium ion power battery for an electric vehicle/automobile [¶1 of Page 2] comprises a battery module [Abstract, ¶1 of Page 3, ¶16 of Page 4, ¶6 of Page 5], and the battery module comprises the electric core [Abstract, ¶17 of Page 2, ¶15 of Page 4, ¶5 of Page 5]. Song evidences that a battery module includes a plurality of battery cells [Song, 0073-0076], therefore, in totality, the battery module of Mao includes a plurality of battery cells (electric cores) set forth above in the rejection of claim 1.
Regarding claim 10, in view of the rejection of claim 9 above, the lithium ion power battery for an electric vehicle/automobile [¶1 of Page 2] would necessarily be used to provide electrical energy, as claimed, absent a showing of factually supported objective evidence to the contrary, see MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
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 2 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Mao as applied to claim 1 under 35 U.S.C. 102(a)(1) above, in view of Uhm et al. (US 2016/0141565 A1; “Uhm”).
Regarding claim 2, Mao discloses the battery cell set forth above in the rejection of claim 1.
Mao remains silent regarding the elastic member has a porosity of 30% to 70%.
Uhm is directed towards a porous elastic body that can contain an electrolyte [element 140, 0010, FIG. 1]. Uhm teaches that pressure may be applied to the porous elastic body containing an electrolyte upon volume expansion of the electrode assembly to supply the electrolyte to the electrode assembly [0011, 0090]. The porous elastic body may be attached to an upper portion and/or a lower portion of the electrode assembly in a layered direction [0021-0022, 0024-0025, 0053, 0092]. The sizes of pores of the porous elastic body may be 0.01 micrometers to 5000 micrometers, and a porosity of the porous elastic body may be 20% to 95% [0013-0014, 0047].
Mao and Uhm each constitute prior art which is directly analogous to the claimed invention – an elastic member attached to an outer surface of an electrode assembly. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic porous structure of Mao, so that it has a porosity of 20% to 95%, in order to contain electrolyte, be able to accommodate volume expansion of the electrode assembly, and improve lifespan characteristics [Uhm, 0011-0014, 0043-0045]. The aforementioned porosity range overlaps the claimed porosity range, 30% to 70%, thereby rendering the range obvious (MPEP 2144.05(I)).
Regarding claim 16, Mao discloses the battery cell set forth above in the rejection of claim 1.
Mao remains silent regarding the pore structure of the elastic member is a sponge structure having a pore size ranging from a millimeter scale to a micron scale.
Uhm is directed towards a porous elastic body that can contain an electrolyte [element 140, 0010, FIG. 1]. Uhm teaches that pressure may be applied to the porous elastic body containing an electrolyte upon volume expansion of the electrode assembly to supply the electrolyte to the electrode assembly [0011, 0090]. The porous elastic body may be attached to an upper portion and/or a lower portion of the electrode assembly in a layered direction [0021-0022, 0024-0025, 0053, 0092]. The sizes of pores of the porous elastic body may be 0.01 micrometers to 5000 micrometers, and a porosity of the porous elastic body may be 20% to 95% [0013-0014, 0047].
Mao and Uhm each constitute prior art which is directly analogous to the claimed invention – an elastic member attached to an outer surface of an electrode assembly. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic porous structure of Mao, so that the sizes of pores of the elastic porous structure are 0.01 micrometers to 5000 micrometers, in order to contain electrolyte, be able to accommodate volume expansion of the electrode assembly, and improve lifespan characteristics [Uhm, 0011-0014, 0043-0045]. The aforementioned pore size range overlaps the claimed pore size range, from a millimeter scale to a micron scale, thereby rendering the range obvious (MPEP 2144.05(I)).
Claims 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Mao as applied to claim 1 under 35 U.S.C. 102(a)(1) above, in view of Baba et al. (US 2021/0296639 A1; “Baba”).
Regarding claim 8, in view of the rejection of claim 1 above, Mao discloses the elastic porous structure is provided between at least two adjacent electrode groups [¶3-4 of Page 4, FIG. 1] and is made of rubber [¶11, 12 of Page 2, ¶7, 8 of Page 4, ¶4 of Page 5].
Mao remains silent regarding the elastic member is bonded to the electrode assembly.
Baba is directed towards a secondary battery module including a stacked body [0022]. Baba teaches that the stacked body includes a number of nonaqueous electrolyte secondary batteries [element 10, 0022, FIGs. 1-2], a number of insulation spacers [element 12, 0022, FIGs. 1-2], and a number of elastic bodies [element 40, 0022, 0047, FIGs. 1-2]. The elastic bodies and the insulation spacers are disposed between two adjacent electrode bodies and are held between end plates [0031-0036, 0042, 0087, FIG. 2] The elastic bodies are made of a rubber material, thermoplastic elastomers and/or heat insulators [0076]. The insulation spacers are made of an insulation resin, including, inter alia polypropylene [0032]. The elastic body is shaped like a sheet and may be secured on the surface of a planar portion with an adhesive agent or the like [0035]. The elastic body and the insulation spacer may be formed integrally [0035].
Mao and Baba each constitute prior art which is directly analogous to the claimed invention – an elastic member attached to an outer surface of an electrode assembly. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic porous structure of Mao, so that it comprises an adhesive agent, like that of Baba, in order to secure it on the surface of the electrode groups, for it to receive a load [Baba, 0035, 0042, 0047-0048].
In accordance with the aforesaid modifications, the electric core of modified Mao would have the elastic porous structure secured on the surface of the electrode groups with an adhesive agent, thereby reading on the elastic member is bonded to the electrode assembly, as claimed.
Regarding claim 12, Mao discloses the battery cell set forth above in the rejection of claim 1.
Mao remains silent regarding a material of the elastic member comprises both polypropylene and rubber.
Baba is directed towards a secondary battery module including a stacked body [0022]. Baba teaches that the stacked body includes a number of nonaqueous electrolyte secondary batteries [element 10, 0022, FIGs. 1-2], a number of insulation spacers [element 12, 0022, FIGs. 1-2], and a number of elastic bodies [element 40, 0022, 0047, FIGs. 1-2]. The elastic bodies and the insulation spacers are disposed between two adjacent electrode bodies and are held between end plates [0031-0036, 0087, FIG. 2] The elastic bodies are made of a rubber material, thermoplastic elastomers and/or heat insulators [0076]. The insulation spacers are made of an insulation resin, including, inter alia polypropylene [0032].
Mao and Baba each constitute prior art which is directly analogous to the claimed invention – an elastic member attached to an outer surface of an electrode assembly. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic porous structure of Mao, so that it includes a material made of polypropylene, in order to realize electrical insulation properties between electrode groups [Baba, 0032-0034].
In accordance with the aforesaid modifications, the electric core of modified Mao would have the elastic porous structure made of both polypropylene and rubber (see MPEP 2144.06(I), MPEP 2144.06(II), and MPEP 2144.07), thereby reading on the elastic member comprises both polypropylene and rubber, as claimed.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Mao as applied to claim 1 under 35 U.S.C. 102(a)(1) above.
Regarding claim 14, in view of the rejection of claim 1 above, Mao discloses the number of elastic porous structure is 1 to 10 [¶4 of Page 4, ¶4 of Page 5], of which overlaps with the claimed value/limitation, a plurality of elastic members, thereby rendering the value/limitation obvious (MPEP 2144.05(I)). The elastic porous structures may be placed in any position in the shell [¶4 of Page 4], and are between outer surfaces of electrode groups [FIG. 1]. The elastic porous structures are made of rubber [¶11, 12 of Page 2, ¶7, 8 of Page 4, ¶4 of Page 5], thereby, reading on attached to the outer surface of the electrode assembly, as claimed.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mao (CN 112448104 A, cited to above).
Regarding claim 17, Mao discloses an electric core (a battery cell) [¶6 of Page 2, ¶3, 7, 11-12, 14 of Page 3, FIG. 1] comprising a shell (a shell assembly) [¶6, 8 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶2, 4 of Page 4] having a containing cavity (having an accommodating cavity) [¶6 of Page 2, ¶3, 12, 14 of Page 3, ¶2, 7-8 of Page 5], a plurality of electrode groups comprising multiple groups of electrodes contained in the containing cavity (a plurality of electrode assemblies accommodated in the accommodating cavity) [element 2, ¶6, 8 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 4, 7 of Page 5, FIG. 1], that are stacked and arranged in sequence (the plurality of electrode assemblies are stacked arranged in sequence) [FIG. 1], and a number of elastic porous structures contained in the containing cavity is 1 to 10 [¶6, 8 of Page 2, ¶3, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 4, 7 of Page 5], of which overlaps with the claimed value/limitation, a plurality of elastic members, thereby rendering the value/limitation obvious (MPEP 2144.05(I)). The elastic porous structures are adjacent to the outer surface of the electrode groups [FIG. 1] and may be placed in any position in the shell [¶4 of Page 4], e.g. may be arranged on the bottom surface of the shell [¶8 of Page 2, ¶4 of Page 4, ¶2, 4 of Page 5], and may be between two adjacent electrode groups [FIG. 1], thereby reading on the plurality of elastic members being provided between every two adjacent ones of the plurality of electrode assemblies and/or between the plurality of electrode assemblies and the shell assembly, as claimed, and reading on attached to an outer surface of each of the plurality of electrode assemblies and/or an inner surface of the shell assembly, as claimed. The elastic porous structures are made of rubber [¶11, 12 of Page 2, ¶7, 8 of Page 4, ¶4 of Page 5].
The electrode groups comprise multiple groups of electrodes electrically connected with each other [¶9 of Page 4, ¶4 of Page 5], wherein each group of electrodes comprises a positive electrode, a diaphragm, and a negative electrode[¶9 of Page 4, ¶4 of Page 5], that may be arranged as a lamination or winding type [¶9-11 of Page 4, ¶4 of Page 5], thereby, in totality, reading on each of the plurality of electrode assemblies comprise a sheet unit, the sheet unit comprises a positive electrode sheet, a negative electrode sheet, a separator disposed between the positive electrode sheet and the negative electrode sheet, the positive electrode sheet, the negative electrode sheet, and the separator are wound or laminated to form at least one of the plurality of electrode assemblies, as claimed (see 112(b) claim rejection for claim interpretation).
The elastic porous structures are sheet-shaped [¶9 of Page 2, ¶3, 4 of Page 4, ¶4 of Page 5] and electrolyte may enter and flow out of the elastic porous structures when the electric core is extruded [¶7 of Page 2, ¶3, 13-14 of Page 3, ¶5-6 of Page 4, ¶3, 7 of Page 5], wherein holes arranged in the elastic porous structures may contain electrolyte [¶5-6 of Page 4, ¶3, 7 of Page 5], thereby, reading on each of the plurality of elastic members has a pore structure formed inside the elastic member and in communication with the accommodating cavity, the pore structure being configured to accommodate an electrolyte solution, when at least one of the plurality of electrode assemblies expands, as claimed. When the electric core is extruded (when at least one of the plurality of electrode assemblies expands), the electrolyte in the elastic porous structures will be partially released to recharge the consumption of the electrolyte in the core, so as to prolong the service life of the lithium ion power battery [¶7 of Page 2, ¶3, 13-14 of Page 3, ¶7 of Page 5], therefore, the each of the plurality of elastic members is necessarily configured to compressively deformed and the pore structure is compressed to release the electrolyte solution, as claimed, when the electric core is extruded, so that electrolyte may be partially released to recharge the consumption of the electrolyte in the core, absent a showing of factually supported objective evidence to the contrary, see MPEP 2112(V); MPEP 2112.01(I) and (II); MPEP 2145; and MPEP 2145(I).
Regarding claim 18, in view of the rejection of claim 17 above, Mao discloses that the number of elastic porous structures contained in the containing cavity is 1 to 10 [¶6, 8 of Page 2, ¶3, 12, 14 of Page 3, ¶4 of Page 4, ¶2, 4, 7 of Page 5]. The elastic porous structures are adjacent to the outer surface of the electrode groups [FIG. 1] and may be placed in any position in the shell [¶4 of Page 4], e.g. may be arranged on the bottom surface of the shell [¶8 of Page 2, ¶4 of Page 4, ¶2, 4 of Page 5], and may be between two adjacent electrode groups [FIG. 1], therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the elastic porous structures arranged in the specific manner as defined by claim 18, given that they may be placed in any position in the shell and that they may be adjacent to the outer surface of the electrode groups and may be arranged on the bottom surface of the shell, thereby accommodating electric core extrusion and effectively prolonging the service life of a lithium ion power battery [¶3, 5, 7-8 of Page 2, ¶3 of Page 3], see MPEP 2143(I)(E).
Regarding claim 19, in view of the rejection of claim 17 above, Mao further discloses that the shell includes three sides (a case) [element 3, ¶6, 16 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶2, 4 of Page 5, FIG. 1] and an upper cover (a cover assembly) [element 4, ¶6 of Page 2, ¶3, 9, 12, 14 of Page 3, ¶2, 4 of Page 5, FIG. 1]. The shell with three sides, has an opening (the case having an opening) [FIG. 1], and the elastic porous structure may be placed in any position in the shell [¶4 of Page 4], e.g. may be arranged on the bottom surface of the shell (the elastic member being provided between the case and the electrode assembly) [¶8 of Page 2, ¶4 of Page 4, ¶2, 4 of Page 5]. The upper cover is covered on the shell to cover the opening and form a closed containing cavity (the cover assembly covering the opening to seal the case and form the accommodating cavity) [¶8 of Page 2, ¶2 of Page 5, FIG. 1].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Mao as applied to claim 17 under 35 U.S.C. 103 above, in view of Uhm (US 2016/0141565 A1, cited to above).
Regarding claim 20, Mao discloses the battery cell set forth above in the rejection of claim 17.
Mao remains silent regarding the pore structure of each of the plurality of elastic members is a sponge structure having a pore size ranging from a millimeter scale to a micron scale.
Uhm is directed towards a porous elastic body that can contain an electrolyte [element 140, 0010, FIG. 1]. Uhm teaches that pressure may be applied to the porous elastic body containing an electrolyte upon volume expansion of the electrode assembly to supply the electrolyte to the electrode assembly [0011, 0090]. The porous elastic body may be attached to an upper portion and/or a lower portion of the electrode assembly in a layered direction [0021-0022, 0024-0025, 0053, 0092]. The sizes of pores of the porous elastic body may be 0.01 micrometers to 5000 micrometers, and a porosity of the porous elastic body may be 20% to 95% [0013-0014, 0047].
Mao and Uhm each constitute prior art which is directly analogous to the claimed invention – an elastic member attached to an outer surface of an electrode assembly. In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic porous structures of Mao, so that the sizes of pores of the elastic porous structures are 0.01 micrometers to 5000 micrometers, in order to contain electrolyte, be able to accommodate volume expansion of the electrode assembly, and improve lifespan characteristics [Uhm, 0011-0014, 0043-0045]. The aforementioned pore size range overlaps the claimed pore size range, from a millimeter scale to a micron scale, thereby rendering the range obvious (MPEP 2144.05(I)).
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 l.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 l.17(a)) pursuant to 37 CFR l.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 JENNA X. COLTON whose telephone number is (571)272-2210. The examiner can normally be reached Monday-Friday 8AM-5PM.
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, Aaron Austin can be reached at (571)272-8935. 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.
/JENNA X. COLTON/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
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