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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 31st, 2025, was filed after the mailing date of the Non-final Rejection on September 25th, 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
In response the amendments received, filed in Remarks, on December 18th, 2025:
Claims 1-20 are pending in the current application, and claim 1 has been amended.
Claim 1 has been amended to recite “the accommodating groove is recessed from the outer surface and does not protrude from an inner surface of the wall portion,”.
Status of Objection and Rejections Pending from the Office Action of September 25th, 2025:
The previous claim rejections under 35 U.S.C 102(a)(1) and/or 102(a)(2) have been overcome in view of the amendments received in the Remarks on December 18th, 2025.
The previous claims rejections under 35 U.S.C 103 have been overcome in view of the amendments received in the Remarks on December 18th, 2025.
Response to Arguments
Applicant’s arguments, see Remarks, filed December 18th, 2025 , with respect to the rejections of claim 1 under Sun et al (already on the record) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Sun et al (already on the record) and Meng et al, CN 215989094 U (as cited in IDS and English translation provided for citation).
Meng et al teaches an exhaust device for a battery cell [Meng, 0005], wherein a second through hole is used to communicate with the space defined by a first recess so the gas inside the battery cell can be discharged normally [Meng, 0026].
Applicant argues figure 2 of Sun clearly shows protrusion 122 protrudes from the inner surface of the cover plate 11/mounting plate 12, therefore, failing to disclose or suggest the feature of “the accommodating groove is recessed from the outer surface and does not protrude from an inner surface of the wall portion.
In response to applicants’ argument, the protrusion 11 protrudes relative to the connection portion in a direction away from the cover plate, and forms a recess on a side close to the cover plate [Sun, 0009], and is not explicitly stated to protrude from an inner surface of the cover plate, rather is stated to form a recess, therefore, figure 2 showing the protrusion that protrudes from the inner surface of the cover plate could be considered a preferred embodiment.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10, 15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al, CN 208507798 U (already on the record) and Meng et al, CN 215989094 U (as cited in IDS and English translation provided for citation).
Regarding Claim 1, Sun discloses a secondary battery (Sun, 1; Figure 1) comprising an electrode assembly (Sun, 2; Figure 1) and a case/shell (Sun, 3; Figure 1) [Sun, 0036], corresponding to the housing of the claim, with a receiving cavity to accommodate the electrode assembly [Sun, 0038], wherein the shell includes a cover plate (Sun, 11; Figure 1) comprising a mounting plate (Sun, 12; Figure 1), corresponding to the wall portion of the claim, wherein the outer surface of the mounting plate, the surface closest to the electrode assembly as shown in figure 1, has a protrusion (Sun, 122; Figure 2), corresponding to the accommodating groove of the claim, that extends along a first direction, as shown in figure 2, and the bottom wall of the protrusion has a through hole, H2 [Sun, 0045], corresponding to the first through hole of the claim, in which H2 communicates with the breathable membrane (Sun, 13; Figure 1), which is within the protrusion, corresponding to the accommodating cavity of the accommodating groove, and a space located on a side of the mounting plate away from the cover plate [Sun, 0040], corresponding to the internal space of the housing. Sun further discloses a gas-permeable assembly, shown in figure 3, at least partially disposed in the protrusion of the mounting plate, as shown in figure 2, and spaced apart from the bottom wall of the protrusion. The gas-permeable assembly comprises a support block (Sun, 14; Figure 3), corresponding to the fixing member of the claim, and a protective sheet (Sun, 16; Figure 3)[Sun, 0046], corresponding to the gas-permeable film of the claim, and the support block comprises a through hole, H3, corresponding to the second through hole of the claim, that extends along the first direction as shown in figure 4. The gas-permeable film comprises a waterproof breathable membrane (Sun, 13; Figure 3), corresponding to the covering portion of the claim, and a recess, R, corresponding to the connection portion of the claim, wherein the waterproof breathable membrane covers the H3 through hole, which corresponds to the second through hole, along the first direction, in which gas passes through the mounting plate (Sun, 12; Figure 3), then through the waterproof breathable membrane (Sun, 13; Figure 3), and through the cover plate (Sun, 11; Figure 3) to be discharged outside of the battery [Sun, 0016]. The support block (Sun, 14; Figure 3), corresponding to the fixing member, is placed in the recess, R, (Sun, R; Figure 3), corresponding to the connection portion, of the mounting plate [Sun, 0052]. Furthermore, Sun discloses a sealing member (Sun, 15; Figure 3), corresponding to the support member of the claim, that is at least partially clamped between the protrusion of the mounting plate (Sun, 122; Figure 4), and the recess, R, as shown in figure 4. However, Sun is silent to teach on the accommodating groove being recessed from the outer surface and does not protrude from an inner surface of the wall portion.
Meng teaches an exhaust device for a battery cell [Meng, 0005], wherein figure 10 of Meng shows the second through-hole (Meng, 2413; figure 10), corresponding to the first through-hole of the claim, wherein the second through-hole may be used to communicate the interior space of the battery cell with the first recess [Meng, 0182], connected to a clearance space shown in figure 6 of (Meng, 2415; figure 6), corresponding to the accommodating groove of the claim, between the bottom of the second recess and the exhaust mechanism, connected to the exhaust body (Meng, 241; figure 6), corresponding to the wall portion of the claim, wherein the outer surface of the wall portion is the side of the exhaust mechanism closets to the connector (Meng, 2421; figure 6) and the ventilation member (Meng, 2422; figure 6) as show in figure 6 of Meng, and the inner surface is the side of the exhaust mechanism closest to the second through-hole (Meng, 2423; figure 6). Therefore, the clearance space is recessed from the exhaust body, but does not protrude from an inner surface of the exhaust body.
Meng and Sun are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application to modify Sun to include the clearance space as taught by Meng because such modification would improve the safety performance of the battery cell [Meng, 0174].
Regarding Claim 2, modified Sun teaches the battery cell of claim 1, wherein the sealing member (Sun, 15; Figure 3), can be a ceramic sealing ring [Sun, 0048], therefore is entirely annular, the sealing member is disposed around the H2 through hole, corresponding to the first through hole of the claim, and engaged with the recess, R, and the protrusion of the mounting plate, as shown in figures 4 and 7.
Regarding Claim 3, modified Sun teaches the battery cell of claim 1, wherein a side surface of the mounting plate (Sun, 12; Figure 2), corresponding to the wall portion of the claim, comprises a protrusion (Sun, 122; Figure 2), corresponding to the accommodating groove, is facing the gas-permeable assembly, as shown in figure 2, and recessed within the first groove, G1, as shown in figure 4, wherein the sealing member (Sun, 15; Figure 2), is also shown in figure 4 to be partially accommodated in the groove.
Regarding Claim 4, modified Sun teaches the battery cell of claim 1, wherein the protrusion of the mounting plate (Sun, 12; Figure 2) comprises a connection portion (Sun, 121; Figure 7), corresponding to the first accommodating section, and an extending portion (Sun, 152; Figure 4), corresponding to the second accommodating section of the claim, distributed along the first direction. The connection portion is connected to the protrusion (Sun, 122; Figure 7) [Sun, 0045], and is shown to be recessed from the outer surface of the wall in figure 7. As shown in figures 3 and 4, the radial dimension of the connection portion is greater than a maximum radial dimension of the extending portion, and there is a surface step connection between the side wall surface of the connection portion and the side wall surface of the extending piece, shown in figure 4, wherein the support block (Sun, 14; Figure 3), corresponding to the fixing member, is at least partially located in the first accommodating space and supported on the first step, as shown in figure 7, and at least a portion of the sealing member (Sun, 15; Figure 7), corresponding to the support member, is dispose in the extending portion, wherein the extending portion, connects to the main body of the sealing member [Sun, 0049].
Regarding Claim 5, modified Sun teaches the battery cell according to claim 4, but is silent to teach on a depth of H1 of the first accommodating section is denoted and the thickness of the fixing member satisfies 1≤ H1/T≤2.5.
While Sun does not explicitly teach the depth of H1 of the first accommodating section is denoted and the thickness of the fixing member satisfies 1≤ H1/T≤2.5, Sun does teach the thickness of the support block (Sun, 14; Figure 2), corresponding to the fixing member of the claim, has a thickness greater than that of the waterproof breathable membrane (Sun, 13; Figure 2), thereby protecting extending the service life of the waterproof membrane [Sun, 0046], which discharges the gas produced in the battery [Sun, 0041], therefore, it would be obvious to optimize the relationship between the depth of the first accommodating section and the thickness of the fixing member, such that it satisfies 1≤ H1/T≤2.5, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the relationship between the depth of the first accommodating section and the thickness of the fixing member, such that is satisfies 1≤ H1/T≤2.5 or such that is does not satisfies 1≤ H1/T≤2.5.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, wherein the depth of the first accommodating section and the thickness of the fixing member satisfies 1≤ H1/T≤2.5, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 6, modified Sun teaches the battery cell according to claim 4, but is silent to teach on a first accommodating sub-section and a second accommodating sub-section.
While Sun does not explicitly teach a first accommodating sub-section and a second accommodating sub-section, Sun does teach on a connection portion (Sun, 121; Figure 2), corresponding to a first accommodating section, fixed to the cover plate (Sun, 11; Figure 2) [Sun, 0045], and a part of the mounting plate (Sun, 12; Figure 2), that allows gas to pass through [Sun, 0041]. Furthermore, Sun teaches on an extending portion (Sun, 152; Figure 4), corresponding to the second accommodating section, that is connected to the main body (Sun, 151; Figure 4), and facilitates the installation and positioning of the sealing member (Sun, 15; Figure 4), therefore, it would be obvious to optimize the first and second accommodating portions to have sub-sections along the first direction, wherein a radial dimension of the first accommodating sub-section is greater than a radial dimension of the second accommodating sub-section, wherein the first step surface is connected between a side wall surface of the first accommodating sub-section and the side wall surface of the first accommodating section, at least a portion of the gas-permeable film is located in the first accommodating sub-section, and at least a portion of the support member is located in the second accommodating sub-section, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions, such that the first and second accommodating portion have sub-sections that satisfy the requirements above, or such that the first and second accommodating portion do not have sub-sections that satisfy the requirements above.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, such that the first and second accommodating portion have sub-sections that satisfy the requirements above, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 7, modified Sun teaches the battery cell according to claim 6, but is silent to teach on a depth of H2 of the first accommodating section sub-section and a thickness M of the gas-permeable film satisfies 0≤ H2-M≤0. 7mm.
While Sun does not explicitly teach the depth of H2 of the first accommodating section sub-section and a thickness M of the gas-permeable film satisfies 0≤ H2-M≤0. 7mm, Sun does teach the thickness of the waterproof breathable membrane (Sun, 13; Figure 2) is 1mm to 5mm and can be adjusted according to the material of the membrane, as long as the bursting pressure is 0.9 MP [Sun, 0044], therefore, it would be obvious to optimize the relationship between the depth of H2 of the first accommodating section sub-section and a thickness M of the gas-permeable film, such that it satisfies 0≤ H2-M≤0. 7mm, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the relationship between the depth of H2 of the first accommodating section sub-section and a thickness M of the gas-permeable film, such that it satisfies 0≤ H2-M≤0. 7mm or such that is does not satisfies 0≤ H2-M≤0. 7mm.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, wherein the depth of H2 of the first accommodating section sub-section and a thickness M of the gas-permeable film satisfies 0≤ H2-M≤0. 7mm, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 8, modified Sun teaches the battery cell according to claim 6, but is silent to teach on a depth H3 of the second accommodating section sub-section and a thickness Q of the support member satisfies 0.1≤ H3/Q≤0.95.
While Sun does not explicitly teach on a depth H3 of the second accommodating section sub-section and a thickness Q of the support member satisfies 0.1≤ H3/Q≤0.95, Sun does teach sealing member (Sun, 15; Figure 2), corresponding to the support member of the claim, prevents external moisture from entering the battery cell [Sun, 0048], therefore, it would be obvious to optimize the relationship between the depth H3 of the second accommodating section sub-section and a thickness Q of the support member, such that is satisfies 0.1≤ H3/Q≤0.95, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the relationship between the or such that is does not satisfies 0.1≤ H3/Q≤0.95.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, the depth H3 of the second accommodating section sub-section and a thickness Q of the support member, such that is satisfies 0.1≤ H3/Q≤0.95 unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, wherein depth H3 of the second accommodating section sub-section and a thickness Q of the support member satisfies 0.1≤ H3/Q≤0.95, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 9, modified Sun teaches the battery cell according to claim 6, but is silent to teach on, along a radial direction of the first through hole, a gap exists between the support member and a side wall of the second accommodating sub-section.
While Sun does not explicitly teach on a second accommodating sub-section, it can be seen within figure 4, a gap along a radial direction of the through hole, H2, which corresponds to the first through hole of the claim, and the sealing member (Sun, 15; Figure 4), corresponding to the support member of the claim, could be present in the area of the extending portion (Sun, 152; Figure 4), that would correspond to the second accommodating sub-section, wherein the sealing member prevents external moisture from entering the battery cell [Sun, 0048], therefore, it would be obvious to optimize the battery cell to have the gap, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the design of the battery cell, such that a gap exist between the support member and the side wall of the second accommodating sub-section, or such that a gap does not exist.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, such that a gap exists between the support member and the side wall of the second accommodating sub-section, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 10, modified Sun teaches the battery cell according to claim 6, but is silent to teach, along the radial direction of the first through hole, an outer diameter, D1, of the second accommodating sub-section, and an outer diameter, D2, of the support member, satisfy 0.2≤ D1/D2≤0.95.
While Sun does not explicitly teach on an outer diameter, D1, of the second accommodating sub-section, and an outer diameter, D2, of the support member, satisfy 0.2≤ D1/D2≤0.95, therefore, it would be obvious to optimize the relationship between the outer diameter, D1, of the second accommodating sub-section, and an outer diameter, D2, of the support member, such that is satisfies 0.2≤ D1/D2≤0.95, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the relationship between the outer diameter, D1, of the second accommodating sub-section, and an outer diameter, D2, of the support member, such that it satisfies 0.2≤ D1/D2≤0.95 or that is does not satisfy 0.2≤ D1/D2≤0.95.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, wherein relationship between the outer diameter, D1, of the second accommodating sub-section, and an outer diameter, D2, of the support member satisfies 0.2≤ D1/D2≤0.95, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 15, modified Sun teaches the battery cell of claim 1, but is silent to teach on the diameter of the second through hole to range from 0.5 mm to 3mm.
While Sun does not explicitly teach the diameter of the second through hole to range from 0.5mm to 3mm, Sun teaches the third through hole, H3, corresponding to the second through hole of the claim, wherein the extending portion (Sun, 152; Figure 5), extends through H3, and adheres to the wall, to facilitate the installation and positioning of the sealing member (Sun, 15; Figure 4), therefore, it would be obvious to optimize the diameter of the second through hole to be within the range of 0.5 mm to 3mm, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the diameter range of the second through hole, such that it is within the range of 0.5 mm to 3mm or that is it not.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, wherein the diameter range of the second through hole, such that it is within the range of 0.5 mm to 3mm, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 17, modified Sun teaches the battery cell of claim 1, but is silent to teach on the first vertical distance between the outer edge of the gas-permeable film and an outer edge of the fixing member is in a range of 1 mm to 5 mm.
While Sun does not explicitly teach on the first vertical distance between the outer edge of the gas-permeable film and an outer edge of the fixing member is in a range of 1 mm to 5 mm, Sun does teach waterproof breathable membrane (Sun, 13; Figure 3), corresponding to the cover portion, thus a part of the gas-permeable film, to have a thickness of 1 mm to 5 mm, and can be adjusted according to the material [Sun, 0044], therefore, it would be obvious to optimize the first vertical distance between the outer edge of the gas-permeable film and an outer edge of the fixing member is in a range of 1 mm to 5 mm to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the first vertical distance between the outer edge of the gas-permeable film and an outer edge of the fixing member is in a range of 1 mm to 5 mm or that it is not within a range of 1 mm to 5 mm.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, such that the first vertical distance between the outer edge of the gas-permeable film and an outer edge of the fixing member is in a range of 1 mm to 5 mm, and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Regarding Claim 18, modified Sun teaches the battery cell according to claim 1, wherein the battery comprises a housing (Sun, 3; Figure 1), that includes a shell (Sun, 3; Figure 1) with and opening at one end [Sun, 0038], and a cover plate (Sun, 11; Figure 1), corresponding to the end cover assembly of the claim, that is fixed to the opening of the housing and enclosed the electrode assembly in the housing [Sun, 0039]. The cover plate include a mounting plate (Sun, 12; Figure 1) [Sun, 0040], that corresponds to the wall portion of the claim.
Regarding Claim 19, modified Sun teaches a secondary battery and it cover assembly [Sun, 0006], as disclosed in claim 1.
Claims 11, 13-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Sun et al, CN 208507798 U (already on the record) and Meng et al, CN 215989094 U (as cited in IDS and English translation provided for citation), as applied to claim 1 above, in further view of Yue et al, US 20210151723 A (already on the record).
Regarding Claim 11, modified Sun teaches the battery cell of claim 1, wherein the sealing member (Sun, 15; Figure 3), corresponding to the support member, has a main body (Sun, 151; Figure 4), corresponding to the sealing ring of the claim, that is clamped between the support block (Sun, 14; Figure 4) and the cover plate (Sun, 11; Figure 4) to improve the sealing performance [Sun, 0048], and thereby compressing the main body into the recess, R, (Sun, R; Figure 4), corresponding to the connection portion and into the bottom wall of the protrusion (Sun, 122; Figure 4), corresponding to the accommodating groove. However, Sun is silent to teach on the sealing ring being an elastic sealing ring.
Yue teaches a mounting seat for a pressure relief device comprising a seal ring [Yue, 0010], wherein the seal ring is made of an elastic material [Yue, 0030].
Yue and Sun are considered analogous arts in the area of pressure relief devices for batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify Sun to include the elastic seal rings as taught by Yue, because such modification would help prevent external dust particles of liquid from entering the battery pack through gaps [Yue, 0054].
Regarding Claim 13, modified Sun teaches the battery cell of claim 11, wherein along the first direction, an orthographic projection of the elastic sealing ring is in a shape of and elliptical ring, as shown in figure 3 of Sun.
Regarding Claim 14, modified Sun teaches the battery cell of claim 1, but is silent to teach on the second through hole is one a plurality of second through holes spaced apart on the fixing member.
Yue teaches a valve core (Yue, 3504; Figure 3B), corresponding to the fixing member of the claim, through holes, a plurality are depicted in figure 3B and are shown to be spaced apart [Yue, 0048].
Yue and Sun are considered analogous arts in the area of pressure relief devices for batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify Sun to include the plurality of second through holes as taught by Yue, because such modification would allow the gas inside the battery to be slowing discharged into the external environment [Yue, 0048], which would prevent build up.
Regarding Claim 16, modified Sun teaches the battery cell of claim 1, wherein the second through hole is a plurality of second through holes (Yue, 3504; Figure 3B) [Yue, 0048], along a radial direction of the first through hole, as shown in figure 2 of Sun, however, Sun is silent on a minimum vertical distance between an outer edge of the gas permeable film and a hole wall of the second through hole in a range of 1 mm to 6mm or multiple vertical distances exist between the outer edge of the gas-permeable film and hole walls of the multiple second through holes, wherein a minimum value of the multiple vertical distances is in a range from 1 mm to 6mm.
While neither Sun or Yue explicitly teach a minimum vertical distance between an outer edge of the gas permeable film and a hole wall of the second through hole in a range of 1 mm to 6mm or multiple vertical distances exist between the outer edge of the gas-permeable film and hole walls of the multiple second through holes, wherein a minimum value of the multiple vertical distances is in a range from 1 mm to 6mm, therefore, it would be obvious to optimize the vertical distance between an outer edge of the gas-permeable film and a hole wall of the second through hole and the multiple vertical distances exist between the outer edge of the gas-permeable film and hole walls of the multiple second through holes to be within the range of 1 mm to 6 mm for both, to achieve the most desirable and efficient battery properties, such as maintaining internal and external air pressure balance and improve the safety performance of the battery [Sun, 0041]. There are a finite number of identified predictable solutions for the vertical distance between an outer edge of the gas-permeable film and a hole wall of the second through hole and the multiple vertical distances exist between the outer edge of the gas-permeable film and hole walls of the multiple second through holes, such that they are within the range of 1 mm to 6mm or that they are not within the range.
Therefore, absence of unexpected results, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have selected from the finite number of identified predictable solutions disclosed above, wherein the vertical distance between an outer edge of the gas-permeable film and a hole wall of the second through hole and the multiple vertical distances exist between the outer edge of the gas-permeable film and hole walls of the multiple second through holes are within the range of 1 mm to 6 mm and one of ordinary skill in the art would have a reasonable expectation of success in doing so, see MPEP 2143 (E).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al, CN 208507798 U (already on the record) and Meng et al, CN 215989094 U (as cited in IDS and English translation provided for citation) and Yue et al, US 20210151723 A (already on the record), as applied to claim 11 above, in further view of Ma, Yaqiang, CN 116315506 A (already on the record).
Regarding Claim 12, modified Sun teaches the battery cell of claim 11, wherein the main body (Sun, 151; Figure 4), corresponding to the sealing ring of the claim, is coaxially arranged and distributed along the radial direction of through hole H2, corresponding to the first through hole of the claim, as shown in figure 4, however, Sun is silent to teach on the elastic sealing rings is one of two or more elastic sealing rings.
Ma teaches a battery cell comprising a plurality of sealing rings, a first sealing ring between the sealing body and the sealing cover and a second sealing ring between the sealing body and the batter cell [Ma, 0071].
Ma and modified Sun are considered analogous arts in the area of batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify Sun to include the plurality of sealing rings as taught by Ma because such modification would improve the sealing effect [Ma, 0071].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Sun et al, CN 208507798 U (already on the record) and Meng et al, CN 215989094 U (as cited in IDS and English translation provided for citation) , as applied to claim 19 above, in further view of Yue et al, US 20210151723 A (already on the record).
Regarding Claim 20, modified Sun teaches the battery of claim 19, but is silent to teach on an electric apparatus comprising the battery, wherein the battery is configured to provided electric energy.
Yue teaches a battery pack mounted in an electric vehicle, electric automobile, hybrid vehicle and so on [Yue, 0056], corresponding to the electric apparatus of the claim.
Yue and Sun are considered analogous arts in the area of pressure relief devices for batteries and power storage devices.
Therefore, it would have been obvious to a person with ordinary skill in the art, before the effective filing date of the instant application, to modify the battery of Sun to be included within the electric apparatus taught by Yue, because it is well-known to use batteries in electric apparatus and that they provide electric energy. Further, a simple substitution of one known element for another to obtain predictable results supports prima facie obviousness determination (MPEP 2143, I, B).
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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/LILIAN ALICE ODOM/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722