DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received on 01/13/2026:
Claims 8-27 are pending in the current application. Claims 8-13, 15-16 have been amended. Claims 15-20 are withdrawn. Claims 21-27 are new.
The previous prior art-based rejection have been overcome due to the amendment providing a narrower scope to the claims.
Response to Arguments
Applicant’s arguments, see Remarks Page 10, filed 01/13/2026, with respect to the objections to the drawings have been fully considered. The objections have been withdrawn in light of the amendments to the claims.
The Examiner also acknowledges the amendments to the specification.
Applicant’s arguments with respect to the claims have been considered but are moot due to the narrower scope provided by the amendment to the claims.
Claim Objections
Claims 8, 10, 12, 21, 23-24, and 26 are objected to because of the following informalities:
Claims 8, 10, and 24 recite “cabode” when it appears they are meant to recite “cathode”.
Claims 12 and 26 recite “consisting of rock salt layer oxide, a spinel compound, and an olivine compound, a tavorite compound, and combinations thereof” when they should recite ““consisting of a rock salt layer oxide, a spinel compound,
Claims 21 and 23 recite “wherein the first layer includes lithium iron phosphate (LFP) having a thickness of 110 µm” and “wherein first layer includes lithium iron phosphate (LFP) having a thickness of 46 µm” when they should recite “wherein the first layer includes lithium iron phosphate (LFP), and has a thickness of 110 µm” and “wherein first layer includes lithium iron phosphate (LFP), and has a thickness of 46 µm”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al (CN110729529A, using the provided machine English translation from Espacenet) in view of Shin et al (US 20200313175 A1).
Regarding claim 24, Zhang discloses a dual-layered capacitive cabode electrode, comprising: a first capacitive layer and a second capacitive layer that include a capacitive active material (capacitor-type positive electrode material layers 102 in Fig. 3d); the first capacitive layer on a first side of a current collector (current collector 103 in Fig. 3d); the second capacitive layer on a second side of the current collector to create a capacitive electrode (see Fig. 3d); a first side of the capacitive electrode has a cathode active material to create a first layer and a second side of the capacitive electrode also has the cathode active material to create a second layer (positive electrode material layers 101 in Fig. 3d; see entire disclosure and especially P52-54).
However, Zhang does not disclose the first capacitive layer and the second capacitive layer are free-standing films, or a method for fabricating the dual-layered capacitive cabode electrode, comprising coating a first side of the current collector with a slurry, coating a second side of the current collector with the slurry, laminating the first capacitive film onto the cathode active material on the first side of the electrode; and laminating the second capacitive film onto the cathode active material on the second side of the current collector.
In a similar field of endeavor, Shin teaches existing methods of electrode film fabrication for energy storage devices may impose a practical limit to various structural electrode properties (P4). Shin teaches novel combinations of electrode films may reveal combinations that provide improved performance to an energy storage device (P4).
Shin teaches a capacitor-battery hybrid with an electrode comprising a hybrid multilayer electrode film (P48). Shin teaches an electrode can comprise a current collector and an electrode film (112 in Fig. 1; P52; “the hybrid film may be used as an anode or cathode within a lithium ion battery”, P32). Shin teaches the electrode film can be a hybrid multilayer electrode film comprising a slurry-based wet-processed film (111 in Fig. 1) attached to the current collector and a free-standing dry processed electrode film (113 in Fig. 1) attached to the wet-processed film (P13, 52, 55, 68).
Shin teaches an active layer slurry mixture constituting the wet-processed film is disposed/deposited on the free-standing dry-processed film (P16). Shin teaches the films are stacked to form the single hybrid multilayer electrode film and then laminated to a current collector to form an electrode (P40).
Shin teaches voltage profiles between hybrid electrode films including both wet and dry processes showed improved charge and voltage profiles (P85).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the first capacitive layer and the second capacitive layer to be free-standing films and utilized the process of Shin in order to form both the first side and second side of the current collector, given Shin teaches combined electrode films for a capacitor-battery hybrid and Shin teaches novel combinations of electrode films may reveal combinations that provide improved performance to an energy storage device.
While the method of Zhang in view of Shin would provide wherein the cathode active material and capacitive active material are first combined then laminated to the current collector, rather than the current collector and cathode active material being combined, then the capacitive active material laminated on, the selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results. See In re Burhans, 154 F.2d 690, 69 USPQ 330 (CCPA 1946) (see MPEP § 2144.04).
Applicant’s specification states a method for manufacturing battery cells with dual-layered capacitive cabode electrodes having low capacitor ratios is illustrated in Fig. 9 (P59). The method of Fig. 9 appears to only describe a wet process for forming a dual-layered capacitive cabode electrode, not a combination of both dry and wet processes. Other examples of Applicant’s include utilizing only dry process films (Fig. 10) and dry and wet process layers (Figs. 11-12).
Therefore, unless objective evidence is provided by Applicant, the method of Shin, which includes both dry and wet processes, should form an electrode with similar properties as the electrode claimed.
Regarding claim 25, Zhang discloses the thickness of the dual-layered capacitive cabode electrode is 100–1500 μm, therefore, one of ordinary skill in the art would recognize that the thicknesses of the first capacitive film and the second capacitive film would be in the range of greater than 0 µm and less than 1500 µm. This range overlaps the claimed range of greater than 50 µm, and in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990) (See MPEP § 2144.05)
Regarding claim 26, Zhang discloses wherein the cathode active material is selected from the group consisting of rock salt layer oxide, a spinel compound, and an olivine compound, a tavorite compound, and combinations thereof (positive electrode material layers 101 can be lithium iron phosphate which is an olivine compound; see entire disclosure and especially P53).
Regarding claim 27, Zhang discloses wherein the capacitive active material is carbon (P18).
Allowable Subject Matter
If the objections provided above are overcome, claims 8-14 and 21-23 would be considered to include allowable subject matter.
Independent claim 8 has been amended to recite “A method for fabricating a dual-layered capacitive cabode electrode, comprising: fabricating a first capacitive film and a second capacitive film that include a capacitive active material, wherein the first capacitive film and the second capacitive film are free-standing films; laminating the first capacitive film onto a first side of a current collector; laminating the second capacitive film onto a second side of the current collector to create a capacitive electrode; coating a first side of the capacitive electrode laminated with the first capacitive film with a slurry including a cathode active material to create a first layer; and coating a second side of the capacitive electrode laminated with the second capacitive film with the slurry to create a second layer”.
Previously cited Zhang discloses a dual-layered capacitive cabode electrode, comprising: a first capacitive layer and a second capacitive layer that include a capacitive active material (capacitor-type positive electrode material layers 103 in Fig. 3d); the first capacitive layer on a first side of a current collector (see Fig. 3d); the second capacitive layer on a second side of the current collector to create a capacitive electrode (see Fig. 3d); a first side of the capacitive electrode has a cathode active material to create a first layer; and a second side of the capacitive electrode also has the cathode active material to create a second layer (positive electrode material layers 101 in Fig. 3d; see entire disclosure and especially P52-54).
Previously cited Zhong teaches a method for fabricating an electrode, comprising: fabricating a first capacitive film and a second capacitive film that include a capacitive active material; laminating the first capacitive film onto a first side of a current collector; laminating the second capacitive film onto a second side of the current collector to create a capacitive electrode.
Previously cited Mitchell teaches a current collector and a film of active electrode material are provided and stacked so that a first surface of the current collector is in contact with the film (P15). Mitchell teaches the resulting stack is then laminated by pressing the current collector and the film to cause the film to densify and to adhere to the first surface of the current collector, thereby obtaining a laminated electrode product (P15). Mitchel teaches friction between the current collector and the film helps to prevent spreading of the film during lamination (P16). Mitchel teaches the step of laminating may be performed so that the first film is densified without spreading to an extent necessitating trimming (P22).
Previously cited, Liu teaches liquid slurry is the most frequently used platform to fabricate the electrode materials mainly owing to its low cost and high processibility (Page 57, Left Column).
However, none of these references alone or in combination meet the limitations of amended claim 1.
Further search and consideration revealed Shin (as cited in the rejection of claims 24 and 26-27 above).
Shin teaches existing methods of electrode film fabrication for energy storage devices may impose a practical limit to various structural electrode properties (P4). Shin teaches novel combinations of electrode films may reveal combinations that provide improved performance to an energy storage device (P4).
Shin teaches a capacitor-battery hybrid with an electrode comprising a hybrid multilayer electrode film (P48). Shin teaches an electrode can comprise a current collector and an electrode film (112 in Fig. 1; P52; “the hybrid film may be used as an anode or cathode within a lithium ion battery”, P32). Shin teaches the electrode film can be a hybrid multilayer electrode film comprising a slurry-based wet-processed film (111 in Fig. 1) attached to the current collector and a free-standing dry processed electrode film (113 in Fig. 1) attached to the wet-processed film (P13, 52, 55, 68).
Shin teaches an active layer slurry mixture constituting the wet-processed film is disposed/deposited on the free-standing dry-processed film (P16). Shin teaches the films are stacked to form the single hybrid multilayer electrode film and then laminated to a current collector to form an electrode (P40).Shin teaches voltage profiles between hybrid electrode films including both wet and dry processes showed improved charge and voltage profiles (P85).
However, Shin’s Figure 1 shows that the wet-processed layer is the film that directly contacts the current collector and that the dry-processed film is attached to the wet-processed film. While Shin further discloses the wet-processed film can be applied to the dry-processed film and vice versa, it is only after the layers are combined that the hybrid multi-layer film is laminated onto a current collector.
There is nothing in Shin that states the dry-processed film is the film that comes into direct contact with the current collector. Only the wet-processed film is shown/described to be in direct contact with the current collector.
Further, while Shin teaches a composite film can be used as an additional layer between the current collector and the combined films, the film is stated to be formed by wet casting of a composite powder slurry, therefore is also a wet-processed layer (P52, 69).
Therefore, one of ordinary skill in the art would not believe the method of Shin would lead to one of ordinary skill in the art to form an electrode wherein a free-standing first capacitive film or a free-standing second capacitive film is disposed to be directly on the current collector.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary Harris whose telephone number is (571)272-0690. The examiner can normally be reached M-F 8 am-5 pm EST.
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, Ula Ruddock can be reached at (571)272-1481. 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.
/MARY GRACE HARRIS/Examiner, Art Unit 1729
Prosecution Insights