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 .
Election/Restrictions
1. Applicant's election with traverse of Group I in the reply filed on 04/02/2026 is acknowledged. The traversal is on the ground(s) that the amendments to claim 1 and claim 10 each recite the same special technical feature that defines contribution over the prior art. This is not found persuasive because the technical feature of an electrode structure comprising a current collector having a current collector surface; a polymer gel electrode layer having an electrode surface that face the current collector surface; and an interlayer arranged between the current collector surface and the electrode surface to prevent any direct contact between the current collector layer and the polymer gel electrode layer, the interlayer comprising an electrically conducting material is not considered a special technical feature as it does not make contribution over the prior art in view of Wang et al. (Pub. No. US 20160204422 A1) in view of Solan et al. (Pub. No. US 20180138495 A1).
Wang teaches an electrode structure (16, Fig. 3, see [0025] Fig. 3 shows an embodiment of anode 16, not some features overlap from Fig. 2 and 3 and therefore overlapping features with Fig. 2 will be referenced as the same components for Fig. 3), the electrode structure (16, Fig. 3, see [0025]) comprising: a current collector layer (20, Fig. 3, see [0025]) having a current collector surface (surface of 20 directly in contact with 22, Fig. 3); an electrode layer (24, Fig. 3, see [0023]) having an electrode surface (surface of 24 directly in contact with 22, Fig. 3) that faces the current collector surface (surface of 20 directly in contact with 22, see Fig. 3 where surface of 20 and surface of 24 directly in contact with 22 face each other); and an interlayer (22, Fig. 3, see [0022]) arranged between the current collector surface (surface of 20 directly in contact with 22, Fig. 3) and the electrode surface (surface of 24 directly in contact with 22, Fig. 3, see where 22 is between the surfaces of 20 and 24) to prevent any direct contact between the current collector layer (20, Fig. 3, see [0025]) and the electrode layer (24, Fig. 3, see [0023], see Fig. 3 as 22 completely separates 20 and 24 it therefore prevents direct contact between the two layers), the interlayer (22, Fig. 3, see [0022]) comprising an electrically conducting material (graphite, see [0020] where 22 includes graphite), but Wang fails to teach wherein the electrode layer is a polymer gel electrode layer.
However, Solan teaches an electrode layer (extruded electrode in gel form, see [0134]) is a polymer gel electrode layer (extruded electrode in gel form, see [0134], see [0025] where the electrode includes a support polymer, therefore it is considered a polymer gel electrode, see [0010] where the negative electrode form includes silicon).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Wang such that the electrode layers 24 and 34 are formed polymer gel electrodes as taught by Solan to exhibit good mechanical strength and ionic conductivity (see [0029] of Solan), increased flexibility (see [0031] of Solan), and a simpler method of making (see [0032] of Solan). Further Wang teaches that modifications can be made (see [0044] of Wang).
The requirement is still deemed proper and is therefore made FINAL.
Claims 10-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/02/2026.
Response to Amendment
2. Applicant’s amendments with respect to claims filed on 04/02/2026 have been entered. Claims 1-18 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 10-18 have been withdrawn from consideration.
Priority
3. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on 08/22/2023, 09/18/2023, 04/21/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
5. Claim 1-2 and 7 are objected to because of the following informalities:
Regarding claim 1, the recitation “contract” in claim 1, line 7 should read “contact”.
Regarding claim 2, the recitation “the electrode layer” in claim 2, line 1, should read “the polymer gel electrode layer”.
Regarding claim 7, the recitation “electrode layer” in claim 7, line 2 should read “polymer gel electrode layer”.
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.
6. Claims 3-6 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.
Regarding claim 3, the recitation “an electrically conducting material” in claim 3, line 2 is indefinite because it is not clear if the electrically conducting material of the recitation is the same or different from the electrically conducting material in claim 1. For examination purposes the aforementioned recitation will be interpreted as “the electrically conducting material”.
Regarding claim(s) 4-6, the claim(s) is/are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
Claim Rejections - 35 USC § 103
7. 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.
8. Claim(s) 1-4 and 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub. No. US 20160204422 A1) in view of Solan et al. (Pub. No. US 20180138495 A1).
Regarding claim 1, Wang teaches an electrode structure (16, Fig. 3, see [0025] Fig. 3 shows an embodiment of anode 16, not some features overlap from Fig. 2 and 3 and therefore overlapping features with Fig. 2 will be referenced as the same components for Fig. 3) for use in a battery cell (10, Fig. 1, see [0015] where anode 16 is used in 10), the electrode structure (16, Fig. 3, see [0025]) comprising: a current collector layer (20, Fig. 3, see [0025]) having a current collector surface (surface of 20 directly in contact with 22, Fig. 3); an electrode layer (24, Fig. 3, see [0023]) having an electrode surface (surface of 24 directly in contact with 22, Fig. 3) that faces the current collector surface (surface of 20 directly in contact with 22, see Fig. 3 where surface of 20 and surface of 24 directly in contact with 22 face each other); and an interlayer (22, Fig. 3, see [0022]) arranged between the current collector surface (surface of 20 directly in contact with 22, Fig. 3) and the electrode surface (surface of 24 directly in contact with 22, Fig. 3, see where 22 is between the surfaces of 20 and 24) to prevent any direct contact between the current collector layer (20, Fig. 3, see [0025]) and the electrode layer (24, Fig. 3, see [0023], see Fig. 3 as 22 completely separates 20 and 24 it therefore prevents direct contact between the two layers), the interlayer (22, Fig. 3, see [0022]) comprising an electrically conducting material (graphite, see [0020] where 22 includes graphite), but Wang fails to teach wherein the electrode layer is a polymer gel electrode layer.
However, Solan teaches an electrode layer (extruded electrode in gel form, see [0134]) is a polymer gel electrode layer (extruded electrode in gel form, see [0134], see [0025] where the electrode includes a support polymer, therefore it is considered a polymer gel electrode, see [0010] where the negative electrode form includes silicon), and wherein the polymer gel electrode layer (extruded electrode in gel form, see [0134], see [0025] where the electrode includes a support polymer) is a free-standing electrode layer (self-supporting, see [0139] gives a specific example of an electrode which is a self-supporting gel film, although this is a specific example of a positive electrode film, the process can be used by both positive and negative electrodes as seen in [0037]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Wang such that the electrode layers 24 and 34 are formed as self-supporting polymer gel electrodes as taught by Solan to exhibit good mechanical strength and ionic conductivity (see [0029] of Solan), increased flexibility (see [0031] of Solan), and a simpler method of making (see [0032] of Solan). Further Wang teaches that modifications can be made (see [0044] of Wang).
Regarding claim 2, Wang in view of Solan teaches wherein the electrode layer (24, Fig. 3, see [0023], see modifications above) is a free-standing electrode layer (see modifications above where 24 is modified to be a self-supporting electrode layer).
Regarding claim 3, Wang in view of Solan teaches wherein the interlayer (22, Fig. 3, see [0022]) comprises a binder (binder, see [0022]) and an electrically conducting material (graphite, see [0020] where 22 includes graphite).
Regarding claim 4, Wang in view of Solan teaches wherein the binder (binder, see [0022]) comprises polyvinylidene fluoride (polyvinylidene fluoride, see [0022]).
Regarding claim 6, Wang in view of Solan teaches wherein the electrically conducting material (graphite, see [0020] where 22 includes graphite) comprises metal or carbon (see [0020] 22 comprises graphite which is a form of carbon).
Regarding claim 7, Wang in view of Solan teaches wherein the interlayer (22, Fig. 3, see [0022]) is an adhesive layer (see [0017] where 22 is bonded to 20, see [0023] where 24 is bonded to 22) that adheres the electrode layer 24, Fig. 3, see [0023], see modifications above) to the current collector layer (20, Fig. 3, see [0025], see [0017] and [0023] where 22 is bonded to 20 and 24, therefore it adheres 24 to 20 as it is between each layer and bonded to both).
Regarding claim 8, Wang in view of Solan teaches wherein the current collector layer (22, Fig. 3, see [0022]) comprises a further current collector surface (surface of 20 directly connected to 32, Fig. 3) opposite the current collector surface (surface of 20 directly in contact with 22, Fig. 3, see where these surfaces are opposite of each other), and the electrode structure (16, Fig. 3, see [0025] Fig. 3 shows an embodiment of anode 16, not some features overlap from Fig. 2 and 3 and therefore overlapping features with Fig. 2 will be referenced as the same components for Fig. 3) comprises: a further polymer gel electrode layer (34, Fig. 3, see [0028], see modifications above for 34 being a polymer gel electrode layer) having a further electrode surface (surface of 34 directly in contact with 32, Fig. 3) that faces the further current collector surface (surface of 20 directly connected to 32, see Fig. 3 where surface of 20 and 34 directly contacting 32 face each other); and a further interlayer (32, Fig. 3, see [0028]) arranged between the further current collector surface (surface of 20 directly connected to 32, Fig. 3) and the further electrode surface (surface of 34 directly in contact with 32, see Fig. 3 where 32 is between 20 and 34), the further interlayer (32, Fig. 3, see [0028]) comprising an electrically conducting material (graphite, see [0027] where 32 includes graphite).
Regarding claim 9, Wang in view of Solan teaches a battery cell (10, Fig. 1, see [0015]) incorporating the electrode structure (16, Fig. 3, see [0025] Fig. 3 shows an embodiment of anode 16, not some features overlap from Fig. 2 and 3 and therefore overlapping features with Fig. 2 will be referenced as the same components for Fig. 3) of claim 1 (see rejection of claim 1 above).
9. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (Pub. No. US 20160204422 A1) in view of Solan et al. (Pub. No. US 20180138495 A1) as applied to claim 3 above, and further in view of Yang et al. (Pub. No. US 20200243841 A1).
Regarding claim 5, Wang in view of Solan fails to teach wherein the binder comprises carboxymethyl cellulose.
However, Yang teaches wherein the binder (secondary binder, see [0016]) comprises carboxymethyl cellulose (carboxymethyl cellulose, see [0016]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Wang in view of Solan such that the binder comprises carboxymethyl cellulose as taught by Yang as an art effective equivalent binder for forming a carbon based intermediate layer (carbon intermediate layer, see [0015]) and improve capacity, energy density, and lifespan (see [0007] of Yang). Further Wang in view of Solan teaches that modifications can be made (see [0044] of Wang) and the binder can include organic or water based binders (see [0017] of Wang).
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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