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 .
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 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.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claim(s) 1-2, 6, 8-9, 20, 23, 25-26, & 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2019/0372127) in view of JP2003282369A hereafter referred to as Tajiri.
In regards to claim 1,
Li ‘127 discloses a capacitor comprising:
a cathode layer (16 – fig. 1; [0019]) comprising activated carbon ([0019]);
an anode layer (18 – fig. 1; [0019]) comprising a prelithiated carbon material coated on a metal or a prelithiated graphite (38) coated on a metal (36; [0020-0021]); and
a membrane (20” – fig. 1; [0019]) between the cathode layer and the anode layer. Li ‘127 fails to disclose the activated carbon has a bimodal interconnected porosity including ultramicropores and mesapores, wherein the cathode layer has a thickness of greater than 0.5 mm.
Tajiri discloses activated carbon comprising a bimodal interconnected porosity including ultramicropores and mesapores (abstract) , wherein the cathode layer has a thickness of greater than 0.5 mm in a capacitor ([0044]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the cathode of Li ‘127 using the activated carbon of Tajiri and to have a thickness as taught by Tajiri to obtain a capacitor with a large capacity, good cyclic characteristics, and the desired shape/size.
In regards to claim 2,
Li ‘127 as modified by Tajiri further discloses comprising a spacer layer (34 – fig. 1; [0020] of Li ‘127) attached to the cathode layer.
In regards to claim 6,
Li ‘127 as modified by Tajiri further discloses comprising: a spacer layer (34 – fig. 1; [0020] of Li ‘127) attached to the cathode layer, wherein the spacer layer comprises a metal or a stainless steel.
In regards to claim 8,
Li ‘127 as modified by Tajiri further discloses wherein the membrane comprises a prelithiated material configured to store lithium ions
In regards to claim 9,
Li ‘127 as modified by Tajiri further discloses wherein the capacitor is a lithium-ion capacitor ([0052] of Li ‘127).
In regards to claim 20,
Li ‘127 discloses a device comprising:
at least one capacitor comprising:
an anode layer (18 – fig. 1; [0019]) comprising a prelithiated carbon material coated on a metal or a prelithiated graphite (38) coated on a metal (36; [0020-0021]);
a membrane layer (20” – fig. 1; [0019]);
a cathode layer (16 – fig. 1; [0019]) comprising activated carbon ([0019]), and wherein the membrane layer is positioned between the anode layer and the cathode layer (fig. 1). Li ‘127 fails to disclose the activated carbon has a bimodal interconnected porosity including ultramicropores and mesapores, wherein the cathode layer has a thickness of greater than 0.5 mm.
Tajiri discloses activated carbon comprising a bimodal interconnected porosity including ultramicropores and mesapores (abstract) , wherein the cathode layer has a thickness of greater than 0.5 mm in a capacitor ([0044]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the cathode of Li ‘127 using the activated carbon of Tajiri and to have a thickness as taught by Tajiri to obtain a capacitor with a large capacity, good cyclic characteristics, and the desired shape/size.
In regards to claim 23,
Li ‘127 as modified by Tajiri further discloses wherein the anode layer, the membrane layer, and the cathode layer are arranged without a layer of lithium in metal form positioned between the layers or adjacent the layers and without the layers having lithium in metal form (fig. 1; [0033] of Li ‘127).
In regards to claim 25,
Li ‘127 as modified by Tajiri further discloses wherein the capacitor is a coin cell capacitor ([0044] of Tajiri).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the capacitor of Li ‘127 to be a coin cell as taught by Tajiri based on the required characteristics of the capacitor and its use.
In regards to claim 26,
Li ‘127 as modified by Tajiri further discloses wherein the capacitor does not include a layer of lithium foil or lithium powder ([0032-0035] of Li ‘127).
In regards to claim 28,
Li ‘127 as modified by Tajiri further discloses wherein the capacitor has a capacitance retention of at least 65% after 2000 cycles at 8mA. When the structure recited in the references is substantially identical to that of the claims, claimed properties (capacitance retention) are presumed to be inherent.
In regards to claim 29,
Li ‘127 as modified by Tajiri further discloses wherein the capacitor has an energy density of at least 10 Wh/L. When the structure recited in the references is substantially identical to that of the claims, claimed properties (energy density) are presumed to be inherent.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li ‘127 as modified by Tajiri as applied to claim 1 above, and further in view of Zhamu et al. (US 2017/0148573).
In regards to claim 27,
Li ‘127 as modified by Tajiri fails to disclose wherein the cathode layer has a mass loading of up to 30 mg/cm2.
Zhamu ‘573 discloses the mass loading of the electrodes is a result effective variable, particularly for achieving high energy densities ([0010]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to construct the capacitor of Li ‘127 as modified by Tajiri such that the cathode layer has a mass loading of up to 30 mg/cm2 to obtain a capacitor with high energy density, as taught by Zhamu '573. Where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li ‘127 as modified by Tajiri as applied to claim 1 above, and further in view of Wright et al. (US 2013/0280579).
In regards to claim 30,
Li ‘127 as modified by Tajiri fails to disclose further comprising a gel electrolyte.
Wright ‘579 discloses further comprising a gel electrolyte ([0095]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form to use a gel electrolyte as taught by Wright ‘579 as the electrolyte of Li ‘127 as modified by Tajiri to obtain a capacitor that has reduced flammability and does not leak away under prolonged use.
Claim(s) 20-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ra et al. (US 2012/0087060) in view of Tajiri.
In regards to claim 20,
Ra ‘060 discloses a device comprising:
at least one capacitor (110 – fig. 3; [0026]) comprising:
an anode layer (112a/112b – fig. 3; [0032-0034) comprising a prelithiated carbon material coated on a metal or a prelithiated graphite coated on a metal;
a membrane layer (160 – fig. 3; [0027]);
a cathode layer (11b – fig. 3; [0030]) comprising activated carbon ([0030]), and wherein the membrane layer is positioned between the anode layer and the cathode layer (fig. 3). Ra ‘060 fails to disclose the activated carbon has a bimodal interconnected porosity including ultramicropores and mesapores, wherein the cathode layer has a thickness of greater than 0.5 mm.
Tajiri discloses activated carbon comprising a bimodal interconnected porosity including ultramicropores and mesapores (abstract) , wherein the cathode layer has a thickness of greater than 0.5 mm in a capacitor ([0044]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the cathode of Ra ‘060 using the activated carbon of Tajiri and to have a thickness as taught by Tajiri to obtain a capacitor with a large capacity, good cyclic characteristics, and the desired shape/size.
In regards to claim 21,
Ra ‘060 as modified by Tajiri further discloses wherein the device is included in a rechargeable battery, an on-board computer memory backup circuit; a real time clock - battery backup; a utility meter; a solar battery backup and energy storage device; a hybrid car battery, an electric vehicle battery, a hybrid vehicle battery, a laptop computer battery, a smart phone battery, a tablet battery, and an industrial control device ([0005] of Ra ‘060).
In regards to claim 22,
Ra ‘060 as modified by Tajiri further discloses wherein the anode layer, the membrane layer, and the cathode layer are arranged without a layer of lithium in metal form positioned between the layers or adjacent the layers and without the layers having lithium in metal form (fig. 3 of Ra ‘060).
In regards to claim 23,
Ra ‘060 as modified by Tajiri further discloses wherein the at least one capacitor is at least two capacitors, each of the capacitors having the anode layer, the membrane layer, and the cathode layer, the capacitors being connected to each other (fig. 3 of Ra ‘060).
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.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M SINCLAIR whose telephone number is (571)270-5068. The examiner can normally be reached M-TH from 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Dole can be reached at (571) 272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David M Sinclair/Primary Examiner, Art Unit 2848