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 filed 13 August 2026 have been fully considered but they are not persuasive.
Firstly, applicant argues Majima teaches away from the claim as amended specifically the use of a freestanding cathode. New grounds of rejection have been made based on the amendment and thus arguments relating to Majima are moot.
Applicant further argues the Office action acknowledges Aref fails to disclose a mass loading of up to 30 mg/cm2. Applicant further argues the mass loading of the cathode of Aref is 5.26 mg/cm2 which is well below the required loading of up to 30 mg/cm2. The examiner disagrees with said assertion. The Office action explicitly noted said feature is taught in section 2.2 of Aref. Furthermore, as 5.26 is less than 30, Aref reads on the limitation of up to 30 mg/cm2 (i.e. 0-30, with 30 being inclusive). It is noted as currently presented, the limitation does not require the mass loading is 30 mg/cm2 or more. As noted above, new grounds of rejection (see below) have been made based on the amendments. All claims stand rejected.
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, 25, 28, & 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (US 2012/0134075) in view of Bimodal porous carbon cathode and prelithiated coalesced carbon onion anode for ultrahigh power energy efficient lithium ion capacitors hereafter referred to as Aref.
In regards to claim 1,
Kawai ‘075 discloses a lithium-ion capacitor comprising:
a freestanding cathode layer (10 – fig. 1; [0053]) comprising activated carbon ([0053]), wherein the freestanding cathode layer has a thickness of greater than 0.5 mm ([0053]);
an anode layer (22 – fig.1; [0051]) comprising a prelithiated carbon material coated on a metal or a prelithiated graphite coated on a metal ([0054] & [0068]); and
a membrane (30 – fig. 1; [0051] and/or second 21 – fig. 1; [0054]) between the freestanding cathode layer and the anode layer. Kawai ‘075 fails to disclose the activated carbon has a bimodal porosity including ultramicropores and mesapores interconnected with the ultramicropores, wherein the lithium-ion capacitor has an energy density of at least 10Wh/L, and wherein the freestanding cathode layer has a mass loading of up to 30mg/cm2.
Aref discloses activated carbon has a bimodal porosity including ultramicropores and mesapores interconnected with the ultramicropores, wherein the freestanding cathode layer has a mass loading of up to 30mg/cm2 (section 2.2 & 3).
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 Kawai ‘075 using the cathode material of Aref to obtain a capacitor with a large specific capacitance. The combination discloses wherein the lithium-ion capacitor has an energy density of at least 10Wh/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.
In regards to claim 2,
Kawai ‘075 as modified by Aref further discloses comprising a spacer layer (40 – fig. 1; [0051] of Kawai ‘075) attached to the freestanding cathode layer.
In regards to claim 6,
Kawai ‘075 as modified by Aref further discloses comprising: a spacer layer (40 – fig. 1; [0051] of Kawai ‘075) attached to the freestanding cathode layer, wherein the spacer layer comprises a metal or a stainless steel ([0051] of Kawai ‘075).
In regards to claim 8,
Kawai ‘075 as modified by Aref further discloses wherein the membrane comprises a prelithiated material configured to store lithium ions ([0068] of Kawai ‘075).
In regards to claim 20,
Kawai ‘075 discloses a device comprising:
at least one lithium-ion capacitor comprising:
an anode layer (22 – fig.1; [0051]) comprising a prelithiated carbon material coated on a metal or a prelithiated graphite coated on a metal ([0054] & [0068]);
a membrane layer (30 – fig. 1; [0051] and/or second 21 – fig. 1; [0054]);
a freestanding cathode layer (10 – fig. 1; [0053]) comprising activated carbon ([0053]), wherein the freestanding cathode layer has a thickness of greater than 0.5 mm ([0053]), and wherein the membrane layer is positioned between the anode layer and the freestanding cathode layer (fig. 1). Kawai ‘075 fails to disclose the activated carbon has a bimodal porosity including ultramicropores and mesapores interconnected with the ultramicropores, wherein the lithium-ion capacitor has an energy density of at least 10Wh/L, and wherein the freestanding cathode layer has a mass loading of up to 30mg/cm2.
Aref discloses activated carbon has a bimodal porosity including ultramicropores and mesapores interconnected with the ultramicropores, wherein the freestanding cathode layer has a mass loading of up to 30mg/cm2 (section 2.2 & 3).
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 Kawai ‘075 using the cathode material of Aref to obtain a capacitor with a large specific capacitance. The combination discloses wherein the lithium-ion capacitor has an energy density of at least 10Wh/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.
In regards to claim 25,
Kawai ‘075 as modified by Aref further discloses wherein the capacitor is a coin cell capacitor ([0051] of Kawai ‘075 & section 2.2 of Aref).
In regards to claim 28,
Kawai ‘075 as modified by Aref 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 32,
Kawai ‘075 discloses a lithium-ion capacitor comprising:
a cathode layer (10 – fig. 1; [0053]) comprising activated carbon [0053]), wherein the cathode layer has a thickness of greater than 0.5 mm [0053]), wherein the cathode layer is formed from compressing a cathode mixture comprising the activated carbon ([0053]);
an anode layer (22 – fig.1; [0051]) comprising a prelithiated carbon material coated on a metal or a prelithiated graphite coated on a metal ([0054] & [0068]); and
a membrane (30 – fig. 1; [0051] and/or second 21 – fig. 1; [0054]) between the cathode layer and the anode layer. Kawai ‘075 fails to disclose the activated carbon with a bimodal porosity including ultramicropores and mesopores interconnected with the ultramicropores, wherein the cathode layer has a bulk density greater than 0.45 g/cc, wherein the lithium-ion capacitor has an energy density of at least 10 Wh/L.
Aref discloses activated carbon has a bimodal porosity including ultramicropores and mesapores interconnected with the ultramicropores, wherein the cathode layer has a bulk density greater than 0.45 g/cc (section 2.2 & 3).
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 Kawai ‘075 using the cathode material of Aref to obtain a capacitor with a large specific capacitance. The combination discloses wherein the lithium-ion capacitor has an energy density of at least 10Wh/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.
In regards to claim 33,
Kawai ‘075 as modified by Aref further discloses wherein the cathode layer is a freestanding cathode layer ([0053] of Kawai ‘075).
Claim(s) 21 & 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai ‘075 as modified by Aref as applied to claim 1 above, and further in view of Ra et al. (US 2012/0087060).
In regards to claim 21,
Kawai ‘075 as modified by Aref fails to explicitly 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.
Ra ‘060 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]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate the device of Kawai ‘075 as modified by Aref into an electronic component as taught by Ra ‘060 to obtain an electronic component with an energy source that has the benefit of the device of Majima ‘118 as modified by Aref.
In regards to claim 23,
Kawai ‘075 as modified by Aref further fails to disclose wherein the at least one lithium ion capacitor is at least two lithium ion capacitors, each of the lithium ion capacitors having the anode layer, the membrane layer, and the freestanding cathode layer, the capacitors being connected to each other.
Ra ‘060 discloses wherein the at least one lithium ion capacitor is at least two lithium ion capacitors, each of the lithium ion capacitors having the anode layer, the membrane layer, and the cathode layer, the capacitors being connected to each other ([0009]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to connect a plurality of the lithium ion capacitors of Kawai ‘075 as modified by Aref in parallel or series to obtain as taught by Ra ‘060 to obtain a desired energy storage characteristic.
Claim(s) 22 & 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai ‘075 as modified by Aref as applied to claim 1 above, and further in view of Li et al. (US 2019/0372127).
In regards to claim 22,
Kawai ‘075 as modified by Aref fails to explicitly 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.
Li ‘127 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; [0032-0035]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to remove the lithium metal layer of Kawai ‘075 as modified by Aref after pre-lithiation as taught by Li ‘127 to obtain a capacitor that is lighter in weight and allow for use of the lithium metal layer in pre-lithiation of future cell production.
In regards to claim 26,
Kawai ‘075 as modified by Aref fails to explicitly discloses wherein the capacitor does not include a layer of lithium foil or lithium powder.
Li ‘127 discloses wherein the capacitor does not include a layer of lithium foil or lithium powder (fig. 1; [0032-0035]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to remove the lithium metal layer of Kawai ‘075 as modified by Aref after pre-lithiation as taught by Li ‘127 to obtain a capacitor that is lighter in weight and allow for use of the lithium metal layer in pre-lithiation of future cell production.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai ‘075 as modified by Aref as applied to claim 1 above, and further in view of Wright et al. (US 2013/0280579).
In regards to claim 30,
Kawai ‘075 as modified by Aref 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 Kawai ‘075 as modified by Aref to obtain a capacitor that has reduced flammability and does not leak away under prolonged use.
Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai ‘075 as modified by Aref as applied to claim 1 above, and further in view of Tang et al. (US 2019/0371533).
In regards to claim 31,
Kawai ‘075 as modified by Aref fails to disclose wherein a ratio of the mass loading of the freestanding cathode layer to a mass ratio of the anode layer is between 3:1 and 4:1.
Tang ‘533 discloses a ratio of the mass loading of the freestanding cathode layer to a mass ratio of the anode layer is a result effective variable, particularly for improving energy density and specific capacity ([0017).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to construct the capacitor of Kawai ‘075 as modified by Aref such that a ratio of the mass loading of the freestanding cathode layer to a mass ratio of the anode layer is between 3:1 and 4:1 to obtain a capacitor with improved energy density and specific capacity, as taught by Tang ‘533. 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.
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.
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, TIMOTHY J 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 2847
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