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 .
Claim Objections
Claim 16 is objected to because of the following informalities:
LiMn1,5Ni0.5O4 should recite LiMn1.5Ni0.5O4 for purposes of clarity.
Li1,2Ni0.13Mn0.54Co0.13O2 should recite Li1.2Ni0.13Mn0.54Co0.13O2 for purposes of clarity.
LiMn1,5Ni0.5-xXxO4 should recite LiMn1.5Ni0.5-xXxO4 for purposes of clarity.
LiNi0,8Co0.15Al0,05O2 should recite LiNi0.8Co0.15Al0.05O2 for purposes of clarity.
Claim 19 is objected to because of the following informalities:
The acronym “NMC” should recite “LiNixMnyCozO2 with x+y+z=1 (NMC)” or similar for purposes of clarity.
The acronym “NMC433” should recite ““LiNixMnyCozO2 with x:y:z = 4:3:3 (NMC433)” for purposes of clarity.
Appropriate correction is required.
Claim Interpretation
Claim 2 recites “…a coating of an electronically conductive material, which is preferably selected from carbon or an electronically conductive oxide material…”. Claim 23, dependent on claim 2, further defines the electronically conductive oxide without requiring the presence thereof .
Claim 3 requires “the deposit of said coating of electronically conductive material is performed by atomic layer deposition ALD or by immersion in a liquid phase comprising a precursor of said electronically conductive material, followed by the transformation of said precursor…”. Claim 4, dependent on claim 3, further defines the precursor and transformation without requiring the presence thereof. Claim 24, dependent on claim 3, further defines the precursor and transformation without requiring the presence thereof. Claim 5, dependent on claim 24, further defines the precursor without requiring the presence thereof.
Claim 13 recites step (d) of “optionally, a coating of an electronically conductive material is deposited…so as to form porous anodes and cathodes”. Thus, step (d) is considered optional and as step (e) to step (h) require the porous anodes and porous cathodes of step (d), step (e) to step (h) are considered optional as well. Claim 15 requires the product resulting from step (h) and thus, claim 15 is considered optional as well.
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.
Claims 1-27 are 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 1 and 25-26, claim 1 recites the limitation "0 ≤ x < 1" on pg. 4 of 23, line 21 of the claim, claim 25 recites the limitation "0 ≤ x < 1" on pg. 19 of 23, line 3 of the claim and claim 26 recites the limitation "0 ≤ x < 1" on pg. 21 of 23, line 3 of the claim. There is insufficient antecedent basis for this limitation in the respective claims.
Regarding claim 1-2, 4-5, 11-13, 15, 18-19, 23-24, and 26-27 the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. Description of examples and preferences is properly set forth in the specification rather than in a single claim. See MPEP § 2173.05(d).
Regarding claim 4-5 and 23-24 the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding Claim 18, the phrase “…its electrolyte liquid contains…” does not have antecedent basis in the claim or the claim of which it is dependent upon. There is insufficient antecedent basis for these limitations in the claim. Examiner suggests the claim recite “…an electrolyte liquid…” .
Claim 2-9, 11-16 and 18-27 also rejected due to dependency on claim 1, 10 and 17.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 17-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaben (WO2019/215407A). The U.S. version (US 2021/0074991A) is used as the English translation and is referenced below.
Regarding Claim 17, Gaben teaches a lithium-ion battery (Para. [0187]) comprises at least one porous anode (Table 1 and Fig. 3), wherein the porous electrode layer is an anode (Para. [0001]) having a porosity greater than 30% by volume (Para. [0021]) and not exceeding 50% by volume (Para. [0028]) (i.e. comprising a porous layer with a porosity between 25% and 50% by volume), the average diameter of pores is between 8 nm and 20 nm (Para. [0028]) (i.e. pores with an average diameter of less than 50 nm), the porous electrode layer comprising nanoparticles which form an interconnected mesoporous network (Para. [0063]) (i.e. a porous network of a material A) and the nanoparticles are TiNb2O7 -(Para. [0118] and claim 14) (i.e. said material A is mixed oxide of niobium with titanium), the separator is a porous layer of material such as silica, alumina and zirconia between the electrodes (Para. [0107]) (i.e. the separator is a porous inorganic layer and is between the anode and the cathode).
Regarding Claim 18, Gaben teaches all of the elements of the current invention in claim 17 as explained above.
Gaben further teaches the battery comprises at least one ionic liquid containing PYR14TFSI (Para. [0175]) with more than 50% by weight of PYR14TFSI (Para. [0180]) (i.e. an electrolyte liquid contains at least 50% by mass ionic liquid, which is Pyr14TFSI).
Regarding Claim 20, Gaben teaches all of the elements of the current invention in claim 17 as explained above.
Gaben further teaches a thickness of the porous electrode layer is about 50 micrometers (Para. [0205]) (i.e. wherein it has electrodes with a thickness greater than 10 micrometers).
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 1-8, 10-16 and 21-27 are rejected under 35 U.S.C. 103 as being unpatentable over Gaben (WO2019/215407A).
Regarding Claim 1, Gaben teaches a method for manufacturing a porous electrode layer (Para. [0021], [0024]) for a battery (Para. [0324]) having an anode, cathode and separator (Table 1 and Fig. 3) wherein the porous electrode layer is an anode (Para. [0001]) having a porosity greater than 30% by volume (Para. [0021]) and not exceeding 50% by volume (Para. [0028]) (i.e. comprising a porous layer with a porosity between 25% and 50% by volume), the average diameter of pores is between 8 nm and 20 nm (Para. [0028]) (i.e. pores with an average diameter of less than 50 nm), wherein the method includes providing a substrate (Para. [0023]) and a colloidal suspension containing agglomerates of nanoparticles of at least one material P having an average primary diameter of less than or equal to 50 nm, wherein the colloidal suspension is monodispersed (Para. [0022], [0030]) (i.e. providing a colloidal suspension including monodisperse primary particles, the monodisperse primary particles being in the form of agglomerates) wherein the nanoparticles are an anode material P (Para. [0113]) (i.e. of at least one active material of anode A), the primary particles having a primary diameter D50 of less than or equal to 50 nm (Para. [0030]) (i.e. overlapping with an average primary diameter D-50 of between 2 nm and 100 nm) and the porous layer is impregnated by an ionic liquid (Para. [0016]) (i.e. the colloidal suspension also comprises a liquid constituent), the anode material P is TiNb2O7 -(Para. [0118] and claim 14) (i.e. said material A is mixed oxide of niobium with titanium), depositing a porous electrode later by electrophoresis, ink-jet printing, doctor blade, roll coating, curtain coating or dip coating from the colloidal suspension (Para. [0024]) (i.e. step b of the instant claim), the layer is dried (Para. [0025]) (i.e. drying said layer obtained in step b) and consolidating it by a pressing and/or heat treatment step (Para. [0027]) (i.e. step c). 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(I).
Regarding Claim 2, Gaben teaches all of the elements of the current invention in claim 1 as explained above.
Gaben further teaches depositing lithium lanthanum zirconium oxide on and inside the pores of the porous mesoporous layer (Para. [0043]) (i.e. depositing on and within the pores of said porous layer a coating of an electronically conductive material).
Regarding Claim 3, Gaben teaches all of the elements of the current invention in claim 2 as explained above.
Gaben further teaches the lithium lanthanum zirconium oxide is deposited by ALD (i.e. the deposit of said coating of electronically conductive material is performed by atomic layer deposition ALD).
Regarding Claim 4, Gaben teaches all of the elements of the current invention in claim 2 as explained above.
Gaben further teaches the lithium lanthanum zirconium oxide is deposited by ALD (i.e. the deposit of said coating of electronically conductive material is performed by atomic layer deposition ALD). Since the instant claim is being interpreted as defining the precursor and transformation without requiring the presence thereof, the presence of ALD method meets the limitations of claim 4.
Regarding Claim 5, Gaben teaches all of the elements of the current invention in claim 24 as explained below.
Gaben further teaches the lithium lanthanum zirconium oxide is deposited by ALD (i.e. the deposit of said coating of electronically conductive material is performed by atomic layer deposition ALD). Since the instant claim is being interpreted as defining the precursor without requiring the presence thereof, the presence of ALD method meets the limitations of claim 5.
Regarding Claim 6, Gaben teaches all of the elements of the current invention in claim 1 as explained above.
Gaben further teaches the primary nanoparticles in the form of aggregates or agglomerates having an average diameter of between 100 nm and 200 nm (Para. [0031]) (i.e. said primary nanoparticles are in the form of aggregates or agglomerates having an average diameter between 50 nm and 300 nm).
Regarding Claim 7, Gaben teaches all of the elements of the current invention in claim 1 as explained above.
Gaben further teaches the porous layer has a specific surface area of 43.80 m2/g (Para. [0297]) (i.e. said porous layer has a specific surface area of between 10 and 500 m2/g).
Regarding Claim 8, Gaben teaches all of the elements of the current invention in claim 1 as explained above.
Gaben further teaches a thickness of the porous electrode layer is between 1 micrometer and 6 micrometers (Para. [0092]).
Regarding Claim 10, Gaben teaches a porous electrode layer (Para. [0024]) which is an anode (Para. [0001]) having a porosity greater than 30% by volume (Para. [0021]) and not exceeding 50% by volume (Para. [0028]) (i.e. comprising a porous layer with a porosity between 25% and 50% by volume), the average diameter of pores is between 8 nm and 20 nm (Para. [0028]) (i.e. pores with an average diameter of less than 50 nm), nanoparticles which form an interconnected mesoporous network (Para. [0063]) (i.e. a porous network of a material A) and the nanoparticles are TiNb2O7 -(Para. [0118] and claim 14) (i.e. said material A is mixed oxide of niobium with titanium) and depositing lithium lanthanum zirconium oxide on and inside the pores of the porous mesoporous layer (Para. [0043]) (i.e. depositing on and within the pores of said porous layer a coating of an electronically conductive oxide material).
Regarding Claim 11, Gaben teaches all of the elements of the porous anode in claim 10 as explained above.
Gaben further teaches depositing lithium lanthanum zirconium oxide on and inside the pores of the porous mesoporous layer (Para. [0043]) (i.e. an electronically conductive oxide material).
Regarding Claim 12, Gaben teaches all of the elements of the porous anode in claim 10 as explained above.
Gaben further teaches a method of manufacturing lithium-ion battery comprising the porous electrode (i.e. a method of manufacturing a battery using a porous anode according to claim 10) (Para. [0187], [0240], [0263]).
Regarding Claim 13, Gaben teaches all of the elements of the method of claim 12 as explained above.
Gaben further teaches wherein battery comprises at least one separator and at least one porous cathode (Table 1 and Fig. 3), comprising the steps of providing at least two flat conducting substrates (Para. [0190]) (i.e. wherein a first substrate, a second substrate are provided, said substrate can be a substrate capable of acting as a collector of electric current), providing a colloidal suspension comprising aggregates or agglomerates of monodispersed nanoparticles of at least one cathode material with an average primary diameter D50 less than or equal to 50 nm (Para. [0062], [0188]) (i.e. a first colloidal suspension comprising aggregates or agglomerates of monodisperse primary nanoparticles, the monodisperse primary nanoparticles have an average primary diameter overlapping with an average primary diameter D-50 of between 2 nm and 100 nm) wherein the nanoparticles are an anode material P (Para. [0113]) (i.e. of at least one active material of anode A is provided), the primary nanoparticles in the form of aggregates or agglomerates having an average diameter of between 100 nm and 200 nm (Para. [0031]) (i.e. said primary nanoparticles are in the form of aggregates or agglomerates having an average diameter between 50 nm and 300 nm), the anode material P is TiNb2O7 -(Para. [0118] and claim 14) (i.e. said material A is mixed oxide of niobium with titanium), providing a colloidal suspension comprising aggregates or agglomerates of monodispersed nanoparticles of at least one cathode material with an average primary diameter D50 less than or equal to 50 nm (Para. [0062], [0189]) (i.e. a second colloidal suspension comprising aggregates or agglomerates of monodisperse primary nanoparticles, the monodisperse primary nanoparticles have an average primary diameter overlapping with an average primary diameter D-50 of between 2 nm and 100 nm) wherein the nanoparticles are a cathode material P (Para. [0109]) (i.e. of at least one active material of cathode C is provided), the primary nanoparticles in the form of aggregates or agglomerates having an average diameter of between 100 nm and 200 nm (Para. [0031]) (i.e. said primary nanoparticles are in the form of aggregates or agglomerates having an average diameter between 50 nm and 300 nm), and a colloidal monodispersing suspension of nanoparticles of silica in the form of aggregates or agglomerates with a particle size of 20 nm (Para. [0108]) (i.e. a third colloidal suspension is provided comprising aggregates or agglomerates of nanoparticles of at least one inorganic material E, the nanoparticles have an average primary diameter of between 2 nm and 100 nm) wherein the aggregates or agglomerates are obtained in the size of 100 nm (Para. [0108], [0194]) (i.e. the aggregates or agglomerates have an average diameter D50 between 50 nm and 300 nm), depositing at least one layer of cathode and anode from the suspensions on the substrates (Para. [0191]) (i.e. on at least one face of said substrate an anode layer form said first colloidal suspension supplied in step a is deposited, and on at least one face of said second substrate a cathode layer from said second colloidal suspension supplied in step a is deposited), drying the layers (Para. [0192]) (i.e. said anode and cathode layers obtained in step b are dried), hot pressing of layers to obtain an assembled stack of layers of anode and cathode, obtaining mesoporous inorganic cathode and anode layers) (Para. [0194], [0197]) (i.e. and each layer is consolidated by pressing and heating, to obtain a porous, mesoporous and inorganic anode layer and a porous, mesoporous and inorganic cathode layer). As steps (d) to (h) are optional, the claim limitations have been met. 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(I).
Regarding Claim 14, Gaben teaches all of the elements of the method of claim 13 as explained above.
Gaben further teaches colloidal monodispersing suspension of nanoparticles of silica in the form of aggregates or agglomerates, which is an electrically-insulating material (i.e. said inorganic material E is an electrical insulator) (Para. [0042], [0108], [0194]).
Regarding Claim 15, Gaben teaches all of the elements of the method of claim 13 as explained above.
As step (h) of claim 13 is considered optional, the limitations of claim 15 are optional and thus, the limitations have been met.
Regarding Claim 16, Gaben teaches all of the elements of the method of claim 12 as explained above.
Gaben further teaches the cathode material may be LiCoPO4, LiMn1.5Ni0.5O4, LiNi1/xCo1/yMn1/zO2 with x+y+z=10, LiMn1.5Ni0.5-xXxO4 where X is selected from Al, Fe, Cr, Co, Rh, Nd, other rare earths such as Sc, Y, Lu, La, Ce, Pr, Pm, Sm, Eu, Gd, Tb, Dy, Ho, Er, Tm, Yb where 0<x<0.1, LiNi0.8Co0.15Al0.05O2 (Para. [0110], [0111]).
Regarding Claim 21, Gaben teaches all of the elements of the current invention in claim 17 as explained above.
Gaben teaches the same structure of the anode of the battery of claim 21. Accordingly, the anode of Gaben would either (a) be expected to satisfy the mass capacity or (b) differences in the mass capacity set forth in the instant claim, having a mas capacity greater than 200 mAh/g would be slight differences in ranges that would be obvious. With respect to (a): The reasons regarding expectedness are that the structure/composition is identical to that of the instant claim, therefore it is expected that the anode of Gaben would satisfy this condition. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." See MPEP 2112.01. With respect to (b): If it is shown that such characteristics are not present, then any differences (regarding the mass capacity) would be small and obvious. 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(I).
Regarding Claim 22, Gaben teaches all of the elements of the current invention in claim 17 as explained above.
Gaben teaches the same structure and composition of the battery of claim 22. Accordingly, the anode of Gaben would either (a) be expected to satisfy being configured for use at temperature below -10 degrees Celsius or at a temperature higher than 50 degrees Celsius or (b) differences in the operating temperature set forth in the instant claim, being configured for use at temperature below -10 degrees Celsius or at a temperature higher than 50 degrees Celsius would be slight differences in ranges that would be obvious. With respect to (a): The reasons regarding expectedness are that the structure/composition is identical to that of the instant claim, therefore it is expected that the battery of Gaben would satisfy this condition. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." See MPEP 2112.01. With respect to (b): If it is shown that such characteristics are not present, then any differences (regarding being configured for use at a temperature below -10 and above 50 degrees Celsius) would be small and obvious. 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(I).
Regarding Claim 23, Gaben teaches all of the elements of the current invention in claim 2 as explained above.
Gaben further teaches depositing lithium lanthanum zirconium oxide on and inside the pores of the porous mesoporous layer (Para. [0043]) (i.e. depositing on and within the pores of said porous layer a coating of an electronically conductive material). Since the instant claim is being interpreted as defining the electronically conductive oxide without requiring the presence thereof, the presence of electronically conductive material meets the limitations of claim 23.
Regarding Claim 24, Gaben teaches all of the elements of the current invention in claim 3 as explained above.
Gaben further teaches the lithium lanthanum zirconium oxide is deposited by ALD (i.e. the deposit of said coating of electronically conductive material is performed by atomic layer deposition ALD). Since the instant claim is being interpreted as defining the precursor and transformation without requiring the presence thereof, the presence of ALD method meets the limitations of claim 24.
Regarding Claim 25, Gaben teaches all of the elements of the current invention in claim 3 as explained above.
Gaben further teaches the anode material P is TiNb2O7 -(Para. [0118] and claim 14) (i.e. the anode is a layer of TiNb2O7-δ wherein δ = 0).
Regarding Claim 26, Gaben teaches all of the elements of the current invention in claim 13 as explained above.
Gaben further teaches the anode material P is TiNb2O7 -(Para. [0118] and claim 14) (i.e. the anode is a layer of TiNb2O7-δ wherein δ = 0),
Regarding Claim 27, Gaben teaches all of the elements of the current invention in claim 13 as explained above.
Gaben further teaches depositing a porous electrode later by electrophoresis, ink-jet printing, doctor blade, roll coating, curtain coating or dip coating from the colloidal suspension (Para. [0024]) (i.e. the deposit is performed by a method of the instant claim 27).
Claims 9 and 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gaben (WO2019/215407A) in view of Lin et al. (US 2017/0263939) .
Regarding Claim 9, Gaben teaches all of the elements of the current invention in claim 1 as explained above.
Gaben does not teach wherein the substrate is an intermediate substrate of which said layer in step (c) after drying to form a porous anode plate.
However, Lin et al. teaches a method of fabricating a porous material for use as electrode (Para. [0048] and claim 1) wherein a colloidal particle template is dried on a substrate (Para. [0050]) and subsequently removed from the fine-array porous film (Para. [0053]) and is an anode (claim 17) (i.e. the substrate is an intermediate substrate of which said layer is separated after drying to form a porous anode plate).
Regarding Claim 19, Gaben teaches all of the elements of the current invention in claim 17 as explained above.
Gaben further teaches aluminum current collectors are used at the cathode (Para. [0074]) (i.e. its cathode current collector is made from aluminum), the cathode material may be LiNi1/xCo1/yMn1/zO2 with x+y+z=10 (i.e. the cathode is made of NMC) (Para. [0110])., a porosity greater than 30% by volume (Para. [0021]) and not exceeding 50% by volume (Para. [0028]) (i.e. comprising a porous layer with a porosity overlapping with a porous volume between 30% and 40% by volume), a mesoporous separator of Li3PO4 (Para. [0107], [0108]), the anode material P is TiNb2O7 -(Para. [0118] and claim 14) (i.e. the anode is a layer of TiNb2O7-δ wherein δ = 0), the electrode being impregnated by an electrolyte having an ionic liquid containing lithium salts (Para. [0045]) (i.e. said layer being impregnated by a liquid electrolyte containing lithium salts), and copper as a current collector material (Para. [0075]) (i.e. its anode current collector selected from copper). 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(I).
Gaben does not teach a conductive layer of carbon deposited in the pores.
However, Lin et al. teaches a fine-array porous material for use in electrodes may further comprise additional smaller-scale electrode materials in the void space of the pores such as graphene (Para. [0008]) (i.e. a conductive layer of carbon deposited in the pores).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gaben et al. to incorporate the teaching of a conductive layer of carbon deposited inside the pores as taught by Lin et al., as this would further increase the relative surface areas of electrodes (Para. [0008]) which further increases the capacity of the electrical energy stored therein (Para. [0004]).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1-27 provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1-27, respectively, of copending Application No. 18/269,810 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Conclusion
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/ARMINDO CARVALHO JR./Primary Examiner, Art Unit 1729