DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 06/29/2026 is acknowledged.
Claims 13-28 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pellenq et al (US 2019/0218144).
Regarding claim 1, Pellenq discloses a structural supercapacitor ([0032]), comprising: a composite composed of i) an electrically conductive percolated network hosting a porosity for charge storage ([0037]) and ii) a non-electrically conductive structural matrix ([0038 and 0042]), the non-electrically conductive structural matrix having a controlled transport porosity configured to host an electrolyte solution ([0038 and 0042]).
Regarding claim 2, Pellenq further discloses that the composite is a product of chemical reactions of a chemically reactive mixture and wherein the controlled transport porosity is a function of an amount of a fluid in the chemically reactive mixture ([0140]).
Regarding claim 3, Pellenq further discloses that the fluid is a water-based solution ([0140]).
Regarding claim 4, Pellenq further discloses that an amount of the fluid in the chemically reactive mixture exceeds a level of the fluid required for formation of the non-electrically conductive structural matrix ([0140]).
Regarding claim 5, Pellenq further discloses that the composite further includes an electrolyte solution within the controlled transport porosity at a level of saturation ([0140]).
Regarding claim 6, Pellenq further discloses that the composite is an electrically conductive cement composite ([0032]).
Regarding claim 7, Pellenq further discloses at least one of sand, gravel, stones or other conductive or non-conductive aggregates mixed with the composite ([0042]).
Regarding claim 8, the language, term, or phrase "The structural supercapacitor of claim 1 being produced by additive manufacturing", is directed towards the process of making the structural supercapacitor of claim 1. It is well settled that "product by process" limitations in claims drawn to structure are directed to the product, per se, no matter how actually made. In re Hirao, 190 USPQ 15 at 17 (footnote 3). See also, In re Brown, 173 USPQ 685; In re Luck, 177 USPQ 523; In re Fessmann, 180 USPQ 324; In re Avery, 186 USPQ 161; In re Wethheim, 191 USPQ 90 (209 USPQ 554 does not deal with this issue); In re Marosi et al., 218 USPQ 289; and particularly In re Thorpe, 227 USPQ 964, all of which make it clear that it is the patentability of the final product per se which must be determined in a "product by process" claim, and not the patentability of the process, and that an old or obvious product produced by a new method is not patentable as a product, whether claimed in "product by process" claims or otherwise. The above case law further makes clear that applicant has the burden of showing that the method language necessarily produces a structural difference. As such, the language "The structural supercapacitor of claim 1 being produced by additive manufacturing" only requires the structural supercapacitor of claim 1, which does not distinguish the invention from Pellenq, who teaches the structure as claimed.
Regarding claim 9, Pellenq further discloses that the electrically conductive percolated network hosting a porosity includes porous electrically conductive particles ([0035-0038]).
Regarding claim 10, Pellenq further discloses that the porous electrically conductive particles are selected from a group having an accessible specific surface, including: carbon black nanoparticles ([0038]), activated carbon, carbon nanotubes, mXene, a metal-organic framework, or a mixture of electrically-conductive particles.
Regarding claim 11, Pellenq further discloses a non-conductive separator ([0047]) separating a first electrode structure and a second electrode structure ([0047]), the first and second electrode structures defined by the composite ([0047]), the first and second electrode structures enabling storage and retrieval of energy to and from the structural supercapacitor ([0047]).
Regarding claim 12, Pellenq further discloses that the first and second electrode structure are oriented in an arrangement configured for use to charge/discharge energy into/out of structural and/or non-structural elements in buildings, road and transportation infrastructure, foundations and other underground structures ([0139]).
Additional Relevant Prior Art:
ZHU et al (US 2014/0305806) teaches relevant art in Fig. 1-3.
XING et al (US 2014/0305807) teaches relevant art in Fig. 1-3.
Ceylan et al (US 2020/0262753) teaches relevant art in Fig. 1-30.
Pellenq et al (US 2021/0276921) teaches relevant art in Fig. 1-14.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MCFADDEN whose telephone number is (571)270-5649. The examiner can normally be reached M-Thur 8am-9pm PST.
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/MICHAEL P MCFADDEN/Primary Examiner, Art Unit 2847
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