Prosecution Insights
Last updated: April 19, 2026
Application No. 18/548,171

METHOD FOR MANUFACTURING ELECTROLYTIC COPPER FOIL

Non-Final OA §102§103
Filed
Aug 28, 2023
Examiner
RUFO, LOUIS J
Art Unit
1795
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kzam Corporation
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
78%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allow Rate
378 granted / 694 resolved
-10.5% vs TC avg
Strong +24% interview lift
Without
With
+23.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
62 currently pending
Career history
756
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
47.6%
+7.6% vs TC avg
§102
27.4%
-12.6% vs TC avg
§112
20.4%
-19.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 694 resolved cases

Office Action

§102 §103
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. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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- 4 and 7-15 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Huang et al (US 2019/0173091 A1) . As to claim s 1 and 3 , Huang discloses a method for manufacturing an electrolytic copper foil, comprising: preparing an electrolyte containing copper ion and nickel ion by dissolving copper (Cu) and nickel (Ni) in sulfuric acid ([0023] and Table 3 see columns at top for copper, nickel, or sulfuric acid) ; and forming a copper layer by supplying an electric current to a positive plate and a negative electrode rotating drum disposed apart from each other in the electrolyte ([0021] with drum 11, Table 3 current in ASD) , wherein a concentration of the nickel ion is 50 ppm to 350 ppm (See table 3 Examples 2/4/6/8 207 ppm which falls within the instantly claimed ranges of instant claim 1 and instant claim 3) . As to claims 2 and 4, Huang discloses the method as claimed using the same bath constituents as claimed. The instant specification ties this property to the inclusion of nickel into an electrolyte for manufacturing the electrolytic copper foil into the amounts claimed– see [0013] and [0066] of the as filed specification. Therefore, the property of curl measurement value as claimed is deemed to be an inherent property of the prior art foils due to the inclusion of nickel into the plating baths at the instantly claimed ranges and thus property anticipated. See MPEP 2112.01 . As to claims 7-14, Huang discloses wherein an organic additive is further added when the electrolyte is prepared, and the organic additive includes at least one of an elongation agent, (Table 3 polyethylene glycol at 1 ppm which further reads on instant claims 8, 9, and 10), a tensile strength agent (Table 3 trimethyl thiourea which also reads on instant claim 8) , and a gloss agent (Table 3 MPS which is 3-mercpato-1-propanesulfonic acid in an amount 1.35 ppm which further reads on instant claims 13 and 14) . Regarding claims 11 and 12, the recitation further limits the optional inclusion of the specific tensile strength agents via dependency on instant claim 7 of “the organic additive includes at least one…” thus since the prior art discloses the other elongation agent and gloss agent, claims 11 and 12 are deemed anticipated via the broadest reasonable interpretation. As to claim 15, Huang discloses wherein the thickness of the electrolytic foil is less than 10 micrometers (Table 4 8 micrometers in each example). 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 . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim s 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2004/0104117 A1) in view of Huang et al (US 2019/0173091 A1) . As to claims 1, 3, 5, and 6 Yang discloses a method for manufacturing an electrolytic copper foil (Title) , comprising: preparing an electrolyte containing copper ion and nickel ion by dissolving copper (Cu) and nickel (Ni) in sulfuric acid ([0033] specific example with copper at 80 g/l and sulfuric acid at 90 g/l which reads on the specific ranges of instant claim 6) ; and forming a copper layer by supplying an electric current to a positive plate and a negative electrode rotating drum disposed apart from each other in the electrolyte ([00 41 ] at 60 A/dm 2 which falls within the current density claimed in instant claim 5 ) . Yang fails to explicitly disclose wherein a concentration of the nickel ion is 50 ppm to 350 ppm . Huang discloses the formation of copper foils with the inclusion of nickel in the electrolyte at is 50 ppm to 350 ppm (See table 3 Examples 2/4/6/8 207 ppm which falls within the instantly claimed ranges of instant claim 1 and instant claim 3) . It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have used nickel in the electrolyte at the specific ranges as taught by Huang in the electrolyte of Yang because its inclusion controls the presence of voids in the as formed copper foil ([0023] Huang). As to claims 2 and 4, Yang, as modified by Huang, discloses the method as claimed using the same bath constituents as claimed. The instant specification ties this property to the inclusion of nickel into an electrolyte for manufacturing the electrolytic copper foil into the amounts claimed– see [0013] and [0066] of the as filed specification. Therefore, the property of curl measurement value as claimed is deemed to be an inherent property of the prior art foils due to the inclusion of nickel into the plating baths at the instantly claimed ranges and thus property anticipated. See MPEP 2112.01. As to claims 7-14, Yang discloses wherein an organic additive is further added when the electrolyte is prepared, and the organic additive includes at least one of an elongation agent, (Table 1 polyethylene glycol at 1 ppm in Embodiment 1 which further reads on instant claims 8, 9, and 10), a tensile strength agent (Table 1 2-imidazolidinethione which also reads on instant claim 8) , and a gloss agent (Table 3 SPS which is bis0(3-sulfonylpropyl)-disulfide in an amount 1 ppm in Embodiment 2, 5 ppm in embodiment 4, and 3 ppm in embodiment 7 which further reads on instant claims 13 and 14) . Regarding claims 11 and 12, the recitation further limits the optional inclusion of the specific tensile strength agents via dependency on instant claim 7 of “the organic additive includes at least one…” thus since the prior art discloses the other elongation agent and gloss agent, claims 11 and 12 are deemed anticipated via the broadest reasonable interpretation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LOUIS J RUFO whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7716 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday to Friday, 9 am to 5 pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Luan Van can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-8521 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LOUIS J RUFO/ Primary Examiner, Art Unit 1795
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
78%
With Interview (+23.9%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 694 resolved cases by this examiner. Grant probability derived from career allow rate.

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