Prosecution Insights
Last updated: April 19, 2026
Application No. 18/780,828

Carbon Electrode Material for Improving the Performance of Supercapacitors and Method of Making Carbon Electrode Material

Non-Final OA §103
Filed
Jul 23, 2024
Examiner
RAMASWAMY, ARUN
Art Unit
2848
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
U.S. Department of Energy
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
97%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
660 granted / 784 resolved
+16.2% vs TC avg
Moderate +13% lift
Without
With
+12.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
821
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
54.9%
+14.9% vs TC avg
§102
30.5%
-9.5% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 784 resolved cases

Office Action

§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 . 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. Claim(s) 1-3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over El-Kady et al. (US Publication 2015/0098167) in view of Duan et al. (US Publication 2018/0090768). In re claim 1, El-Kady discloses a carbon electrode material (CEM) comprising: a hierarchical, interconnected, 3D network of thin, crumpled, graphene sheets (80 – Figure 5, ¶76, Abstract), wherein the graphene sheets comprise irregularly shaped ([¶118] discloses an interconnected pore structure.) wherein the CEM comprises a BET SSA between approximately 1400 m2 g-1 and approximately 2200 m2 g-1 (Claim 36), and wherein the CEM comprises a Raman ID/IG intensity ratio between approximately 0.05 to approximately 1.2 (Figure 11A, [¶87] discloses a Raman spectrum D band peak of 1350 cm-1 and a G band peak of 1585 cm-1 to 1579 cm-1.). El-Kady does not disclose the CEM comprises micro-, meso- and macro-scale pore structures. Duan discloses the CEM comprises irregularly shaped (¶69) micro-, meso- and macro-scale pore structures (¶84). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the pore structure of Duan to facilitate the rapid mass transport and mitigating diffusion resistance across the entire monolithic structure as well as increasing the ion-accessible surface area to provide high capacity and high rate capability even at high areal mass loading (¶53 – Duan). In re claim 2, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady further discloses a Raman I2D/IG intensity ratio between approximately 0.2 to approximately 0.8 (Figure 11A, [¶87] discloses a 2D Raman peak from 2700 cm-1 to 2600 cm-1.) . In re claim 3, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady further discloses an atomic carbon/oxygen (C/O) ratio between approximately 20 to approximately 100 (Claim 45). In re claim 5, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady does not disclose the pores have a diameter between approximately 0.5 nm and approximately 200 nm. Duan discloses the pores have a diameter between approximately 0.5 nm and approximately 200 nm (¶84). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the pore structure of Duan to facilitate the rapid mass transport and mitigating diffusion resistance across the entire monolithic structure as well as increasing the ion-accessible surface area to provide high capacity and high rate capability even at high areal mass loading (¶53 – Duan). In re claim 6, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady further discloses the CEM further comprises a conductivity between approximately 1000 Sm-1 and approximately 2500 Sm-1 (¶76, Claim 32, Claim 33, Claim 34). In re claim 7, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady further discloses the CEM further comprises a conductivity of at least 1000 Sm-1 (¶76, Claim 32, Claim 33, Claim 34). In re claim 8, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady further discloses the CEM further comprises a conductivity of at least 1000 Sm-1 is configured to have a conductivity of at least 1000 Sm-1 when an electrical current is applied to the CEM (¶76-77, Figure 22F). Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over El-Kady et al. (US Publication 2015/0098167) in view of Duan et al. (US Publication 2018/0090768) and in further view of Murakami et al. (US Patent 6,865,068). In re claim 4, El-Kady in view of Duan discloses the CEM of claim 1, as explained above. El-Kady does not disclose a total pore volume between approximately 1.5 cm3 g-1 and approximately 2.5 cm3 g-1. Murakami discloses a porous carbonaceous electrode (col.1 ll.5-10) having a total pore volume between approximately 1.5 cm3 g-1 and approximately 2.5 cm3 g-1 (Table 1: Example 5). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the pore volume distribution as described by Murakami to achieve a device having a desired balance between capacitance and bulk density (col.4 ll.17-63: Murakami). Claim(s) 9-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over El-Kady et al. (US Publication 2015/0098167) in view of Duan et al. (US Publication 2018/0090768). In re claim 9, El-Kady discloses a supercapacitor comprising: a first electrode, a second electrode, a porous separator (86 – Figure 4, ¶77, ¶93) positioned between the first (top 82 – Figure 4, ¶77) and second electrodes (bottom 82 – Figure 4), and an electrolyte (¶77) in electronic and physical contact with the first and second electrodes and the porous separator (Figure 4), wherein at least one of the first and second electrodes comprise a carbon electrode material (CEM) (80 – Figure 4, ¶77), the CEM comprising: a hierarchical, interconnected, 3D network of thin, crumpled, graphene sheets (80 – Figure 5, ¶76, Abstract), wherein the graphene sheets comprise irregularly shaped ([¶118] discloses an interconnected pore structure.) wherein the CEM comprises a BET SSA between approximately 1400 m2 g-1 and approximately 2200 m2 g-1 (Claim 36), and wherein the CEM comprises a Raman ID/IG intensity ratio between approximately 0.05 to approximately 1.2 (Figure 11A, [¶87] discloses a Raman spectrum D band peak of 1350 cm-1 and a G band peak of 1585 cm-1 to 1579 cm-1.). El-Kady does not disclose the CEM comprises micro-, meso- and macro-scale pore structures. Duan discloses the CEM comprises irregularly shaped (¶69) micro-, meso- and macro-scale pore structures (¶84). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the pore structure of Duan to facilitate the rapid mass transport and mitigating diffusion resistance across the entire monolithic structure as well as increasing the ion-accessible surface area to provide high capacity and high rate capability even at high areal mass loading (¶53 – Duan). In re claim 10, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady further discloses a Raman I2D/IG intensity ratio between approximately 0.2 to approximately 0.8 (Figure 11A, [¶87] discloses a 2D Raman peak from 2700 cm-1 to 2600 cm-1.) In re claim 11, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady further discloses an atomic carbon/oxygen (C/O) ratio between approximately 20 to approximately 100 (Claim 45). In re claim 12, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady does not disclose the pores have a diameter between approximately 0.5 nm and approximately 200 nm. Duan discloses the pores have a diameter between approximately 0.5 nm and approximately 200 nm (¶84). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to incorporate the pore structure of Duan to facilitate the rapid mass transport and mitigating diffusion resistance across the entire monolithic structure as well as increasing the ion-accessible surface area to provide high capacity and high rate capability even at high areal mass loading (¶53 – Duan). In re claim 13, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady further discloses the CEM further comprises a conductivity between approximately 1000 Sm-1 and approximately 2500 Sm-1 (¶76, Claim 32, Claim 33, Claim 34). In re claim 14, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady further discloses the CEM further comprises a conductivity of at least 1000 Sm-1 (¶76, Claim 32, Claim 33, Claim 34). In re claim 15, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady further discloses the CEM further comprises a conductivity of at least 1000 Sm-1 is configured to have a conductivity of at least 1000 Sm-1 when an electrical current is applied to the CEM (¶76-77, Figure 22F). Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over El-Kady et al. (US Publication 2015/0098167) in view of Duan et al. (US Publication 2018/0090768) and in further view of Zhamu et al. (US Publication 2017/0148573). In re claim 16, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady does not disclose a maximum gravimetric energy density at current density of 1.0 A/g between approximately 8.0 Wh kg-1 and approximately 20.0 Wh kg-1. Zhamu discloses a process of increasing active material mass loading (¶51) of porous layers of graphene containing interconnected conductive pathways (¶26, ¶33) creating an increase in energy density (¶10, ¶25). Note that the mass loading of the graphene layers can exceed 30 mg/cm2, and thus, increase the gravimetric energy density, as described in [¶9] and [¶10] of the Specification of the Instant Application. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to adjust the active material loading as described by Zhamu to achieve a device having a desired maximum gravimetric energy density, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re claim 17, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady does not disclose a gravimetric specific capacitance between approximately 150 F/g and approximately 250 F/g per gram CEM at a current density of 1.0 A/g of CEM. Zhamu discloses a process of increasing active material mass loading (¶51) of porous layers of graphene containing interconnected conductive pathways (¶26, ¶33) creating an increase in capacitance (¶10, ¶25). Note that the mass loading of the graphene layers can exceed 30 mg/cm2, and thus, increase the gravimetric specific capacitance, as described in [¶9] and [¶10] of the Specification of the Instant Application. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to adjust the active material loading as described by Zhamu to achieve a device having a desired gravimetric specific capacitance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re claim 18, El-Kady in view of Duan discloses the CEM of claim 9, as explained above. El-Kady does not disclose a gravimetric specific capacitance between of at least 150 F/g at a current density of 1.0 A/g of CEM. Zhamu discloses a process of increasing active material mass loading (¶51) of porous layers of graphene containing interconnected conductive pathways (¶26, ¶33) creating an increase in capacitance (¶10, ¶25). Note that the mass loading of the graphene layers can exceed 30 mg/cm2, and thus, increase the gravimetric specific capacitance, as described in [¶9] and [¶10] of the Specification of the Instant Application. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to adjust the active material loading as described by Zhamu to achieve a device having a desired gravimetric specific capacitance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhamu et al. (US publication 2018/0019071) Abstract, [ ¶62] Zhamu et al. (US Publication 2019/0206632) [¶95] El-Kady et al. (US Publication 2016/0148759) [¶97] Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN RAMASWAMY whose telephone number is (571)270-1962. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 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, 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. 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. /ARUN RAMASWAMY/ Primary Examiner, Art Unit 2848
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Prosecution Timeline

Jul 23, 2024
Application Filed
Feb 21, 2026
Non-Final Rejection — §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
84%
Grant Probability
97%
With Interview (+12.8%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 784 resolved cases by this examiner. Grant probability derived from career allow rate.

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