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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/10/2026 has been entered.
Response to Amendment
Applicant’s amendments, filed 8/10/2026, have been fully considered and reviewed by the examiner. The examiner notes the amendments to claims 1, cancellation of claims 2 and 11. Claims 1, 4-7, 9-10, 13-16, 19-21 are pending. In view of the amendment to the claims, the examiner has withdrawn the 35 USC 112(a) and 112(b) rejections of record.
Response to Arguments
Applicant’s arguments have been considered but have been deemed unpersuasive as they are directed to newly added claim requirements that are specifically addressed hereinafter.
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.
Claim(s) 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20070212538 A1 by Niu et al.
Niu discloses forming the SiNW using Au catalyzed VLS process (See 0181). Niu discloses an interconnected SiNW grown on a highly doped Si substrate to form a hydrid nanomaterial/three dimensional scaffold that includes a plurality of Si NW forming from a portion of the substrate (VLS growth) and depositing a graphene coating (a single or few layers) onto the scaffold (0180-0181, see “semiconductor wafer platform (e.g., Si) using the nanowires, bird's nest structures and interconnected nanowire networks described throughout”, “a highly doped silicon wafer”, “For example, metallic catalyst nanoparticles, e.g., Au nanoparticles, can be deposited in the channels 2204, and then Si nanowires can be grown by using a VLS growth process”, “Further deposition of carbon on the surface of the nanowires results in the growth of graphene layers or sheets, as described herein”). P-type doping is specifically taught at paragraph 100. The product as claimed is thus anticipated by the prior product even if the product is made by a slightly different process. Here, the method of collapsing or “are collapsed” does not appear to differentiate the mesh of the prior art from that of the instant claims, where the mesh/bird’s nest structure can reasonably read on the term “collapsed” or produced by collapsing. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)” or collapsing using liquid nitrogen. Annealing in H2 is taught by the prior art (0017, 0181). Once the examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an nonobvious difference between the claimed product and the prior art product. In re Marosi, 710 F.2d 799, 803, 218 USPQ 289, 292-33 (Fed. Cir. 1983).
Allowable Subject Matter
Claims 1, 4-7, 8-10, 13-14, 19-21 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Niu discloses forming the SiNW using Au catalyzed VLS process (See 0181); however, none of the prior art cited or reviewed by the examiner alone or in combination reasonably discloses or makes obvious the collapsing the Au catalyzed VLS using liquid nitrogen and thereafter annealing mesh with hydrogen as instantly claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID P TUROCY whose telephone number is (571)272-2940. The examiner can normally be reached Mon, Tues, Thurs, and Friday, 7:00 a.m. to 5:30 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached on 571-272-5166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID P TUROCY/ Primary Examiner, Art Unit 1718
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