DETAILED ACTION
Claims 1, 2 and 8-10 are pending as amended on 24 September 2025, claims 11-22 and 25 are withdrawn from consideration.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant’s amendments to the claims and the remarks/arguments have been entered and fully considered.
Response to Amendment and Arguments
Applicant’s amendment overcomes the rejection of claim 8 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. The rejection has been withdrawn.
Applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that Wu requires a polymeric binder in the composite. The examiner disagrees. Wu expressly discloses and exemplifies that the active composite material itself comprises M(n+1)Xn and nanoparticles of lithium iron phosphate ([0009], [0013], step (1) to (3) of [0040] and [0041]). As acknowledged by Applicant, the polymeric binder is added to a slurry comprising the active composite material (see step (4) of {0030] and [0041]), the active composite material itself does not contain the binder.
AS such the rejections over Wu stand and reiterated below.
Claim Rejections - 35 USC § 102
Claims 1, 8 and 10 stand rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Wu.
Wu teaches a composite active cathode material for lithium batteries comprises segregated network formed from nanosheets of MXene having a general formula of M(n+1)Xn , wherein M includes Ti, Zr, Hf, etc. ([0006]), which meets the claimed formula when x is 0, and nanoparticles of lithium iron phosphate ([0009], [0013], [0029] and [0030]), wherein the composite does not comprise polymer binder and conductive additive([0029]-[0030]), which meets the claimed composite.
Claim Rejections - 35 USC § 103
Claims 2 and 9 stand rejected under 35 U.S.C. 103 as being unpatentable over Wu.
The teachings of Wu are set forth above.
Regarding claims 2 and 9, Wu exemplifies the composite material comprises 2 parts of Ti3C2 and 80 parts of lithium iron phosphate ([0039]), thus 2.4 wt.% of Mxene and 97.6% of lithium iron phosphate in the composite, which abuts the claimed concentrations of Mxene and particulate, respectively.
It has been held that when the difference between a claimed invention and the prior art is the range or value of a particular variable, then a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05 Titanium Metals Corp of Am v Banner, 778 F2d 775, 783, 227 USPQ 773, 779 (Fed Cir 1985).
Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. See MPEP 2144.05, In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980); In re Aller, 220 F2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and In re Hoeschele, 406 F2d 1403, 160 USPQ 809 (CCPA 1969).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766