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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/11/2025 has been entered.
Double Patenting
Claims 1, 4, 7-8, 11-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 5, 8-12, 14, 16-18 of copending Application No. 17/625,462 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they claim substantially overlapping subject matter just using different wording or slightly different scopes.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1, 4, 7-8, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 105209385 (2015) in view of Chen (CN 105819438) (2018).
CN 105209385 (2015) teaches a graphene boron carbide or nitride coating or paint (see abstract; considered a coating solution as claimed) composite formed from a solvent, 2-300 layers of graphene (average thickness under 100nm), boron carbide or nitride (see translation).
The particles of graphene and boron are dispersed in the solvent/solution.
Providing a mixing, milling or crushing step in a solvent. The solvent can include glycol ethers, butanol, ketone compound, or acetates as claimed (see translation)
The resin can be an aldehyde compound as claimed.
Regarding claim 7, it would have been obvious to one of ordinary skill in the art at the time of filing to provide the claimed milling given the teaching of milling in the reference one of ordinary skill would understand that various laboratory milling processes employed the art could be varied in substitution for the same purpose.
Regarding claims, it would have been obvious to one of ordinary skill in the art at the time of filing to provide the claimed number of layers of graphene layers within the claimed numbers dependent upon desired final properties.
If applicant claims a trade name Laropal A81. The Examiner notes the Trade names can be changed and or the chemical formula or additives can be modified. Therefore, it is not clear what is being claimed in the instant invention.
Given the teaching of an aldehyde resin “Laropal A81” would be considered obvious to provide.
Chen (CN 105819438) (2018) teaches forming a graphene in solution by using solvents including aldehydes and grinding to form graphene from larger graphite particles.
It would have been obvious to one of ordinary skill in the art at the time of filing to provide an aldehyde solvent for grind applications for graphene including the claimed aldehyde.
Applicant newly claims “wherein the at least one grinding media is to improve dispersion of the 2D materia/graphitic nanoplatelet particles in the liquid dispersion.”
The art teaches the same aldehyde composition and thus provides the same grinding medium and would necessarily function as claimed to greater disperse the same materials.
Rejection maintained.
Response to Arguments
Applicant's arguments filed 7/11/2025 have been fully considered but they are not persuasive.
The 112 rejection has been withdrawn due to amendment.
Applicant newly claims “wherein the at least one grinding media is to improve dispersion of the 2D materia/graphitic nanoplatelet particles in the liquid dispersion.”
The art teaches the same aldehyde composition and thus provides the same grinding medium and would necessarily function as claimed to greater disperse the same materials.
Rejection maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL H MILLER whose telephone number is (571)272-1534. The examiner can normally be reached M-TH 9-6.
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/DANIEL H MILLER/Primary Examiner, Art Unit 1783