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 .
Status of Application
Claims 4 and 10-22 (1-3 and 24-34 withdrawn) are pending and presented for examination. Claims 4 and 10-22 were amended and claims 5-9 and 23 were cancelled via the instant amendment dated 8 January 2026 which is acknowledged and entered.
It is noted that the multiple dependent claim fee was not paid, as such, claim 20 is only examined as being dependent from claim 19 as this corrects the antecedent basis problem for claim 4. For consideration of this multiple dependent claim, Applicants must pay the fee with the next response. Accordingly, the amendment is entered in part where claims 4, 10-19, 21 and 22 are amended, claims 5-9 and 23 cancelled, but not entered with respect to claim 20.
Response to Arguments
Applicant’s remarks dated 8 January 2026 (hereinafter, “Remarks at __”) are acknowledged and entered.
The rejection of claims 8 and 9 and 20 under 35 U.S.C. 112(b) is WITHDRAWN as claims 8 and 9 were cancelled. That of claim 20 is MAINTAINED as there is still no step c in claim 4 nor in claim 19.
The objection to claim 13 is WITHDRAWN as the species are properly listed.
The rejection of claims 4, 10-13, 15, 18 and 20-22 under 35 U.S.C. 102(a)(1) over Ujihara is WITHDRAWN over the instant amendment requiring that no sonication occurs as Ujihara requires sonication to be performed. In Ujihara the sonication is performed eventually, while it is not part of the intercalation and dispersing, it is part of the disclosure and since the method does not permit sonication, any subsequent sonication step would run afoul of the claim.
The rejection of claims 4, 11, 14-16, 18 and 20-22 under 35 U.S.C. 102(a)(1) over Garhib is WITHDRAWN over the instant amendment requiring that no sonication occurs as Garhib nor that there is any exposure to a halide-based oxidant that is in liquid or vapor form.
The rejection of claims 4, 10-17 and 19 under 35 U.S.C. 102(a)(1) over Lin is WITHDRAWN over the instant amendment requiring that no sonication occurs as Lin requires sonication.
The rejection of claims 4 and 10-17 under 35 U.S.C. 102(a)(1) over Liu is WITHDRAWN over the instant amendment which requires no sonication occurs as Liu requires sonication.
Claim Objections
Claim 4 is objected to because of the following informalities: Claim 4 recites Cr2OX which appears it should read CrO2X2 and there is a square in a-WX6 which appears it should read a-WCl6. Also in claim 4 step b requires a “polar organic solvent” so water alone cannot be utilized as stated in the preamble so “water, or both” should be removed from the preamble. In claim 13 “selected from the group consisting of” is how “selected from . . .” is being treated. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 10-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 4 (and those dependent thereon), the claim recites numerous occurrences of “such as” which are indefinite as if they are attempting to further limit the claims, and for the purposes of compact prosecution the claims are being treated as being limited to what follows the “such as” language.
Conclusion
Claims 4 and 10-22 are finally rejected.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 RICHARD M RUMP whose telephone number is (571)270-5848. The examiner can normally be reached Monday-Thursday 06:45 AM to 04:45 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, Duane Smith can be reached at 571-272-1166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHARD M. RUMP
Primary Examiner
Art Unit 1759
/RICHARD M RUMP/Primary Examiner, Art Unit 1759