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 .
Election/Restrictions
Applicant’s election without traverse of Group I and Species 3 in the reply filed on 1/15/2025 is acknowledged.
Claims 5-8 and 11-17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected Groups and Species, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 5/17/2023 and 7/25/2025 have been considered by the examiner. Initialed copies accompany this action.
Drawings
The Drawings filed 5/17/2023 are approved by the examiner.
Claim Rejections - 35 USC § 102
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.
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (Colloids and Surfaces A 553 (2018) 105–113).
Regarding claims 1 and 4, Li discloses a surface-modified two-dimensional MXene having an outer surface of the two-dimensional MXene modified with a compound including at least one hydroxyl group, wherein the compound including a hydroxyl group is a carboxylic acid-based compound (abstract, Experimental method, Preparation of MXene-COOH material, ClCH2COOH ).
Claims 1-4 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gogotsi et al. (US2020/0230569).
Regarding claims 1 and 4, Gogotsi discloses a surface-modified two-dimensional MXene having an outer surface of the two-dimensional MXene modified with a compound including at least one hydroxyl group, wherein the compound including a hydroxyl group is a carboxylic acid-based compound (para 0057).
Regarding claim 2, Gogotsi discloses the two-dimensional MXene includes at least one or more layers in which a plurality of crystal cells having an empirical formula of Mn+1Xn form a two-dimensional array, each X is positioned in an octahedral array formed with a plurality of Ms; M is at least one metal selected from the group consisting of group IIIB metals, group IVB metals, group VB metals and group VIB metals; each X is one selected from among C, N and a combination thereof; and n is 1, 2 or 3 (para 0041-48).
Regarding claim 3, Gogotsi discloses the two-dimensional MXene includes at least one or more layers in which a plurality of crystal cells having an empirical formula of M′2M″nXn+1 form a two-dimensional array, each X is positioned in an octahedral array formed with a plurality of M′s and M″s; M′ and M″ are metals different from each other and selected from the group consisting of group IIIB metals, group IVB metals, metal VB metals and group VIB metals; each X is C, N or a combination thereof; and n is 1 or 2 (para 0049-56).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-3 are rejected under 35 U.S.C. 103 as obvious over Li et al. (Colloids and Surfaces A 553 (2018) 105–113) in view of Gogotsi et al. (US2020/0230569).
Regarding claims 2 and 3, Li does not specifically disclose the two-dimensional MXene having the recited structures. Gogotsi discloses a two-dimensional MXene includes at least one or more layers in which a plurality of crystal cells having an empirical formula of Mn+1Xn form a two-dimensional array, each X is positioned in an octahedral array formed with a plurality of Ms; M is at least one metal selected from the group consisting of group IIIB metals, group IVB metals, group VB metals and group VIB metals; each X is one selected from among C, N and a combination thereof; and n is 1, 2 or 3 (para 0041-48). Gogotsi also discloses that the term “crystalline compositions comprising at least one layer having first and second surfaces, each layer comprising a substantially two-dimensional array of crystal cells” refers to the unique character of these MXene materials (para 0073). A person skilled in the art would have expected the MXenes of Li to have the claimed structure disclosed in Gogotsi. Gogotsi also discloses a two-dimensional MXene includes at least one or more layers in which a plurality of crystal cells having an empirical formula of M′2M″nXn+1 form a two-dimensional array, each X is positioned in an octahedral array formed with a plurality of M′s and M″s; M′ and M″ are metals different from each other and selected from the group consisting of group IIIB metals, group IVB metals, metal VB metals and group VIB metals; each X is C, N or a combination thereof; and n is 1 or 2 (para 0049-56). These materials offer a large surface area and superior adsorptive potential for heavy ions and other materials (para 0009). It would have been obvious to one of ordinary skill in the art before the filling date of the invention to expect the MXene disclosed by Gogotsi would act as an effective adsorbent and suitable for use as the MXene for producing Li’s MXene-based nanocomposites.
Allowable Subject Matter
Claims 9 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art fails to disclose, alone or in combination, the two-dimensional MXene having an outer surface thereof modified with a carboxylic-based compound recited in claims 9 and 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIDUNG D NGUYEN whose telephone number is (571)270-5455. The examiner can normally be reached M-Th: 10a-3p.
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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
2/6/2026
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