RESPONSE TO AMENDMENT
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 .
WITHDRAWN REJECTIONS
The double patenting rejections of the claims made of record in the office action mailed on 11/26/2025 have been withdrawn due to Applicant’s terminal disclaimer filed on 03/05/2026.
The 35 U.S.C. §102 rejections of the claims made of record in the office action mailed on 11/26/2025 have been withdrawn due to Applicant’s response filed on 02/10/2026.
Second Non-Final
The new grounds of rejection in this office action were not necessitated by amendment. As such, the current office action is a non-final rejection.
REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 3-4 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (U.S. App. Pub. No. 2019/0276310) (cited in the IDS filed on 03/07/2023).
Regarding claims 3-4 and 9-10, Liu et al. teaches a method of making a hexagonal boron nitride involving a carbon templating material (Abstract) wherein the morphology of the hexagonal boron nitride material is based on the carbon templating material including fibers and nanotubes. (par. [0037]). The fibers are hollow (i.e. define a central space surrounded by the boron nitride material) (par. [0014]) and have diameters of 10 nanometers to 50 micrometers with ratios of length to diameter of 2 or more (par. [0018]), which would include diameter lengths of 80 or more, 125 or more and 150 or more overlapping with the presently claimed range. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed 02/10/2026 regarding the rejections made of record in the office action mailed on 11/26/2025 have been considered but are moot due to the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRE F FERRE whose telephone number is (571)270-5763. The examiner can normally be reached M-F: 8 am to 4 pm ET.
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, Alicia Chevalier can be reached at 5712721490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 06/25/2026
Prosecution Insights