DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1, 11, and 17 have been amended. Claims 4-6 and 10 are cancelled. Claims 1-3, 7-9, and 11-20 are pending, and under examination on the merits.
Response to Amendment
The Amendment by Applicants’ representative Mr. Ryan J. Connell on 09/10/2026 has been entered.
Response to Arguments/Amendments
Claim rejection under 35 U.S.C.§112(a)
Applicants amended claims 1 and 17 by replacing the limitation “the functionalized surface has a bromine content of at least 1.0 percent by weight” with the one “36 to 52 percent of surface carbon atoms of the functionalized nanoscale diamond are bonded to bromine”. In addition, Applicant states, “Paragraph [0079] states: "The bromination rates were found to be 36-52% of the available surface carbon atoms based on XPS analysis and were near the predicted value of 50% surface coverage based on DFT." However. The term “available” is not cited in the amended claims 1 and 17.
In addition, Applicant states, the phrase "an aminated portion comprising 35 to 50 percent of a total surface area of the functionalized surface" in claims 1 and 17 have been amended. However, the phrase has not been deleted or pointed out the support for the phrase in the original disclosure. Therefore, the rejection is maintained.
Claim rejection under 35 U.S.C.§112(b)
Applicants amended claims 1 and 17 by replacing the limitation “the functionalized surface has a bromine content of at least 1.0 percent by weight” with the one “36 to 52 percent of surface carbon atoms of the functionalized nanoscale diamond are bonded to bromine”. In addition, Applicant states, “Paragraph [0079] states: "The bromination rates were found to be 36-52% of the available surface carbon atoms based on XPS analysis and were near the predicted value of 50% surface coverage based on DFT." However. The term “available” is not cited in the amended claims 1 and 17.
In addition, Applicant states, Applicant does not dispute the point. That phrase has been deleted from claim 1 in its entirety. See page 6 of REMARKS. However, the phrase “a functionalized surface comprising 35 to 50 percent of a total surface area of the functionalized surface” has not be deleted. The rejection is maintained.
Claim rejection under 35 U.S.C.§102(a)(1)
Applicants’ amendments and arguments have been fully considered and are sufficient to overcome the rejection. The rejection is hereby withdrawn.
Claim rejection under 35 U.S.C.§103(a)
Applicants’ amendments and arguments have been fully considered and are sufficient to overcome the rejection. The rejection is hereby withdrawn.
Conclusions
Claims 1-3, 7-9, and 11-20 are 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 extension fee 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 date of this final action.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/YONG L CHU/Primary Examiner, Art Unit 1731
