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 2-20 are pending and presented for examination. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 14 April 2026 has been entered.
Response to Arguments
Applicant’s remarks dated 14 April 2026 (hereinafter, “Remarks at __”) are acknowledged and entered.
The rejection of claims 1-14 and 16-20 under 35 U.S.C. 103 over Ma in view of Turner and Lu with Li as an evidentiary reference is WITHDRAWN as claims 2-14 and 16-19 now depend upon allowed claim 15 and claim 20 recites the allowable subject matter of sintering at 180-220 C and alkaline solution washing with a solution of <=0.1 M alkaline hydroxide to a pH of 6-10.
The rejection of claims 1-14 and 16-20 under 35 U.S.C. 103 over Li in view of Turner, Lu and Gao is WITHDRAWN as claims 2-14 and 16-19 now depend upon allowed claim 15 and claim 20 recites the allowable subject matter of sintering at 180-220 C and alkaline solution washing with a solution of <=0.1 M alkaline hydroxide to a pH of 6-10.
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 13 and 14 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.
It is unclear if in claim 13 that this is a separate washing step, then it should be claimed as such.
It is being construed as being the same washing step as at the end of claim 15 (This is in line with the instant specification at [0016]. This is which is why the following rejection under 35 U.S.C. 112(d) is made over claim 14, claim 14 is also rejected under 35 U.S.C. 112(b) as it depends from claim 13).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 14 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 15 recites that the aqueous wash solution is an alkaline hydroxide, but claim 14 is trying to limit such to just water which it cannot do as water is not an aqueous alkaline solution. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 2-13 and 15-20 are allowed as they now depend on allowed claim 15 which is allowable for reasons already of record.
Claim 20 recites allowable subject matter of sintering at 150-220 C which ishten washed with an aqueous wash solution toa pH of 6-10 wherein the wash solution is <=0.1 M aqueous alkaline solution.
Conclusion
Claims 13 and 14 are rejected. Claims 2-12 and 15-20 are allowed.
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.
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RICHARD M. RUMP
Primary Examiner
Art Unit 1759
/RICHARD M RUMP/Primary Examiner, Art Unit 1759
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