DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Double Patenting
Claims 1-3. 5-7 and 16-20 stand provisionally rejected on the ground of
nonstatutory double patenting as being unpatentable over claims 1-5, 8-10 and 19-20 of copending Application No. 17/906,770 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims and the reference claims are directed to the same subject matter, which is a composite fiber comprising a porous silicon phase and a carbon phase wherein the silicon phase and the carbon phase form an intertwined network structure in the composite fiber such that each of the silicon phase and the carbon phase is interconnected and continuous throughout the composite fibers and wherein the silicon phase and the carbon phase together constitute at least 50 wt% of the composite fiber, and wherein the composite has an aspect ratio of at least 3.
This is a provisional nonstatutory double patenting rejection because the
patentably indistinct claims have not in fact been patented; however, a Notice of Allowance has been issued in the reference application on August 2026.
Response to Arguments
Applicant alleges that the claim feature, “an aspect ratio of at least 3”, which has been added into the independent claim 1 would effectively overcome the double patenting rejection over the reference application, 17/906,770. This is not so because such claim feature is also presented in the independent claim of the reference application. The Double Patenting rejection is therefore hereby maintained.
The amendment filed May 13, 2026 has overcome the prior art-based rejection over the Sakshaug reference (US 2020/0152983) because Sakshaug fails to teach composite fiber having an aspect ratio of at least 3. The composite of Sakshaug appears to be in particle form as the only dimension disclosed in the reference is the diameter of the composite.
Other Prior-Art References
The references cited in the IDS filed May 13, 2026 have been considered. Costantino (US 2020/0020935) fail to teach a composite fibers having an aspect ratio of at least 3, but rather Constantino teaches composite particles; and Wolf (J. of Power Sources, Elsevier, Amsterdam, NL, Vol. 190, No. 1, May 2009) fails to teach a composite fiber comprising an intertwined network structure of porous silicon phase and porous carbon phase as require in the instant claims; rather Wolf teach coating of silicon material over a porous carbon fiber substrate, no description of the silicon phase infiltrating the pores of the porous carbon phase.
Conclusion
THIS ACTION IS MADE FINAL. 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 HOA (Holly) LE whose telephone number is (571)272-1511. The examiner can normally be reached Monday to Friday, 10:00 am to 7:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at 571-272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HOA (Holly) LE
Primary Examiner
Art Unit 1788
/HOA (Holly) LE/Primary Examiner, Art Unit 1788
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