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 .
This action is responsive to applicant’s amendment/remarks filed 07/08/26.
Claims 1-9 and 11-20 are pending with claims 16-20 withdrawn from consideration.
The amendment to the specification (CON data) is entered.
Double Patenting
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-9, 11-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 and 23-24 of U.S. Patent No. 9,178,208.
This rejection is maintained for the reasons set forth in the Office Action mailed 01/08/26 (pages 6-7).
Applicant’s remarks regarding this rejection have been fully considered.
Initially, note that the previous double patenting rejection(s) over U.S. Patent No. 10,461,366 and U.S. Patent No. 11,728,476 have been withdrawn in view of the amendment filed 07/08/26.
With respect to US ‘208, the examiner respectfully submits that the issued patent clearly teaches the addition of graphite to the composite material film as is now required in the independent claim (see dependent claim 6 of issued patent).
Claim Rejections - 35 USC § 102 and/or 103
Claim(s) 1-4, 6-9, 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thompkins et al 2013/0252082 A1.
This rejection is maintained for the reasons set forth in the Office Action mailed 01/08/26 (pages 10).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thompkins et al 2013/0252082 A1.
This rejection is maintained for the reasons set forth in the Office Action mailed 01/08/26 (pages 10-11).
Applicant’s remarks regarding these rejections have been fully considered but are not deemed persuasive.
Specifically, it is noted that applicant has amended the instant independent claim to require the presence of graphite particles. The examiner respectfully submits that, contrary to applicant’s assertion that the reference only mentions graphite in the context of “commercial graphite electrodes” (pages 10-11 of remarks), the reference clearly describes allotropes of carbon which include graphite, and further clearly teaches that such graphite may be added to the hard carbon matrix in addition to the dopant (i.e. Si). See para 209-210 of reference reproduced in part below with emphasis added:
[0209] In addition to the above exemplified electrochemical modifiers, the carbon materials may comprise one or more additional forms (i.e., allotropes) of carbon. In this regard, it has been found that inclusion of different allotropes of carbon such as graphite, amorphous carbon, diamond, C60, carbon nanotubes (e.g., single and/or multi-walled), graphene and/or carbon fibers into the carbon materials is effective to optimize the electrochemical properties of the carbon materials. The various allotropes of carbon can be incorporated into the carbon materials during any stage of the preparation process described herein.
[0210] Accordingly, in some embodiments the carbon materials comprise a second carbon form selected from graphite, amorphous carbon, diamond, C60, carbon nanotubes (e.g., single and/or multi-walled), graphene and carbon fibers. In some embodiments, the second carbon form is graphite.
Accordingly, the rejection(s) is/are maintained for the reasons of record.
In view of the foregoing, the above claims have failed to patentably distinguish over the applied art.
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 MARK T KOPEC whose telephone number is (571)272-1319. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Jones can be reached at 5712707733. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK KOPEC/Primary Examiner, Art Unit 1762
MK
September 16, 2026
