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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-4 in the reply filed on 26 May 2026 is acknowledged.
Claims 5-27 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention.
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 3 and 4 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 3 recites the broad recitation of “from about 300°C to about 500°C, and the claim also recites “preferably about 400 °C:”, which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 4, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN108950281A (Ju), which is listed in Applicant’s information disclosure statement, as evidenced by US2017/0203968A1 (Al-Hazmi).
Regarding claims 1 and 3, Ju teaches a method comprises mixing few-layer graphene with polyethylene glycol ([0007]), which meets a polyalkylene oxide, drying in vacuum ([0014] –[0015] and [0022]), and heating to about 400 °C in a protective nitrogen gas ([0061]), which meets the claimed method and heating temperature.
Regarding claim 2, Ju exemplifies a few-layer graphene of 1nm thickness ([0052]), which meets a three-layer graphene since monolayer graphene has a layer thickness of about 0.35 nm as evidenced by AL-Hazmi ([0004]).
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “ A novel soft template strategy to fabricate mesoporous carbon/graphene composites as high-performance supercapacitor electrodes”, Wang, et al., RSC Advances, 2012, 2, 8359–8367 (Wang), as evidenced by Ju.
Wang teaches a method comprises mixing triblock copolymer PEO106PPO70PEO106 with graphene oxide, drying the mixture to form a composite, and heating in an inert atmosphere (p8360, 2.2), wherein the graphene composite has a thickness of about 6 nm-20 nm (p 8364, Table 1), which meets few-layer graphene since few-layer graphene has a thickness of about 1 to 30 nm as evidenced by Ju ([0007]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/Ph.D., Primary Examiner, Art Unit 1766
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