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/Restriction
Applicant's election with traverse of Group I in the reply filed on 5/5/26 is acknowledged. The traversal is on the ground(s) that Liu does not teach that the quantum dots are attached to the MXenes through coordination bonds but rather are attached via van der Waals bonds. It is agreed that Liu does not teach this feature. Applicant further argues that the lack of unity is based on lack of novelty in view of Liu. As the lack of novelty over Liu does not stand, applicant argues that the composite comprising quantum dots and MXenes is a special technical feature and the lack of unity should be withdrawn. However, the lack of unity stands because the technical feature does not make a contribution over the prior art in view of “Ultrathin MXene Nanosheets Decorated with TiO2 Quantum Dots as an Efficient Sulfur Host toward Fast and Stable Li-S Batteries” by Gao et al. (hereinafter Gao). Gao teaches a composite (hybrid) material comprising quantum dots and MXenes (Fig 1 and page 3, para 1) wherein the quantum dots are connected to surface groups (OH and F) of the MXenes by coordination (chemical) bonds (Fig. 3f and page 4, para 1). This technical feature is not a special technical feature as it does not make a contribution over the prior art. When the technical feature between claims is not novel or lacks an inventive step, there is lack of unity between groups of claims.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 5/5/26.
It is noted that claim 5 has been amended to explicitly recite the composite material of claim 1. However, claim 5 is a method claim. The elected claims are drawn to a composite material. Therefore, method claim 5 remains a part of withdrawn Group II, drawn to a method of making a composite comprising quantum dots and MXenes.
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.
The instant claims contain the transitional phrase “comprising”. Per MPEP 2111.03 ‘The transitional term “comprising”, which is synonymous with “including,” “containing,” or “characterized by,” is inclusive or open-ended and does not exclude additional, unrecited elements or method steps'. This open-ended definition has been taken into consideration in the following rejections.
Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao, cited above, and provided by applicant in the IDS filed 7/16/23..
Regarding claim 1, Gao discloses a composite material comprising quantum dots and MXenes (TiO2@MXene, Fig. 1 and page 3, para 1), wherein metal atoms (Ti) of the quantum dots are connected to surface groups (F and OH) of the MXenes through coordination (chemical) bonds (Fig. 3 and page 4, para 1).
Regarding claim 2, Gao discloses the composite material according to claim 1, wherein the surface group of the MXenes is selected from one or more of hydroxyl (OH) group and halogen (F) groups (Fig. 3 and page 4, para 1).
Allowable Subject Matter
Claims 3 and 4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art, Gao, teaches a quantum dot/MXene composite but does not teach or suggest core/shell quantum dots or quantum dots having the particular semiconductor compositions as set forth in the instant claims.
Conclusion
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/L.E./ Examiner, Art Unit 1734
/Matthew E. Hoban/ Primary Examiner, Art Unit 1734
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