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 .
Response to Arguments
Applicant’s arguments with respect to claim 1 and its dependents have been considered but are moot because the new ground of rejection necessitated by amendment does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The USC 112 rejections have been obviated by amendment.
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 1-4 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Zhamu (US 2016/0301096 A1).
Regarding claim 1, Zhamu discloses an apparatus comprising: graphene oxide plates with α-MnO2 nanowires (paragraph 13) perpendicular to the plates’ surface (see Figure 1). Nanowires are by definition 1-999 nm in length and Zhamu supports this fact by stating that lengths of 1-200 microns are not nanowires (paragraph 13). The nanowires of Zhamu either encompass the claimed length of 100-120 nm or it would have been obvious to one having ordinary skill in the art at the time of invention to size the nanowires to a nano-scaled length appropriate for the context. See MPEP 21440.4 IV A.
Regarding claim 2, Zhamu discloses single or stacked graphene (paragraph 64).
Regarding claim 3, Zhamu discloses graphene oxide (GO) having 2% to 46% by weight of oxygen, reduced graphene oxide (RGO) having 0.01% to 2% by weight of oxygen, and chemically functionalized graphene (paragraph 15).
Regarding claim 4, Zhamu discloses MnO.sub.2/GO ratio from 1/20 to 20/1 (paragraph 155).
Regarding claim 6, Zhamu discloses that the zinc ion intercalation compound (α-MnO2) is physically connected or chemically bonded to these graphene sheets or platelets (paragraph 15).
Regarding claim 7, Zhamu discloses that a binder is optional (paragraph 8).
Regarding claim 8, Zhamu discloses a zinc battery (paragraph 1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725
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