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 claims 1-8, 11, 12, 22, 25-27, 29, 30, 64 and 66 in the reply filed on 06/22/2026 is acknowledged.
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.
Claim(s) 1-8, 11, 12, 22, 25-27, 29, 30, 64 and 66 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by May et al (Influence of adding multiwalled carbon nanotubes…).
May refers to the analysis the influence of the CNT on the adhesion of a curable mixture to the substrate. The mixture is manufactured by preparing organosilica-based sols from the silane-based precursors. This hybrid sol was produced by mixing tetraethoxysilane, methyltrimethoxysilane, ethanol, and deionized water at a mole ratio of 2:3:40:60. Nitric acid (HNO3) was added as a catalyst to promote the hydrolysis and condensation reactions. The sol-gel-modified epoxy adhesive was prepared by mixing the DGEBA (diglycidyl ether of bisphenol-A resin with an average molecular weight of 700 g/mol) with the as-prepared hybrid sol and then left in an ultrasonic bath for 45 min at room temperature to ensure a uniform dispersion. The epoxy groups in the sol-gel system are opened up by the nitric acid. Additional reaction products due to esterification between the OH groups and epoxy groups of DGEBA are possible in the presence of metal alkoxide. This is further supported by the observation of weak FTIR absorption peaks attributed to the presence of an ester group. The sol-gel epoxy adhesive was further modified by doping with a selected ratio of MWCNTs (i.e., 0.01, 0.05, 0.07, 0.2, 0.5 and 1.0 wt%) (pages 326 and 327).
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 1-8, 11, 12, 22, 25-27, 29, 30, 64 and 66 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.
Regarding claims 1 (3x), 4, 6, 25 (9x), 26 (47x), 27 (10x), 29 and 30 (8x), “preferably” is indefinite and needs to be rephrased.
Regarding claim 26 (7x), “in particular” is indefinite and needs to be rephrased.
Regarding claim 1 (2x), “optionally” is indefinite and needs to be rephrased.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES D SELLS whose telephone number is (571)272-1237. The examiner can normally be reached M-Th 8:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phillip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAMES D. SELLS
Primary Examiner
Art Unit 1745
/JAMES D SELLS/ Primary Examiner, Art Unit 1745
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