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 Amendment
This action is responsive to applicant’s amendment filed 6/9/2026.
Claims 1-3, 9-20, 23-25 are pending. Claims 1-3 and 14-20 are withdrawn from consideration as being drawn to non-elected inventions.
The previous rejection of claims 9 and 10 under 35 U.S.C. 102(1a)(1) as being anticipated by Zhang et al. (Polymer 51 (2010) 3715-3721). is withdrawn in view of applicant’s amendment/remarks.
The previous rejection of claim 11 under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Polymer 51 (2010) 3715-3721) in view of Enomoto (6,153,683) is withdrawn in view of applicant’s amendment/remarks.
The previous rejection of claims 12 and 13 under 35 U.S.C. 103 as being unpatentable over Zhang et al. (Polymer 51 (2010) 3715-3721) in view of Hoang et al. (US2018/0016391) is withdrawn in view of applicant’s amendment/remarks.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/9/2026 has been considered by the examiner. Initialed copies accompany this action.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims 22, 23, 24 been renumbered 23, 24, and 25.
Claim Rejections - 35 USC § 103
Claims 9, 10, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (CN105585728A, cited in the IDS filed 6/9/2026) in view of Vaisman et al (Advances in Colloid and Interface Science 128–130 (2006) 37–46). The machine translation of CN10558572 is relied upon for the rejection purposes.
Regarding claims 9, 10, 23 and 25, Du discloses a composition (adhesive) comprising a plurality of particles (coated polymer microspheres, para 0008), each particle comprising a polymeric core (para 0016) in contact with a shell comprising carbon nanotubes that is not modified and a surfactant, the shell does not contain a polymer (para 0018); wherein said polymeric core comprises a thermoplastic polymer (para 0016); and wherein an average cross-section size of said plurality of particles is between 30 and 2000 µm (para 0016). Du discloses at least 99wt% of the polymeric core comprises a thermoplastic polymer; and at least 99wt% of the shell consists of CNT and the surfactant, and the surfactant is not PVP (example 7).
Du does not expressly disclose the surfactant is non-covalently bound to the nanotube. However, the surfactant in the Du acts as solubilizer to disperse CNTs via physical adsorption, and therefore is non-covalently bound to the CNTs. See Vaisman reference.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (CN105585728A), Vaisman et al (Advances in Colloid and Interface Science 128–130 (2006) 37–46), further in view of Enomoto (6,153,683).
Du discloses a composition as set forth above. Du does not disclose the composition
further comprising an additive, wherein a w/w ratio between the additive and the plurality of particles within the composition is between 1:100 and 100:1, wherein said additive comprises glass fiber, polymeric particles, or both. Enomoto discloses using glass fiber in an amount within range of from 5 to 90 wt% in a thermoplastic resin product (abstract). It would have been obvious to one of ordinary skill in the art before the filing date of the invention to add glass fiber to the composition of Du, for improving the composition mechanical strength.
Claims 12, 13, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Du et al. (CN105585728A), Vaisman et al (Advances in Colloid and Interface Science 128–130 (2006) 37–46), further in view of Hoang et al. (US2018/0016391).
Du discloses a composition as set forth above. Du does not disclose the surfactant comprises polyalkylammonium-co-polyether. Hoang discloses polyether-based surfactant including polyalkylammonium-co-polyether (example 5, para 0163), which is a cationic surfactant and can be used for preparing a nanocarbon material dispersion in which the nanocarbon material is favorably dispersed. The reference does not disclose a weight portion of the PS or MWCNT or a w/w ratio of said surfactant to said MWCNT. However, it would have been obvious to one of ordinary skill in the art before the filing date of the invention to use polyether-based surfactant taught by Hoang as the surfactant in the composition of Du as well as its concentration and w/w ratio of said surfactant to said CNT suitable for use in the composition, to promote the dispersion of nanotubes, thus proving an uniform and stable dispersion.
Zhang does not disclose the composition is extrudable. However, given that Zhang’s composition and the claimed composition is structurally similar, it would have reasonably suggested to one having ordinary skill the art that Zhang’s composition would be also extrudable.
Response to Arguments
Applicant’s arguments filed 6/9/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 HAIDUNG D NGUYEN whose telephone number is (571)270-5455. The examiner can normally be reached M-Th: 10a-3p.
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/HAIDUNG D NGUYEN/ Primary Examiner, Art Unit 1761
8/10/2026
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