Prosecution Insights
Last updated: April 17, 2026
Application No. 18/370,886

Method of Making Paint Having Heat-Dissipating Graphene

Non-Final OA §112
Filed
Sep 21, 2023
Examiner
MARTIN, LAURA E
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
unknown
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
3y 5m
To Grant
93%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allow Rate
361 granted / 492 resolved
+5.4% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
10 currently pending
Career history
502
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
64.0%
+24.0% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 492 resolved cases

Office Action

§112
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. Claim Objections Claims 1-5 and 7 are objected to because of the following informalities: Regarding claim 1, the following elements lack proper antecedent basis:”heat-dissipating graphene”, “graphene mother bacteria”, “warm water”, “edible powders”, “powdered sugars”, “graphene baking powders”, “graphene fermentation clump”, “graphene fermentation pieces”, “enzyme product”, “enzyme powders”, “second-time fermentation”, “fermented graphene”, “fermented Shungite”, fermented boron nitride”, and “crushed graphene fermentation pieces”. Additionally, claim 1 uses the both the terms “water” and “waters”. Please correct the claim to allow for consistent terminology. If these are different elements, please ensure they are distinctly noted in the claim. Regarding claim 2, t he following elements lack proper antecedent basis: “banana water”, “graphene”, “Shungite”, “fermented boron nitride powder”, “oil paint coating”, and “oil paint”. Regarding claim 3, t he following elements lack proper antecedent basis: “clean water”, “graphene”, “Shungite”, “fermented boron nitride powder”, “water paint coating”, and “water paint”. Regarding claim 4, t he following elements language lacks antecedent basis: “the cultivate bacteria” should be “cultivate bacteria”. Regarding claim 5, t he following edits should be made: “powders is” should be changed to “powders are”. Regarding claim 7, t he following edits should be made: “a temperature of 38 o C to 40 o C” should be “a temperature in a range of 38 o C to 40 o C” Appropriate correction is required. 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 appl icant regards as his invention. Claim s 1-10 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 claim 1, The recitation of claim 1 as a whole is ambiguous and confusing for at least the following reasons of record: It is unclear as to what is meant by a “first-time/second fermentation”. The limitation of “warm water” is a relative term, and in the absence of specific temperatures disclosed and/or defined for “warm water” used in the process, the claim is deemed indefinite, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, and the metes and bounds of the claim cannot be properly defined. Based on the limited description of “warm water” in the claims and specification, it is unclear how one having ordinary skill in the art would make or use this invention. The limitation “graphene mother bacteria” has not been clearly defined or described as to what it is referring in the specification, and it does not appear to be a common term in the art. Graphene, as known in the art, is not a bacterial species. The limitations “edible powders” and “powdered sugars” are ambiguous and have been used generically with no specifically limiting disclosure in the specification. It is unclear what the difference between the two teams is meant to be, as both are known to be edible, and both can contain sugars. The claim is deemed indefinite, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, and the metes and bounds of the claim cannot be properly defined. Based on the limited description of “edible powders” and “powdered sugars” in the claims and specification, it is unclear how one having ordinary skill in the art would make or use this invention. It is unclear in the specification and claims as to how “graphene”, “Shungite” , and “boron nitride” are fermented, as these materials are not normally fermented. The claim is deemed indefinite, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, and the metes and bounds of the claim cannot be properly defined. Based on the limited description of “graphene”, “Shungite” , and “boron nitride” in the claims and specification, it is unclear how one having ordinary skill in the art would make or use this invention. Claim 1 recites a second-time fermentation process repeating the steps i) to iii). It is unclear whether the second-time fermentation is using the same materials as the first-time fermentation, and whether edible powders and powdered sugars are required. It is unclear how the fermented graphene, fermented Shungite, and fermented boron nitride are being added (Are they being added to the mixer or has everything been put back into the container?) The specification does not provide guidance to clarify the second-time fermentation process or provide one having ordinary skill in the art with enough information to make or use this invention. It is unclear what is meant by “multiple days” during the fermentation process. The claim is deemed indefinite, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention, and the metes and bounds of the claim cannot be properly defined. Based on the limited description of “multiple days” in the claims and specification, it is unclear how one having ordinary skill in the art would make or use this invention. It is unclear as to what “thus graphene fermentation clump” means; is the process of claim 1 creating a graphene fermentation clump? Claims 2-10 are rejected under 35 USC 112(b) based on their dependency to claim 1. Furthermore, claims 8 and 10 stand rejected under 35 USC 112(b) for the following reasons: Regarding claim 8, the claim does not clearly convey what the applicant is claiming. It appears that the applicant is trying to claim the proportion of graphene mother bacteria, edible powders, powdered sugars, and warm water; however, the language used to do so is unclear. Please rewrite the claim to clearly define the amount of graphene mother bacteria, edible powders, powdered sugars, and warm water. Regarding claim 10, it is unclear what is meant by blanket, as a blanket is not typically a container. The specification does not further explain how a blanket is a container. Applicant is suggested to clarify the recitation of the entire claim set so as to make the process free of issues under 35 USC 112(b) as discussed above, and amendable to allow for a full and complete prior art search. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Li (US 2024/0360479) teaches a very similar process of fermentation; however, it does not disclose the fermentation process including Sungite or boron nitride as a part of the process. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Laura Martin whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-2160 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday, 7:30am - 3:30 pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrea Wellington can be reached at (571) 272-4483 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LAURA MARTIN/ SPE, Art Unit 2855
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Prosecution Timeline

Sep 21, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
93%
With Interview (+19.5%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 492 resolved cases by this examiner. Grant probability derived from career allow rate.

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