Prosecution Insights
Last updated: August 17, 2026
Application No. 18/405,186

METHOD OF PRODUCING HETEROJUNCTION MATERIAL FOR MEXENE OF METAL PHOSPHIDE AND METAL CARBIDE AND ELECTROCATALYST COMPOSITE USING THE SAME

Non-Final OA §102
Filed
Jan 05, 2024
Priority
Jan 06, 2023 — RE 10-2023-0002490
Examiner
BAUM, ZACHARY JOHN
Art Unit
Tech Center
Assignee
Research & Business Foundation Sungkyunkwan University
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
102 granted / 125 resolved
+21.6% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
44 currently pending
Career history
151
Total Applications
across all art units

Statute-Specific Performance

§103
40.9%
+0.9% vs TC avg
§102
23.2%
-16.8% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 125 resolved cases

Office Action

§102
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/Restrictions Applicant’s election without traverse of Group I, claims 1-8 in the reply filed on June 30th, 2026 is acknowledged. Claims 9-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on June 30th, 2026. Claim Interpretation Claim 3 recites the limitation, “T is a functional group of F, O or OH, and x is a real number greater than 0” (emphasis added) in reference to the chemical formula M3C2Tx. As recited, the claim requires T in Tx to be exactly one of F, O, or H. Claim Objections Claim 4 is objected to because of the following informalities: In line 2 of claim 4, “are” should be replaced with “is”. Appropriate correction is required. 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 1-2 and 4-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nguyen (“Interfacial strain-modulated nanospherical Ni2P by heteronuclei-mediated growth on Ti3C-2Tx MXene for efficient hydrogen evolution”, 2022). Regarding claim 1, Nguyen teaches an electrochemical catalyst composite (Nguyen, Page 2, Col. 1, Paragraph 2 - Col. 2, Paragraph 1, Ni2P@Ti3C2Tx MXene hybrid catalyst) comprising: a two-dimensional MXene support with surface defects (Nguyen, Page 2, Col. 2, Paragraph 2, Ti3C2Tx); and metal phosphide nanoparticles located at a surface defect site (Nguyen, Page 4, Col. 1, “We concluded that the defects on the surface of the Ti3C2Tx MXene serve as nucleation sites that allow the formation of a Ni2P nanostructure”) of the two-dimensional MXene support and having controlled crystal strain (Nguyen, Page 5, Col. 1, Paragraph 2, strain modulated via growth time). Regarding claim 2, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein the two- dimensional MXene support with the surface defects and the metal phosphide nanoparticles are heterogeneously bonded (Nguyen, Page 2, Col. 1, Paragraph 3, chemically anchored Ni2P NSs on surface defect-engineered Ti3C2T-x MXene; Page 4, Col. 2, Paragraph 2, bonding between Ni2P nanospheres and Ti3C2Tx MXene sheets). Regarding claim 4, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein the two-dimensional MXene support is subjected to an ultrasonic dispersion process in an acidic solution and an organic solution to have the surface defects (Nguyen, Page 10, Col. 2, Paragraph 2). Regarding claim 5, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein the petal phosphide comprises nickel phosphide (Nguyen, Page 11, Col. 1, Paragraph 1, Ni2P). Regarding claim 6, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein the metal phosphide is contained by 30wt% relative to a total weight of the electrochemical composite (Nguyen, Page 8, Col. 1, Paragraph 2). Regarding claim 7, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein electric charges are transferred from the metal phosphide nanoparticles to the MXene support through a chemical bond between the MXene support and the metal phosphide nanoparticles, and an electronic structure is changed through charge rearrangement to increase a metal-phosphorus bond and positively shift a bonding peak on X-ray photoelectron spectroscopy (XPS) (Nguyen, Fig. 3a, Page 5, Col. 2, Paragraph 1, “Obviously, the peak for Niδ+ in Ni2P@Ti3C2Tx are positively shifted compared with the corresponding peaks in MXene-free Ni2P, which confirms the chemical binding between Ni2P NPs and Ti3C2Tx MXene and indicates charge transfer from Ni2P to Ti3C2Tx MXene layer.”). Regarding claim 8, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein electric charges are transferred from the metal phosphide nanoparticles to the MXene support through a chemical bond between the MXene support and the metal phosphide nanoparticles, and an electronic structure is changed through charge rearrangement to negatively shift a peak corresponding to Ti (I) on X-ray photoelectron spectroscopy (XPS) (Nguyen, Fig. 3b, Page 5, Col. 2, Paragraph 1, “Furthermore, the Ti peaks represented negative shift which is consistent with the charge transfer as mentioned above.”). Potential Allowable Subject Matter Claim 3 is 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: Nguyen (“Interfacial strain-modulated nanospherical Ni2P by heteronuclei-mediated growth on Ti3C-2Tx MXene for efficient hydrogen evolution”, 2022), Wang (CN 110589786 A, 2019) (the translation provided with the attached original document is referenced below), and Lv (“Synergistic effect of Ni2P and MXene enhances catalytic activity in the hydrogen evolution reaction”, 2021) are considered to be the closest prior art to the instant claims. Regarding claim 3, Nguyen teaches the electrochemical catalyst composite of claim 1, as discussed above, wherein the two-dimensional MXene support with the surface defects comprises metal carbide MXenes represented by the chemical formula Ti3C2Tx, where T is F, O, and H (Nguyen, Page 2, Col. 1, Paragraph 2, “Ti3C2Tx MXene functionalized with various hydrophilic groups (—F, —O, and —OH)” and Col. 2, Paragraph 2). Neither Nguyen nor the other cited prior art references teach or suggest that T is a ligand of F, O, or H. While Lv teaches that forming a Ti3C2Tx/Ni-2P composite may replace —F with —O/—OH during hydrothermal treatment (Lv, Page 1606, Col. 2, Paragraph 3), there is no teaching or suggestion of only a single ligand being present on a MXene as claimed. The claimed chemical formula 1 of M3C2Tx, where T is a functional group of F, O, or H, requires exactly one of F, O, or OH. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY J. BAUM whose telephone number is (571)270-0895. The examiner can normally be reached Monday-Friday 8:30-5:00. 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, Anthony Zimmer can be reached at 571-270-3590. 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. /ZACHARY JOHN BAUM/Examiner, Art Unit 1736
Read full office action

Prosecution Timeline

Jan 05, 2024
Application Filed
Jul 28, 2026
Non-Final Rejection mailed — §102 (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
82%
Grant Probability
97%
With Interview (+15.0%)
2y 11m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 125 resolved cases by this examiner. Grant probability derived from career allowance rate.

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