Prosecution Insights
Last updated: October 02, 2026
Application No. 18/407,947

PREPARATION OF METAL OXIDE NANOPARTICLES FROM CATHODES OF LITHIUM-ION BATTERIES

Non-Final OA §112§DOUBLEPATENT
Filed
Jan 09, 2024
Examiner
RUNYAN, SILVANA C
Art Unit
Tech Center
Assignee
Saudi Arabian Oil Company
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allowance Rate
877 granted / 1064 resolved
+22.4% vs TC avg
Strong +17% interview lift
Without
With
+16.9%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
37 currently pending
Career history
1117
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
25.8%
-14.2% vs TC avg
§112
19.6%
-20.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1064 resolved cases

Office Action

§112 §DOUBLEPATENT
CTNF 18/407,947 CTNF 87766 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claim 12 is 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. The claim 12 recites range from 0 …wt. % nickel oxide; from 0…wt. % manganese oxide; and from 0… wt. % cobalt oxide. It is unclear how the composition of the metal oxide nanoparticles are formed with 0 wt. % of the each one of the metal oxides making the claim indefinite. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-35 AIA Claim s 1, and 6-15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-15 of copending Application No. 18/407917 (“917” herein) . Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application independent claim including its dependent claims are contained in application ‘917. All the claims dependent of claim 1 are also rejected . This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Greenberg et al. (US 4,954,265) Method Of Processing Spent Electroless Bath And Bath For Use Therein teaches A method of processing an aqueous feed liquid to precipitate at least one metal (e.g., copper, nickel or a combination thereof) in a form to make the metal subsequently removable from the feed liquid by filtration, comprises the initial step of mixing (i) an aqueous feed liquid containing a soluble salt of the metal to be removed, (ii) oxalic acid in excess of that required to react with metal, and (iii) a pH-adjusting liquid in a quantity sufficient to lower the pH of the feed liquid to a point between that at which the feed liquid becomes slightly supersaturated with respect to the oxalate of the metal and that at which precipitation of the metal oxalate is initiated. The mixture is then allowed to stand (either at room temperature or heated to elevated temperatures) for a period of time sufficient to form metal oxalate, and finally the formed metal oxalate is separated from the feed liquid to leave an aqueous liquid suitable for discharge to a sewer line, Alhooshani et al. (US 2024/0426005 A1) LEAD ELECTRODE FOR ELECTROCHEMICAL REDUCTION OF CARBON DIOXIDE AND METHOD OF PREPARING THEREOF teaches An electrode includes a transparent substrate, a lead (Pb) layer at least partially covering a surface of the transparent substrate. The Pb layer includes irregular octahedral-shaped Pb particles having an average particle size of from 0.5 to 3 micrometers (μm). The irregular octahedral-shaped Pb particles are uniformly distributed on a surface of the Pb layer. A method of making the electrode is also provided. A method for electrochemical carbon dioxide (CO.sub.2) reduction (CO.sub.2RR), and Al-Qasim (US 2022/0227683 A1) CO2 UTILIZATION IN MOLTEN SALT REACTOR (MSR) FOR ULTRA ENERGY EFFICIENCY AND REDUCED EMISSIONS teaches A system for a carbon neutral cycle of gas production may include a molten salt reactor configured to generate zero carbon dioxide (CO.sub.2) emissions electricity . Any inquiry concerning this communication or earlier communications from the examiner should be directed to SILVANA C RUNYAN whose telephone number is (571)270-5415. The examiner can normally be reached M-F 7:30-4:30. 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, Doug Hutton can be reached at 571-272-4137. 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. /SILVANA C RUNYAN/ Primary Examiner, Art Unit 3674 05/06/2026 Application/Control Number: 18/407,947 Page 2 Art Unit: 3674 Application/Control Number: 18/407,947 Page 3 Art Unit: 3674 Application/Control Number: 18/407,947 Page 4 Art Unit: 3674 Application/Control Number: 18/407,947 Page 5 Art Unit: 3674 Application/Control Number: 18/407,947 Page 6 Art Unit: 3674
Read full office action

Prosecution Timeline

Jan 09, 2024
Application Filed
May 08, 2026
Non-Final Rejection mailed — §112, §DOUBLEPATENT (current)

Precedent Cases

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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
99%
With Interview (+16.9%)
2y 2m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1064 resolved cases by this examiner. Grant probability derived from career allowance rate.

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