DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
Claims 1 and 9-11 are currently amended, Claim 2-8 and 13-16 are as originally filed, Claim 12 is canceled, Claims 17-20 are withdrawn, and Claims 21-25 are new.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 1/2/2026 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 1/2/2026.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 21, 24, and 25 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Wagner (US 2003/0109768 A1).
Wagner (US 2003/0109768 A1) (Wagner ‘768) teaches the feed material includes soils contaminated with halogenated hydrocarbons or other organic compounds, metals, and low-level radioactive materials [0020]. Molten reactant metal, which includes aluminum or aluminum alloys [0019], and absorbing metal containing the radioactive isotopes read on the primary catalyst and secondary catalyst, respectively. The reaction vessel is represented below as the exit from the outlet chamber 45; injection occurs below the surface of molten aluminum 16:
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Carbon-containing products include gaseous carbon [0031]. Wagner ‘768 anticipates the claimed invention.
Regarding Claim 24, the amount of oxygen entering the reactor is minimized with a purge gas [0025].
Regarding Claim 25, the purge gas reads on a carrier gas [0025].
Allowable Subject Matter
Claims 1-11 and 13-16 are allowed.
Claims 22 and 23 are 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.
Wagner (US 2006/0008403 A1) (Wagner ‘403) teaches manufacturing carbon nanotubes and other carbon nanostructures from a carbon-bearing feedstock [0002]. A carbon-bearing feed material contacts a reactant liquid at a temperature range of 650-950 °C [0031]. The collection surface includes seed objects to encourage or facilitate assembly of carbon nanostructures including catalyst metals [0027]. The atmosphere in the chamber is purged with argon or other noble or inert gas [0034], which reads on a controlled oxygen free environment.
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However, Wagner ‘403 does not suggest mixing a carbon precursor with a catalyst and injecting the mixture into a reaction vessel as in Claim 1.
Wagner ‘768 teaches the feed material includes soils contaminated with halogenated hydrocarbons or other organic compounds, metals, and low-level radioactive materials [0020]. However, Wagner ‘768 does not suggest forming graphene, carbon nanostructures, synthetic graphite, sulfur-graphene, or highly oriented pyrolytic graphite as in Claim 11.
Wagner ‘768 teaches producing gaseous carbon and not graphene, carbon nanostructures, synthetic graphite, sulfur-graphene, or highly oriented pyrolytic graphite as in Claim 22.
Wagner ‘768 does not teach the presence of a chalcogenide or sulfide, telluride, or selenide as in Claim 23.
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 Tima M. McGuthry-Banks whose telephone number is (571)272-2744. The examiner can normally be reached Monday through Friday, 7:30 am to 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith D. Hendricks can be reached at (571) 272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Tima M. McGuthry-Banks
Primary Examiner
Art Unit 1733
/TIMA M. MCGUTHRY-BANKS/Primary Examiner, Art Unit 1733