Prosecution Insights
Last updated: April 19, 2026
Application No. 18/415,066

PROCESS FOR PRODUCING GRAPHENE, OTHER CARBON ALLOTROPES AND MATERIALS

Final Rejection §102
Filed
Jan 17, 2024
Examiner
MCGUTHRY BANKS, TIMA MICHELE
Art Unit
1733
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Elemental Recycling Inc.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 6m
To Grant
83%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
941 granted / 1154 resolved
+16.5% vs TC avg
Minimal +2% lift
Without
With
+1.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
65 currently pending
Career history
1219
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
40.3%
+0.3% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
33.0%
-7.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1154 resolved cases

Office Action

§102
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1 and 9-11 are currently amended, Claim 2-8 and 13-16 are as originally filed, Claim 12 is canceled, Claims 17-20 are withdrawn, and Claims 21-25 are new.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 Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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: PNG media_image1.png 492 692 media_image1.png Greyscale 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. PNG media_image2.png 430 613 media_image2.png Greyscale 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. 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, 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. 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. Tima M. McGuthry-Banks Primary Examiner Art Unit 1733 /TIMA M. MCGUTHRY-BANKS/Primary Examiner, Art Unit 1733
Read full office action

Prosecution Timeline

Jan 17, 2024
Application Filed
Oct 09, 2025
Non-Final Rejection — §102
Jan 02, 2026
Response Filed
Feb 09, 2026
Final Rejection — §102 (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

3-4
Expected OA Rounds
82%
Grant Probability
83%
With Interview (+1.9%)
2y 6m
Median Time to Grant
Moderate
PTA Risk
Based on 1154 resolved cases by this examiner. Grant probability derived from career allow rate.

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