DETAILED ACTION
Final
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 .
Response to Amendment
The amendment filed on 06/26/2026 is entered and acknowledged by the Examiner. Claim 1 has been amended. Claims 2-3 have been canceled. Claims 14-19 were previously withdrawn from further consideration. Claims 1 and 4-13 are currently pending in the instant application.
The provisional rejection of claims 1 and 4 on the ground of nonstatutory double patenting as being unpatentable over copending Application No. 18/348,527 is maintained.
The rejection of claims 1-13 under 35 U.S.C. 112 (b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in view of Applicant’s amendment.
The rejection of claims 1-6 and 8-10 under 35 U.S.C. 102 (a)(1) as being anticipated by an article to Voigt is withdrawn in view of Applicant’s amendment. Specifically, Voigt failed to disclose a metal cation consisting of K, Na, Mg, Ca and Sr as required in amended claim 1.
The rejection of claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over the article to Voigt in view of Seung (KR 20210015689) is withdrawn in view of Applicant’s amendment.
Response to Arguments
Applicant's arguments filed on 06/26/2026 have been fully considered but they are not persuasive.
At page 6 of the remark, Applicant stated that Claim 1 has been amended to further define the metal cation element. It is respectfully submitted that claim 1, as amended, is nonobvious over the subject matter claimed in the '527 Application. Applicant required a reconsideration and withdrawal of the present nonstatutory double patenting rejection. The Examiner respectfully disagrees with the Applicant’s remark.
At claims 1 and 4-5 of '527 Application, '527 Application discloses one or more metal atoms (M) are Mg or Ca. The metal atoms (M) disclosed by '527 Application meets the claimed metal cation (M) including Mg and Ca as required in amended claim 1. The claimed metal cation element is anticipated or obvious over the subject matter claimed in the '527 Application.
Based on this rationale, the provisional nonstatutory double patenting rejection of claims 1 and 4 over '527 Application is maintained.
Allowable Subject Matter
Claims 5-13 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.
Other Prior Art Cited
The prior art made of record and not relied upon is considered pertinent to the applicant's disclosure. WO 2020086548 A1, hereinafter Gogotsi. Gogotsi discloses a two-dimensional nanocrystal having a formula Mn+1XnTx where M a metal of Ti, Zr, Hf, V, Nb, Ta, Cr, Mo, and W; X is C, N, combination thereof; and Tx is a surface termination group (See [0069] to [0079], [0086] and [0115]).
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 KHANH TUAN NGUYEN whose telephone number is (571)272-8082. The examiner can normally be reached M-F 9:00 AM to 5:00 PM EST.
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, Angela Brown-Pettigrew can be reached at (571) 272-2817. 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.
/KHANH T NGUYEN/Primary Examiner, Art Unit 1761
Prosecution Insights