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
This action is responsive to applicant’s amendment filed 5/26/2026.
Claims 1-23 are pending.
The previous rejection of claims 1-10 and 15-20 under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US $ 7,964,938) in view of Ling et al. (PNAS, November 25, 2014, vol. 111, no. 47, 16676- 16681) and Barsoum et al. (US 2014/0162130) is withdrawn in view of applicant's amendment.
The previous rejection of claims 11-13 under 35 U.S.C. 103 as being unpatentable over Yoon et al. (US 7,964,938) in view of Ling et al. (PNAS, November 25, 2014, vol. 111, no. 47, 16676-16681), Barsoum et al. (US 2014/0162130) and Wu et al. (2017/0190925) is withdrawn in view of applicant's amendment.
The previous rejection of claims 1-12 and 14-20 under 35 U.S.C. 103 as being unpatentable over Sarto et al. (US20150305212) and Barsoum et al. (US 2014/0162130) is maintained in view of applicant's amendment.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-12, 14-22 are rejected under 35 U.S.C. 103 as being unpatentable over Sarto et al. (US20150305212) and Barsoum et al. (US 2014/0162130, hereinafter Barsoum).
Regarding claims 1-7, 10-12, 14, Sarto discloses a method of fabricating a shielded object (shielding panels, Fig. 1-3), the method comprises forming on an object a coating (para 0015-0017). Sarto discloses the coating comprising the polymer and/or copolymer and a two-dimensional 2D material having electrically conductive surfaces (graphene), wherein the polymer comprises oxygen-containing functional group (vinyl ester resin), wherein the forming comprises any one or more of spin coating, dip coating, brushing, doctor blading, printing, or compression molding a dispersion that comprises the 2D material and a solvent, which is an organic solvent (acetone). See para 0097 and example 2. Barsoum discloses a two-dimensional transition metal carbide (functionalized Ti3C2 sheets) comprises a composition, which comprising at least one layer having first and second surfaces, each layer comprising: a substantially two-dimensional array of crystal cells, each crystal cell having an empirical formula of Mn+1Xn, such that each X is positioned within an octahedral array of M, wherein M is at least one Group IIIB, VB, VB, or VIB metal, wherein each X is C, N, or a combination thereof; and n = 1,2, or 3 (0089-92). Barsoum further discloses that at least one of said surfaces of each layer has surface terminations comprising alkoxide, carboxylate, halide, hydroxide, hydride, oxide, sub-oxide, nitride, sub-nitride, sulfide, thiol, or a combination thereof (para 0034, 0074). Barsoum discloses the two-dimensional transition metal carbides are analogous to graphene, both are similar in structure (structures of multi-layer) and used as reinforcements in polymer composites, however transition metal carbides (functionalized Ti3C2 sheets) were much more stable than graphene sheets (para 0117). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to have replaced the graphene nanosheets in the coating of Sarto with the transition metal carbides taught by Barsoum to achieve improved stability.
Regarding claim 8, Barsoum discloses that M is Ti, and n is 2 (para 0098).
Regarding claim 9, Barsoum discloses that the two-dimensional transition metal carbide comprises a plurality of stacked layers (para 0035, 0090).
Regarding claims 15 and 16, Sarto discloses the object is made of a metalloid, conductive or non-conductive metal oxide, nitride, carbide, a glass or a liquid crystal (glass, para 0120).
Regarding claims 17 and 18, Sarto discloses the GNP-based polymeric nanocomposites are used in electromagnetic applications, such as for example shielding and/or absorption of the energy associated to electromagnetic fields, or for stealth applications where the requirements of lightness and minimal thickness are stringent. Specifically, the invention develops the processes necessary for optimizing the morphological and electrical properties of GNPs and the electrical/electromagnetic properties of the GNP-based composite polymeric material in order to achieve the desired performance of attenuation of radiofrequency electromagnetic fields, with particular reference to the X and Ku bands. Based on the above disclosures, the thicknesses of the composite films would be a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular range of thickness of the claimed coating was significant.
Regarding claims 19 and 20, given that the composite film of Sarto in view of Barsoum comprises of all the claimed components, a person having an ordinary skill in the art would reasonably expect the composite films to have the claimed electrically conductivity and an EMI shielding because it has been held that "products of identical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 II.
Regarding claims 21 and 22, Sarto discloses the polymer comprises polyester resins, polypropylene, polyethylene, or fluoropolymers (para 0052).
Claims 1-23 are rejected under 35 U.S.C. 103 as being unpatentable over Varma et al (US2012/0142832) and Barsoum et al. (US 2014/0162130, hereinafter Barsoum).
Regarding claims 1-7, 10-14, Varma discloses a method of fabricating a shielded object (electronic devices, para 0104, 0107-108), the method comprises forming on an object a coating (para 0108). Varma discloses the coating comprising the polymer and/or copolymer and a two-dimensional 2D material having electrically conductive surfaces (graphene- para 0007), wherein the polymer comprises oxygen-containing functional group (para 0011-0016), wherein the forming comprises any one or more of spin coating, dip coating, brushing, doctor blading, printing, or compression molding (para 0044) a dispersion that comprises the 2D material and a solvent, which is an aqueous solvent or an organic solvent (para 0046, 0075). Barsoum discloses a two-dimensional transition metal carbide (functionalized Ti3C2 sheets) comprises a composition, which comprising at least one layer having first and second surfaces, each layer comprising: a substantially two-dimensional array of crystal cells, each crystal cell having an empirical formula of Mn+1Xn, such that each X is positioned within an octahedral array of M, wherein M is at least one Group IIIB, VB, VB, or VIB metal, wherein each X is C, N, or a combination thereof; and n = 1,2, or 3 (0089-92). Barsoum further discloses that at least one of said surfaces of each layer has surface terminations comprising alkoxide, carboxylate, halide, hydroxide, hydride, oxide, sub-oxide, nitride, sub-nitride, sulfide, thiol, or a combination thereof (para 0034, 0074). Barsoum discloses the two-dimensional transition metal carbides are analogous to graphene, both are similar in structure (structures of multi-layer) and used as reinforcements in polymer composites, however transition metal carbides (functionalized Ti3C2 sheets) were much more stable than graphene sheets (para 0117). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the invention to have replaced the graphene nanosheets in the coating of Varma with the transition metal carbides taught by Barsoum, because Barsoum discloses that the ability to match the character of the MXene layered materials with that of the polymer matrix is expected to ensure better bonding to and better dispersion in polymer matrices when these MXene layers are to be used as reinforcements in polymer composites (para 00117-118).
Regarding claim 8, Barsoum discloses that M is Ti, and n is 2 (para 0098).
Regarding claim 9, Barsoum discloses that the two-dimensional transition metal carbide comprises a plurality of stacked layers (para 0035, 0090).
Regarding claims 15 and 16, Varma discloses the object is made of a metalloid, conductive or non-conductive metal oxide, nitride, carbide, a glass or a liquid crystal (0095-0104).
Regarding claims 17 and 18, Varma discloses the coating has a thickness in the range of 2 to 12 microns (para 0089).
Regarding claims 19 and 20, given that the composite film of Varma in view of Barsoum comprises of all the claimed components, a person having an ordinary skill in the art would reasonably expect the composite films to have the claimed electrically conductivity and an EMI shielding because it has been held that "products of identical composition cannot have mutually exclusive properties." A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). See MPEP 2112.01 II.
Regarding claims 21-23, Varma discloses the polymer comprises polyamides, polyesters, liquid crystalline polymers (LCPs), polypropylene, polyethylene, fluoropolymers, poly(lactic acid) (para 0011-0016).
Response to Arguments
Applicant's arguments filed 5/26/2026 with respect to Sarto reference have been fully considered but they are not persuasive.
Applicant argues that the office does not identify disclosure in the cited references to establish that a person of ordinary skill would, after reading the cited art, modify Sarto to replace the graphene nanoplatelets of Sarto with MXene materials.
As previously stated, the rejections are based on combinations of prior art references and obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art, and "The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference.... Rather, the test is what the combined teachings of those references would have suggested to those of ordinary skill in the art." . The law also held "The question is not whether the combination was obvious to the patentee but whether the combination was obvious to a person with ordinary skill in the art. Under the correct analysis, any need or problem known in the field of endeavor at the time of invention addressed by the patent can provide a reason for combining the elements in the manner claimed.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 420 (2007). In this case, Barsoum discloses the two- dimensional transition metal carbides are analogous to graphene, both are similar in structure (structures of multi-layer) and used as reinforcements in polymer composites, and that transition metal carbides (functionalized Ti3C2 sheets) were much more stable than graphene sheets (para 0117). Barsoum provides a motivation for replacing the graphene nanosheets in the coating of Sarto with the transition metal carbides to improve the coating stability. “The normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.”); In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
Claims 1-23 remain unpatentable for the reasons of record.
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 HAIDUNG D NGUYEN whose telephone number is (571)270-5455. The examiner can normally be reached on M-Th: 10a-3p.
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/HAIDUNG D NGUYEN/Primary Examiner, Art Unit 1761
8/5/2026
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