Prosecution Insights
Last updated: October 04, 2026
Application No. 18/697,562

CARBON MATERIAL DISPERSION AND USE THEREFOR

Non-Final OA §101§112
Filed
Apr 01, 2024
Priority
Oct 04, 2021 — JP 2021-163553 +2 more
Examiner
FORREST, MICHAEL
Art Unit
Tech Center
Assignee
Dainichiseika Color & Chemicals Mfg. Co., Ltd.
OA Round
1 (Non-Final)
60%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
73%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allowance Rate
459 granted / 772 resolved
-0.5% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
38 currently pending
Career history
811
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
57.9%
+17.9% vs TC avg
§102
14.5%
-25.5% vs TC avg
§112
20.6%
-19.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 772 resolved cases

Office Action

§101 §112
DETAILED ACTION 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 . Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claim 6 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is not a proper process claim reciting any active, positive steps. Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is not a proper process claim reciting any active, positive steps. Claim Rejections - 35 USC § 112 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. Claim 7 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. Claim 6 attempts to claim the use of the carbon material dispersion material without reciting any active, positive steps delimiting how this use is actually practiced. Therefore, the claim is indefinite. Claim 7 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. Claim 6 attempts to claim the use of the carbon material dispersion material without reciting any active, positive steps delimiting how this use is actually practiced. Therefore, the claim is indefinite. Allowable Subject Matter Claims 1-5 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record namely Okamoto et al (JP 2010254546) and Okamoto et al (US 2018/0002179) do not teach or suggest a carbon nanotube dispersion comprising all of the cumulative limitations of claim 1. Okamoto et al (JP 2010254546 submitted in the IDS filed 4/1/2024 where citations are from the machine translation provided by the Examiner) teaches an aqueous dispersion of carbon nanotubes and an ionic dispersant (see Abstract). Okamoto further teaches where the dispersant is present in an amount of 30 to 1500 parts by weight of the carbon nanotubes (see Description of Embodiments, Page 7). Okamoto does not teach that when a dilute dispersion is obtained by diluting the carbon material dispersion with a diluent comprising the liquid medium such that absorbance at a wavelength WM, which is a median value of an arbitrary wavelength WL within a range of 350 to 550 nm and an arbitrary wavelength WH within a range of 650 to 850 nm, is 1.8±0.02, a ratio of absorbance AL at the wavelength WI to absorbance AH at the wavelength WH, (AL/AH), is 1.60 or more for the dilute dispersion; the diluent is a blank solution whose composition is the same as that of the carbon material dispersion except that the carbon material is not contained; and the wavelength WL is 380 nm, the wavelength WH is 780 nm, and the wavelength WM is 580 nm. Okamoto et al (US 2018/0002179 submitted in the IDS filed 4/1/2024 hereinafter Okamoto-2) teaches a carbon nanotube dispersion liquid containing a carbon nanotube-containing composition, a dispersant with a weight-average molecular weight of 1,000 to 400,000, a volatile salt, and an aqueous solvent (See Abstract). Okamoto-2 does not teach that when a dilute dispersion is obtained by diluting the carbon material dispersion with a diluent comprising the liquid medium such that absorbance at a wavelength WM, which is a median value of an arbitrary wavelength WL within a range of 350 to 550 nm and an arbitrary wavelength WH within a range of 650 to 850 nm, is 1.8±0.02, a ratio of absorbance AL at the wavelength WI to absorbance AH at the wavelength WH, (AL/AH), is 1.60 or more for the dilute dispersion; the diluent is a blank solution whose composition is the same as that of the carbon material dispersion except that the carbon material is not contained; and the wavelength WL is 380 nm, the wavelength WH is 780 nm, and the wavelength WM is 580 nm. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL FORREST whose telephone number is (571)270-5833. The examiner can normally be reached Monday-Friday (10AM-6PM). 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, Sally A Merkling can be reached at (571)272-6297. 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. /MICHAEL FORREST/Primary Examiner, Art Unit 1738
Read full office action

Prosecution Timeline

Apr 01, 2024
Application Filed
Aug 26, 2026
Non-Final Rejection mailed — §101, §112 (current)

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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
60%
Grant Probability
73%
With Interview (+13.8%)
3y 4m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 772 resolved cases by this examiner. Grant probability derived from career allowance rate.

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