DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgement has been made of applicant’s claim for priority under 35 USC 119 (a-d). The certified copy has been filed on 04/01/2024.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 04/01/2024, 02/19/2025 and 07/14/2025 have been placed in the application file and the information referred to therein has been considered.
Drawings
The drawings received 04/01/2024 are acceptable for examination purposes
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.
Claim 33 rejected under 35 U.S.C. 112(b), 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.
In claim 33 it is not clear what in the limitation: “ one or more carbon precursors in a fluid state” fluid state means: solution? suspension in liquid or gas? liquid state? Second in the limitation: “second precursor of the group comprises a liquid phase having a second density” it is no clear what the term second density belong to: liquid phase or second precursor or mixture thereof ?
Claims 34-52 fall therewith as being depended from rejected base claim
.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 53 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2014/0113191 to Nakamura (Nakamura).
Regarding claim 53, Nakamura discloses A composition comprising a nanoparticle comprising olivine lithium iron phosphate (para 281) and integral with a conductive carbon matrix (para 281), the conductive carbon matrix comprising a carbonized organogel polymer matrix (reads on pitch, para 85)), wherein the nanoparticle has a particle size from 20 nm to 1000 nm (44 nm, para 286, a specific example in the prior art which is within a claimed range anticipates the range. See MPEP 2131.03) and a nitrogen sorption BET surface area from 10 m2/g to 65 m2/g (40, m2/g , para 285)) .
Allowable Subject Matter
Claim 33 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure US 20230238516.
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/Alexander Usyatinsky/ Primary Examiner, Art Unit 1751
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