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 .
Priority
Applicant’s claim of priority as a 35 U.S.C. §371 national stage entry of
PCT/US2022/79133 filed Nov. 2, 2022, which in turn claims priority to U.S. provisional application 63/263,471 filed Nov. 3, 2021, is hereby acknowledged.
Election/Restriction
Applicant’s election of Group I (claims 1, 2, 4, 5, 7, 9, 10, 12, 17 and 20-23) in the reply filed on September 18, 2025, to the restriction requirement dated July 18, 2025, is hereby acknowledged.
Accordingly, claims 1, 2, 4, 5, 7, 9, 10, 12, 17 and 20-23 have been examined in the instant Office action, whereas claims 8, 15, 16, 25, 26 and 29 have been withdrawn from consideration as drawn to a nonelected invention but remain pending with the present application.
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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5, 7, 9, 10, 12, 17 and 20-23 are rejected under 35 U.S.C. §102(a)(1) as anticipated by Zhamu (US 2011/0135925 A1 to Zhamu et al., published June 9, 2011).
Zhamu discloses a method for preparing submicron-scaled graphitic fibrils (exfoliated nanothreads) having a diameter or thickness less than 1 micron, wherein the fibrils are free of continuous thermal carbon overcoat, hollow core, or catalyst, wherein the fibrils are obtained by splitting a micron-scaled carbon graphite fiber along its directional axis, wherein the diameter is preferably less than 500 nm, and wherein these graphitic fibrils exhibit exceptionally high electrical/thermal conductivity, elastic modulus and strength. These submicron graphitic fibrils can be used to form various products, such as rubber or tire products, fuel cells, coatings, paints, lubricants, radiation-shield components; and nanocomposite materials (abstract; [0013] to [0023]; [0031] to [0033]; Figures 1 and 2 of Zhamu and Jang). The carbon/graphite fiber can be intercalated with alkali (Li, Na, K, Rb, Cs), alkaline earth (Ca, Ba, Sr), or lanthanide metals (Eu, Yb, Sm, Tm) by different methods, wherein the carbon/graphite fiber can be intercalated electrochemically using a non-aqueous solvent, or by using naphthalene or benzophenone with a suitable non-aqueous solvent, such as tetrahydrofuran, which is a polar aprotic solvent ([0065]).
Zhamu further discloses that the intercalating step can comprise, inter alia, chemical intercalating, electrochemical intercalating, or gaseous/liquid phase intercalating, wherein chemical intercalating may comprise exposing the carbon fiber or graphite fiber to an intercalating agent, such as sulfuric acid or a halogen liquid or vapor, alkali nitrate, alkali perchlorate, or an oxidizing agent, wherein the carboxylic acid may be an aromatic carboxylic acid, an aliphatic/cycloaliphatic carboxylic acid, or a polycarboxylic acids having 1-10 carbon atoms or alkyl esters thereof, and wherein the intercalant can comprise an alkali metal, such as Li, Na, K, Rb and or cesium ([0052] to [0056]). A sonication step is not required in Zhamu’s process of preparing submicron-scaled graphitic fibrils (present claim 2).
Thus, the instant claims are anticipated by Zhamu.
Allowable Subject Matter
Claims 4 is objected to as dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Zhamu, the closest prior art, does not teach or suggest its process for forming submicron-scaled graphitic fibrils including a step of generating a dispersion having a dissolved/dispersed phase of exfoliated reduced nanothreads with positive counter-ions and further exposing the dispersion to air or oxygen to neutralize reduced carbon nano-threads,
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN J FIGUEROA whose telephone number is (571)272-8916. The examiner can normally be reached on 8:30 am -6:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOSEPH DEL SOLE, can be reached on 571-272-1130. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J FIGUEROA/Primary Examiner, Art Unit 1763
September 30, 2026
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