DETAILED ACTION
Response to Preliminary Amendment
The preliminary amendment has been entered. Accordingly claims 1-15 are currently pending in the application.
Election/Restrictions
Applicant's election with traverse in the reply filed on of 28 September 2026 is acknowledged. The traversal is on the grounds that the reference teaches a graphene oxide salt which is different than a graphene oxide material. This is found persuasive however WO 2022/266545 A1 (which has an earlier effective filing date than instant application) teaches in claim 1 a composition of graphene nanoplatelets, graphene oxide nanoplatelets or a combination thereof in a liquid. Therefore in light of this reference, the common technical feature is not a special technical feature and therefore the claims lack unity and restriction is proper.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112(b)
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.
Claims 1-5 are 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.
In claim 1, the phrases “the concentration”(both occurrences) and “the additive” lack proper antecedent basis.
In claim 5, the phrase “the concentration ratio” lacks proper antecedent basis.
References Cited By The Examiner
Tong et al “Investigation of the effects of graphene and graphene oxide nanoplatelets on the micro- and macro-properties of cementitious materials” teaches graphene and graphene oxide nanoplatelets and their use in cementitious materials. This reference fails to teach a mixture of both of them in amounts recited in independent claim 1.
WO 2022/266545 A1 teaches a composition of graphene nanoplatelets, graphene oxide nanoplatelets or a combination thereof in a liquid. It does not teach the amounts recited in independent claim 1.
The machine translation of CN 111348645 A was cited in the written opinion however applicant only provided an abstract of this reference. It is not seen to teach all of the cumulative limitations recited in the independent claims based on the fact that it teaches a graphene oxide salt which is different than a graphene oxide according to applicant’s arguments provided in response to the restriction requirement.
Allowable Subject Matter
Claims 1-5 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or render obvious all of the cumulative limitations recited in the independent claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY J GREEN whose telephone number is (571)272-1367. The examiner can normally be reached Monday-Thursday from 6:30-5.
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/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
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October 14, 2026
