Prosecution Insights
Last updated: July 17, 2026
Application No. 18/713,948

METALLIC SINGLE-WALLED CARBON NANOTUBE HYBRID ASSEMBLIES AND SUPERSTRUCTURES

Non-Final OA §103
Filed
May 28, 2024
Priority
Nov 29, 2021 — provisional 63/283,757 +1 more
Examiner
THOMPSON, CAMIE S
Art Unit
1786
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Duke University
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
982 granted / 1334 resolved
+8.6% vs TC avg
Moderate +10% lift
Without
With
+10.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
45 currently pending
Career history
1383
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
63.6%
+23.6% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
5.9%
-34.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1334 resolved cases

Office Action

§103
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 . Applicant’s election, with traverse, of Group I directed to claims 1-9, 11-13 and 15. Applicant’s arguments are persuasive. Claims 1-9, 11-13, and 15-22 will be examined. Claim Rejections - 35 USC § 103 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 1-4-6, 8-9, 11 and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Therien et al., U.S. Pre Grant Publication 2019/0189249 in view of Nishio et al., U.S. Pre Grant Publication 2016/0260882. Regarding claims 1-2, 5, 8-9,11, 16-17, 19-21, Therien discloses in paragraph 0089 superstructures comprising chiral aryleneethynylene polymer-wrapped SWNT’s wherein the polymer wraps the SWNT in a left-handed helical configuration that features a constant helical pitch length of 10 nm. Additionally, paragraph 0089 discloses SWNT’s single-chain helically wrapping mechanism with binaphthalene-based polyanionic semiconductor polymer [S-PBN-Ph5]. The title of Therien discloses an electric device. Theiren is silent to the superstructure having a metallic single walled carbon nanotube (SWNT) having a chiral index (n, m) where (n- m)/3 is an integer or 0; and wherein the polymer that wraps a surface of the metallic SWNT is formed of repeat units. Nishio disclose an electric device [0003] including a polymer including an aryleneethynylene [0177] and metallic single walled carbon nanotubes [0080 and 0082]. Paragraph 0081 discloses that the chiral index (n,m) for the single walled CNT’s has a value of (n-m) is a multiple of 3. When the (n-m) is a multiple of 3, the chiral index of Nishio reads on Applicant’s chiral index. A multiple of 3 divided by 3 will provide an integer. Nishio discloses in paragraphs 0206 that the composition including the SWNT’s and the polymer has electric conductive properties. Theiren and Nishio are analogous art in that both references are directed to electric devices including single-walled carbon nanotubes and a polymer such as aryleneethynylene. One of ordinary skill in the art before the effective filing date of the invention would utilize the metallic single walled carbon nanotubes and the aryleneethynylene polymer in Theiren to provide enhanced electroconductive properties in the superstructure of Theiren. Neither Theiren nor Nishio discloses wherein each repeat unit has at least one charged functional group per 1-3 nm of polymer length. Theiren discloses in paragraph 0017 a charged doped polymer wrapped SWNT’s. Also, Nishio discloses in paragraph 0182 that the number of substituents is not particularly limited. Paragraph 0181 of Nishio discloses that the substituent can include a sulfonic acid group [charged functional group]. One of ordinary skill in the art before the effective filing invention to optimize the number of functional groups along the distance of the polymer to 1-3 nm of polymer length to ensure desired wrapping of the polymer around the SWNT’s in Theiren. Regarding claims 3 and 18, neither Theiren nor Nishio disclose that the aryleneethynylene units contain 10 or few carbon fused aromatic rings. However, this is an optimizable feature it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize aryleneethynylene units having 10 or few carbon fused aromatic rings for the benefit of ensuring tighter wrapping of the polymer around the metallic single walled carbon nanotubes. Regarding claims 4 and 6, paragraph 0178 discloses that the polymer can include a conjugate polymer containing thiophene. Claims 12-13 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Therien et al., U.S. Pre Grant Publication 2019/0189249 in view of Nishio et al., U.S. Pre Grant Publication 2016/0260882 and in further view of Lashmore et al., U.S. pre Grant Publication 2020/0262706. Therien et al., U.S. Pre Grant Publication 2019/0189249 in view of Nishio et al., U.S. Pre Grant Publication 2016/0260882, above, remain relied upon for claims 1 and 16. Regarding claims 12-13 and 22, neither Theiren nor Nishio disclose a chiral index as recited in claims 12-13 and 22, Lashmore discloses metallic nanotubes having preselected chirality of (11,11) and (12,12) [abstract]. Paragraph 0003 discloses the carbon nanotubes for the fabrication of wires. Paragraph 0006 discloses improved conductivity. Theiren, Nishio and Lashmore are analogous art in that the references disclose single walled nanotubes. One of ordinary skill in the art before the effective filing date of the invention to utilize metallic single walled carbon nanotubes having a chirality of (11,11) for the benefit of enhanced conductivity. Claims 1 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Appenzeller et al., U.S. Pre Grant Publication 2012/0142158 in view of Therien et al., U.S. Pre Grant Publication 2019/0189249 in view of Nishio et al., U.S. Pre Grant Publication 2016/0260882. Regarding claim 15, Appenzeller discloses field effect transistors, particularly carbon-nanotube field effect transistors [0003 wherein the nanotube is a single-walled nanotube [0021]. Paragraph 0008 discloses an electrically active channel region. Appenzeller is silent to the superstructure as recited in claim 1. Therien discloses in paragraph 0089 superstructures comprising chiral aryleneethynylene polymer-wrapped SWNT’s wherein the polymer wraps the SWNT in a left-handed helical configuration that features a constant helical pitch length of 10 nm. Additionally, paragraph 0089 discloses SWNT’s single-chain helically wrapping mechanism with binaphthalene-based polyanionic semiconductor polymer [S-PBN-Ph5]. The title of Therien discloses an electric device. Theiren is silent to the superstructure having a metallic single walled carbon nanotube (SWNT) having a chiral index (n, m) where (n- m)/3 is an integer or 0; and wherein the polymer that wraps a surface of the metallic SWNT is formed of repeat units. Nishio disclose an electric device [0003] including a polymer including an aryleneethynylene [0177] and metallic single walled carbon nanotubes [0080 and 0082]. Paragraph 0081 discloses that the chiral index (n,m) for the single walled CNT’s has a value of (n-m) is a multiple of 3. When the (n-m) is a multiple of 3, the chiral index of Nishio reads on Applicant’s chiral index. A multiple of 3 divided by 3 will provide an integer. Nishio discloses in paragraphs 0206 that the composition including the SWNT’s and the polymer has electric conductive properties. Appenzeller, Theiren and Nishio are analogous art in that the references disclose single walled carbon nanotubes in electronic devices. One of ordinary skill in the art before the effective filing date to utilize the structure formed from the combination of Theiren and Nishio to obtain enhanced electric conductive properties in the field transistor. Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Applicant claims a superstructure as recited in claim 1, further including wherein the charged functional group is an alkoxy sulfonic acid. The closest prior art, Theiren as disclosed above fails to teach or suggest that the charged functional group is an alkoxy sulfonic acid. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMIE S THOMPSON whose telephone number is (571)272-1530. The examiner can normally be reached 8:30 am - 5:30 pm. 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, Jennifer Boyd, can be reached at 571-272-7783. 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. /CAMIE S THOMPSON/Primary Examiner, Art Unit 1786
Read full office action

Prosecution Timeline

May 28, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12679066
LAMINATE AND METHOD FOR USING LAMINATE
3y 4m to grant Granted Jul 14, 2026
Patent 12668031
ADDITIVE MANUFACTURING USING CONTINUOUS-FIBER REINFORCED COMPOSITES WITH GRAPHENE
2y 5m to grant Granted Jun 30, 2026
Patent 12649983
HYDRO-PATTERNED NONWOVEN AND METHOD OF MAKING THE SAME
4y 1m to grant Granted Jun 09, 2026
Patent 12635468
HOLDING TOOL AND MANUFACTURING METHOD
4y 1m to grant Granted May 19, 2026
Patent 12630474
FORMALDEHYDE-FREE BINDER COMPOSITIONS AND METHODS OF MAKING THE BINDERS UNDER CONTROLLED ACIDIC CONDITIONS
3y 0m to grant Granted May 19, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
84%
With Interview (+10.3%)
3y 5m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1334 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month