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 .
Status of Claims
This action is in response to Applicant’s Request for Reconsideration dated 05/22/2026.
Claim(s) 1-5, 7, 9-18, 20 and 22-25 are currently pending.
Claim(s) 1, 4, 5, 7, 13, 18 and 20 have been amended.
Claim(s) 6, 8, 19 and 21 have been canceled.
Claim(s) 23-25 have been added.
Response to Arguments
Applicant’s arguments, see Remarks filed 05/22/2026, with respect to the rejection of the claims under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The amendments are sufficient to overcome the previous rejection of record. The examiner agrees that the cited art does not teach the metal oxide nanoparticles including multiple metal oxide layers as required by the claims. Accordingly, the rejection of the claims under 35 U.S.C. 102(a)(1) has been withdrawn.
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.
Claims 4-5, 10-11 and 17-18 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.
Regarding claim 4-5
Claim 4 recites the limitation “wherein the mixture of particles further includes: one or more of metal oxide nanoparticles and metal hydroxide nanoparticles.” However, claim 1, from which claim 4 depends, already recites the mixture of particles including metal oxide nanoparticles. Therefore, it is unclear if the metal oxide nanoparticles recited in claim 4 corresponds to those recited in claim 1. Appropriate correction and clarification is required.
Claim 5 is rejected at least for its dependency on claim 4.
Regarding claims 10-11
Claim 10 recites the limitation “wherein the mixture of particles further includes: metal oxide and/or metal hydroxide nanoparticles.” However, claim 1, from which claim 10 depends, already recites the mixture of particles including metal oxide nanoparticles. Therefore, it is unclear if the metal oxide nanoparticles recited in claim 10 corresponds to those recited in claim 1. Appropriate correction and clarification is required.
Claim 11 is rejected at least for its dependency on claim 10.
Regarding claims 17-18
Claim 17 recites the limitation “wherein the mixture of particles further includes: one or more of metal oxide nanoparticles and metal hydroxide nanoparticles.” However, claim 13, from which claim 17 depends, already recites the mixture of particles including metal oxide nanoparticles. Therefore, it is unclear if the metal oxide nanoparticles recited in claim 17 corresponds to those recited in claim 13. Appropriate correction and clarification is required.
Claim 18 is rejected at least for its dependency on claim 17.
Allowable Subject Matter
Claims 1-3, 7, 9, 12-16, 20 and 22-25 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1
The prior art of record, whether alone or in combination, fails to teach or fairly suggest the limitation “metal oxide nanoparticles wherein the metal oxide nanoparticles include multiple metal oxide layers with at least one layer having a metal that is nickel (Ni) or manganese (Mn),” in the context of other limitations recited in the claims.
Regarding claims 13 and 23
Claims 13 and 23 are allowed for the same reasons as claim 1 above.
Regarding claims 2-3, 7, 9 and 12
Claims 2-3, 7, 9 and 12 are allowed for their dependency on claim 1.
Regarding claims 14-16, 20 and 22
Claims 14-16, 20 and 22 are allowed for their dependency on claim 13.
Regarding claims 24-25
Claims 24-25 are allowed for their dependency on claim 23.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAYLA GONZALEZ RAMOS whose telephone number is (571)272-5054. The examiner can normally be reached Monday - Thursday, 9:00-5:00 - EST.
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, Allison Bourke can be reached at (303)297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAYLA GONZALEZ RAMOS/Primary Examiner, Art Unit 1721
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