DETAILED ACTION
Response to Amendment
The amendment filed 3/17/2026 for US Patent Application No. 18/218246 has been entered and fully considered.
Claims 1-30 are currently pending and have been fully considered.
Terminal Disclaimer
The terminal disclaimer filed on 3/17/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Application No. 18/584334 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, see Remarks, filed 3/17/2026, with respect to the 35 U.S.C. 102(e) rejections of claims 1-3, 10, 20, 25 and 26, as well as the 35 U.S.C. 103 rejections of claims 4-9, 16-19 and 21-24 have been fully considered and are persuasive. The aforementioned 35 U.S.C. 102(e) rejections and the 35 U.S.C. 103 rejections have been withdrawn.
However, claims 27-30 remain rejected under 35 U.S.C. 102(e) because claims 27-30 are product-by-process claims. Therefore, the 35 U.S.C. 102(e) rejections of claims 27-30 are maintained and reproduced below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
Claims 27-30 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Park et al. (US 2013/0130115 A1), herein referred to as Park.
With respect to claim 27, Park teaches [0041) a negative electrode (anode) comprising the composite negative active material discussed above. It is noted that claim 27 is a product-by-process. MPEP Chapter 2113, Section I states “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claims 28-30, Park teaches [0076] the negative electrode comprising the negative active material wherein the porous carbon in the negative active material can comprise an intercalation-type material such as artificial graphite.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Claims 1-26 contain allowable subject matter because the prior art of record Park does not teach or suggest Applicant’s claimed method. Applicant’s arguments filed 3/17/2026 have been fully considered and are persuasive.
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 STEWART A FRASER whose telephone number is (571)270-5126. The examiner can normally be reached M-F, 7am-4pm, 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, Miriam Stagg can be reached at 571-270-5256. 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.
/STEWART A FRASER/Primary Examiner, Art Unit 1724
Prosecution Insights