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 .
Examiner’s Comment
The Examiner has cited particular pages and lines in the reference(s) as applied to the claims below for the convenience of the Applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Regarding the limitation(s) “tunnel contact part”, “gradually”, and “sheet” in the claims, the Examiner has given the term(s) the broadest reasonable interpretation(s) consistent with the written description in Applicants’ specification as it would be interpreted by one of ordinary skill in the art. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Donaldson Co., Inc., 16 F.3d 1190, 1192-95, 29 USPQ2d 1845, 1848-50 (Fed. Cir. 1994). See MPEP 2111.
For the term “tunnel contact part” in the claim(s), the Examiner notes that paragraph [0005] in Applicant’s specification discloses “when an underground structure, such as a tunnel, is constructed, pore spaces (or voids) inevitably arise in a contact part (collectively referred to below as a “tunnel contact part”) present between the underground structure, such as a tunnel, and the ground owing to the concrete injected to form the upper surface being insufficient or the concrete shrinking as its hardens and dries. Therefore, the tunnel contact part is filled with a ground material such as cement or mortar to shut off the water or to provide reinforcement.” Therefore, the tunnel contact part is the interface between two distinct materials or structural components, such as concrete and soil or non-artificial rock.
For the term “gradually” in the claim(s), the Examiner notes that the term is undefined in Applicant’s Specification as requiring a specific slope, rate, shape, step-wise manner, etc.
For the term “sheet” in the claim(s), the Examiner notes that instant term is merely a broad stretch or surface of something, without implying any specific dimension. It may be either continuous or discontinuous. For example, a layer of dust would read on the term “sheet” of dust. Likewise, a layer of baking soda (i.e. a bicarbonate salt) would read on the term “sheet” of bicarbonate salt/sodium bicarbonate.
Response to Amendment
Examiner acknowledges cancelled Claims 1-47, amended Claims 48 and 54, and new Claims 55-60 in the response filed on 7/27/2026.
Response to Arguments
Applicant’s arguments with respect to Claims 48-60 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 48, 54, 56, and 57 are objected to because of the following informalities: Please amend “an bicarbonate salt” to “a bicarbonate salt”. Appropriate correction is required.
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 48-53 and 55 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.
Claim 48 recites the limitation "the ion supplying source" in Line 6. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 56-60 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by https://dailymom.com/nest/using-baking-soda-paste-on-tough-cleaning-jobs/ (2013).
With regards to Claim 56-58 and 60, Daily Mom teaches an ion supplying source (i.e. baking soda/sodium bicarbonate paste) comprising a sheet of bicarbonate salt (i.e. baking soda/sodium bicarbonate) on a base material/structure (i.e. a surface) (all pages and images).
The limitation(s) “for forming calcium carbonate on at least one of a surface, an inside and a periphery of a base material" and “for forming a structure” is an intended use limitation and is not further limiting in so far as the structure of the product is concerned. Note that “in apparatus, article, and composition claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In a claim drawn to a process of making, the intended use must result in a manipulative difference as compared to the prior art.” In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967); In re Otto, 312 F.2d 937, 938, 136 USPQ 458, 459 (CCPA 1963). See MPEP § 2111.02."
With regards to Claim 59, it is known that baking soda/sodium bicarbonate is configured to gradually release a bicarbonate ion in an amount and at a supply rate in accordance with at least one of a component, an amount, and a pH of a chemical substance (i.e. water) present around the base material. Specifically, in the presence of water, sodium bicarbonate dissociates into sodium ions and bicarbonate ions.
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 48-60 are rejected under 35 U.S.C. 103 as being unpatentable over CN 107840592, in view of evidence provided by Wikipedia “Tunnel construction”, in view of US Pat. No. 4869621 (“McLaren et al.”), and in view of GB 2050342 (“Aguiari”).
With regards to Claims 48, 54, 56-58, and 60, CN ‘592 teaches that concrete is an important construction material widely used as a foundation in building projects, including subway tunnels. However, concrete is a brittle material that can contain multiple holes by external environment and easily produces internal injury or crack. The damage and crack can reduce the integrity of the concrete (Page 2: Lines 5-8). Thus, it is not an unknown ideology that concrete is used in tunnel construction. As further evidence provided by Wikipedia, tunnels are dug in types of materials varying from soft clay to hard rock and concrete is used to line the excavated tunnels.
CN ‘592 solves the voids/internal injury/cracks in the tunnel contact part between a base material (concrete) for forming a tunnel and surrounding structure by filling said voids/internal injury/cracks in the contact part. Specifically, CN ‘592 teaches an ion supplying material comprising ions capable of forming calcium carbonate for filing a void in a contact part between a base material for forming a structure, such as a subway tunnel, and surrounding structure, the ion supplying material being configured for filing the void in the contact part with calcium carbonate as supplied ions diffuse into the void in the contact part to form calcium carbonate with counterions present in the void (please see Abstract, Page 2: Line 57 bridging over to Page 3: Line 7 in the provided English translation document).
In particular, CN ‘592 discloses a concrete self-repair function additive comprising polybasic ion complexing agent, calcium bicarbonate, and water inhibition resin. The calcium bicarbonate provides calcium ions and carbonate ions (ions and counterions capable of forming calcium carbonate) by hydrolysis. The polybasic ion complexing agent and the ions formed by the hydrolysis forms soluble complexes that can migrate with water into pores, microcracks, and voids. The soluble complexes containing ions react with the silicate ions and carbonate ions in the pores, microcracks, and voids to form calcium silicate and calcium carbonate, which precipitate and repair damage and cracks (i.e. filling pores, microcracks, and voids).
CN ‘592 does not explicitly teach filling a void in a contact part between a base material for forming a tunnel and a non-artificial rock surrounding the tunnel with a material that forms calcium carbonate. While CN ‘592 teaches its ion supplying material/source is in a coagulation state (Page 4: Lines 7-9) and thus may be construed as a “sheet” form, CN ‘592 does not explicitly teach it to be a resin, capsule, or sheet as claimed.
McLaren et al. teaches a method of artificially sealing cracks, fissures or other voids in earth strata, wherein sealing is effected by induced precipitation of calcium carbonate in alkaline rocks, other rocks where alkaline groundwaters are present, or in structures of alkaline materials such as cement or marble (Abstract). That is, McLaren et al. recognizes that sealing cracks, fissures or other voids by precipitation of calcium carbonate is suitable in both base material (cement concrete) and non-artificial rock (alkaline rocks, other rocks, marble). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have CN ‘592 also be used to fill voids between a tunnel contact part between a base material and earth strata/rocks (non-artificial rock), such as cement lined tunnels in non-artificial rock, in order to effectively seal any cracks, fissures or other voids, and thus maintain the integrity of tunnels.
Aguiari recognizes that a sheet including a bicarbonate salt (NaHCO3) is used to stop leaks and in waterproofing masonry works in the building field (Abstract, Page 1: Lines 5-7 and 50, and Page 2: Lines 8-11). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have CN ‘592’s ion supplying material/source be in a sheet form in order to cover and be more concentrated in areas that will help fill a void when needed.
With regards to Claim 49, CN ‘59, teaches the ion supplying material is configured to gradually release the ions (Abstract and Page 2: Line 60).
With regards to Claim 50, CN ‘592 teaches the ion supplying material further comprising a salt of the ions readily soluble in water (Page 3: Lines 1-3).
With regards to Claim 51, CN ‘592 teaches the ions include at least one of bicarbonate ion, a carbonate ion, or a calcium ion (Abstract and Page 2: Line 57 bridging over to Page 3: Line 7).
With regards to Claim 52, CN ‘592 teaches the ion supplying material is configured to supply counterions capable of forming calcium carbonate with the ions (Page 2: Line 57 bridging over to Page 3: Line 7).
With regards to Claim 53, CN ‘592 teaches the ion supplying material to configured to gradually release the counterions (Abstract, Page 2: Line 60, and Page 3: Line 1-2).
With regards to Claims 55 and 59, CN ‘592 teaches the ion supplying material is configured to gradually release a bicarbonate ion in an amount and at a supply rate in accordance with at least one of a component, an amount, and a pH of a chemical substance present around the base material (Abstract and Page 2: Line 58 bridging over to Page 3: Line 3).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LISA CHAU whose telephone number is (571)270-5496. The examiner can normally be reached Monday-Friday 11 AM-730 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, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LC/
Lisa Chau
Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
