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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/19/2025 has been entered.
Response to Amendment
In response to the amendment received on 08/19/2025:
claims 1-2, 5-7, 9-10, 13-15, 17-22, 24-27 and 29-30 are currently pending;
claims 17-22, 24-25 and 29-30 are withdrawn;
the 101 rejections to claims 1-2, 5-7, 9-10, 13-15 and 26-27 are withdrawn in light of the amendments to the claims;
the 112(b) rejections to claims 1-2, 5-7, 9-10, 13-15 and 26-27 are withdrawn in light of the amendments to the claims; and
all prior art grounds of rejection are withdrawn in light of the amendment to independent claims 1 and 26 reciting “forming an interfacial bond directly between the outer surface of one or more aggregates and the cement paste”; however, new grounds of rejection are presented below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-2, 5-7, 9-10 and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carty et al. (US 7,048,795 B1) (“Carty” hereinafter); as evidenced by Guzzetta et al. (US 2016/0016852 A1) (“Guzzetta” hereinafter) with respect to claim 1; as evidenced by Feldman et al (US 2015/0315078 A1) (“Feldman” hereinafter) with respect to claim 1.
Regarding claim 1, Carty teaches an elastic design process for the preparation of a concrete structure (see Carty C2 L15-17 teaching the present disclosure relates to concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same);
the concrete structure having an enhanced flexural tensile strength (this limitation is directed to the property of the concrete structure, not a step in the claimed process. As such, the concrete as taught by Carty is taken to meet the claimed limitations), the process comprising
providing a cement paste comprising a mixture of water and cement; providing… one… aggregates having an outer surface; mixing the aggregates with the cement paste to form a cement mixture (see Carty at C2 L15-20 teaching concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same… the method is useful for increasing the strength of the bond between the cementitious matrix and the dispersed porcelain aggregate phase therein). Glazed assisted aggregate is taken to meet the claimed “providing one aggregate having an outer surface”. Concrete is taken to meet the claimed “providing a cement paste comprising a mixture of water and cement… mixing the aggregates with the cement paste to form a cement mixture” because concrete is a composite construction material composed primarily of the reaction products of hydraulic cement, aggregates, and water, as evidenced by Guzzetta (see Guzzetta at [0003]);
forming an interfacial bond directly between the outer surface of the… one… aggregates and the cement paste (see Carty at C2 L20-22 teaching the disclosure is particularly useful in enhancing the bond between a Portland cement matrix and a dispersed shaped porcelain aggregate phase, see Carty at C2 L67 to C3 L1 teaching while the description and embodiments… focus on porcelain aggregate dispersed in a Portland cement matrix with a high-silica interfacial glaze layer therebetween, see Carty at C5 L31-37 teaching a high-strength bond… is produced between the aggregate material and the cementitious matrix by first identifying a first porcelain surface… and a cementitious second surface… to be bonded together and then treating the first porcelain surface… by glazing a bonding layer… thereto);
the interfacial bond between the one or more aggregates and the cement paste being enhanced by… two… of the following steps:
(i) increasing the roughness of the outer surface of the aggregates (see Carty at C2 L43-54 teaching matte glazes high in calcium and silica… bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding… while data suggests that the contributions from the chemical bonding mechanism dominate those of the mechanical bonding mechanism, it is clear that the combination of the chemical and mechanical enhances the bond between the cementitious matrix and the porcelain aggregate phase, greatly increasing the strength of the concrete),
(ii) adding a substitute material for sand into the cement mixture (see Carty at C2 L22 teaching porcelain aggregate, see Carty at C2 L34-35 teaching use of glaze on the porcelain aggregate). Porcelain aggregate is taken to meet the claimed limitations because one of ordinary skill in the art would appreciate that porcelain and sand are aggregates as evidenced by Feldman (see Feldman at [0045]-[0046] evidencing aggregates are mostly chemically inert, solid bodies held together by the cement or hardened cement paste or hardened mortar… aggregates are chosen from fine or coarse aggregates… one or more aggregates are chosen from… ceramic spheres… sand),
wherein the enhanced flexural tensile strength is defined as the concrete structure having a higher Modulus of Rupture (MOR) and a lower Coefficient of Variation (COV) as measured according to ASTM C78 as compared to the MOR and COV measured for an identical concrete structure formed without performing any of the steps (i) to (iii) that enhance the interfacial bonding between the one or more aggregates and the cement paste (this limitation is directed to the property of the concrete structure, not a step in the claimed process. Additionally, Carty teaches it is widely accepted that the strength of conventional concrete is strongly coupled to the strength of the aggregate material included therein… ultimately, the strength of the conventional concrete is limited by the strength of concrete are rooted in the development of high-strength aggregate (see Carty at C1 L13-18)… better bonding of the cement paste to the aggregate would assist in the efficient transfer of the aggregate strength to the concrete composite (see Carty at C1 L28-30). Carty further teaches ceramic glazes offer an opportunity to establish a microscopically roughened surface that may enhance mechanical bonding… further, through careful control of the chemistry of the glaze, chemical bonding of the cement paste to the high-strength aggregate may be promoted… a strong chemical-mechanical bond offers the most efficient route for transferring the mechanical strength attributes of the aggregate to the concrete composite (see Carty at C2 L25-33)… matte glazes high in calcium and silica… bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding… while data suggests that the contributions from the chemical bonding mechanism dominate those of the mechanical bonding mechanism, it is clear that the combination of the chemical and mechanical enhances the bond between the cementitious matrix and the porcelain aggregate phase, greatly increasing the strength of the concrete (see Carty at C2 L43-54). Carty further teaches by enhancing the bonding between the cement matrix and the high-strength aggregate, the strength of the concrete is enhanced, thus providing a comparatively inexpensive method for producing high-strength concrete… this approach allows for the bonding of the cement matrix to a high strength aggregate to be specifically manipulated to allow greater or lesser bonding, thus allowing the properties of the cement to be precisely controlled… by controlling the cement-aggregate interfacial strength, the strength or toughness of the concrete can be fine-tuned to fit the requirements of a specific application (see Carty at C2 L55-65). As such, the concrete as taught by Carty is taken to meet the claimed limitations).
Alternatively, since the concrete as taught by Carty and the claimed elastic design process for the preparation of a concrete structure in claim 1 employ substantially similar materials and process, it is reasonable to believe that the claimed properties (i.e., wherein the enhanced flexural tensile strength is defined as the concrete structure having a higher Modulus of Rupture (MOR) and a lower Coefficient of Variation (COV) as measured according to ASTM C78 as compared to the MOR and COV measured for an identical concrete structure formed without performing any of the steps (i) to (iii) that enhance the interfacial bonding between the one or more aggregates and the cement paste) would have naturally flowed following the teaching of Carty (see MPEP 2112.01).
Regarding claim 2, Carty teaches the limitations as applied to claim 1 above, and Carty further teaches wherein the enhanced flexural tensile strength or coefficient of variation is accomplished without reducing the ratio of water to cement in the cement paste or the increasing the cementitious content of the cement mixture (see claim 1 rejection above, specifically see Carty at C1 L13-18 and L28-30, C2 L25-33, L43-54 and L55-65, wherein Carty does not teach the claimed “reducing the ratio of water to cement in the cement paste or the increasing the cementitious content of the cement mixture”, thus meeting the claimed recitation).
Regarding claim 5, Carty teaches the limitations as applied to claim 1 above, and Carty further teaches wherein the roughness of the outer surface of the aggregates is increased by… similar method (see Carty at C2 L43-48 teaching matte glazes high in calcium and silica (and therefore low in alumina and alkali) bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding).
Regarding claim 6, Carty teaches the limitations as applied to claim 1 above, and Carty further teaches wherein the process further comprises the addition of an agent in the form of a primer to the outer surface of at least one aggregate (see Carty at C2 L43-44 teaching matte glazes high in calcium and silica (and therefore low in alumina and alkali), see Carty C3 L45-49 teaching the glaze… is applied to the aggregate bodies… to provide a thin… coating). Matte glaze is taken to meet the claimed “agent in the form of a primer” based on the specification at [0026] disclosing c. any agent that when added to the aggregates acts a primer that improves the bond of ordinary portland cement paste to the aggregate and/or fibers.
Regarding claim 7, Carty teaches the limitations as applied to claim 1 above, and Carty further teaches wherein the aggregates comprise a blend of different… aggregate sizes (see Carty at C3 L9-11 teaching the aggregate typically defines porcelain pieces or bodies… the bodies are typically of like sizes, although they be of different sizes).
Regarding claims 9-10, Carty teaches the limitations as applied to claim 1 above, and Carty further teaches wherein the reinforcing fibers are stiffer than the concrete structure, are stronger in tensile strength than the concrete structure and exhibit continuous deformation (claim 9), and wherein the reinforcing fibers are twisted fibers (claim 10) (see claim 1 rejection teaching (i) and (ii). As such, these limitations are being treated by Carty (see MPEP 2111.04.(II)).
Regarding claims 13-14, Carty teaches the limitations as applied to claim 1 above, and Carty further teaches wherein the process further comprises adding a chemical admixture to the cement mixture that enhances the bond between the cement paste and the aggregates by providing elasticity in the interfacial zone there between (claim 13), and wherein the elasticity provided by the chemical admixture reduces any mismatch in stiffness and allows for more efficient load transfer from the cement paste to at least one of the aggregates and reinforcing fibers (claim 14) (see claim 1 rejection, see Carty at C2 L43-48 teaching matte glazes high in calcium and silica (and therefore low in alumina and alkali) bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding, see Carty C3 L45-49 teaching the glaze… is applied to the aggregate bodies… to provide a thin… coating). Matte glaze as taught by Carty is expected to provide elasticity in the interfacial zone (claim 13), and wherein the elasticity provided by the chemical admixture reduces any mismatch in stiffness and allows for more efficient load transfer from the cement paste to at least one of the aggregates and reinforcing fibers (claim 14).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Carty as applied to claim 1 above, and further in view of Ferraris (Concrete Mixing Methods and Concrete Mixers: State of the Art. J Res Natl Inst Stand Technol. 2001) (“Ferraris” hereinafter).
Regarding claim 15, Carty teaches the limitations as applied to claim 1 above, but Carty does not explicitly teach wherein the process further comprises controlling the quality of the cement mixture through the use of quality control methodology and equipment relative to the mixing of the concrete paste and the aggregates.
Like Carty, Ferraris teaches method of concrete production (see Ferraris at Title teaching concrete mixing methods and concrete mixers: state of the art). Ferraris also teaches the performance of concrete is determined by its microstructure… its microstructure is determined by its composition, its curing conditions, and also by the mixing method and mixer conditions used to process the concrete (see Ferraris at page 391, left column, sentences 1-2). Ferraris further teaches the main consideration is the quality of the concrete produced… this quality is determined by the performance of the concrete and by the homogeneity of the material after mixing and placement (see Ferraris at page 391, right column, paragraph 2, sentences 2-3). “Quality is determined by the performance of the concrete and by the homogeneity of the material after mixing and placement” is taken to meet the claimed “wherein the process further comprises controlling the quality of the cement mixture through the use of quality control methodology and equipment relative to the mixing of the concrete paste and the aggregates” because one of ordinary skill in the art would appreciate that the main consideration is the quality of the concrete produced.
As such, one of ordinary skill in the art would appreciate that Ferraris teaches that the main consideration is the quality of the concrete produced, and quality is determined by the performance of the concrete and by the homogeneity of the material after mixing and placement, and seek those advantages by adding a step of determining the quality performance of the concrete in the method of production of concrete as taught by Carty.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add a step of determining the quality performance of the concrete as taught by Ferraris in the method of production of concrete as taught by Carty because the main consideration is the quality of the concrete produced, and quality is determined by the performance of the concrete and by the homogeneity of the material after mixing and placement.
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Carty in view of Pinkerton et al. (US 2015/0184318 A1) (“Pinkerton” hereinafter); as evidenced by Guzzetta with respect to claim 26; and as evidenced by Feldman with respect to claim 26.
Regarding claim 26, Carty teaches an elastic design process for the preparation of a concrete structure (see Carty C2 L15-17 teaching the present disclosure relates to concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same), the process comprising
providing a cement paste comprising a mixture of water and cement; providing… one… aggregates having an outer surface; mixing the aggregates with the cement paste to form a cement mixture (see Carty at C2 L15-20 teaching concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same… the method is useful for increasing the strength of the bond between the cementitious matrix and the dispersed porcelain aggregate phase therein). Glazed assisted aggregate is taken to meet the claimed “providing one aggregate having an outer surface”. Concrete is taken to meet the claimed “providing a cement paste comprising a mixture of water and cement… mixing the aggregates with the cement paste to form a cement mixture” because concrete is a composite construction material composed primarily of the reaction products of hydraulic cement, aggregates, and water, as evidenced by Guzzetta (see Guzzetta at [0003]);
forming an interfacial bond directly between the outer surface of the… one… aggregates and the cement paste (see Carty at C2 L20-22 teaching the disclosure is particularly useful in enhancing the bond between a Portland cement matrix and a dispersed shaped porcelain aggregate phase, see Carty at C2 L67 to C3 L1 teaching while the description and embodiments… focus on porcelain aggregate dispersed in a Portland cement matrix with a high-silica interfacial glaze layer therebetween, see Carty at C5 L31-37 teaching a high-strength bond… is produced between the aggregate material and the cementitious matrix by first identifying a first porcelain surface… and a cementitious second surface… to be bonded together and then treating the first porcelain surface… by glazing a bonding layer… thereto);
the interfacial bond between the one or more aggregates and the cement paste being enhanced by at least… one… of the following steps:
(i) increasing the roughness of the outer surface of the aggregates (see Carty at C2 L43-54 teaching matte glazes high in calcium and silica… bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding… while data suggests that the contributions from the chemical bonding mechanism dominate those of the mechanical bonding mechanism, it is clear that the combination of the chemical and mechanical enhances the bond between the cementitious matrix and the porcelain aggregate phase, greatly increasing the strength of the concrete); and
forming the concrete structure out of the cement mixture (see Carty C2 L15-17 teaching the present disclosure relates to concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same);
wherein the enhanced flexural tensile strength is defined as the concrete structure having a higher Modulus of Rupture (MOR) and a lower Coefficient of Variation (COV) as measured according to ASTM C78 as compared to the MOR and COV measured for an identical concrete structure formed without performing any of the steps (i) to (iii) that enhance the interfacial bonding between the one or more aggregates and the cement paste (this limitation is directed to the property of the concrete structure, not a step in the claimed process. Additionally, Carty teaches it is widely accepted that the strength of conventional concrete is strongly coupled to the strength of the aggregate material included therein… ultimately, the strength of the conventional concrete is limited by the strength of concrete are rooted in the development of high-strength aggregate (see Carty at C1 L13-18)… better bonding of the cement paste to the aggregate would assist in the efficient transfer of the aggregate strength to the concrete composite (see Carty at C1 L28-30). Carty further teaches ceramic glazes offer an opportunity to establish a microscopically roughened surface that may enhance mechanical bonding… further, through careful control of the chemistry of the glaze, chemical bonding of the cement paste to the high-strength aggregate may be promoted… a strong chemical-mechanical bond offers the most efficient route for transferring the mechanical strength attributes of the aggregate to the concrete composite (see Carty at C2 L25-33)… matte glazes high in calcium and silica… bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding… while data suggests that the contributions from the chemical bonding mechanism dominate those of the mechanical bonding mechanism, it is clear that the combination of the chemical and mechanical enhances the bond between the cementitious matrix and the porcelain aggregate phase, greatly increasing the strength of the concrete (see Carty at C2 L43-54). Carty further teaches by enhancing the bonding between the cement matrix and the high-strength aggregate, the strength of the concrete is enhanced, thus providing a comparatively inexpensive method for producing high-strength concrete… this approach allows for the bonding of the cement matrix to a high strength aggregate to be specifically manipulated to allow greater or lesser bonding, thus allowing the properties of the cement to be precisely controlled… by controlling the cement-aggregate interfacial strength, the strength or toughness of the concrete can be fine-tuned to fit the requirements of a specific application (see Carty at C2 L55-65). As such, the concrete as taught by Carty is taken to meet the claimed limitations).
Alternatively, since the concrete as taught by Carty and the claimed elastic design process for the preparation of a concrete structure in claim 26 employ substantially similar materials and process, it is reasonable to believe that the claimed properties (i.e., wherein the enhanced flexural tensile strength is defined as the concrete structure having a higher Modulus of Rupture (MOR) and a lower Coefficient of Variation (COV) as measured according to ASTM C78 as compared to the MOR and COV measured for an identical concrete structure formed without performing any of the steps (i) to (iii) that enhance the interfacial bonding between the one or more aggregates and the cement paste) would have naturally flowed following the teaching of Carty (see MPEP 2112.01).
Carty does not explicitly teach adding a plurality of reinforcing fibers into the cement mixture; pre-stressing the plurality of reinforcing fibers.
Like Carty, Pinkerton teaches a concrete (see Pinkerton at [0004] teaching concrete has been reinforced with metal, steel and polymer fibers, in some cases strengthening the concrete and even making it blast resistant… thread-like elements (fibers) of steel wire having uniform corrugations along their entire length have been used for the reinforcement of concrete). Metal, steel and polymer fibers is taken to meet the claimed “adding a plurality of reinforcing fibers into the cement mixture”.
Moreover, Pinkerton teaches the primary applications of these fibers are in… pre-stressed concrete structures (see Pinkerton at [0010]), which is taken to meet the claimed teach “pre-stressing the plurality of reinforcing fibers”.
Additionally, MPEP states that “the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination” (see MPEP § 2144.07). In this case, one of ordinary skill in the art would appreciate that pre-stressing the plurality of reinforcing fibers is suitable for concrete.
As such, one of ordinary skill in the art would appreciate that Pinkerton teaches that pre-stressed metal, steel and polymer fibers reinforces and strengthens concrete, and seek those advantages by adding pre-stressed metal, steel and polymer fibers in the process of making concrete as taught by Carty.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add pre-stressed metal, steel and polymer fibers as taught by Pinkerton in the process of making concrete as taught by Carty because pre-stressed metal, steel and polymer fibers reinforces and strengthens concrete and pre-stressed metal, steel and polymer fibers are suitable for reinforced concrete.
Regarding claim 27, Carty in view of Pinkerton teach the limitations as applied to claim 26 above, and Pinkerton further teaches wherein the reinforcing fibers are twisted fibers; the reinforcing fibers being stiffer than the concrete structure, stronger in tensile strength than the concrete structure and exhibit continuous deformation (see Pinkerton at [0004] teaching concrete has been reinforced with metal, steel and polymer fibers, in some cases strengthening the concrete and even making it blast resistant… thread-like elements (fibers) of steel wire having uniform corrugations along their entire length have been used for the reinforcement of concrete, see Pinkerton at [0009] teaching implementations of the disclosure may include one or more of the following features… in some implementations, the fibers may reinforce cement… twisted fibers having a rectangular, triangular or square cross section are often better at making a matrix or composite such as concrete stronger than can be made using round fibers, see Pinkerton at [0002]-[0003] teaching concrete generally exhibits a low tensile strength and low fracture toughness… the ease with which cracks can nucleate and propagate in concrete under tension makes it imperative that concrete not be loaded in tension to the extent possible, and if unavoidable, some form of traditional reinforcement, such as rebar, is ordinarily provided to take the tensile stresses… an alternate method of reinforcement is by incorporating short, randomly distributed fibers in concrete such that the reinforcing fibers are distributed throughout the matrix and thus a new composite material, such as fiber reinforced concrete, is obtained… fiber reinforced concrete has significantly improved energy absorption capability (often called toughness), impact resistance, and fatigue endurance, with greater resistance to cracking… it can also have better durability with an improved appearance, see Pinkerton at [0005] teaching fibers with optimized geometry can improve the pull-out load of the fiber, the stress-strain response of the composite under various loadings, and the energy absorbing capacity of the composite… the fibers disclosed here satisfy these needs at a significantly lower cost than is currently available). The twisted fibers as taught by Pinkerton is taken to meet the claimed limitations because twisted fibers improve the pull-out load of the fiber, the stress-strain response of the concrete under various loadings, and the energy absorbing capacity of the concrete, which generally exhibits a low tensile strength and low fracture toughness.
Claims 1-2, 5-7, 9-10 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Carty in view of Ahmed et al. (A study of factors affecting the flexural tensile strength of concrete, KSU, 2014) (“Ahmed” hereinafter); as evidenced by Guzzetta with respect to claim 1; as evidenced by Feldman with respect to claim 1.
Regarding claim 1, Carty teaches an elastic design process for the preparation of a concrete structure (see Carty C2 L15-17 teaching the present disclosure relates to concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same);
the concrete structure having an enhanced flexural tensile strength (this limitation is directed to the property of the concrete structure, not a step in the claimed process. As such, the concrete as taught by Carty is taken to meet the claimed limitations), the process comprising
providing a cement paste comprising a mixture of water and cement; providing… one… aggregates having an outer surface; mixing the aggregates with the cement paste to form a cement mixture (see Carty at C2 L15-20 teaching concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same… the method is useful for increasing the strength of the bond between the cementitious matrix and the dispersed porcelain aggregate phase therein). Glazed assisted aggregate is taken to meet the claimed “providing one aggregate having an outer surface”. Concrete is taken to meet the claimed “providing a cement paste comprising a mixture of water and cement… mixing the aggregates with the cement paste to form a cement mixture” because concrete is a composite construction material composed primarily of the reaction products of hydraulic cement, aggregates, and water, as evidenced by Guzzetta (see Guzzetta at [0003]);
forming an interfacial bond directly between the outer surface of the… one… aggregates and the cement paste (see Carty at C2 L20-22 teaching the disclosure is particularly useful in enhancing the bond between a Portland cement matrix and a dispersed shaped porcelain aggregate phase, see Carty at C2 L67 to C3 L1 teaching while the description and embodiments… focus on porcelain aggregate dispersed in a Portland cement matrix with a high-silica interfacial glaze layer therebetween, see Carty at C5 L31-37 teaching a high-strength bond… is produced between the aggregate material and the cementitious matrix by first identifying a first porcelain surface… and a cementitious second surface… to be bonded together and then treating the first porcelain surface… by glazing a bonding layer… thereto);
the interfacial bond between the one or more aggregates and the cement paste being enhanced by… two… of the following steps:
(i) increasing the roughness of the outer surface of the aggregates (see Carty at C2 L43-54 teaching matte glazes high in calcium and silica… bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding… while data suggests that the contributions from the chemical bonding mechanism dominate those of the mechanical bonding mechanism, it is clear that the combination of the chemical and mechanical enhances the bond between the cementitious matrix and the porcelain aggregate phase, greatly increasing the strength of the concrete),
(ii) adding a substitute material for sand into the cement mixture (see Carty at C2 L22 teaching porcelain aggregate, see Carty at C2 L34-35 teaching use of glaze on the porcelain aggregate). Porcelain aggregate is taken to meet the claimed limitations because one of ordinary skill in the art would appreciate that porcelain and sand are aggregates as evidenced by Feldman (see Feldman at [0045]-[0046] evidencing aggregates are mostly chemically inert, solid bodies held together by the cement or hardened cement paste or hardened mortar… aggregates are chosen from fine or coarse aggregates… one or more aggregates are chosen from… ceramic spheres… sand).
Carty does not explicitly teach wherein the enhanced flexural tensile strength is defined as the concrete structure having a higher Modulus of Rupture (MOR) and a lower Coefficient of Variation (COV) as measured according to ASTM C78 as compared to the MOR and COV measured for an identical concrete structure formed without performing any of the steps (i) to (iii) that enhance the interfacial bonding between the one or more aggregates and the cement paste.
However, Carty teaches this approach allows for the bonding of the cement matrix to a high strength aggregate to be specifically manipulated to allow greater or lesser bonding, thus allowing the properties of the cement to be precisely controlled… by controlling the cement-aggregate interfacial strength, the strength or toughness of the concrete can be fine-tuned to fit the requirements of a specific application (see Carty at C2 L55-65).
Like Carty, Ahmed teaches concrete (see Ahmed at Title teaching a study of factors affecting the flexural tensile strength of concrete). Ahmed also teaches that the cracking and deflection behavior of concrete structure under flexure and minimum flexural reinforcement of concrete members depends upon the flexural tensile strength or modulus of rupture of concrete in addition to other factors (see Ahmed at page 147, left column, section 1), which is taken to meet the claimed determining a flexural tensile strength measured as the Modulus of Rupture according to ASTM C78 or an associated coefficient of variation at 28 days for the concrete is enhanced over the flexural tensile strength or coefficient of variation measured for an identical concrete structure formed without performing any of the steps (i) to (iv) that enhance the interfacial bonding between the one or more aggregates and the cement paste.
Additionally, MPEP states that a rationale for supporting a rejection under 35 USC 103 is routine optimization… optimization within prior art conditions or through routine experimentation (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that flexural tensile strength or modulus of rupture of concrete is a result effective variable that could be optimized to provide the desired cracking and deflection behavior of concrete structure under flexure and minimum flexural reinforcement of concrete members as taught by Ahmed.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the flexural tensile strength or modulus of rupture of concrete as taught by Ahmed in the method for the production of concrete as taught by Carty through routine optimization so as to provide the desired cracking and deflection behavior of concrete structure under flexure and minimum flexural reinforcement of concrete members, and arrive at the claimed method step of flexural strength comparison.
Regarding claims 2, 5-7, 9-10 and 13-14, Carty in view of Ahmed teach the limitations as applied to claim 1 above, and Carty further teaches the limitations of claims 2, 5-7, 9-10 and 13-14 (see claims 2, 5-7, 9-10 and 13-14 rejection based on Carty in bullets 8-13 as it applies here as well).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Carty in view of Ahmed as applied to claim 1 above, and further in view of Ferraris.
Regarding claim 15, Carty in view of Ahmed teach the limitations as applied to claim 1 above, and Carty in view of Ferraris further teach the limitations of claim 15 (see claim 15 rejection based on Carty in view of Ferraris in bullet 18 as it applies here as well).
Claims 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Carty in view of Pinkerton and Ahmed; as evidenced by Guzzetta with respect to claim 26; and as evidenced by Feldman with respect to claim 26.
Regarding claim 26, Carty teaches an elastic design process for the preparation of a concrete structure (see Carty C2 L15-17 teaching the present disclosure relates to concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same), the process comprising
providing a cement paste comprising a mixture of water and cement; providing… one… aggregates having an outer surface; mixing the aggregates with the cement paste to form a cement mixture (see Carty at C2 L15-20 teaching concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same… the method is useful for increasing the strength of the bond between the cementitious matrix and the dispersed porcelain aggregate phase therein). Glazed assisted aggregate is taken to meet the claimed “providing one aggregate having an outer surface”. Concrete is taken to meet the claimed “providing a cement paste comprising a mixture of water and cement… mixing the aggregates with the cement paste to form a cement mixture” because concrete is a composite construction material composed primarily of the reaction products of hydraulic cement, aggregates, and water, as evidenced by Guzzetta (see Guzzetta at [0003]);
forming an interfacial bond directly between the outer surface of the… one… aggregates and the cement paste (see Carty at C2 L20-22 teaching the disclosure is particularly useful in enhancing the bond between a Portland cement matrix and a dispersed shaped porcelain aggregate phase, see Carty at C2 L67 to C3 L1 teaching while the description and embodiments… focus on porcelain aggregate dispersed in a Portland cement matrix with a high-silica interfacial glaze layer therebetween, see Carty at C5 L31-37 teaching a high-strength bond… is produced between the aggregate material and the cementitious matrix by first identifying a first porcelain surface… and a cementitious second surface… to be bonded together and then treating the first porcelain surface… by glazing a bonding layer… thereto);
the interfacial bond between the one or more aggregates and the cement paste being enhanced by at least… one… of the following steps:
(i) increasing the roughness of the outer surface of the aggregates (see Carty at C2 L43-54 teaching matte glazes high in calcium and silica… bonded strongly to the cement matrix… these high calcium – high silica glazes typically exhibit a craggy, rough surface providing both high surface area (for chemical interactions) and sufficient roughness to promote mechanical bonding… while data suggests that the contributions from the chemical bonding mechanism dominate those of the mechanical bonding mechanism, it is clear that the combination of the chemical and mechanical enhances the bond between the cementitious matrix and the porcelain aggregate phase, greatly increasing the strength of the concrete); and
forming the concrete structure out of the cement mixture (see Carty C2 L15-17 teaching the present disclosure relates to concretes enjoying a glazed-assisted cement-aggregate bond with increased strength, and a method for making the same).
Carty does not explicitly teach i) adding a plurality of reinforcing fibers into the cement mixture; pre-stressing the plurality of reinforcing fibers; and ii) wherein the enhanced flexural tensile strength is defined as the concrete structure having a higher Modulus of Rupture (MOR) and a lower Coefficient of Variation (COV) as measured according to ASTM C78 as compared to the MOR and COV measured for an identical concrete structure formed without performing any of the steps (i) to (iii) that enhance the interfacial bonding between the one or more aggregates and the cement paste.
With respect to i), like Carty, Pinkerton teaches a concrete (see Pinkerton at [0004] teaching concrete has been reinforced with metal, steel and polymer fibers, in some cases strengthening the concrete and even making it blast resistant… thread-like elements (fibers) of steel wire having uniform corrugations along their entire length have been used for the reinforcement of concrete). Metal, steel and polymer fibers is taken to meet the claimed “adding a plurality of reinforcing fibers into the cement mixture”.
Moreover, Pinkerton teaches the primary applications of these fibers are in… pre-stressed concrete structures (see Pinkerton at [0010]), which is taken to meet the claimed teach “pre-stressing the plurality of reinforcing fibers”.
Additionally, MPEP states that “the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination” (see MPEP § 2144.07). In this case, one of ordinary skill in the art would appreciate that pre-stressing the plurality of reinforcing fibers is suitable for concrete.
As such, one of ordinary skill in the art would appreciate that Pinkerton teaches that pre-stressed metal, steel and polymer fibers reinforces and strengthens concrete, and seek those advantages by adding pre-stressed metal, steel and polymer fibers in the process of making concrete as taught by Carty.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add pre-stressed metal, steel and polymer fibers as taught by Pinkerton in the process of making concrete as taught by Carty because pre-stressed metal, steel and polymer fibers reinforces and strengthens concrete and pre-stressed metal, steel and polymer fibers are suitable for reinforced concrete.
With respect to ii), as mentioned, Carty teaches this approach allows for the bonding of the cement matrix to a high strength aggregate to be specifically manipulated to allow greater or lesser bonding, thus allowing the properties of the cement to be precisely controlled… by controlling the cement-aggregate interfacial strength, the strength or toughness of the concrete can be fine-tuned to fit the requirements of a specific application (see Carty at C2 L55-65).
Like Carty, Ahmed teaches concrete (see Ahmed at Title teaching a study of factors affecting the flexural tensile strength of concrete). Ahmed also teaches that the cracking and deflection behavior of concrete structure under flexure and minimum flexural reinforcement of concrete members depends upon the flexural tensile strength or modulus of rupture of concrete in addition to other factors (see Ahmed at page 147, left column, section 1), which is taken to meet the claimed determining a flexural tensile strength measured as the Modulus of Rupture according to ASTM C78 or an associated coefficient of variation at 28 days for the concrete is enhanced over the flexural tensile strength or coefficient of variation measured for an identical concrete structure formed without performing any of the steps (i) to (iv) that enhance the interfacial bonding between the one or more aggregates and the cement paste.
Additionally, MPEP states that a rationale for supporting a rejection under 35 USC 103 is routine optimization… optimization within prior art conditions or through routine experimentation (see MPEP § 2144.05.II.A).
As such, one of ordinary skill in the art would appreciate that flexural tensile strength or modulus of rupture of concrete is a result effective variable that could be optimized to provide the desired cracking and deflection behavior of concrete structure under flexure and minimum flexural reinforcement of concrete members as taught by Ahmed.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have optimized the flexural tensile strength or modulus of rupture of concrete as taught by Ahmed in the method for the production of concrete as taught by Carty through routine optimization so as to provide the desired cracking and deflection behavior of concrete structure under flexure and minimum flexural reinforcement of concrete members, and arrive at the claimed method step of flexural strength comparison.
Regarding claim 27, Carty in view of Pinkerton and Ahmed the limitations as applied to claim 26 above, and Carty in view of Pinkerton further teach the limitations of claim 27 (see claim 27 rejection based on Carty in view of Pinkerton in bullet 21 as it applies here as well).
Response to Arguments
Applicant’s arguments with respect to independent claims 1 and 26 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARITES A GUINO-O UZZLE whose telephone number is (571)272-1039. The examiner can normally be reached M-F 8am-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, Amber R Orlando can be reached at (571)270-3149. 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.
/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731
Prosecution Insights