DETAILED ACTION
Response to Amendment
In response to the amendment received on 02/24/2026:
claims 1-15 and 17-21 are currently pending
claims 8-15 and 17-18 are withdrawn from further consideration
claim 1 is amended
claim 21 is added
new prior art grounds of rejection applying Gong, Reid and Gevaudan are presented herein
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claims 1-7 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Gong et al. (US 2012/0152153 A1), hereinafter referred to as GONG, in view of Reid et al. (WO 2014/146173 A1, hereinafter referred to as REID), and Gevaudan et al. (Copper and cobalt improve the acid resistance of alkali-activated cements, Cement and Concrete Research, 2019, 115, pages 327-338), hereinafter referred to as GEVAUDAN.
Regrading claim 1, GONG teaches an acid-resistant (see GONG at paragraph [0042]: GUHPC exhibits much greater acid-resistance than conventional UHPC) composite material (see GONG at paragraph [0002]: geopolymer composite binder for ultra-high performance concrete (GUHPC)) comprising:
about 40% to about 60% SiO2 (see GONG at paragraphs [0054]: reactive aluminosilicate material, [0066]: VCAS mainly includes about 50-55 wt % SiO2, and Table 1: 10-50% reactive aluminosilicate or reactive alkali-earth aluminosilicate or both, and 2-15% SiO2). GONG teaches 75-27.5% SiO2 from reactive alkali-earth aluminosilicate/VCAS plus 2-15% SiO2, thus, the total SiO2 content is 7-42.5% which overlaps and renders obvious the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim. See MPEP §2144.05(I);
greater than 0% to about 75% Al2O3 (see GONG at paragraphs [0054]: reactive aluminosilicate material, [0066]: VCAS mainly includes about 15-20% Al2O3, [0084]: filler may comprise up to 35 wt %, [0088]: exemplary submicron fillers include micron sized alumina, and Table 1: 10-50% reactive aluminosilicate or reactive alkali-earth aluminosilicate or both). GONG teaches 1.5-10% Al2O3 from reactive alkali-earth aluminosilicate/VCAS plus up to 35 wt % of filler/alumina, thus, the total content of Al2O3 is 36.5-45% which is within the claimed range;
about 1% to about 25% CaO (see GONG at paragraphs [0054]: reactive aluminosilicate material, [0066]: VCAS mainly includes about 20-25% CaO, and Table 1: 10-50% reactive aluminosilicate or reactive alkali-earth aluminosilicate or both). Therefore, GONG teaches 2-12.5% CaO, which is within the claimed range;
greater than 0% to about 25% one or more monovalent, divalent, or polyvalent cationic metals (see GONG at paragraphs [0054]: reactive aluminosilicate material, [0057]: typical ground granulated blast furnace slag includes about 7-15% MgO, 0.2-1.6% Fe2O3, 0.15-0.76% MnO, and Table 1: 10-50% reactive aluminosilicate or reactive alkali-earth aluminosilicate or both). MgO, Fe2O3 and MnO comprise Mg2+, Fe3+ and Mn2+/cationic metals. Therefore, GONG teaches 0.16-8.7% divalent and polyvalent cationic metals, which is within the claimed range; and
greater than 0% to about 25% one or more other inorganic materials (see GONG at paragraph [0097]: at least one strength enhancer may be added into the activator solution at up to about 2 wt %; exemplary strength enhancers include, but are not limited to, sodium fluoride, potassium fluoride).
While GONG discloses an acid-resistant geopolymer composite ultra high performance concrete (see GONG at paragraph [0042]), GONG fails to explicitly teach wherein the passivation barrier being formed at a corrosion front of the acid-resistant composite material, and wherein the acid-resistant composite material comprises magnesium hydroxide.
However, GEVAUDAN discloses alkali-activated cements (AACs) micro-doped with copper (Cu) and cobalt (Co), and that the evidence suggests that acid resistance is improved by the preferential mobilization of Cu and Co, along with other multivalent cations, at the acid degradation front(s), stabilizing the AAC binder and inhibiting further deterioration (see GEVAUDAN at Abstract). GEVAUDAN teaches that Fe, Cu, and Co cations appear to form a passivation barrier, which may help reduce the extent of dealumination and improve the acid resistance of AACs (see GEVAUDAN at 4.3.3. Passivation Barrier Formation, 1st paragraph, p. 335).
One of ordinary skill in the art would have recognized the potential benefit of improving the geopolymer composite concrete of GONG by doping alkali-activated cement with copper and cobalt as disclosed by GEVAUDAN, since GEVAUDAN explicitly teaches that acid resistance is improved by the preferential mobilization of Cu and Co, along with other multivalent cations, at the acid degradation front(s), stabilizing the AAC binder and inhibiting further deterioration (see GEVAUDAN at Abstract).
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 modified the geopolymer composition of GONG by adding copper and cobalt disclosed by GEVAUDAN in order to improve the acid-resistance by forming a passivation barrier.
Furthermore, REID discloses a method of assessing the reactivity of a polymerizable material (especially an aluminosilicate) in forming geopolymer (see REID at Abstract). REID teaches that the geopolymerization reaction is performed under the polymerization conditions (the "Polymerization Conditions"); in the Polymerization Conditions the polymerizable material is polymerized under alkaline activation condition (see REID at paragraph [0017]). REID also teaches that the polymerizable material is selected from layered and particulate polymerizable materials; layered polymerizable materials may be selected from heated clays, including a 2: 1 layer lattice aluminosilicate (such as metakaolin), particulate polymerizable materials may be selected from silica fume, superfine silica powder, slag (especially granulated slag), fly ash, combustion ash (such as fluidized bed combustion bottom ash and coal combustion bottom ash), treated reservoir sludge, waste and prepared aluminosilicate, and non-iron and iron-bearing glasses (see REID at paragraph [0021]). Additionally, REID teaches that the polymerizable material may be polymerized by treatment with an alkali metal or alkaline earth hydroxide or silicate; the alkali metal hydroxide may be selected from one or more of lithium hydroxide, sodium hydroxide and potassium hydroxide; the alkaline earth hydroxide may be selected from one or more of beryllium hydroxide, magnesium hydroxide and calcium hydroxide; especially one or more of magnesium hydroxide and calcium hydroxide; and the alkali metal silicate may be selected from one or more of lithium silicate, sodium silicate and potassium silicate (see REID at paragraph [0017]).
GONG discloses geopolymeric composite ultra high performance concrete (GUHPC) mix, comprising: (a) a binder comprising one or more selected from the group consisting of reactive aluminosilicate and reactive alkali-earth aluminosilicate; and (b) an alkali activator comprising an aqueous solution of metal hydroxide and metal silicate (see GONG at paragraph [0012]).
Thus, GONG’s and REID’s disclosures are from the same field of endeavor and describe geopolymeric composition comprising reactive aluminosilicates and an alkali activator comprising an aqueous solution of metal hydroxide and metal silicate. According to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). 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 modified the composition of GONG by using alkali earth metal hydroxide, such as magnesium hydroxide, as disclosed by REID based on teachings of REID describing that the polymerizable material may be polymerized by treatment with an alkali metal or alkaline earth hydroxide or silicate; the alkali metal hydroxide may be selected from one or more of lithium hydroxide, sodium hydroxide and potassium hydroxide; the alkaline earth hydroxide may be selected from one or more of beryllium hydroxide, magnesium hydroxide and calcium hydroxide (see REID at paragraph [0017]).
The rationale for such modification would have been to simply substitute one known element for another to obtain predictable results. See MPEP §2143(I) (Exemplary rationale (B)).
Regarding claim 2, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, wherein the one or more monovalent, divalent, or polyvalent cationic metals comprise one or more transition metals (see GONG at paragraph [0057]: typical ground granulated blast furnace slag includes Fe2O3, MnO).
Regarding claim 3, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, wherein the one or more monovalent, divalent, or polyvalent cationic metals comprise one or more group 2 or group 8-11 metals (see GONG at paragraph [0057]: typical ground granulated blast furnace slag includes CaO, MgO, Fe2O3, MnO).
Regarding claim 4, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, wherein the one or more monovalent, divalent, or polyvalent cationic metals comprise one or more metals selected from the group consisting of titanium, lithium, chromium, calcium, copper, cobalt, iron, and magnesium (see GONG at paragraph [0057]: typical ground granulated blast furnace slag includes CaO, MgO, Fe2O3; and GEVAUDAN at Abstract: alkali-activated cements (AACs) micro-doped with copper (Cu) and cobalt (Co)).
Regarding claim 5, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, comprising a plurality of the metals (see GONG at paragraph [0057]: typical ground granulated blast furnace slag includes CaO, MgO, Fe2O3, MnO).
Regarding claim 6, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, wherein the ratio of silicon to aluminum in the acid-resistant composite material is about 0.75 to about 3.0 (see GONG at paragraph [0112]: molar ratio SiO2/Al2O3 from about 3.0 to 6.0). Thus, the ratio of silicon to aluminum is 1.5 to 3.0. GONG teaches a range of about 1.5 to 3.0, which is within the claimed range.
Regarding claim 7, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, wherein the ratio of sodium to aluminum in the acid-resistant composite material is about 0.9 to about 1.4 (see GONG at paragraph [0112]: molar ratio of M2O/Al2O3, where M represents one or more alkali metals (e.g., Na); M2O/Al2O3 from about 0.7 to 1.5). GONG teaches a range Na/Al from about 0.7 to 1.5, which overlaps with the claimed ratio.
Regarding claim 19, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite material of claim 1, wherein the acid-resistant composite material comprises about 30% to about 50% Al2O3 (see GONG at paragraphs [0054]: reactive aluminosilicate material, [0066]: VCAS mainly includes about 15-20% Al2O3, [0084]: filler may comprise up to 35 wt %, [0088]: exemplary submicron fillers include micron sized alumina, and Table 1: 10-50% reactive aluminosilicate or reactive alkali-earth aluminosilicate or both). GONG teaches 1.5-10% Al2O3 from reactive alkali-earth aluminosilicate/VCAS plus up to 35 wt % of filler/alumina, thus, the total content of Al2O3 is 36.5-45% which is within the claimed range.
Regarding claim 20, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite of claim 1, wherein the acid-resistant composite material comprises one or more of magnesium hydroxide or iron oxide (see GONG at paragraph [0057]: typical ground granulated blast furnace slag includes Fe2O3).
Regarding claim 21, GONG as modified by GEVAUDAN and REID teaches the acid-resistant composite of claim 4, wherein the one or more monovalent, divalent, or polyvalent cationic metals comprise one or more metals selected from the group consisting of titanium, chromium, copper and cobalt (see GEVAUDAN at Abstract: alkali-activated cements (AACs) micro-doped with copper (Cu) and cobalt (Co)).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 21 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Erez et al. (US 8512468 B2) discloses a geopolymer mortar formed by mixing about 34% to about 46% by weight pozzolanic material, about 34% to about 46% by weight silicon oxide source, and about 15% to about 20% by weight alkaline activator solution, and about 0.3% to about 2.5% by weight copper ion source; the pozzolanic material may be fly ash or metakaolin; the alkaline activator solution may be composed of a liquid sodium silicate and a sodium hydroxide solution; and the geopolymer mortar may be applied to concrete or brick surfaces, and may serve as a corrosion resistant barrier (Col. 2, lines 11-21).
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.
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731