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 columns and line numbers or figures in the references 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.
Response to Amendment
Examiner acknowledges withdrawn Claims 1-6, amended Claims 7, 9-13, and 15, canceled Claims 8, 16, and 18, and new Claim 22 in the response filed on 6/12/2025.
Response to Arguments
Applicant's arguments filed 6/12/2025 have been fully considered but they are not persuasive.
Applicant submit that the claimed six salts demonstrate the unexpected benefit of ASR mitigation without adversely impacting other properties of the concrete. Applicant cited page 76 through 77, lines 15-14, and Figures 12 and 13 as support for the argued unexpected result.
However, Applicant’s arguments are unpersuasive. The evidence pointed to in the specification is not commensurate in scope with the claims. In particular, the evidence does not support the six salts as being unexpected. According to Applicant’s Figs. 12-13, Al nitrate (AN) and ferric nitrate (FN) were used, none of which are part of the claimed salts.
Furthermore, Sant et al. teaches a method of mitigating alkali-silica reaction in a concrete product, wherein the method comprises adding calcium nitrate, an inorganic salt (Abstract and [0025]). According to Applicant’s Table 4, calcium nitrate is an appropriate salt in mitigating ASR, and provides a pH within the claimed range of between about 12.0 and 13.65 for fresh concrete and a period of 28 days after forming the fresh concrete. Applicant also has not demonstrate Sant et al.’s calcium nitrate not achieving the argued unexpected result. Therefore, none of comparative examples or examples isolate the claimed material as being critical. For the reasons set forth above, unexpected results have not been persuasively demonstrated.
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 7, 9, 11-15, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019036386 (“Sant et al.”) in view of US Pub. No. 20070186821 (“Brown et al.”).
With regards to Claims 7 and 15, Sant et al. teaches a method of mitigating alkali-silica reaction (ASR) in a concrete product, the method comprising providing a cement, cement clinker, or cement clinker derived material, providing an organic or inorganic salt comprising calcium, mixing the cement, cement clinker, or cement clinker derived material with an amount of the organic or inorganic salt to form a cement mixture, adding water and, optionally, aggregates or other concrete additives or both, to the cement mixture to form a fresh concrete mixture, pouring and curing the fresh concrete mixture to form a concrete product, wherein the cement, cement clinker, or cement clinker derive
d material, and the organic or inorganic salt are provided in powder or granular form before or after mixing them, but before forming a fresh concrete mixture (Abstract, [0025]-[0027], [0030], [0031], and [0035]).
While Sant et al. teaches providing a calcium-containing salt, such as calcium nitrate [0025] as its organic or inorganic salt [0025], Sant et al. does not teach the claimed material(s). Sant et al. does not specifically teach the fresh concrete mixture and the concrete product having a pH maintained between about 12.0 and 13.65.
However, Brown et al. recognizes that when cement is mixed with water to produce concrete (fresh cement), the alkali oxides present in the cement dissolve. Alkali materials are supplied by the cement, aggregate, additives, and even from the environment in which the hardened concrete exists. Thus, the pore solution produced becomes highly basic. It is not unusual for this pore solution to attain a pH of 13.3 or higher [0004]. Brown et al. further discloses that a high pH of 14 or more in the concrete pore solution causes alkali-silica reaction (ASR) in concrete, which may swell and cause damage to the concrete ([0008] and [0010]). Therefore, Brown et al. teaches a fresh concrete mixture comprising inorganic or organic salts, cement, cement clinker, or cement clinker derived material, and water to form a fresh concrete mixture with a pH of about 13 ([0015], [0016], [0021]-[0023], [0025], [0026], [0046], and Table 3).
The inorganic or organic salts used in Brown et al. comprises a cation and an anion, wherein suitable cations include magnesium and calcium, and suitable anions include nitrates, acetates, and formate ([0022], [0023], [0033], and [0034]). Therefore, inorganic or organic salt selected from magnesium acetate, magnesium nitrate, calcium acetate, calcium formate, and combinations thereof are within the purview of Brown et al. Calcium nitrate is also within the purview of Brown et al., which is the same material used in Sant et al. [0025].
In light of the teachings above, the Examiner deems that it would have been obvious that Brown et al.’s fresh concrete mixture and concrete product’s pH is maintained of about 13 long term. Therefore, it would also been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention use the claimed organic or inorganic salt and to have the claimed pH in Sant et al.’s fresh concrete mixture and concrete product long term, as demonstrated by Brown et al., in order to mitigate any ASR that will cause damage to the concrete product by using the claimed inorganic or organic salt material(s).
With regards to Claims 9 and 22, Sant et al. teaches the step of mixing the cement, cement clinker, or cement clinker derived material with an amount of an organic or inorganic salt to form a cement mixture comprises the step of adding the organic or inorganic salt in an amount of about 0.1% to about 20% by mass based on the weight of solids of the organic or inorganic salt as a percentage of the weight solids of the cement ([0025], [0032], and Claim 1).
With regards to Claims 11 and 19, Sant et al. teaches the cement, cement clinker, or cement clinker derived material solids are dry-blended or inter-ground with the organic or inorganic salt solids at an amount of the organic or inorganic salt so that a homogeneous concrete mixture is made [0030]. As set forth above, it is obvious to one of ordinary skill in the art that the pH when forming the concrete mixture/product is about 13 in order to mitigate any ASR. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the pH when dry-blending the cement, cement clinker, or cement clinker derived material with the organic or inorganic salt solids overlaps with the claimed pH of between about 12.0 and 13.65 in order to mitigate ASR that will cause damage to the concrete product.
With regards to Claims 12, 13, 19, and 20, Sant et al. teaches the method, or any step thereof, further comprises the step of dry-blending or inter-grinding one or more supplementary cementitious material (SCM) with the organic or inorganic salt ([0026], [0027], [0030], and [0031]). Specifically, Sant et al. discloses “Alternatively, or in conjunction, any one, or any combination of, calcium nitrate, calcium nitrite, and calcium chloride can be added directly into a cement clinker or a cement powder by addition or replacement as a powder. Other suitable additives can be incorporated into mixing water, a cement clinker or powder, or both”, which reads on the limitation “dry-blending” the two materials (emphasis added) [0030]. Sant et al. recognizes that the dosing of calcium-containing salts can also be used to increase the effectiveness of calcium-containing coal fly ashes in mitigating expansion due to ASR [0039]. Sant et al. further teaches that inorganic or organic salt coating, covering, or surrounding on ASR-prone aggregates produces an interfacial barrier as a mechanism of ASR inhibition [0036]. In light of the above teachings, the Examiner deems that it would have been obvious to one of ordinary skill in the art that Sant et al.’s organic or inorganic salt and SCM additive is dry-blended together and forms a coating on the SCM additive in order to form an interfacial barrier within the concrete product that will mitigate ASR.
With regards to Claims 14 and 21, Sant et al. teaches the organic or inorganic salt is dissolved or disperse in a solvent to form a liquid admixture see [0030].
Claims 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019036386 (“Sant et al.”) in view of US Pub. No. 20070186821 (“Brown et al.”) as applied to Claim 7 or 15 respectfully above, and further in view of Szeles, T. et al. Mitigation of Alkali-Silica Reaction by Hydrated Alumina. Transp. Res. Rec. 2017, 2629, 15 (“Szeles et al.”).
Sant et al. does not teach its method further comprising the step of adding a source of aluminum.
However, Szeles et al. teaches that incorporating aluminum hydroxide into a concrete product mitigates alkali-silica reaction (ASR) (Abstract). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to incorporate a slowly dissolving source of aluminum into Sant et al.’s method in order to further help mitigate the unwanted ASR (Abstract and Effect of Al(OH)3 on Pore Solution pH on Page 17).
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 LISA CHAU whose telephone number is (571)270-5496. The examiner can normally be reached Monday-Friday 11 AM-730 PM.
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/LC/
Lisa Chau
Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
