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 .
Final Rejection
Claims 1-11 and 14, 16-25 are pending. Claims 1, 17, 24 and 25 are independent.
Response to Amendment
The rejection of claims 1-11 and 14-24 under 35 U.S.C. 102(a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Zhang et al. (CN 102583973B) Google Patents Translation is withdrawn in light of applicant’s amendments to each independent claim to require phosphorus pentoxide (P2O5) in an amount greater than 50% in the phosphate glass.
The rejection of claim 25 under 35 U.S.C. 103 as unpatentable over Zhang et al. (CN 102583973B) Google Patents English Translation in view of Schott et al. (DE 102012025698B3) Google Patents English Translation is maintained.
Response to Arguments
Applicant's arguments and affidavit filed 11/4/2025 with respect to claim(s) 1-11 and 14, 16-25 have been considered.
Applicant’s urge in their affidavit and in the Remarks on page 7 that Schott et al. does not teach a fluid having a strengthening purpose. In response, Applicant’s arguments are not found persuasive because the claim 25 language is limited by a fluid comprising functional phosphate glass comprising 65-75 wt% P2O5, 1-25 wt% CaO, 3-30 wt% Na2O which specific proportions of oxides are disclosed by Schott et al. with the glass being fluid at melting/refining. Schott et al. teach in their claim 1, colored glass comprising the following composition (in% by weight based on oxide): P 2 O 5 25 - 75 encompassing the claimed range of 65-75 wt% P2O5. Schott et al. teach 0 - 14 % CaO encompassing the claimed range of 1-25 wt% CaO and Schott et al. teach 0 - 12 % Na 2 O encompassing the claimed range of 3-30 wt% Na2O in general. Further contrary to Applicant’s arguments, Schott et al. claim 1 in the attached translation and teach this colored glass is fluid at melting/refining temperatures. See page 4 of the Google translation, 9 paragraphs from the top.
Applicant’s urge in their affidavit and in the Remarks on pages 7-8 that Zhang is relied upon for features of the glass that is not made from the strengthening fluid. In response, Applicant’s arguments are not on point with the claims presented for examination. None of the claims presented for examination are limited by a “strengthening fluid”. The claims are to a fluid for stabilizing solids and in that respect, Zhang et al. is pertinent to the claims presented for examination teaching a fluid for stabilizing glass powder and particulate material. Examiner notes that Applicant’s arguments rely on language solely recited in preamble recitations in claim(s) 1, 17, 24 and 25. When reading the preamble in the context of the entire claim, the recitation “by strengthening the solid to reduce degradation without any loss of permeability” is not limiting because the body of the claim describes a complete invention and the language recited solely in the preamble does not provide any distinct definition of any of the claimed invention’s limitations. Thus, the preamble of the claim(s) is not considered a limitation and is of no significance to claim construction. See Pitney Bowes, Inc. v. Hewlett-Packard Co., 182 F.3d 1298, 1305, 51 USPQ2d 1161, 1165 (Fed. Cir. 1999). See MPEP § 2111.02. Accordingly, the claim amendments are addressed below.
New Grounds of Claim Rejections - 35 USC § 103
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 1-11, 14, 16-24 are rejected under 35 U.S.C. 103 as unpatentable over Zhang et al. (CN 102583973B) EPO English Translation of the Description and the Google Patents Translation in view of Raade et al. (WO 2014/074930A1) Google Patents English Translation.
With respect to independent claim 1 to a fluid for stabilising solids formed from particulate material by strengthening the solid to reduce degradation without any loss of permeability, Zhang et al. teach a fluid having chemical stability and excellent fluidity which solution, colloidal sol or homodisperse aqueous slurry comprises a lightweight particle powder, (see claim 1 of the Google Translation of the claims and page 3 of the EPO English translation) describing the liquid glass system.
Claim 1 limitation to the fluid comprising glass or dissolution products of glass and a carrier is met by the fluid of Zhang et al. comprising phosphate glass, SiO2 and water carrier. See claims 1 and 6 of the Google translation and page 3, 5 paragraphs from the bottom guiding one of ordinary skill that their liquid system comprises phosphate glass in general.
Zhang et al. do not teach claim 1 limitation to wherein the glass additionally comprises a ZnO. Further, Zhang et al. teach their liquid system is applicable to phosphate glass material systems in general. See 5 paragraphs from the bottom of page 3 of the Zhang et al. EPO translation teaching phosphate glass which is commonly known amorphous material primarily composed of phosphorus pentoxide P2O5 however, Zhang et al. do not teach claim 17 limitation to wherein the phosphate glass comprises more than 50 wt% of phosphorus pentoxide P2O5.
In the analogous fluid glass art, Raade et al. teach commonly known high (>50 mol%) phosphorus liquid glass providing heat transfer and thermal energy storage will have a high phosphorus pentoxide P2O5 concentration. See tables 6-9 illustrating 50.9% and table 9 illustrating greater than 50 wt% P2O5 [0079-0086]. With respect to independent claim 1 requiring the glass to comprise ZnO, Raade et al. teach [0019] commonly known “oxide" refers to a compound having a least one oxygen atom bound to a non-oxygen atom. Alkali metal oxides refer to oxides of sodium, potassium, lithium, rubidium, and cesium. Useful oxides in the present invention include, but are not limited to, phosphorus oxide (P2O5), lithium oxide (Li20), sodium oxide (Na20), potassium oxide (K20), boron oxide (B203), calcium oxide (CaO), bismuth oxide (Bi203), copper oxide (CuO), vanadium oxide (V205), lead oxide (Pb304), zinc oxide (ZnO), and magnesium oxide (MgO). Other oxides can be used in the compositions of the invention.
Zhang et al. and Raade et al. are both considered to be analogous to the claimed invention because they are in the same field of stable liquid glass.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang et al. with the claimed more than 50wt% P2O5 as required by claim 1 because Zhang et al. teach their liquid glass system can include phosphate glass in general and Raade et al. teach high (>50 mol%) phosphorus liquid glass provides improved heat transfer and thermal energy storage with a high P2O5 concentration in an amount of greater than 50% and provides molten glass with nice flow and heat transfer and thermal storage.
Also, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang et al. with ZnO as required by claim 1 because Zhang et al. teach their liquid glass system can include phosphate glass with SiO2 and other oxides as taught on page 4, middle paragraph of the Google translation of Zhang et al. teaching boron oxide, calcium oxide, lithium oxide, potassium oxide, magnesium oxide which are the same oxides disclosed by Raade et al.as commonly known and equivalent to the claimed zinc oxide as also taught by Raade et al.
Regarding claims 5-6 and 10 claim limitation to wherein the particle size distribution of the particulate material is in the range 1 um to 1 mm is taught by Zhang et la. Teach their glass microspheres have a micron particle size preparation (1-200 microns) encompassing the claimed range. See page 5,ln.2 and page 4, 4th paragraph.
The claims 7-8 limitation to wherein the particulate material is selected from sedimentary rock selected from chalk, shale, halides and sandstone, is met by Zhang et al. teaching calcium carbonate (encompassing chaulk) (see page 3, last paragraph) and teach their SiO 2 is fumed silica, precipitated silica, silica sol, silica gel micropowder or ultrafine quartz sand micropowder, etc. See last and 2nd to last paragraphs on page 3 of the Google translation.)
Regarding claim 9 wherein when the glass is a suspension of glass powder in the carrier, the particle size distribution of the glass particles is +/-15% of the particle size distribution of the particulate material, see the claim 1 describing their solution the homogenized colloidal sol or slurries comprise the spherical precursor powder of micron size order 1-200 microns. See claim 1 and page 4, 4th paragraph.
Claim 11 limitation to wherein the glass is a low melting point glass is met by Zhang teaching the same phosphate glass comprising the same silicone dioxide and their process does not have a high-temperature melting process. See the page 4, middle paragraph of the Google translation of Zhang et al. teaching boron oxide, calcium oxide, lithium oxide, potassium oxide, magnesium oxide as required in claim 14.
The carrier of claim 16 is met by Zhang et al. teaching an aqueous homodisperse slurry. See claim 1 of the Google Translation.
With respect to broadest independent claim 17 to a fluid for stabilising solids formed from particulate material by strengthening the solid to reduce degradation without any loss of permeability, Zhang et al. teach a fluid having chemical stability and excellent fluidity which solution, colloidal sol or homodisperse aqueous slurry comprises a lightweight particle powder, (see claim 1 of the Google Translation of the claims and page 3 of the EPO English translation) describing the liquid glass system.
Claim 17 limitation to the fluid comprising glass or dissolution products of glass and a carrier is met by the fluid of Zhang et al. comprising phosphate glass, SiO2 and water carrier. See claims 1 and 6 of the Google translation and page 3, 5 paragraphs from the bottom guiding one of ordinary skill that their liquid system comprises phosphate glass in general.
Claim 17 limitation to wherein the glass additionally comprises an oxide in the Markush of claim 17 is met by the fluid of Zhang et al. comprising phosphate glass, SiO2 and water carrier. See claims 1 and 6 of the Google translation. The SiO 2 -containing alkali metal or alkaline earth metal silicate includes sodium metasilicate, sodium silicate, sodium potassium silicate, potassium silicate, lithium silicate or quaternary ammonium silicate and the like. See EPO translation page 3, 4th paragraph from the top. It is the Examiner’s position that this encompasses material limitation to glass and a carrier; wherein the glass is a functional glass as claimed.
Regarding the claim 17 method for preparing a fluid for stabilising solids formed from particulate material comprising: melting and fritting a glass; see Zhang et al. teaching heating at 30-80C and under normal pressure to obtain a solution. See 4th paragraph from the bottom of page 3 of the EPO translation. And Page 4, 2nd paragraph teaches sintering at 600-1100oC. It is Examiner’s position that the heating and sintering of Zhang encompass the melting and fritting of the claim language.
Limitation to claim 17, milling the glass to form a powder; See the 3rd paragraph from the bottom on page 3 of the EPO translation teaching the mixing and homogenization use common grinding equipment: high-speed mixer and sand mill, colloid mill, ball mill or homogeneous emulsifier and other above-mentioned equipment. The particle size of solid particles in the slurry that may be formed is ensured to be at least less than 2 microns by using homogenization. See also page 5, middle paragraph above Drawings teaching the method uses water quenching and forms a homogenized queous solution, sol or water slurry encompassing the claimed fluid.
Claim 17 limitation to adding the milled glass to a carrier, is met by Zhang et al.’s soft chemical sol-gel method where a water-based salt solution or slurry in which various ions coexist in the corresponding glass system, add a precipitation aid to produce precipitation, and form a homogenized water-based slurry through high-speed stirring. See page 5 paragraphs 1 and 2. Zhang et al. teaching a solution, colloidal sol or homodisperse aqueous slurry meeting the claim language to adding the milled class to water. See claim 1 of the Google Translation of Zhang et al.
On page 4, 2nd paragraph from the bottom Zhang et al. teach their liquid system comprises silicon dioxide content is 55-88%,
boron oxide content is 3-30%,
sodium oxide content is 2-32%,
calcium oxide content is 0-15%,
aluminum oxide content is 0-5%,
magnesium oxide content is 0-5%,
potassium oxide content is 0-5%, and
lithium oxide content is 0~2%. See page 4, 2nd paragraph from the bottom. Zhang et al. guide one of ordinary skill to lower the SiO2 6-30% on page 3, 3rd paragraph.
Zhang et al. teach their liquid system is applicable to phosphate glass material systems in general. See 5 paragraphs from the bottom of page 3 of the Zhang et al. EPO translation teaching phosphate glass which is commonly known amorphous material primarily composed of phosphorus pentoxide P2O5 however, Zhang et al. do not teach claim 17 limitation to wherein the phosphate glass comprises more than 50 wt% of phosphorus pentoxide P2O5.
In the analogous fluid glass art, Raade et al. teach commonly known high (>50 mol%) phosphorus liquid glass providing heat transfer and thermal energy storage will have a high phosphorus pentoxide P2O5 concentration. See tables 6-9 illustrating 50.9% and table 9 illustrating greater than 50 wt% P2O5 [0079-0086].
Zhang et al. and Raade et al. are both considered to be analogous to the claimed invention because they are in the same field of stable liquid glass.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang et al. with the claimed more than 50wt% P2O5 as required by claim 17 because Zhang et al. teach their liquid glass system can include phosphate glass in general and Raade et al. teach high (>50 mol%) phosphorus liquid glass providing heat transfer and thermal energy storage will have a high P2O5 concentration in an amount of greater than 50% to provide molten glass with nice flow and heat transfer and thermal storage applications.
Regarding claim 18, dependent on claim 1, is met by Zhang et al. teaching the liquid phase is mixed with a molding agent and drying it to a ceramic microbead which is glass would encompass the claim 18 setting. See the paragraph above Summary of Invention on page 2, 2nd paragraph.
Claims 19-22 limitation to wherein stabilisation of the solid is met by the art teaching the same glass microspheres produced have high compressive strength, light weight, low alkali and water resistance, good fluidity and dispersion. See abstract.
Claim 23 limitation to using the fluid in geoengineering, building preservation, construction, tunnelling, landscape restoration, land remediation, and/or flood protection/remediation is met by Zhang eta l. teaching on page 1, 2nd to last paragraph their fluid can be used in many high-performance lightweight composite materials based on hollow glass microspheres, such as body parts, interior decoration, sealants, putty and putty, etc.; density and anti-knock performance regulators in emulsion explosives; electrical component shell insulation and radar in the electronics industry Antenna coating materials; nuclear fusion target pellet carriers filled with deuterium-tritium mixture; filling materials for artificial marble and artificial wood; thermal insulation materials in low temperature technology; hollow glass microspheres with high compressive strength for oil fields, etc.
With respect to independent claim 24 requiring the glass to comprise ZnO, Zhang et al. do not teach the zinc oxide. As applied in claim 1 above, in the analogous fluid glass art, Raade et al. teach [0019] commonly known oxide" refers to a compound having a least one oxygen atom bound to a non-oxygen atom. Alkali metal oxides refer to oxides of sodium, potassium, lithium, rubidium, and cesium. Useful oxides in the present invention include, but are not limited to, phosphorus oxide (P2O5), lithium oxide (Li20), sodium oxide (Na20), potassium oxide (K20), boron oxide (B203), calcium oxide (CaO), bismuth oxide (Bi203), copper oxide (CuO), vanadium oxide (V205), lead oxide (Pb304), zinc oxide (ZnO), and magnesium oxide (MgO). Other oxides can be used in the compositions of the invention.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Zhang et al. with the claimed ZnO as required by claim 24 because Zhang et al. teach their liquid glass system can include phosphate glass with SiO2 and other oxides as taught on page 4, middle paragraph of the Google translation of Zhang et al. teaching boron oxide, calcium oxide, lithium oxide, potassium oxide, magnesium oxide which are the same oxides disclosed by Raade et al.as commonly known and equivalent to the claimed zinc oxide as also taught by Raade et al.
Claim 25 is rejected under 35 U.S.C. 103 as unpatentable over Zhang et al. (CN 102583973B) EPO and Google Patents English Translation in view of Schott et al. (DE 102012025698B3) Google Patents English Translation.
Zhang et al. is relied upon as set forth above regarding the claim 25 fluid for stabilising solids formed from particulate material by strengthening the solid to reduce degradation without any loss of permeability, Zhang et al. teach a fluid having chemical stability and excellent fluidity which solution, colloidal sol or homodisperse aqueous slurry comprises a lightweight particle powder, (see claim 1 of the Google Translation of the claims and page 3 of the EPO English translation) describing the liquid glass system.
Claim 25 limitation to the fluid comprising glass or dissolution products of glass and a carrier is met by the fluid of Zhang et al. comprising phosphate glass, SiO2 and water carrier. See claims 1 and 6 of the Google translation and page 3, 5 paragraphs from the bottom guiding one of ordinary skill that their liquid system comprises phosphate glass in genera
Zhang et al. do not teach the claim 25 limitation to a fluid comprising functional phosphate glass comprising 65-75 wt% P2O5, 1-25 wt% CaO, 3-30 wt% Na2O. Examiner notes that Zhang et al. teach their liquid system is applicable to phosphate glass material systems in general. See 1st paragraph on page 4 of the Zhang et al. Google translation.
In the analogous glass art, Schott et al. (DE 102012025698B3) teach that claim 25 language to a fluid comprising functional phosphate glass comprising 65-75 wt% P2O5, 1-25 wt% CaO, 3-30 wt% Na2O is not patentable because said specific proportions of oxides are disclosed by Schott et al. with the glass being fluid at melting/refining. Schott et al. teach in their claim 1, colored glass comprising the following composition (in% by weight based on oxide): P 2 O 5 25 - 75 encompassing the claimed range of 65-75 wt% P2O5. Schott et al. teach 0 - 14 % CaO encompassing the claimed range of 1-25 wt% CaO and Schott et al. teach 0 - 12 % Na 2 O encompassing the claimed range of 3-30 wt% Na2O in general. Further Schott et al. claim 1 teach this colored glass is fluid at melting/refining temperatures. See page 4 of the Google translation, 9 paragraphs from the top.
It would have been obvious to one of ordinary skill in the art, before the effective
filing date of the claimed invention, to modify Zhang et al. with the claimed phosphate glass parameters because Zhang et al. teach their liquid glass system includes phosphate glass in general and Schott et al. teach colored phosphate glass comprising the claimed higher percentages of P 2 O 5 in an amount of 25 - 75% encompassing the claimed range of 65-75 wt% P2O5 with the claimed range of CaO and Na 2 O are commonly known amounts in colored glasses that can be made fluid. One of ordinary skill is motivated to combine the teachings of Zhang with that of Schott since both are in the field of stable dispersions of glass in general.
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.
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/PREETI KUMAR/Examiner, Art Unit 1761
/ANGELA C BROWN-PETTIGREW/Supervisory Patent Examiner, Art Unit 1761
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