DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/07/2025 has been entered.
Response to Amendment
In response to the amendment received on 11/07/2025:
claims 1-19 are currently pending
new prior art grounds of rejection applying Flatt, Arnaud, Cao and Jin are present 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.
Claim 1-5, 7 and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Flatt et al. (EP 2502891 A1), hereinafter referred to as FLATT, in view of Arnaud et al. (CA 2825245), hereinafter referred to as ARNAUD, and Cao et al. (Effect of macro-, micro- and nano-calcium carbonate on properties of cementitious composites - a review. Materials, 2019, 12, 781), hereinafter referred to as CAO.
Regarding claim 1, FLATT teaches an activating composition (Abstract) comprising:
at least 40% by weight, of calcium carbonate and/or magnesium carbonate particles (paragraphs [0037]: the filler material is CaCO3, and [0038]: filler material is from 0-85 wt% with respect to the total weight of the composition); thus, FLATT teaches range which overlaps with 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, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). See MPEP §2144.05(I), and
at least 1.5% by weight and up to 60% by weight of at least one alkaline metal salt (paragraph [0027]: component A is present in an amount of 5-50 wt% with respect to the total weight of the composition; A is an alkali and/or earth alkali metal salt).
While FLATT discloses that the filler material is finely divided, FLATT fails to explicitly teach calcium carbonate particles having a d80 less than or equal to 15 µm, and a d50 less than or equal to 4µm.
However, ARNAUD teaches a hydraulic binder composition comprising Portland clinker, slag, inorganic material and slag activator including alkali metal salt (see ARNAUD at lines 18-27, p. 2). ARNAUD also teaches that inorganic materials are mineral additions, for example, calcium carbonate (see ARNAUD at lines 3-8, p. 4). Additionally, ARNAUD discloses that the inorganic materials are mineral materials in the form of particles having a Dv90 less than or equal to 200 µm (lines 26-28, p. 3). Thus, ARNAUD teaches that 90% of the sample have particles diameter less than 200 µm, which overlaps with the claimed range. ARNAUD also discloses that hydraulic compositions comprise several different components having various sizes; and that it can be advantageous to associate components whose respective sizes complement one another, that is for the components with the smallest particles to be able to sandwich themselves between the components with the largest particles (see ARNAUD at lines 33-37, p. 3). Finally, ARNAUD teaches that the inorganic materials/calcium carbonate used in the invention can be used as filling materials, which means that they can fill the voids between the other components whose particles have larger sizes (see ARNAUD at lines 1-2, p. 4).
Furthermore, the effect of incorporating different size filler in cement is known in the art as evidenced from the disclosure of CAO describing that micro-calcium carbonate (1 µm–1 mm), such as limestone powder and limestone dust, is widely used in cement manufacture as a kind of blended or interground material; though micro-calcium carbonate has no pozzolanic activity and cannot react with alkaline substances such as Ca(OH)2 and calcium oxide (CaO), incorporation of micro-calcium carbonate in cement can have both physical and chemical effects on the hydration process, workability of fresh mixture and mechanical properties of hardened products (see CAO at 3. Macro-Calcium Carbonate, p. 5). CAO also discloses that when a finer (finer than cement grains) limestone powder is incorporated in cementitious composites, accumulative hydration heat, the release rate of hydration heat and the hydration products are all greatly different; and that the finer limestone powder (median particle size = 0.7 or 3 µm) significantly accelerates the hydration process of calcium silicate and increases the hydration peak, because finer limestone powder has a larger specific area and surface energy and provide additional nucleation sites for the formation and development of calcium silicate hydrate (see CAO at 3.1.1. Particle Size, p. 7).
While FLATT and ARNAUD are silent with respect to the calcium carbonate having chemical effects on the hydration process, such function is known in the art as evidenced form the disclosure of CAO. Moreover, CAO discloses the benefits of utilizing calcium carbonate filler with median particle size of 0.7-3 µm such as accelerating the hydration process of calcium silicate, because finer limestone powder has a larger specific area and surface energy.
One of ordinary skill in the art would have recognized the potential benefit of improving the activating composition of FLATT by adjusting the calcium carbonate particle size to have a Dv90 less than or equal to 200 µm as disclosed by ARNAUD since ARNAUD explicitly teaches that calcium carbonate can be used as filling materials, which means that they can fill the voids between the other components whose particles have larger sizes (see ARNAUD at lines 1-2, p. 4). Moreover, based on the teachings of CAO regarding finer limestone powder (median particle
size = 0.7 or 3 µm) significantly accelerating the hydration process (see CAO at 3.1.1. Particle Size, p. 7), one of ordinary skill in the art would have been motivated to further narrow particle size range of ARNAUD to below 3 µm as disclosed by CAO.
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 composition of FLATT by adjusting the particle size of calcium carbonate to be within the claimed range to benefit from associating components whose respective sizes complement one another as disclosed by ARNAUD and CAO such as filling the voids between the other component and accelerating the hydration process.
Regarding claim 2, FLATT as modified by ARNAUD and CAO teaches the activating composition according to claim 1, wherein said alkaline metal salt is present in a content of between 1.5% and 15% by weight (see FLATT at paragraph [0037]: component A is present in an amount of 5-50 wt% with respect to the total weight of the composition; A is an alkali and/or earth alkali metal salt). Thus, FLATT teaches range, which overlaps with the claimed range.
Regarding claim 3, FLATT as modified by ARNAUD and CAO teaches the activating composition of claim 1, wherein said alkaline metal salt is present in a content of between 25 and 60% by weight (see FLATT at paragraph [0037]: component A is present in an amount of 5-50 wt% with respect to the total weight of the composition; A is an alkali and/or earth alkali metal salt). Thus, FLATT teaches range, which overlaps with the claimed range.
Regarding claim 4, FLATT as modified by ARNAUD and CAO teaches the activating composition of claim 1, wherein the alkaline metal salt is selected from the group consisting of sodium chloride (NaCl), sodium carbonate (Na2CO3) (see FLATT at paragraph [0022]: component A is selected form the group of Na2CO3, NaCl).
Regarding claim 5, FLATT as modified by ARNAUD and CAO teaches a binder composition comprising the activating composition according to claim 1, and a component C consisting of at least one hydraulic binder (see FLATT at paragraph [0052]: binder composition comprising: an activator composition, a hydraulic binder).
Regarding claim 7, FLATT as modified by ARNAUD and CAO teaches the binder composition according to claim 5, wherein component C consists of a mixture of grounded granulated blast furnace slag (see FLATT at paragraphs [[0055]: the latent hydraulic binder material and/or pozzolanic binder material is slag, and [0016]: the slag is ground granulated blast furnace slag) and at least another hydraulic binder (paragraph [0054]: the binder composition comprises of 10-95 wt.% of hydraulic binder and 90-5 wt.% of latent hydraulic binder material) selected from the group consisting of hydraulic binder according to the standard EN 197-1 (see FLATT at paragraph [0056]: cement is according to norm EN 197), and cement based on alumina or calcium aluminate and mixtures thereof.
Regarding claim 11, FLATT as modified by ARNAUD and CAO teaches the binder composition according to claim 7, wherein component C comprises at least 30% by weight (paragraph [0054]: the binder composition comprises of 10-95 wt.% of hydraulic binder and 90-5 wt.% of latent hydraulic binder material) of grounded granulated blast furnace slag (see FLATT at paragraphs [[0055]: the latent hydraulic binder material and/or pozzolanic binder material is slag, and [0016]: the slag is ground granulated blast furnace slag). FLATT teaches range which overlaps with the claimed range.
Regarding claim 12, FLATT as modified by ARNAUD and CAO teaches the binder composition according to claim 7, wherein said component C is present in a content of between 50% and 99% by weight (see FLATT at paragraph [0060]: a proportion of the activator composition in the binder composition is from 0.1-10 wt.% with respect to the total amount of hydraulic binder and latent hydraulic and pozzolanic binder material in the binder composition). Thus, FLATT teaches 90-99.9 wt.%, which overlaps with the claimed range.
Regarding claim 13, FLATT as modified by ARNAUD and CAO teaches the binder composition according to claim 7, wherein the activating composition according to any one of claims 1 to 4 is present in a content of between 1.5% and 35% by weight (see FLATT at paragraph [0060]: a proportion of the activator composition in the binder composition is from 0.1-10 wt.% with respect to the total amount of hydraulic binder and latent hydraulic and pozzolanic binder material in the binder composition). Thus, FLATT teaches range which overlaps with the claimed range.
Regarding claim 14, FLATT as modified by ARNAUD and CAO teaches the binder composition according to claim 7, wherein said alkaline metal salt is present in a content of between more than 0.5% and 5% by weight (see FLATT at paragraph [0037]: component A is present in an amount of 5-50 wt% with respect to the total weight of the composition; A is an alkali and/or earth alkali metal salt). Thus, FLATT teaches range, which overlaps with the claimed range.
Regarding claim 15, FLATT as modified by ARNAUD and CAO teaches a dry concrete or a dry industrial mortar composition selected in the group consisting of tile adhesive, coating, assembling mortars, repair mortars, renders, technical mortars and mortars for floor covering comprising at least one aggregate and the binder composition according to claim 5 (see FLATT at paragraph [0058]: a premixed binder composition comprising hydraulic binder and the activator composition, together with additional latent hydraulic and/or pozzolanic material, e.g., slag, and aggregates, ready -mix mortars or concrete can be produced).
Regarding claim 16, FLATT as modified by ARNAUD and CAO teaches a wet concrete or a wet industrial mortar composition selected in the group consisting of tile adhesive, coating, assembling mortars, repair mortars, renders, technical mortars and mortars for floor covering comprising at least one aggregate and the binder composition according to claim 5 and water (see FLATT at Table 5: binder, sand/aggregate, water and activator)
Regarding claim 17, FLATT as modified by ARNAUD and CAO teaches a process for preparing the wet concrete or the wet industrial mortar composition of claim 16 comprising the step of mixing with water, at least one aggregate, and the binder composition (see FLATT at paragraph [0068]: binder composition after mixing with water), the binder composition being prepared before the mixing step or in situ during the mixing step from at least some of the different components of the binder composition taken separately and/or under the form of premix(es) (see FLATT at paragraph [0058]: a premixed binder composition comprising hydraulic binder and the activator composition).
Regarding claim 18, FLATT as modified by ARNAUD and CAO teaches the process according to claim 17, wherein the ratio water to binder composition is comprised between 0.2 and 2 (see FLATT at Table 5: W/C = 0.6). FLATT teaches the ratio water to binder composition of 0.6, which is within the claimed range.
Regarding claim 19, FLATT as modified by ARNAUD and CAO teaches a hardened concrete or a hardened industrial mortar composition obtained from the wet concrete or the wet industrial mortar composition according to claim 16 (see FLATT at paragraph [0067]: the binder composition with the activator composition can be used for production of a formed body comprising the hardened binder composition).
Claims 6, 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over FLATT in view of ARNAUD and CAO, further in view of JIN KYU et al. (WO 2009/005205 A1), hereinafter referred to as JIN.
Regarding claim 6, FLATT as modified by ARNAUD and CAO teaches the binder composition according to claim 5, but fails to explicitly teach wherein component C consists of exclusively grounded granulated blast furnace slag.
However, JIN teaches a cement-free alkali activated binder in which alkaline inorganic materials are appropriately added to an industrial waste such as blast furnace slag (see JIN at Abstract). JIN discloses the cement-free alkali activated binder comprising a source material (blast furnace slag) and an alkaline inorganic material/alkali metal salt (see JIN at paragraphs <53-54>). JIN also teaches that the disclosed invention effectively provides a cement-free alkali activated binder, which has high initial strength, an excellent long-term development of strength, low hydration reaction heat, high chemical resistance, high resistance to freeze and melt, high resistance to fire and low non-elastic deformation, etc., and that the cement-free alkali activated binder of the present invention can be efficiently used for a broad range of construction field (see JIN at paragraph <34>). JIN discloses that the industrial wastes can be transformed into a binder that can replace conventional Portland cement, thus easing an environmental burden, further, by saving an energy that is required for burning the binder and not releasing carbon dioxide, an environmentally friendly cement-free alkali activated binder is advantageously provided (see JIN at paragraph <35>).
One of ordinary skill in the art would have recognized the potential benefit of improving the composition of FLATT by adjusting the binder to include exclusively blast furnace slag as disclosed by JIN since JIN explicitly teaches that a cement-free alkali activated binder has high initial strength, an excellent long-term development of strength, low hydration reaction heat, high chemical resistance, high resistance to freeze and melt, high resistance to fire and low non-elastic deformation, etc., (see JIN at paragraph <34>), and that the use of the industrial wastes ease an environmental burden (see JIN at paragraph <35>).
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 binder composition of FLATT by including exclusively blast furnace slag as disclosed by JIN in order to ease an environmental burden while obtaining binder with desired properties.
Regarding claim 8, FLATT as modified by ARNAUD, CAO and JIN teaches the binder composition according to claim 6, wherein said grounded granulated blast furnace slag (see FLATT at paragraphs [[0055]: the latent hydraulic binder material and/or pozzolanic binder material is slag, and [0016]: the slag is ground granulated blast furnace slag) is present in a content of between 60% and 99% by weight (see FLATT at paragraph [0054]: the binder composition comprises of 10-95 wt.% of hydraulic binder and 90-5 wt.% of latent hydraulic binder material). FLATT teaches range which overlaps with the claimed range.
Regarding claim 9, FLATT as modified by ARNAUD, CAO and JIN teaches the binder composition according to claim 6, wherein the activating composition according to claim 1 (see FLATT at paragraph [0060]: a proportion of the activator composition in the binder composition is from 0.1-10 wt.% with respect to the total amount of hydraulic binder and latent hydraulic and pozzolanic binder material in the binder composition) is present in a content of between 1% and 40% by weight of the activating composition (see FLATT at paragraph [0060]: a proportion of the activator composition in the binder composition is from 0.1-10 wt.% with respect to the total amount of hydraulic binder and latent hydraulic and pozzolanic binder material in the binder composition). Thus, FLATT teaches range which overlaps with the claimed range.
Regarding claim 10, FLATT as modified by ARNAUD, CAO and JIN teaches the binder composition according to claim 6, wherein said alkaline metal salt (see FLATT at paragraph [0037]: component A is present in an amount of 5-50 wt% with respect to the total weight of the composition; A is an alkali and/or earth alkali metal salt) is present in a content of between more than 0.5 and 10% by weight of alkaline metal salt (see FLATT at paragraph [0037]: component A is present in an amount of 5-50 wt% with respect to the total weight of the composition; A is an alkali and/or earth alkali metal salt). Thus, FLATT teaches range, which overlaps with the claimed range.
Response to Arguments
Applicant's arguments filed on 11/07/2025 have been fully considered but they are not persuasive.
Applicant argues that a person of ordinary skill in the art would have not decreased the particle size of the calcium carbonate according to present claim 1 (see Remarks received on 11/07/2025 spanning paragraphs on pages 2-4).
However, the examiner respectfully disagrees for the following reasons. FLATT discloses that the filler material is finely divided and preferably the filler material is CaCO3 and/or SiO2; highly preferred is CaCO3 (see FLATT at paragraph [0037]. ARNAUD explicitly teaches that the calcium carbonate/inorganic material is used to fill the voids (see ARNAUD at lines 37, p. 3 – 1-2 p. 4), therefore, both FLATT and ARNAUD utilize calcium carbonate for the same purpose. Additionally, ARNAUD discloses that the inorganic materials are mineral materials in the form of particles having a Dv90 less than or equal to 200 µm (lines 26-28, p. 3). While FLATT and ARNAUD are silent with respect to the calcium carbonate having chemical effects on the hydration process, such function is known in the art as evidenced from the disclosure of CAO describing that though micro-calcium carbonate has no pozzolanic activity and cannot react with alkaline substances such as Ca(OH)2 and calcium oxide (CaO), incorporation of micro-calcium carbonate in cement can have both physical and chemical effects on the hydration process, workability of fresh mixture and mechanical properties of hardened products; thus, it is imprecise to regard micro-calcium carbonate as an inert filler, especially
when micro-calcium carbonate has a smaller particle size than cement grains or is incorporated in ternary or quaternary blends containing SCMs (see CAO at 3. Macro-Calcium Carbonate, p. 5).
According to MPEP §2112.01(I): when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Therefore, it would have been obvious to one of ordinary skill in the art that incorporation of calcium carbonate in cementitious composition would also effect the hydration process. Furthermore, CAO’s disclosure regarding finer limestone powder (median particle
size = 0.7 or 3 µm) significantly accelerating the hydration process (see CAO at 3.1.1. Particle Size, p. 7), provides rationale to further optimize the filler particle size range of ARNAUD by decreasing the particle size.
In response to Applicant argument that the claimed range gives an unexpected technical effect, and it does not optimize the filling of the voids disclosed by ARNAUD, it is noted that the feature upon which Applicant relies (i.e., water retention) is not recited in the rejected claim. Additionally, it is noted that the Applicant is alleging unexpected results: “water retention in the product”. There is no factual basis of such allegation and the arguments do not take the place of factual evidence. See MPEP §716.01(c): "It is well settled that unexpected results must be established by factual evidence." "[A]ppellants have not presented any experimental data showing that prior heat-shrinkable articles split. Due to the absence of tests comparing appellant’s heat shrinkable articles with those of the closest prior art, we conclude that appellant’s assertions of unexpected results constitute mere argument."). See also In re Lindner, 457 F.2d 506, 508, 173 USPQ 356, 358 (CCPA 1972); Ex parte George, 21 USPQ2d 1058 (Bd. Pat. App. & Inter. 1991).
Conclusion
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731