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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first flow, second flow, third flow, materials, static mixer and all other structures in the claims must be shown or the feature(s) canceled from the claim(s). The drawings fail to show any reference numbers and the specification fails to also describe any reference numbers. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 14 is objected to because of the following informalities: in line 20, there is a period after T3 that should be changed to a comma; and in line 19, “awater” should be corrected. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation, “said third flow comprising a mixture of said first material and said second material and optionally comprising water” in lines 19-20. If the third flow is a combination of the first and second flow, and the first flow and second flow are each recited as comprising water (see claim 1, lines 4 and 7), then the third flow would be required to have water, and it therefore, it is unclear how it could be optional. As such the claim is indefinite for failing to distinctly claim the invention. Claims 2-13 are also rejected under 35 USC 112(b) by virtue of their dependency on claim 1.
Regarding claim 12, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 12 recites the broad recitation inorganic salt, and the claim also recites preferably an inorganic salt of alkali and earth alkali metals which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Regarding claim 13, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 13 recites the broad recitation a metal hydroxide, and the claim also recites preferably an alkali hydroxide which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 14 recites the limitation "said third flow" in line 17. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sautreuil (EP 3535101).
Regarding claim 1, Sautreuil discloses a method for layer-by-layer deposition of concrete (title; [0018]), said method comprising providing extrudable concrete by
supplying a first flow and a second flow to a static mixer ([0018]-[0019]),
said first flow comprising a first material and water ([0019] component A), said first material comprising a binder material and having a first initial setting time T1 ([0019]; [0037]-[0040]; [0055]; [0062]), said first flow having a first viscosity V1 ranging between 0.1 Pa·s and 60 Pa·s ([0065]; [0118]) and a first yield stress Y1 ([0118]),
said second flow comprising a second material and water ([0019] component B), said second material comprising a carrier material comprising powdery material and at least one additional compound ([0019]; [0062]), said additional compound being a compound, when added to said first material to form a mixture of said first material and said additional compound, being able to reduce the initial setting time of said mixture compared to said first initial setting time T1 ([0040]; [0043]),
said second material having a second initial setting time T2 ([0040]-[0045]), said second flow having a second viscosity V2 ranging between 0.1 Pa·s and 60 Pa·s ([0065]; [0130]) and a second yield stress Y2 ([0130]), whereby said first viscosity V1 and said second viscosity V2 define a ratio V1/V2 ranging between 1/40 and 40 ([0065]; [0066]; [0072]; [0073]; [0118]; [0130]) and whereby said second initial setting time T2 is equal to or larger than said first initial setting time T1 ([0048]-[0055] (based on the composition of component A and B, with component B not having a setting admixture, the setting time for component B would be larger than the setting time of component A which has a binder));
mixing said first flow and said second flow in said static mixer to obtain a third flow comprising said extrudable concrete ([0073]), said third flow comprising a mixture of said first material and said second material and optionally comprising water, said mixture of said first material and said second material having a third initial setting time T3, said third flow having a third viscosity V3 and a third yield stress Y3 ([0075]; [0081]-[0087]), whereby said third viscosity V3 is larger than said first viscosity V1 and larger than said second viscosity V2 ([0040]; [0065]-[0066]; [0075]), whereby said third yield stress Y3 is larger than said first yield stress Y1 and larger than said second yield stress Y2 ([0081]; [0086] greater than [0118] and [0130]) and whereby said third initial setting time T3 is shorter than said first initial setting time T1 ([0075] immediately hardens); [0082]);
dispensing said third flow from said static mixer ([0090]).
Regarding claim 2, Sautreuil discloses wherein said first and said second flow are supplied to said static mixer by pumping ([0071]).
Regarding claim 3, Sautreuil discloses wherein said carrier material comprises powdery material having an average particle size lower than 100 μm ([0058]).
Regarding claim 4, Sautreuil discloses wherein said third initial setting time T3 is shorter than half of said first initial setting time T1 ([0038]; [0040]; [0044]; [0075] T1 is explained as having a very slow setting time, while T3 is explained as hardening/setting immediately)).
Regarding claim 5, Sautreuil discloses wherein said third viscosity V3 is at least 2 times said first viscosity V1 or at least 2 times said second viscosity V2 and/or wherein said third yield stress Y3 is at least 200 times said first yield stress Y1 or at least 200 times said second yield stress Y2 ([0081]; [0118]; [0130] (see yield stress values Y3=50-5000, Y1=7, Y2=60)).
Regarding claim 6, Sautreuil discloses wherein said ratio V1/V2 ranges between 1/20 and 20 ([0065]; [0066]; [0072]; [0073]; [0118]; [0130]).
Regarding claim 7, Sautreuil discloses wherein said first flow is supplied to said static mixer with a flow rate F1 and said second flow is supplied to said static mixer with a flow rate F2, with said ratio F1/F2 ranging between 1/10 and 10 ([0144]).
Regarding claim 8, Sautreuil discloses wherein said first flow is supplied to the static mixer by pumping said material of said first flow by a first pump and said second flow is supplied to the static mixer by pumping said material of said second flow by a second pump ([0064]; [0070]-[0071]; [0144]).
Regarding claim 9, Sautreuil discloses wherein said binder material comprises a cementitious binder material and/or an alkali activated binder material ([0055]).
Regarding claim 10, Sautreuil discloses wherein said second flow is free (or substantially free) of said binder material wherein said second flow is free (or substantially free) of said binder material ([0055]).
Regarding claim 11, Sautreuil discloses wherein said carrier material is selected from the group consisting of limestone filler and mineral powders such as sand or quartz powder ([0047]-[0047]).
Regarding claim 12, Sautreuil discloses wherein said additional compound comprises a setting and/or hardening accelerator, said setting and/or hardening accelerator comprising an inorganic salt, preferably an inorganic salt of alkali and earth alkali metals, an organic salt or a compound selected from the group consisting of amines and/or organic acids and their salts ([0055]).
Regarding claim 13, Sautreuil discloses wherein said additional compound comprises an alkali activator comprising a metal hydroxide, preferably an alkali hydroxide selected, a non-silicate weak acid salt, a silicate, an aluminate, an aluminosilicate or a non-silicate strong acid salt. ([0041]; [0129]).
Regarding claim 14, Sautreuil discloses a system for layer-by-layer deposition of concrete (title; [0018]), said system comprising
a static mixer having at least one inlet for introducing a first flow in said static mixer, at least a second inlet for introducing a second flow in said static mixer and at least one outlet for providing a third flow ([0018]-[0019]; [0071]; [0070]; [0073]; [0090]),
whereby said first flow comprises a first material ([0019]; component A), said first material comprising binder material and water ([0019]; [0037]-[0040]; [0055]; [0062]), said first flow having a first viscosity V1 ranging between 0.1 Pa·s and 60 Pa·s ([0065]; [0118]) and a first yield stress Y1 ([0118]), said first material having a first initial setting time T1 ([0037]-[0040]; [0055]; [0062]),
said second flow comprising a second material and water ([0019] component B), said second material comprising a carrier material comprising powdery material and at least one additional compound ([0019]; [0062]), said additional compound being a compound, when added to said first flow of material being able to reduce the initial setting time T1 of said first flow of material ([0040]; [0043]),
said second flow having a second viscosity V2 ranging between 0.1 Pa·s and 60 Pa·s ([0065]; [0130]) and a second yield stress Y2 ([0130]), said second material having a second initial setting time T2 ([0040]-[0045]), whereby said first viscosity V1 and said second viscosity V2 define a ratio V1/V2 ranging between 1/40 and 40 ([0065]; [0066]; [0072]; [0073]; [0118]; [0130]) and whereby said second initial setting time T2 is equal to or larger than said first initial setting time T1 ([0048]-[0055] (based on the composition of component A and B, with component B not having a setting admixture, the setting time for component B would be larger than the setting time of component A which has a binder));
said material of said first flow and said material of said second flow being mixed in said static mixer to obtain said third flow comprising said extrudable concrete ([0073]), said third flow comprising a mixture of said first material, said second material and water, said mixture of said first material and said second material having a third initial setting time T3, said third flow having a third viscosity V3 and a third yield stress Y3 ([0075]; [0081]-[0087]), whereby said third viscosity V3 is larger than said first viscosity V1 and larger than said second viscosity V2 ([0040]; [0065]-[0066]; [0075]), whereby said third yield stress Y3 is larger than said first yield stress Y1 and larger than said second yield stress Y2 ([0081]; [0086] greater than [0118] and [0130]) and whereby said third initial setting time T3 is shorter than said first initial setting time T1 ([0075] immediately hardens); [0082]).
Regarding the limitations in claim 14, directed to the material worked upon, including the properties associated with those materials, it is noted that neither the manner of operating a disclosed device nor material or article worked upon further limit an apparatus claim. Said limitations do not differentiate apparatus claims from prior art. See MPEP § 2114 and 2115. Further, it has been held that process limitations do not have patentable weight in an apparatus claim. See Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969) that states “Expressions relating the apparatus to contents thereof and to an intended operation are of no significance in determining patentability of the apparatus claim.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH INSLER whose telephone number is (571)270-0492. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774