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 .
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) 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sautreuil (EP 3535101).
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.”
Allowable Subject Matter
Claims 1-13 are allowed.
Response to Arguments
Applicant’s arguments, see Remarks, filed 4/30/2026, with respect to the drawing objections, claim objections, 35 USC §112 rejections of claims 1-14 and the 35 USC §102 rejections of claims 1-13 have been fully considered and are persuasive. The 35 USC §112 rejections of claims 1-14 and 35 USC §102 rejection of claims 1-13 has been withdrawn. Claims 1-13 are allowed.
Applicant's arguments filed 4/30/2026 have been fully considered; however, Applicant has not addressed the 35 USC §102 rejection of claim 14. Applicant’s arguments regarding claim 1 are directed to amendments not found in claim 14. Furthermore, as admitted in Applicant’s remarks regarding the drawing objections, the flows of materials are not physical structures. Therefore, the properties and descriptions of the materials in the flows as recited in claim 14 do not have patentable weight in the apparatus claim 14. The prior art need only disclose a static mixer having a first inlet, second inlet and at least one outlet, which Sautreuil discloses, as explained above.
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.
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
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