Prosecution Insights
Last updated: April 19, 2026
Application No. 17/985,631

PRODUCTION OF MAGNESIUM OXYCHLORIDE CEMENT BOARDS

Non-Final OA §103§112
Filed
Nov 11, 2022
Examiner
TADAYYON ESLAMI, TABASSOM
Art Unit
1718
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Triton Mgo Products LLC
OA Round
3 (Non-Final)
50%
Grant Probability
Moderate
3-4
OA Rounds
3y 7m
To Grant
77%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
384 granted / 776 resolved
-15.5% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
65 currently pending
Career history
841
Total Applications
across all art units

Statute-Specific Performance

§103
60.2%
+20.2% vs TC avg
§102
15.7%
-24.3% vs TC avg
§112
20.7%
-19.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 776 resolved cases

Office Action

§103 §112
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 . 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1.114, and the fee set forth in 37 CFR1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/24/25 has been entered. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 31 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 31 does not furter limits the parent claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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 1-2, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao Wu et al (U. S. Patent Application: 2011/0088597, here after Wu), further in view of Jin Geng (DE112019005644, here after Geng). Claims 1, and 31 are rejected. Wu teaches a process for making a magnesium oxychloride cementitious construction material, the process comprising: forming a magnesium oxychloride concrete mixture into a plurality of boards on a plurality of supports; transferring the plurality of supports with the boards thereon through a curing oven, the magnesium oxychloride mixture of the boards is cured to form the magnesium oxychloride cementitious construction material comprising magnesium oxychloride crystals [ 0001, 0002, 0026, 0060] which in fact generate exothermic heat. Wu does not teach curing is in conveying oven. Geng teaches a method of conveying plurality of substrates through a curing oven [fig. 21], the curing oven comprising an entrance, an exit and a plurality of curing zones therebetween [fig. 1] through which the substrates are conveyed [column 1 lines 55- 61], PNG media_image1.png 1406 2500 media_image1.png Greyscale where each curing zone having one or more curing air inlets and one or more curing air outlets through which curing air is circulated in contact with the substrates when conveyed through the zone, wherein as the substrates are conveyed through the curing zones required for each board(substrate) to pass through the curing oven. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu where curing is done in Geng chamber, because it is suitable chamber for curing(drying) materials in form of paste. Geng teaches a heat zone which in fact transferring at least a portion of the (exothermic) heat generated in one or more of the curing zones to one or more curing zones upstream of the one or more of the curing zones from which the (exothermic) heat is transferred [abstract, last sentence]. Geng also teaches the plurality of curing zones comprises a first curing zone and a second curing zone adjacent the first curing zone[see above figure] and the one or more curing air inlets(above substrate) of the first curing zone and the one or more curing air inlets of the second curing zone(below substrate) are located on opposite sides of the oven and the one or more curing air outlets(below substrate) of the first curing zone and the one or more curing air outlets(above substrate) of the second curing zone are located on opposite sides of the oven. Claim 2 is rejected, as curing air heated by the exothermic heat generated during curing of the magnesium oxychloride mixture in one or more of the pluralities of curing zones is withdrawn from the curing oven and introduced into one or more of the upstream curing zones [fig. 21]. Claims 1-2, 4, 7, 9, 13, 16, 19, 22-24, 27, and 31 are rejected under 35 U.S.C. 103 as being unpatentable Khin Thandar Soe (WO 2020/093111, here after Soe), further in view of Jin Geng (DE112019005644, here after Geng). Claims 1, and 31 are rejected. Soe teaches a process for making a magnesium oxychloride cementitious construction material [0001], the process comprising: forming a magnesium oxychloride concrete mixture into a plurality of boards on a plurality of supports [0099, 00103]; transferring the plurality of supports with the boards thereon through a curing oven [00104], the magnesium oxychloride mixture of the boards is cured to form the magnesium oxychloride cementitious construction material comprising magnesium oxychloride crystals [00140] which generate exothermic heat [0073, 00104]. Soe does not teach curing is in conveying oven with plurality of curing zones. Geng teaches a method of conveying plurality of substrates through a curing oven [fig. 21], the curing oven comprising an entrance, an exit and a plurality of curing zones therebetween [fig. 1] through which the substrates are conveyed [column 1 lines 55- 61], where each curing zone having one or more curing air inlets and one or more curing air outlets through which curing air is circulated in contact with the substrates when conveyed through the zone, wherein as the substrates are conveyed through the curing zones required for each board(substrate) to pass through the curing oven. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu where curing is done in Geng chamber, because it is suitable chamber for curing(drying) materials in form of paste. Geng teaches a heat zone which in fact transferring at least a portion of the (exothermic) heat generated in one or more of the curing zones to one or more curing zones upstream of the one or more of the curing zones from which the (exothermic) heat is transferred [abstract, last sentence]. Geng also teaches the plurality of curing zones comprises a first curing zone and a second curing zone adjacent the first curing zone[see above figure] and the one or more curing air inlets(above substrate) of the first curing zone and the one or more curing air inlets of the second curing zone(below substrate) are located on opposite sides of the oven and the one or more curing air outlets(below substrate) of the first curing zone and the one or more curing air outlets(above substrate) of the second curing zone are located on opposite sides of the oven. Claim 2 is rejected, as curing air heated by the exothermic heat generated during curing of the magnesium oxychloride mixture in one or more of the pluralities of curing zones is withdrawn from the curing oven and introduced into one or more of the upstream curing zones [fig. 21]. Claim 4 is rejected as Soe teaches mixing and reacting a source of magnesium chloride brine with a source of magnesium oxide [0088-0090] in a premixer, thereby forming a magnesium oxychloride cement premix; and mixing the magnesium oxychloride cement premix with an aggregate in the mixer, thereby forming the magnesium oxychloride concrete mixture [0091-0092]. It is also to skill of an ordinary skill to transferring the magnesium oxychloride cement premix to a mixer in absence of criticality. Claim 7 is rejected as Soe teaches the curing air comprising humidified ambient air (to increase the humidity on curing zone or each curing zone) [0093]. Claim 9 is rejected as Soe teaches the temperature of the magnesium chloride brine is controlled to regulate the temperature of the formed magnesium oxychloride (concrete) boards plurality of boards conveyed into the (first) curing zone [0007, 0088, 00104] (adjacent the entrance to the curing oven). Claim 13 is rejected. Soe teaches monitoring the temperature of the magnesium oxychloride mixture cement premix formed in the premixer; comparing the temperature of the magnesium oxychloride mixture cement premix formed in the premixer to a desired temperature [00127, 00105]. Claim 16 is rejected. Soe teaches the temperature of magnesium chloride brine is in 22-23C [0088]. Claim 19 is rejected. Since by changing the temperature the volume of MgCI2 brine changes and the density of the bine changes, therefore it is to the skill of ordinary person to adjust the density in response to a deviation in the temperature of the magnesium oxychloride mixture from the desired temperature in absence of criticality. Claim 22 is rejected as Soe teaches the molar ratio of MgO/MgCl2 is 8-11, and H2O/MgCI2 is 19-21[0053]. Claim 23 is rejected as Soe teaches aggregate comprising perlite [0021]. Claim 24 is rejected as Soe teaches adding phosphoric acid to the premix prior to adding aggregates (transferring to mixer) [0088]. Claim 27 is rejected as Soe teaches the relative humidity in curing zone (also in plurality of curing zones) is continuously monitored [0093]. Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao Wu et al (U. S. Patent Application: 2011/0088597, here after Wu), Jin Geng (DE112019005644, here after Geng), further in view of Yin Yang et al (Chinese Patent: 101857414, here after Yang). Claim 10 is rejected. Wu and Geng teach the limitation of claim 1, and Wu teaches casting the mixture in moulds(supports) [0060], but does not teach prior to forming the magnesium oxychloride concrete mixture into the plurality of boards, the magnesium oxychloride concrete mixture is transferred to a holding vessel, and forming the magnesium oxychloride concrete mixture into the plurality of boards comprises extruding the mixture from the holding vessel onto a layer of material to be incorporated into the magnesium oxychloride cementitious construction material and carried by the supports. Yang teaches a process of making building material comprising magnesium chloride and magnesium oxide, and teaches filling moulds with extrusion following by curing [abstract, 0011]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu and Geng where the moulds are filled with extrusion, because it is suitable method of filling moulds for making building materials. Therefore, the magnesium oxychloride concrete mixture transferred to a holding vessel(extrusion), and forming the magnesium oxychloride concrete mixture into the plurality of boards comprises extruding the mixture from the holding vessel onto a layer of material to be incorporated into the magnesium oxychloride cementitious construction material and carried by the supports (moulds). Claims 11-12 are rejected. Yang teaches the temperature of the magnesium oxychloride mixture in the holding vessel(extrusion) is at room temperature (no indication of heating the mixture in vessel). Although Geng does not teach the temperature within the first curing zone adjacent the entrance of the curing oven is no more than about 20°C (about 120°F) greater than the temperature of the magnesium oxychloride mixture retained in the holding vessel(23C). However, teaches controlling the temperature to avoid formation of cracks [page 2 lines 17-20]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu, Geng and Yang, were first curing zone adjacent the entrance of the curing oven is 43C, because it is helps to avoid cracks. Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Khin Thandar Soe (WO 2020/093111, here after Soe), Jin Geng (DE112019005644, here after Geng), further in view of Yin Yang et al (Chinese Patent:101857414, here after Yang). Claim 10 is rejected. Soe and Geng teach the limitation of claim 1, and Soe teaches casting the mixture in moulds(supports), but does not teach prior to forming the magnesium oxychloride concrete mixture into the plurality of boards, the magnesium oxychloride concrete mixture transfer to a holding vessel, and forming the magnesium oxychloride concrete mixture into the plurality of boards comprises extruding the mixture from the holding vessel onto a layer of material to be incorporated into the magnesium oxychloride cementitious construction material and carried by the supports. Yang teaches a process of making building material comprising magnesium chloride and magnesium oxide, and teaches filling moulds with extrusion following by curing [abstract, 0011]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Soe and Geng where the moulds are filled with extrusion, because it is suitable method of filling moulds for making building materials. Therefore, the magnesium oxychloride concrete mixture transfer to a holding vessel(extrusion), and forming the magnesium oxychloride concrete mixture into the plurality of boards comprises extruding the mixture from the holding vessel onto a layer of material to be incorporated into the magnesium oxychloride cementitious construction material and carried by the supports (moulds). Claims 11-12 are rejected. Yang teaches the temperature of the magnesium oxychloride mixture retained in the holding vessel(extrusion) is at room temperature (no indication of heating the mixture in vessel). Although Geng does not teach the temperature within the first curing zone adjacent the entrance of the curing oven is no more than about 20°C (about 120°F) greater than the temperature of the magnesium oxychloride mixture retained in the holding vessel(23C). However, teaches controlling the temperature to avoid formation of cracks [page 2 lines 17-20]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Soe, Geng and Yang, were first curing zone adjacent the entrance of the curing oven is 43C, because it is helps to avoid cracks. Claims 4, 7, 16-17, 19, 22-24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao Wu et al (U. S. Patent Application: 2011/0088597, here after Wu), Jin Geng (DE112019005644, here after Geng), further in view of James Allen Wambaugh et al (U. S. Patent: 10167232, here after Wambaugh). Claim 4 is rejected as Wu teaches step of mixing and reacting a source of magnesium chloride brine (MgCI2 aqueous solution) with a source of magnesium oxide (calcined caustic magnesia); and mixing the magnesium oxychloride cement with an aggregate (exfoliated vermiculite) in, thereby forming the magnesium oxychloride concrete mixture [0063]. Wu does not teach forming a premix and transferring the premix toa mixer and mix it with aggregate. Wambaugh teaches a process of making a cementitious material comprising magnesium oxide and magnesium chloride, and teaches mixing and reacting a source of magnesium chloride brine (MgCI2 and water) and source of magnesium oxide (premixing in a premixer) [step 201, step 202-206], and then mixing (obviously in a mixer) it with aggregate to form magnesium oxychloride concrete mixture [step 208]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu and Geng where a premix is made and then transferred to a mixer with added aggregate to form mixture (as per ordinary skill in art in absence of criticality), because it is suitable way to form magnesium oxychloride concrete mixture. Claim 7 is rejected. Neither Wu not Geng teach curing air comprises humidified ambient air. Wambaugh teaches a process of making a cementitious material comprising magnesium oxide and magnesium chloride, and teaches relative humidity of 30-100%, helps crystallizing amorphous phase [column 8 lines 22-25]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu and Geng where the humidity of the curing air introduced into each curing zone, because it' helps crystallization of amorphous phase. Claim 16 is rejected. Wu teaches the temperature of magnesium chloride brine (magnesium chloride in water) is in room temperature(23C) [0063]. Claim 17 is rejected. Wu teaches adding water and MgCl2(to make brine) [0063], but does not teach the density of the magnesium chloride brine. Wambaugh teaches a process of making a cementitious material comprising magnesium oxide and magnesium chloride, and teaches density of the brine is 1.26 g/mL [example 1]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu, Geng where the density of brine is 1.26, because it is suitable amount of MgCI2 solution for making cementitious material by combination with MgO. Claim 19 is rejected. Since by changing the temperature the volume of MgCI2 brine changes and the density of the bine changes, therefore it is to the skill of ordinary person to adjust the density in response to a deviation in the temperature of the magnesium oxychloride mixture from the desired temperature in absence of criticality. Claim 22 is rejected as Wu teaches the mixture contains magnesium oxide (MgO), magnesium chloride (MgCI2) and water (H2O), on an active ingredient basis, at a molar ratio of 5.32:1:17.2[0063]. Claim 23 is rejected as Wu teaches the aggregate comprises perlite [0041]. Claim 24 is rejected as Wambaugh teaches the process further comprising introducing phosphoric acid into the magnesium oxychloride cement [step 204] premix prior to adding aggregates (its transfer to the mixer). Claim 27 is rejected. Wu does not teach the source of magnesium oxide has a BET surface area of from about 10 m2/g to about 120 m2/g. Wambaugh teaches a process of making a cementitious material comprising magnesium oxide and magnesium chloride, and teaches surface are of magnesium oxide have BET surface area of 5 m2/g to 50 m2/g [column 3 lines 3-4, column 5 lines 47-48]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu, Geng where the surface is of magnesium oxide is 5-20 m2/g, because itis suitable surface area amount for oxide powder to mix with magnesium chloride and make cementitious material. Although it does not teach 10 m2/g to about 120 m2/g, however overlapping ranges are prima facie evidence of obviousness. It would have been obvious to one having ordinary skill in the art to have selected the portion of [overlapping range] that corresponds to the claimed range. In re Malagari, 182 USPQ 549 (CCPA 1974). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu, Geng, and Wambaugh where the surface area o magnesium oxide is 10-50 m2/g, because an ordinary skill in the art to have selected the portion of overlapping range that corresponds to the claimed range in absence of criticality. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Khin Thandar Soe (WO 2020/093111, here after Soe), Jin Geng (DE112019005644, here after Geng), further in view of James Allen Wambaugh et al (U. S. Patent: 10167232, here after Wambaugh). Claim 17 is rejected. Soe does not teach the density of the magnesium chloride brine. Wambaugh teaches a process of making a cementitious material comprising magnesium oxide and magnesium chloride, and teaches density of the brine is 1.26 g/mL [example 1]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Soe, Geng where the density of brine is 1.26, because it is suitable amount of MgCI2 solution for making cementitious material by combination with MgO. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao Wu et al (U. S. Patent Application: 2011/0088597, here after Wu), Jin Geng (DE112019005644, here after Geng). further in view of Irvin J. McMahon (U.S. Patent: 5603168, here after McMahoun). Claim 25 is rejected. Wu and Geng do not teach the plurality of supports having the boards(sheets) are supported horizontally on a rack. McMahoun teaches a method of conveying plurality of supports with boards thereon through a curing oven [column 1 paragraph 2], the curing oven comprising an entrance, an exit and a plurality of curing zones therebetween [fig. 1] through which the supports with the boards thereon are conveyed [column 1 lines 55- 61], and also teaches plurality of supports having the boards(sheets) thereon are supported horizontally on a rack and spaced vertically from one another such that no support is in contact with another support of the plurality of supports [column 5 lines 65-end -column 6 lines 1-6]; and wherein the rack is conveyed along a path from the entrance of the curing oven to the exit of the curing oven through the plurality of curing zones along the path [fig. 1]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Wu and Geng where the sheets (mould or boards) are on racks(decks), because it is suitable way to have the moulds stack and convey drying. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Khin Thandar Soe (WO 2020/093111, here after Soe), Jin Geng (DE112019005644, here after Geng). further in view of Irvin J. McMahon (U.S. Patent: 5603168, here after McMahoun). Claim 25 is rejected. Soe and Geng do not teach the plurality of supports having the boards(sheets) are supported horizontally on a rack. McMahoun teaches a method of conveying plurality of supports with boards thereon through a curing oven [column 1 paragraph 2], the curing oven comprising an entrance, an exit and a plurality of curing zones therebetween [fig. 1] through which the supports with the boards thereon are conveyed [column 1 lines 55- 61], and also teaches plurality of supports having the boards(sheets) thereon are supported horizontally on a rack and spaced vertically from one another such that no support is in contact with another support of the plurality of supports [column 5 lines 65-end -column 6 lines 1-6]; and wherein the rack is conveyed along a path from the entrance of the curing oven to the exit of the curing oven through the plurality of curing zones along the path [fig. 1]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Soe and Geng where the sheets (mould or boards) are on racks(decks), because it is suitable way to have the moulds stack and convey drying. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Khin Thandar Soe (WO 2020/093111, here after Soe), further in view of Irvin J. McMahon (U. S. Patent: 5603168, here after McMahoun), and Norman Sherman et al (U. S. Patent: 4613627, here after Sherman). Claim 5 is rejected. Soe teaches a process for making a magnesium oxychloride cementitious construction material [0001], the process comprising: mixing and reacting a source of magnesium chloride brine with a source of magnesium oxide in a premixer, thereby forming a magnesium oxychloride cement [0088-0090] premix; transferring (obvious for ordinary skill in art) the magnesium oxychloride cement premix to a mixer [0068]; mixing the magnesium oxychloride cement premix with an aggregate in the mixer [0092, 0068, 0091], thereby forming a magnesium oxychloride concrete mixture; continuously forming the magnesium oxychloride concrete mixture into a planar mass of the desired dimensions for board production onto a plurality of supports and cutting the planar mass into boards of the desired length [0093, 00103]; and continuously conveying the supports with the boards thereon through a curing oven [0093], to form magnesium oxychloride crystals [00140]. Soe does not teach curing comparing plurality of curing zones. McMahoun teaches a method of conveying plurality of supports with boards thereon through a curing oven [column 1 paragraph 2], the curing oven comprising an entrance, an exit and a plurality of curing zones therebetween [fig. 1] through which the supports with the boards thereon are conveyed [column 1 lines 55-61], each curing zone having one or more curing air inlets and one or more curing air outlets through which curing air is circulated in contact with the boards when conveyed through the zone, wherein as the boards are conveyed through the curing zones [abstract, column 4 last paragraph] required for each board to pass through the curing oven. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Soe where curing is done in McMahoun chamber, because it is suitable chamber for curing(drying) materials in form of sheets and boards. Soe does not teach transferring the magnesium chloride mixture from a mixer to a holding vessel. Sherman teaches a method of making construction material with magnesium oxychloride as binder [column 2 lines 47-57] and teaches forming a brine and mixing it with other material and transferring the mixture to a holding vessel (extruder, auger), and continuously forming the mixture transferred to the holding vessel into mould for production [fig. 1]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have a method of Soe and McMahoun, where the moulds are filled with extrusion, because it is suitable method of having extrusion prior to molding for making building materials. Therefore, the magnesium oxychloride concrete mixture transferred to a holding vessel(extrusion), and forming the magnesium oxychloride concrete mixture into the plurality of boards comprises extruding the mixture from the holding vessel onto a layer of material to be incorporated into the magnesium oxychloride cementitious construction material and carried by the supports (moulds). Although Sherman does not teach auger has larger capacity than eth mixer, however since Sherman process is continues if the capacity of auger is less or equal to the mixer, the material would over flow, therefore the capacity of the auger must be larger than the mixer. Since by changing the temperature the volume of MgCI2 brine and the density of the bine changes, therefore it is to the skill of ordinary person to adjust the density in response to a deviation in the temperature of the magnesium oxychloride mixture from the desired temperature in absence of criticality. Allowable Subject Matter Claim 26 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The flow of curing air in Geng reference is not parallel to horizontal surface of the boards and in fact is perpendicular. The examiner did not find a reference to reject claim 26. Response to Arguments Applicant’s arguments, see Remarks, filed 11/24/25, with respect to 35 U.S.C 112(b) have been fully considered and are persuasive. The 35 U.S.C 112(b) of claims 17, 22, and 27 have been withdrawn. Applicant's arguments filed 11/24/25 have been fully considered but they are not persuasive. The applicant argues McMahon does not teach new limitation of claim 1, however McMahoun is not a part of claim 1 rejection and Geng teaches new limitation of claim 1(see claim rejection above). The applicant argues regarding claim 5 rejection that references do not teach the new limitation of claim 5, however Sherman teaches a continuous process as requires by claim (see claim rejection above). The applicant argument regarding claim 10 rejection is not persuasive, Yang is cited to teach mixing and extruding steps, furthermore yang teaches heating to 100C [0025]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TABASSOM TADAYYON ESLAMI whose telephone number is (571)270-1885. The examiner can normally be reached M-F 9:30-6. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gordon Baldwin can be reached at 5712725166. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TABASSOM TADAYYON ESLAMI/Primary Examiner, Art Unit 1718
Read full office action

Prosecution Timeline

Nov 11, 2022
Application Filed
Sep 18, 2024
Non-Final Rejection — §103, §112
Mar 19, 2025
Response Filed
May 20, 2025
Final Rejection — §103, §112
Nov 24, 2025
Request for Continued Examination
Nov 27, 2025
Response after Non-Final Action
Jan 10, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
50%
Grant Probability
77%
With Interview (+27.1%)
3y 7m
Median Time to Grant
High
PTA Risk
Based on 776 resolved cases by this examiner. Grant probability derived from career allow rate.

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