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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/31/2025 has been entered.
Response to Amendment
In response to the amendment received on 10/31/2025:
claims 1 and 3-7 are currently pending
claims 1, 4 and 7 are amended
new prior art grounds of rejection applying Morioka, Kolovos and Ishimori are presented herein
Claims 1 and 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Morioka et al. (Pub. No.: US 2004/0216644 A1), hereinafter referred to as MORIOKA, in view of Kolovos et al. (The effect of foreign ions on the reactivity of the CaO-SiO2-Al2O3-Fe2O3 system, Part II: cations, Cement and Concrete research, 32, 2002, pages 463-469), hereinafter referred to as KOLOVOS, and Ishimori et al. (JP 2001039748 A) with reference to the provided machine translation, hereinafter referred to as ISHIMORI.
Regarding claim 1, MORIOKA teaches a cement admixture comprising at least one type of non-hydraulic compound selected from the group consisting of γ-2CaO·SiO2, 3CaO·2SiO2, α-CaO·SiO2, and calcium magnesium silicate (see MORIOKA at Abstract: a cement admixture containing one or more of non-hydraulic compounds selected from the group consisting of γ-2CaO·SiO2, α-CaO·SiO2, and calcium magnesium silicate),
30 to 55 parts by mass of SiO2,
0 to 10 parts by mass of Al2O3 in 100 parts by mass of the cement admixture (see MORIOKA at paragraph [0105]: SiO2 content 35%, Al2O3 content 4%; main chemical; compound phases are γ-2CaO·SiO2, content about 40%, Cuspidine content about 14%, Mervinite 3CaO·MgO·2SiO2 content about 40 %).
But MORIOKA fails to explicitly teach wherein the non-hydraulic compound contains Li, and the content rate of the Li is 0.001 to 1.0% by mass in terms of oxide, and 60 to 70 parts by mass of CaO, wherein Li is contained in the non-hydraulic compound in a state in which Li2O is contained as a chemical composition in the non-hydraulic compound, wherein Li2O in the non-hydraulic compound is not identified in X-ray diffractometry, and wherein the state is not a state in which the non-hydraulic compound and a Li compound are simply physically mixed.
However, KOLOVOS teaches the effect of foreign ions on reactivity of CaO, SiO2, Al2O3 and Fe2O3, during the thermal treatment (see KOLOVOS at 1. Introduction, left column, p. 463). KOLOVOS also teaches that small amounts of lithium oxide improve the reactivity of raw material mix, by lowering the temperature of the initial melt formation; however, if the concentration of Li2O exceeds 1%, the combination of free lime is impaired and the conversion of C2S (dicalcium silicate) to C3S (tricalcium silicate) is inhibited (see KOLOVOS at 1.1. Cations of IA-IIA group, p. 463). KOLOVOS discloses that Li2O is found to affect the decomposition of calcium carbonate, and that an accelerated formation of belite was observed in samples containing Li2CO3, which was attributed to the formation of higher reactive CaO (see KOLOVOS at 3.1 Effect of added oxides at 1200 °C, left column, p. 466). Furthermore, KOLOVOS discloses that there are some modifications in the XRD pattern of the doped samples that may be indications concerning the formation of new phases but, due to the complexity of the pattern and the small amount of the added oxides, it was not possible to identify any of them (see KOLOVOS at 3.2. Effect of the added oxides at 1450°C, left column, first paragraph on p. 468). Additionally, KOLOVOS teaches that the incorporation of minor elements in clinker and their effect on the raw mix sintering and the structure of the clinker minerals are a complex physicochemical phenomenon (see KOLOVOS at 3.2. Effect of the added oxides at 1450°C, left column, second paragraph on p. 468).
Both KOLOVOS and MORIOKA disclose subjecting the mixtures to heat treatment at around 1400°C (see KOLOVOS at 3.2. Effect of the added oxides at 1450°C, and MORIOKA at paragraphs [0084-86]), thus, one of ordinary skill in the art would have recognized that heat treatment results in the incorporation of Li into the chemical composition in the final compound.
One of ordinary skill in the art would have recognized the potential need to improve the cement admixture of MORIOKA by including no more than 1% of Li2O as disclosed by KOLOVOS since KOLOVOS explicitly teaches small amounts of lithium oxide improve the reactivity of raw material mix (CaO, SiO2, Al2O3 and Fe2O3), by lowering the temperature of the initial melt formation (see KOLOVOS at 1.1. Cations of IA-IIA group, p. 463), and aids in formation of higher reactive CaO (see KOLOVOS at 3.1 Effect of added oxides at 1200 °C, left column, p. 466).
MORIOKA discloses that admixture A: γ-2CaO·SiO2, synthesized by mixing a first grade reagent calcium carbonate and silicon dioxide in a molar ratio of 2:1; and that α-CaO·SiO2 synthesized by mixing a first grade reagent calcium carbonate and silicon dioxide in a molar ratio of 1:1 (see MORIOKA at paragraphs [0084-85]). Furthermore, the benefit of utilizing calcium silicate with high CaO content is evidenced from disclosure of ISHIMORI describing that the clinker composition used for the early-strength cement admixture of the present invention has a main mineral composition of (a) 3CaO.SiO2-2CaO.SiO2-CaO-pore substance, (b)3CaO.SiO2-CaO-pore substance, and that the clinker composition may contain alite (3CaO.SiO2) or belite (2CaO.SiO2) (see ISHIMORI at paragraph [0016]); and that by containing at least CaO crystals and the above-mentioned interstitial substance as a main mineral composition, CaO plays a role of promoting heat generation during hydration and its hydration product to promote hardening of cement (see ISHIMORI at paragraph [0014]). Additionally, ISHIMORI discloses that the content of CaO crystals contained in the clinker composition is preferably 50 to 92% by weight: if this content is less than 50%, the desired early strength cannot be obtained, while if this content exceeds 92%, the above-mentioned interstitial substances are relatively small, and it is also difficult to obtain the desired properties (see ISHIMORI at paragraph [0015]).
One of ordinary skill in the art would have recognized the potential benefit of improving the cement admixture of MORIOKA by adjusting the amount of CaO to be within the claimed range based on the disclosure of ISHIMORI describing that if this content is less than 50%, the desired early strength cannot be obtained, while if this content exceeds 92%, it is also difficult to obtain the desired properties (see ISHIMORI at paragraph [0015]).
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 cement admixture of MORIOKA by including no more than 1% of Li2O as disclosed by KOLOVOS in order to improve the reactivity of raw material mix, and by adjusting the amount of CaO to be within the claimed range to reap the benefits of the adjustment of the amount of CaO as disclosed by ISHIMORI such as obtaining desired early strength.
Regarding claim 3, MORIOKA as modified by ISHIMORI and KOLOVOS teaches the cement admixture according to claim 1, wherein a content of sulfur in the non-hydraulic compound is 1.0% by mass or less in terms of oxide. For the purpose of examination, the Examiner interprets the limitation “1.0% by mass or less” as 0 to 1.0%, thus, the content rate of sulfur is not positively required by the claim as set forth.
Regarding claim 4, MORIOKA as modified by ISHIMORI and KOLOVOS teaches the cement admixture according to claim 1, wherein a content of the non-hydraulic compound is at least 70% by mass (see MORIOKA at paragraph [0105]: main chemical; compound phases are γ-2CaO·SiO2, content about 40%, Cuspidine content about 14%, Mervinite 3CaO·MgO·2SiO2 content about 40 %; the content of non-hydraulic compounds is about 95%). MORIOKA teaches range which is within the claimed range.
Regarding claim 5, MORIOKA as modified by ISHIMORI and KOLOVOS teaches the cement admixture according to claim 1, wherein the non-hydraulic compound is γ-2CaO·SiO2 (see MORIOKA at Abstract: a cement admixture containing one or more of non-hydraulic compounds selected from the group consisting of γ-2CaO·SiO2).
Regarding claim 6, MORIOKA as modified by ISHIMORI and KOLOVOS teaches the cement admixture according to claim 1, wherein by-produced slaked lime is used as a CaO raw material for the non-hydraulic compound (see MORIOKA at paragraph [0056]: as the CaO raw material, there can be given, calcium hydroxide such as slaked lime).
Regarding claim 7, MORIOKA as modified by ISHIMORI and KOLOVOS teaches a cement composition comprising the cement admixture of claim 1 (see MORIOKA at paragraphs [0035]: (1) a cement admixture; and [0042]: a cement composition comprising a cement and the cement admixture as defined in (1)).
Response to Arguments
Applicant's arguments filed on 10/31/2025 have been fully considered but they are not persuasive.
Applicant argues that Li in the non-hydraulic compound of claim 1 is contained within the chemical composition (the presence can be confirmed by ICP luminescence spectroscopy), wherein Li2O is not identified in X-ray diffractometry, which is not a state in which a non-hydraulic compound and a Li compound are simply physically mixed (see claim 1), as further defined in the present specification; and that the claimed composition is not described in the cited references (see Remarks received on 10/31/2025 spanning paragraphs on pages 5-6).
However, the examiner respectfully disagrees for the following reasons. As was discussed in the rejection of claim 1 above, KOLOVOS discloses that small amounts of lithium oxide improve the reactivity of raw material mix, by lowering the temperature of the initial melt formation; however, if the concentration of Li2O exceeds 1%, the combination of free lime is impaired and the conversion of C2S (dicalcium silicate) to C3S (tricalcium silicate) is inhibited (see KOLOVOS at 1.1. Cations of IA-IIA group, p. 463). Moreover, KOLOVOS discloses that the incorporation of minor elements in clinker and their effect on the raw mix sintering and the structure of the clinker minerals are a complex physicochemical phenomenon (see KOLOVOS at 3.2. Effect of the added oxides at 1450°C, left column, second paragraph on p. 468), and that the high temperatures during the burning process, together with the usual operating conditions
in the rotary kiln system, ‘‘mobilize’’ the trace elements contained in the materials used (see KOLOVOS at 3.2. Effect of the added oxides at 1450°C, right column, third paragraph on p. 467). Both KOLOVOS and MORIOKA disclose subjecting the mixtures to heat treatment at around 1400°C (see KOLOVOS at 3.2. Effect of the added oxides at 1450°C, and MORIOKA at paragraphs [0084-86]), thus, one of ordinary skill in the art would have recognized that modification of the cement admixture of MORIOKA by including no more than 1% of Li2O as disclosed by KOLOVOS in order to improve the reactivity of raw material mix, and the heat treatment would result in the incorporation of Li into the chemical composition of the final compound.
Furthermore, according to MPEP § 2111, the proper claim interpretation includes giving claims their broadest reasonable interpretation in light of the specification. The method of preparation of cement admixture disclosed in paragraph [0041] of Specification comprises the steps of mixing calcium carbonate and silicon dioxide at a molar ratio of 2:1, and thermally treating mixture at 1400°C for 2 hours. MORIOKA discloses the method of preparation of admixture A: γ-2CaO·SiO2, comprising mixing a first grade reagent calcium carbonate and silicon dioxide in a molar ratio of 2:1 and subjecting the mixture to heat treatment at 1400°C for 2 hours (see MORIOKA at paragraph [0084]). Thus, when modifying the admixture of MORIOKA by including less than 1% of Li2O as disclosed by KOLOVOS, one of ordinary skill in the art would have anticipated to obtain the final product wherein Li is contained in the non-hydraulic compound in a state in which Li2O is contained as a chemical composition in the non-hydraulic compound, wherein Li2O in the non-hydraulic compound is not identified in X-ray diffractometry, and wherein the state is not a state in which the non-hydraulic compound and a Li compound are simply physically mixed, as set forth in claim 1. See MPEP §2112.01(I): “where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best”.
In response to Applicant’s argument that the references fail to show certain features of Applicant’s invention, it is noted that the feature upon which Applicant relies (i.e., carbonation reaction rate (see Remarks received on 10/31/2025 spanning paragraphs on pages 6-7)) is not recited in the rejected claim.
Regarding Applicant’s argument that KOLOVOS describes that the range of Li2O can be up to 1%, and there is no description or suggestion to select the claimed range (see Remarks received on 10/31/2025 at paragraph 2, p. 7), it is noted that claim 1 recites “0.001 to 1.0 parts by mass of Li2O”, and KOLOVOS discloses that Li2O content should not exceed 1%, which overlaps and render obvious 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. See MPEP §2144.05(I).
Applicant argues that the ranges of CaO in MORIOKA and ISHIMORI at best only overlap up to 53% of CaO and do not overlap in the range even close to the claimed range; and there is no suggestion or motivation to substitute and extend the specifically describe contents of CaO of MORIOKA with non-overlapping amounts of CaO in ISHIMORI with a reasonable expectation of success (see Remarks received on 10/31/2025 spanning paragraphs on pages 7-8).
However, the examiner respectfully disagrees for the following reasons. As was discussed in the rejection of claim 1 above, ISHIMORI discloses that the content of CaO crystals contained in the clinker composition is preferably 50 to 92% by weight: if this content is less than 50%, the desired early strength cannot be obtained, while if this content exceeds 92%, the above-mentioned interstitial substances are relatively small, and it is also difficult to obtain the desired properties (see ISHIMORI at paragraph [0015]). Since both MORIOKA and ISHIMORI disclose cement admixture comprising calcium silicate, one of ordinary skill in the art would have recognized the potential benefit of improving the cement admixture of MORIOKA by adjusting the amount of CaO to be within the range disclosed by ISHIMORI. Thus, the teachings of ISHIMORI regarding obtaining desired early strength would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention. See MPEP §2143 (Example Rationale (G)).
Moreover, the method of preparation of cement admixture disclosed in paragraph [0041] of Specification comprises the steps of mixing calcium carbonate and silicon dioxide at a molar ratio of 2:1, and thermally treating mixture at 1400°C for 2 hours. MORIOKA discloses the method of preparation of admixture A: γ-2CaO·SiO2, comprising mixing a first grade reagent calcium carbonate and silicon dioxide in a molar ratio of 2:1 and subjecting the mixture to heat treatment at 1400°C for 2 hours (see MORIOKA at paragraph [0084]). Thus, while MORIOKA is silent with respect to the admixture comprising the claimed amount of CaO, one of ordinary skill in the art would have expected the admixture of MORIOKA to have the same composition as claimed by the Applicant, as a result of utilizing the same synthetic approach.
Therefore, the rejection of claims as being unpatentable over MORIOKA, KOLOVOS and ISHIMORI is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shoji et al. (WO 2014002727 A1) with reference to the provided machine translation, discloses γ-2CaO·SiO2 formed by adding an alkali component to the raw material mixture (paragraph [7]); wherein the total alkali amount is 0.05 mass% to 1.00 mass% (paragraph [8]), and the total alkali amount means the content (% by mass) of Na2O, K2O and Li2O (paragraph [17]).
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731