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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/10/2026 has been entered.
Response to Amendment
In response to the amendment received on 04/10/2026:
claims 1 and 3-24 are currently pending
claims 1 and 16 are amended
new prior art grounds of rejection applying Kiely, Smith and Ali are presented 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.
Claims 1, 3-7, 12-14, 16, 19 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kiely et al. (Pub. No.: US 2009/0250653), hereinafter referred to as KIELY, in view of Smith et al. (US 20120119152 A1), hereinafter referred to as SMITH.
Regarding claim 1, KIELY teaches a multifunctional cement additive for use in a cement composition (see KIELY at Abstract: compositions which inhibit corrosion and alter the physical properties of concrete; and Table 4: test results for dextrose oxidation products as Type D (water reducing/set retarding) Admixtures) comprising:
a biochelant (see KIELY at Table 4: glucarate); and
a solvent (see KIELY at paragraph [0029]: distilled water was used to prepare each solution), wherein the biochelant comprises glucarate anions (see KIELY at Table 4: glucarate),
wherein the biochelant comprises gluconate and glucarate anions with component species of n-keto-acids and C2-C5 diacids (see KIELY at paragraph [0022]: oxidation of glucose containing solution produces a mixture of oxidation products that include gluconic acid, glucaric acid, tartaric acid/ C2-C5 diacid, 5-ketogluconic acid).
While KIELY teaches a multifunctional cement additive comprising glucarate (see KIELY at Table 4: glucarate), and the concrete admixture wherein the organic compound suitable for oxidation is selected form the group consisting of carbohydrates (see KIELY at claim 23) such as glucose (see KIELY at paragraph [0020]), KIELY fails to explicitly teach the composition comprising predominantly gluconate and glucarate anions with minor component species of n-keto-acids and C2-C5 diacids.
However, SMITH discloses a corrosion inhibiting composition for metal comprising a mixture of at least one salt of a hydroxycarboxylic acid and at least one salt of a suitable oxoacid anion (see SMITH at paragraph [0010]). SMITH also discloses that the hydroxycarboxylic acids of the current invention may be produced according to any methods currently known in the art; one of the commercial methods of preparation of the common hydroxycarboxylic acids or salts thereof include employ nitric acid as the oxidizing agent in aqueous solution and have been described (Kiely, U.S. Pat. No. 7,692,041), and that the skilled artisan will appreciate that any of the methods described herein, as well as any combination of the methods may be used to obtain the hydroxycarboxylic acid (see SMITH at paragraph [0026]). Additionally, SMITH discloses that the oxidation of a variety of feedstocks, including glucose will generally produce a mixture of oxidation products that includes gluconic acid, glucaric acid, tartaric acid, tartronic acid, and glycolic acids, all of which are hydroxycarboxylic acids, and within the scope of the current invention, and that the use of hydroxycarboxylic acids as a potential corrosion inhibitor has been previously discussed (see U.S. Published Patent Application 2009/0250653) (see SMITH at paragraph [0027]). SMITH teaches the corrosion inhibiting compositions comprising about 30% to about 75% by weight of the at least one glucarate salt, about 0% to about 20% by weight of the at least one gluconate salt, about 0% to about 10% by weight of the at least one 5-keto-gluconate salt, about 0% to about 10% by weight of the at least one tartrate salt (see SMITH at paragraph [0024]). SMITH also discloses that one of skill in the art will appreciate that salts are generally the compounds that arise from the neutralization reaction of an acid and a base; any oxidation derivative of a carbohydrate or other polyol may be incorporated in its salt form into the disclosed invention (see SMITH at paragraph [0023]).
It is noted, that aforementioned inventions of KIELY and SMITH are by the same joint inventor. Furthermore, SMITH explicitly teaches that the hydroxycarboxylic acids of the current invention may be produced according to any methods currently known in the art; one of the commercial methods of preparation of the common hydroxycarboxylic acids or salts thereof includes employing nitric acid as the oxidizing agent in aqueous solution and has been described (Kiely, U.S. Pat. No. 7,692,041), and that the skilled artisan will appreciate that any of the described methods, as well as any combination of the methods may be used to obtain the hydroxycarboxylic acid (see SMITH at paragraph [0026]). Moreover, SMITH refers to the use of hydroxycarboxylic acids as a potential corrosion inhibitor which has been previously discussed (see U.S. Published Patent Application 2009/0250653) (see SMITH at paragraph [0027]). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention that the composition of KIELY which inhibits corrosion and alter the physical properties of concrete (admixtures) prepared from salt mixtures of hydroxycarboxylic acids, carboxylic acids, and nitric acid, would comprise predominantly gluconate and glucarate anions with minor component species of n-keto-acids and C2-C5 diacids as disclosed by SMITH, based on SMITH’s disclosure describing that the composition comprising a mixture of at least one salt of a hydroxycarboxylic acid is produced by the method previously described by KIELY.
Please note, the statement “for use in a cement mixture” is a statement of intended use and is not considered as further limiting structurally a multifunctional cement additive. Furthermore, the statement “wherein the cement composition, when the multifunctional cement additive is used, exhibits a conductivity of from about 0.1 µS/cm2 to about 1 µS/cm2 as determined in accordance with ASTM G180 Polarization Resistance Test” is further limiting the intended use and is not considered a positive claim limitation.
Regarding claim 3, KIELY as modified by SMITH teaches the multifunctional additive of claim 1, comprising at least three functionalities selected from the group consisting of water reducers, set retarders (see KIELY at paragraph [0046]: Samples I-III met Type D (water reducing/set retarding) admixture standards) and corrosion inhibitors (see KIELY at Abstract: compositions which inhibit corrosion and alter the physical properties of concrete).
Regarding claim 4, KIELY as modified by SMITH teaches the multifunctional additive of claim 1, further comprising a water reducer (see KIELY at paragraph [0046]: Samples I-III met Type D (water reducing/set retarding) admixture standards).
Regarding claim 5, KIELY as modified by SMITH teaches the multifunctional additive of claim 4, wherein the water reducer comprises hydroxycarboxylic acid (see KIELY at paragraph [0022]: oxidation of glucose containing solution produces a mixture of oxidation products that include gluconic acid, glucaric acid/hydroxycarboxylic acid).
Regarding claim 6, KIELY as modified by SMITH teaches the multifunctional additive of claim 1, further comprising a set retarder (see KIELY at paragraph [0046]: Samples I-III met Type D (water reducing/set retarding) admixture standards).
Regarding claim 7, KIELY as modified by SMITH teaches the multifunctional additive of claim 6, wherein the set retarder comprises organic acids (see KIELY at paragraph [0022]: oxidation of glucose containing solution produces a mixture of oxidation products that include gluconic acid, glucaric acid, tartaric acid/ C2-C5 diacid, 5-ketogluconic acid).
Regarding claim 12, KIELY as modified by SMITH teaches the multifunctional additive of claim 1, further comprising a corrosion inhibitor (see KIELY at Abstract: compositions which inhibit corrosion and alter the physical properties of concrete).
Regarding claim 13, KIELY as modified by SMITH teaches the multifunctional additive of claim 12, wherein the corrosion inhibitor comprises nitrates (see KIELY at Table 3: nitrate concentration).
Regarding claim 14, KIELY as modified by SMITH teaches the multifunctional additive of claim 1, further comprising an air entrainer (see KIELY at Table 4: air entrainment).
Regarding claim 16, KIELY as modified by SMITH teaches a cement composition comprising:
(i) a cementitious material (see KIELY at Table 3: cement);
(ii) biochelant wherein the biochelant comprises a sodium glucarate liquid oxidation product comprising predominantly gluconate and glucarate anions with minor component species of n-keto-acids and C2-C5 diacids (see rejection of claim 1 above spanning paragraphs on pages 4-5, and KIELY at Table 3: Admixture);
(iii) a solvent (see KIELY at Table 3: water).
Regarding claim 19, KIELY as modified by SMITH teaches the cement composition of claim 16, wherein the biochelant is present in an amount of from about 0.1 wt.% to about 40 wt.% based on the total weight of the cement composition (see KIELY at Table 4: 5 oz/cwt Admixture doze, the cement composition: 517 lbs/cu yd cement and 273 lbs.cu yd water). KIELY teaches 0.3 wt.% of admixture, which is within and anticipates the claimed range.
Regarding claim 22, KIELY as modified by SMITH teaches the cement composition of claim 16, having a compressive strength that is increased by from about 5% to about 100% when compared to an otherwise similar cement composition lacking a biochelant (see KIELY at Table 4: Admixture II: compressive strength is 126% of control). KIELY teaches an increase by 26% which is within and anticipated the claimed range.
Regarding claim 23, KIELY as modified by SMITH teaches the cement composition of claim 16, having a thickening time that is increased by from about 5% to about 400% when compared to an otherwise similar cement composition lacking a biochelant (see KIELY at Table 4: Admixture II: final set time difference 2:43 later).
Claims 8-11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over KIELY in view of SMITH as applied to claim 1 above, and further in view of ALI et al. (Pub. No.: US 2019/0337850 A1), hereinafter referred to as ALI.
Regarding claim 8, KIELY as modified by SMITH teaches the multifunctional cement additive of claim 1, but fails to explicitly teach further comprising accelerant.
However, ALI teaches a method of making a structural lightweight and thermal insulating concrete (see ALI at Abstract). ALI discloses that chemical admixtures referred to materials in the form of powder or fluids that are added to concrete to give it certain characteristics not obtainable with plain concrete mixes (see ALI at paragraph [0102]). ALI teaches that additive chemical mixtures include accelerators, retarders, air entraining agents, corrosion inhibitors and the like; accelerators speed up hydration (hardening) of concrete and may be useful for modifying the properties of concrete in cold weather (see ALI at paragraph [0115]). Additionally, ALI teaches exemplary accelerators including CaCl2, Ca(NO3)2 and NaNO3 (see ALI at paragraph [0115]).
ALI and KIELY teach that admixtures alter properties of concrete (see ALI at paragraph [0102] and KIELY at Abstract), one of ordinary skill in the art would have recognized the potential benefit of modifying the multifuctional admixture composition by including accelerator such as CaCl2, Ca(NO3)2 and NaNO3 as disclosed by ALI since ALI explicitly teaches that accelerators speed up hydration (hardening) of concrete (see ALI at paragraph [0115]).
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 KIELY by including the accelerator disclosed by ALI in order to speed up hydration (hardening) of concrete.
Regarding claim 9, KIELY as modified by SMITH and ALI teaches the multifunctional cement additive of claim 8, wherein the accelerant comprises calcium chloride (see ALI at paragraph [0115]: CaCl2).
Regarding claim 10, KIELY as modified by SMITH teaches the multifunctional cement additive of claim 1, but fails to explicitly further comprising a superplasticizer.
However, ALI teaches a method of making a structural lightweight and thermal insulating concrete (see ALI at Abstract). ALI discloses that chemical admixtures referred to materials in the form of powder or fluids that are added to concrete to give it certain characteristics not obtainable with plain concrete mixes (see ALI at paragraph [0102]). ALI teaches that the addition of a superplasticizer to concrete or mortar allows the reduction of the water content and water to cement ratio, while not affecting the workability of the mixture; this effect drastically improves the performance of the hardening fresh paste, the strength of concrete increases when the water to cement ratio decreases, and such treatment improves the strength and durability characteristics of the concrete and enables the production of self-consolidating concrete and high performance concrete (see ALI at paragraph [0102]). Additionally, ALI teaches superplasticizer including poly naphthalene sulfonates (see ALI at paragraph [0104]).
ALI and KIELY teach that admixtures alter properties of concrete (see ALI at paragraph [0102] and KIELY at Abstract), one of ordinary skill in the art would have recognized the potential benefit of modifying the multifuctional admixture composition by including superplasticizer such as poly naphthalene sulfonates as disclosed by ALI since ALI explicitly teaches drastically improving the performance of the hardening fresh paste and increasing the strength of concrete (see ALI at paragraph [0102]).
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 KIELY by including the superplasticizer disclosed by ALI in order to drastically improve the performance of the hardening fresh paste and increase the strength of concrete.
Regarding claim 11, KIELY as modified by SMITH and ALI teaches the multifunctional cement additive of claim 10, wherein the superplasticizer comprises naphthalenesulfonate polymer (see ALI at paragraph [0104]: poly naphthalene sulfonates).
Regarding claim 15, KIELY as modified by SMITH teaches the multifunctional cement additive of claim 14. While KIELY teaches an air entrainer (see KIELY at Table 4: air entrainment), KIELY fails to explicitly wherein the air entrainer comprises natural wood resin, animal fats, wetting agents, water-soluble acid soaps or a combination thereof.
However, ALI teaches a method of making a structural lightweight and thermal insulating concrete (see ALI at Abstract). ALI discloses that chemical admixtures referred to materials in the form of powder or fluids that are added to concrete to give it certain characteristics not obtainable with plain concrete mixes (see ALI at paragraph [0102]). ALI teaches that additive chemical mixtures include accelerators, retarders, air entraining agents (i.e. surfactants, which reads on limitation “wetting agents”), corrosion inhibitors and the like (see ALI at paragraph [0115]).
ALI and KIELY teach air entraining agents, and according to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the composition of KIELY by including surfactant/wetting agent as an air entrainer disclosed by ALI.
Claims 16-18, 20-21 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over ALI in view of KIELY and SMITH.
Regarding claim 16, ALI teaches a cement composition comprising:
(i) a cementitious material (see ALI at paragraph [0066]: Portland cement products);
(ii) a solvent (see ALI at paragraph [0106]: potable water).
While ALI teaches that chemical admixtures referred to materials in the form of powder or fluids that are added to concrete to give it certain characteristics not obtainable with plain concrete mixes (see ALI at paragraph [0102]), and that exemplary additional chemical admixtures include, but are not limited to, accelerators, retarders, air entraining agents, pigments, corrosion inhibitors and the like (see ALI at paragraph [0115]), ALI fails to explicitly teach a biochelant wherein the biochelant comprises a sodium glucarate liquid oxidation product comprising predominantly gluconate and glucarate anions with minor component species of n-keto-acids and C2-C5 diacids.
However, as was discussed on rejection of claim 1 above spanning paragraphs on pages 4-5, KIELY as modified by SMITH teaches a multifunctional concrete admixture comprising large portions of glucaric acid or salt thereof and gluconic acid or salt thereof and can optionally include lesser portions of ketogluconic acids and C2-C5 di-acids (see KIELY at Abstract and SMITH at paragraph [0024]).
ALI and KIELY as modified by SMITH teach chemical admixtures alter properties of concrete (see ALI at paragraph [0102] and KIELY at Abstract), and according to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the cementitious composition of ALI by including a multifunctional admixture disclosed by KIELY as modified by SMITH based on teachings of ALI describing exemplary additional chemical admixtures include, but are not limited to, accelerators, retarders, air entraining agents, pigments, corrosion inhibitors and the like (see ALI at paragraph [0115]). The rationale for such modification is to combine prior art elements according to known methods to yield predictable results (see MPEP §2143(I), example rationale (A)).
ALI as modified by KIELY and SMITH teaches all structural limitations of claim 16 as set forth, therefore, the cement composition, is presumed to comprise the claimed properties such as a conductivity of from about 0.1 µS/cm2 to about 1 µS/cm2 as determined in accordance with ASTM G180 Polarization Resistance Test. 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”.
Regarding claim 17, ALI as modified by KIELY and SMITH, teaches the cement composition of claim 16, wherein the cementitious material comprises Portland cements, pozzolana cements, fly ash cement (see ALI at paragraph [0068]: Portland cement, Portland fly ash cement, Portland pozzolan cement).
Regarding claim 18, ALI as modified by KIELY and SMITH, teaches the cement composition of claim 16, wherein the cementitious material is present in an amount of from about 0.01% BWOC to about 5% BWOC (see ALI at paragraph [0066]: about 5% of calcium sulfate (often in the form of gypsum or anhydrite) is added to clinker). ALI teaches about 5% of cementitious material such as calcium sulfate, which is within and anticipates the claimed range.
Regarding claim 20, ALI as modified by KIELY and SMITH, teaches the cement composition of claim 16, wherein the solvent comprises fresh water (see ALI at paragraph [0106]: potable water).
Regarding claim 21, ALI as modified by KIELY and SMITH, teaches the cement composition of claim 20, wherein the water is present in an amount of from about 20% BWOC to about 180% BWOC (see ALI at Table 7, Mix#1: 16.4% cement and 7.9% water). ALI teaches water in an amount of 48% by weight of cement, which is within and anticipates the claimed range.
Regarding claim 24, ALI as modified by KIELY and SMITH teaches the cement composition of claim 16. Since ALI as modified by KIELY and SMITH teaches all limitations of claim 16 as set forth, the composition of ALI as modified by KIELY and SMITH would necessarily comprise the claimed properties such as a slump that is increased by from about 0.5 inches to about 9 inches when compared to an otherwise similar cement composition lacking a biochelant. See MPEP §2112.01(I).
Response to Arguments
Applicant’s arguments with respect to claims 1-2 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
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